Orinda City Council Minutes Page 1 of 9 02.07.23
February 7, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed at: http://orindaca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2360.
They are also kept in the City Clerk’s Office as part of the public record and available upon request. 7:00 P.M. –REGULAR MEETING– BY TELECONFERENCE
A. CALL TO ORDER / ROLL CALL:
Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller
C. ADOPTION OF AGENDA
City Manager Biggs stated Item F.4 will be removed from the agenda and brought back at a future meeting. He requested the Council move Item F.5 regarding the existence of a local emergency to Policy Matters as Item H.1. Councilmember Malkani asked to remove Item F.10, and Mayor Miller said this can be moved and heard as Item H.2.
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to adopt the agenda, as amended. Said motion was carried by a unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing Black History Month in Orinda - February 2023
Mayor Miller and Councilmembers presented a proclamation recognizing Black History Month in Orinda in February 2023, and Mayor Miller read the proclamation into the record.
Councilmember Malkani said she did not see a link for the proclamation and asked if the agenda packet could include the proclamation when published. She noted there was a reference to the DEI efforts of the schools and the City in the past has joined in those efforts which refer to “equity” and not “equality”, and she asked that it be corrected. She also hoped that the City could incorporate DEI efforts into its programming moving forward.
Orinda City Council Minutes Page 2 of 9 02.07.23
Michael Beller, Contra Costa County Librarian, said they are happy to have been mentioned. He stated it is a privilege to serve this community, and an honor to celebrate Black History Month.
Mayor Miller opened the Public Forum, and there were no speakers.
E. PUBLIC FORUM
City Clerk Sheri Smith reported receiving one Public Forum communication from Nick Waranoff which has been forwarded to the Council and is on the City’s website. There were no speakers present.
F. CONSENT CALENDAR
Mayor Miller requested removal of Item F.9 from the Consent Calendar, and stated Item F.4 has been continued, and Items F.5 and F.10 have been requested for removal and will be heard under Policy Matters.
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:
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. 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.4. Authorize City Manager to Enter into the First Amendment of the Agreement with Bigbelly Smart Waste and Recycling System Recommendation:
Orinda City Council Minutes Page 3 of 9 02.07.23
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 – REMOVED AND CONTINUED
F.6. 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.7. 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)
F.8. Authorize Contract Amendment No. 2 with CSG Consultants, Inc. for On-Call Construction Management Services
Recommendation:
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.
MOTION by Vice Mayor Gee moved and seconded by Councilmember Iverson to approve Consent Calendar Items F.1, F.2, F.3, F.6, F.7, and F.8. Said motion carried by unanimous (5-0) roll call vote.
Item Removed from the Consent Calendar:
F.9. Contract Acceptance of the Lavenida Culvert Repair Project No. 4148 with Valentine Corporation.
Recommendation:
Orinda City Council Minutes Page 4 of 9 02.07.23
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 Mayor Miller said getting the fence and guardrail products in a brown color or a dark color to be less visible is more expensive. It may be something the Council wants to review for future projects.
MOTION by Vice Mayor Gee moved and seconded by Councilmember Riley to approve Consent Calendar Item F.9. Said motion carried by unanimous (5-0) roll call vote.
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).
Mr. Biggs gave the staff report and brief introduction of the item. He said Rick Smeaton, consultant, is available as well City Attorney Osa Wolff to answer questions regarding the ordinance, which is mandated by the State.
Rick Smeaton gave a PowerPoint presentation of the zoning code update of MWELO and recommended the Council introduce the Ordinance which adopts the State’s model ordinance and includes a determination that it is exempt from CEQA.
Vice Mayor Gee asked if the mulching requirement in the ordinance conflicted with the mulching requirement in the Fire Code.
James Duff, Education and Outreach Coordinator, stated in the reading of the ordinance, MOFD’s suggestions for how to mulch would take care of that requirement. He noted some organic mulches would not be allowed in certain areas such as within the zero to 2 feet but there are some resistant-ignition mulches that would be able to fall within that provision. As far as brush goes, he had a question into Chief Winnacker who commented that it is “woody stemmed material with multiple trunks.” Coyote brush is one of the main offenders MOFD is concerned about.
Vice Mayor Gee asked if there should be additional language in this ordinance to make it clearer between the two.
Mr. Biggs added that the Fire District is adopting their defensible space ordinance and taking it out of the current Fire Code. There is language in the State’s model ordinance that they are adopting that does talk about landscape design plans in Section F, which he recited.
Orinda City Council Minutes Page 5 of 9 02.07.23
His understanding is that because the City is adopting the State model code, that language is what the Council is adopting, and the local guidelines adopted by the Fire Department would provide that additional guidance. Staff is working with the Fire District to come up with a list of allowed plants because it is not well defined in State law and then rests with the Fire Chief to make the determination.
Mayor Miller said she is concerned and needs to address this because brush is a defined word.
Councilmember Malkani said the overriding concern was whether there should be some conferring with MOFD before the ordinance is adopted about exactly what they are talking about. She read this as noble, given the drought but they are dealing with water shortages, eliminating fuels, and the need to keep root systems in place so they do not have landslides.
Mayor Miller asked if she had questions for staff as to whether it makes sense for both agencies to be looking at the two ordinances together at a joint meeting.
Councilmember Malkani asked if the ordinance changes have been shared with Chief Winnacker for comment or she wondered if they could be shared at a 2x2 meeting, etc.
Mr. Biggs said this is current State law, and sometimes cities end up with conflicting provisions. The Fire Chief is familiar with the State model Fire Code and staff had raised this issue previously in the correspondence from the Council and City about the defensible space ordinance and local Fire Code amendments. While the City can go further than the State law, it cannot go less and he thinks clarification is needed as far as implementation as opposed to the legal framework. Projects must comply with these requirements even though they are not codified in the City’s Municipal Code.
City Attorney Osa Wolff agreed and said the City has been requiring compliance with the State model for years now and what they have not done until now is brought it forward for formal adoption. She is hearing several questions about whether a given applicant will be able to comply with both; the WELO and MOFD’s requirements. Her sense is that to date they have been able to, and she suggested talking with MOFD staff to see whether they foresee any conflicts.
In terms of procedure, tonight is a noticed public hearing. If the Council would like to it could continue tonight’s hearing to a future date certain and no re-noticing would need to be done or, if the Council could introduce the ordinance and ask staff to report back with answers at the second meeting. A third option would be to take no action this evening and re-notice the ordinance for a future date.
Mayor Miller asked and confirmed the Council can continue the introduction of the ordinance given any changes requested.
Orinda City Council Minutes Page 6 of 9 02.07.23
Councilmember Malkani asked and confirmed with the City Attorney that any amendments could be made and brought forward once the ordinance is adopted; that there was no public comments or concerns expressed from the public when it was before the Planning Commission, confirmed climate-adapted plans are defined in State law and this is why the City does not define it here, as new development projects come in staff would use a checklist as to what is required for permitting, and the City added a definition for hot tubs and swimming pools.
Councilmember Iverson referred to the title of the short-lived Climate Pollutants Reduction Act and asked what these short term climate pollutants the City is reducing. Mr. Biggs said water conservation is one goal, but also reducing runoff is another.
Councilmember Iverson recommended focusing on the City’s goals of fire safety and drought preparedness. She said staff indicated this does not apply to parks, sports fields, golf courses, and asked what was not in the text so they can understand the applicability.
Lastly, there is a 25% proportion allowed of lawn relative to other landscaping. If a home has a lot of natural non-landscaped space and a small lawn, she asked how they look at those proportions and asked if they can look at natural property as part of the calculation.
Mr. Smeaton said it is just the square footage of the property. Regarding golf courses, common areas, parks, etc. he can research whether there are any limitations on space to be deemed compliant.
Mayor Miller opened the Public Forum, and there were no speakers.
Councilmember Malkani suggested conferring with MOFD and continue the introduction to the next meeting, although she could also be persuaded to introduce the ordinance tonight.
Ms. Wolff suggested continuing the item to two meetings from now, given noticing requirements and Mayor Miller added they could also check MOFD’s schedule.
Councilmembers suggested not rushing this, gathering more information from MOFD, and voiced support for continuation.
Mayor Miller asked about the 2x2 Committee meeting schedule, and Mr. Biggs said he anticipates the next meeting will be in March. He noted MOFD has their second reading and adoption of their defensible space ordinance next week, and Mayor Miller suggested bringing back the ordinance sometime in April. Discussion then ensued regarding State rules the City must follow, concerns with the timing of the ordinance and re-noticing, and the desire to coordinate with Chief Winnacker and the 2x2 Committee.
Mr. Biggs agreed that he will contact Chief Winnacker to suggest a 2x2 meeting to discuss the City’s ordinance and MOFD’s ordinance.
Orinda City Council Minutes Page 7 of 9 02.07.23
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to continue the MWELO ordinance for consideration on a future agenda in April to be re-noticed, with the intent that while the Council understands the ordinance will be compliant with State law, they also want it to be as consistent as possible with MOFD’s local ordinances and understand the MWELO ordinance and how it interacts with MOFD’s laws so the City can provide as much clarity to residents as possible. Said motion carried by unanimous (5-0) roll call vote.
H. POLICY MATTERS
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 City Manager Biggs stated this item reaffirms the proclamation of the existence of a local State of Emergency with respect to the continuing 202-23 winter storms. He asked the Public Works Director to provide an update on the damage to public facilities, noting that the main reason they wish to continue it is because they are still discovering damage from the storms.
Public Works Director Scott Christie then provided an update on assessment of repairs from continued storm damage to public facilities, work with the City’s geotechnical engineer relating to the potential need for a retaining wall, additional damage reported by the public, and said the proclamation would give the City an advantage to move forward with a negotiated contract and not a bidding situation which would take additional time.
Councilmember Riley questioned the location of the retaining wall and asked if it is marked. Mr. Christie said it is not marked, but it is located across from the Country Club by the pull-out area which the City utilizes as a staging area on the right side of the road about 1,000 feet up the hill on Camino Sobrante or before coming to the entrance to the OCC Pool. The current wall is about 100 feet in length of timber wood and concrete columns which are leaning.
Councilmember Riley questioned damage to City buildings, and Mr. Christie stated they are included in the list of qualified damaged facilities, given rooms are made uninhabitable and not safe. They have not included, however, Orinda Oaks Park because it is not an immediate threat and something that could be addressed later under normal Public Contracts Code regulations.
Parks and Recreation Director Todd Trimble confirmed this is the extent of damaged park facilities. There is no long-term damage but he noted the fields will take time to dry out.
Mayor Miller opened the Public Forum, and there were no speakers.
Mr. Biggs confirmed with the Mayor there is an updated list with the resolution that added Camino Sobrante retaining wall.
Orinda City Council Minutes Page 8 of 9 02.07.23
MOTION by Councilmember Malkani moved and seconded by Councilmember Iverson to adopt Resolution 11-23, as amended. Said motion carried by unanimous (5-0) roll call vote.
F.10. 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.
Councilmember Malkani questioned how this agreement fits into the City’s overall road repairs.
Public Works Director Scott Christie said the roads that staff selects are based on the Street Saver program which is managed by MTC and they use the as the basis for design.
In this case, it has to do with a State funding source the City has which is the LPP and they require the City to nominate the street list. The funding source is part of the overall funding the City annually relies on for projects. The CCTA Exchange Agreement will allow the City to receive monies sooner and they get a discount on the paving cost, and paying it back later with the CCTA return to source funds, which is a good thing.
Mr. Biggs said staff will also be bringing a more comprehensive update to the Council and SSTOC in April relating to roads and storm drains and costs to maintain the City’s PCI.
Councilmember Iverson said because 3 of the 5 Councilmembers are newer, she suggested staff indicate in the future what acronyms are, such as “FC” is and “ULRABC” means.
Vice Mayor Gee referred to Overhill and said she was surprised it was not on the list, but Terra was. She asked why it is not included now, the timing for it to be done, and what the City plans to communicate to the neighborhood.
Mr. Christie said Overhill has been under construction in terms of utility work for about one year by EBMUD with water main replacement work, as well as parts of Terra Road.
The work was coordinated with the City’s work and moratorium. Their trenchwork is now complete and he spoke about maintenance done to bring low spots up in the trench work.
The permanent trench repair or “T” cut is moved up for the week of February 27th. At that time the structural condition of the street would be returned to an acceptable level. Staff is not planning until 2024 to do the next full surface treatment because of this work, and he then provided an explanation of the street cut moratorium, stating if it is a nonemergency pipe project, the utility company must put it off until the moratorium expires.
Staff’s goal is to regularly communicate with the utilities so they do not find them in negative situations with street and other projects.
Orinda City Council Minutes Page 9 of 9 02.07.23
MOTION by Councilmember Iverson moved and seconded by Vice Mayor Gee to authorize the Fund Exchange Agreement No. 628 with the Contra Costa Transportation Authority for State SB1 Local Partnership Program formulaic (LPPF); and allow the City Manager or designee to make any non-substantive changes to the language. Said motion carried by unanimous (5-0) roll call vote.
I. COUNCILMEMBERS’ REPORTS
Councilmember Malkani reported on her attendance to the Orinda Association meeting as liaison and announced that the OA Car Show will be Saturday, September 9th from 10- 2 in the Orinda Village.
Mayor Miller announced Senator Steve Glazer is going to have an in-person Town Hall on February 22nd in the Library Auditorium in Orinda at 6:00 p.m. and she thanked the City’s legislators for their assistance in recent storm damage.
J. CITY MANAGER’S REPORT
City Manager Biggs stated the resolution to meet via Zoom has an end date of February 24th. The Governor’s State of Emergency will end on February 28th, and at the next meeting, staff will bring an item to end the City’s local emergency relating to COVID. They will go back to in-person meetings, as well as work on hybrid options, and the first March meeting will be a regular in-person meeting. He also thanked staff and the Council for their work in assisting residents with impacts resulting from the slide, and send their condolences.
He reported the Council will be doing some strategic planning later this month. A survey is available for the community to share insights, and he encouraged everyone to access it. He asked everyone to mark their calendars for the first Fire Prevention and Safety Fair on Saturday, April 22nd in the Community Park.
K. MATTERS INITIATED – None.
L. ADJOURNMENT
The Regular Meeting was adjourned at approximately 9:00 p.m. to the next Special Meeting on Saturday February 11, 2023 at 9:00 a.m.
______________________________________
Sheri Marie Smith, City Clerk