SPECIAL MEETING CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION AGENDA Tuesday, November 20, :30 P.M.

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1 **LOCATION OF MEETING ** SARGE LITTLEHALE COMMUNITY ROOM 22 ORINDA WAY CITY OF ORINDA 22 ORINDA WAY ORINDA, CA (925) SPECIAL MEETING CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION AGENDA Tuesday, November 20, :30 P.M. A. Call to Order B. Roll Call (5 Minutes) Commissioners: Walter Bell, Dennis Fay, Jud Hammon, Robert Hubner, Bill Hurrell, Terry Murphy, Richard Nelson C. Pledge of Allegiance D. E. Adoption of Agenda Public Forum The Public Forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the Commission that does not appear on the agenda. A speaker has the option of addressing an item listed on the agenda if the speaker will not be present when that item is taken up. Public comment is generally limited to 3 minutes per speaker. If you would like to speak during the Public Forum, or on any item listed on the agenda, you are invited to submit a Speaker Card. The optional information you provide on the Speaker Card is made available for public inspection upon request and is subject to disclosure. You will be permitted to speak even if you decline to submit a Speaker Card. F. Citizens Infrastructure Oversight Commission (CIOC) Meeting Minutes (5 Minutes) October 10, 2018 Recommendation: Approve G. H. I. J. K. L. Discussion Correspondence to City Council on Process Approving Private Road Policy on September 4, 2018 Discussion 2018 Road and Drainage Plan Status and Next Steps Discussion CIOC To Do List of Future Projects Staff Updates (10 Minutes) 1. Update Public Information and Outreach 2. Update 2018 Pavement Rehabilitation Project 3. Update 2019 Pavement Rehabilitation Project Matters Initiated Consideration of matters Commissioners wish to initiate for placement on a future CIOC agenda Adjournment The next regularly scheduled CIOC meeting is December 12, 2018 I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this agenda has been posted at least 72 hours in advance at the Orinda City Offices. Additional copies are available at the Orinda Library, the Orinda Community Center, and on the City s website at Sheri Marie Smith, City Clerk ~ Accessible Public Meetings ~ The City of Orinda will provide special assistance for individuals with disabilities 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 or or ssmith@cityoforinda.org with the following information: Name, mailing address, phone number and type of assistance requested.

2 CITY OF ORINDA CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION MINUTES Wednesday, October 10, 2018 A REGULAR MEETING OF THE CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION (CIOC) WAS HELD ON THE ABOVE DATE IN THE SARGE LITTLEHALE COMMUNITY ROOM, 22 ORINDA WAY, ORINDA, CALIFORNIA. A. CALL TO ORDER Vice-Chair Hammon called the meeting to order at 6:30 p.m. The following documents were provided at this meeting: 1. Network Summary Statistics, by Paving Program Project Manager Khorashadi, dated October 9, City of Orinda Arterials/Collectors Street List, by Paving Program Project Manager Khorashadi, dated October 9, Average Cost of Full Depth Reclamation, Overlay and Slurry Seal in Orinda, by Paving Program Project Manager Khorashadi, dated October 9, 2018 B. ROLL CALL COMMITTEEMEMBERS: Walter Bell, Dennis Fay, Jud Hammon, Robert Hubner (absent, excused), Bill Hurrell, Terry Murphy, Richard Nelson City Staff: Director of Public Works and Engineering Services Larry Theis; Paving Program Project Manager Farah Khorashadi C. PLEDGE OF ALLEGIANCE led by Commissioner Murphy D. ADOPTION OF AGENDA MOTION: By Commissioner Murphy, seconded by Commissioner Nelson, to adopt the agenda. The motion carried by unanimous voice vote. E. PUBLIC FORUM - None F. CITIZENS INFRASTRUCTURE OVERSIGHT COMMISSION MEETING MINUTES Approval of the CIOC Meeting Minutes of September 12, 2018 Vice-Chair Hammon read the following paragraph from the September 12, 2018, meeting minutes: Commissioner Nelson noted that 71% of Orinda residents voted for the bond measures which funded the Paving Project and he recommended that the narrative be more broadly disseminated in acknowledgement of what has been accomplished with thanks expressed to the residents of Orinda. He suggested perhaps a celebration should 1

3 be planned at the end of next year. Vice-Chair Hammon inquired whether City staff had brought this suggestion forward to the City Council. Paving Program Project Manager Khorashadi advised that she had not discussed the suggestion with the City Council; Commissioner Nelson s proposal had been documented in the meeting minutes. Commissioner Nelson stated that it would be appropriate for the CIOC Chair to engage the Mayor and make such a recommendation; they should all celebrate their success together. Director Theis suggested contacting Councilmember Gee, the City Council Liaison to the CIOC. Commissioner Murphy stated that this proposal could be discussed with the City Council at the next joint meeting. Vice-Chair Hammon also referenced a statement by Finance Director Paul Rankin on Page 2, Item G, reading: His intention was to review the June 30, 2017, report at this meeting and within the next six months to present the audit for June 30, Vice- Chair Hammon noted that he would like Finance Director Rankin to ensure that this objective is met; a meeting should be scheduled by the end of the December; a good idea would be to have Director Rankin attend the November CIOC meeting anticipating that a delay until December may be necessary, which would still lie within the six month window. Director Theis requested feedback/comments from the Commissioners on Item I-2 and asked what information the Finance Director could provide as a report. Vice Chair Hammon commented that Director Rankin had provided a report at the last CIOC meeting and may not be able to prepare additional reports due to limited staff time. Commissioner Nelson noted that the Commissioners had agreed with staff in the past to create a Management Report; following considerable discussion, that report was created and placed on the City website; however, it has not been updated for two years and currently he cannot find it on the website; at the last meeting he had requested that it be updated; he offered to update the report if the City would provide him the data; the meeting minutes referenced this report as an Executive Summary, which he believes to be too broad a description; he asked that his previous comments regarding this matter be documented in the September minutes; it is vitally important to have the Management Report when the City goes back to the public for additional funding Vice-Chair Hammon stated that meeting minutes should include the report prepared by Finance Director, Paul Rankin. 2

4 Paving Program Project Manager advised that following approval of the September minutes, City staff will post meeting minutes and the reports distributed in the meeting on the website. MOTION: By Commissioner Murphy, seconded by Commissioner Nelson, to approve the meeting minutes of September 12, 2018, as amended. The motion carried by unanimous voice vote. G. DISCUSSION PAVEMENT REHABILITATION PROJECT ARTERIAL AND COLLECTOR STREETS Paving Program Project Manager Khorashadi distributed City of Orinda Arterials/Collectors Street List. Vice-Chair Hammon requested a status report for the upcoming 2019 Pavement Rehabilitation Project. Commissioner Nelson also requested a review of what is included and the schedule for the project. Commissioner Murphy commented that any remaining funds will be confirmed by the end of the 2019 Pavement Rehabilitation Project; there are several projects that have yet to be addressed financially that will need to be done at some point. Vice-Chair Hammon questioned whether the Roads and Drainage Repairs Plan will be brought back to the CIOC and if revisions would be necessary. Director Theis advised that Miner Road was part of the 2018 Arterials and Collectors list; staff had shortened the project limits because shoulder widening was included with the project; the City could only fund Miner Road, from Camino Pablo to Camino Don Miguel; the section of Miner Road, from Camino Don Miguel to Lombardy Lane, and the other additional sections were not included; staff is going to the next City Council meeting to request the contract be awarded; four bids were received, with the low bid of $777,371.0 from Ghilotti Construction, which was over the amount the City had allocated for this project; the City has to add an additional $30,000 from the Gas Tax fund to cover the 10% contingency, which hopefully will not be completely depleted; the construction is scheduled to begin in June Commissioner Nelson asked staff whether the Miner Road shoulder widening was ever discussed at a CIOC meeting. Director Theis replied that it had not been directly reviewed; it has been on Capital Improvement Project (CIP) list for the past five years; the project was part of the Utility Underground District which was cancelled; however, the City was able to keep the shoulder widening in the selected area; the reason Miner Road is not packaged with the 2019 Pavement Rehabilitation Program is that the City has to award the contract because of the funding commitments required to be met under the new Gas Tax funding 3

5 requirements; therefore, the contract has to be awarded by the end of this calendar year with a delayed construction time frame. Commissioner Nelson commented that more than half of the budget was cancelled because of the decision to do the shoulder widening; that is a significant decision which should have been reviewed by the CIOC because it is a substantial alteration of the plan that the Commission approved; he did not mean to suggest that the shoulder widening is wrong to do, but in the future he would like the Commissioners to discuss these matters; he understood that shoulder widening is being undertaken for safety, particularly children walking to school, but it is significant tradeoff between that and repairing a road. Vice-Chair Hammon questioned whether the remaining sections of Miner Road were delayed or cancelled. Director Theis replied that he did not know at this time. Commissioner Bell advised that a section of Loma Vista Drive is sliding and the road needs major reconstruction; the road is narrow and the City should prohibit fully loaded trucks from using this road; there have been several accidents and one fatality on this road. Commissioner Nelson asked if access can be restricted on Loma Vista Drive. Director Theis replied that the question should be addressed to the Traffic Safety Advisory Committee (TSAC). Orinda Way will receive Federal grant funds through the Metropolitan Transportation Commission (MTC) and it will not be included in the 2019 list of Arterials and Collectors; this project will be constructed in 2020; the Commission can review the rest of the Arterial and Collector list and make recommendations. Commissioner Fay asked Commissioner Bell if he considers Loma Vista Drive unsafe because drivers speed on this road. Commissioner Bell replied in the affirmative; some drivers go too fast and there are nine blind curves in a 500 yard section; it is a combination of terrible grade, blind curves, narrow width, and speed that make it unsafe. Director Theis noted that the street is very narrow and the City recently installed one speed cushion instead of the normal two due to the limited width; this road came before the TSAC at least twice in the past five years; the street is especially narrow at the section right below El Dorado Lane; thus far all the estimates are for replacing the pavement; if there is a concerted effort to look at widening of the road, which would be a departure from what is being done now, it would require changes to the plan and obviously it would affect the cost; to widen the road at El Dorado Lane, it would require a large retaining wall and easily cost $500,000 to $1 million. Commissioner Fay stated that road widening should be addressed and it deserves some attention. 4

6 Director Theis noted that from his perspective the City does not have adequate funds to do the widening improvements; the City has enough money to do pavement rehabilitation. Commissioner Fay asked if safety money was available. Director Theis replied that staff had investigated whether these types of safety projects would qualify under Federal guidelines for Highway Safety Improvements Projects, however, the projects in Orinda have not ranked well based on formula and ranking criteria. Commissioner Fay stated it might be an appropriate to prioritize Arterial and Collector roads based on safety improvements. Commissioner Murphy said that the City has the TSAC to consider traffic safety; the CIOC can request that they look at accident statistics and develop a priority list. Commissioners Nelson and Fay concurred with Commissioner Murphy. Commissioner Nelson added that the TSAC should also recommend solutions. Vice-Chair Hammon suggested that the TSAC be asked to look at safety improvements and request that they prepare a report within six months to bring to a joint meeting with the CIOC for discussion. Commissioner Murphy asked the staff to forward the recommendation to the TSAC. Director Theis asked the Commissioners what particular criteria the TSAC should be considering, for example, using accident data as a measurement. Commissioner Murphy replied that the TSAC is more qualified to decide on criteria than the CIOC; they could use accident data as one of the criteria. Commissioner Fay questioned whether this was a discussion to incorporate safety improvements into the on-going Pavement Rehabilitation Program. Director Theis advised that the discussion was extending past those parameters as the Commissioners were asking for a list of roads. Commissioner Nelson commented that the Commission can request that the TSAC advise the CIOC regarding any roads they think should be added to the Pavement Rehabilitation Program because of safety concerns. Director Theis put forth a scenario where the first road thought to have the most need for safety improvements would require widening and the cost would be $1 million; the question would then be, would the Commission be ready to move $1 million away from 5

7 paving; that is fundamentally what the discussion would come to; most safety improvements that are related to lack of sight distance, roadway width, or grade, involve a large amount of work; if they are looking to truly address that as a CIP type project, the costs are in the millions of dollars. Signage, stripping, education those types of steps can be taken as well, but those are low cost items. He asked if this would be to move paving money into such projects or to have the TSAC identify and address such projects. There would be a cost associated with it if they wanted to pursue that. For example, there were several parents who were utilizing the El Toyonal school bus up to the top of the hill to pick up children who were mainly going to Wagner Ranch Elementary School; the bus company no longer wanted to go on El Toyonal because it was too narrow and in the end it was cancelled; but all those residents had said the City needs to target and find narrow spots and widen the road; driving up El Toyonal, there are at least 20 narrow places and fixing one spot would only get so far up the hill; it is a nonstarter to fix all the narrow spots to have a 24-foot wide road; the City looked at one section on El Toyonal and the cost to fix that it is easily $500,000. He wanted to clarify whether the Commissioners would be prepared if they wanted to pursue that route as it is an expensive option. Commissioner Nelson confirmed that he did not support pursuing such an endeavor; the City has limited funds; however, the City should be looking at the many options; perhaps the speed limit should be restricted to 15 miles-per-hour (mph). Director Theis advised that the speed limit cannot be reduced to 15 mph, as regulations set the baseline speed limit at 25 mph except near schools or senior citizen centers. Commissioner Nelson noted that are 15 mph signs in the City. Director Theis replied that those signs are advisory only. Vice-Chair Hammon commented that it is reasonable and appropriate for the CIOC to assume that the TSAC is doing what can be done for safety improvements within their budget; however, their budget is extremely limited; the purpose would be to look more broadly at safety improvements where a greater budget would be required; then, if necessary, the CIOC and the TSAC could go to the Council as a combined group to request particular safety improvement projects that should to be added to the CIP list. Director Theis stated that he will be at the next TSAC meeting and will bring the matter to their attention. Commissioner Fay stated that although the City does not have the funds for such improvements, he would like to be able to offer a neighborhood such as El Toyonal the possibility of creating a Benefit Assessment District such as the City offered to the property owners on private roads in order to make improvements that the City cannot afford to undertake if the safety issue is enough of concern for the neighborhood; he questioned whether that was an approach that could be considered as it is a relatively large neighborhood. 6

8 Commissioner Bell commented that relatively few people live in the El Toyonal neighborhood. Director Theis advised that it can be done if the City were to prepare a nexus study. Commissioner Murphy stated that a Benefit Assessment District for El Toyonal could be $20 million; it would not be realistic to ask those residents to vote to assess themselves $20 million. Commissioner Bell clarified that he would like to see better paving work done on Loma Vista Drive and he hopes the City will look at the section that is sliding, bring the speed limit down, and restrict truck traffic. Commissioner Hurrell requested an updated cost estimate for the rest of Miner Road at the December CIOC meeting. This item was continued to a future CIOC meeting. H. DISCUSSION NEXT STEPS TO ADDRESS APPROVED PRIVATE ROAD POLICY ON SEPTEMBER 4, 2018 Vice-Chair Hammon stated that this item was initiated for placement on this agenda at the previous CIOC meeting; the intent of this topic was several members of this Commission noted that the Private Road Policy was moved forward to the City Council without input from the CIOC; the intent of putting this on the agenda was to for Commissioners to express their concerns regarding the approval process. Director Theis stated that he assumed the CIOC was not planning to review the recently approved policy or recommend changes; the Commissioners may want to express or clarify their opinions; the policy was not brought to the CIOC at the Council s direction; he assumed every Commissioner understood that point; staff did not bring it back to the CIOC, as it was requested to go directly to the Council; the Commissioners may not agree with the way the policy was approved, however, the discussion of the private road policy was not being re-opened because it has been approved by the Council. Vice-Chair Hammon concurred with Director Theis. Commissioner Murphy noted that the Commissioners want to express their displeasure with being excluded from the process; they did not understand why the Council did not utilize them to make recommendations during the process. Director Theis advised that he wanted to provide the Commissioners with options; obviously the Commissioners can make a decision on how to approach it; there is still a Roads and Drainage Repairs Plan that needs to be brought back to the City Council for approval; although the Plan itself is fine, there had been the private roads issue and it was therefore held back from being forwarded to the Council for approval; staff would like to take the Plan to the City Council as a Consent item; however, it does not have to be on 7

9 the Consent agenda; it could be brought back and the CIOC could discuss their concerns with the Council s action. Alternatively, the CIOC would have another opportunity to do so when the Annual Report is submitted to the Council; the Commission could draft a letter which could be submitted by staff to the Council either directly to each Councilmember or it could be a Council discussion; staff would like the Commissioners to determine how they would like to proceed on this matter. Vice-Chair Hammon suggested that a brief one or two sentence statement be agreed upon by the Commissioners; the Roads and Drainage Repairs Plan is a completely separate topic. Commissioner Murphy concurred with Vice-Chair Hammon. Commissioner Fay advised that the Roads and Drainage Repairs Plan is not on the agenda and the Commission could not discuss it at this meeting. Commissioner Murphy agreed; the Plan has already been reviewed by the CIOC and is ready for the City Council to review/approve. Director Theis suggested that if the CIOC would like to discuss the Road and Drainage Repair Plan further, they could agendize it for a future meeting to determine how they would like to proceed. Vice-Chair Hammon stated that the Plan had been proposed for submittal to the City Council for approval; since the City Council decided to basically keep the original private road policy and the policy has not changed in any fundamental way, the Plan is therefore consistent and appropriate; while the conditions are changing and the Plan may need revisions, the CIOC has an Annual Report that is due and he recommended addressing any changes and issues with the Plan in the Annual Report instead of trying to revise it now. Commissioner Fay questioned the urgency of forwarding a letter to the City Council; if action did not need to be taken at this meeting, perhaps the Chair and Vice-Chair could draft a letter and bring it back to the next CIOC meeting for review and approval. Vice-Chair Hammon stated that it would not be difficult to write a brief statement, which should be submitted to the City Council in a formal way. Commissioner Hurrell agreed with Vice-Chair Hammon; he recommended that the Chair contact Councilmember Gee to inform her of the CIOC decision and explain the reasoning. Vice-Chair Hammon recommended a motion to include the following statement: It is the sense of the Citizens Infrastructure Oversight Commission that this Commission should have been involved in reviewing the Private Road Policy and we express our dissatisfaction by being excluded. MOTION: By Commissioner Murphy, seconded by Commissioner Hurrell, to forward a statement to the City Council which reads It is the sense of the Citizens Infrastructure 8

10 Oversight Commission that this Commission should have been involved in reviewing the Private Road Policy and we express our dissatisfaction by being excluded. The motion carried by unanimous voice vote. Commissioner Fay noted that he had two specific questions regarding the Private Road Policy; the policy refers to the public benefit - there has to be some public benefit for a private road to be brought into public system; how is public benefit defined and how are private roads and private driveways defined because there are private driveways that property owners think are private roads. Director Theis advised that there is no clear definition between private road and private driveway; the only definition in the Municipal Code is driveway is defined by having two or less residents having access to that particular ingress/egress; a private road can be more than that and the distinction is also made by the Fire Department, as well as road width and distance prior to the design of that particular ingress/egress. Melissa Roeder, Orinda resident, opined that most of the private roads offer public benefits; the City Council has the right to make that determination and it is subject to interpretation; drainage systems, which are to be addressed in the future and require more funding, are a critical part of the infrastructure to be improved; water does not know from public to private and private drains are connected to public drains; she urged the Commissioners to recommend to the Council that all drains including private drains be evaluated; she was disappointed that the main interest of the Commission regarding this item is to tell the City Council that they are not being nice to the Commissioners ; the Commissioners have the legal authority to amend the policy and she expressed her disappointment that the CIOC did not recommend any changes to the policy; she asked the Commissioners to help the residents of Orinda and would like private drainage to be included in future evaluations. Jennifer Wallace, Orinda resident, expressed her displeasure with the process; the new policy further excludes most of the private roads in Orinda; there are handful of roads that might be eligible to become public and now face such financial barriers that it is doubtful anyone would take it on; this is what happens when there is no dialogue and we do not work together; there was the opportunity to form a Task Force and it did not happen and she believes there was some sabotage as well as disinterest to work together for our future ; she concurred with Ms. Roeder that the CIOC could take some action and not just send a letter to the City Council; under the new policy her road is still not qualified to convert to a public road. Vice-Chair Hammon noted that it was clear that a majority of the Commissioners thought it was a mistake for the City Council not to create a Task Force; it would be wise to revisit this issue; the CIOC needs to allow the City Council some time to address other subjects; this problem will not go away; other cities have similar policies and issues; a recent newspaper article noted that that all the roads in new developments in Lafayette will be private roads; this is not just a Orinda specific problem; some Commissioners have stated that it would be good to revisit the issue of the Task Force in a few months; the Commission cannot address it right now as there are several other matters for the CIOC to consider. 9

11 Commissioner Hurrell agreed with Vice-Chair Hammon; the CIOC needs to regroup and decide later how to address the policy. The Commission decided that Vice-Chair Hammon will forward their approved statement to the Mayor and City Councilmembers. Commissioner Fay asked how the question of public benefit would be tested. Commissioner Nelson advised that would be a legal question. Director Theis noted that the City added the information about Benefit Assessment Districts to the policy to make it easier for property owners if they want to apply to convert their private road to a public road. I. Staff Updates Director Theis and Paving Program Manager Khorashadi reported on the following items: Update Public Information and Outreach Regular postings on being placed on Nextdoor and weekly project updates are on Outlook. Update Measure J and L Monthly Report and Expense Summaries - The summaries were not available. Director Theis requested input from the CIOC regarding the type of financial report they would like for Measure J and L and the half-cent Sales Tax. Commissioner Nelson wanted to have the revenue received for the three measures, how much has been spent thus far, and how much money remains; the previous report was something the Commission could present to the public; the entire program has to be explainable, not just show one year; a simple breakdown of Engineering, Design, Construction, and Construction Management costs. Director Theis advised that the CIOC needs a line-by-line cost, back up information, and some kind of grouping, going back to 2012 Measure L. Vice-Chair Hammon noted that one thing missing from the list is a comparison of the actual costs with the anticipated budget; perhaps it could be shown annually. Director Theis stated that the financial report would be specific to the three measures. Commissioner Bell confirmed that the financial report should be simple and be provided to the public. Update 2018 Pavement Rehabilitation Project - The project is expected to be completed by the end of November; the last road to be paved will be Dalewood Drive; the Network Summary Statistics was distributed; after updating the Maintenance and Rehabilitation table in StreetSaver with the 2018 Paving Project, the overall network PCI for the City is

12 J. MATTERS INITIATED Consideration of matters Commissioners wish to initiate for placement on a future CIOC agenda. Vice-Chair Hammon requested that Paving Program Project Manager Khorashadi send an to the Commissioners to have them create a To Do List of future CIOC projects and agendize a discussion for the next CIOC meeting. Items for the next CIOC Agenda: Discussion 2018 Road and Drainage Plan Status and Next Steps Discussion Correspondence to City Council on Process Approving Private Road Policy on September 4, 2018 Discussion CIOC To Do List of Future Projects K. ADJOURNMENT MOTION: By Commissioner Fay, seconded by Commissioner Murphy, to adjourn the CIOC meeting. The motion carried by unanimous voice vote. The Citizens Infrastructure Oversight Commission meeting adjourned 8:30 p.m. The next regularly scheduled meeting of the Citizens Infrastructure Oversight Commission will be 6:30 p.m., November 14, 2018, in the Sarge Littlehale Community Room, 22 Orinda Way, Orinda, California. 11