IMPORTANT NOTICE REGARDING THIS MEETING: To protect our residents, officials, and staff, and in alignment with AB 361 and Orinda City Council Resolution No. 42-21, in which certain teleconference requirements of the Brown Act have been suspended, including the requirement to provide a physical location for members of the public to participate in the meeting, this meeting will be held by Teleconference.
BY
TELECONFERENCE
VIA
ZOOM WEBINAR
By PC:
MEETING URL:
https://tinyurl.com/ncusvn4h
MEETING ID: 924 9319 5201
By Telephone:
+1 669-900-9128
MEETING ID: 924 9319 5201
CITY COUNCIL
AGENDA
Tuesday, January 11, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.11.22
How to follow or participate in the meeting:
Members of the public may observe and participate in the meeting at the teleconference location highlighted above. To ensure that the City Council receives your comments, we strongly encourage you to submit your comments in writing in advance of the meeting by following instructions below:
Send your e-mail to [email protected] by 3pm on the day of the meeting.
Those e-mails will be forwarded to the City Council. They will also be made a part of the public record and be available to view upon request by contacting the City Clerk at [email protected] or 925-253-4221. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box link:
https://cityoforinda.box.com/s/aqrelwbwv0wc37m5hkju2o8a0sta7bup Comments may also be submitted by e-mail during the meeting up until the closure of public comment period on the relevant agenda item. These will be read into the record by staff at their normal cadence and will be limited to a maximum of 3 minutes. To be read into the record, e-mail must contain in the subject line “Public Forum – Not on the Agenda” or “Public Comment – Agenda Item #” with the relevant agenda item indicated.
City Council
Agenda Page 2 01.11.22
To comment orally in real time during the meeting, you may use the Zoom “raise your hand” function on your computer screen or the *9 function on your phone. 7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Mayor Dennis Fay, Vice Mayor Inga Miller
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Recognition of Orinda Garden Club for Holiday Wreath Project D.2. Introduction of new Administrative Services Director, Doug Alessio D.3. Introduction of new Associate Planner, Jim Frank
D.4. Annual Comprehensive Annual Financial Report and Audit Overview - Maze & Associates
Recommendation:
Receive presentation by Mr. Katherine Yuen of Maze & Associates and ask any follow-up questions on the audit that was performed for the period ending June 30, 2021.
E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
City Council
Agenda Page 3 01.11.22
Recommendation:
Approve City Council Minutes:
1. December 14, 2021 Closed Session
2. December 14, 2021 Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 19, 2022 to March 18, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Adoption of Ordinance No. 21-8, An Ordinance Updating Section
17.3.4 (Accessory Dwelling Units) and Section 17.3.12 (Short-Term Rentals) of the City’s Zoning Code in Response to SB 9, a Housing Law Passed by the State Legislature in 2021
Recommendation:
Adopt Ordinance No. 21-8, waiving second reading, An Ordinance Updating Section 17.3.4 (Accessory Dwelling Units) and Section 17.3.12 (Short-Term Rentals) of the City’s Zoning Code in Response to SB 9, a Housing Law Passed by the State Legislature in 2021
F.4. Authorize Contract Amendment No. 2 with Schaaf & Wheeler Consulting Civil Engineers for On-call Civil Engineering Services and Appropriate Funding
Recommendation:
Staff recommends that the City Council approve said Contract Amendment No. 2 to increase the contract limit by an addition of $288,000 to a new total contract amount of $348,000, to extend the term of the agreement to June 30, 2024 and to authorize the City Manager and City Clerk to execute the contract amendment on behalf of the City, subject to approval as to form by the City Attorney.
F.5. Receive Annual Comprehensive Financial Report (ACFR) For June 30, 2021 Including Financial Statements and Audit Reports Recommendation:
Accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2021, including audited financial statements, report of balances, and other associated reports; Memorandum of Internal Controls Report; Gann Appropriations Limit Report; and Transportation Development Act Funds Report. (Note an Overview Presentation is scheduled under the agenda section "Items For The Good of the City") G. PUBLIC HEARING
H. POLICY MATTERS
City Council
Agenda Page 4 01.11.22
H.1. Possible Ordinance Restricting Sale of Flavored Tobacco and Vaping Products
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
H.2. Consider Adoption of Resolution No. 02-22 Approving and Authorizing the Mayor to Execute the First Amendment to Employment Agreement between the City of Orinda and David Biggs Recommendation:
Consider Adoption of Resolution No. 02-22 approving and authorizing the Mayor to execute the First Amendment to Employment Agreement between City of Orinda and David Biggs
H.3. City Council Committee Appointment/Liaison List for 2022 Recommendation:
Review and Approve the recommended City Council Committee Appointment / Liaison List for 2022.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, January 18, 2022 at 7:00 PM.
Please visit the City’s website at www.cityoforinda.org to view the City Council Calendar.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this special meeting agenda has been posted at least 24 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way. Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org. At least 24 hours in advance of the meeting, this agenda was also delivered to and received by each member of the City Council as well as each local newspaper, radio station and television station requesting written notice of special meetings.
I, Sheri Marie Smith, City Clerk, declare under penalty of perjury under the laws of the State of California that this regular meeting agenda has been posted at least 72 hours in advance at the Orinda City Hall, 22 Orinda Way and the Orinda Library, 26 Orinda Way.
Additional copies are available at the Orinda Library, 26 Orinda Way, and at the City’s website at www.cityoforinda.org
City Council
Agenda Page 5 01.11.22
~ Notice ~
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting. For information on the next regular or special City Council meeting, please call 925.253.4221 or visit the website at www.cityoforinda.org.
~ Accessible Public Meetings ~
The City of Orinda will provide special assistance for disabled citizens to participate in public meetings upon advance notice. If you need auxiliary hearing aid or sign language assistance at least two (2) working days advanced notice is necessary.
Please contact the City Clerk’s Office, 22 Orinda Way, Orinda, Ca 94563 or 925.253.4221 or [email protected] with the following information: name, mailing address, phone number and type of assistance requested.