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 17, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 01.17.23
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
Agenda Page 2 01.17.23
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. Presentation of Commendation to Sally Hogarty Upon Her Retirement from Orinda News
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. Approve a Grant Application for Moraga Way Pathway Phase 3 to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2023-2024 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle funding
Recommendation:
Staff recommends that the City Council approve a Transportation Development Act grant application for the Moraga Way Pathway Phase 3 Project, from Altamount Drive to Ivy Drive, find the project categorically exempt with respect to CEQA and direct a Notice of Exemption be filed with the County Clerk, by adopting Resolution No. 06-23, in a format specified by the grant requirements.
City Council
Agenda Page 3 01.17.23
G. PUBLIC HEARING
G.1. Adopt Ordinance 23-01 to adopt by reference the 2022 editions of the California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Electrical Code, California Plumbing Code, California Mechanical Code, and Existing Building Code (“Building Codes”), with modifications to those codes to reflect local conditions, and review Resolution 01-23, adopting Contra Costa County’s Findings in Support of Changes, Additions and Deletions to Statewide Building Standards Code and readopting the City’s findings regarding the need for modifications to the California Green Building Standards Code, which find that the modifications to the Building Codes are reasonably necessary because of local climatic, geological, and topographical conditions.
Recommendation:
Hold Public Hearing and Adopt Ordinance No. 23-01 and Resolution No. 01-23
H. POLICY MATTERS
H.1. Winter Storm Update and Adopt Resolution Relating to Existence of a Local Emergency
Recommendation:
Receive a Report on the recent Winter Storms response and impacts and Adopt Resolution 05-23 ratifying the City Manager’s Proclamation of the existence of a local emergency.
H.2. Update on Return to In-Person City Meetings beginning in March, 2023 and Authorization For Continued Use of Remote
Teleconference until February 28, 2023
Recommendation:
Provide direction to staff on the return to in-person meetings in March, 2023 and any future exploration of providing an option of teleconferencing.
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of January 18, 2023 to February 16, 2023 Pursuant to the Provisions of Assembly Bill 361.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
City Council
Agenda Page 4 01.17.23
The next Regular Meeting of the Orinda City Council will be held on Tuesday, January 31, 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 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.