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, November 15, 2022
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 11.15.22
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 11.15.22
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 November as Homelessness Awareness Month
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. November 1, 2022 - Closed Session Meeting
2. November 1, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
City Council
Agenda Page 3 11.15.22
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of November 16, 2022 to December 15, 2022 Pursuant to the Provisions of Assembly Bill 361.
F.3. Approval of Lease between the East Bay Municipal Utility District and the City of Orinda for Use of Property for the Orinda Sports Fields.
Recommendation:
Authorize the City Manager to execute the 2023 “Ballfields Lease” with the East Bay Municipal Utility District
F.4. Authorize Purchase of Replacement Street Sweeper for Public Works Department
Recommendation:
Approve Resolution 59-22, waiving the formal bid process pursuant to Chapter 2.55.100 of the Orinda Municipal Code, and approving issuing a purchase order to TYMCO, Inc. to replace the city street sweeper at a cost of $270,731.30; and approve a Budget Change in the amount of $45,731 from the Vehicle Replacement Fund.
G. PUBLIC HEARING
G.1. Wilder Development Agreement Annual Review and Public Hearing Regarding OGLLC Default
Recommendation:
Conduct a continued public hearing regarding noncompliance by OG Property Owners, LLC (“OGLLC”) with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) and related approvals, including the 2009 Reimbursement Agreement, the Orinda Geologic Hazard Abatement District (“GHAD”) Plan of Control, and the 2008 Subdivision Improvement Agreement, all as amended. Staff recommends the Council adopt Resolution No. 58-22 to conclude the 2002 annual review process and find that OGLLC remains out of compliance with the terms of the DA.
H. POLICY MATTERS
H.1. Draft Safety Element AB 747 Evacuation Analysis
Recommendation:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on the draft Safety Element AB 747 Evacuation Analysis.
H.2. Consider Recommendation for Brookwood Rd mitigation measures as a result of vegetation removal to meet current Fire Fuel reduction requirements.
Recommendation:
City Council
Agenda Page 4 11.15.22
Staff recommends the City Council receive the report on various mitigation options being considered for Brookwood Road and provide direction to Staff to move forward with the recommended option.
H.3. Consider Adoption of Resolution No. 56-22 Approving and Authorizing the Mayor to Execute the Second Amendment to Employment Agreement between the City of Orinda and David Biggs, City Manager
Recommendation:
Consider adoption of Resolution No. 56-22 approving and authorizing the Mayor to execute the Second Amendment to Employment Agreement between City of Orinda and David Biggs
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, December 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
~ Notices ~
There is a 90-day limit for the filing of a challenge in Court to certain City decisions that 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 file a challenge in Court, you may be limited by California law, including but not limited to Government Code §65009, to those issues raised in connection with 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. For information on the next City Council meeting, please call 925.253.4221 or visit the City Council
Agenda Page 5 11.15.22
website at www.cityoforinda.org. Unless otherwise noted, City Council actions include a determination that the California Environmental Quality Act (CEQA) does not apply. ~ 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.