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, May 17, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 05.17.22
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 in the public review binder at Orinda City Hall, 22 Orinda Way. In addition, they will be available electronically by 5pm on the day of the meeting by selecting the date of the meeting in this Box account link:https://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.
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.
City Council
Agenda Page 2 05.17.22
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Darlene Gee, Nick Kosla, Amy Worth
Vice Mayor Inga Miller, Mayor Dennis Fay
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. Proclamation Declaring May, 2022 as Jewish American Heritage Month
D.2. Presentation on Red Flag Day Parking RestrictionsRevised E. PUBLIC FORUM
The public forum provides an opportunity for members of the public to speak on any item within the jurisdiction of the City Council that is not on the agenda.
Additionally, a speaker has the option of addressing the Council on an item listed on the agenda, if the speaker will not be present when that agenda item is taken up. When an item is not listed on the agenda, State law prohibits Council discussion or action. Councilmembers may only “briefly respond” to statements made and questions posed. For example, State law allows Councilmembers to ask questions for clarification and provide a reference to staff or other resources for factual information. Additionally, consistent with the “Matters Initiated” rule contained in its Policies and Procedures Manual, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.
F. CONSENT CALENDAR
F.1. City Council Minutes
Recommendation:
Approve City Council Minutes:
1. May 3, 2022 - Closed Session
2. May 3, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
City Council
Agenda Page 3 05.17.22
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of May 18, 2022 to June 16, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Adoption of Ordinance No. 21-01 - Banning Sale of Flavored Tobacco and Vaping Products
Recommendation:
Adopt Ordinance No. 21-01, waiving second reading, An Ordinance Banning Sale of Flavored Tobacco and Vaping Products
F.4. Quarterly Investment Report For Period Ending March 31, 2022 Recommendation:
Staff recommends that the City Council accept the Quarterly Investment Report for the period ending March 21, 2022.
F.5. 3rd Quarter Fiscal Year 2021-2022 (July 2021 - March 2022) General Fund Report of Budget To Actual
Recommendation:
Receive the report and file.
F.6. Designation of a Board Member and Alternate Board Member to the Municipal Pooling Authority of Northern California
Recommendation:
Adopt Resolution No. 23-22 Approving the Designation of a Board Member and Alternate Board Member to the Municipal Pooling Authority of Northern California
F.7. Approve Engineer's Report for the Levy of Annual Assessments; Providing Notice of Intention to Levy Annual Assessments; and Set June 21, 2022 as the date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping
Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2023.
Recommendation:
Adopt Resolution No. 23-22, Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending 2022, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 24-22, Intention to Levy and Collect Assessments for Fiscal Year Ending 2023 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.
F.8. Award Construction Contract to Central Pacific Engineering, LLC, for the Catherine Court to Martha Road Trail Maintenance Project #4140 Recommendation:
City Council
Agenda Page 4 05.17.22
Staff recommends that the City Council: 1) Award the contract for construction to responsible lowest bidder Central Pacific Engineering, LLC. of San Mateo, California for an amount of $79,798; 2) Authorize City Manager and City Clerk to execute a contract on behalf of the City, subject to approval as to form by the City Attorney; and 3) Authorize the City Manager to administratively approve contract change orders provided that the cumulative amount does not exceed $91,768 (15% contingency) F.9. Approval of Fiscal Year 2022-2023 SB1 Road Repair and Accountability Act Project List
Recommendation:
Staff recommends the City Council adopt Resolution 22-22 which formalizes the City of Orinda’s intention to use the funding from the Road Maintenance and Rehabilitation Account (RMRA) for the 2022 Annual Pavement Project which includes work on several streets.
F.10. Resolution Declaring Juneteenth, June 19th, as a City Holiday Recommendation:
Adopt a Resolution Establishing Juneteenth or June 19th a Public Holiday for the City of Orinda.
F.11. Camino Pablo and City Wide Speed Surveys
Recommendation:
Adopt Resolution 21-22 Traffic Order #215 lowering the existing speed limit on Camino Pablo between Camino Sobrante and Santa Maria Way and accept attached Speed Surveys re-establishing existing speed limits throughout the City.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Temporary Full Road Closure of St. Stephens Drive Overcrossing for Caltrans Seismic Retrofit Project
Recommendation:
Staff recommends the City Council receive presentation from Caltrans about their upcoming Seismic Retrofit Project of the St. Stephens Drive Overcrossing and provide feedback. No action is required at this time.
H.2. City Council Meeting Calendar for Remainder of 2022 Recommendation:
Review, discuss, and adopt revised City Council Meeting Calendar for remainder of 2022
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
City Council
Agenda Page 5 05.17.22
K. MATTERS INITIATED
L. ADJOURNMENT
The next Regular Meeting of the Orinda City Council will be held on Tuesday, June 07, 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
~ 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.