ORINDA  22 ORINDA WAY, ORINDA, CA 94563  Communications Received from the Public  JULY 16, 2024 CITY COUNCIL MEETING  STAFF ADDITIONS  Name  Pages 1  Item G.1 Supplemental Information  TEMFS-AMAPDOFONCAL SERVICES CONTRACTS  Name Nick Waranoff Name Margaret Stewart Yoni Mayeri Charles Porges Bob Finch Nick Waranoff Michelle Swaney Steve Cohn Leslie Rose Mitali Samanta Beth Bilotti Ellie McGinley Shaul Teplinsky Name Bob Finch Arlene Cohen Joel Libove Steve Cohn  Pages 2  EMH1-DOGPARKPCALEBALLCONCEPTUAL DESIGNS  Pages 3 4 5 6 7 8 9 10 11 12 13 14 Pages 15 16 17 18  TEMH3-PRIVATESTORMDRAINMAPPING    EMH4-PRVATEROADSPAVEMENTASSESSMENT  Name Carol Kerr Tim Hyden Joel Libove Steve Cohn Kathryn Ischinger Joe Bauman  Pages 19 20 21 22 23 24    From: Sent: To: Cc: Subject:  David Biggs Sheri Smith  Tuesday, July 16, 20242:34PM  Darlene Gee; Latika Malkani; Brandyn Iverson; Inga Miller; Janet Riley FW: Park Dedication Fees Info Agenda Item G.1 Supplemental Information  Council Member Iverson had asked for additional information in regard to the Park Dedication Fee which Doug  Alessio has provided below.  Regards,  David Biggs City Manager  From: Douglas Alessio DAtsoPdtyoonmaaor Sent: Tuesday, July16,2024227PM To: David Biggs Daesedydornoaop Subject: Park Dedication Fees Info  Parkl Dedication Fees are Quimby Acti fees and require no nexus study and follow prescribed state law.  Chapter 3.28- - PARK DEDICATIONS AND IMPACTI FEES  408B0 8BB8 seeE 6  Sections: Article1.-General 3.28.010-Authorlty,. police power. (Ord. 05-0652Exh. AC (part)  This artidei is enacted under California Government Code Section 66000 et seq. (thel Mitigation Fee Act). Section 66477 (the Quimby Act), andt thec city'sgeneral  8. Average Fair Market' Value. The average fair market value of property in Orinda shall be:  1. That shown in the base appraisal report ofr representative properties in Orinda expressed in an averi Rinehart for the city of Orinda seven hundred sixty thousand five hundred dollars ($760,500.00); 2. Adjusted annually by reference to the average increase or decrease in the price of residential real pr source typically relied on by the Contra Costal County real estate nousy.brsuctimtematen  We utilized data reported by "Contra Costa Association of Realtors".  Douglas Alessio  Assistant City Manager /Administrative Services Director    From: Sent: To: Subject:  Nick Waranoff Thursday, July 11, 20243:15PM Sheri Smith CA  Agenda F3 2024/07/16 07:00 PM City Council Regular Meeting Web Outline Orinda,  Need to require billing in quarter hour increments or less hitplorindacaigm2.comCtgensDaal.Mestingaspx7D-284  Nick Waranoff  2    From: Sent: To: Subject:  Margaret Stewart Friday, July 12, 20245:17PM Sheri Smith July 16 dog park  Good afternoon!  We're Orinda residents who have always had dogs. We'd love to have an off-leash dog park somewhere in Orinda, and Orinda Oaks would be a good location. Our dogs live very sheltered, leashed lives in Orinda, and unless they're taken to an East Bay Regional Park, there is no way to Our Next Door feed featured a post about the cost, and several folks agreed with poster Nick Warnoff that a dog park would be too expensive. We realize Orinda doesn't have a lot of spare money for amenities like this, but as childless homeowners, we've been happily paying taxes for our schools for  socialize and play with other dogs in or close to town except on private property.  the 30 years we've lived here, and this would be a small perk for our dogs.  Thanks for considering this dog park!  Sincerely, Margaret Stewart Severin Borenstein Ardilla Rd. Orinda, CA 94563  1  3    From: Sent: To: Subject:  Yoni Mayeri- Sheri Smith Dog park  Saturday, July 13, 2024 11:16 AM  Please don't spend any money on a dog park in Orinda. It is totally unnecessary and a waste oft the city's budget. We have much bigger issues to address and to spend 3/4 of million dollars (and you know it'll be $1 million before it's actually done ) on something like a dog park seems foolish.  Yoni Mayeri Orinda  Photographer, Phoneograpner, Educator  1  4    From: Sent: To: Subject:  Charles Porges Sheri Smith  Saturday, July 13, 2024 12:58 PM Public comment on H.1 for the council  Councilmembers,  $886k (to $974k) for a pickleball court and $705k (to $775k) for a dog park. Total $1.7  million. : You must be kidding.  We have much higher priority issues to deal with - that will benefit all Orindans. For instance items H.3 and H.4, which Is strongly recommend, and which will prevent some floods, landslides and lawsuits. You also have a duty to protect residents from fires.  Thank you, Charles Porges  5    From: Sent: To: Subject:  Robert Finch Sunday, July 14, 20241:30PM Sheri Smith was for Agenda Items H.3 and H.4)  Sheri - please distribute and place ini the Public record for Agenda item H.1 (prior letter  City Council Members -lam writing in regard to January 16, 2024. Agenda Item H.1. Ithink that it would be very nice tol have a City Dog Park and Pickle  Ball Court.  Ifindi itv very surprising that the City of Orinda proposes funding these amenities for amounts initially in excess of $1,750,000 when residents have had a steep, uphill battle over more than 7 years to have the City approve funding a P-TAPfort the entirety ofi its roads, public and private, and a comprehensive study of the condition and mapping ofi its entire storm drain infrastructure, public and private, which data are essential for any cityto  have on hand, at. a minimal fraction oft that cost.  Surely, if the City Council votes to move forward oni funding these nice-to-have' amenities, it will also vote to approve, at a small fraction of that cost, the data collection efforts seti forth in Agenda items H.3 and H.4.,that are the necessary predicate tot the provision of basic essential services consistent with the City Council's fiduciary duty owed to its  residents.  Thank you. Bob Finch  1  lo    From: Sent: To: Cc: Subject:  Nick Waranoff  Monday, July 15, 2024 10:46. AM Sheri Smith; Todd Trimble  Darlene Gee; Latika Malkani; Inga Miller; Brandyn Iverson; Janet Riley  Agenda July 16, 2024 Item H.1 - pickleball courts  Isupport the proposal. Other tennis and pickleball players with whom Ihave spoken also  support the proposal, at least in concept.  Ibelieve the cost can be substantially reduced. We are basically talking about installing the equivalent of one or two tennis courts. "On average, in California, you can expect to pay somewhere between $25,000 and $150,000 to install a new tennis court." htps.apatiwvemsealeulaiemdmolsistenisomtemisoutsansinuctionsompanie:  californial We don'tneed the Taj Mahal. Here are some possible areas for cost reduction:  1. Professional fees are estimated at 10%. We don'tneed construction documents. Just use 2. Design contingency 20%. Not sure what this is, but if we eliminate professional fees, this  the sketch to obtain bids. presumably disappears.  3. Landscaping is close to 10%. Not sure why this is needed.  Nick Waranoff  1  7    From: Sent: To: Subject:  Michelle Swaney Monday, July 15, 202411:50A AM City Clerk In Support of an Orinda Dog Park  Dear Orinda City Council Members,  Iwas sO pleasantly surprised to hear that Orinda is pursuing plans to build an off leash dog park at the Orinda Oaks Park. I'd like to express my enthusiastic support of this project. Iwould be so grateful to have a place where my pup could get her much needed exercise and socialization, and where Icould enjoy time with my Orinda neighbors. Ican'tthink of a better use of public funds toi improve our  community. Sincerely, Michelle Swaney ELToyonal Orinda CA  1  8    To: From: Subject: Date:  Orinda City Council Steve Cohn July 16, 2024  Public Comment Agenda Items H.1- Dog Park and Pickleball Courts  lobject to the idea that the city spend $1.75 million of tax payer dollars on these amenities at this time, in addition to the staff time and on-going maintenance which has not been quantified.  The city has bigger problems, namely its essential services.  The city is still at an extreme risk of destruction by wildfire, notwithstanding all of the accolades that "we" are doing a great job. Our property insurers, experts in risk management, are fleeing in droves. The state's "last chance" insurance program, the FAIR plan, which does model wildfire risk, is charging three times what the (remaining) commercial insurers are charging. An independent fire risk professional and fuel mitigation specialist have estimated that, after three years of "trying", Orinda still has over ten million dollars of high-risk vegetation that needs to be Ift the city has $1.75 million available, it should be spent on wildfire fuel mitigation, not dog parks Ifp people really wanted either, maybe a private fund-raising campaign could be made for the construction with the city donating the land and on-going maintenance. Ibelieve Orinda Oaks Park land was obtained with private donations and Iknow the Moraga skateboard park was  removed. Neither Orinda nor MOFD is doing this. or pickleball courts, as fun as they may be.  funded privately.  Please put this topic aside and focus on essential services.  9    From: Sent: To: Subject:  esleirose@yahoo.com Monday, July 15, 2024 11:09F PM Sheri Smith  Agenda July 16, 2024 Item H.1 pickleball courts  Isupport the proposal. See below...  Leslie Leslie Rose  From: Nick' Waranoff waranoteromcastne Sent: Monday, July 15, 202410:46AM  To:' 'Darlene Gee' Ogeeectyoornaag? 'Latika Malkani' malsnespoornsoi" 'Inga Miller' Milerecholonedp? Brandyn Iverson MerenedodboneaP, Janet Riley rleyectyoorindaor Cc:' Sheri Smith' simthecbpoornoadp" 'Todd Trimble' timbeecolomeor  Subject: Agenda July 16, 2024 Item H.1 pickleball courts support the proposal, at least in concept.  Is support the proposal. Other tennis and pickleball players with whom Ihave spoken also Ibelieve the cost can be substantially reduced. We are basically talking about installing the equivalent of one or two tennis courts. "On average, in California, you can expect to pay court." hupsyiportsvenuecaleulaorcomAnolalisetemisounlemisscourtéconstrnction:  somewhere between $25,000 and $150,000 to install a new tennis companies-calfomia We don'tneed the Taj Mahal. Here are some possible areas for cost reduction:  1. Professional fees are estimated at 10%. We don'tneed construction documents. Just use 2. Design contingency 20%. Not sure what this is, but ifwe eliminate professional fees, this  the sketch to obtain bids. presumably disappears.  3. Landscaping is close to 10%. Not sure why this is needed.  Nick Waranoff  1  10    From: Sent: To: Subject:  Mitali Samanta mtaidentstegmalcom, Monday, July 15, 202412:14PM  City Clerk Dog park  Dear city council members, Flive in Orinda, close to Wagner Ranch.  Ithink that iti is such a great idea to build a dog parki in Orinda. The population of dog owners has gone up during the pandemic. There is a clear need and this will benefit sO many Orinda residents.  Thanks, Mitali  1    From: Sent: To: Subject:  Beth Bilotti Ddbioti@gmai.com> Monday, July 15,20241238PM Sheri Smith Agenda July 16 for dog park  We think this is a ridiculous use of city monies, if you build any park it should be for humans.  Rick and Beth Bilotti Irving Court Sent from my iPad  1  12    From: Sent: To: Subject:  Ellie's Gmail ellekngntegmal.com, Monday, July 15,20243:26PM Ins support of an Orinda Dog Park  City Clerk  Dear City Council Members,  lam thrilled to hear that Orinda is considering plans to build an off-leash dog park at the Orinda Oaks Park. I'd like to express my strong support of dedicating public funds toward this project. Orinda is sorely in need of a place where dogs can socialize and exercise off leash, and where dog owners  can build community. Sincerely, Ellie McGinley La Noria, Orinda Sent from my Phone  1  13    From: Sent: To: Subject:  Shaul Teplinsky shaulke@gmal.om> Monday, July 15, 20245:19PM In Support of an Orinda Dog Park  City Clerk  Dear Orinda City Council Members,  Iwas happy to heart that Orinda is pursuing plans to build an off leash dog park at the Orinda Oaks Park. I'd like to express my full support of this project. It will be great to have a place where my dogs could get their much needed exercise and socialization, and where Icould enjoy time with my Orinda neighbors.  Ican't think of a better use of public funds to improve our community.  Sincerely, Shaul Teplinsky Wild Rye Way Orinda, CA  1  14    From: Sent: To: Subject:  Robert Finch Sunday, July 14, 2024 1:25 PM Sheri Smith  Sheri - please distribute and add to the Public Record. Thanks. Bob  City Council Members - lam writing in connection with the January 16 Regular City Council Meeting Agenda Items H.3 and H.4i in support of approval of both the pavement management assessment of private roads (approval oft the Harris and Associates contract) and approval of soliciting proposals for a comprenensive. study and mapping of the City's public and private stormwater drains. The historical fact that Orinda inherited its infrastructure (almost 40 years ago) does not obviate the fact that Orinda, just like any city, mustt take all necessary: steps tol have a comprehensive inventory and map of all ofi its infrastructure.  Every city council, including Orinda's City Council, has a fiduciary duty toi its residents to obtain this data and to update  itregularly.  The first step toward fulfilling this basic obligation of any cityi is to take all necessary: steps toward obtaining a P-TAP ofits roads, public and private, and a comprenensive. survey ofi its storm drains, public and private, as these assets all constitute lurge the City Council to approve both of these important  one integrated city infrastructure system.  measures.  Bob Finch  1  15    From: Sent: To: Subject:  Arlene Cohen Monday, July 15,20249:41AM Sheri Smith Private Roads  The drainage issue is critical. Ilive in a house and on a street that endures massive water flows from homes that sit on a public road. The water flows thru my property. Itis a winter nightmare every time itrains. My husband and I have to be on guard all winter for clogs and flooding on our property if the drain above our house gets clogged. The water comes from Diablo View Road homes...a public street. None of the water comes from our property or Canyon View Drive homes. The culvert serves  ap public road. Thank You, Arlene Cohen Canyon View Drive Sent from my iPhone  The City of Orinda needs to investigate this unfair burden.  Also, all Orinda homes and properties should be equal. That what makes a city!  16    From: Sent: To: Cc: Subject:  Joel Libove Monday, July 15, 20249:34AM Sheri Smith Barbara Libove  Agenda Item H.3.of July 16 City Council Meeting  Dear Mayor Gee, Vice Mayor Malkani, Council Members and Staff,  As a 30-year Orinda resident, and as an engineer for 50 years, Istrongly support the solicitation of Studying the interconnected combination of private and public drains in an integrated manner will help identify system-wide infrastructure weaknesses and hazards, and enable us to develop prioritized plans tos strategically and economically bolster our entire infrastructure to make Orinda a safer place for 100% of our residents to own homes. Public-to-private. and private-to-puDuc water flow affect land stability for residences on all roads and associated residential properties. By ultimately moving toward a single publicly maintained drainage and ansporastonmrasincur, we will also likely qualify fora al larger impact fees, higher return-to-source funding, additional grant monies and, ini the case of disasters, potential FEMA reimbursement eligibility without the precarious 20% geographical coverage gaps we currently subject ourselves to, for this critical safety net that all residents pay for with our taxes. Ona a related subject, it was pleasing to see the earnest discussion on, grants during a recent City Council meeting. Myl brother, who is a Civil Engineer at NYSDOT, has suggested we explore, for long- term hardening our drainage infrastructure, the relevant infrastructure hazard mitigation funding sub- categories within FEMA's HMA programs Hazard Mitigation Assistance Program and Policy Guidel FEMA.gov. These include BRIC, FMA, HMGP, PDM, for which municipal governments are among the eligible candidates fori funding. Additionally we might explore Safeguarding Tomorrow Revolving Loan Fund (RLF) which is not a grant, but is instead a new loan for disaster resilience programs, as its interest rates are far lower (<1%) than conventional municipal bond interest rates, and may be a more cost- Ibelieve that proceeding oni item H.3 represents a first step in Orinda becoming a more resilient community, to the benefit of all ofi its residents. This will undoubtedly pay back int the form of reduced unreimbursable losses ini the long run as we weather severe storms and other challenges in the years  proposals to mapi the entirety oft the Public and Private Storm Drain System (H.3.).  efficientmethod of financing future community resiliency enhancement projects.  and decades to come. Respectfully, Joel Libove, Ph,D. Canyon View Drive, Orinda  p.s. regretfully am unable to attend this meeting in person due to heavy workload the next morning,  coupled with this Agenda Item being somewhat late ini the schedule.  17    To: From: Subject: Date:  Orinda City Council Steve Cohn July 16,2024  Public Comment Agenda Item H.3- Storm Drain Survey  Isupport the Infrastructure Committee's recommendation to complete a comprehensive Water flows downhill. It does not respect property lines. Currently the city's storm drain "system" is a hybrid of public, private, and missing storm drains. With the increasing probability ofi intense rainfall due to global warming, the likelihood of disaster is also increasing. Not only does this pose an increased risk to residents' property and wellbeing, but an increased probability of legal liability to the city from water collected on Orinda's 93 miles of public streets and being improperly "disposed of". The city needs to be aware oft the risks. Years ago, before Orinda incorporated, a unified sanitary sewer system was put in place. It goes across public and private property seamlessly. Having the same for the storm water system only makes sense. Most of the parts are probably already in place. The city just needs to know where they are, what condition they are in, and where additional components should be  mapping of public and private storm drains.  added.  Please approve the Infrastructure Committee's recommendation.  18    From: Sent: To: Subject:  Carol Kerr Sunday, July 14, 20242:38PM Sheri Smith  Fair Road Funding agenda items H.3, H.4- 7/16 City Council meeting  Orinda City Council  Isupport the efforts of the Orindans for Fair Road Funding. The City of Orinda should maintain the Ihave lived in Orinda for over 60 years on a privately maintained road, Hilldale Court. Hilldale Court borders the open space that connects to Wilder. Orindans need Hilldale Court, in case of wild fire. Emergency crews NEED access to all possible points that border open space. The City should maintain our road. lam sure that there are other "private" roads in Orinda that are similar to Hilldale lam asking that the City Council strongly consider funding studies of Orinda roads and storm drains. The City of Orinda needs to maintain ALL Orinda roads for the safety of ALL Orindans.  currently private" roads in our City.  Court, in that the City of Orinda needs these roads for safety.  Carol Kerr  1  19    From: Sent: To: Subject:  Tim Hyden Sunday, July 14, 20242:47PM Sheri Smith  July 16 City Council meeting; funding survey of all Orinda roads  Dear City Council:  lam an Orinda resident (and have been for 27 years) and own real property on a private road. lam strongly in support off funding the survey of all Orinda roads (I Items H.3 and H.4) for purposes of investigating including  maintenance of private roads along with the current maintenance of public roads.  Thank) you-Tim Hyden  Lal Encinal Orinda  Timothy M. Hyden Hyden-Zakheim, LLP San Ramon, CA 94583 925-831-0636  2333 San Ramon Valley Blvd., Suite 350  We moved!! Hyden Zakheim, LLP is excited to announce that we have relocated to a nearby, newly renovated office space. Effective May 6, 2024, our new address is 2555 San Ramon Valley Blvd., Suite 350, San Ramon, California, 94583. All other contact information will remain the same. Please update your records with our new address for Statement of Confidentiality: The contents of this e-mail message and any attachments are intended solely for the addressee. The information may also be confidential and/or legally privileged. This transmission is sent for the sole purpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction, or dissemination of this transmission is strictly prohibited. Ify you are not the intended recipient, please immediately notify the E-mail is covered by the Electronic Communications Privacy Act, 18 USCS SS2510-2521 and is legally privileged.  future reference.  sender by reply e-mail and delete this message andi its attachments, ifany.  1  20    From: Sent: To: Cc: Subject:  Joel Libove Monday, July 15,2024935AM Sheri Smith Barbara Libove  Agenda Item H.4. of. July 16 City Council Meeting  Dear Mayor Gee, Vice Mayor Malkani, Council Members and Staff,  Isupport a Pavement Management Technical Assessment of Private Roads (H.4), following the same criteria and methodology used in the MTC P-TAP. Just as is the case for public-classified roads, private roads are an equivalent part of the traffic flow and egress-path network in the community, and many contain integral drainage structures that carry public water. Also, severely degraded pavement (e.g. fissuress, alligator cracking, depressions, upheaval, or pavement separation between road-bed and gutters) can allow water ingress, resulting in saturation of the soils below, and creating the potential for slope failures affecting both the road and adjacent properties. Low P-TAP scores can serve as a more formal classifier of those roads in need of Studying the interconnected combination of private and public roads is an initial step toward a publicly maintained community infrastructure, with potentially larger garbage impact fees, higher return-to-source funding, and a larger percentage of Orinda's roads becoming eligible for potential  pavement remediation.  FEMA disaster reimbursement eligibility.  Respectfully, Joel Libove, Ph,D.  Canyon View Drive, Orinda  1  2)    To: From: Subject: Date:  Orinda City Council Steve Cohn July 16, 2024  Public Comment Agenda Item H.4- Private Road Survey  Isupport the Infrastructure Committee's recommendation to appropriate $30,000 from Measure Rf fund to undertake a pavement management technical assessment of private roads. Ihave been involved with Orinda's road "issues" since the delivery of the "original" Infrastructure Committee's report in 2006. Thave been attempting to get the privately maintained roads, home to over 20% of Orinda, to be considered as equals for almost 20 years. While the topic was discussed by the CIOC and the Council vigorously from 2017 through 2019, the discussion came to a halt when Public Work's Director Larry Theis told the Council it could cost upwards to $25 million simply to bring the roads up to 'standards", which was then a minimum PCI of50. The problem with this estimate was it was based on no data other than the cost to the city to rehabilitate the 64 miles of publicly maintained residential streets which had been neglected by the County before Orinda was incorporated in 1985 and then further neglected by the City until Itwill obviously cost money to provide public maintenance to those private streets that wish to provide public access and become part of the public road system. There will be deferred maintenance to bring some of them up to a reasonable standard and then there will be on-going maintenance expenses (which would be partially offset by additional revenue from county The big unknown is the deferred maintenance. For this, a survey of street conditions (PCI) is required, which is what the Infrastructure Committee is asking the Council to fund. There is broad public support for bringing private streets into the public domain. In the 2020 survey held prior to the vote for Measure R, this support was measured. When asked if they would support an undetermined special tax to "generate funding to repair and accept ownership of private roads into the City's publicly maintained road system", 46% said they would. When the question was modified to say it could cost up to $25 million, the support went down to 37%, however what "$25 million" meant to the individual taxpayer was not provided. What if the question had been "it could cost $600,000 a year to maintain these roads, costing the average homeowner $85 a year or 25 cents a day"? Would the support have been greater than or less Please move the process forward to determine what it really will cost to maintain anyone's road  the voters approved $45 million in road bonds in 2014 and 2016.  return-to-source and garbage impact fees, which could be substantial).  than 46%? Might a majority have agreed? Ibelieve it would have.  that desires to be provided this essential service.  22.    From: Sent: To: Subject:  Kathryn Ischinger kathrynischinger@gmai.com> Tuesday, July 16, 2024 1:12PM Sheri Smith ORINDA ROADS  Ibelieve that all roads in Orinda should be equally maintained regardless of whether they were built  using private funds or whether they were built with public funds.  Kathryn Ischinger Aqua Vista Orinda  1  23    From: Sent: To: Subject:  Joe Bauman spbauman@gmal.com> Tuesday, July 16, 20242:26PM Council Infrastructure Committee  City Clerk  lwould like to submit the following comment for consideration by the Council Infrastructure  Committee and, ifrelevant, the Clty Council as a whole. My name is Joe Bauman and I live at 9 Tappan Way in Orinda. the road maintenance fee paid to the City by Republic Services.  lam writing concerning an aspect of the treatment of Orinda private roads, specifically with regard to All streets in Orinda are subject to wear and tear caused by Republic Services vehicles traveling on them weekly. My understanding is that the City of Orinda is paid by Republic Services for such wear and tear based on the public street mileage (a road maintenance fee) and that the proceeds are used However, the private roads are also subject to Republic Service vehicle wear and tear, but are not included in the payment formula. Private road residents pay the same Republic Service fees as residents living on public streets and incur wear and tear directly from the Republic Services vehicles, but get none of the supporting benefits received by the residents on public streets. My suggestion is that the Clty review the road maintenance fee formula and and should the formula ALL Orinda residents deserve equitable treatment in this aspect of the Clty's revenue and expense  too defray the cost of maintaining the public streets.  not include private roads an adjustment should be made.  budget. Regards, Joseph Bauman Tappan Way  24