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, February 7, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 02.07.23
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 02.07.23
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. Proclamation Recognizing Black History Month in Orinda - February 2023
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. January 10, 2023 - Regular Meeting
2. January 17, 2023 - Regular Meeting
F.2. Authorization For Continued Use of Remote Teleconference for City Meetings
Recommendation:
City Council
Agenda Page 3 02.07.23
Approve the Ratification of Orinda City Council Resolution No. 42-21 and Authorize the Continued Use of Teleconference Meetings for the Period of February 8, 2023 to February 24, 2023 Pursuant to the Provisions of Assembly Bill 361.
F.3. Authorize City Manager to Enter into the First Amendment of the Agreement with Bigbelly Smart Waste and Recycling System Recommendation:
Staff recommends the City Council direct it’s JPA Board Members to request sufficient funding from reserves of recycling revenue ($460,084.37) in which to amend the existing Big Belly contract by extending for an additional five years, and authorize the City Manager to sign said amendment
F.4. Authorizing the City Manager to Enter into a new 3-Year Contract with Contra Costa Certified Farmers’ Market (CCCFM) for Operation of a year-round Orinda Farmers’ Market
Recommendation:
Authorize the City Manager to enter into a new 3-year contract with CCCFM to operate a year-round Orinda Farmers’ Market from April 1, 2023 through March 28, 2026.
F.5. Reaffirming proclamation of the Existence of a Local State of Emergency with Respect to the Continuing 2022-23 Winter Storms Recommendation:
Staff recommends that the City Council adopt Resolution 11-23 F.6. Authorization to Execute Fund Exchange Agreement No. 628 with the Contra Costa Transportation Authority (Authority) for State SB1 Local Partnership Program Formulaic (LPP-F)
Recommendation:
Staff recommends authorizing said Agreement and to allow the City Manager or designee to make any non-substantive changes to the language.
F.7. Contract Acceptance of the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation.
Recommendation:
Staff recommends that the City Council adopt Resolution No.04-23 Acceptance of Work for the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation and authorize filing a Notice of Completion F.8. Authorize Contract Amendment No. 2 with CSG Consultants, Inc. for On-Call Construction Management Services
Recommendation:
City Council
Agenda Page 4 02.07.23
Staff recommends that the City Council review Contract Amendment No. 2 for CSG Consultants, Inc to extend the on-call contract for Construction Management services and authorize the City Manager and City Clerk to execute the Contract Amendment, subject to approval as to form by the City Attorney. The amendment will increase the maximum on-call contract amount to $150,000.
F.9. Contract Acceptance of the Camino Sobrante Retaining Wall Replacement Project No. 4152 with E.E. Gilbert Construction, Inc.
Recommendation:
Staff recommends that the City Council adopt Resolution No.10-23 Acceptance of Work for the Camino Sobrante Retaining Wall Replacement Project No. 4152 with E.E Gilbert Construction, Inc. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
F.10. Approve list of streets for the Annual 2023 Pavement Rehabilitation Project and approve $200,000 Road Project Funding Nomination to California Transportation Commission (CTC) for 2023 SB 1 Local Partnership Program formulaic funds for the 2023 Annual Pavement Rehabilitation Project No. 4171.
Recommendation:
Staff recommends the Council review and approve the list of streets for the Annual 2023 Pavement Rehabilitation Project, authorizing the City Manager to execute and submit the Funding Nomination packet to the California Transportation Commission (CTC)
G. PUBLIC HEARING
G.1. Introduce Ordinance 23-02 Amending Chapter 17.17 of the Orinda Municipal Code and Adopting the State Model Water Efficient Landscape Ordinance ("MWELO") by Reference
Recommendation:
Introduce Ordinance 23-02, waiving full reading, which includes a determination that it is exempt from the California Environmental Quality Act (CEQA).
H. POLICY MATTERS
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
City Council
Agenda Page 5 02.07.23
The next Regular Meeting of the Orinda City Council will be held on Saturday, February 11, 2023 at 9:00 AM.
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.