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, December 13, 2022
6:00 PM - SPECIAL MEETING
City Council
Agenda Page 1 12.13.22
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 12.13.22
6:00 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. Mayor's Award of Excellence - Jud Hammon - For His Work in Organizing and Guiding the Supplemental Sales Tax Oversight Commission (SSTOC)
D.2. Mayor's Award of Excellence - Derek Zemrak and Michael Williams For The Live at the Orinda Theatre Cabaret Shows
D.3. Mayor's Award of Excellence - Maggie Boscoe for Artify 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. 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 December 14, 2022 to January 13, 2023 Pursuant to the Provisions of Assembly Bill 361.
City Council
Agenda Page 3 12.13.22
F.2. Canvass of Votes for November 8, 2022 General Municipal Election Recommendation:
Staff recommends that the City Council adopt Resolution 57-22, Accepting Certificate of County Clerk as to the Results of the Canvass for City of Orinda November 8, 2022 General Election.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Acknowledge Service to the Orinda Community of Outgoing Mayor and Councilmember Dennis Fay
H.2. Acknowledge Service to the Orinda Community of Outgoing Councilmemer Nick Kosla
H.3. Administration of the Oath of Office to Newly Elected Councilmembers Latika Malkani, Brandyn Iverson, and Janet Riley H.4. Selection of Mayor for a Term Beginning December 2022 H.5. Selection of Vice Mayor for a Term Beginning December 2022 I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
All are invited to an outdoor reception at the Orinda Community Center Founder's Auditorium Courtyard at 28 Orinda Way immediately following this meeting.
Refreshments will be served.
The next Special Meeting of the Orinda City Council will be held on Tuesday, January 10, 2023 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 City Council
Agenda Page 4 12.13.22
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 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.
City Council
Staff Report
Agenda Item: F.1
Date: December 13, 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 December 14, 2022 to January 13, 2023 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 On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023. 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 December 7, 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. Recommendations for safe public meetings 12.7.22
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Respectfully Submitted by:
Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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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 December 7, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing. 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 12-7-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
F.1.b
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Attachment: Recommendations for safe public meetings 12.7.22 (2976 : Ratify Continued Teleconference Resolution) City Council
Staff Report
Agenda Item: F.2
Date: December 13, 2022
Department: City Clerk
AGENDA TITLE: Canvass of Votes for November 8, 2022 General Municipal Election RECOMMENDATION:
Staff recommends that the City Council adopt Resolution 57-22, Accepting Certificate of County Clerk as to the Results of the Canvass for City of Orinda November 8, 2022 General Election.
BACKGROUND:
The City of Orinda contracts with the Contra Costa County Clerk Recorder for Election Services. The Office of the City Clerk received the certification for the November 8, 2022 election on December 5, 2022.
The election results show that there were 10,795 ballots cast out of 15,049 registered voters in Orinda, which is a 71.73% turnout.
DISCUSSION:
The results of the November 8, 2022 election for the three open seats for City Councilmember are shown below:
CITY COUNCIL
Candidate Votes
Latika Malkani 5,679
Brandyn Iverson 4,718
Janet Riley 4,561
Alex Drexel 3,583
Stuart House 3,302
Sunil Rjaraman 2,258
Precinct-by-precinct results are attached to Resolution 57-22. The Resolution acknowledges that Latika Malkani, Brandyn Iverson, and Janet Riley are each elected to serve 4-year terms on the Orinda City Council.
ATTACHMENTS:
A. Resolution No. 57-22
Respectfully Submitted by:
Sheri Smith
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City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:
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F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election) F.2.a
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Attachment: Resolution No. 57-22 (2953 : Canvass of Votes for November 8, 2022 Election)
CITY COUNCIL REORGANIZATION SCRIPT
MAYOR
Vice Mayor Miller Announce that the annual reorganization of the City Council will take place.
Vice Mayor Miller “I now declare the office of Mayor vacant and call for the election of Mayor for the year 2022/2023. Nominations are now open for the office of Mayor.”
Councilmember: "I nominate ______________ for the office of Mayor.” Vice Mayor Miller: “Are there any further nominations?" [Note: No additional nominations required.]
Councilmember: "I move that the nominations be closed.” Councilmember: "I second the motion.”
Vice Mayor Miller: “It has been moved and seconded that nominations for the office of Mayor be closed.
All in favor say "Aye” --- opposed say "No.”
The motion has carried.”
Vice Mayor Miller: “Will the City Clerk please call the roll for the election of _____________________ to the office of Mayor.”
City Clerk: Roll call:
Councilmembers: Gee, Iverson, Malkani, Miller, Riley
Vice Mayor Miller “ The motion is passed”
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Communication: Selection of Mayor for a Term Beginning December 2022 (POLICY MATTERS)
CITY COUNCIL REORGANIZATION SCRIPT
VICE MAYOR
New Mayor: "I now declare the office of Vice Mayor vacant and call for the election of Vice Mayor for year 2022/2023. Nominations are now open for the office of Vice Mayor.”
Councilmember: "I nominate Councilmember ___________ for the office of Vice Mayor."
New Mayor: "Are there any further nominations?"
[Note: No additional nominations required.]
Councilmember: "I move that nominations be closed.”
Councilmember: "I second the motion."
New Mayor: "It has been moved and seconded that nominations for the office of Vice Mayor be closed.
All in favor say "Aye" --- opposed say "No.”
The motion has carried.”
New Mayor: "Will the City Clerk please call the roll for the election of Councilmember ____________ to the office of Vice Mayor.” City Clerk: Roll call:
Councilmembers: Gee, Iverson, Malkani, Miller, Riley
Mayor: “The motion is passed.”
“Congratulations to new Vice Mayor _____________.”
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Communication: Selection of Vice Mayor for a Term Beginning December 2022 (POLICY MATTERS)