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, October 18, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 10.18.22
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 10.18.22
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. Introduction of Visiting Tabor Student Sofie Flaskova D.2. Proclamation Recognizing October 23-31, 2022 as Red Ribbon Week 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. October 4, 2022 - Closed Session Meeting
2. October 11, 2022 - Closed Session Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
City Council
Agenda Page 3 10.18.22
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of October 19, 2022 to November 18, 2022 Pursuant to the Provisions of Assembly Bill 361.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Resolution Honoring Retiring Long Serving Council Member Amy Worth by Naming the Orinda Library Rotunda in Her Honor Recommendation:
Adopt City Council Resolution 52-22 in order to honor Council Member Amy Worth for her 24 years of service by naming the Orinda Library Rotunda in her honor.
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, November 01, 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 ~
City Council
Agenda Page 4 10.18.22
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.
PROCLAMATION
Declaring October 23– 31, 2022 as Red Ribbon Week
Whereas, the City of Orinda and the Pride & Purpose Project value the health and safety of all our citizens especially our youth; and Whereas, underage cannabis use, underage alcohol consumption, and underage prescription drug use is particularly damaging to one of our most valuable resources, our youth, and a contributing factor in the three leading causes of death for teenagers – accidents, homicides, and suicides; and Whereas, the National Red Ribbon Campaign, gives the citizens and youth of , California an opportunity to demonstrate their commitment to supporting youth in drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs); and Whereas, it is the goal of the Red Ribbon Campaign, the City of Orinda, and the California and the Pride & Purpose Project to involve families, schools, businesses, churches, law enforcement agencies and service organizations in all aspects of this campaign and establish an atmosphere that supports awareness, education and on-going initiatives to prevent illegal drug use, and to showcase this by wearing and displaying Red Ribbons during this week long campaign; and Whereas, the Red Ribbon Week Campaign theme promotes family and individual responsibilities for living healthy, drug-free lifestyles, without illegal drugs or the illegal use of legal drugs, and
Whereas, the Pride & Purpose Project and other community based organizations will show visible and unified prevention education efforts launched to eliminate the demand for drugs; and
Now, Therefore Be It Resolved, that the City of Orinda, does hereby proclaim October 23– 31, 2022 as Red Ribbon Week and encourages its youth and citizens to participate in drug prevention activities making a visible statement that we strongly support a drug-free life amongst our youth.
Dated this 18th day of October, 2022.
_____________________
Dennis Fay, Mayor
D.2
Packet Pg. 5
Communication: Proclamation Recognizing October 23-31, 2022 as Red Ribbon Week (ITEMS FOR THE GOOD OF THE CITY) AGENDA TITLE: City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. October 4, 2022 - Closed Session Meeting
2. October 11, 2022 - Closed Session Meeting
ATTACHMENTS:
A. City Council Closed Session Minutes of October 4, 2022 B. City Council Closed Session Minutes of October 11, 2022 Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.1
Packet Pg. 6
OCTOBER 4, 2022
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
7:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Fay called the meeting to order at 7:00 p.m. and City Manager Biggs called the roll. All Councilmembers were present.
B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS City Attorney Wolff identified the Closed Session Matter.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.
D. CLOSED SESSION
1. CLOSED SESSION CONFERENCE WITH LEGAL COUNSELANTICIPATED LITIGATION - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (1 potential case) E. OPEN SESSION REPORT REGARDING CLOSED SESSION
City Attorney Wolff announced that there was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 10:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
F.1.a
Packet Pg. 7
Attachment: City Council Closed Session Minutes of October 4, 2022 (2938 : City Council Minutes) OCTOBER 11, 2022
CITY OF ORINDA
CITY COUNCIL CLOSED SESSION MINUTES
5:30 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Fay called the meeting to order at 5:30 p.m. and City Manager Biggs called the roll. All Councilmembers were present except Councilmember Kosla due to an excused absence.
B. OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS Mayor Fay identified the Closed Session Matters.
C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no members of the public wishing to speak.
D. CLOSED SESSION
1. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, Annual Performance Evaluation of City Manager David Biggs
2. CITY ATTORNEY PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, Annual Performance Evaluation of City Attorney Osa Wolff
E. OPEN SESSION REPORT REGARDING CLOSED SESSION
Mayor Fay announced that there was no reportable action.
F. ADJOURNMENT
The meeting adjourned at approximately 8:00 P.M.
_______________________
Sheri Marie Smith, City Clerk
F.1.b
Packet Pg. 8
Attachment: City Council Closed Session Minutes of October 11, 2022 (2938 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: October 18, 2022
Department: City Clerk
AGENDA TITLE: 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 October 19, 2022 to November 18, 2022 Pursuant to the Provisions of Assembly Bill 361.
BACKGROUND:
On October 5th, 2021 the Orinda City Council adopted Resolution No. 42-21 approving the continued use of teleconferencing for the meetings of all City legislative bodies pursuant to the provisions of Assembly Bill 361. The resolution was ratified on October 19, 2021, and at subsequent meetings through 2021 and 2022.
DISCUSSION:
At the time of adoption, the City Council anticipated that the resolution would appear on its consent calendar for review and ratification or update at regular Council meetings.
The State law authorizes the continuation for as long as the Governor’s proclaimed state of emergency relating to the COVID-19 pandemic remains in effect. On February 25, 2022 Governor Newsom issued an Executive Order which extended the emergency proclamation to June 30, 2022. State law also provides that the City Council determine that they desire to continue remote public meetings and make the necessary findings at least every thirty days. Those findings were contained in Orinda City Council Resolution No. 42-21, which staff recommends the Council vote to ratify based on current conditions.
Approval of this item will allow all public bodies established by the City of Orinda and covered by Resolution No. 42-21 to continue to conduct teleconferencing meetings.
On October 4, 2022, Contra Costa Health Services issued the attached revised Recommendations for Safely Holding Public Meetings in which online meetings are still encouraged.
FISCAL IMPACT:
None.
ATTACHMENTS:
A. Weblink to: Staff Report, Adopted Resolution at October 5, 2021 Council Meeting B. Guideline for Holding Safe Public Meetings 10.4.2022 F.2
Packet Pg. 9
Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
F.2
Packet Pg. 10
Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID-19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of October 4, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and COVID-19 wastewater surveillance are decreasing, but community transmission, as noted in CDC community transmission map, remains high. In addition to this, the predominant variant of COVID-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 10-4-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
F.2.b
Packet Pg. 11
Attachment: Guideline for Holding Safe Public Meetings 10.4.2022 (2939 : Ratify Continued Teleconference Resolution) City Council
Staff Report
Agenda Item: H.1
Date: October 18, 2022
Department: Administration
AGENDA TITLE: Resolution Honoring Retiring Long Serving Council Member Amy Worth by Naming the Orinda Library Rotunda in Her Honor RECOMMENDATION:
Adopt City Council Resolution 52-22 in order to honor Council Member Amy Worth for her 24 years of service by naming the Orinda Library Rotunda in her honor.
BACKGROUND: The City of Orinda has a policy allowing for naming of City facilities, parks, open space, and trails to remember shared history, to identify local natural resources, and to honor individuals who have contributed significantly to the City of Orinda. The City has an adopted policy, Policy 3.17, Naming or Memorializing of City Facilities, Parks, Open Space, and Trails (copy attached – Attachment 1), which outlines the process for doing so. Specifically, Section 2 stipulates:
Memorializing: Facilities, or portions thereof, may be dedicated in memory, or honor, of those who have contributed significantly to the City of Orinda and will be considered on a case-by-case basis for appropriate parks, open space, trails, and facilities.
DISCUSSION: Council Member Amy Worth has opted not to run for reelection in November 2022, and as such will conclude six four-year terms on the Orinda City Council, or a total of 24 years since first being elected in 1990. Council Member Worth has served the longest of any Council Members with the other’s longest tenure being 3 terms. During this time Council Member Worth has served as Mayor five times, including in 2001, 2005, 2013, 2018, and 2021.
In addition to providing leadership in Orinda throughout her long tenure, Council Member Worth has served not only Orinda’s interests on numerous regional boards and joint powers agencies, but she has well represented local government on bodies like the Metropolitan Transportation Commission and other bodies, thereby providing Orinda with outside influence on matters of great importance.
Staff, working in conjunction with Mayor Fay and Vice Mayor Miller, explored ways to best memorialize this tremendous record of service. A select number of facilities or parts thereof have been named for Council Members including the Sarge Littlehale Room at City Hall and the Richard Heggie Plaza at the Library. Given Councilmember Worth’s long history of support of the Orinda Library, including prior to her being elected to the City Council, the naming the Orinda Library Rotunda was proposed by Mayor Fay as a matter initiated on October 11, 2022, and the staff was directed to bring the matter back for formal consideration.
H.1
Packet Pg. 12
At the October 11, 2022, City Council meeting, Nancy Ross-Madnick, representing the Friends of the Orinda Library, who are the current owners of the building, spoke in support of the naming.
A resolution has been included for Council adoption, which would name the Orinda Library Rotunda upon Council Member Worth’s retirement from the Orinda City Council as the Amy Worth Orinda Library Rotunda.
NEXT STEPS: After the adoption of the resolution, appropriate signage would be installed which would reflect the naming. This signage would be unveiled at an event being planned to honor Council Member Worth on Sunday, December 4th from 3 PM to 5 PM.
FISCAL IMPACT: None as a result of this action. The cost of signage is estimated to be $2,000 which will be funded from available facilities maintenance funds.
ATTACHMENTS:
A. Resolution 52-22 Naming the Orinda Library Rotunda in honor of Amy Worth B. Policy - Naming of City Facilities
Respectfully Submitted by:
David Biggs
City Manager
Prepared By: Sheri Smith, City Clerk
Approved by:
H.1
Packet Pg. 13
BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:
RESOLUTION Honoring Long Serving
Councilmember Amy Worth by naming the
Orinda Library Rotunda in her honor
)
)
RESOLUTION NO. 52-22
WHEREAS, on August 7, 2012, the City Council adopted a policy for the Naming or Memorializing of City Facilities, Parks, Open Space, and Trails the policy states that City facilities may be dedicated in honor of those who have contributed significantly to the City of Orinda; and
WHEREAS, Councilmember Amy Worth will be retiring from the City Council in December 2022 after serving the Citizens of Orinda for a total of 6 four-year terms or a total of 24 years, including 5 of those years as Mayor in 2001, 2005, 2013, 2018, and again in 2021; and
WHEREAS, Amy Worth provided great leadership to Orinda throughout her long tenure including representing Orinda’s interests by serving on numerous regional boards and joint power authorities, including the Metropolitan Transportation Commission; and
WHEREAS, Amy Worth has a long history of passion and support for the Orinda Library, including prior to her being elected to the City Council; and WHEREAS, the City Council, at the regular on October 18, 2022, considered the recommendation to name the Orinda Library Rotunda in Honor of Amy Worth, and voted to approve the recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby name the Orinda Library Rotunda the Amy Worth Orinda Library Rotunda, in Amy’s honor upon her retirement from the Orinda City Council.
Adopted by the City Council of the City of Orinda at a regular meeting on October 18, 2022 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Dennis Fay, Mayor
ATTEST:
Sheri Marie Smith, City Clerk
H.1.a
Packet Pg. 14
Attachment: Resolution 52-22 Naming the Orinda Library Rotunda in honor of Amy Worth (2931 : Naming Orinda Library Honoring Amy Worth) 1 City of Orinda
Administrative Regulations
Naming or Memorializing of City Facilities, Parks, Open Space, and Trails PURPOSE: To specify the City’s objectives and procedures in the naming of public facilities, parks, open space and trails.
POLICY: It is the policy of the City of Orinda to name public lands and facilities using labels reasonably connected, by the public, with the location of the amenity, historical significance, and/or natural feature.
1. Naming: Naming is a way to remember shared history, to identify local natural resources and to honor individuals who have contributed significantly to the City of Orinda.
1.1.It is also a useful way to help park users interpret parkland resources and to orient themselves while visiting city-owned facilities. Examples of landmarks or points of interest where names may be derived include:
1.1.1. Adjacent Street name
1.1.2. Prominent physical or geographic feature
1.1.3. Natural features such as plant and animal life
1.1.4. Archaeological resources
1.1.5. Primary Use Activity
1.1.6. Historically significant feature, events, name, use or individual(s)
2. Memorializing: Facilities, or portions, thereof may be dedicated in memory, or honor of, individuals who have contributed significantly to the City of Orinda and will be considered on a case-by-case basis for appropriate parks, open space, trails, and facilities.
3. Name Proposals: Proposals for the naming, re-naming or memorializing of City facilities or resources shall come from the City Council. The City Council, at its discretion, may refer proposed names to the Parks and Recreation Commission, or other appropriate advisory body, for its recommendation prior to taking action on a proposal.
4. Re-naming: The name used may be changed in the future, if desired, based on a vote of the City Council.
A.R. Number: 3.17
Adopted Date: 8/7/12
Resolution #: 44-12
Amended Date:
Page: 1 of 2
H.1.b
Packet Pg. 15
Attachment: Policy - Naming of City Facilities (2931 : Naming Orinda Library Honoring Amy Worth) 2 5. Plaques and Markers: Plaques and markers, in conjunction with naming, will be appropriately designed and placed in a manner serving the best interests of the community.
5.1.The City will make every effort to preserve any dedication plaque or other dedicated object. If necessary, due to repair of surrounding areas, construction or redesign of a facility, the plaque or dedication object may be relocated. If the plaque or other dedication object cannot continue to be reasonably maintained or after a period of ten years, it may be removed by the City.
6. Rejection of Request: The City reserves the right to reject any request for memorializing a City facility or property.
PROCEDURE:
1. Individuals, groups or organizations that want the City to approve a specific name for a City facility or property or in some way memorialize a contribution shall make their request directly to the City Council via the public forum provided at a scheduled City Council meeting.
2. The City Council may at its own discretion initiate a proposal to name a City facility or property.
3. The City Council shall consider the request and direct the City Manager to either include on the Council agenda for consideration or forward the proposal to the Parks and Recreation Commission, or appropriate advisory body, for recommendation prior to Council action.
4. The City Council shall review and approve or deny all proposals for naming or memorializing City facilities, parks, open space, and trails.
5. Naming will be finalized by City Council Resolution.
H.1.b
Packet Pg. 16
Attachment: Policy - Naming of City Facilities (2931 : Naming Orinda Library Honoring Amy Worth)