ORINDA 220 ORINDA WAY, ORINDA, CA 94563 Communications Received from the Public JULY2,2024 CITY COUNCIL MEETING STAFFADDITIONS Agenda Item Pages 1-9 11-39 Pages 40-41 42-44 45-47 Pages 48 Item D.3 Grant Update - Additional Material Item H.2 Crossroads Park - Additional Material TEMF2-INFRASTRUCTURESUBCOMMITEINTIALWORKPROGRAM Name Councilmember Iverson Shaheen Tonse Ruth Strauss Name Paul Reinman TEMH2-LEGISLATIVEADVOCACYSERVICES "ALIFORNIA VONSULTING /The State's Premier Grant Writing Firm 11C California Consulting holds ai monthly Zoom with City staff. Attendees from CA Consulting include our CEO Steve, Grants Manager David, Grant Writer Matt, and Management. Assistants Samantha and Clayton. Below is a sample agenda from a meeting held on June 3rd as well as a report that summarizes grant writing activities through June 30th. ALIFORNIA NONSULTING Thes State's Premier Grant) Writing Firm Monthly Meeting June: 3,2024 9:00am- 10:00am PST GREETING FUNDED City ofOrinda California Consulting MTCPriority Sites Submitted: 9/28/23 (Matt worked with Drummond to submit) Application Project: City nominated 3 sites - St. Mark's Church, St. John's Orthodox Church, and 2 BART: station parking lots - for Technical Assistance toj potentially develop these lots into affordable Award: All3 sites were designated priority sites. At the MTC Commission meeting on 12/8, the housing. Commission will decide on further (pre-development) specifics oft the award. Status: This is being handled by Robert Reber (Interim Planning Director) Submitted: 9/28/23 (Matt worked with Siva and Jihawna to: submit) MTCTechnical Assistance Application Project: City applied for technical assistance (TA) inj preparing to submit an Active Transportation Program (ATP)application: for Wildet/Downtown Class 1 Multi-use Path] Development Award: City was awarded $40,000 in' TA1 to prepare for an application for an. Active Transportation Status: Project was approved by the MTC Planning Committee on December gth. Jihawna is working Program grant. with PO. ADMINSTRATIVE WORK Matt Kamm and Douglas Alessio have submitted the final quarterly report for California State Parks grant for San Pablo Creek Project and are working to submit the final report to receive reimbursement of $125,000. We arel hoping to complete this process soon. PENDING CalFire: Wildfire Prevention Grant Expected Award Date: June, 2024 Amount: $552,396 Submitted: January 10th (Matt worked with James to submit) tps/ho.firscasvhanNNTns Purpose: Goat grazing as a means ofi fire fuel reduction at Orinda Oaks Park. Submitted: January 18h( (Matt worked with Siva and Jihawna to submit) CalTrans: Sustainable Transportation Grant Expected Award Date: June, 2024 Amount: $338,868 Orinda. Purpose: Plans for a 10 foot wide bicycle and pedestrian path from the Wilder Subdivision to downtown 1Page Z ALIFORNIA NONSULTING Thes Statek Premier Grant) Hriting Firm NOTE: The below applications were. submitted (with permission from the City Manager). for the 501c3 non-profit Fire Safe Moraga Orinda (FSMO). James Duff (with City) worked closely with. Marc. Evans (FSMO) and Matt Kamm (CA Consulting) to complete the applications. Submitted: January 10th (Matt worked with. James and Marc Evans to submit) CalFire: Wildfire Prevention Grant Expected Award Date: June, 2024 Amount: $166,500 htps/hn-fissasw.wldfireprsmtionsrants to remove vegetation on their property to ensure it is "fire safe." CalOES: State and Local Cybersecurity Grant Program Purpose: The grant will help FSMO to enact aj program whereby groups ofr residents will: receive services GRANTSTO CONSIDER Deadline: July 2024 (estimated) Amount: TBD Match: No Eligibility: "Local government" is defined in 6 U.S.C. $101(13) as: a. A county, municipality, city, town, township, local public authority, school district, special district, intrastate district, council of governments (regardless of whether the council of governments is incorporated as ai nonprofit corporation under state law), regional or interstate government entity, or b.* *An Indian tribe or authorized tribal organization, or in Alaska al Native village or Alaska Regional c.Arural community, unincorporated town or village, or other public entity. *Although tribes are not eligible to apply directly for SLCGP funding, they may be eligible subrecipients, and can receive SLCGP funding as al local government. Each individual SAA may determine whether and how much SLCGP funding toj pass through to tribal entities. DHS does not have the authority to mandate that a certain percentage of SLCGP funds are directed to tribal governments. Additionally, funding will be directly available to eligible tribal entities under the forthcoming Tribal Cybersecurity Grant Program, for which DHS will expects to publish the funding hlsa,itdNeN msememlhameimasauniEESNENeNmspumsatisanscurs-sas agency or instrumentality ofa local government; Native Corporation; and notice this year. Ineligible subrecipient entities include: a. Nonprofit organizations; and b.P Private corporations. program/ Status: When NOFOi is released, Matt will meet with Douglas Alessio. Building Resilient Infrastructure and Communities (BRIC) Deadline: July 2024 (estimated) Amount: TBD Match: 25% Eligibility: Local governments, including cities, townships, counties, special district governments, state agencies and federally recognized tribal governments (who choose to apply as subapplicants) are considered subapplicants. They must submit subapplications to their state, territory or tribal applicant agency. 2Page 3 ALIFORNIA NONSULTING Thes State's Premier Grant Hriting Firm Subapplicants must have al FEMA-approved local or tribal Hazard Mitigation Plan in accordance with Title 44 Code ofl Federal Regulations Part 201 by the application deadline. They must also have one at the time of obligation of grant funds for hazard mitigation projects and capability- and capacity-building activities. Hazard mitigation planning and planning-related activities, partnerships and building codes are exempt from thej plan requirement. Federally recognized tribal governments, submitting as subapplicants to a state or territory, are included in this Link: htpe.hos-Emaswlemntiahilasalmumilishsiorsmp.kx Purpose: The Building Resilient Infrastructure and Communities program aims to categorically shift the federal focus away from reactive disaster spending and toward research-supported, proactive investment in community resilience. Examples ofl BRIC projects are ones that demonstrate innovative approachesto For example, an innovative project may bring multiple funding sources or in-kind resources from a range ofprivate and public sector partners. Or an innovative project may offer multiple benefits to a community Through BRIC, FEMA continues toi invest in a variety of mitigation activities with an added focus on infrastructure projects benefiting disadvantaged communities, nature-based solutions, climate resilience exemption. partnerships, such as shared funding mechanisms, and/or project design. in addition to1 the benefit ofr risk reduction. and adaptation, and adopting hazard resistant building codes. OTHER CITYI NEEDS Per Todd Trimble, the City recently retrofitted halogen lamps tol LED on tennis courts. There isa much larger project which entail switching lights on 2 big athletic fields from halogen to LED. Per. James Duff, the City would like to explore grants that might fund a simulation table (sand table)? James had a "simtable" that was used in Austin and it was useful to show fire movement to small groups of people. phmsaimalkomsrchsnsmétman, Also he's run into quite ai few projects that would benefit from GIS work, soi if there is something that might fund a GIS contractor, he'd be interested. Clay did research. We don'tsee any applicable opps now. Need: more Utility undergrounding. Per Steve, no applicable opportunities right now. Matt/Clay will continue to research. Roads Storm drain needs Evacuation Climate change opps Advancing Wilder bike connection project Community Park Master Plan (will be completed inj phases). Pickle ball courts? (LWCF comes out ini mid-late 2025) Off-leash dog park, in case you run across anything for that. (LWCF in 2025) There is grant for dog parks. Matt will ask Michelle. Rotary committed $70,000 to dog park. Plan will be completed in Convert traditional drinking fountains at some of our playfields tol bottle fillers -1 to save water, next 60 days. decrease the use ofs single-use plastic water bottles, etc. Safe Routes to School. 3Page 4 ALIFORNIA NONSULTING Tes State's Premier Grant Writing Firm City ofOrinda Monthly Grant Report June 2024 (draft) GRANTS AWARDED Grant Name Metropolitan Transportation Commission (MTC) Technical Assistance Amount $40,000 Date Submitted 9/28/23 Date Awarded Project 11/1/23 City will receive $40,000in technical assistance to help in the preparation of an Active Transportation Program (ATP) application (to be submitted. in 2026) for Wilder/Downtown Class 1 Multi-use Path Development. John's Orthodox Church, and: 2 BARTstation parking lots - were deemed Priority. Sites and we are eligible for technical assistance and pre-development funding. Transit Oriented. Development at the Orinda BART: station MTC Priority Sites Technical Assistance and Other Assistance with Pre- Development $200,000 9/28/23 11/1/23 3s sites - St. Mark's Church, St. MTC Priority Development Area (PDA) of Parks and Recreation Specified Grant Cal Dep. Parks and Recreation Proposition 68 Per Capita (PC) Program Caltrans Local Road Safety Plan (LRSP) 2/23/23 6/9/23 Outlining a path forward toward California Department $125,000 7/22/22 12/6/22 San Pablo Creek Recreational Trail Assisted. Application $189,803 11/18/21 12/7/21 Project: Orinda Community Park Restroom Building $40,000 5/20/21 8/26/21 This grant will create a road safety plan that could identify future programs andj funding needs. To make the City eligible for future Caltrans grants. Total Funding Awarded: $594,803 5 ALIFORNIA ONSULTING /The State's Premier Grant Writing Firm City of Orinda Monthly Grant Report June 2024 (draft) GRANTS PENDING Date Submitted LC Grant Name Cal Fire Amount Project $552,396 1/10/2024 The Cityi is seeking. funding to support its Expected award date - June 2024 hazardous fuels reduction efforts to protect its people, structures, and community from fire damage througho a prescribed goat grazing program in Orinda Oaks Park and Open. Space (ie. Project will remove, firej fuels from dwelling units within the boundaries of the Moraga-Orinda Fire Protection District (MOFD) who need fuel reduction. planning phase of the Wilder/Downtown Class /Multi-Use Path Project - a proposed ten-foot-wide, paved mixed use path designed to provide. safe pedestrian and bicycle passage between the Wilder residential community and all of Orinda's Note: Total does not include matching Park). Cal Fire (FSMO) Expected award date - June 2024 $333,000 1/10/2024 The Residential Wildfire Defensible Space CalTrans Sustainable Transportation $338,868 1/18/2024 The City is requesting, funding, for the Planning Grant Program Expected award date - June 2024 resources. funds. Total Amount Pending $1,224,264 CURRENT GRANTS BEING CONSIDERED Grant Name Building Resilient Infrastructure and Communities (BRIC) CaloES: State and Grant Program Various Grants Deadline Tobe Notes The Building Resilient Infrastructure and Communities program aims spending and toward research-supported, proactive investment in Strengthen cyberinfrastructure and protect again cyber- announced toc categorically shift thej federal focus away from reactive disaster community resilience. Tobe Local Cybersecurity announced vulnerabilities. Exploring grants for pickleball courts and a dog park 6 ALIFORNIA NONSULTING The State's Premier Grant Writing Firm City ofOrinda Monthly Grant Report June 2024 (draft) GRANTS DECLINED Date Submitted IIC Grant Name 1. Forest Service, U.S. Department of Agriculture NOTE: Fire Safe Moraga Orinda, or FSMO (al local organization) submitted this with the support of the City of Orinda and the assistance California Consulting. Council Community Resilience Centers (CRC) Grant 3. California State Library Building Forward Library Infrastructure Program: Round Two 4. CalFire Wildfire Prevention Grants Program 5. California Department of Transportation ATP Cycle 6 6. California Department of Transportation ATPCycle 6 Commission ATP Commission ATP Amount (+$800,000 match) Project $1,050,000 11/2/23 The Moraga-Orinda Residential Defensible Space Project which will. significantly reduce the amount offre fuel in its service area by providing clusters of dwelling units (avg. 12 units per cluster) with the support necessary toc carry out localizedf fuel reduction projects. 2. California Strategic Growth $1,129,324 9/18/23 We had applied for a Development Grant to cover the cost of certain infrastructure improvements and chart a plan forj further improvements Orinda Community Center maintenance needs, improving energy efficiency, accessibility) for all patrons of the Orinda Library ino accordance with ADA guidelines. $2,028,767 Submitted This project was toj focus on addressing critical $1,014,383 on match $251,646 5/18/23 promoting sustainability, ande ensuring Submitted Proscribed Grazing Project On 3/15/23 $348,684 6/15/22 Safe Routes to. School- - Glorietta School Crossings Communities Communities Declined: 2/10/23 Declined: 2/10/23 Declined 10/22 Only Funding Underserved Declined 10/22 Only Funding Underserved $1,617,712 6/15/22 Camino Pablo Pathway Improvements 7. Metropolitan Transportation $348,684 6/15/22 Safe Routes to School - Glorietta School Crossings 8. Metropolitan Transportation $1,617,712 6/15/22 Camino Pablo. Pathway Improvements 7 ALIFORNIA VONSULTING The State's 's Premier Grant Writing Firm City ofOrinda Monthly Grant Report June 2024 (draft) 9. Caltrans Clean California Local Grant Program $363,033 1/27/22 Crossroads Gateway Mini Park beautification Project The project brings focus to the city's downtown Theater District combining artistic and landscaping beautification, pedestrian. safety and circulation elements. Declined. 3/7/2022. Declined 7/6/2022 10. California Department of Parks and Recreation Land and Water Conservation Fund (LWCF) 11. California Fire Safe Council 2022 State Fire Assistance Competitive Grant Program 12. California Governor's Office of Emergency Services 404 Hazard Mitigation Grant Program (HMGP) $700,000 1/24/22 Orinda Community Park $200,000 4/14/22 Project: Community. Fuel Mitigation Program Declined very limited funds Rolling Storm Drains Initially identified storm water funding source as not capacity adding; other opportunities for these projects being explored. Other less high priority storm drain projects being assessed for the possibility to include capacity additions.. Application; for generators was submitted to this) funding source as well. deadline projects determined to be ineligible fort this 13. USDA $551,545 10/5/2022 Project 1: Wildfire Education and Outreach Forest Service Community Wildfire Defense Grant Forest Service Community Wildfire Defense Grant Program Declined: 2/23 Declined. 2/23 14. USDA $618,009 10/5/2022 Project 2: Strategic Wildfire Planning ADDITIONAL GRANTS WATCH LISTS Emergency Preparedness State Home Hardening Grant program TBA For low and moderate-income households with an anticipated. January start date. Staff has regularly checked for any news on the start of this program and the parameters so this information can be shared with our residents when known. % "ALIFORNIA NNONSULTING Thes State's Premier Grant Writing Firm City ofOrinda Monthly Grant Report June 2024 (draft) 11C Soj far only pilot in aj few cities. Continue to look for updates on expansion. CalFire provides ongoing opportunities to meet a variety of fire prevention Amount: Not specified Eligibility: Fire departments and brigades, as well as national, state, regional, local, and community organizations. Supports a wide array of fire prevention, preparedness, and control efforts throughout the U.S. and internationally. Funded projects include pre-incident planning, fire and arson prevention andi investigation, andj fire prevention education and training programs. https://www.fmalob.com/dbout-us/our-businesiness/corporate- responsiblfy/m-glopo-firepreventonn-gront-progrom Wildfire CalFire Several Opps FM Global Fire Prevention Grant Program needs. Currently retooling grant program 9 Sheri Smith From: Sent: To: Cc: Subject: Attachments: David Biggs Tuesday, July 2, 2024 11:09 AM Sheri Smith Todd Trimble; Scott Christie 2022-02-18.Crossroads Park_65.pdf Supplemental Information Agenda Item H.2- Crossroad Park Mayor Gee had requested that staff provide any more detailed drawings for the planned improvements Ina addition, Council Member Riley asked for additional information on the factors that resulted in the costs increase since 2019 when the design was approved. Public works Director Scott Christie has to the Crossroads Park, ifany. Those are attached. shared: We had Gates, the designer, do an updated cost estimate last month, and update the design costs toc complete the design. We also asked the mosaic tile artist to update her cost estimate (and to include the ORINDA letters in tile also). Since 2019, here are the most significant reasons for the estimate increase: 1. Construction cost increases -1 the Cal. Const. Cost Index has increased by 40% 2. PGE restrictions on design - the main impact is no metal and that impacts the prior sign concepts, SO the committees supported a mosaic tile gateway sign. That requires a change in scope (for the support wall/tile backing) and the tile work itself (around 3. Design changes, re-start costs, etc. -1 impacts from PGE restrictions, and city instigated changes (i.e. project placed on hold due to funding changes/shortages etc.) $50,000) 1 8 Minl F . :aa a J. U. & 2 # imi .ahB HO4 LON NVIdDNIOVIO MHVd SOVOUSSO8O SaIMOOSSV:SaIVS ayoErooxoous sinitishédafnt.sineiaha e weailsthhtsal Pssisafealhsthina (3 BOs JON NVIAONIOVID MaVd SOvoUSSO8O S3IMIOOSSV S31VD zzoz/vVz Bepana0-a0-s ScvousSOa9 SOI A JOs NVJONIOVIO MHVd SOVOISSONO SBIVO QVOuC GOOMMOOUS 22X/2 OMONHISNOO BOJ ION/ NVI49NICV9 MHVd SOVOuSSO8O S3IMDOSSV +S3IVO Ovou GOOMMOOHE zih/z SAMOASSOOS SIOI-ShsIzmpeN I JOH LON ABVNIIT Bud NVdONIOVIO MBVd SOvOUSSO8O S3IMIDOSSV+ SEIVO aVou GOOMMOONE zo/z Z llnice OVOB GOOMMOO88 BBBBB 00E ) DD 00000DD pa 8 Inl GVOJ GOOMMOOUS 19 illn( OVOB GOOMMOOUS 20 SE ZI Mlil Bg31 W EE a R MDa 22 1 23 0 : 3 Y limee Se. HeRB-AHBE#aVRP & dssssssusslss XXWABXW#EW: EgEESSEEESEgS a W213333335521 0po0o O0 @ @G). @G @ e Has SaEbSKESaSSEES 24 : in 25 in 7h Timl deas S. N mmalamimsm.-aliawtaAasamaiaissat aah 1 hasa-mauwN---ah.asha.a- D Gpe46 333863 27 DMI 28 lin 29 Il @ 30 limn 000000000 0 31 lim 32 imn 900 00000000 33 la gh imnl AR3 II sR: ln i n Il 35 Ihi 000000 MDI 00000000 36 lin IA - 37 limhl # 8 2 11 38 lim 39 Sheri Smith From: Sent: To: Subject: Attachments: David Biggs Monday, July 1,202411:20A AM Sheri Smith BMI Draft Alt. List.pdf Agenda Item F-2- Infrastructure Initial Work Program Councilmember Iverson aske that we share the attached with her colleagues ini regard to thei item F-2on1 the Council agenda for tomorrow evening. Thanks, David 1 40 Possible Range of Alternatives Toapplyonasituation-specic basis, notjust one solution for everything Dor nothing No change, but with shared education/good facts/shared knowledge base. Same, but referrals to how to get cost estimates, find contractors, other how-to resources for Maintenance contract where city takes over road and/or drain maintenance with an arm's Private. assessment district or cost sharing structure- - neighborhood specific or sub-groups of similarly situated neighborhoods. City might advise on howt to form ànd provide support, City-created private assessment district that centralizes governance and work, but all costs Selective adoption of private roads into public system per 59-18, either ini its current form or Large-scale adoption of private roads and/or drains, ballot measure or similar public process private road owners. No help organizing. length contract role. but no direct role. passed through to landowners. with minor changes. to approve. 41 From: Sent: To: Cc: Subject: Attachments: Shaheen Tonse Sunday, June 30, 20242:30PM Sheri Smith Inga Miller; Darlene Gee; Latika Malkani; Brandyn Iverson; Janet Riley Addressing false assertions by the Private Roads Lobby Tonse Email City Council 07022024.pdf Dear Orinda Council, (cc Sherri Smith) Please find attached a 2-page PDF addressing assertions of the Private Road Lobby. Iwould also appreciate if this be included in the communications of the 2nd July 2024 7pm Council Meeting. Sincerely, Shaheen Tonse. 1 42 30th June 2024 Dear Council Members, The private road campaign is driven by many falsehoods. These have been repeated SO many times over the years that many unthinkingly accept them as the truth. After reviewing materials and Staff Reports from past Orinda council meetings (Apr,Jul, Sep 2018, Aug 2019) as well as my own research with the city's road map, lam addressing the quantitative ones. Other sociological ones are also used effectively to sway the public and generate sympathy, with IfIfelt that they were being treated unfairly Iwould be taking their side, not opposing them. While many private road owners are logical and play no part in this movement it is a shame that others feel unhappy even though there is no unfairness, as shown below. Falsehood "The public road residents use private roads": Out of 30 miles of private roads, 27 miles are cul de sacs. Only 3 miles are thru streets and of those, less than 1 mile is used by residents of public roads to get somewhere. (Ref Pg 90 of 10th Apr 2018 City Council Agenda) Falsehood "Private Road owners pay Measure R tax but get zero benefit": Since it is impossible to get to downtown without driving on a public road, why doi they make this claim? They argue that because Measure R pays for public residential roads and not for Arterials (Moraga Way, Camino Pablo) and Collectors (e.g. Glorietta, Rheem, Miner,--), then driving to downtown from a private road that opens onto an Arterial/Collector does not use Measure R funding. Icount 57 private roads that open onto Arterials/Collectors. But that still leaves 148 private roads (72%) that open onto public residential roads and SO do benefit from Measure R. Not only that, but since they are usually at the far end on a cul de sac, they benefit more than any household on the public residential road as they drive the full length. In short, we have people who use more than average of a resource, claiming that they don't use it at all. And are the 57 private roads that open onto Arterials/Collectors justified in claiming zero benefit?lcount 69 private road households that empty onto Moraga Way. Can the 176 households that actually live on Moraga Way claim they too pay Measure R tax but get no Falsehood "Resolution 59-18 Rules are unreasonable and draconian": At least Orinda has a path to make roads public. Lafayette and Moraga do not. Many complaints are based on the 16ft width requirement in Resolutions 59-18 (2018) and its predecessor 56-90 (from 1990). As far as catch phrases like "equality", "2nd class citizen" and "excluded." benefit? Where does this end? Ican determine, prior to 1990 there was no width requirement. 43 Roads built in the 1950s and 60s had DECADES to bring themselves up to standard and dedicate themselves to the County and later the City. Most did: these are public roads you: see today. Many made a conscious choice not to: these are the private roads you see today. In 1990 Resolution 56-90 imposed the 16ft width requirement. Any development after 1990 that had serious intent to dedicate its roads to the public after completion oft the road could, Falsehood "Private roads are very rare and Orinda is unique in the country": Referring to the 10th July 2018 City Council meeting Pg 164: "Staff outreached to all Cities in Contra Costa..Staff received. responses from Lafayette, Moraga, Pittsburg, Walnut Creek, and Martinez which confirmed their agencies do not have a policy fora acceptance... Generally the mileage of private roads in each of their jurisdiction varied greatly; but it was a typical range of 10% to. 20% of the 5 Marin towns with similar topography to Orinda also had private road funding issues. None of these towns accepted private roads. The 7th Aug 2019 Orinda City Council Agenda, has a Marin Independent Journal article attached, and quotes the PW Director of the town of Ross (Pg 21): "They subdivided and drew in roads in areas where it was impossible to create a true road to the town's standards, " Simonitch said. After the property owners built the roads, they offered to dedicate them to the town, but Ross declined to take responsibility, for maintenance because theyfailed to meet the town's standards, Simonitch said. "The town has no intention to accept them into our road maintenance system until somebody brings them up to the standard of a true, safe publicroad,"S Simonitch said. should and would have built with 16ft road width. total roadway network was comprised of private roads. " Falsehood "Orinda arbitrarily decides which roads are public and which are private": When the City was created the roads came in with the same public or private status they had under County governance. As mentioned earlier, they had had decades in which to dedicate their road tot the county or city. Some did not wish to become public. Many still do not. There are still many "Private Road, No Trespassing" signs, as is their right. Although Inoticed many signs conveniently headed to the landfill in 2018, around the time the private road business began. This matter has come up multiple times and been rejected. Much money and time spent. A perceived injustice based largely on a feeling of unfair taxation, a situation that absolutely does not exist for most private road residents and is debatable fori the remainder. There are private roads in many other cities yet Orinda is unique in repeatedly re-examining the issue. Ifitwas such a great idea others would be trying it too. Dr. Shaheen Tonse, Orinda. 44 Ruth A. Strauss, Esq. 5Ardor Drive Orinda, CA 94563 July 1,2 2024 VIA EMAIL Orinda City Council: c/o Sheri Smith, City Clerk smitnecdiydiorinda.og Dear Councilmembers Gee, Malkani, Miller, Iverson, and Riley: This letter supplements my letter to you dated. June 12, 2024 with four additional recommendations regarding the private roads situation: (1)geti informed consent before visiting or testing private roads; (2) tour the roads and see fory yourselves; (3) acquire a private road only if there is ac compelling argument for that specific acquisition (which would be rare); and (4) offer interested private roads stakeholders the opportunityt fori their neighborhood to elect to participate in a Community Facilities District ("CFD"). ACFD would provide an administrative and financing mechanism fort those neighborhoods that are having trouble maintaining their roads, without exposing the City to risks of ownership ori interfering with the rights of neighborhoods that wish fort their roads to remain private. Recommendation 1: Obtain signed inform consent forms and liabilitywaivers before engaging in investigations or surveys ofi individual private roads. Since private roads are private property, the Citys should consult the City Attorney regarding obtaining the written informed consent (after full disclosure of risks) of the owner(s) ofi interests in a private road before entering the private road to conduct studies or tests oft the private road's characteristics. Ifthe City uncovers material problems with ther road or adjacent property (drainage, slide risk, etc.)t then those problems would likely become disclosure issues for owners wishing to sell their property. Recommendation 2: Personallyi toura sampling of private roads. City Councilmembers are strongly encouraged to take a drive through Orinda neighborhoods containing private roads. Here are some personal observations regarding four categories from a recent tour: 1. Roads where it is visibly evident why the County (or subsequently the City) would not have accepted responsibility for them, if offered, such as the private roads int the El Toyonal area (incl. Alta Vista, Tres Mesas, and Dos Osos). These roads had steep inclines, narrow rights of way, dangerous curves, fire danger, etc.. We made it through. Alta Vista, but since we were in my new car, we decided not to try1 Tres Mesas and Dos Osos. Some ofthese roads may 2. Small private neighborhoods where owners appear content and privacy enhances home value (e.g., private Heather Lane near Glorietta School, and the Ardor Drive area off Moraga Way where multiple clearly marked private roads, along with two public roads, feed into have originated as unpaved country roads. public Ardor Drive). Page 1of3 45 3. Larger, post Prop XIII (1978) developments like Wilder, with excellent, self-contained infrastructure financed with special taxes or assessments reflected ini thet tax bills sent to property owners within the development. The infrastructure (including underground power lines) was fantastic. The cost ofa a single house in Wilder could well exceed the City's entire year end General Fund Balance. Two questions immediately came to mind: (1) "Why would the City seek greater responsibility for this well-maintained, isolated development?," and (2) 4. Roads like Oak/Barbaral in the Knickerbocker area that may have some of the types of problems in Item 1 (e.g. visible drop-offs in pavement and evidence of land movement), but also could possibly have some value toi the City ifthey are wide enough, can be made geologically: stable, and can serve as collectors, thoroughfares, or major alternate routes Inc conclusion, by driving through Orinda neighborhoods, one can understand the logic by which some roads were incorporated into Contra Costa County's public road: system (inherited by Orinda), while others were not (or werel later constructed withi thei intent that they remain private). Recommendation 3: Limit acquisitions to truly desirable roads; don't risk City solvency by allowing previously rejected roads, orroads that don't meet City/standards to be remarketed to the City asa package that includes better roads (it's like hiding subprime mortgages in a larger collateral pool). It appears that private road stakeholders in Category: 1 (roads with obvious problems), having failed in multiple prior attempts to convince the City to acquire their roads, now: seek tol bundlei their problematic roads with more attractive acquisition candidates to sell "private roads acquisition" asa There are two major problems with this. First, many private road stakeholders do not want their roads or neighborhoods to become public. Second, as we learned from the 2008-9 financial crisis, inserting sub-prime assets into al larger 'collateral pool" doesn't eliminate the risk-it can instead bring down the good with the bad, since the bad probably shouldn't bei ini the pool to begin with. A1 tour of Orinda's private roads demonstrates the diversity and individuality of each private road-there are obvious reasons to consider some and reject others. Consequently, private road acquisition should be considered like any other acquisition, based on1 the specifics of the road and the "Does anyone truly believe that these people require financial aid?" especiallyi in case of fire, flooding, or road construction. package deal, or even as a mission of the City. benefit tot the City and the public, and certainly not as a City mission. Recommendation: 4: Ifthere is sufficient volume, assist ini formation ofa CFD inwhich neighborhoods requringmaintenance or financing assistance can elect to participate.without forcing other neighborhoods to doso. Ifasufficient number of neighborhoods are willing to put some skin in the game to obtain maintenance or financial help (instead of merely seeking a private windfall int thet form of relief from taxes or maintenance obligations), then the City can help them create a CFD. ACFD can issue bonds, secured by specialtaxes paid by participating property owners, to finance and help administer infrastructure that primarily benefits select properties rather than the City as a whole. My understanding is that Orinda has previously helped form a CFD in which multiple electing neighborhoods Page 2 of3 7_1_2024 Strauss Ltrt to Council 400 wère ablei to participate (instead of a separate CFD fore each neighborhood, which might not be financially feasible.) Forming a CFD would (1) avoid City overreach into private neighborhoods that do not want their current situation interfered with, (2) eliminate from the private roads chorus those private roads stakeholders who do not actually require help, but are willing toj joint thel bandwagon fora tax break at City expense, and (3) provide a collective means of helping a group of people who may need help (by providing publici finance and group negotiating benefits) without placing the City at financial risk (or the City Council at risk of breaching its fiduciary duty). contact me using the information provided to the City Clerk. Thank you for consideration of the suggestions presented in this letter. Please do not hesitate to Very truly yours, /s/R Ruth A. Strauss Ruth A. Strauss, Esq. Page 30 of3 7_1_2024: Straussl Ltrto Council 42 Sheri Smith From: Sent: To: Subject: Paula Reinman Pauarenmanegmalcom Sunday, June 30, 2024:10:01PM Public comment for. July 2 City Council meeting City Clerk Dear City Council Members, lam happy to see the recommendation to hire Townshend Public Affairs to provide legislative advocacy services for the City of Orinda on the meeting agenda for this coming week. lappreciate the efforts oft the Ad Hoc committee that investigated alternatives and hope that the Council will vote It is more critical than ever, particularly with wildfire and fire insurance risks that Orindans face, for our voice to be heard at the state and regional levels and for us to be able to effectively make our case fori inclusion in key policy and funding decisions. A prime example is the latest program from the Department of Insurance designed to encourage insurance companies to write more policies in high- risk areas. The parameters for determining eligible participating zip codes unfortunately exclude Orinda and our residents will not benefit at all. Perhaps if some of the people shaping this policy understood the crisis that many of our residents face, the criteria might have been different. tor move forward with this agreement. Thanks for considering this. Paula Reinman 1 44