SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.
ORINDA LIBRARY
AUDITORIUM
26 ORINDA WAY
ORINDA, CA 94563
(925) 351-6676
CITY COUNCIL
AGENDA
Tuesday, April 18, 2023
6:00 PM - SPECIAL MEETING
City Council
Agenda Page 1 04.18.23
How to follow or participate in the meeting:
• Members of the public may observe and participate in the meeting by attending in person at the highlighted location above. The meeting will be live streamed via the City YouTube Channel. https://www.youtube.com/@cityoforinda9535/streams • They may also submit a public comment in advance of the meeting by following instructions below:
Send your e-mail to [email protected] by 3pm on the day of the meeting.
Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link: https://tinyurl.com/Orinda-Public-Comments • Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
City Council
Agenda Page 2 04.18.23
6:00 PM
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. WORKSHOP
D.1. Fire Mitigation Update from Other Agencies (PGE, EBMUD, EBRPD) E. ITEMS FOR THE GOOD OF THE CITY
E.1. Proclamation declaring April 2023 as Native Plant Month in the City of Orinda
F. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
G. CONSENT CALENDAR
G.1. Ordering the Preparation and Filing of a Report for the Fiscal Year 2023-24 Assessments for the Orinda Street Lighting and
Landscaping Assessment District No. 1986-1
Recommendation:
Adopt Resolution No. 29-23, Ordering the Preparation and Filing of Report for Levy of Annual Assessments for Fiscal Year 2023-24 for Orinda Street Lighting and Landscaping Assessment District No. 1986-1.
H. PUBLIC HEARING
I. POLICY MATTERS
City Council
Agenda Page 3 04.18.23
I.1. Fire Fuels Reduction Incentive Pilot Program Update Recommendation:
Review, Discuss, Adopt Resolution 27-23 approving the Fuel Reduction Incentive Pilot Program update, and provide direction if needed.
J. COUNCILMEMBERS' REPORTS
K. CITY MANAGER'S REPORT
L. MATTERS INITIATED
M. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 635 square foot retail space located in the Orinda Library Building at 26 Orinda Way, currently occupied by Caffe Teatro. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and So Jin Kim, current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 359 square foot space located in the Orinda Library Building at 26 Orinda Way, currently occupied by the Orinda Association. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and the Orinda Association, current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 593 square foot space located in the Orinda Library Building at 26 Orinda Way, currently occupied by the Orinda Historical Society. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and the Orinda Historical Society, City Council
Agenda Page 4 04.18.23
current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
E. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION. Pursuant to Government Code Section 54956.9(d)(4), conference with Legal Counsel regarding initiation of litigation (1 potential case)
4. OPEN SESSION REPORT REGARDING CLOSED SESSION
N. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, May 02, 2023 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting. For information on the next City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary. Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.
City Council
Staff Report
Agenda Item: G.1
Date: April 18, 2023
Department:
Public Works and
Engineering Services
AGENDA TITLE: Ordering the Preparation and Filing of a Report for the Fiscal Year 2023-24 Assessments for the Orinda Street Lighting and Landscaping Assessment District No. 1986-1
RECOMMENDATION:
Adopt Resolution No. 29-23, Ordering the Preparation and Filing of Report for Levy of Annual Assessments for Fiscal Year 2023-24 for Orinda Street Lighting and Landscaping Assessment District No. 1986-1.
BACKGROUND:
The Orinda Street Lighting and Landscape Assessment District No. 1986-1 (AD 86-1) consists of three distinct zones of benefit. These zones are former County Service Areas which were reinstituted upon incorporation as AD 86-1 to continue similar services. The zones are as follows:
▪ The L-42 Zone finances the cost of residential street lighting within four neighborhoods in South Orinda. These neighborhoods are:
1. Tahos Road from just north of Bates Blvd to the south cul-de-sac including Bates Court, Silverwood Court, and Oakridge Court; Meadow View Road from Meadow Lane to the north cul-de-sac
2. Valley Drive from Heather Lane to south of Valley Court
3. Courtney Lane
4. Martha Road and Catherine Court (cul-de-sac sections of both streets) ▪ The M-9 Zone finances the cost of residential street lighting in the Orinda Downs area along the following streets:
1. Dalewood Drive (public portion) 6. Fallen Leaf Terrace
2. Redcoach Lane 7. Sundown Terrace
3. Coachwood Terrace 8. Silver Oak Terrace
4. Amber Valley Drive 9. Happy Valley Road
5. Singingwood Lane
▪ The M-11 Zone is comprised of commercial properties in the Village District and Theatre District (Crossroads) areas, and finances the cost of part or all of the following services.
1. operation of street lights and replacement of failing poles and fixtures
2. sidewalk replacement
3. street sweeping and litter pickup
4. landscape maintenance (median islands, right-of-way, and mini-parks)
5. water and electric utilities for landscaping (water, electrical irrigation) G.1
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DISCUSSION:
The Landscaping and Lighting Act of 1972 requires that an annual review and updated Engineer’s report be prepared to set assessment rates each fiscal year. The assessments cannot exceed the maximum annual assessment amount set plus any approved cost of living.
In 1999, a ballot proceeding was conducted to allow for an annual adjustment to the assessment amount. The results of that proceeding were that the L-42 Zone and the M9 Zone have approved annual adjustments, which allow for an annual adjustment based on the February to February Consumer Price Index for the San Francisco Bay Area.
The M-11 Zone property owners did not approve the adjustment and that rate is levied without any adjustment. The cost of the preparation of the engineer’s report, completed by an outside firm, is included in the adopted AD 86-1 budget and is then allocated to each zone.
The first step in the assessment levy process is the adoption of a resolution ordering the engineer to prepare the annual report. The purpose of the subject Resolution (Attachment A) is to authorize the filing of the report pursuant to State requirements regarding the services to be funded, the estimated cost of the services, the method or methods of spreading the assessment of costs among benefiting properties, and the actual assessment for each parcel in the district. The tentative schedule (Timeline) for district proceedings is shown in Attachment B.
In an effort to maintain greater control over district expenses, City staff will continue to prepare the annual district budget. The engineering services, which are provided by NBS, include allocating the engineering and assessment collection expenses, preparing the engineer's report and providing the assessment information to the County Auditor. In addition, NBS will provide ongoing administration of the tax roll billing to the assessment district through communications with the County Auditor’s office and taxpayer inquiries.
Approval of the attached Resolution will provide sufficient time to prepare and file the appropriate reports and provide the tax information to the County Auditor by the filing deadline in early August 2023.
NEXT STEPS:
Staff will proceed to prepare the engineering report for Council to review.
FISCAL IMPACT:
The estimated cost for services by NBS, including preparing the Engineer’s report, is approximately $7,400 and is charged as an expense allocated to each Zone. The preparation of the report is an annual requirement in order to continue to collect the assessments.
ATTACHMENTS:
A. Resolution 29-23 L and L District 1986-1 - Order Report B. Orinda_Timeline_2023-2024
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Respectfully Submitted by:
Scott Christie
Public Works Director
Prepared By: Scott Christie, Public Works Director
Approved by:
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
Ordering the Preparation and Filing of )
Report for Levy of Annual Assessments )
For Fiscal Year 2023/24 for Orinda ) Resolution No. 29-23 Street Lighting and Landscaping )
Assessment District No. 1986-1 )
WHEREAS, the City Council of the City of Orinda formed an Assessment District under Part 2 of Division 15 of the Streets & Highways Code (Landscape & Lighting Act of 1972, beginning with Streets & Highways Code, Section 22500); and WHEREAS, the Assessment District was designated as “Orinda Street Lighting and Landscaping Assessment District No. 1986-1”; and
WHEREAS, the improvements of the Assessment District consist of the maintenance or servicing, or both, of existing and future public lighting and landscaping facilities, and the installation or construction of public lighting and landscaping facilities and any facilities appurtenant to them or necessary or convenient for the maintenance or servicing of them, including grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage or electrical facilities; and WHEREAS, it is necessary to undertake proceedings pursuant to Streets & Highways Code, Sections 22620-22631, for the levy and collection of assessments for the Fiscal year 2023/24 within the existing Assessment District; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orinda orders the preparation and filing of a report in accordance with Article 4 (beginning with Streets & Highways Code, Section 22565) of Chapter 1 of the Landscaping and Lighting Act of 1972.
ADOPTED by the City Council of the City of Orinda at a regular meeting of said Council held on April 18, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RECUSED:COUNCILMEMBERS:
Inga Miller, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
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Attachment: Resolution 29-23 L and L District 1986-1 - Order Report (3085 : 1st meeting L&L district)
CITY OF ORINDA
Orinda Street Lighting and Landscape Assessment District No. 1986-1 FY 2023/24 Timeline for Levy of Assessments
Category Action Performed By Due Date Note:
Timeline NBS prepares and delivers the proposed Fiscal Year 2023/24 Timeline NBS February 27 Timeline Agency Staff reviews the proposed timeline and provides comments Agency March 3 Budgets Agency Staff provides the District Budget Agency March 31 Report NBS prepares and delivers the Annual Report NBS April 12Council Meeting Council adopts one resolution: Ordering the Preparation of Annual Report Council April 18 Report Agency Staff reviews the Annual Report and provides comments Agency April 24Report NBS delivers the Annual Report for Agency Staff approval NBS May 3 Council Meeting Council adopts two resolutions: Resolution of Intention and Approving Engineer’s Report Council May 9 Notice Clerk publishes the Resolution Declaring Intent. Notice must be in the local newspaper, not less than 10 days before the Public Hearing Clerk May 26 Publish by May 26th Council Meeting Council conducts the Public Hearing, then adopts the Resolution Confirming the Diagram and the Assessment and Ordering the Levy Council June 6 Resolutions Clerk delivers copies of all approved Resolutions to NBS Clerk July 3 Levy Submittal NBS submits the levy of assessments to the County Auditor/Controller NBS August 2023 G.1.b
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Attachment: Orinda_Timeline_2023-2024 (3085 : 1st meeting L&L district) City Council
Staff Report
Agenda Item: I.1
Date: April 18, 2023
Department:
Supplemental Sales
Tax Oversight
Commission
AGENDA TITLE: Fire Fuels Reduction Incentive Pilot Program Update RECOMMENDATION:
Review, Discuss, Adopt Resolution 27-23 approving the Fuel Reduction Incentive Pilot Program update, and provide direction if needed.
BACKGROUND: On June 21, 2022, the City Council had its initial discussion on a grant-type program to give residents an incentive to remove fire fuels from their property (see Attachment 1). On October 11, 2022, the City Council adopted Resolution No. 53- 22 approving a Fire Fuels Reduction Incentive Pilot Program with Measure R funds. The staff report from that meeting is provided (se Attachment 2). Since the approval made by the City Council on October 11, 2022, City staff has received five submitted applications and approved only two applications that met the program qualification. Of the others, two were outside of the time frame and before the City Council discussed the program for the first time, and the other one was for self-reported time spent by the homeowner which doesn’t comply with the current parameters of the program.
DISCUSSION:
After the heavy January 2023 storms, Staff initially considered the possibility of increasing the scope of the program, for a limited amount of time, to all residents (not just those along evacuation routes) to address recent storm damage such as limbs, down trees and brush before becoming future fire fuels. Ultimately, the Supplemental Sales Tax Oversight Commission (SSTOC) felt due to the small number of applications so far that the program should be expanded to include all eligible work (not just storm damage response) on properties along all fire apparatus roads (not just evacuation routes).
A fire apparatus road is typically defined by the Moraga Orinda Fire Department (MOFD) as “A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access road.” This definition is likely broad enough to include most if not all developed properties in the City.
Thus, the Fire Fuels Reduction Incentive Pilot Program Application (see Attachment 3) has been updated to include (redline) changes and updates on the recommendation of the SSTOC at their March 8, 2023, meeting. Additionally, Staff has prepared an updated Council resolution for the program (see Attachment 4). Just as with the original design of the Pilot Program, although private persons would receive an incidental benefit, the I.1
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Council could reasonably approve this expanded Pilot Program if it determines a public purpose would be served and public benefit would result.
NEXT STEPS: Should the City Council choose to adopt the changes staff will publicize the expanded program and will accept and process grant applications as soon as April 19, 2023, for completed eligible work submittals.
FISCAL IMPACT: The City Council has already appropriated $400,000 in Measure R Funding for the program. As such, funds are available to provide the pilot program until August 2023 or until the funds are exhausted, whichever comes first.
ATTACHMENTS:
A. June 21, 2022 CC Staff Report
B. City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 C. Fire Fuels Reduction Incentive Program Application with Redline D. Resolution 27-23 Fire Fuels Incentive Program.docx
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.a
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Attachment: June 21, 2022 CC Staff Report (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.b
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Attachment: City Council Fire Fuels Reduction Incentive Program Staff Report - Oct 11, 2022 (3072 : Incentive Program Update) I.1.c
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Attachment: Fire Fuels Reduction Incentive Program Application with Redline (3072 : Incentive Program Update) I.1.c
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Attachment: Fire Fuels Reduction Incentive Program Application with Redline (3072 : Incentive Program Update) I.1.d
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Attachment: Resolution 27-23 Fire Fuels Incentive Program.docx (3072 : Incentive Program Update) I.1.d
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Attachment: Resolution 27-23 Fire Fuels Incentive Program.docx (3072 : Incentive Program Update) I.1.d
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Attachment: Resolution 27-23 Fire Fuels Incentive Program.docx (3072 : Incentive Program Update) I.1.d
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Attachment: Resolution 27-23 Fire Fuels Incentive Program.docx (3072 : Incentive Program Update)