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, January 10, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.10.23
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
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7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
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. Annual Comprehensive Financial Report and Audit Overview - Maze & Associates
Recommendation:
Receive presentation by Mr. David Alvey of Maze & Associates and ask any follow-up questions on the audit that was performed for the period ending June 30, 2022.
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. December 6, 2022 - Regular Meeting
2. December 13, 2022 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
City Council
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Recommendation:
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of January 11, 2023 to February 9, 2023 Pursuant to the Provisions of Assembly Bill 361.
F.3. 2022 Annual Report of Development Impact Fee Funds Per AB1600 (Government Code Sections 66000 and Following)
Recommendation:
Staff recommends that the City Council: (1) Receive and file the City of Orinda Annual Report of Development Impact Fee Funds for the year ended June 30, 2022 (Attachment A); and (2) Adopt the resolution recording the completion of a Five Year Review including making findings regarding unexpended Mitigation Impact Fee Funds (Attachment C).
F.4. Acceptance of 2021 Annual Pavement Rehabilitation Project Recommendation:
Staff recommends that the City Council adopt Resolution No.02-23 Acceptance of Work for the 2021 Annual Pavement Rehabilitation, Project No. 4155 with DeSilva Gates Construction, LLP. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
F.5. Approving Parcel Map and Subdivision Improvement Agreement for Subdivision MS 2022-002 Urban Lot Split at 15 St. James Ct.
Recommendation:
Staff recommends adoption of Resolution No. 55-22, approving Parcel Map for 15 St. James Court (MS 2022-002 Urban Lot Split) and Subdivision Improvement Agreement with owners Gerry Bakalian and Deborah Mata-Bakalian, husband and wife.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Receive Annual Comprehensive Financial Report (ACFR) For June 30, 2022 Including Financial Statements and Audit Reports Recommendation:
Accept the Annual Comprehensive Financial Report (ACFR) for the fiscal year ended June 30, 2022, including audited financial statements, report of balances, and other associated reports; Memorandum of Internal Controls Report; Gann Appropriations Limit Report; and Transportation Development Act Funds Report. (Note an Overview Presentation by the Independent Auditor is scheduled under the agenda section "Items For The Good of the City")
H.2. Review of the Revised Draft Safety Element of the General Plan and the Draft Downtown Precise Plan
City Council
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Recommendation:
Staff recommends the City Council receive the report, take public testimony, and provide feedback on the revised draft Safety Element and draft Downtown Precise Plan.
H.3. Proposed 2023 Fire Code Update Review
Recommendation:
Receive Report on 2023 Fire Code Update as Proposed by the MoragaOrinda Fire District and provide comments, if any.
H.4. City Council Committee Appointment/Liaison List for 2023 Recommendation:
Review and Approve the recommended City Council Committee Appointment / Liaison List for 2023.
H.5. City Council Meeting Schedule for 2023
Recommendation:
Review, Amend, and Adopt City Council Meeting Schedule for 2023 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, January 17, 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 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 City Council
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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.