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, August 16, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 08.16.22
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 08.16.22
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 Recognizing the 25th Anniversary of the Orinda Farmer’s Market
D.2. Proclamation Recognizing August 31, 2022 as International Drug Abuse and Overdose Awareness Day throughout the City of Orinda 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. July 5, 2022 - Regular Meeting
2. July 19, 2022 - Closed Session
1. July 19, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
City Council
Agenda Page 3 08.16.22
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of August 17, 2022 to September 15, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Monthly Report of Receipts and Disbursements for the Period May 1, 2022 through May 31, 2022 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2021 through May 31, 2022 Recommendation:
Staff recommends that the City Council receive and file this report of receipts, disbursements, and preliminary fund balances for the month of May 2022.
F.4. Adopt Resolution No.42-22 Regarding The Annual Review of City Investment Policy And Delegating Authority To Make Investments Recommendation:
Adopt Resolution 42-22 which completes the Annual Review without making any changes to the policy; and delegating the authority to make investments
F.5. Adoption of Resolution No. 38-22 Establishing the Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2022-2023
Recommendation:
Adopt Resolution No. 38-22 establishing the property tax rates for bonded indebtedness for Fiscal Year 2022-2023; and, direct staff to provide the information to the Contra Costa County Auditor-Controller for preparing of the tax levy.
F.6. Increase Contingency for Construction Contract with Valentine Corporation for the Lavenida Culvert Repair Project (Project No. 4148), and Appropriate Funding.
Recommendation:
Staff recommends that the City Council approve an increase in the contingency for said contract from 15% to 20%, and to appropriate funding of $31,000 from Fund #514, Stormwater Utility Assessment for such purpose.
F.7. Approve the Design and Award Construction Contract to E. E. Gilbert Construction, Inc. For the Camino Sobrante Retaining Wall Replacement Project #4152
Recommendation:
City Council
Agenda Page 4 08.16.22
Staff recommends that the City Council: 1) Approve the design of Project #4152; 2) Reject the non-responsive bids from Brannon Corporation and ETIC; 3) Award the contract for construction to third lowest bidder E. E.
Gilbert Construction, Inc. of Martinez, California for an amount of $700,378.44; 3) 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 4) Authorize the City Manager to administratively approve contract change orders provided that the cumulative amount does not exceed $105,056.56 (approximately 15% contingency)
G. PUBLIC HEARING
G.1. Consider the following items/applications related to the 52-unit affordable, senior-restricted Vista Verde Community Housing Project at 10 Irwin Way: 1. Proposed Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project; 2. Proposed General Plan Map Amendment (GPA-2021-001) Amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”; 3. Proposed Zoning Map Amendment (ZMA-2021-001) amending the Zoning Map to designate a portion of the property at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and 4. Proposed Planning Entitlements for the subject property at 10 Irwin Way, including: a. Minor Subdivision (MNS-2021- 001) lot split; b. Design Review Permit (DRA-2021-023); c. Elevated Deck Permit (EDP-2021-019); d. Tree Removal Permit (TRP-2021-025); and e. Density bonus concessions to private open space
requirement, height and story limits.
Recommendation:
Staff recommends that the City Council take the following actions:
1. Adopt Resolution 39-22 adopting a Mitigated Negative Declaration and approving a Mitigation Monitoring and Reporting Program (MMRP) pursuant to the California Environmental Quality Act (CEQA) for the Vista Verde Community Housing Project;
2. Adopt Resolution 40-22 amending the General Plan land use designation of a portion of the property at 10 Irwin Way from “Public and Semipublic” to “Residential: Multifamily”;
3. Waive the full reading of the text and introduce Ordinance 22-03, amending the Zoning Map to Designate a Portion of the Property at 10 Irwin Way “Residential Medium Density” and applying the “Senior Housing Overlay District”; and
4. Adopt Resolution 41-22 approving a Minor Subdivision, Design Review, Tree Removal Permit, Elevated Deck Permit, and Density Bonus Application for a Portion of the Property at 10 Irwin Way (Vista Verde Community Housing Project).
City Council
Agenda Page 5 08.16.22
G.2. Wilder Annual Review
Recommendation:
Conduct a public hearing to determine whether OG Property Owners, LLC (“OGLLC”), the entity that owns the Wilder property, is in substantial compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) as amended. Staff recommends that the City Council find, based on all of the evidence set forth below, that OGLLC has not complied in good faith with the DA and related approvals. Staff further recommends that the City Council direct OGLLC to bring its performance into good faith compliance with the DA, as specified below, by October 11, 2022. Staff further recommends that OGLLC provide a written report to the City on or before September 6, 2022 describing the actions it has taken to date to cure the defaults identified by the City Council on August 16, 2022 and that OGLLC appear before the City Council on September 27, 2022 to address the further actions required to bring OGLLC into good faith compliance with the DA.
G.3. Consider an ordinance to update Orinda Municipal Code Section
17.1.11 (Development of lots divided by district boundaries), Section
17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section
17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), and Section 17.24.3 (Designation of Heritage Tree). Two of the proposed zoning ordinance amendments are in response to changes in State Law and the others are to update sections of the code where clarification or modification would help with implementation.
Recommendation:
Staff recommends that the City Council waive the full reading of the text and introduce Ordinance 22-02, amending Municipal Code Section
17.1.11 (Development of lots divided by district boundaries), Section
17.3.5 & 17.3.6 (Small Family Day Care & Large Family Day Care), Section 17.4.18 (Building Projections into Yards and Courts), Section
17.4.31.D (Affordable Housing Incentive Program and Density Bonus), Section 17.11.2 (Open Space District Development Limitations), Section
17.24.3 (Designation of Heritage Tree)
H. POLICY MATTERS
H.1. Fuel Reduction Incentive Program Using Measure R Funds Recommendation:
Receive Report, Discuss, and Conceptually Approve Incentive Program as Presented
City Council
Agenda Page 6 08.16.22
H.2. Designation of Voting Delegate and Potential Alternate at the League of California Cities Annual Conference
Recommendation:
Designate Voting Delegate (and potential Alternate) at the League of California Cities Annual Business Meeting on September 7-9, 2022 at League Annual Conference and Expo
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, September 06, 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
Agenda Page 7 08.16.22
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.