Orinda City Council
February 20, 2024

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

IN PERSON, OR VIEW ON ZOOM OR YOUTUBE AS LISTED BELOW
https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:

Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676

CITY COUNCIL
AGENDA
Tuesday, February 20, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 02.20.24
How to follow and/or participate in the meeting:

IN PERSON 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.

WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:

Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments 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
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 02.20.24
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Election Information
E. 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.

F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. February 6, 2024 Special Meeting

2. February 6, 2024 Regular Meeting
F.2. Approve Traffic Order #226 Restricting Parking on Claremont Avenue Recommendation:

Staff recommends that the City Council Adopt Resolution 04-24 establishing regulations on Claremont Ave.

F.3. Award of On-Call Land Development Plan Review Services Contract to Theis Engineering & Associates, Inc.

Recommendation:

Staff recommends that the City Council award On-Call Land Development Plan Review Services Contract to Theis Engineering & Associates, Inc. (TEA) for fiscal years 2023-24 and 2024-2025.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Art in Public Places Committee Annual Report for Calendar Year 2023
City Council
Agenda Page 3 02.20.24
Recommendation:

Staff recommends the City Council review and accept the Annual Report from the Art in Public Places Committee for calendar year 2023.

H.2. Supplemental Sales Tax Oversight Commission (SSTOC) Annual Report
Recommendation:

Review, discuss, and accept the FY 2022-23 SSTOC Annual Report, and provide direction, if any.

H.3. Consider any Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:

Adopt Resolution No. 01-24 adopting the City Council Policies and Procedures Manual
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Saturday, February 24, 2024 at 9:00 AM.

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 City Council
Agenda Page 4 02.20.24
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.

Contra Costa County
Kristin B. Connelly
Clerk- Recorder- Elections
County Clerk-Recorder-Registrar
[email protected]
925.335.7899
D.1
Packet Pg. 5
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly –

ELECTIONS
Registrar of Voters
Primary Statutory Responsibilities Include:
• Conduct elections in a fair, efficient, accurate, and timely manner; • Provide services to maintain a high level of voter registration and to ensure that all eligible citizens can register to vote and are able to exercise their right to vote, according to Federal and State statutory laws and regulations; D.1
Packet Pg. 6
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly –

CLERK-RECORDER
Primary Statutory
Responsibilities Include:
• Accurately maintain, protect, and
preserve official records and indices
relating to real property and
vital records in Contra Costa County
and provide the public with easy,
convenient, and reliable access to
public documents;
• Provide micrographic capability and
equipment to digitize, maintain, and
archive our public records.

D.1
Packet Pg. 7
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – CLERK-RECORDERELECTIONS DEPARTMENT
• The Election Division was
selected as 1 of just 16 jurisdictions
nationwide to be a Center for Election
Excellence.
o The award is bringing nearly $2 million
in grant revenue through the end of 2024.
• Contra Costa Elections also received the
Democracy Award from the National
Association of Election Officials in 2022 for leading
the 11-county Coalition of Bay Area Elections
Officials (bayareavotes.org) for collaborating
to fight mis- and dis-information about elections
in our shared media market.
• We continue to collaborate on new collateral.

Recognized for Excellence
D.1
Packet Pg. 8
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – D.1
Packet Pg. 9
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly –

CONTRA COSTA ELECTIONS

BY THE NUMBERS
• 709,605 registered voters
o 90%-95% of ballots are cast as
Vote-By-Mail (VBM) ballots.
o These get returned split about evenly between
secure drop boxes and USPS.
• We moved to a central count model in 2022.
• We are authorized for just 32 permanent FTEs.
• By contrast, Santa Clara has only 400,000 more
registered voters and they have 90 permanent FTEs.
• The Presidential Primary on March 5, 2024, is first time in the history of California where we will mail every voter a ballot in a partisan presidential primary.
9th Largest County in California
D.1
Packet Pg. 10
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – ORINDA

BY THE NUMBERS
• 15,016 registered voters (2.1% of county)
o 12 precincts serving city voters
• Partisan breakdown of registered voters:
o 56.7% Democratic Party
o 16.6% Republican Party
o 2.9% American Independent Party
o 0.4% Green Party
o 0.8% Libertarian Party
o 0.1% Peace & Freedom Party
o 22.0% No Party Preference
o 0.5% Misc.
• 17 volunteers from Orinda have committed to
help with the Presidential Primary.
• In November 2022, the highest turnout for in-person voting was at Orinda City Hall with 194 voters
on Election Day.

D.1
Packet Pg. 11
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Contra Costa County Elections Division
mailed all NPP voters a postcard in December
that gave instructions on how to request a crossover ballot for American Independent Party, the Democratic Party or the Libertarian Party.

Voters wanting to participate in the Republican,
Green Party or Peace & Freedom Party
Presidential Primary need to re-register with that
party by February 20,2024.

How to get back to us?
Voters can send us their No Party Preference CrossOver Ballot Notice and Application in person or by mail. It can also be sent by email or fax.
• Email: [email protected]
• Fax: (925) 335-7836
D.1
Packet Pg. 12
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Contra Costa County Elections Division
mailed all NPP voters a postcard in December
that gave instructions on how to request a crossover ballot for American Independent Party, the Democratic Party or the Libertarian Party.

Voters wanting to participate in the Republican,
Green Party or Peace & Freedom Party
Presidential Primary need to re-register with that
party by February 20,2024.

How to get back to us?
Voters can send us their No Party Preference CrossOver Ballot Notice and Application in person or by mail. It can also be sent by email or fax.
• Email: [email protected]
• Fax: (925) 335-7836
D.1
Packet Pg. 13
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly –

VOTING EARLY IN ORINDA
24/7 Drop Box Locations
22 Orinda Way
In-Person Voting
Walnut Creek City Hall
1666 North Main Street
Friday March 1 -- 11:00 am – 6:00 pm
Saturday March 2 -- 9:00 am – 3:00 pm
Monday March 4 -- 11:00 am – 6:00 pm
D.1
Packet Pg. 14
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – When is the Next Election?
2024 Presidential Primary Election
E-Day -40
1/25/24
E-Day -29
2/5/24
E-Day -15
2/19/24
E-Day -4
3/1/24
E-Day
3/5/24
E-Day +7
3/12/24
Voter Information Guides mailed
Includes locations of ballot drop boxes and voting sites Ballots mailed to all voters
In-person voting begins in Martinez; drop boxes opened
Last day to register online-If haven’t received your ballot Email [email protected] or phone 925.335.7800
Five early voting sites open
Fri, Sat, Mon, and Election Day
Election Day!
Ballot postmark deadline
Drop-dead
County must receive your ballot
D.1
Packet Pg. 15
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – How Can You Support Elections?
• Communicate with your residents and reinforce important election information.
• For the March Primary, NPP voters need to let us know if they would like a “crossover ballot” that allows them to vote in a partisan primary.
• To participate in the Republican Primary, a resident needs to be registered with the Republican party.
• Encourage high school students to become student poll workers. Invite our staff to speak to your Youth Commission.

D.1
Packet Pg. 16
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – How Can You Support Elections?
• Be an ambassador for registering new voters year-round. • Reinforce safety messages with your local police department. • Support California High School Voter Education Weeks the last two weeks of April and September.
• In 2024, please do what you can to amplify information about the importance of voting. The CA SOS, Dr. Shirley Weber plans to highlight the 60th anniversary of Fannie Lou Hamer’s 1964 speech “I’m so sick and tired of being sick and tired,” to help inspire Californians to vote.
• Check out our Website and follow us on Social Media:

ContraCostaVote.gov
D.1
Packet Pg. 17
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – We’re Easy to Reach!
Follow us on:

Instagram TikTok
QR Code to our Instagram
Social Media:

Twitter – @cocoelections
YouTube – Contra Costa Clerk Recorder
Facebook – Contra Costa County Elections
Instagram – @contra_costa_elections
Tik Tok – @cc.clerkrec.elect
QR Code to our TikTok
D.1
Packet Pg. 18
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – California's Youth Vote
State
2014 Youth Turnout
Rate
2018 Youth Turnout
Rate
2022 Youth Turnout
Rate
Change in Youth
Turnout, 2018-2022
California 10.3% 30.3% 22.1% -8.2
Youth Voter Turnout in Recent Midterm Elections: State by State CIRCLE estimates of youth voter turnout (ages 18-29) in the past three midterm elections. Turnout is the percentage of eligible voters (whether or not they were registered) who cast a ballot.

D.1
Packet Pg. 19
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Five
Steps to
Safer Electio
ns
from the
Committee for
Safe and Secure
Elections
D.1
Packet Pg. 20
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Five
Steps to
Safer Electio
ns
from the
Committee for
Safe and Secure
Elections
D.1
Packet Pg. 21
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – Contra Costa County
Kristin B. Connelly
Clerk- Recorder- Elections
County Clerk-Recorder-Registrar
[email protected]
925.335.7899
D.1
Packet Pg. 22
Communication: Contra Costa County Clerk-Recorder-Registrar Kristin B. Connelly – AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. February 6, 2024 Special Meeting

2. February 6, 2024 Regular Meeting
ATTACHMENTS:

A. City Council Closed Session Minutes of February 6, 2024 B. City Council Minutes of February 6, 2024
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

F.1
Packet Pg. 23
February 6, 2024

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 6:00 p.m. and City Manager Biggs called the roll. All Councilmembers were present.

OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments received.

D. CLOSED SESSION
A.CITY ATTORNEY PERFORMANCE EVALUATION. Pursuant to
Government Code Section 54957, Annual Performance Evaluation of City Attorney Osa Wolff
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.

F. ADJOURNMENT
The meeting adjourned at approximately 7:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
F.1.a
Packet Pg. 24
Attachment: City Council Closed Session Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 1 of 15 02.06.24
FEBRUARY 6, 2024

CITY OF ORINDA

CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. – REGULAR MEETING– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:

Mayor Gee called the Regular Meeting to order at approximately 7:05 p.m.

COUNCILMEMBERS PRESENT: Brandyn Iverson, Inga Miller, Janet Riley Mayor Darlene Gee, Vice Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.

C. ADOPTION OF AGENDA
City Manager Biggs announced that the Council will not need to go back into Closed Session at the end of the meeting.

MOTION by Councilmember Miller, and seconded by Vice Mayor Malkani, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.

D. ITEMS FOR THE GOOD OF THE CITY
D.1. Certificate of Recognition to Orinda Garden Club for Renovation of Plant Areas in Lower Library Plaza
Mayor Gee and Councilmembers recognized the Orinda Garden Club (OGC) for renovation of plant areas in the lower Library Plaza, and Mayor Gee presented a certificate of recognition.

Parks and Recreation Director Todd Trimble introduced Steve Ehrhardt, Facilities and Parks Supervisor who then presented photos of the plaza, and he introduced Lisa Hallihan and Sue Anderson-Berger of the OGC.

Lisa Hallihan, OGC, described the planting renovation project of bulbs, native, droughttolerant, low maintenance and pollinator-friendly species, spoke about future projects.

Sue Anderson-Berger, OGC, described their work to develop of list of plant species to continue using in Orinda to create cohesiveness.

F.1.b
Packet Pg. 25
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 2 of 15 02.06.24
Mayor Gee, Councilmembers, and the City Manager thanked OGC representatives for their work and plans for future projects, and Mayor Gee presented and read the certificate of recognition.

Mayor Gee opened the Public Forum, and there were no speakers.

D.2. Proclamation Recognizing Black History Month in Orinda - February 2024
Mayor Gee presented and read portions of the Proclamation recognizing February as Black History Month in Orinda.

Mayor Gee opened the Public Forum, and there were no speakers.

E. PUBLIC FORUM
Evan Dreyer, Orinda resident, stated on January 14th, 2 men broke through their back door, raided the house in and out less than 5 minutes, and they were caught on camera.

These were professional criminals looking for safes, and they are working with the Police Department. This crime is escalating in the community, recognized the quick police response, and asked for more LPR cameras to be installed, more streetlights, and asked to restrict the Wilder easement area where all 5 houses that have been burglarized in the past are located along the easement.

Mayor Gee thanked Mr. Dreyer for his comments, apologized for the experience, and recognized this is a sentiment throughout the region.

Councilmember Miller referred to the PG&E easement and confirmed the area is the one with power lines located between Wilder and Knickerbocker/Oak Road area, perpendicular to Hwy 24.

City Manager Biggs announced the City has scheduled a Council Public Safety Committee meeting which will be held next Tuesday, February 13th at 4:00 p.m. in the Sarge Room. The Police Chief will also be providing an update on statistics, cameras, etc., which will take place Tuesday of next week. Staff will share this on the Orinda Outlook and social media.

Nick Waranoff referred to his written public forum comment and his request to direct staff to proceed with the decommissioning of the Caltrans site and to pursue the alternative of having the site released under the Governor’s affordable housing surplus property program.

Micki Cronin announced 2 additional public comments were received and submitted to Councilmembers.

F. CONSENT CALENDAR
F.1.b
Packet Pg. 26
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 3 of 15 02.06.24
Mayor Gee stated she received a request for public comment on Item F.1, and Councilmember Iverson requested removal of Item F.2.

Items Removed from the Consent Calendar:

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. January 23, 2024 Regular Meeting
Juliet Don, Vice President, Orinda Chamber of Commerce Board of Directors, asked if the minutes could reflect her role with the Orinda Chamber of Commerce as the Vice President.

Councilmember Miller clarified that when she displayed the pictures of the signs in the Hollywood Hills, they showed they were towing cars versus being ticketed.

Mayor Gee opened the Public Forum, and there were no speakers.

MOTION by Councilmember Riley, and seconded by Councilmember Iverson, to approve Consent Calendar Item F.1.1, as amended. Said motion carried by unanimous (5-0) roll call vote.

F.2. Approve Plans for New Accessible Parking Space in Theater Square District, and Approve Plans for Crosswalk Improvements in Various Locations
Recommendation:

Approve Plans for the following improvements: (1) New accessible parking space on Moraga Way in Theater Square District (2) Two new crosswalks on Glorietta Blvd. (3) Improvements to existing crosswalks on Orinda Way City Manager Biggs introduced the item which he said was a Matters Initiated.

Councilmember Iverson noted she did not have questions regarding handicap spaces.

Her questions pertain to: 1) why the City felt the need to spend money on traffic counts and surveys and third-party consultants; and 2) for staff to provide a brief overview of what the problem was and the solution.

City Engineer Sivakumar Natarajan explained said this related to the stop sign on Irwin Way. At that time, there was a request to review the effects of traffic on Orinda Way and how it relates to pedestrian use of crosswalks. Staff asked an on-call consultant to review the crosswalks. Some stand out well, but some did not based on current standards. The focus was to assess how much the crosswalk is being used and also identify points of improvement, which he described.

F.1.b
Packet Pg. 27
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 4 of 15 02.06.24
He added that a request was received to add a pedestrian pathway on Glorietta which he described as being taken to TSAC. Staff wanted to be sure that those locations warranted a crosswalk so they asked the consultant to review those two locations and they did recommend installing crosswalks on two locations but not one location that was originally reviewed.

Councilmember Iverson questioned best practices and the need to outsource these things. Mr. Natarajan explained that staff can accomplish some work, but the study is done so staff can understand the need and/or justification.

City Manager Biggs added that these types of decisions at times have potential future liability so having an outside firm weigh in provides a level of defense when dealing with pedestrians and accidents.

Councilmember Iverson questioned the merit of spending so much for the work, given the small, two-lane road, and Councilmembers spoke about the City staff not having a licensed in-house Traffic Engineer, recognized potential liability, being informed versus misinformed, how the work comes into play with the TDA grant and that the project was incorporated with the paving project for efficiencies, where the focus of the study was, how Councilmember Iverson will often comment on bike and pedestrian safety, the high costs for road study work, and the City’s work to not over-engineer or over-consult for small safety projects.

Mayor Gee opened the Public Forum, and there were no speakers.

MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to approve Consent Calendar Item F.2. Said motion carried by unanimous (5-0) roll call vote.

G. PUBLIC HEARING – None.

H. POLICY MATTERS
H.1. SSTOC Request for a Community Survey
Recommendation:

Review, discuss, and consider the Supplemental Sales Tax Oversight Commission’s (SSTOC) recommendation: To authorize staff to undertake a professional community survey regarding wildfire prevention and resilience in order to benchmark community members’ knowledge, attitudes, needs, and barriers to implementing defensible space and home hardening retrofits to protect lives, property, and the City. The SSTOC recommends the online/opt-in hybrid approach described in the attached Recommendation from SSTOC. Should the Council agree with the recommendation, an appropriation, from Measure R in the amount needed to undertake the approach should be included as part of the approval.

City Manager Biggs introduced the item and provided a brief background on the matter.

F.1.b
Packet Pg. 28
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 5 of 15 02.06.24
SSTOC Commissioner Rochelle Latimer referred to use of incentive versus citations, said they want the program to be robust, and thinks the challenge is people making behavioral changes. She cited the need for a professional survey regarding wildfire prevention and resilience to make property more fire safe. Over $1 million is being spent annually towards fire prevention and defensible space work and they want to ensure they are using dollars wisely.

They met with professional outside survey consultants and she spoke about the expertise needed by such firms to design surveys properly, use of a variety of communications, the option recommended as a hybrid approach to receive responses through their general communication strategies, supplemented with outreach efforts from a survey from the consulting company.

SSTOC Commissioner Paula Reinman said they want to understand why people think it wildfire prevention is too expensive, that landscaping will not look as nice, or if they do not know who to call and where to start. Outreach is occurring, but many people do not know what services are available, and so they need to understand where, how, and who they need to partner up with to get the word out.

Councilmembers asked about the two firms identified as equipped to conduct this particular type of survey, the number of responses needed to be statistically accurate, the methodology, outreach, and response for Connect Orinda and the downtown, outreach coordinators, and exploration of the least expensive option given the survey cost and using the survey through City channels.

Councilmembers Iverson and Miller voiced non-support of the survey and expenditure of funds, and explained their reasons relating to cost, polling tactics, and behaviors.

Commissioner Reiner stated the request is to obtain proposals from firms so they can speak more to applicability of the survey.

Mayor Gee said there would be staff time incurred to prepare the RFP and asked and confirmed with Mr. Biggs that much of the legwork has been done by the ad-hoc committee and he would guess it would take staff an additional 10 hours. He said normally the City does not issue an RFP unless they intend to proceed and much of this comes out of the SSTOC’s marketing budget. Staff would let the firms know the City has not made a firm decision to proceed and they are still exploring this.

Councilmember Iverson suggested voting on whether the Council wants to conduct a survey, and if there is an interest for an RFP, they could explore that.

F.1.b
Packet Pg. 29
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 6 of 15 02.06.24
Vice Mayor Malkani said she thinks there has been great ideas that focus on low-hanging fruit, community education, block parties, does not think the survey and other items are mutually exclusive. They have two staff members dedicated on this issue solely to execute on that education. This discussion helps her be convinced of the need for the survey. She believes 3 years since the SSTOC formed is a good time to get an assessment and voiced support of the survey and assessment, thinking it is not a large amount relative to the amount spent on Measure R dollars. It would advance their overall education about how to better spend those dollars wisely.

Mayor Gee said what the Vice Mayor said in the interest of time reflects her thinking.

She gave this thought and in some ways, some of the things seem obvious but the reality is that it is a very new area. She thinks some professional assistance in trying to bring the expertise that might draw out things that could help the City better target these resources. She would support the return for a relatively moderate investment.

Councilmember Miller said she does not think the block parties will happen, said a fair was held on Earth Day, and she needs to see some action on fire prevention and action on evacuation and she sees this as further kicking the can down the road.

Councilmember Riley said compromise is coming to her in her mind. She said the request is to vote on a recommendation to get a professional survey as well as which option and general price range. She thinks the compromise would be to consider the smaller survey, putting it through City channels and written up by the professionals.

Mayor Gee said she would only want to do it for the statistical significance to ensure it is reflective.

Vice Mayor Malkani agreed with the statistical significance and the amount of money being projected is $8,000 to $11,500. She thinks they spent at least this on Connect Orinda and the DSP. Councilmember Miller disagreed and said this is the first time the Council would be doing this other than for ballot measures. Vice Mayor Malkani said she would like to see this happen and would strongly see if it could happen with statistically significant information.

Councilmember Riley said she would argue you could make it statistically significant and spent $8,000 to $12,000 less.

Commissioner Latimer said the more people who respond through the City channels makes it less expensive because they will only use the company to ensure they are getting enough. If they were to get enough, this would lessen the cost of the poll survey.

Councilmember Riley stated as a group the Council is divided and is not convinced about doing the survey. Originally, she though it was a good idea but she did not have enough background, especially since the fact the City has not done a survey for this kind of topic and other topics that did not relate to political issues. A ballot issue is completely different, and she announced that because she does not have enough information to vote, she will abstain.

F.1.b
Packet Pg. 30
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 7 of 15 02.06.24
City Attorney Wolff referred to the Policies and Procedures Manual, Section 7.5.

Abstaining from a vote other than due to recusal constitutes a vote with the majority except where there is a tie vote, an abstention constitutes a vote for the motion.

Therefore, the motion carried.

Councilmember Riley said she will therefore vote for the motion.

MOTION by Councilmember Iverson, and seconded by Councilmember Miller, that the City Council not approve the recommended survey. Said motion carried by a (3-2 roll call vote; Malkani and Gee opposed).

H.2. Emergency Communication and Outreach Update Including Report on Siren Systems
Recommendation:

Receive Report, Discuss, and Provide Direction, if Any.

City Manager Biggs stated this was a Matters Initiated by Councilmember Riley, and he provided an overview of the matter. The Council can decide if they wish to discuss it and move it forward, and the Matters Initiated is not a decision to address it. Staff will bring back a high-level report to hold discussion. Since the City is trying to educate the community, staff outlined how the City already outreaches in the event of emergencies, encourage people to sign up for the Community Warning System, Nixle alerts, NextDoor.com, Facebook, and other social media platforms. Police officers will do loudspeaker announcements during the evacuation, as well.

Regarding sirens, the County does not operate a siren system. Sirens are operated privately by the refineries and used if there are emissions requiring people to shelter in place. There are a number of cities looking to doing different types of siren systems, but the emergency management profession shies away from them but newer technology is being embraced. He then spoke about installations in Berkeley’s siren system at $1.6 to $1.8 million in two phases, Paradise’s work to initiate and implement this technology, and Laguna Beach’s siren system and using the City of Berkeley’s vendor. The Kensington Fire Protection District also has discussed deployment and outdoor warning systems, and he provided information in the staff report.

If the Council is interested in pursuing this, this is not in the City’s CIP, Work Plan, and the time to review this is during the mid-cycle budget review, and staff can answer questions.

Vice Mayor Malkani said there was a reference from Kensington on a cost estimate of $150,000. In general, she asked if staff knows how much other communities have spent on a siren system. There was also a reference indicating that FEMA would cover 75% of the cost, so she asked if this is a possibility for federal or state funding.

F.1.b
Packet Pg. 31
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 8 of 15 02.06.24
Mr. Biggs said there is a possibility to pursue and perhaps obtain grants for funding of a system. There would need to be legwork to design a system in order to know what the request would be to be successful in a grant. A planning grant might be able to be requested and staff is constantly monitoring for grants.

Regarding costs, he would likely use the Berkeley example where they are spending just under $150,000 per siren, which is outlined in the report, and it would likely be a $1.5 to $2 million project. Also, if you cannot locate the sirens on existing public facilities, there is additional cost of siting them, building towers, and powering them.

Councilmember Iverson said Berkeley’s indicated it is primarily for people who are already outdoors and that it will not wake people up in the middle of the night. Mr. Biggs said he has not done a lot of research, but they are most effective for that and this is why their placement is so important. Orinda is hillier and he was unsure if sound carries better with hills or not, but that would be part of the design effort.

Councilmember Miller asked if professionals were shying away from sirens and asked about if this was prior to Maui. Mr. Biggs said the emergency management professionals are divided on sirens and the effectiveness of the system. Some efforts in the communities did pre-date Maui and he thinks the technology is evolving.

Councilmember Miller asked where the mid-year budget cycle relative to the CIP. Mr.

Biggs said they review the budget during mid-year and add a year to the CIP.

Vice Mayor Malkani commented that she would want to know more about why there is a divided question as to the effectiveness of sirens and what the pros and cons are, and why so few jurisdictions use them and why County OES does not use them. Mr. Biggs said the sense of it is people do not know what to do if they hear a siren, but was not sure.

Councilmember Riley said the main difference with Berkeley versus Maui are a series of six statements after each of the sirens. She listened to all of them on the Berkeley website and they were effective, which she described. In Maui, they thought of it as a Tsunami, and they didn’t want them to run the wrong way. Mr. Biggs noted the City is pioneering in this area and Orinda is doing more than most cities along with the Fire District to make the community more fire safe through Measure R.

Mayor Gee opened the Public Forum, and there were no speakers.

Councilmember Riley said she is interested in obtaining more information so the City stays on that cutting edge. It might be the right time or not at the mid-cycle budget review, but she voiced support to continue to learn more about this topic.

Councilmember Miller said she supports exploring this and bringing it back at the midyear budget and CIP.

F.1.b
Packet Pg. 32
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 9 of 15 02.06.24
Councilmember Iverson said the reason she was interested in this topic is when looking at the Nixle adoption rate, 14,000 accounts are in the City whose population is 20,000.

This is tremendous and in a crisis, the cell phone networks can get jammed and Nixle messages do not get through. If someone is asleep, they might not get woken up. She thinks anything that is loud enough to wake people up would be great, but she would hate to spend money on dumb sirens when the smart sirens are right around the corner.

She would like to pursue it but not spend a lot of money on smart systems today but when the time is right.

Vice Mayor Malkani said she would like more information done in-house if possible about pros and cons and why only a handful of communities have adopted this. She worries a lot about the lack of electronic communication access being cut off and asked for a more detailed staff report but still somewhat high level.

Councilmember Iverson asked if this could be delegated by the SSTOC. Mr. Biggs said yes, but there is still staff time providing support.

Councilmember Miller suggested setting it up as an SSTOC working committee along with staff support, and Mr. Biggs described sources of information at conferences, events, and workshops, and he suggested they continue to explore this, bring back highlevel information closer to the budget process, and did not think the Council would need to define much more.

Councilmember Miller asked what kind of time would be involved, and Mr. Biggs said the staff report can be shared to the SSTOC. Members are involved in the Firewise network and MOFD, and staff can update and share this report as an information item.

Mayor Gee shared that she is open to hearing more information and thinks this is an evolving area of technology. If they were to get more serious about it, she would want to hear from serious professionals before spending millions of dollars.

Mr. Biggs said staff can keep the item on its list and provide updates.

H.3. Legislative Advocacy Approach Options
Recommendation:

Receive Report, Discuss, and provide Direction, if any.

Mayor Gee said she has raised this item regarding looking for more assistance for the City in a variety of ways.

City Manager Biggs said this came up through a budget process and budget referral by the Mayor. The staff report provides background about how legislative advocacy is done now. He surveyed other cities in the County and the Council has set aside money to possibly do this. Some cities have a federal and state lobbyist, most only have state lobbyists, some do not have them at all and relies on the League of California Cities which Orinda does. They have a separate firm that helps the City write grants and some cities that have legislative advocacy firms help them write grants, as well.

F.1.b
Packet Pg. 33
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 10 of 15 02.06.24
Councilmember Miller said she assumes California Consulting does not act as a lobbyist, and Mr. Biggs said no, they do not. They act as the City’s advocate, which he explained relating to grants.

Councilmember Miller asked and confirmed the $75,000 amount would be a contract with the Legislative Advocacy. Lafayette spends $5,000 or $6,000 a month on the firm they retain.

Councilmember Riley asked why the City has not done this before, as Lafayette has already. Mayor Gee said she thinks Orinda has always been very fiscally responsible and did not feel they had enough money for such activities. She did not think it was beneficial to hire a lobbyist to go to Sacramento and lobby for a city the size of Orinda.

They have limited staff resources, and as they are starting to talk about wildfire particularly and the development of housing the City is faced with, and what her preference would not be a monthly retainer but more of an on-call project assignment usage. She then described the City’s two legislators living in Orinda, being able to tap into more things in terms of a resource base than what people envision as a lobbyist.

Councilmember Iverson noted the Council made this a strategic priority last February and nothing happened and questioned whether they should proceed with one of the firms. She thinks the Council needs to figure out how the City Manager is given his/her projects and who interfaces with them the most. She also wants to see in one year how it went and what was accomplished.

Mayor Gee commented that this takes writing a fairly specialized scope of work to ask for proposals.

Mr. Biggs said while the different firms represent individual cities and compete with each other, they also tend to work together. They will often times be able to help build a coalition where firms begin to use their network. He did not think the City will be reviewing every bill of interest to them but rather rely on the League. But, if something caught their attention, the firm would come before the start of the legislative session and ask what the Council is interested in, they would review the City’s strategic priorities, and they will still work with the League, and may choose more topics to weigh in on.

Mayor Gee noted the time as almost 10:00 p.m., and she suggested extending the meeting to 10:30 p.m.

EXTEND MEETING
MOTION by Councilmember Miller, and seconded by Vice Mayor Malkani, to extend the Council meeting to 10:30 p.m. Said motion carried by unanimous (5-0) roll call vote.

Mayor Gee summarized that the Council wishes to move forward and to direct staff to either work with an ad-hoc of the Council and write an RFP to receive proposals. Mayor Gee thinks staff should inquire with some of the firms that support neighboring cities, as well.

F.1.b
Packet Pg. 34
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 11 of 15 02.06.24
Vice Mayor Malkani mentioned insurance renewals and the need to help solve this horrible crisis.

Mayor Gee agreed and confirmed Mr. Biggs has direction to draft an RFP, share it, and the Council can refine it further. They may ask firms for qualifications that includes their recommendations as to approach.

H.4. Formation of a Limited Duration Council Infrastructure Committee Recommendation:

Approve Formation of a Limited Duration Council Infrastructure Committee to Operate as a Brown Act Body and Appoint Two (2) Members Mayor Gee stated this was a Matters Initiated by herself, and asked whether the Council wishes to move forward to create an ad-hoc infrastructure subcommittee of limited duration. This would operate under the Brown Act to provide for transparency and involvement, and two Councilmembers would need to be appointed if the Council decides the ad-hoc subcommittee should be formed.

Mayor Gee opened the Public Forum.

Bob Finch said it is long past time to treat Orinda roads and drains as part of one unified Citywide system no longer requiring one class of residents to pay taxes for road and drain maintenance and requiring another class of residents to pay for no road or drain maintenance. He likened it to paying school taxes but banning 20% of Orinda residents’ children from attending Orinda public schools in order to avoid building a new school and urged the Council to create the subcommittee.

Bob voiced support of the ad-hoc subcommittee proposed by Mayor Gee. As President of the Canyon View Drive Road Association, he has been responsible for managing the maintenance and repairs on publicly accessible roads, and significant drainage infrastructure that contains large culverts and gutters that are fed millions of gallons of water each winter, concentrated on over 3,000 feet long of public Diablo View Road.

Residents of their private roads have endured the burden of replacing public works structures that the City requires them to maintain for drainage of water, often from public roads and lands above. He cited FEMA support if the City were to take in private roads and drainage. Otherwise, the City will not have the financial support to repair it.

Mayor Gee closed the Public Forum and commented that the Council received a fair number of emails on this topic. She has the longest history of looking at this issue and what they have never spent enough time and energy on is looking at the comprehensive picture and bringing up drainage. She would like to form the subcommittee to open discussions.

F.1.b
Packet Pg. 35
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 12 of 15 02.06.24
She would like to achieve the following in the subcommittee: 1) They have never done a thoroughly professional risk assessment of the drainage situation and do not have comprehensive mapping so she would like to get something from these efforts; 2) The City has spent years in community conversations not being able to expend monies it would take to come up with objective data. She would like to be able to answer some objective questions that have floated around for a decade; and 3) Hold the community conversation of getting a much better sense of what the majority of the community would like to see happen here. Orinda has many original residents and younger families are moving in from all over, and this will be a growing issue.

She suggested she and the Vice Mayor to serve on the subcommittee, and asked if there were other comments.

Councilmember Miller said Joel’s points were interesting and she asked if his three points would be hard to put a price tag on.

Mayor Gee said at some point the City would need to engage a professional consulting firm because this is way beyond staff’s workload capabilities. She asked about GIS mapping, and Mr. Biggs said if the Council would like to do this, the City cannot continue to do this with part-time GIS interns. To map the entirety of storm drain systems would cost at least $500,000. They also look for grant opportunities but this subcommittee could review and prioritize a series of recommendations to the Council.

Mayor Gee said it is very difficult to believe that as a City they do not have full mapping of their drainage system. The City needs professional assistance to map what is there as well as assistance in a risk assessment.

Councilmember Miller asked questions of professional assistance, Brown Act meetings, expenditure of funds, strategic priorities, and staff time. She suggested this return at the mid-year budget cycle so the Council finds out what they will have to trade in on their priorities list. Mr. Biggs said staff does not have a sense of the time and effort the subcommittee would take and there is no surplus staff time dedicated to implementing additional projects so it would mean some delays.

Mayor Gee said her intention of the subcommittee is to provide an opportunity to reengage the public in a way they do not have any other ability to right now.

Mr. Biggs asked if the Council wished to extend the meeting, and Mayor Gee said there is no time constraint on the next agenda item, and she suggested tabling that and to extend the meeting.

EXTEND MEETING
MOTION by Vice Mayor Malkani, and seconded by Councilmember Miller, to extend the Council meeting to 10:45 p.m. Said motion carried by unanimous (5-0) roll call vote.

F.1.b
Packet Pg. 36
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 13 of 15 02.06.24
Councilmember Miller asked if the City Manager will bring back a quantitative assessment at the mid-cycle budget to be able to identify what the Council is trading for this.

Mr. Biggs said the amount of time depends on what the limited-duration committee comes up with. He cannot say if it will be 5 hours a week of staff time or 15 hours. There has been a lot of legwork done on roads already, and the reason they used the mapping is the Council had already given direction to do mapping but the resources went away with COVID. If the subcommittee is formed, if this resulted in each step adding additional work program items, without any additional staffing it would defer other capital projects, evacuation work, and other things, but he cannot quantify that.

Councilmember Miller said she would like to see the $35,000 return in the mid-cycle budget, but she was not sure what she would be trading for the subcommittee. She then described the SSTOC support and 40% of the City Manager’s time devoted to wildfire and evacuation issues.

Mayor Gee said in the interest of time, she asked to move this along. They cannot have any subcommittee or situation where they are not involving some staff time. They can try to minimize this, and the reason why she specifically said this is not intended to be done solely by staff, so at some point, there would need to be other resources. But, she wanted to open it back up which the community wants.

Councilmember Iverson voiced complete support of the subcommittee, agreed resources are limited, and this may take a long time, but they should take on the hard issues. She requested finding ways for the Council to hear about progress regularly.

Councilmember Miller said she is not envisioning the subcommittee reporting to the City Council, and Mayor Gee said it must. Councilmember Iverson said they are just forming an ad-hoc subcommittee to start a process.

Council discussion ensued regarding process, mapping, the suggestion to wait until the mid-year budget review, receipt of public input.

EXTEND MEETING
MOTION by Vice Mayor Malkani, and seconded by Councilmember Riley, to extend the Council meeting until 10:59 p.m. Said motion carried by unanimous (5-0) roll call vote.

Mayor Gee asked if there was a motion. Councilmember Riley suggested a motion to approve the formation, subject to what the function of the subcommittee is so later on someone could state why the Council formed it.

Councilmember Iverson said she is satisfied with the task and made a motion, and Vice Mayor Malkani seconded the motion.

F.1.b
Packet Pg. 37
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 14 of 15 02.06.24
Councilmember Miller commented on why she is voting “no” stating she does not believe this Council has any idea of what they are sacrificing under Item 1. She expects the effect will be dramatic and she thinks it is avoidable by talking about what the subcommittee will and will not do. This way, the City can accomplish wildfire work and roads, which was promised to voters for Measure R.

Mayor Gee said after the subcommittee has had a chance to meet, they can return with a more defined Work Plan.

MOTION by Councilmember Iverson, and seconded by Vice Mayor Malkani, to approve formation of a City Council Ad Hoc Subcommittee of Mayor Gee and Vice Mayor Malkani for a limited duration to operate as a Brown Act body, and to return to the Council with a more defined Work Plan. Said motion carried by roll call vote: (4-1; Miller voted no).

H.5. Consider any Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:

Adopt Resolution No. 01-24 adopting the City Council Policies and Procedures Manual
This item was continued to the next Council meeting.

I. COUNCILMEMBERS’ REPORTS – None.

J. CITY MANAGER’S REPORT – City Manager Biggs reported that on Tuesday, February 13th at 4:00 p.m. there will be an in-person Public Safety Subcommittee meeting of the Council to review police issues in 2023 and other updates in the Sarge Room.

Mayor Gee asked if other Councilmembers can attend if they do not participate, and City Attorney said yes, they can attend and only participate by listening and not engage in the discussion. She confirmed with the Council that the preference is to have it recorded and not have the full Council being able to participate.

City Manager Biggs stated they will have their Wildfire Prevention and Safety Fair scheduled for Saturday, April 20th. Vice Mayor Malkani said this is also Orinda Action Day, so the date may not work. Mayor Gee agreed timing is important.

K. MATTERS INITIATED – None.

L. CLOSED SESSION

1. OPEN SESSION IDENTIFICATION of Closed Session Matters

2. PUBLIC COMMENTS of Closed Session Matters - None

3. CLOSED SESSION

4. REPORT OUT OF CLOSED SESSION – Mayor Gee announced no reportable action was taken earlier in the Closed Session.

F.1.b
Packet Pg. 38
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) Orinda City Council Minutes Page 15 of 15 02.06.24
A. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Attorney Osa Wolff
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 10:57 p.m. to the next Regular Council Meeting on Tuesday, February 20, 2024, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 39
Attachment: City Council Minutes of February 6, 2024 (3306 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: February 20, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Traffic Order #226 Restricting Parking on Claremont Avenue RECOMMENDATION:

Staff recommends that the City Council Adopt Resolution 04-24 establishing regulations on Claremont Ave.

BACKGROUND: The Public Works Department has received requests from residents for new parking restrictions on Claremont Avenue due to safety concerns. Engineering staff hired AMG, a Traffic Engineering Consultant, who conducted a field review of sight distance.

SUMMARY:

AMG identified two zones that warranted parking restrictions on Claremont Avenue. At the first location, at the curve between 35 and 39 Claremont Avenue, it is recommended to paint red curbs to denote no parking any time to avoid any sight distance issues and vehicle conflicts. At the second location, at the Claremont Avenue intersection at Crescent Drive/Berkeley Avenue, it is recommended to paint red curb to denote no parking any time due to the geometry of the intersection and to remove conflicts with vehicles U-turning at this intersection.

Claremont Avenue (Resolution 04-24, Traffic Order #226):
45 feet of red curb alongside curve between 35 and 39 Claremont Avenue and 15 feet of red curb along Claremont Avenue between 1 Crescent Drive and 45 Claremont Avenue.

Residents in the vicinity of the potential parking restrictions were mailed a notification and invited to comment on the issue.

NEXT STEPS: In accordance with Section 10.44.030(A), the City Manager will establish these parking restrictions and install the appropriate signs and striping for enforcement.

Upon approval of the Resolutions/Traffic Orders, these parking restrictions will be permanently installed and included in the Public Works Department’s Traffic Order log.

FISCAL IMPACT: The cost for installing striping/curb painting is not considered material and already included in the Public Works Annual Operating Budget for Sign Maintenance.

ATTACHMENTS:

A. Resolution 04-24 Claremont Ave No Parking TO#226
F.2
Packet Pg. 40
B. Notification Letter
C. Claremont Avenue- Sight Distance Analysis
Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

F.2
Packet Pg. 41

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Establishing Parking Regulations on
Claremont Avenue
)
) Resolution No. 04-24
Traffic Order No. 226
WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; and WHEREAS, Orinda Municipal Code Section 10.04.020(P) authorizes traffic orders to establish parking regulations on street or highways; and WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective; and WHEREAS, the cardinal directions in this resolution are based on a convention which considers Highway 24 an east-west roadway, and Camino Pablo/Moraga Way as northsouth roadways. Claremont Avenue is an east-west roadway; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt and approve the following parameters and traffic orders for Claremont Avenue:

Parking shall be prohibited at all times along the southern side of Claremont Avenue Drive beginning from the western edge of the driveway of 35 Claremont Avenue extending westerly to the property line of 39 Claremont Avenue.

Parking shall be prohibited at all times along the southern side of Claremont Avenue Drive beginning from the property line between 1 Crescent Drive and 45 Claremont Avenue extending easterly 15 feet.

Adopted by the City Council of the City of Orinda at a regular meeting on February 20, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Darlene Gee, Mayor
ATTEST:

Sheri M. Smith, City Clerk
F.2.a
Packet Pg. 42
Attachment: Resolution 04-24 Claremont Ave No Parking TO#226 (3300 : Claremont Avenue Parking Restrictions) City of Orinda ⚫ 22 Orinda Way ⚫Orinda ⚫ California ⚫ 94563 General Information Administration Planning Parks & Recreation Police Public Works (925) 253-4200 (ph) (925) 253-4220 (ph) (925) 253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820 (ph) (925) 253-4231 (ph) (925) 254-9158 (fax) (925) 254-2068 (fax) (925) 253-7719 (fax) (925) 253-7716 (fax) (925) 254-9158 (fax) (925) 253-7699 (fax) City of Orinda
No Parking Zone
Claremont Ave.

A No Parking on a portion of Claremont Avenue request was submitted by residents of the Claremont Neighborhood. A City hired Traffic Engineering consultant conducted a no parking study that resulted in a recommendation to prohibit parking in two sections of Claremont Avenue (See below). Staff is notifying nearby residents which follows past practice established by the Orinda City Council.

Please feel free to contact Kevin McCourt at 925.253.4251 or [email protected] with additional questions or to submit your input for consideration by the City Council. The City Council would welcome your input on this discussion item. The City Council will be considering the No Parking Zone at its public meeting stated below:

CITY COUNCIL MEETING
Tuesday, February 20, 2024 at 7:00 PM
Library Auditorium
26 Orinda Way
The City Council Meeting information will be available 3 days prior to the meeting on the City of Orinda website at:
http://orindaca.iqm2.com/Citizens/Calendar.aspx?View=List F.2.b
Packet Pg. 43
Attachment: Notification Letter (3300 : Claremont Avenue Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
To: City of Orinda
Public Works & Engineering Department
From: Joy Bhattacharya, PE &
Andrea Flores, EIT
Address: 22 Orinda Way
Orinda, California 94563
Email: [email protected] Date: September 28, 2023 Subject: Findings of the Field Review of Sight Distance Concerns at Claremont Avenue Introduction
This brief technical memorandum summarizes the results of Field Review and Evaluation of sight distance concerns prepared by AMG for Claremont Avenue between California Avenue and Crescent Drive/Berkeley Avenue. Exhibit 1 below shows the review area.

The purpose of this Field Review is to evaluate existing sight distance on Claremont Avenue. Given the nature of the roadway, there are concerns that on-street parking causes sight distance issues at various locations throughout the study segment. There are also concerns with maneuverability at the intersection of Claremont Avenue and Crescent Drive/Berkeley Avenue.

Field Review
AMG conducted field observation of the roadway segment to evaluate potential sight distance issues.

Exhibit 2 below shows the existing conditions at the review area.

Exhibit 1: Field Work Evaluation Review Area
F.2.c
Packet Pg. 44
Attachment: Claremont Avenue- Sight Distance Analysis (3300 : Claremont Avenue Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Exhibit 2: Existing Conditions on Claremont Avenue
Red Curb Analysis and Recommendations
After the field work evaluation for sight distance issues was completed, AMG recommends red curb be installed at two locations along Claremont Avenue.

Location #1: Curve along Claremont Avenue
The curve along Claremont Avenue is one of the locations where sight distance issues occur. If vehicles are parked along the curve, vehicles that are driving westbound (uphill) cannot see oncoming vehicles driving eastbound (downhill). To avoid any sight distance issues and potential conflicts between vehicles, AMG recommends 45 feet of red curb between 35 and 39 Claremont Avenue as shown in Exhibit 3.

Red curb is not warranted between 33 and 35 Claremont Avenue due to roadway geometry. At this location, vehicles driving westbound can clearly see oncoming traffic in the eastbound direction. Therefore, they have no sight distance issues and can yield or maneuver to accommodate oncoming vehicles.

F.2.c
Packet Pg. 45
Attachment: Claremont Avenue- Sight Distance Analysis (3300 : Claremont Avenue Parking Restrictions) Advanced Mobility Group | 3003 Oak Rd, Suite 100, Walnut Creek, CA 94597 www.amobility.com
Exhibit 3: Recommended Red Curb Location #1
Location #2: Intersection of Claremont Avenue and Crescent Drive/Berkeley Avenue The intersection of Claremont Avenue and Crescent Drive/Berkely Avenue is the second location where sight distance issues occur. Vehicles driving eastbound on Crescent Drive cannot see vehicles coming from Claremont Avenue when there are vehicles parked adjacent to 45 Claremont Avenue. Similarly, vehicles driving westbound (uphill) on Claremont Avenue cannot see oncoming traffic from Crescent Drive when vehicles are parked alongside Claremont Avenue.

Another concern found at this intersection is maneuverability. Due to the geometry of this intersection, vehicles driving westbound on Claremont Avenue feel that there is enough room to complete a U-turn.

However, if there are vehicles parked on Claremont Avenue near the intersection, vehicles may not be able to complete this maneuver.

To avoid any sight distance issues and to remove potential conflicts with vehicles doing a U-turn at this intersection, AMG recommends 15 feet of red curb between 1 Cresent Drive and 45 Claremont Avenue as shown in Exhibit 4. A red curb is not warranted at other locations between 39 and 45 Claremont Avenue because there are no sight distance issues between oncoming vehicles in either direction.

Exhibit 4: Recommended Red Curb Location #2
Conclusion and Recommendations
The following points are the results and recommendations of the Field Work Evaluation:
• 45 feet of red curb alongside curve between 35 and 39 Claremont Avenue. • 15 feet of red curb along Claremont Avenue between 1 Crescent Drive and 45 Claremont Avenue.

F.2.c
Packet Pg. 46
Attachment: Claremont Avenue- Sight Distance Analysis (3300 : Claremont Avenue Parking Restrictions) City Council
Staff Report
Agenda Item: F.3
Date: February 20, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Award of On-Call Land Development Plan Review Services Contract to Theis Engineering & Associates, Inc.

RECOMMENDATION:

Staff recommends that the City Council award On-Call Land Development Plan Review Services Contract to Theis Engineering & Associates, Inc. (TEA) for fiscal years 2023- 24 and 2024-2025.

BACKGROUND:

Development plan review work by the City’s consultant is performed in conjunction with Planning Department review of applications including subdivisions, commercial building and single family home additions or new construction. The on-call consultant reviews projects from a civil engineering/public works perspective, focusing on grading, drainage, erosion control, “C.3” stormwater treatment and geotechnical issues and the completeness of the application relevant to these areas.

Work will include, but is not limited to the following:
➢ Plan Check Review, including review for application completeness, Tentative and Final Parcel Maps, Soils Reports, Drainage Reports, C.3 Stormwater Treatment Reports as applicable for SB 9 Lot Split, SB 9 Units, and Land Development projects;
➢ Design Review;
➢ Exception Permits;
➢ Subdivisions;
➢ Lot Line Adjustment/Mergers;
➢ Development/Compliance Peer Review;
➢ Map Checking Reviews;
➢ Storm Water Control Plan and Storm Water Pollution Prevention Plan checking; ➢ Correspondence with Applicants to resolve comments;
➢ Attend meetings with the City as needed;
➢ Management of Plan Review Budgets (Deposit Based, Flat Fee, etc.); ➢ Procedural assistance as needed to modify SB9 application forms and to update sections of the subdivision ordinance;
On June 15, 2023, the City issued a request for qualifications (RFQ) to provide on-call land development plan review services for fiscal years 2023-2024 and 2024-2025 with the Possibility to extend the contract for two additional one year terms. The initial contract amount is not to exceed $200,000 with the ability to amend the limit on an as needed basis. The possible extensions would be undertaken at that time as part of the annual budget approval process as an annual contract. The selection of on-call firms F.3
Packet Pg. 47
allows for Staff to initiate services on an as-needed basis, subject to available budget appropriations. In accordance with the City purchasing Ordinance contracts with vendors exceeding $60,000 are to be approved by the City Council.

On July 20, 2023, the City received 8 statements of qualifications (SOQs) in response to the RFQ.

BKF Engineers Walnut Creek, CA
Bureau Veritas North America, Inc. Sacramento, CA
CSG Consultants, Inc. Pleasanton, CA
dk Engineering Walnut Creek, CA
Haley & Aldrich, Inc. Walnut Creek, CA
Ruggeri-Jensen-Azar Pleasanton, CA
Theis Engineering & Associates, Inc. Concord, CA
Wilsey Ham San Mateo, CA
Staff proceeded to evaluate the technical proposals of the firms. Based on qualifications and competence demonstrated in the statement of qualifications, one firm was selected for On-Call Land Development Plan Review Services. Theis Engineering & Associates (TEA) will be utilized to provide civil engineering plan review for new development. CSG Consultants, Inc. (CSG), previously provided these services for the City since August of 2019 and will continue to provide services for projects currently in review, up to CSG’s existing contract limit.

DISCUSSION:

California law requires that selection by a local public agency of private professional services (such as architectural, engineering, environmental, land surveying, or construction project management) shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Local agencies shall not review or negotiate a cost proposal until after the final qualification determination has been made. The contract shall be negotiated with a qualified firm, at a price determined to be fair and reasonable to the local agency. City staff followed this process in the selection of the consulting firms.

Staff recommends that the City award a professional services agreement to TEA.

According to the City of Orinda Purchasing Ordinance, professional service agreements over $60,000 require City Council approval. Note that TEA is currently performing a different scope of work for the City under a separate consultant contract for municipal engineering on-call for Winter Storms 2022-23 emergency damage assistance and consultation as needed to resolve close out of the Wilder Subdivision. TEA has performed exceptionally well in both of these assignments. TEA President Larry Theis and Vice President Jason Chen are both former employees of the City of Orinda which provides them a unique understanding of the expectations specific to the City of Orinda.

In the proposed contract (Attachment B), TEA has provided hourly rates/fees that are valid through June 30, 2025. The agreement provides for a 3.5% rate increase beginning July 1, 2025 for any one-year extension and beginning each fiscal year (July F.3
Packet Pg. 48
1 st) thereafter. Staff has determined the requested rates are generally consistent within the industry. The City Council is requested to authorize the City Manager to execute an agreement as described in this report with TEA.

NEXT STEPS:

Upon award of the on-call services contracts by the City Council to Theis Engineering & Associates, Inc. the City Manager will execute the City standard professional services contract similar to attachment B on behalf of the City, subject to approval as to form by the City Attorney.

FISCAL IMPACT:

The City Master Fee Schedule allows for the collection of fees and charges to offset the majority of consultant costs for development review time. This includes a mix of flat fees as well as direct billable costs for more complex projects. Some of the consulting costs, such as the initial consultant review of City procedures and the ongoing coordination activities (between Planning, Public Works, and the Consultant) are not recovered from fees.

The on-call land development plan review services contract with Theis Engineering & Associates, Inc. will invoice on a time and material basis with a not exceed amount for $200,000 through June 30, 2025, with the option for the City Manager to extend the contract for two additional one year terms. The majority of the cost of these services are recovered from the applicant.

On average, CSG has invoiced $140,000 per year or $11,000/month since August 2019. This includes charges of approximately $55,000 for assisting the City with SB 9 set-up and drafting updates to the Subdivision Ordinance.

ATTACHMENTS:

A. A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule
B. Theis On-Call Land Development Plan Review Services Contract Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Ryan Okane,
Approved by:

F.3
Packet Pg. 49
F.3
Packet Pg. 50
F.3.a
Packet Pg. 51
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 52
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 53
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 54
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 55
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 56
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award F.3.a
Packet Pg. 57
Attachment: A. Theis Proposal: On-Call Land Development Plan Review Services Statement of Qualifications and Rate Schedule (3302 : Award 1 CITY OF ORINDA

SERVICES CONTRACT
Theis Engineering & Associates, Inc (“Provider”) and the City of Orinda (“City”), a municipal corporation, agree as follows. City and Provider are sometimes individually referred to herein as “Party” and collectively as “Parties.”

1. Purpose of Contract.
a. City requires certain special services for the purpose of On-Call Land Development Plan Review Services.
b. Provider is qualified to provide these services and is willing to provide them according to all of the terms of this agreement, including all insurance requirements set forth herein.

2. Duties of Provider.
a. Provider agrees to perform services described in Exhibit A, which is attached to this agreement and incorporated by this reference. Provider agrees to perform these services diligently in accordance with the standards of its profession and to City’s satisfaction.

Provider promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately perform the services described in this agreement.
b. The parties may, from time to time, agree in writing that Provider, for additional compensation, shall perform additional services. c. Provider shall assign only competent personnel to perform services pursuant to this agreement. Provider shall notify City in writing of any changes in Provider’s staff assigned. City may, in its sole discretion, determine that a person assigned to perform services is not performing in accordance with the standards required herein. If the City makes such a determination, Provider shall replace such person immediately.

3. Time of Performance.
a. This agreement shall not be effective and no payments shall be made to Provider until:
(i) City has received satisfactory evidence that Provider has met all of the insurance requirements, and
(ii) All required signatures have been obtained.
b. The effective date of this agreement shall be the date on which the last signature is affixed or on receipt of satisfactory evidence of insurance, whichever is later.

F.3.b
Packet Pg. 58
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 2 c. The services of Provider shall begin no sooner than the effective date and shall continue until all work is approved by City. All work shall be completed no later than June 30, 2025.
d. Time is of the essence for the performance of the services. Provider must have sufficient time, resources, and qualified staff to deliver the services on time, according to any Schedule of Performance specified in Exhibit A.

4. Compensation.
a. City agrees to pay Provider at the rates described in Exhibit A, based on actual costs, not to exceed a maximum contract price of $ 200,000 for satisfactory performance of the services under this agreement.
b. Provider shall bill City on a monthly basis for work done in the preceding month. Provider’s project manager shall review and sign the invoice. The billings shall contain, as a minimum, total hours worked on the project by position, hourly rates, total amount due for the period and a contract payment status summary showing total billed to date compared to total authorized contract amount. In addition, Provider shall describe work that was completed during the monthly billing period both in qualitative terms (e.g., listing project activities) and in quantitative terms (e.g., scope of work completion percentage). City, at its sole discretion, shall evaluate the billing and determine whether or not the amount billed is commensurate with the state of completion of the work. If City determines that the amount billed exceeds the status of completion of either an individual task or the entire project, then City may reduce the amount of the progress payment accordingly.
c. The parties shall agree in writing to any changes in compensation due to changes in Provider’s services prior to performance of those changed services. d. To the extent that Provider’s insurance documentation is not in compliance with the requirements of this agreement and the City Attorney is required to intervene to explain and obtain the proper documentation from Provider’s insurer, the cost of the City Attorney’s services will be deducted from the contract price to which Provider would otherwise be entitled under the terms of this agreement.

5. Provider Status.
a. Provider is an independent contractor and is solely responsible for its acts and omissions. Provider is not City’s agent, employee, partner, joint venture, or representative for any purpose. Provider has no power to incur any debt, obligation, or liability on behalf of City. Provider is solely responsible for the means and methods of performing the services under this agreement and for the persons hired to work under this agreement. Provider shall direct and control its personnel and shall pay all wages, salaries, and other amounts due such personnel in connection with this agreement and as required by law. Provider is responsible for all reports and obligations respecting such personnel. Provider shall pay of all taxes, fees, contributions or charges applicable to the conduct of Provider’s business, and shall provide City with proof of compliance upon request. Provider is not entitled to health benefits, worker’s compensation, or other benefits from the City.

F.3.b
Packet Pg. 59
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 3 b. Provider is solely responsible for the payment of employment taxes incurred under this agreement and any similar federal or state taxes. Provider and any of its employees, agents, and subcontractors shall not have any claim under this agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Provider shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Provider’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Provider. Should any court, arbitrator, or administrative authority, including but not limited to the Internal Revenue Service or the State Employment Development Division, determine that Provider, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Provider agrees to a reduction in amounts payable under this agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this agreement are not greater than they would have been had the determination not been made.

6. Conflict of Interest.

Provider understands that its professional responsibility is solely to City. Provider warrants that it presently has no interest, and will not acquire any direct or indirect interest, that would conflict with its performance of this agreement. Provider shall not employ a person having such an interest in the performance of this agreement.

Provider and its agents or employees working under this agreement shall submit statements of economic interest under the Political Reform Act (Government Code section 81000 et seq.) if requested to do so by City.

7. Work Product, Intellectual Property and Records.
a. Ownership. All documents furnished to Provider by City and all reports or work product (including electronically stored documents) prepared by Provider under this agreement are City’s property and shall be given to City at the completion of Provider’s services without restriction or limitation on use or dissemination by City. Provider grants City a royaltyfree, exclusive and irrevocable license to reproduce, publish and use all original computer programs, writing, sound recordings, pictorial reproductions, diagrams, charts, computations, drawings, and other works of similar nature produced in the course of the performance of this agreement. Provider shall not publish any such material without the prior written consent of City.
b. Right to Use. Provider represents and warrants that it has the legal right to utilize all intellectual property it will utilize in the performance of this agreement. Provider further represents that it shall ensure City has the legal right to utilize all intellectual property involved in and/or resulting from Provider’s performance of this agreement. c. Confidential Information. In the performance of this agreement, Provider may be given access to confidential information owned or controlled by the City, which may F.3.b
Packet Pg. 60
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 4 contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Provider shall hold in confidence all City information provided by City to Provider and use it only to perform this agreement. Provider shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
d. Recordkeeping. Provider shall maintain and make available to City accurate books and accounting records relating to its work under this agreement. Provider will permit City to audit, examine, and make excerpts and transcripts from such books and records, and to make audits of all invoices, materials, payrolls, records, or personnel and other data related to all other matters covered by this agreement, whether funded in whole or in part under this agreement. Provider shall maintain such data and records in an accessible location and condition for a period of not less than three years after final payment under this agreement or until after final audit has been resolved, whichever is later.

8. Assignment; Subcontracts.

Provider’s services are considered unique and personal. Provider shall not assign or transfer its interest or obligation under this agreement without City’s prior written consent.

Provider shall not subcontract its duties under this agreement without City’s prior written consent. Any attempt to do so shall be null and void, and any assignees, subcontractors or transferees shall acquire no right or interest by reason of such attempted assignment, subcontracting or transfer. Any changes related to the financial control or business nature of Provider as a legal entity is considered an assignment of this agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.

9. Licenses.

Provider represents and warrants to City that it has all licenses, permits, qualifications, insurance, and approvals legally required for Provider to practice its profession and/or provide services under this agreement. Provider shall, at its sole cost and expense, keep in effect such licenses, permits, qualifications, insurance, and approvals at all times during the term of this agreement.

10. Insurance Types and Limits.

Provider shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with its performance under this agreement. Coverage shall be at least as broad as:
a. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury and advertising injury, with a limit of no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

F.3.b
Packet Pg. 61
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 5 b. Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto), or if Provider has no owned autos, Code 8 (hired) and 9 (nonowned), with a limit of no less than $1,000,000 per accident for bodily injury and property damage.
c. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. Workers’ Compensation insurance will not be required if Provider furnishes to City a written verification that it has no employees. d. Professional Liability (Errors and Omissions) Insurance appropriate to the Provider’s profession, with a limit of no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Provider maintains higher limits or broader coverage than the minimums shown above, City requires and shall be entitled to coverage for the higher limits or broader coverage maintained by the contractor.

11. Additional Insurance Requirements.

The insurance policies are to contain, or be endorsed to contain, the following provisions:
a. Additional Insured Status: City, its officers, officials, employees, and volunteers are to be covered as insureds on the Automobile Liability policy and on the Commercial General Liability policy.
b. Primary Coverage: For any claims related to this agreement, Provider’s insurance coverage shall be primary insurance as respects City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of the Provider’s insurance and shall not contribute with it.
c. Notice of Cancellation. Provider shall not cancel, assign, or change any policy of insurance required by this agreement or engage in any act or omission that will cause its insurer to cancel any insurance policy required by this agreement except after providing 30 days prior written notice to the City. If an insurance policy required by this agreement is unilaterally cancelled or changed by the insurer, the Provider shall immediately provide written notice to the City and obtain substitute insurance meeting the requirements of this agreement.

Nothing in this subsection relieves Provider of its obligation to at all times maintain all insurance required by this agreement.
d. Waiver of Subrogation: Provider hereby grants to City a waiver of any right to subrogation which any insurer of Provider may acquire against City by virtue of the payment of any loss under such insurance. Provider agrees to obtain any endorsement that may F.3.b
Packet Pg. 62
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 6 be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. e. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by City. City may require Provider to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
f. Acceptability of Insurers: Insurance is to be placed with insurers licensed to do business in the State of California and with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City.
g. Claims Made Policies: If any of the required policies provide coverage on a claims-made basis:
(i) The retroactive date must be shown and must be before the effective date of this agreement or the beginning of work, whichever is earlier.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the of work. (iii) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date/beginning of work. Provider must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
h. Subcontractors: Provider shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. i. Special Risks or Circumstances: City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

12. Verification of Insurance.

Provider shall furnish City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required herein.

Such evidence of insurance shall be attached hereto as Exhibit B and considered an integral part of this agreement, which shall not become effective until satisfactory evidence of insurance has been received by City. All evidence of insurance must be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Provider obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

13. Indemnification.

F.3.b
Packet Pg. 63
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 7 To the fullest extent allowed by law, including but not limited to Civil Code section 2782.8, Provider shall defend, indemnify, and hold harmless City and its officers, employees, agents, and volunteers from and against any and all liability, claims, suits, losses, injuries, damage, demands, expenses, and costs (including, without limitation, attorneys’ fees and expert fees) of every nature, arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Provider’s in the performance of this agreement. Provider shall not be obligated to indemnify City against liability arising from the sole negligence or willful misconduct by City.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Provider from liability under this indemnification and hold harmless clause. The obligations of Provider under this Section 13 will not be limited by the provisions of any workers’ compensation act or similar act.

Provider agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 13 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Provider in the performance of this Agreement.

The provisions of this section survive termination of this agreement.

14. Equal Employment Opportunity.

Provider is an equal opportunity employer and agrees to comply with applicable regulations governing equal employment opportunity. In the performance of this agreement, Provider shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, ethnicity, creed, religion, sex, gender, gender identity, marital status, sexual orientation, national origin, ancestry, age, pregnancy, physical or mental disability, or medical condition, or any other protected classification. Provider shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Provider agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.

15. Compliance with Laws.
a. General Laws. Provider shall comply with all local, state, and federal laws and regulations applicable to this agreement. Provider will promptly notify City of changes in the law or other conditions that may affect the services or Provider’s ability to perform. b. Labor Laws. Provider shall comply with all labor laws applicable to this agreement. If the services include a “public works” component, Provider is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. c. Provider shall keep itself fully informed of and in compliance with all applicable laws affecting its performance under this agreement.

16. Notices.

F.3.b
Packet Pg. 64
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 8 Any notice to be given under this agreement shall be in writing and addressed to the parties as follows:

City
City Manager
City of Orinda
22 Orinda Way
Orinda, CA 94563
Provider
Larry Theis, President Theis
Engineering & Associates, Inc
PO Box 21553
Concord, CA 94521

17. Litigation.

If either party brings an action to enforce this agreement, the prevailing party is entitled to reasonable attorneys’ fees and costs (including, but not limited to, expert witness fees and discovery costs).

18. Waivers.

Waiver of a breach or default under this agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this agreement.

19. Modification.

No waiver, modification or termination of this agreement is valid unless made in writing.

20. Severability.

If any provision of this agreement is held invalid by a court of competent jurisdiction, the remainder of this agreement shall remain in effect to the greatest extent permitted by law.

21. Termination.
a. Termination Without Cause:
(i) At any time and without cause, either party may terminate this agreement by giving 10 days written notice. In the event of such termination without cause, City shall pay Provider for services rendered to date and Provider shall deliver to City any work product, whether complete or incomplete.
(ii) If the City terminates this agreement, the time spent in closing out the services will be compensated up to a maximum of ten percent (10%) of the total funds expended to date in the performance of the services, provided the City so approves in writing. b. Termination For Cause: In the event of Provider’s substantial failure to meet its obligations under this agreement, City may elect to give Provider 10 days written notice F.3.b
Packet Pg. 65
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 9 and an opportunity to cure. If Provider has not cured the defects in its performance within 10 days, City may terminate the agreement for cause. After termination for cause, City shall pay Provider for services satisfactorily rendered to date, and Provider shall deliver to City any work product, whether complete or incomplete.
c. Suspension: City may, at any time, temporarily suspend Provider’s performance, in whole or in part, by giving a written notice of suspension to Provider. If City gives such notice, Provider shall immediately suspend its activities under this agreement as specified.

22. Entire Agreement.

This agreement, together with its attachments, sets forth the entire understanding between the Parties and supersedes any oral or written understanding they may have had prior to the execution of this agreement. No other contract, statement, or promise relating to the subject matter of this agreement shall be valid or binding. If there is any inconsistency between any term, clause, or provision of the main agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main agreement shall prevail and be controlling.

23. Governing Law and Venue.

The formation, interpretation, and performance of this agreement shall be governed by the laws of the State of California. Venue for all litigation relative to the formation, interpretation, and performance of this agreement shall be in Contra Costa County.

24. Authority to Enter Agreement.

Provider has all requisite power and authority to conduct its business and to execute, deliver, and perform the agreement. Each Party warrants that the individuals who have signed this agreement have the legal power, right, and authority to make this agreement and bind each respective Party.

25. Successors and Assigns.

This agreement shall be binding on the successors and assigns of the Parties.

26. Headings and Construction.

Headings appearing herein are descriptive only and for convenience in reference to this agreement. References to Provider include its agents, servants, and employees.

References to City include its officers, employees, agents, and volunteers.

F.3.b
Packet Pg. 66
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 10 City of Orinda
__________________________________
City Manager Date
Attest
___________________________________
City Clerk
Approved as to form
___________________________________
City Attorney
Theis Engineering & Associates, Inc.
__________________________________
Date
__________________________________
Printed Title
__________________________________
Printed Name
Attachments:

Exhibit A – Proposal Documents: Statement of Qualifications and Hourly Rates Exhibit B – Evidence of Insurance: Certificates, Endorsements and Policy Language F.3.b
Packet Pg. 67
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 11 Exhibit A
Proposal Documents: Statement of Qualifications and Hourly Rates (pages attached)
F.3.b
Packet Pg. 68
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review 12 Exhibit B
Evidence of Insurance: Certificates, Endorsements and Policy Language (pages attached)
1576240.1
F.3.b
Packet Pg. 69
Attachment: Theis On-Call Land Development Plan Review Services Contract (3302 : Award of 2024 On-Call Land Development Plan Review City Council
Staff Report
Agenda Item: H.1
Date: February 20, 2024
Department: Parks and Recreation
AGENDA TITLE: Art in Public Places Committee Annual Report for Calendar Year 2023
RECOMMENDATION:

Staff recommends the City Council review and accept the Annual Report from the Art in Public Places Committee for calendar year 2023.

BACKGROUND:

In 2007 the City Council appointed committee members and adopted a policy and the Art in Public Places Program was officially created. Six years later, in 2013, the City Council amended the Art in Public Places (APP) Policy to expand sites for placement of loaned and purchased art, allowing the committee to pursue more artists to meet the demands of the popular, expanding program. The current policy includes amendments that were approved by the City Council on September 4, 2018 and incorporated in Resolution No. 60-18 as well as one approved on March 3, 2020 and incorporated in Resolution 16-20.

DISCUSSION:

The creation of an annual report by the APPC provides the City Council with information highlighting the committee goals and objectives for the calendar year. This offers the City Council an opportunity to review and discuss any concerns they have regarding the APP Program. Attachment A is a report from the Committee outlining their accomplishments in 2023. It also highlights a sample of planned activities for 2024.

Staff recommends that the Art in Public Places Committee’s Annual Report be received and filed, with the intention to discuss a recommendation of amending a section of IX.

Program Maintenance/Limits on Loaned and City-Owned Artwork in the Art in Public Places Committee and Policy during an upcoming City Council Meeting.

It is important to note the artwork numbers identified in the Chair’s Annual Report is slightly different that the two attached spreadsheets. The chairs report covers artwork installed/deinstalled in 2023, and the two spreadsheets account for artwork accepted and in status of being installed in 2024.

NEXT STEPS:

No specific next steps at the time.

FISCAL IMPACT:

None at this time.

H.1
Packet Pg. 70
ATTACHMENTS:

A. APPC Annual Report for 2023
B. Loaned art for Art in Public Places program as of February 2024 C. Owned art for Art in Public Places program as of February 2024 Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Sheena Wellman-Miner, Recreation Supervisor Approved by:

H.1
Packet Pg. 71
1 2023 Report
Date: February 20, 2024
To: Orinda City Council
From: The Art in Public Places Committee
Sub: Annual Report 2023
CC: City Manager, and Director of Parks & Recreation
As set by the approved City of Orinda – Art in Public Places Committee and Policy we submit our seventh annual report.

Accomplishments in 2023
It was a very active year for the ArtSpace Orinda Program. Three new pieces were borrowed from artists who have exhibited with us before. The first Tarabuco, a painted steel sculpture by recently deceased artist William Wareham.

The second is the return of Ursus Redivivus, commonly known as “The Bear”. The third is Dusk Rocket. Four more Colin Selig seating pieces were purchased. We now own all seven.

Tarabuco Ursus Redivivus Dusk Rocket
Public seating by Colin Selig
H.1.a
Packet Pg. 72
Attachment: APPC Annual Report for 2023 (3308 : APPC Annual Report 2023) 2 Two works were returned so we ended the year with a total of 46. These figures do not include the three artworks under the responsibility of the Friends of the Orinda Library.

Appendix A shows the number of city-owned and on-loan artworks installed as of the end of 2023 and their locations. Of the 64 City Council approved sites 46 are occupied. There is ample room to add to the collection for works that meet our criteria.

The total value of loaned art for insurance purposes is $306,000 which is within the $360,000 maximum permitted under policy guidelines.

Goals for 2024
New On-Loan Art
In February we plan to install Gyöngy Laky’s piece, Geometer, and the long-awaited mural by Jos Sances, a Berkeley mural artist working with John Toki.

Jos has applied his many printing skills to ceramic tiles to form a large (9’ x 12’) framed panel to be mounted on the Community Center wall facing the steps leading up to the Heggie Plaza.

Discussions will soon begin with Brian Vancel of Mission Clay for the return of the two painted pipes on display since 2019. Bryan has been a generous supporter of Orinda’s ArtSpace program since its founding. We hope to replace these with other works that meet our criteria. Artist Gyöngy Laky has offered to replace one of her pieces with another and extend the term of another. This will likely be concluded by the end of February.

We wish to adjust the term length of borrowed artwork to reduce staff effort and provide more flexibility with our artists. These proposed APPC policy changes will be submitted to the Council soon.

Our program’s website continues to play the important role in encouraging new artists to consider Orinda and informing the general public about the collection. It is continually being updated. Check it out. https://www.artspaceorinda.org/
Respectfully submitted,
The Orinda Art in Public Places Committee
Rich Thompson, Chairperson
H.1.a
Packet Pg. 73
Attachment: APPC Annual Report for 2023 (3308 : APPC Annual Report 2023) 3 APPENDIX A
Art Placement Sites and Occupancy December 31, 2023
Location
On
loan
City
owned

Total sites
with art
owned
and onloan
installed
Available
approved
sites
Total
approved
sites
Theater area/Mini
Park
2 4 6 0 6
City Hall 4 2 6 1 7
Library plaza 5 3 8 6 14
Library (Inside) 1 0 1 1 2
Library Trellis area 3 1 4 1 5
Library Upper Plaza
(Heggie Plaza)
1 3 4 3 7
Community Center
area
1 6 7 0 7
Orinda Community
Park
1 1 2 0 2
Wilder Sports fields 0 1 1 4 5
Wilder Ranch
House
0 2 2 1 3
Wilder A&G Center 3 1 4 1 5
On loan to Moraga 1 1 0 1
Total 21 25 46 18 64

H.1.a
Packet Pg. 74
Attachment: APPC Annual Report for 2023 (3308 : APPC Annual Report 2023) LOANED PUBLIC ART AS OF FEBRUARY 2024
Artist Name of Work Value Medium Location Org. Agreement Expiration Extension Expiration Notes Anne Weber Almost 16 FOL Cardboard, lacquer Library reading room N/A N/A Artist has loan with FOL, they renew contract when necessary Susannal Israel Master of Ceremonies FOL Terra Cotte Library foyer N/A N/A Artist has loan with FOL, they renew contract when necessary 1 L Joseph Slusky IO $15,000 painted Steel Planning Lobby na In process Donor, Ted Urban2 L Archie Held Negative $40,000 steel Library Plaza Nov‐07 4/21/11 12/31/233 L Kent Roberts (DEC.) Surveillance $10,500 wood, fiberglass, brass, aluminum Library Lobby Jul‐09 10/31/12 In process Donor, Cid Young4 L David Mudgett Face Your Fear $18,000 steel, granite Library Plaza Nov‐15 12/30/16 12/31/235 L Kati Casida Embrace $10,000 painted aluminum Art and Garden Center Mar‐17 11/1/18 In process6 L Joseph Slusky Sentinel $20,000 acrylic lacquer on steel Art and Garden Center Jun‐19 12/31/20 In process7 L Stann Dann California Landscape $25,000 wood Art and Garden Center Mar‐19 12/31/21 12/31/23 Donor, Lynda Dann8 L Sandra Jones Campbell The Proposition $25,000 ceramic, glaze, steel City Hall, upper Nov‐19 12/31/21 12/31/239 L Rimas VisGirda Martha $12,500 terracota, underglaze, glaze Library Plaza Nov‐19 12/31/21 12/31/23 10 L Rue Harrison Whittaker Indigo Animal $5,000 ceramic w/ blue glaze & decorateive mosaic Orinda Community Center Dec‐21 12/31/22 12/31/2311 L Stan Huncilman Rotorama $5,000 painted steel Library terrace Jun‐20 12/31/21 12/31/2312 L Stan Huncilman Rwenzori $5,000 painted steel and fiberglass Library terrace Jun‐20 12/31/21 12/31/2313 L Stan Huncilman Caerus $2,500 welded steel with rust finish Theater District Jun‐20 12/31/21 12/31/2314 L Larry Stefi California Dream $25,000 painted, welded steel Library plaza Feb‐21 12/31/22 12/31/23 Donor, Pam Stefl Toki15 L Gyöngy Laky Silence $12,000 Twigs, cloth, and plastic Library foyer Feb‐22 2/28/24 12/31/202516 L Wes Horn Dusk Rocket $5,600 ceramic tile and cement Library terrace Jul‐22 12/31/2417 L Pam Stefl Toki Shift $4,900 Cardboard, lacquer Library Fountain steps Sep‐22 12/31/2418 L Susannal Israel Anima $12,000 Terra Cotte Theater District, Mechanics Bank Sep‐22 12/31/23 Donor, John Toki19 L Jos Sances La Course Camarguaise or the Death of James Merry $20,000 mural screen printed & painted tile Orinda Community Center, by Library fountain Sep‐23 12/31/202520 L William Wareham Tarabuco sentinmental value only welded and painted steel Theater District Oct‐23 12/31/2025 Donor, Rich Thompson21 L Alex Nolan Ursus Redivivus $45,000 up‐cycled steel mechanical parts Orinda Community Center, park Oct‐23 12/31/202522 L Gyöngy Laky Geometer $7,000 apple and plum wood, copper nails City Hall, upper Feb‐24 12/31/2025 Total Value $325,000
H.1.b
Packet Pg. 75
Attachment: Loaned art for Art in Public Places program as of February 2024 (3308 : APPC Annual Report CITY OWNED ARTWORK AS OF FEBRUARY 2024
Status Artist Name of Work Medium Location Org.

Agrmt.

Purchased Resolution
#
Purchase Amount Additional Notes
OWNED
by FOL Kevin Christison Mother Reading to Child Bronze Community Center Back Courtyard n/a n/a n/a Owned by Friends of Orinda Library 1 OWNED Albert Dicruttalo Truce Bronze, Aluminum Library Plaza Nov‐09 10/18/11 Res 64‐11 Donation ($15,000)2 OWNED Allison McCrady Painting of Orinda Oil City Offices Administration Wing n/a 12/15/09 Res 88‐09 Donation ($5,000)3 OWNED Bruce Johnson Sentinel Redwood/Copper Courtyard between Lib. & Comm. Center n/a 5/6/08 Res 26‐08 Donation4 OWNED Gale Wagner Outta Here Painted Steel Library Fountain Jul‐07 12/18/10 Res 59‐10 $25,000: City contributed $10,0005 OWNED John Toki Springtime Spirit Ceramic Community Center Nov‐07 12/22/10 Res 59‐10 $21,000: City contributed $10,0006 OWNED John Toki Blue Back #2 Ceramic Community Center Nov‐07 7/1/14 Res 23‐14 $20,000: City contributed $10,0007 OWNED Patricia Vader Wheely Whirly Peacock Wood, metal, wheels Library Plaza May‐09 5/29/12 Res 13‐12 $18,000: City contributed $9,0008 OWNED Jeff Downing Signals Ceramic Library Plaza Jul‐07 6/29/13 Res 73‐12 $19,800: City contributed $9,9009 OWNED Danielle Satinover Sound Explosion Steel Balls Library Upper Plaza Nov‐09 2/2/16 Res 07‐16 $5,500: City contributed $2,500 10 OWNED Keith Bush Measure of a Man Steel Adjancent to Heggie Plaza Feb‐10 n/a n/a dontated to Town of Moraga, agreement expires 4/1/2511 OWNED Douglas Heine Fruit of the Aluminum Aluminum burnished/painted Wilder Sports Fields Nov‐11 4/1/16 Res 07‐1612 OWNED Douglas Heine Butterflies Painted Aluminum Orinda Community Park Nov‐11 4/1/16 Res 07‐1613 OWNED Colin Selig Nouveau Victorian Chair repurposed propane tanks Crossroads‐ Adjacent, Bank of the West Aug‐15 4/30/17 Res 12‐1714 OWNED Colin Selig Lips Love Seat repurposed propane tanks Orinda Community Center Aug‐15 4/30/17 Res 12‐1715 OWNED Colin Selig Chaise Cylindrical Love Seat repurposed propane tanks Moraga Wy, Adjacent Morrison Jewelers Aug‐15 4/30/17 Res 12‐1716 OWNED Ivan McLean Sphere Steel Orinda Library ‐ Trellis Jan‐15 1/18/18 Res 101‐17 Donated by Artist ($6,000)17 OWNED Dan Good Chain Piece Steel Ranch House Jan‐15 1/18/18 Res 101‐17 Donated by Artist ($2,000)18 OWNED Albert Dicruttalo Epoch Bronze Lower Level City Hall Nov‐09 8/20/19 Res 44‐19 Donate by Artist ($12,000)19 OWNED Doug Heine Full Circle Aluminum Library Plaza n/a 8/1/22 Res 15‐22 $6,50020 OWNED Robert Holmes Ascending Dancers Bronze Heggie Plaza n/a n/a n/a Donated by owner (TBD)21 OWNED Wes Horn Surfboard Seat Mosaic tile/concrete Moraga Way, across from Nations n/a 8/1/22 Res 15‐22 $2,20022 OWNED Colin Selig Bean Love Seat repurposed propane tanks Wilder Park Ranch House 15‐Jul23 OWNED Colin Selig Chaise Love Seat repurposed propane tanks Theatre Sq. Adjacent to Bank of the West 15‐Jul24 OWNED Colin Selig Low Back Bench repurposed propane tanks Orinda Community Center 15‐Jul25 OWNED Colin Selig Asymmetric Chair repurposed propane tanks Orinda Community Center 15‐Jul 7/27/2023 Res 46‐23 $12,000: City contributed $4,000
$7,500: City contributed $2,500
$12,000: City contributed $4,000
H.1.c
Packet Pg. 76
Attachment: Owned art for Art in Public Places program as of February 2024 (3308 : APPC Annual Report City Council
Staff Report
Agenda Item: H.2
Date: February 20, 2024
Department: City Council
AGENDA TITLE: Supplemental Sales Tax Oversight Commission (SSTOC) Annual Report
RECOMMENDATION:

Review, discuss, and accept the FY 2022-23 SSTOC Annual Report, and provide direction, if any.

BACKGROUND / DISCUSSION:

The SSTOC was established by the City Council to provide advice and oversight regarding revenue generated by the 2020 voter-approved one percent Supplemental Sales Tax (Measure R), particularly regarding efforts in Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Public Roads and Storm Drains. This Annual Report is the third annual report and is intended to address the fiscal year (July 1, 2022 through June 30, 2023). The report also includes a summary of those portions of the Annual Financial Update that are within the purview of the SSTOC.

DUTIES OF THE COMMISSION
The SSTOC Bylaws, dated December 5, 2020, and adopted by Resolution #67-20, indicates that the role of the Commission is to make recommendations and provide advice to the City Council and City Staff, regarding revenue generated from the Voter Approved Sales Tax (Measure R, 2020), as well as remaining revenues from the 2012 ½-cent Supplemental tax, and the Measure J 2014 and Measure L 2016 General Obligation Bond Funds.

The bylaws specify that the priority programs for the SSTOC include:
· Wildfire threats and reduction of fire fuels from public and private property · Disaster planning and emergency response
· Coordination and delivery of the programs funded by the tax · Critical public storm drainage infrastructure
· Long-term road repair and maintenance

REQUIREMENT FOR ANNUAL REPORTS
The Bylaws and Resolution #67-20 call for the SSTOC to provide an annual written report to the City Council. The report is required to include information from the Annual Audit regarding expenditures from the Add-on Supplemental Sales Tax (Measure R, 2020), as well as remaining revenues from the 2012 one-half-cent Supplemental Tax, and from the Measure J 2014 and Measure L 2016 General Obligation Bond Funds. The report is also required to summarize the achievements and plans of the Commission.

H.2
Packet Pg. 77
FISCAL IMPACT:

There is no financial impact associated with receiving this report.

ATTACHMENTS:

A. SSTOC Annual Report for Fiscal Year Ending June 30, 2023 B. SSTOC Annual Report Presentation 2024
Respectfully Submitted by:

Micki Cronin
Senior Management Analyst
Prepared By: Micki Cronin, Senior Management Analyst
Approved by:

H.2
Packet Pg. 78
Supplemental Sales Tax Oversight Commission
Annual Report
for the
Fiscal Year Ending June 30, 2023
H.2.a
Packet Pg. 79
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) Supplemental Sales Tax Oversight Commission
Annual Report for the Fiscal Year Ending June 30, 2023

TABLE OF CONTENTS
I. Introduction ----------------------------------------------------------------------------------------------- 1 II. Background ---------------------------------------------------------------------------------------------- 4 A. Role and Responsibilities of the Supplemental Sales Tax Oversight Commission (SSTOC) B. Overview of Measure R (2020)
C. Collaboration with other Agencies
III. Wildfire Risk Reduction and Emergency Preparedness - Recommendations and Accomplishments ----------------------------------------------------------------------------------------------- 7 A. Initial Recommendations (September, 2021)
B. Updated Recommendations (July, 2023)
IV. Road Repairs and Maintenance - Recommendations and Accomplishments ------------------- 25 A. Recommendations
B. Accomplishments
V. Storm Drain Repairs and Maintenance- Recommendations and Accomplishments ---------- 31 A. Recommendations
B. Accomplishments
VI. Financial Summary ------------------------------------------------------------------------------------------- 37 A. Annual Audit
B. Revenue and Expenses
Appendix A: SSTOC Annual Financial Update for the Fiscal Year Ending June 30, 2023 ----- 47 Appendix B: Summary of Road Repair and Maintenance Plans -------------------------------------- 54 Appendix C: Summary of Storm Drain Repair Plans --------------------------------------------------- 59 H.2.a
Packet Pg. 80
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 1 I. INTRODUCTION
This is the third Annual Report of the Supplemental Sales Tax Oversight Commission (SSTOC). This Report covers the fiscal year from July 1, 2022 through June 30, 2023. The SSTOC was established by the City Council in early 2021 to provide advice and oversight regarding revenue generated by the 2020 voter-approved one percent Supplemental Sales Tax (Measure R), particularly regarding efforts in Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Public Roads and Storm Drains.

The SSTOC was also assigned to be the successor commission to the Citizens Infrastructure Oversight Commission (CIOC). As a result, this document also reports on remaining revenues from the 2012 voter-approved one-half percent Supplemental Sales Tax (Measure L), which the City Council focused on Maintenance/Repair of Public Roads and Storm Drains. The Measure L supplemental sales tax was replaced by Measure R in April 2021.

This report also addresses the most recently completed fiscal year (July 1, 2022 through June 30, 2023) and includes a summary of those portions of the audited Annual Comprehensive Financial Report (ACFR) that are within the purview of the SSTOC. Because the audit is completed approximately six months after the reporting fiscal year closes, the revenue and expenses discussed occurred in the past. To help the reader form a more complete perspective of the City’s efforts and plans to address Wildfire Risk Reduction, Disaster Planning, and Maintenance/Repair of Roads and Storm Drains, this report also includes summaries of relevant historical and upcoming City efforts in those areas.

The City concluded the fiscal year with $4,643,294 in Measure R funds. A total of $883,378 of Measure R funds spent in 2022-2023 was on staffing to support education, outreach, and direct action regarding wildfire risk reduction and emergency preparedness, and on the maintenance of City owned property, to bring the majority of the parcels into compliance with the fire code. A total of $1,671,293 was spent on the 2022 Annual Pavement Rehabilitation Project and $10,645 on the Brookwood right-of-way (ROW) Mitigation effort.

The City concluded the fiscal year with $925,107 in Measure L funds. All of Measure L expenditures for the reporting year ($2,245,544) were for paving, pavement stabilization, and storm drain projects. The remaining Measure L funds will be budgeted through the Capital Improvement Program (CIP) for paving and storm drain projects and are projected to be expended by the end of the 2023-2024 fiscal year.

As is discussed in the last part of Section IV, the great majority of the funds for road and storm drain maintenance/repair has come from several funds other than Measure R, such as the Gas Tax, Solid Waste Provider fees, and Drainage Impact fees. In coming years, however, Measure R funding for H.2.a
Packet Pg. 81
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 2 storm drain maintenance/repair is planned to increase, as discussed in Section IV. Additional details on financial topics can be found in Section IV and V and in Appendices A through C.

While direct action from the City plays a critical role in reducing Orinda's wildfire risk and improving emergency preparedness, real, significant progress relies on actions by City residents, businesses, and property owners. Orinda residents, City of Orinda staff, non-resident property owners, and other interested persons have continued to make important progress in reducing wildfire risk in Orinda and in preparing for emergencies in general. However, a great deal more work is still needed to reduce our overall wildfire risk, because a significant fraction of our City is rated as a Very High Fire Hazard Severity Zone by the California Department of Forestry and Fire Protection (CAL FIRE). As we learn from other communities, it is incumbent on all of us to protect one another by mitigating the risks on our property through annual maintenance as well as periodic (e.g., limbing up trees) or oneoff projects (e.g., removal of juniper within 10 feet of the road or home hardening treatments).

A snapshot of compliance with the current fire code was created in October 2023 by Moraga Orinda Fire Department (MOFD). According to the Fire Marshal’s Fire Prevention Report for October 2023, MOFD had conducted 2,940 inspections year to date. Of those, 874 passed and 2066 failed.

However, most residents corrected their infractions and by the end of October only 98 cases remained open.

H.2.a
Packet Pg. 82
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 3 This report reveals that, while Orinda has nominally accepted the notion that we are at risk for a major wildfire, many residents have not yet personalized the need to take action on their properties. The ongoing outreach and education provided by the City Staff is crucial to create this change in resident and non-resident property owners’ outlook and behavior. The collaboration between City Staff and the various stakeholders in the community has been very good. Orinda has been held as an example of a community that is doing all the right things to create resilience in the face of disasters like wildfire by Ricardo Lara, the Department of Insurance Commissioner. Culture change is difficult but Orinda is on the right track.

While our City has had considerable success in the past several years repairing our public roads and storm drains, we still have many large storm drain pipes at risk of failure, and we need to protect the investment we have made in our roads. We recognize the need for Measure R funds to support this endeavor in the future.

As a result of climate change, we must anticipate weather patterns to be more extreme—meaning severe droughts that may parch the landscape for years, if not decades, as well as intense atmospheric rivers that deluge us with rain, affecting runoff, roads and drains. The City, its residents and stakeholders must act in exceptional ways to adapt to the changing environment—from reducing the risk of wildfire to repairing storm drains and preparing for an emergency evacuation.

We hope that the following pages will give better insight into our recent successes, the work we still have ahead of us, and how voter-approved funding sources can support those efforts.

H.2.a
Packet Pg. 83
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 4 II. BACKGROUND
A. Role and Responsibilities of the Supplemental Sales Tax Oversight Commission (SSTOC)

DUTIES OF THE COMMISSION
The SSTOC Bylaws, dated December 5, 2020 and adopted by Resolution #67-20, indicate:

The primary objectives and purposes of this Commission shall be with respect to revenue generated from the Voter Approved Sales Tax, to make recommendations and provide advice to the City Council and City Staff, regarding the planned expenditures for priority programs, services, and projects; and to review, monitor, and report on the expenditures incurred. The Commission may be assigned oversight responsibilities for other voter approved taxes.

Specifically, the “Voter Approved Sales Tax” refers to Measure R (2020), as well as remaining revenues from the Measure L one-half-cent Supplemental Sales Tax (2012). The SSTOC bylaws specify that the priority programs include:
• Wildfire threats and reduction of fire fuels from public and private property. • Disaster planning and emergency response.
• Coordination and delivery of the programs funded by the tax. • Critical public storm drainage infrastructure.
• Long-term public road repair and maintenance.

As part of the resolution, the Council also re-assigned to the SSTOC the remaining CIOC oversight duties regarding Orinda public road and storm drain programs funded by Voter Approved Sales Tax.

REQUIREMENT FOR ANNUAL REPORTS
The Bylaws and Resolution #67-20 call for the SSTOC to provide an annual written report to the City Council. The report is required to include information from the Annual Audit regarding expenditures from the 2020 Add-on Supplemental Sales Tax (Measure R), as well as remaining revenues from the 2012 one-half-cent Supplemental Tax (Measure L). The report is also required to summarize achievements and plans of the Commission.

H.2.a
Packet Pg. 84
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 5 NEAR-TERM PRIORITIES
At the City Council Meeting of March 2, 2021, the Council received and approved a staff report regarding the roles and priorities for the newly-constituted SSTOC, including a recommendation that the key priority items for SSTOC in the near term should be:
• Implementation of a Chipper Program, to assist with expanded wildfire fuel reduction in the City
• Reduction of fuel loads on publicly owned properties, in order to improve community safety and compliance with regulatory requirements
• Identification of disaster planning needs
• Other wildfire risk reduction and disaster planning needs, as may be identified The Council approved these near-term priorities for the SSTOC because it had previously accepted the 2019 recommendations from the CIOC regarding Road and Storm Drain Maintenance and Repair. These recommendations are outlined in the following Goals Section B.

B. Overview of Measure R (2020)
In 2012, the voters in the City of Orinda approved Measure L, a one-half cent add on sales tax that would last for 10 years, expiring in 2022. The priority focus for the expenditures was the improvement of the public roads and drains.

In November 2020, the voters approved Measure R, a general add-on sales tax that would replace Measure L, increasing the add-on sales tax from one-half cent to one cent; and would provide for its collection for 20 years. The collection of the Measure R tax started April 1, 2021. The City Council appointed the Supplemental Sales Tax Oversight Commission (SSTOC), to make recommendations and review budgets and expenditures, as was called for in the ballot measure.

When Measure R was drafted, the City Council identified several key needs related to critical protection and safety of the general public and private properties. Priorities for the expenditure of the Measure R funds included:
• Wildfire Fuel Reduction / Vegetation Management
• Disaster / Emergency Preparedness
• Storm Drain Improvements to protect against flooding and road collapse • Continued maintenance of public roadways, to protect the investments made in the last 10 years, which included over $50 million directly funded by voter approved tax dollars Measure R Funds were proposed to be used for a combination of both Operating Budget Programs and Capital Improvement Projects.

H.2.a
Packet Pg. 85
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 6 C. Collaboration with other Agencies
Wildfire Risk Reduction and Emergency Planning both require collaboration with nearby or overlapping organizations and agencies. A wildfire is an uncontrollable conflagration which sweeps across the land irrespective of who owns it or is responsible for its maintenance. Reducing the risk of such a disaster requires cooperation and collaboration across many interlocking jurisdictions and agencies.

Major organizations in the Orinda area that are currently active in wildfire risk reduction and emergency preparedness include:

Moraga Orinda Fire District (MOFD)
Contra Costa County Fire Protection District (ConFire)
Lamorinda Community Emergency Response Team (Lamorinda CERT) Diablo Firesafe Council
Orinda Firewise Council (OFC)
City of Lafayette, Town of Moraga, Canyon, City of Berkeley, City of Oakland CalTrans
Contra Costa Transportation Authority
East Bay Municipal Utility District (EBMUD)
East Bay Regional Parks District (EBRPD)
Telephone and wireless providers (AT&T, Verizon, T-Mobile, Sprint, etc.) Pacific Gas and Electric Company (PG&E)
East Bay Hills Regional Wildfire Prevention Coordinating Group (WPCG) In addition to these established organizations, the Orinda Firewise Council has applied for and received nonprofit status to create Fire Safe Moraga Orinda, with an initial grant from the Orinda Community Foundation. The potential for this to be a powerful partner to the City’s wildfire safety work is exciting.

H.2.a
Packet Pg. 86
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 7 III. WILDFIRE RISK REDUCTION AND EMERGENCY PREPAREDNESS Recommendations and Accomplishments
A. INITIAL RECOMMENDATIONS, SEPTEMBER 2021
The recommendations below were created by the SSTOC to launch the City’s efforts to create a strategic plan to reduce the wildfire threat in Orinda. The recommendations were submitted to the City Council September 21, 2021. Considerable progress has been made on quite a few of these recommendations, as described below.

The City of Orinda has been aggressive and effective in its efforts to both educate Orindans about the need for wildfire risk mitigation and to remove significant amounts of fuel. Department of Insurance Commissioner Ricardo Lara requested a visit with the City staff and Firewise leaders to discuss efforts, challenges and successes on May 31, 2023. He expressed admiration and called Orinda a leader in wildfire management.

The SSTOC and its ad-hoc subcommittees continued to meet and actively worked on progress towards the near- and long-term goals below.

NEAR-TERM OR “IMMEDIATE” RECOMMENDATIONS

1. Hire and train an additional dedicated City staff member to provide “boots on the ground” support for wildfire risk reduction, emergency preparedness, and home hardening efforts.

Accomplishments:

The City hired James Duff to be the Wildfire Education and Outreach Coordinator in December 2022 and many near-term outreach achievements have been under his purview.

In addition to direct outreach to Orinda residents, he works with MOFD, CERT, the Orinda schools, other community organizations and regional wildfire and emergency preparedness organizations.

Mr. Duff, Orinda's Education and Outreach Coordinator, and Sr. Management Analyst Micki Cronin form the face of Orinda's team addressing our City's wildfire risk-reduction and emergency planning efforts, as is discussed further below.

2. Provide roadside fuel reduction and vegetation management, particularly along evacuation routes.

Accomplishments:

The City established a pilot incentive program in October 2022. The program offers a matching grant of up to $599 for 50% of qualifying expenses to encourage compliance with H.2.a
Packet Pg. 87
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 8 vegetation standards for the City of Orinda and the Moraga-Orinda Fire District (MOFD). This pilot program is first-come, first-served and began November 1, 2022. It runs until authorized funding of $400,000 is depleted. This program is run in conjunction with the free chipper program managed by Orinda Sr. Management Analyst Micki Cronin.

Subsequently, in February 2023, the SSTOC brought updated Fire Fuels Reimbursement Incentive program recommendations to the City Council, which unanimously approved of the program expansion. The applicable residents were previously only eligible if they were on evacuation routes, but with the language change to ‘fire-apparatus-access-routes,’ the incentive now more closely matches the language used by the Fire District and opens the incentive up to properties within the City’s limits. This expansion led to more than a 1000% increase in approved incentive applications.

Staff with the assistance of Tripepi Smith a marketing, technology, and public affairs consulting services firm designed a marketing campaign to push out Measure-R Chipper Program and fire prevention information. This included the creation of social media posts, videos, flyers, a chipper door hanger, BART banner, and of a wildfire prevention trifold with a direct mail piece to every household address in Orinda.

3. Create a vegetation and structure inventory of City and residential properties in order to utilize novel computer modeling of fire in the Wildland Urban Interface.

Accomplishments:

The SSTOC investigated two options for creating a vegetation and structure inventory for Orinda. In April, 2022, Dr. Radke of UC Berkeley proposed a collaborative project to create a detailed vegetation map to identify hot spots and choke points and a system to annually update vegetation information. The proposal included convening a technical advisory committee, developing an Orinda-wide inventory of vegetation and creating a strategy for 0 20
40 60
80 100
Approved
Applications
Measure R Fire Fuels Reduction Incentive Pilot
Program - - Year to year comparison
FY 21/22 FY 22/23
H.2.a
Packet Pg. 88
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 9 mitigation. The proposed fee was $600,000. The SSTOC ultimately recommended this plan and sent it on to the City Council, where any decision about moving forward was deferred.

In June 2022, Vibrant Planet presented their approach to creating a vegetation map. Their recommendation was that Orinda did not need an urban map; creating a defensible space and home hardening programs were the best approach. However, they pointed out that the open space around Lamorinda was the biggest threat and a vegetation map of that area would be highly useful.

In the meantime, the Alameda/Contra Costa Fine Scale Vegetation Mapping (www.pacificvegmap.org) effort under Cal Fire has been established. The local leaders for this project are East Bay Regional Parks District and Tukman Geospatial. City staff is following this project and Education and Outreach Coordinator James Duff attended their meeting in June 2023. This project is mapping each county in California at a fine scale to reveal exactly what the wildfire threat is across the urban and rural topography. Completion for Contra Costa County is estimated in 2025, with capabilities similar to a portion of the Dr. Radke/UC Berkeley proposal. The datasets will be of immense help to determine the probability of a fire occurring at a specific point during a specified time period and the expected distribution of intensity.

4. Continue to clear city property to comply with MOFD Fire Code, and budget and plan for annual clearance.

Accomplishments:

Orinda Parks and Recreations and Orinda Public Works conducted fire fuels management efforts on city property to comply with MOFD requirements and attempted to achieve benchmarks of best practices for defensible space.

H.2.a
Packet Pg. 89
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 10 The City cleared its property in accordance with the MOFD requirements by June 1, 2023.

In February 2023, City Staff conducted a focused survey of Orinda Oaks Park and Open Space neighbors within 500 feet of the boundary, for fuel mitigation preference between cattle, goats, and mechanical fire fuel management. Afterwards the information was shared with the SSTOC, and staff brought SSTOC recommendation of cattle grazing to City Council at their April 11, 2023 meeting. The City Council chose to do mechanical treatments based on timing and efficiency, as well as the comment by some neighbors in opposition to cattle grazing at the meeting.

The Chipper program continues to grow. City Staff has been operating the Measure R Orinda Chipper since August 2021. In August 2022, Ms. Cronin began using the Fire Aside software system to coordinate signups, schedule the chipper truck and record of monthly usage and information. City staff provides information to the SSTOC at its monthly meetings. In Summer 2023, demand jumped dramatically and additional resources and capacity were required. Staff collaborated with MOFD to use the MOFD chipper for the additional demand.

Overall, the interest in the City chipper service has grown and the service response has been overwhelmingly positive with a 4.8 average rating out of 5 and 340 survey responses.

H.2.a
Packet Pg. 90
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 11 5. Establish an extensive community education and motivational program regarding Wildfire Risk Reduction, Home Hardening, and Emergency Preparedness.

Accomplishments:

The City put on the first Wildfire Prevention and Safety Fair on Earth Day, April 23, 2023 with over a dozen organizations presenting information and solutions to the Orinda Residents in attendance. Some of the participants were, MOFD, EBMUD, PG&E, Contra Costa Sheriff’s Office, Orinda Firewise Council, California Department of Insurance, ZoneHaven, Lamorinda CERT, Contra Costa County Community Warning System (CWS), as well as representatives from local Realtors and Wildfire Preparation vendors like Vulcan Vents and Ladris AI.

Orinda Wildfire Safety and Prevention Festival 2023
H.2.a
Packet Pg. 91
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 12 Senator Glazer of Orinda hosted a town hall event on February 22, 2023, City of Orinda Staff and Staff from Orinda United School District had educational tables set up outside of the Auditorium where the town hall took place.

With the assistance of Tripepi-Smith, City staff created a tri-fold information pamphlet with multiple resources available to residents for wildfire preparation. The pamphlet gave short descriptions of important programs and resources and included a QR code for easy navigation to websites. The goal was to provide the most encompassing list of supportive products and programs in the smallest form factor. This was then included in all in-person outreach efforts once printed and was directly mailed to each individual residence in Orinda.

Also with the help of Tripepi Smith, the City of Orinda has significantly expanded its wildfire prevention and emergency preparedness communications, ensuring the community is engaged and equipped in these areas. From enhancing the City's social media presence to creating print collateral for widespread distribution, Tripepi Smith has been instrumental in promoting Measure R programming and resources through strategic communication. The SSTOC is kept informed of Tripepi Smith's activities and products through monthly reports provided to them at their regular meetings.

In FY 2022-23 Tripepi Smith's support included, but was not limited to, the following:
o Regular Measure R-focused social media content
H.2.a
Packet Pg. 92
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 13 o Monthly dashboard reports highlighting digital engagement o Educational video on removing Invasive Broom
o Article highlighting Orinda's PCI improvements, published by CalCities o Graphic design support, producing key pieces like the Measure R Resources Trifold and At-A-Glance
o Adoption of Orinda's inaugural Wildfire Prevention and Safety Fair Since then, Tripepi Smith has continued to lead a number of key communications efforts related to Measure R. The team has designed a special yard sign to increase utilization of the Chipper service, created a series of ads for The Orinda News and Lamorinda Weekly, drafted an article on evacuation FAQs, and continued to provide social media support and metrics.

As a result of this dedicated outreach, the City has seen a growth in audience across social media platforms (see Table III-1 and III-2 below), increased utilization of Measure R programs, and heightened awareness of the City's valuable emergency preparedness work.

Table III-1. Orinda Social Media Summary
Cross-Network Profiles Audience Net
Audience
Growth
Published
Posts
Impressions Engagements Engagement Rate
(per Impression)
Video
Views
Summary: 7/1/22-6/30/23 4,324 405 567 255,658 10,728 4.2% 3,123 Increase/(Decrease) 10.3% 52.8% 54.9% 91.6% 170.7% 41.3% -40.7% Past Summary: 7/1/21-6/30/22 3,919 265 366 133,404 3,963 3.0% 5,265 Individual Profiles 7/1/22-6/30/23
Twitter/X "@CityofOrinda" 2,612 14 176 23,255 597 2.6% - Instagram "cityoforinda" 1,428 282 183 95,064 1,748 1.8% 3,024 Facebook/Meta "City of Orinda" 284 109 208 137,339 8,383 6.1% 99 Totals 4,324 405 567 255,658 10,728 3.5% 3,123
H.2.a
Packet Pg. 93
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 14 Table III-2. Orinda Paid Social Media Performance Summary CPM = cost per impression; CPE = cost per engagement; CPC = cost per click Staff provided an information booth for residents monthly at the Orinda Farmer’s Market, where residents were able to access printed information, and engage, learn, and give voice to wildfire preparedness and mitigation. This monthly event grew out of an outreach campaign to boost awareness of the first Wildfire Prevention and Safety Fair, where staff were at the Orinda Farmers Market every Saturday five weeks prior to the event starting on March 18, 2023.

Staff participated in the May 2023 MOFD open house in Station 45 in Orinda. Having staff present to help people understand the programs the City had to support the efforts of MOFD was well received.

Members of the SSTOC joined Orinda staff in hosting an information booth at the Orinda Garden Club Sale in mid-April. It was helpful to be able to promote the ways in which the City and Measure R could contribute to the management of Defensible-Space in an area where people were considering what to plant in their yards and gardens.

Staff supported the newly formed Moraga-Orinda Firewise Network and the Fire Adapted Community Ambassadors program at the Orinda-Moraga-Pool-Association swim meet the last weekend of July. This was the group’s first attempt at tabling at this event, and while Total Spend
ImpressionsCPM EngagementsCPE Clicks CPC
All Networks $717.76 72,162 $9.95 2,268 $0.32 1,735 $0.41 Increase/(Decrease)
from prior 12 months 2.7% -7.0% 10.4% -55.4% 130.4% -15.3% 21.2% H.2.a
Packet Pg. 94
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 15 hopes were high, and goals might have been too ambitious, many good lessons learned were taken away.

Sr. Management Analyst, Ms. Cronin promoted the Contra Costa’s Measure X program for fire fuel reduction and helped in soliciting this funding for the Orindawoods community.

Orindawoods HOA applied for and received a significant grant award. This engagement led to greater discussions and relationship building between Contra Costa County Fire District staff who manage the Measure X fire mitigation programs, and City staff.

A difficult demographic to reach in Orinda is that of families. To that end, Staff has reached out to the schools with the idea that students will bring home the information and passion to harden homes and create defensible spaces. City Staff participated in the organization of the Miramonte Photography Challenge and the outstanding students were recognized at a City Council meeting in the spring of 2023. The goal was to create a library of images for the City’s social media channels and provided an opportunity to conduct outreach about wildfire. This also resulted in Staff invitations to participate at Miramonte tabling events regarding emergency preparedness and wildfire safety.

Photo categories:

1. January- Iconic Orinda: Structures, landscapes, your view of the city

2. February- Infrastructure: Waterways, roads, storm drains

3. March- Wildfire Visual Dictionary: Help Orinda learn to speak Wildfire

4. April- Lively City: Events, Sports, Farmers Market, Food Trucks, things to do H.2.a
Packet Pg. 95
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 16 Select photographs from the Miramonte Photography Challenge

Orinda Theater Sunset – Rashi Haldar Rainy Leaf – R. Thompson Colorful – Max Langs
City staff participated in the 4th-of-July Parade and community park activities. City Manager Biggs drove the Measure-R Chipper Truck promoting city efforts for fire fuels mitigation, outreach, and education. City Staff manned a table at the Farmers Market monthly (SSTOC Commissioners occasionally attended too) and every weekend for six weeks running up to the Orinda Wildfire Prevention and Safety Fair.

H.2.a
Packet Pg. 96
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 17 In an effort to make the City’s programs and information more accessible, Sr. Management Analyst Cronin undertook an effort to refresh the website and take advantage of newer web design features and establishing an Emergency Preparedness landing page. The website is now dynamic for mobile devices allowing users to have an interface that comports better with smaller screens, as well as included pronounced links to help users navigate the website more intuitively.

Orinda Police Department hosted a National-Night-Out event at City Hall on August 1, 2023, to boost support for community watch programs. City Staff in collaboration with MoragaOrinda Firewise Network also manned a table for promoting NFPA Firewise USA in conjunction with neighborhood watches. City Staff promoted programs related to Measure R specifically the Orinda Chipper and the Fire Fuel Mitigation Incentive Program.

6. Define police and other emergency staff required to assist the public during evacuations and assure adequate staffing levels will be available.

Accomplishments:

The Lamorinda Virtual Evacuation Drill took place on Saturday, September 30, 2023 (while outside the term of this report, planning was accomplished within the report term). 500 citizen surveys provided valuable insights as to where improvements in the Zonehaven system can be made. MOFD staff highlighted positive outcomes, particularly in the law enforcement and fire collaboration at the debrief discussion.

The City Council approved Red Flag Day Parking Restrictions for the Miner Road Area and started signage installation. This program is described in Item 9, below.

City Staff is continuing to work on Contra Flow notification-and-operating-plans for Miner Road and installed the signs for rapid deployment of traffic pattern adjustment. The goal of this program is to increase the capacity of one of Orinda’s more vulnerable road systems when necessary, to better handle the flow of evacuation traffic. In an emergency, Miner Road will become a one‐way contraflow road from Lombardy Lane to Camino Pablo.

On December 2, 2023, City staff conducted a Contraflow Exercise with the City Manager’s Office, Police, Public Works, and MOFD. The drill included a mock activation of the Emergency Operations Center (EOC), as well as testing of the new operating procedures for Public Works to deploy traffic direction installations and signs and to operate the new Contraflow signage. Planning was accomplished within this report term.

On October 19, 2023, the City used the Lamorinda Great ShakeOut drill to test emergency communications systems. Orinda City Staff also set up the Emergency Operations Center (EOC) at City Hall. Partners for this exercise were MOFD, Town of Moraga, City of Orinda, H.2.a
Packet Pg. 97
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 18 Orinda Unified School District, Moraga School District, Miramonte High School, Lamorinda Area Radio Interest Group, and Lamorinda Community Emergency Response Teams.

Planning was accomplished within this report term.

On March 15, 2022, the City Council authorized the preparation of an Evacuation Route Analysis as part of the Safety Element to provide a deeper analysis of emergency scenarios and evacuation roadways. The evacuation analysis was conducted in compliance with AB 747 which requires jurisdictions to identify and evaluate the capacity, safety, and viability of evacuation routes under potential emergency scenarios. While AB 747 requires evacuation analyses to be completed as part as a Local Hazards Mitigation Plan (LHMP) update, the expanded evacuation analysis was added to the Safety Element based on community interest in emergency preparedness and evacuation. The evacuation analysis evaluates three wildfire scenarios as well as potential landslide risk along possible evacuation routes. The City Council adopted the Safety Element on January 31, 2023.

7. Publicize the existing chipper program and explore implementation of a gridded program.

Accomplishments:

The chipper program continued to be well utilized during the fiscal year. City Staff acquired license to use the Fire Aside software system in August 2023. The system allows scheduling, collecting and reporting of chipper visits, debris photos, and vegetation removal data, which is reported monthly to the SSTOC. Chipper demand jumped dramatically during summer and fall 2023, and additional resources and capacity were required. Staff collaborated with MOFD to use their chipper for the additional demand during Summer 2023.

Overall, the interest in the City chipper service has grown and the service response has been overwhelmingly positive with a 4.8 average rating out of 5 and 340 survey responses.

Outreach has been through social media, print and email publications of Orinda Outlook, and tabling at the Orinda Farmers Market and flyers.

8. Explore alternate funding to incentivize residents to achieve fuel reduction, home hardening, and emergency preparedness.

Accomplishments:

In an effort to support MOFD, the City partnered with MOFD in a successful request for funding from Representative Bauer-Kahan for a grant of $800,000 to create a three-year pilot program to fund two additional inspectors to serve Orinda and Moraga. The inspectors are being supervised by MOFD.

The City has engaged California Consulting to research and apply for grants that would support Orinda's various programs. Submitted grant applications regarding wildfire risk reduction include:

H.2.a
Packet Pg. 98
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 19 o California Governor’s Office of Emergency Services Hazardous Mitigation Grant Program (HMGP) $568,360 (August 2022)
o Metropolitan Transportation Commission ATP, $348,684; City Hall emergency generator project (August 2022)
o USDA Forest Service Community Wildfire Defense Grant
▪ Project 1: Wildfire Education and Outreach Program $551,545 (October 2022)
▪ Project 2: Strategic Wildfire Planning $618,009 (October 2022) Also, City staff and California Consulting have been assisting Fire Safe Moraga Orinda (FSMO) in drafting grant proposals and providing advice in areas where the FSMO mission and City objectives align. For example, they assisted FSMO in submitting a grant application for the USDA Community Wildfire Defense Grant by the extended deadline of November 4, 2023.

One application (submitted on November 3rd, 2023 in the amount of $1,850,000) is pending with the USDA Forest Service. The second application (submitted on January 10, 2024 in the amount of $333,000) is pending with Cal Fire. In both cases, groups of residents (typically a cluster of at least 8 dwelling units) could request funding allocations from FSMO on a 50/50% cost-share basis.

9. Expand the pilot program for NO PARKING on red flag days.

Accomplishments
The City continues to expand proactive evacuation measures, such as expanding the streets impacted by the limit of street parking on Red Flag Days (days when wind and humidity levels enable extreme wildfire behavior). This work includes a project to restrict stopping and parking during Red Flag Warning Days along portions of evacuation routes within Very High Fire Hazard Severity Zones in Orinda. This project includes the following street segments:
• Monte Vista Road from Camino Pablo to Monte Vista Ridge Road • Claremont Ave from Camino Pablo to the second western Holly Lane intersection • Manzanita Drive from Camino Pablo to Bobolink Road
• The entire length of Vista Del Mar
• Miner Road from Camino Pablo to Ranch Road (addressed in resolution 65-23) • The eastern portion of Camino Don Miguel from Miner Road to Vista del Mar • The western leg of Sleepy Hollow Lane from Lombardy Lane to the Normandy Lane and Washington Lane intersection
• Lombardy Lane from Miner Road to Tarry Lane
• Dalewood Drive from Lombardy Lane to Sundown Terrace
• Honey Hill Road from Miner Road to Charles Hill Road
• Charles Hill Road from Honey Hill Road to El Nido Ranch Road H.2.a
Packet Pg. 99
Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 20 • Sundown Terrace from Happy Valley Toad to Silver Oak Terrace

LONG-TERM OR MULTI-YEAR RECOMMENDATIONS

1. Long-term strategic plan. The City should develop a matrix for success which includes periodic goals for residential compliance, a vegetation maintenance schedule and improved emergency preparedness.

Accomplishments:

The City has not yet developed a long-term strategic plan for wildfire mitigation in Orinda.

However, the near-term and long-term goals developed by the SSTOC and City staff are a working document that will serve in the meantime. These goals are continually refined as SSTOC City Staff continue to learn, collaborate with other agencies, and become educated.

When the Pacific Vegetation Map1is completed for our area, this may become a core tool for creating a strategic plan.

2. Enhance relations with agencies with overlapping interests, such as EBMUD, PG&E, East Bay Regional Parks, and CalTrans.

Accomplishments:

In March of 2023, Education and Outreach Coordinator, James Duff, attended the International Association of Fire Chiefs annual Wildland-Urban Interface (WUI) Conference in Reno, NV. During this event, Staff were able to build connections to other areas that are working in the same vein as Orinda towards more fire resilient communities and learn about cutting edge technologies and services that could potentially be of use to the City.

Staff continue to participate with local working groups developed by the Diablo Firesafe Council and Fire Adapted Communities Learning Network, West Contra Costa Firesafe, Contra Costa Resource Conservation District, as well as other initiatives locally.

3. Educate landscapers, nurseries, and garden centers regarding Orinda regulations, standards and best practices.

Accomplishments:

City staff worked with the local garden club to establish a relationship. Staff gave handouts and information for the garden club to disperse at their April 15th plant sale. In March 2023, Orinda Sr. Management Analyst Micki Cronin met with the UC Master Gardener Sue Anderson for help with creating links and resources for a possible community plant list and landscape placement suggestions. This resulted in new links added to the Emergency Preparedness webpage for defensible space in Zones 0 through 2. 1 Presently in development by Pacific Veg Map. with support from Cal Fire H.2.a
Packet Pg. 100 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 21 4. Continue to update City Ordinances to reflect MOFD’s continuing efforts to strengthen the Fire Code and Building Code.

Accomplishments
In January 2023, the City Council adopted the 2022 California Building Code, parts of which include fire resistive construction requirements for new, altered or additions-to buildings (Ordinance 23-01).

In March 2023, the City Council adopted Ordinance 23-03, which covers MOFD’s amendments and modifications to the California Fire Code, affecting properties and structures in Orinda. The Codes describe significant changes to fire-resistive construction for buildings in Wildland-Urban Interface (WUI) and Very High Fire Severity Zone areas.

5. Develop and implement a plan to help Orinda homeowners maintain affordable fire and hazard insurance.

Accomplishments
City Staff interfaced with State Insurance Commissioner and their office. However, the insurance industry is struggling to identify relationships for insurance coverage in California.

6. Develop and adopt an environmental plan to address climate change locally.

Accomplishments:

In January 2023 Orinda City Council adopted the final version of a climate change vulnerability assessment report in conformance with State of California requirements to assess and address the City’s climate change vulnerability, adaptive capacity, and resilience as part of the General Plan Safety Element Update.

B. UPDATED RECOMMENDATIONS, JULY 2023
In its March 9, 2023 meeting, the SSTOC created an ad-hoc subcommittee to review the existing goals and recommendations, and to create an updated set of recommendations. This subcommittee consisted of Commissioners Light and Weinstein, and supported by Education and Outreach Coordinator James Duff. The new recommendations, listed below, were approved by the full commission and were submitted to the City Council in the Council's July 11, 2023 meeting.

SHORT TERM RECOMMENDATIONS (Calendar 2023)

1. Provide roadside fuel reduction and vegetation assistance, particularly along evacuation routes.
• Create a lay person’s guide to MOFD fire code which included examples of both text and graphic/pictorial elements.

H.2.a
Packet Pg. 101 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 22 • Investigate appropriate street markings and evacuation route striping. An example for such signage can be found at:
https://www.alamy.com/blue-tsunami-evacuation-route-road-sign-on-the-asphalthighway-101-oregon-usa-image211119860.html • Explore possibility of engaging community groups (like the PTA, Rotary, girl/boy scouts, Garden Club, etc.) to help support or organize volunteer opportunities. • Ensure that homeowners have direct access to funds through incentive programming or other means.

2. Continue to clear city property to comply with MOFD Fire Code, and budget and plan for annual clearance using best management practices.
• Identify spots to serve as examples with signage to help people understand what is being presented. For example, placing signs where a property has been abated that advertise both the finished look as well as the free chipper program.

3. Create a framework for how to conduct community education and motivational programs regarding wildfire risk reduction, home hardening and emergency preparedness. • This would include metrics where possible and strategic directives.

4. Implement programs of the Orinda Safety Element to publicize evacuation resource sand publicize roles and responsibilities during an evacuation. • Expand awareness of evacuation procedures and public outreach to support knowledge of plans.
5 Continue to publicize the existing chipper program and promote Chipping-Days in each of the five gridded zones. Continue to explore and evaluate innovative, new ways to increase chipper usage, collaborating with the Orinda Firewise Council and other organizations and agencies.

6. Continue to explore alternate funding to incentivize residents to achieve fuel reduction, home hardening, and emergency preparedness.

7. Investigate efficient modalities for education and engagement. • For example: promote monthly webinars and events on key topics, including home insurance, home hardening, landscaping. Reach out to local partners to create community synergy and avoid duplicating existing products.

8. At the completion of the Fire-Fuels-Reduction-Incentive-Program pilot, conduct an evaluation of successes and areas of improvement.

H.2.a
Packet Pg. 102 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 23 MULTI-YEAR RECOMMENDATIONS (Through 2025)

1. The City should develop a matrix for success which includes periodic goals for residential compliance, a vegetation maintenance schedule and improved emergency preparedness. • Create and document efforts and areas of improvement. • Define objectives and path to success.

2. Provide technical and logistical support to the Orinda Firewise Council (OFC) in their aim to increase the number of Firewise Neighborhoods.
• Create and document efforts and areas of improvement. Identify areas that are outside of current Firewise neighborhoods but geographically ideal for a Firewise neighborhood due to topography and community make-up.
• Support efforts of OFC to make neighbors aware of the location of existing Firewise Neighborhoods.
• Publicize and promote current legislation and legislative proposals that encourage participation in Firewise or fire adapted community programs.

3. Encourage property owners to have Wildfire Readiness Evaluations through MOFD’s Fire Adapted Communities Ambassadors program and/or other programs as they are developed.

4. Evaluate chipper usage and adapt the program to better meet the needs and opportunities available in the Orinda community. Partner and collaborate with Orinda Firewise Council and MOFD to make the chipper program more efficient.
• Let homeowners know that help is available before inspections, including the incentive program and the chipper program.

5. Enhance relations with agencies with overlapping interests, such as EBMUD, PG&E, East Bay Regional Parks, and Caltrans. Ongoing.

6. Educate landscapers, nurseries, and garden centers regarding Orinda regulations, standards, and best practices.
• An example might be a vendor symposium.
• Establish goals by end of fiscal 22/23 and begin outreach at start of FY 23/24.

7. Continue to update City Ordinances to reflect MOFD’s continuing efforts to strengthen the Fire Code and Building Code.

H.2.a
Packet Pg. 103 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 24 8. Build a framework for partnering with groups and organizations that have strong community ties with particular focus on schools, which are the best vehicles for reaching the young family demographic. This demographic is the most challenging and requires special attention.
• Dovetail outreach with the curricula; reach out to school clubs, etc. • Set objectives for school outreach in partnership through the 2 x 2 and including school board member(s).

9. Identify and recommend new technologies and tools for vegetation mapping.

The Commission may opt to make specific recommendations from the list above to the City Council, as a part of the budget mid-cycle review process in June of 2024.

H.2.a
Packet Pg. 104 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 25 IV. ROAD REPAIRS AND MAINTENANCE
A. RECOMMENDATIONS REGARDING ROAD REPAIRS AND MAINTENANCE In creating the SSTOC, the City Council directed the SSTOC to focus primarily on Wildfire Risk Mitigation and Emergency Preparedness for its initial few years. As a result, the Commission has not discussed updates to the goals/objectives listed below for Road and Storm Drain Maintenance that were defined by the CIOC in 2019.

The City of Orinda has approximately 93 miles of paved, publicly-maintained roads. In the 2019 Road and Drainage Repairs Plan, the CIOC recommended the following road-maintenance objective:

Complete the repair of the public roads, then maintain these recently- repaired roads at the level we have achieved, using recommendations from the StreetSaver program as a guide, to minimize the long-term cost of maintenance.

The CIOC recommended that this objective would be realized by:

1. Using existing funding to complete the repair of the public Residential roads by the end of calendar year 2021.
• NOTE: All public residential roads have now been repaired. Oak Flat Rd was the last to be completed. Paving had been postponed, to allow Central Sand and EBMUD to complete their work before final paving work.

2. Using existing funding to complete the repair of the public Arterials and Collectors by the end of calendar year 2023.
• NOTE: Bear Creek Road, from Camino Pablo to the north City Limit at Briones Open Space, and segments of Happy Valley Road, Miner Road, and Tara Road were completed in calendar year 2023.

3. By 2023, extending the current one-half cent add-on sales tax or developing an alternative source of funding yielding the same continuing revenue. • NOTE: This was accomplished through the passage of Measure R.

4. Every four years, evaluating whether growth in existing revenue sources is adequate to achieve our objective, and if not, developing additional funding sources to fill the gap. • NOTE: This will continue to be an ongoing goal. Measure R funds will fill some of these needs, but Staff continues to investigate grants and other funding sources, to H.2.a
Packet Pg. 105 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 26 reduce need for Measure R funds.

5. Since funding needs are unlikely to be constant from year to year, the City should set aside in reserves any funding available in any given year but not required to meet current requirements.
• NOTE: This is an ongoing part of the City’s overall financial management plans. The CIP process is a key element of this process. This is also addressed through the design process, by selecting roads each year that meet the City’s budget.

6. Continuing the Pavement Management approach described in Attachment 8 of the 2019 Road and Drainage Repairs Plan, including regular pavement condition assessments, the use of the StreetSaver program to guide City Staff in the selection of treatment schedules for all of the City’s public streets, considering such factors as how groupings of segments can minimize overall cost and minimize impacts to the citizens using the roads Currently, Orinda’s roads are among the best in the Bay Area, with a system Pavement Condition Index (PCI) of 84. City Manager Biggs published an article in Calcities.org and in the Contra Costa Herald on October 17, 2023, which describes the decade-long effort to improve the roads and the need for supportive funding. In keeping with the City’s responsibility to safeguard public funds, the aim of maintaining roads at their current level is synonymous with sound fiscal management.

Maintaining roads with system PCI in the range of 84 to 87 has been shown to be the most costeffective strategy in the long term. See Appendix B for further discussions of the City's Pavement Management Program.

In briefings to the City Council in November 2023 and to the SSTOC in December 2023, City staff began a discussion of needed updates to long-term objectives/plans for road and storm drain maintenance, due to foreseeable changes in available funds, new governmental requirements, including new "Green Infrastructure" mandates from the State, etc. Roads projects adopted in the interim CIP will be reported on in next fiscal year report (2023-2024).

The new State requirements are expected to result in significant increases in the cost of upcoming pavement maintenance/repair projects. For the near-term, Staff are assuming a 30% increase in costs for most pavement projects in future fiscal years. Planning discussions regarding Green Infrastructure impacts to paving projects are expected to continue in the upcoming year.

See Appendix B for a brief discussion of the Green Infrastructure topic and for further details about maintenance/repair plans for our public roads.

H.2.a
Packet Pg. 106 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 27 B. ACCOMPLISHMENTS
According to the 2021 Report Card for America’s Infrastructure2, compiled by the American Society of Civil Engineers, California has the 49th worst roads in the country. Much of the drainage infrastructure in California was constructed prior to the 1940s and needs repair or replacement.

Orinda was not alone in facing the massive challenge of rehabilitating degraded roads and infrastructure. However, with the support of its residents, the City was able to raise the funding to insure that every public road is in good condition. The challenge to bring the stormwater drains up to current standards remains, and is addressed in Section V.

In the first years since incorporation in 1985, the City was only able to repair and maintain the most heavily-travelled roads (Arterials, Collectors, and School Routes). By 2004, most of the City’s Residential roads had deteriorated badly, and the City began a concerted effort to address the problem.

Real progress on improving the Residential roads began after voters approved a half-cent sales tax in November 2012 (Measure L). In 2014, voters approved a $20 Million general-obligation bond (Measure J), to provide additional funds for repairs of Residential roads and storm drains. Another funding increment was provided by the passage of the 2016 $25 Million general-obligation bond (Measure L – 2016).

As is discussed in the Historical Financial Information section of Appendix A, as of June 30, 2023, more than $60 Million of voter-approved funds have been expended to improve Orinda's publiclymaintained roads since the approval of the 2012 Measure L. Significant additional funds from the Gas Tax, Transportation Development Act, Contra Costa Transit Authority, as well as Road Maintenance Fees from our garbage service provider were also invested in this repair work.

As of December 2023, all Orinda's publicly-maintained Residential roads have been repaired. With the completion of repairs to Happy Valley Road in the 2023 Paving Project, the long-term project to repair our public Arterials and Collectors that began in 2012 has also been completed. This is a tremendous accomplishment! Our focus now turns to annual maintenance projects, to protect this large investment.

As a measure of success in the pavement repair effort, the Metropolitan Transportation Commission’s Pavement Condition Report for 2023 lists Orinda as one of only six Bay Area cities with roads meeting their highest category (“Very Good”), with an average Pavement Condition Index (PCI) in the range of 80-89. Orinda’s system-average PCI for 2023 was 84, which is a significant improvement from the system-average PCI of 46 (“Poor”) in 2006, before starting the roads program.
2 2021 Report Card for America’s Infrastructure, infrastructurereportcard.org/state-item/california/ H.2.a
Packet Pg. 107 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 28 Extensive research has shown that preventive maintenance, also called a pavement preservation program, results in the lowest long-term cost to the associated communities. Under a preventive maintenance program, relatively low-cost surface treatments are applied to each road while the surface is still in a relatively good condition. It has been clearly shown that the application of periodic surface treatments significantly delays damage to the deeper sections of the pavement.

This, in turn, prolongs the time before significant breakdown of the pavement, when much-moreexpensive treatments would be required, and significantly reduces long-term maintenance/repair costs for the roads.

As a "desirable side-effect," the overall condition of the city's roads is expected to be higher under this approach. Further information on plans regarding future pavement maintenance and repairs are discussed in Appendix B.

Table IV-1 and Figure IV-1 show the lengths of Orinda’s public roads that have been repaired from 2012 through 2023. Streets included in the 2022 and 2023 paving projects are shown in Table IV-2 and Table IV-3, respectively. Recently, paving work has included maintenance work on roads repaired in the first few years of our repairs program. As a result, the total miles treated exceeds the total length of Orinda's public roads.

Table IV-1. Lengths of Orinda’s Public roads repaired/treated from 2012 through 2023 Year Residential Streets
Miles of Rehabilitation
Arterials and Collectors
Miles of rehabilitation
2012 0.66 1.77
2013 -- --
2014 0.94 3.86
2015 6.85 2.24
2016 8.50 0.73
2017 10.46 0.36
2018 13.74 1.34
2019 24.35 0.86
2020 1.99 4.45
2021 0.31 5.90
2022 0.57 5.03
2023 3.45 12.73
Total Miles of Orinda Roads Treated 111.09
Miles repaired: Sub-Totals 71.82 39.27
H.2.a
Packet Pg. 108 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 29 Figure IV-1. Cumulative Lengths of Orinda’s Public roads repaired from 2012 through 2023 Table IV-2: List of Streets included in the 2022 Paving Project (Completed in December 2022) Street Name From To Length (ft) Functional
Classification
Brookwood Road Spring Road Camino Pablo 2,115 C
Ivy Drive Moraga Way (N) Moraga Way (S) 6,540 C
Valley View Drive Moraga Way Don Gabriel Way 2,911 C
Moraga Way Ivy Drive (N) Ivy Drive (S) 7,070 A
La Espiral Camino Sobrante 109 La Espiral 2,402 R
Old Camino Pablo Claremont 80' North Of End 230 R
El Toyonal 411 El Toyonal Vista Del Orinda 365 C
El Toyonal Vista Del Orinda Alta Vista Lane 2,105 C
El Toyonal 125 El Toyonal Bonita Lane 1,504 C
El Toyonal Bonita Lane Loma Vista Drive 1,145 C
El Toyonal Loma Vista Camino Pablo 1,756 C
Hidden Valley Road St. Stephen Drive SR 24 On Ramp 1,050 C Oak Flat Road Charles Hill Road Cul De Sac 386 R

5.6 miles

0.00 20.00

40.00 60.00

80.00 100.00
120.00
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 Public Roads - Cumulative Miles of
Rehabilitation
H.2.a
Packet Pg. 109 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 30 Table IV-3: List of Streets included in the 2023 Paving Project (Projected to be complete in December 20233)
Street Name From To Length
(ft)
Functional
Class
ALBO COURT Kenmore Court Cul-De-Sac 387 R
AMBER VALLEY DRIVE Dalewood Drive Cul-De-Sac 1,060 R
CANDLE TERRACE Dalewood Drive Cul-de-sac 496 R
CHARLES HILL ROAD 31 Charles Hills Rd Soule Road 899 R
DON GABRIEL WAY Valley View Drive El Camino Moraga 2,043 Urban Local EDGEWOOD DRIVE Lost Valley Drive Cul-De-Sac 591 R
EL CAMINO MORAGA Donna Maria Way Don Gabriel Way 693 Urban Local EL CAMINO MORAGA Don Gabriel Way Moraga Way 737 Urban Local EL NIDO RANCH RD St. Stevens Drive City Limit 1,885 A
FALLEN LEAF TERRACE Dalewood Drive Cul-De-Sac 837 R
HAPPY VALLEY ROAD City Limit City Limit (North) 2,416 C KENMORE COURT Lost Valley Drive Cul-De-Sac 487 R
LOST VALLEY DRIVE Edgewood Road Cul-De-Sac 906 R
LOST VALLEY DRIVE Don Gabriel Way 700' W of PGE Substation 700 R LOST VALLEY DRIVE 700' west of PGE Substation Edgewood Road 2,664 R MINER ROAD Lombardy Lane Tigertail Ct 2,350 C
MINER ROAD Tigertail Court Sycamore 2,048 C
NORMANDY LANE Sleepy Hollow Lane Ridge lane 1,277 R
RIDGE LANE East End West End 727 R
SINGINWOOD LANE Amber Valley Drive Cul-De-Sac 550 R
SLEEPY HOLLOW LANE Lombardy Lane Normandy Lane 2,809 Urban Local SLEEPY HOLLOW LANE Normandy Lane Tarry Lane 1,853 Urban Local SNOW COURT Lost Valley Drive Cul-De-Sac 581 R
SUNDOWN TERRACE Dalewood Drive Happy Valley Road 1,823 R TARA ROAD Southwood Drive Nonie Road 2,349 C
TARA ROAD Nonie Road Overhill Road 1,012 C
TARRY LANE Lombardy lane Sleepy Hollow 434 R
VAN RIPPER LANE Lombardy lane Van Tassel Lane 3,840 R
BEAR CREEK ROAD Camino Pablo City Limit 3,300 C

16.18 Miles
Total Bid Price : $4.03M
NOTE: The Bear Creek Road paving work was originally planned to be included in the 2022 Annual Paving Project but was delayed and included in the 2023 Annual Paving Project. 3 We cannot separate out roads that were completed before the June 30, 2023 end of fiscal year.

H.2.a
Packet Pg. 110 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 31 V. STORM DRAIN REPAIRS AND MAINTENANCE
A. RECOMMENDATIONS REGARDING STORM DRAIN REPAIRS AND MAINTENANCE In January 2017, the failure of a corrugated metal pipe culvert under Miner Road caused a sinkhole, which resulted in the closure of a section of Miner Rd. for several months. Prompted by this incident, the City initiated an assessment of storm drain pipes. The results were entered into a detailed database to manage the storm drain facility records. This analysis allowed staff to develop a prioritized list of storm drains needing repairs or maintenance, rough time frames for when repairs would be needed, and cost estimates for needed work.

The Citizens Infrastructure Oversight Commission, working with City staff, developed the 2019 Storm Drain Repair Plan, which showed that roughly $30 million would be needed to repair or replace public storm-drain pipes that are likely to fail over the subsequent 10 years. Of that estimate, approximately $9.6 million was estimated to be needed over the near term (defined as three to five years in the 2019 Storm Drain Repair Plan) to perform selected CCTV inspections and to repair or replace the storm-drain pipes found to have the highest risk of failure (“Category A”).

City staff has continued to use the 2019 Storm Drain Repair Plan as a guide in the preparation of annual plans for storm drain repairs and maintenance. Following long-term City policy, staff actively pursues alternate funding sources for storm drain work, as with all capital projects.

B. ACCOMPLISHMENTS ON STORM DRAINS
Orinda’s storm drains, many of which are located under our roads, are largely out of sight and most of us are not aware of how extensive Orinda’s storm drain system actually is. For the most part, our storm drains are only noticed when problems arise. The sinkhole created in January 2017 on Miner Road, caused by the failure of the culvert under the road, clearly shows the necessity to address storm-drain rehabilitation work as quickly as possible.

To develop a better understanding of the status of the storm drain system, the City funded two recent surveys of the system. The first survey, summarized in a March 2016 report by Schaaf and Wheeler, focused on a hydraulic assessment of the larger, higher-risk drains. The second survey, summarized in an August 2019 report by Drake Haglan and Associates, focused on updating inspections of poor-condition, large diameter pipes, providing updated cost estimates for recommended repairs of those pipes, and generating a prioritized list of repairs and potential improvements.

The results of these studies led to the development of a Storm Drain Database and a 10-year plan for repairs to the storm drain system, as called for in the December 2019 Road and Drainage Repairs Plan. The City has an ongoing program that includes maintaining and updating the database and performing video inspections of storm drain pipes, to provide a more accurate assessment of the status of these pipes, the risk of failures, and the cost of any needed repairs.

H.2.a
Packet Pg. 111 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 32 The majority of the public storm-drain pipes are located under public roads, and many of the smaller pipes are being replaced as a part of our ongoing paving projects. Pipes that are larger diameter, or deeper below the surface, are addressed through the Capital Improvement Program (CIP). Table V-4 below summarizes repairs of storm drain pipes that were performed as part of our paving projects since 2012.

Table V-4 Drains repaired or replaced as part of the Paving Project, 2012 through 20234 Year
Linear Feet
replaced or lined Total cost
2012 300 $91,464
2013
2014
2015 384 $133,644
2016 397 $200,096
2017 2,226 $672,364
2018 4,462 $1,768,008
2019 2,406 $1,065,400
2020 1,639 $560,000
2021 1,172 $810,115
2022 184 130,900
2023 767 $435,311
TOTAL 13,753 $5,736,402
Tables V-5, V-6, and V-7 list the storm drains repaired as part of the 2021, 2022, and 2023 paving projects, respectively. Note that all three of these paving projects were in process during at least part of the 2022/2023 Fiscal Year. The 2021 project was not completed until November of 2022.

The 2022 project was completed in December of 2022. The 2023 project is projected to be complete in December 2023.
4 We cannot separate out drains that were completed before the June 30, 2023 end of fiscal year.

H.2.a
Packet Pg. 112 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 33 Table V-5: Storm Drain repairs within 2021 Paving Project (Completed in November 2022) Size of Pipe Length in Feet Cost
12” 48 $14,400
18” 180 $37,800
24” 120 $30,000
12” HDPE 196 $96,040
15” HDPE 57 $27,500
18” HDPE 381 $234,315
18”HDPE 126 $80,010
24” HDPE 64 $42,200
TOTALS 1,172 $810,115
Table V-6: Storm Drain repairs within 2022 Paving Project (Completed in December 2022)
Pipe Size Length in Feet Cost
18” 108 $65,340
24” 60 $46,200
48” 16 $19,360
TOTALS 184 $130,900
Table V-7: Storm Drain repairs within 2023 Paving Project (Projected to be complete in December 20235)
Pipe Size Length in Feet Cost
8” 28 $30,800
12” 129 $141,900
18” 8 $6,680
15” 98 $74,300
18” 293 $67,390
24” 151 $89,266
48” 60 $24,975
TOTALS 767l $435,311
Table V-8 summarizes recent and near-term large-scale storm drain projects. This list includes projects funded with revenue from sources other than or in addition to Measure R, with the funding sources indicated in the table. Figure V-1 shows photos of the recent Lavenida Culvert Repair project.
5 We cannot separate out drains that were completed before the June 30, 2023 end of fiscal year H.2.a
Packet Pg. 113 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 34 Table V-8: Recent and Current large-scale Storm Drain projects Project Scope of Work Cost Funding Source
Lavenida Culvert Repair
(CIP #4148)
Completed Oct. 2022
Construct reinforced concrete
invert in 120” diameter CMP and
construct concrete headwalls
$781,778
Primarily funded through
Drainage Impact Fees
(Fund #210) and Measure
L Sales Tax (#105)
Group 1 Storm Drain
Repairs (CIP #’s 3100 &
4167) Completed in
2023
Internal lining of three CMP pipes:

1. 60” CMP crossing Glorietta
Blvd. north of Rheem

2. 72” CMP crossing Coral Dr. (just
west of Ivy Dr.)

3. 72” x 110” CMP crossing
Moraga Way (north of Brookside
Rd.)
Final
Accounting
not
complete.

Approx.
$0.69 M
(As of
11/17/23)
Funded through ARPA
(Fund #256), and
Drainage Impact Fees
(Fund #210)
Group 2 Storm Drain
Repairs (CIP #’s 3101 &
3102)
Designs are complete,
and are ready to go out
for bid. &
Creek/regulatory
permit work underway
Internal lining of five CMP pipes:

1. 96” CMP crossing Moraga Way
(at Orchard Rd.)

2. 60” CMP crossing Orchard Rd.
(just west of Great Oaks Cr.)
3 & 4. Twin 42”x72” CMP’s
crossing Ivy Dr. (just south of
Ramona Dr.)

5. 96” CMP crossing El Camino
Moraga (just north of Dos Encinas)
Approx.
$2.6
Million
Presently planned to be
funded through the
Drainage Impact Fees
(Fund 210) and ARPA
(Fund 256)
San Pablo Creek Box
Culvert Repair (CIP
#4187)
Planned to be out to
bid in January, 2024
Repair 1,300 LF concrete culvert
adjacent to Camino Pablo/Orinda
Way in Village District
Approx.
$4.2
Million
Funded through Measure
R (Fund #106) and Road/
Drainage Stabilization
(Fund #704)
Abbreviations: ARPA – American Rescue Plan Act; CIP – Capital Improvement Plan; CMP – Corrugated Metal Pipe
H.2.a
Packet Pg. 114 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 35 Figure V-1: "Before" and "After" photos of the Lavenida Culvert Repair project. The lower part of the Corrugated Metal Pipe was badly corroded, and at risk of failure. That section, the "invert," was replaced with a new steel-reinforced concrete section. In addition, new headwalls were constructed at the upstream and downstream ends of the pipe.

As can be seen in Table V-9, the City is making good progress toward meeting the five-year milestone of the 10-year plan, to replace the Category A pipes, which were identified as having the highest risk of failure by the end of 2024. Unfortunately, many of these larger pipes require a complex and time-consuming permitting process, slightly extending these efforts somewhat beyond the end of 2024. Measure R funds will be critical to accomplishing this project.

H.2.a
Packet Pg. 115 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 36 Table V-9: Category A Storm Drain Projects - Overview CIP project
Number
Project
cost/budget
Construction
year
Status as of
12/12/2022
Measure R
funding
4150 $50,000 20/21 complete
4094 $140,000 2024 ready to bid
4162 $205,000 19/20 complete
4167 $295,500 2023 complete
3100 $230,000 2023 complete
3101 $1,250,000 23/24 ready to bid
3102 $1,300,000 23/24 ready to bid
3103 $1,600,000 24/25 programmed in CIP $1,600,000
3104 $1,100,000 24/25 programmed in CIP $1,100,000
3105 $1,100,000 24/25 programmed in CIP $1,100,000
Subtotal $7,270,000 $3,800,000
Contingency,
15% $1,095,000
TOTAL
(Rounded) $8,360,500
See Appendix C for additional information regarding future storm drain pipe maintenance and repairs.

H.2.a
Packet Pg. 116 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 37 VI. Financial Summary
The SSTOC Bylaws, dated December 5, 2020 and adopted by Resolution #67-20, indicate that the role of the commission with regards to the revenue generated from the Voter Approved Sales Tax (2020 Measure R) is to make recommendations and provide advice to the City Council and City Staff, regarding the planned expenditures for priority programs, services, and projects; and to review, monitor, and report on the expenditures incurred.

The Bylaws also state that the Commission may be assigned oversight responsibilities for other voter-approved taxes. This includes any remaining revenues from the 2012 Measure L ½-cent sales tax, as well as the 2014 Measure J and 2016 Measure L General Obligation Bond Funds. Both Bond Funds have been fully expended: Measure J as of June 30, 2019 and Measure L as of June 30, 2021.

The 2012 Measure L ½-cent sales tax was replaced by the Measure R 1-cent sales tax. As is discussed below, a small balance remains from 2012 Measure L. Those funds are expected to be expended in the 2023/2024 fiscal year.

Income from and expenditures against the listed revenue sources are reported through the following funds:

Fund 105: Funds from Measure L (2012). Measure L was a General Fund Add-on Sales Tax (additional one-half cent or 0.5 percent), which was approved by more than 50% of the voters at an election November 6, 2012. The tax was a General Tax. As originally approved by the voters, it was scheduled to terminate after 10 years. The tax was first collected by the State in April 2013. In November 2020, the voters approved Measure R, which terminated the collection of Measure L funds as of March 31, 2021. Measure R began to be collected April 1, 2021. As of November, 2023, the fund has a small remaining balance which is expected to be expended as part of the Capital Improvement Program for street-related projects in the 2023-24 fiscal year.

Fund 106: Funds from Measure R (2020). Measure R is a General Fund Add-on Sales Tax (additional one cent or 1.0 percent), which was approved by more than 50% of the voters at an election November 10, 2020. The tax is a General Tax. It is scheduled to terminate after 20 years. The approval of this tax replaced the Measure L tax, which was collected at a lower rate.

The Measure R tax was first collected on April 1, 2021.

The text below provides a brief summary of the revenue collected in the funds listed above and the expenses against those funds. A more detailed financial report is presented in Appendix A.

H.2.a
Packet Pg. 117 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 38 A. Annual Audit
The City obtains an independent annual audit of its financial statements and completes an Annual Comprehensive Financial Report (ACFR). The City selected Maze and Associates as its independent auditors. For the fiscal year ending June 30, 2023, Maze and Associates has issued a “clean” opinion.

This states that based on their independent review and testing, the financial statements are fairly presented in all material respects. The ACFR was issued on December 19, 2023 and presented to the City Council at a public meeting on January 9, 2024.

B. Revenue and Expenses
Fund 105 Measure L – Add-On Sales Tax (1/2 Cent)
Revenue and expenses for the Measure L Add-On Sales Tax are shown in Table VI-1 below. Measure L Sales Tax was assessed for sales only through March 31, 2021, when Measure L was replaced by Measure R. However, due the State’s emergency deferral option program as a result of the COVID19 Pandemic, approximately $11,000 in sales tax revenue was received during the fiscal year, along with approximately $32,500 in interest. At the end of the reporting fiscal year (June 30, 2023), the Measure L unexpended balance was $925,107. The remaining balance is expected to be expended as part of the Capital Improvement Program for street-related projects in the 2023-24 fiscal year. As is shown in the table, fund expenditures supported six separate projects, with nearly all of the funds being applied to paving, pavement stabilization, and culvert repair projects.

H.2.a
Packet Pg. 118 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 39 Table VI-1: Income and Expenditure Summary - Measure L 2012 ½ Cent Add-On Sales Tax Fund 106 Measure R – Add-On Sales Tax (1 Cent)
The Measure R Add-On Sales Tax, shown in Table VI-2 below, was collected for the period from July 1, 2022 through June 30, 2023. Note that Sales Tax processing and remittance from the State of California has a long lead time with revenue received each July and August being accrued to the previous fiscal year. Sales Tax revenue was stronger than anticipated when the budget was being developed in June 2021. The fund reported total revenue of $3,863,459, including interest revenue of $60,212.

H.2.a
Packet Pg. 119 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 40 Expenditures for the year totaled $2,567,277. The unexpended balance as of June 30, 2023, was $4,643,294. A total of $883,378 of Measure R funds spent in 2022-2023 was on staffing to support education, outreach, and direct action regarding wildfire risk reduction, and emergency preparedness, and on the maintenance of City owned property, to bring the majority of the parcels into compliance with the fire code. As shown in the "Expenditures By Project" part of the table, the 2022 Annual Pavement Rehabilitation project (Capital Improvement Plan, Project 4166) represents by far the largest single project expenditure.

Table VI-2: Income and Expenditure Summary - Measure R (Fund 106) 1 Cent Add-On Sales Tax Projected Measure R Revenue and Expenditures
Table VI-3 below, taken from the Capital Improvement Plan (CIP) adopted June 20, 2023, summarizes current and projected Measure R revenue and expenditures through fiscal year 2027-2028. Note H.2.a
Packet Pg. 120 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 41 that the 2022-2023 numbers are from the approved 2022-2023 budget. Numbers may differ somewhat from those in the 2022-2023 ACFR, dated December Dec. 19, 2023.

The2022-2023 budget includes $1.09 M from Measure R for the 2022 Annual Paving Project, $90,000 for the Brookwood Right of Way mitigation project, and $20,000 for the Red Flag day no-parking signs, but no Measure R funds for the 2023 Annual Paving project. The 2023 Annual Paving project was funded from other sources, as discussed further below. Remaining numbers are projections and are subject to change.

Note that significant Measure R expenditures are planned for storm drain repairs in the final four fiscal years of the report ('24/'25, '25/'26, '26/'27, and '27/'28), but no Measure R funds are presently planned for road maintenance/repairs in those later years.

For additional information on recent Measure R activities and near-term planned expenditures, see detailed Financial Reports of Appendix A
H.2.a
Packet Pg. 121 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 42 Table VI-3: Measure R Sources and Uses of Funds - Actuals and Projections, taken from the Capital Improvement Plan, dated June 20, 2023. Note the numbers may differ somewhat from the ACFR.

Other Funds that Support Maintenance and Repair of Roads and Storm Drains Maintenance and repair of Orinda's roads and storm drains are funded through several different funds and associated funding sources. This document provides detailed reporting only on Fund 105 H.2.a
Packet Pg. 122 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 43 (Measure L, the 2012 ½-Cent Add-On Sales Tax) and Fund 106 (Measure R, the new 1-Cent Add-On Sales Tax).

However, it is important to recognize that several additional funding sources are used to support maintenance and repair of our roads and storm drains. The following tables, copied from the Capital Improvement Plan adopted June 20, 2023, summarize all of the Fiscal Year 2022-2023 and 2023-2024 funding sources for the repairs of Orinda's public roads and storm drains: Measure L (2012), Measure R (2020), Gas Tax, Drainage Impact Fees, Transportation Development Act, CCTA, Road Maintenance Fees from solid waste provider, Stormwater Utility Assessment, American Rescue Plan Act, Capital Improvement/General Funds, and Road/Drainage Stabilization.

Of the roughly $7M spent in the reporting fiscal year (2022-2023) on roads and storm drains, combined, less than $1.2 M came from Measure R funds (mostly on the 2021 Annual Pavement Project). The plan for the coming fiscal year (2023-2024), calls for $1.3 M for road repairs to come from Measure R, and $1.785 M for storm drain work. This amounts to about 27% of the $11.26M combined total planned expenditures on roads and drains for the fiscal year.

Table VI-4: ROAD REPAIRS, FISCAL YEARS 2022/2023 AND 2023/2024 (NOTE: These numbers were taken from the Capital Improvement Plan, dated June 20, 2023. The numbers may differ somewhat from those in the 2022/2023 ACFR.

H.2.a
Packet Pg. 123 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 44 Table VI-5: STORM DRAIN SYSTEM REPAIRS, FISCAL YEARS: 2022/2023 AND 2023/2024 (NOTE: These numbers were taken from the Capital Improvement Plan, dated June 20, 2023. The numbers may differ somewhat from those in the 2022/2023 ACFR H.2.a
Packet Pg. 124 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 45 H.2.a
Packet Pg. 125 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 46 Future Pavement Projects Are Likely to Be More Expensive The San Francisco Bay Regional Water Quality Control Board reissued the Municipal Regional Stormwater Permit (MRP 3), which became effective on July 1, 2022. Like the past stormwater permits, MRP 3 mandates stormwater control measures for certain types of development projects, including constructing new roads, reconstructing existing roads, and maintaining pavement. In urban areas, stormwater washes pollutants and trash off impervious surfaces (e.g., roads and parking lots) into creeks and waterways. With respect to city road and sidewalk projects, MRP 3 impacts Orinda in the following ways:

1. Road maintenance or reconstruction projects are no longer exempt from stormwater permits/regulation. MRP 3 sets a 1 acre threshold area that, if exceeded, requires that the project “treat” stormwater runoff with bio-swales or equivalent facilities. The 1 acre threshold criteria is based on a contiguous area of pavement removal that extends to the base course (e.g. aggregate base rock) or lower, or widening a pavement edge.

2. MRP 3 reduces the threshold for new roads, sidewalks or trails (10 ft. or wider) from 10,000 square feet to 5,000 square feet.

File: SSTOC 2022-2023 Annual Report_AWE_02-15-2024.docx H.2.a
Packet Pg. 126 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 47 Appendix A
Supplemental Sales Tax Oversight Commission
Annual Financial Update (Audit Report)
For The Fiscal Year Ending June 30, 2023
(Copied from the Staff Report to the SSTOC January 10, 2023) H.2.a
Packet Pg. 127 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 48 H.2.a
Packet Pg. 128 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 49 H.2.a
Packet Pg. 129 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 50 H.2.a
Packet Pg. 130 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 51 H.2.a
Packet Pg. 131 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 52 H.2.a
Packet Pg. 132 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 53 H.2.a
Packet Pg. 133 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 54 Appendix B
Summary of Road Repair and Maintenance Plans
With the completion of the 2023 Paving Project, the long-term project to repair our public roads that began in 2012 has been completed. Our focus now turns to annual maintenance projects, to protect this large investment. Extensive research has shown that preventive maintenance, also called a pavement preservation program, results in the lowest long-term cost to the associated communities.
6 Under a preventive maintenance program, relatively low-cost surface treatments are applied to each road while the surface is still in a relatively good condition. The application of periodic surface treatments significantly delays damage to the deeper sections of the pavement. This, in turn, prolongs the time before significant breakdown of the pavement, when much-more-expensive treatments would be required, and significantly reduces long-term maintenance/repair costs for the roads. As a "desirable side-effect," the overall condition of the City's roads is expected to be higher under this approach. The 2020 Pavement Condition Report for Sacramento, which had an average PCI of 60, states that reconstructing one failed street is equivalent to preserving 20 good streets.7 Orinda's Pavement Management Program follows this preventive-maintenance philosophy. As part of the pavement management program, Orinda hires an outside engineering firm to prepare an assessment of pavement conditions on all City-maintained roads. The results of these assessments are reported in a Pavement Management Technical Assistance Program (P-TAP) Report. The report includes assessments of pavement conditions as well as projected repair and maintenance costs.

Reports are typically released every two years, on the odd-numbered years.

The P-TAP report includes a very detailed list of recommended maintenance/repairs for each street.

These recommendations are reviewed by City staff, and annual paving plans are prepared based on those recommendations, additional inspections by City staff, as well as other factors, such as how grouping treatment segments can minimize overall cost and minimizing impacts to the citizens using the roads.

The most recent P-TAP report is P-TAP 23, dated March, 2023. This report indicates that Orinda's roads are in very good condition overall, with an average Pavement Condition Index (PCI) of 84 - 6 For further information, see:

Public Roads - January-February 2000, U. S. Department of Transportation: Pavement Preservation:

Preserving Our Investment in Highways https://highways.dot.gov/public-roads/januaryfebruary2000/pavement-preservation-preserving-our-investment-highways Riverside Country Transportation Department Pavement Management Report 2022:
https://trans.rctlma.org/sites/g/files/aldnop401/files/migrated/Portals-7-PMR-202021-22.pdf 7 Pavement Condition Report, March 2020. City of Sacramento Department of Public Works https://www.cityofsacramento.org/-/media/Corporate/Files/Public-Works/MaintenanceServices/Sacramento-2020-Pavement-Update---FINAL-3-25-20.pdf?la=en H.2.a
Packet Pg. 134 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 55 among the best in the Bay Area. The report estimates the replacement value of our public roads to be approximately $307 million. The analysis shows that 93% of the City's pavement is in the Good to Excellent condition. Residential streets are in the best condition, with an average PCI of 85. The average PCI of our Collector streets has increased to 80, from 69 in our last report, and the average PCI of our Arterial streets has increased to 84, from 77 in our prior report. The table below gives some insight into the meaning of the various PCI ratings. With a system average PCI of 84, the overall system of our public streets is now in the "Good" condition.

The P-TAP 23 report concludes that the preventive maintenance needed to minimize long-term cost will require an average pavement maintenance budget of $1.9 million annually over the next 5 years.

However, this estimate does not include the impact of the State's recent "Green Infrastructure" initiative, which City staff estimate will increase costs by 30% or more, raising the estimated annual spending profile to about $2.5 million. We can choose to defer repairs, but ample data shows that deferring repairs is very likely to increase the overall long-term pavement maintenance costs.

For additional information, please refer to the City’s Road and Drainage Repairs Plan (December 17, 2019). This Plan has been used for the roadway paving restoration work (and the underlying storm drain pipes) which the above-mentioned Bond and Incremental Sales Tax measures have funded.

The restoration work consisted of full depth reclamation, dig outs, mill and fill (and/or “overlay”) paving and surface treatments (micro-surfacing and slurry seal). Now that the work outlined in the Plan has, for the most part, been completed, in order to maintain the roadways in good condition, ongoing “routine” paving work is required. This ongoing maintenance work is accomplished through an annual CIP paving project, with street selection primarily based on a pavement management computer-based program ("StreetSaver").

The table below summarizes the planned road maintenance projects as described in the Capital Improvement Plan adopted June 20, 2023 for the next four fiscal years, by funding source. Note that no measure R funds are presently planned for use on road maintenance or repairs in this time frame.

H.2.a
Packet Pg. 135 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 56 Green Infrastructure Plan
As with other California cities, Orinda is required to comply with the National Pollutant Discharge Elimination System (NPDES). To comply with the City's NPDES permit, Orinda was required to submit an adopted Green Infrastructure (GI) Plan to the SF Bay Area Regional Water Quality Control Board (RWQCB) by September 30, 2019. City Council adopted a GI Plan at their August 20, 2019 meeting.

In general, Green Infrastructure for pavement projects involves diverting street runoff into bioswales (landscaped areas) to filter the water, which is then collected (via sub-drains/French drains under the plantings and soil media) and conveyed to a storm drain pipe or channel that leads into a natural waterway. The Plan set the following targets for drainage areas to be “treated” with Green Infrastructure:

H.2.a
Packet Pg. 136 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 57 Year (deadline) GI Plan (2019) Revised by MRP 3 (2022) 2020 0.2 acre NA
2027 (June 30) not delineated 1.2 acres
2030 1.0 acre not delineated
2040 13.4 acres not delineated
With the issuance of the above-mentioned MRP 3.0 (circa July 2022), some aspects of the 2019 Green Infrastructure Plan were superseded, as shown above. In particular, MRP 3 has accelerated the deadline so that 1.2 acres of roadway pavement stormwater runoff must be treated by June 30, 2027, a three-year acceleration of our earlier Green Infrastructure Plan. In addition, the area was increased by 20%, from 1.0 acre to 1.2 acres.

City Staff are carefully looking at our upcoming paving projects to determine feasible ways to include Green Infrastructure in the projects. However, we have been looking at this for several years and had only limited success at doing this. Part of the reason is that Orinda’s roads have few landscaped medians or roadside planting areas, and limited storm drain piping available near such areas.

Furthermore, hilly, windy roads make suitable areas rare. Therefore, Orinda, along with other Contra Costa cities, is looking at “alternative compliance” in which Orinda would contribute towards a more feasible treatment project in another city and then get in lieu credit toward reaching our 1.2-acre target. No cost or methodology has yet been approved.

In the meantime, to plan for upcoming Green Infrastructure stormwater treatment costs, Staff adds 30% to a paving project’s base cost estimate to each upcoming paving project, to incorporate estimated Green Infrastructure features. Furthermore, the current Capital Improvement Plan (CIP) adopted in June 2023, includes Project 4146; Green Infrastructure Program for Pavement Projects, which provides some “startup” funding for potential facilities, as summarized in the CIP detail page included below:

H.2.a
Packet Pg. 137 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 58 H.2.a
Packet Pg. 138 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 59 Appendix C
Summary of Storm Drain Repair Plans
In January 2017, the failure of a corrugated metal pipe culvert under Miner Road caused a sinkhole which resulted in the closure of a section of Miner Rd. for several months. Prompted by this incident, the City initiated an assessment of storm drain pipes, with the highest priority being the larger diameter pipes. An engineering firm was retained to perform field inspections, create a prioritization algorithm, and estimate repair/replacement costs. Results of the study were summarized in the 2019 Storm Drain Repair Plan.

In conjunction with this work, the City used ESRI’s ArcGIS (Geographic Information System) to compile a geodatabase that maps the storm drain pipe locations, shows the size, material and inspection history. This has allowed a reliable way to manage and update the storm drain facility records. The GIS tools also allow tabulation of various pipe data to aid analysis and estimates of repair work.

The 2019 Storm Drain Repair Plan showed that roughly $30 million would be needed to repair or replace public storm-drain pipes that are likely to fail over the subsequent 10 years. Of that estimate, approximately $9.6 million was estimated to be needed over the near term (defined as three to five years in the 2019 Storm Drain Repair Plan) to perform selected CCTV inspections and to repair or replace the storm-drain pipes found to have the highest risk of failure (“Category A”).

Table C-1 is a list of the Category A storm drain pipes – considered to require repairs by approximately 2024. As can be seen in the list, several of the Category A pipes have already been replaced, and others are included in identified repair/replacement projects. Note that current estimates for the cost to repair/replace these pipes is down somewhat, to approximately $8.4 million.

Related to the Category A storm drain pipe repair program is the San Pablo Creek Culvert Repair Project (CIP #4187), to repair this 1,300 lineal feet double box concrete culvert that runs parallel to Camino Pablo in the Orinda Village District. The project is estimated to cost $4.2 million and is planned to be funded from Measure R. The project is planned to go out for bid early in 2024.

Table C-2 is a list of the Category B pipes that are currently-programmed. Category B storm drain pipes are next lower level of priority for repairs after the Category A pipes.

NOTE: Following long-term City policy, Staff will continue to actively pursue alternate funding sources for all capital projects.

H.2.a
Packet Pg. 139 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 60 Table C-1: Category A pipes
CIP project
Number Pipe # Location
Project
budgetConstruction year
Status as of
11/17/23
Measure R
funding
4150 PL-452 207 Moraga
Way $50,000 20/21 complete
4094 PL-891 53 Ivy Dr $140,000 2023 ready to bid
4162 PL-1456 216 Camino
Sobrante $205,000 19/20 complete
PL-483 548 Miner Rd
PL-1206 265 Camino
Pablo
PL-440 548 Miner Rd
4167 PL-927 95 Coral Dr $295,000 23/24 complete
PL-454 188 Moraga
Way
3100 PL-492 15 Rheem
Blvd $230,000 complete
3101 PL-513 123 Orchard
Rd $1,250,000 23/24 ready to bid
PL-409 4 Orchard Rd
3102 PL-864 2 Dos Encinas $1,300,000 23/24 in permitting PL-958 232 Ivy Dr / design
PL-959 232 Ivy Dr
3103 PL-1765 199 Canon Dr $1,600,000 24/25 programmed $1,600,000 PL-1766 199 Canon Dr in CIP
PL-1775 8 Alta Vista
3104 PL-1074 10 Ranch Rd $1,100,000 24/25 programmed $1,100,000 PL-1089 Bear Creek
Rd
PL-1809 70 Van Tassel
Ln
3105 PL-751 38 Lost
Valley Dr $1,100,000 24/25 programmed in CIP $1,100,000 PL-580 295 Orchard
Rd
PL-437 58 Brookside
Rd
PL-867 El Camino
Moraga
Subtotal $7,270,000 $3,800,000
Contingency,
15% $1,095,500
TOTAL
(Rounded) $8,360,500
H.2.a
Packet Pg. 140 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) 61 Table C-2 Category B storm drains
CIP Project
Number
Project Description Construction
Year
Project
Budget
Actual Cost
to Date
Measure R
Funding
5007 Annual Cat B SD Repair 23/24 $350,000
5008 Annual Cat B SD Repair 24/25 $350,000 $350,000
5009 Annual Cat B SD Repair 25/26 $350,000 $350,000
5010 Annual Cat B SD Repair 26/27 $350,000 $350,000
5011 Annual Cat B SD Repair 27/28 $350,000 $350,000
5012 Glorietta 36" 23/24 $175,000 $30,000
5015 North Ln. 48" 2024 $144,000
Subtotals $2,069,000 $30,000 $1,400,000
H.2.a
Packet Pg. 141 Attachment: SSTOC Annual Report for Fiscal Year Ending June 30, 2023 (3309 : SSTOC Annual Report) Supplemental Sales Tax
Oversight Commission
Annual Report
for the
Fiscal Year Ending June 30, 2023
Briefing to the Orinda City Council
February 20, 2024
H.2.b
Packet Pg. 142 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report)

OVERVIEW
The passage of Measure R in 2020 has provided us with a significant, stable source of funds, and we have successes to celebrate, BUT ...
• Our wildfire risks are widespread and very high.
• We have serious evacuation challenges.
• If we don’t protect our recent investments in our roads, we will be right back to where we were 20 years ago.
• We have many storm drain pipes and culverts that still need repair or replacement.

H.2.b
Packet Pg. 143 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report)

WILDFIRE RISK MITIGATION
Times have changed and, due to climate change, we are at even higher risk for a major wildfire catastrophe.

Orindans must understand and act on this fact. No one
household is safe until 80% are in compliance.

The City is limited to using the “carrot” approach, while MOFD has ability to use the “stick” approach.

SSTOC recommendations are in service of creating a
change in culture to normalize wildfire mitigation
considerations.

The City is really out in the community!!
H.2.b
Packet Pg. 144 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Going for the Green H.2.b
Packet Pg. 145 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Compliance Progress as of
October 2023
• Increased inspections to 2,940 but 2,066 failed.
• When pushed to remediate, all but 98 cases were
closed. Roughly 30% (2,842) were in compliance.
• This rate of compliance is vastly improved due to
combined efforts of stick and carrot by MOFD
and The City. (A survey would confirm)
• Compliance checks do not include backyards. We
have a long way to go until we are wildfire
resilient.

H.2.b
Packet Pg. 146 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Goals and Accomplishments
Wildfire Risk Reduction & Emergency Preparation

1. Established a robust community education and outreach program with two staff members:

1. Incentive program and free chipper service are growing in use

2. Strategic partnerships examples:

1. Master Gardeners

2. Relationships with schools, notably Miramonte High School

3. Fire Safe Moraga Orinda and Moraga Orinda Firewise Network

2. Walking the Talk: City-owned Properties are in compliance

3. Print communication through multiple efforts:

1. Social media and print media ads

2. Yard signs, door hangers

3. Tri-fold brochure

4. City webpage updated
H.2.b
Packet Pg. 147 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Chipper Program and Incentive Program
Numbers
0 20
40 60
80 100
Approved
Applications
Measure R Fire Fuels Reduction Incentive Pilot
Program - - Year to year comparison
FY 21/22 FY 22/23
H.2.b
Packet Pg. 148 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) More Goals and Accomplishments

4. Emergency and Evacuation Services
• Virtual Evacuation Drill planned and executed on 9/30/23 • Red Flag Day parking Restrictions expanded to Miner Road • Contra Flow Notification and operating plan for Miner Road • Contraflow Exercise plan developed and executed on
12/23/23

5. City-wide events:
• Orinda Police Dept. Hosted National Night Out on 8/1/23 • Wildfire Prevention and Safety Fair on 4/23/23
• Monthly info booth at the Farmers Market

6. Updated building code that includes fire resistant construction requirements for new, altered or remodeled buildings.

H.2.b
Packet Pg. 149 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Goals for the Future
Using the expertise of the city’s wildfire and emergency services team, the goals have been updated and refined. • Short term goals center on continued growth of the
current programs and identifying new directions based
on feedback from the community about current efforts.
• Develop a framework for community education and
motivational programs. (A survey would be helpful
here).
• Long term goals
• Develop a matrix for establishing goals regarding
residential compliance, a vegetation maintenance
schedule and improved emergency preparedness.

H.2.b
Packet Pg. 150 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report)

ROADS AND STORM DRAINS
• Goals regarding Roads and Storm Drains were developed by the CIOC, and adopted by the Council Dec 17, 2019
• Public Roads
• As of December 2023, we met the goal of completing the repair of the public roads.
• The remaining goal is to maintain our roads in a way that will minimize the long-term cost of maintenance.
• Storm Drains
• Category A: Large pipes that likely need repair by 2025 • Estimated repair cost: Approx. $10M.
• Repairs in process; all pipes included in present CIP. • Category B: Pipes likely to need repair between 2025 and 2030 • Estimated repair cost: Approx. $20M:
• Initial sets of pipes scheduled for FY 2023/2024. Additional sets of pipes included in the present CIP.

H.2.b
Packet Pg. 151 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Accomplishments - Roads
• Our City has had considerable success in repairing
our public roads.
• As of December 2023, after the investment of
over $50 million, all of Orinda’s public roads have
been repaired.
• Our roads will need continued maintenance, to
prevent falling back in the mode of paying for
unduly expensive repairs.
• New Green Infrastructure rules will add significant
cost to ongoing repairs
• Measure R funds are planned for part of the funding.

H.2.b
Packet Pg. 152 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Accomplishments - Storm Drains
• We have an ongoing program to perform video
inspections of storm drain pipes and to maintain a
detailed Storm Drain Database.
• Recommendations follow from the 2020 Storm Drain
Repair Plan.
• Smaller pipes under our roads are repaired/replaced
as a part of the annual paving projects.
• 13,753 linear feet of storm drain pipes have been
replaced since 2012.
• Large pipes are scheduled for replacement, as
described in the Capital Improvement Plan.
• Several large pipes have been repaired/replaced in
recent years.
• Significant expenditure of Measure R funds will be
needed for storm drain work as we go forward.

H.2.b
Packet Pg. 153 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report)

FINANCIAL SUMMARY
Audit Results
Maze and Associates performed the City’s annual
audit for the fiscal year ending June 30, 2023, and
issued a “clean” opinion.

This states that, based on their independent review
and testing, the financial statements are fairly
presented in all material respects.

H.2.b
Packet Pg. 154 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Measure R (Fund 106)
Approximate Expenditure
Allocations
19% Staff support, including
consultants for marketing
and education
15% Directly reduce fire fuels in the
City (Chipper work, work
performed on City property)
66% Repairs for roads
H.2.b
Packet Pg. 155 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Measure L (Fund 105)
(½-Cent Sales Tax Replaced by Measure R)
Remaining funds are
planned for road and stormdrain CIP projects in the
2023-24 fiscal year.

H.2.b
Packet Pg. 156 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) Additional Funding Sources
• City staff continuously pursues additional sources of funding for all City activities.
• Several funding sources are used for road and storm
drain repairs, but Measure R funds will be needed
going forward.
• Current and projected Road and Storm Drain funding, as shown in the June 30 Capital Improvement Plan:

H.2.b
Packet Pg. 157 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report)

OVERALL CONCLUSIONS
• Measure R funds are making a real difference.
• Orinda has been hailed as a model of what
communities can do to address the threat of wildfire
and emergency-evacuation issues.
• We still need to do a lot more, to increase
Defensible Space throughout Orinda and to
address evacuation issues.
• Ongoing maintenance for roads and repairs for
storm drains will require additional yet-to-beidentified funds beyond Measure R.

H.2.b
Packet Pg. 158 Attachment: SSTOC Annual Report Presentation 2024 (3309 : SSTOC Annual Report) City Council
Staff Report
Agenda Item: H.3
Date: February 20, 2024
Department: City Clerk
AGENDA TITLE: Consider any Amendments and Adopt City Council Policy & Procedures Manual
RECOMMENDATION:

Adopt Resolution No. 01-24 adopting the City Council Policies and Procedures Manual BACKGROUND:

The City Council reviews its Policy and Procedures Manual on an annual basis. It was last reviewed in March of 2023.

DISCUSSION:

This review is an opportunity for Councilmembers to make changes to their policies and procedures.

Staff is proposing to add the following redlined language to Sections 4, 8, and 11.

These changes are proposed for clarity and consistency with current practices.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or using similar method available during virtual meetings). Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker or member of the public shall be given to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member.

No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term.

The election or removal of Mayor requires three affirmative votes.

H.3
Packet Pg. 159
The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public danger or emergency, the Mayor, with the consent of the Council, shall cause order to be maintained and enforce laws. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Council members shall may elect to forward copies of emails they receive related to agenda items to the City Clerk, who will include such emails in the staff reports for relevant agenda items and/or forward the emails to the whole City Council, if doing so would not violate the Brown Act.

Emails sent to the whole City Council via a general City email address will be reviewed by the City Manager or his/her designee and forwarded to all Council members, if doing so would not violate the Brown Act.

Emails sent to the whole City Council via a general City email address will be reviewed by the City Manager or his/her designee and forwarded to all Council members, if doing so would not violate the Brown Act.

FISCAL IMPACT:

None.

ATTACHMENTS:

A. Resolution 01-24 Amending Policies Procedures Manual B. City Council Policies Procedures Manual (Draft 2.20.2024) Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

H.3
Packet Pg. 160
H.3
Packet Pg. 161
1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF:

Amending and Adopting the
City Council Policies and
Procedures Manual
_________________________
)
)
)
)
Resolution No. 01-24
WHEREAS, the City Council reviews its Policies and Procedures Manual annually to determine if it needs any updates; and
WHEREAS, at the City Council Meeting of February 20, 2024, the City Council reviewed and determined it appropriate to amend its Policies and Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council does hereby amend the Orinda City Council Policies and Procedures Manual as shown in Exhibit A and as amended at the City Council Meeting of February 20, 2024.

BE IT FURTHER RESOLVED: that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as amended.

Adopted by the City Council of the City of Orinda at a regular meeting on February 20, 2024, by the following vote:

AYES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
Darlene Gee, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
H.3.a
Packet Pg. 162 Attachment: Resolution 01-24 Amending Policies Procedures Manual (3301 : Adoption of Updated Policy & Procedures Manual) 1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures 18

13. Suspension, Amendment of These Rules 19
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) Amended Effective February 1, 2022 (Resolution No. 05-22) Amended Effective March 21, 2023 (Resolution No. 20-23) H.3.b
Packet Pg. 163 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. Adjourned regular, workshop or special meetings may be called by the Mayor or a majority of the Council. If the meeting date should fall on a legal holiday, the Council shall meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

Meetings will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.

2.1.3. Ending Time. Meetings will adjourn at or before 10:00 p.m. A majority vote of the City Council will be required to continue the meeting past 10:00 p.m.

A unanimous vote of the City Council will be required to continue meetings beyond 11:00 p.m. A continuance beyond 11:30 shall specify time of adjournment. More than one such continuance may be adopted.

2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members.

The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be received prior to a special meeting by each Council member, the local newspaper of general circulation, and radio and television stations which have requested notice. Only matters specified in the notice may be discussed at special meetings. The public shall be given an H.3.b
Packet Pg. 164 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 3 opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.

2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time.

2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act and other places designated by the Council within twenty-four (24) hours after the time of adjournment.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.

2.6 Attendance
Council members must request that the Mayor issue an "excused absence" when they are unable to attend, or it will be noted in the minutes as an unexcused absence. The Mayor shall announce excused absences and reasons for such absences (if publicly known) during the roll call at the beginning of a meeting.

2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, detailed (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and summary action minutes shall be prepared for special meetings of the full Council.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused. The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused. The Deputy City Attorney shall attend in the City Attorney’s absence. The City Attorney shall act as the Council's parliamentarian.

H.3.b
Packet Pg. 165 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 4 2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused, and in her/his absence, the City Clerk designee shall substitute. The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public May Attend and Record Meetings
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.

2.13 Virtual/Teleconference Meetings
The Council may use teleconference technology and hold virtual meetings consistent with State Law, including the Brown Act and Executive Orders issued by the Governor.

2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk. Recordings are kept consistent with the City of Orinda Records Retention Program and are available from the City Clerk’s office.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

H.3.b
Packet Pg. 166 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 5 3. Agenda

3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:

A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Consent Calendar
H. Public Hearings
I. Policy Matters
J. Council Reports
K. City Manager’s Report
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)

3.2 Agenda Preparation
Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters. The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Matters Initiated
To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and H.3.b
Packet Pg. 167 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 6 Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following locations, which are freely accessible to members of the public: Orinda Community Center, Orinda Library, and Orinda City Hall. Agendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet and if multiple copies of voluminous documents are provided.

3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents distributed to Council members before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall be available for public inspection when released to the City Council.

The public can view materials before the meeting at the office of the City Clerk, the Orinda Library and, on the City website. At the meeting, a public copy will be available for review. Copies of materials distributed by City staff and others at the meeting shall be made available to members of the public as soon as practicable. Changes and additions to staff reports and late correspondence will be provided to Council members and made available to the public before the meeting when possible.

3.6 Consent Calendar
Items listed on the Consent Calendar are those items likely not to require Council discussion. At the meeting, any item may be pulled by a Council member or member of the public for separate discussion or clarification and vote.

3.7 Public Hearings
A matter shall be set for public hearing in the following situations:
a. A quasi-judicial land use decision (e.g., an appeal of a Planning Commission decision)
H.3.b
Packet Pg. 168 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 7 b. Any other matter for which a public hearing is required by law or for which a hearing would be in the public interest.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or using similar method available during virtual meetings). Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker shall be provided to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

4.2 Public Forum
During Public Forum any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.

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, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.3 Speech Content & Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.

4.4 Disruptive Conduct
Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]
H.3.b
Packet Pg. 169 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 8 4.6 Written Communications
Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.

4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. If a speaker continues to speak after their allotted time has expired, the Mayor may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Councilmembers may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Councilmembers.

5. Conducting Meetings

5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.

Before proceeding with the business of the Council, the City Clerk shall perform a formal roll call. The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less then 5 days before and was continued, as prescribed more fully in Gov.

Code §54954.2.

5.3 Continuance of an Item
H.3.b
Packet Pg. 170 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 9 An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules. During Council deliberations, the Mayor, with the consent of the City Council, may reopen public comment.

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.

5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.

5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any ruling of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the ruling is upheld.

5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.

Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and H.3.b
Packet Pg. 171 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 10 different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
c. Motion to table, which requires a simple majority.
d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.

5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.

H.3.b
Packet Pg. 172 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 11 c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.

5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

H.3.b
Packet Pg. 173 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 12 6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.

6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

6.2 Testimony

6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.

6.2.2. Each person wishing to testify may do so as described in section

4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.
c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked H.3.b
Packet Pg. 174 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 13 to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.3 Council Deliberation

6.3.l. After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.

6.3.2. The Council may ask questions of speakers for clarification during the public testimony portion and during deliberations.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law

6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall H.3.b
Packet Pg. 175 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 14 disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

7. Voting

7.1. Majority Vote Required
H.3.b
Packet Pg. 176 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 15 An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.

7.2 Roll Call Votes
When required by state law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails. In the context of a public hearing on a land use matter, a tie vote means denial of the project.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes, by the courts for the purpose of serving civil process and by the Governor for military purposes. In the time of public danger or emergency, the Mayor, with the consent of the Council, shall cause order to be maintained and enforce laws. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

8.2 Vice Mayor
H.3.b
Packet Pg. 177 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 16 The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Boards, Commissions, and Committees

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.

9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.

10. Ordinances

10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, if a resolution substantiating the urgency has been adopted first.

10.3 Ordinance Preservation
Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

H.3.b
Packet Pg. 178 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 17 11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Council members shall may elect to forward copies of emails they receive related to agenda items to the City Clerk, who will include such emails in the staff reports for relevant agenda items and/or forward the emails to the whole City Council, if doing so would not violate the Brown Act.

Emails sent to the whole City Council via a general City email address will be reviewed by the City Manager or his/her designee and forwarded to all Council members, if doing so would not violate the Brown Act.

11.1.2 Other Correspondence
Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
H.3.b
Packet Pg. 179 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 18 Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.

11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with state law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with state law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity). b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the H.3.b
Packet Pg. 180 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 19 need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.

12.5 Councilmembers Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Councilmembers according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

10. Transportation Safety Advisory Committee, Vice Chair Stand-by Councilmembers shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Councilmembers authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules

13.1 Suspension
H.3.b
Packet Pg. 181 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual) 20 Any provision of these rules not required by state law or the Orinda Municipal Code may be temporarily suspended by the Council.

13.2 Amendment
These rules may be amended by resolution of the Council.

13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
************************************************************************ 1733730.1
H.3.b
Packet Pg. 182 Attachment: City Council Policies Procedures Manual (Draft 2.20.2024) (3301 : Adoption of Updated Policy & Procedures Manual)