SPEAKER CARDS: If you would like to speak during the public forum or on an item listed on the agenda, you are invited to submit a speaker card to the City Clerk. You will be permitted to speak even if you elect not to submit a speaker card or decline to provide information requested on the card. After the City Council has heard from everyone who submitted speaker cards, anyone electing not to submit a speaker card may form a line at the lectern. Public comment is generally limited to 3 minutes per speaker per agenda item.
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CITY COUNCIL
AGENDA
Tuesday, March 7, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 03.07.23
How to follow or participate in the meeting:
• Members of the public may observe and participate in the meeting by attending in person at the highlighted location above. The meeting will be live streamed via the City YouTube Channel. https://www.youtube.com/@cityoforinda9535/streams • They may also submit a public comment 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://tinyurl.com/Orinda-Public-Comments • 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.
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. Introduction of New Senior Engineer Ryan O'Kane
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. February 21, 2023 - Regular Meeting
F.2. Adoption of Resolution 15-23 Authorizing Street Closure to Vehicular Traffic and Parking Restrictions on a portion of Orinda Way every Saturday between 6:00 a.m. to 2:00 p.m. from April 1, 2023 to March 28, 2026 for the Contra Costa Certified Farmers’ Market Recommendation:
Adopt Resolution 15-23 authorizing the closure of a portion of Orinda Way (Traffic Order No. 220) to vehicular traffic to allow for space for farmers' market vendors.
F.3. Contract Amendment No. 2 with DC Electric Group, Inc. for On-Call Traffic Signal and Street Light Maintenance Services
City Council
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Recommendation:
Staff recommends that the City Council: 1) Approve Contract Amendment No. 2 (Between the City of Orinda and DC Electric Group, Inc.) to extend the on-call contract term to December 31, 2023 and increase the contract value by an additional $100,000 to a new total contract amount of $400,000 2) and Authorize the City Manager and City Clerk to execute the contract amendment on behalf of the City, subject to approval as to form by the City Attorney
F.4. Reaffirm 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 17-23 F.5. Certification of County Measure J Growth Management Program Compliance Checklist for Calendar Years 2020 and 2021
Recommendation:
Adopt Resolution No. 18-23 authorizing the Mayor to certify the County Measure J Growth Management Program Compliance Checklist for calendar years 2020 and 2021 enabling the City to receive its allocation of Local Street Maintenance & Improvement Funds for fiscal years 2021-22 and 2022-23.
F.6. Authorization to Waive Formal Bidding And Purchase Two Replacement Police Patrol Vehicles Including Equipment and Installation
Recommendation:
Approve Resolution 21-23 waiving a formal bid and authorizing staff to replace two patrol vehicles at a cost of $170,700 ($115,700 for the vehicle and an estimate of $54,000 for outfitting and small contingency of $1,000); and approve the Budget Change in the amount of $65,000 from the Fleet Replacement Fund.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Quarterly Financial Report (2nd Qtr FY 2022-2023) and Mid-Year Budget Adjustments
Recommendation:
1. Receive the report and authorize Staff to record the Budget adjustments as described in Attachment F (Budget Change Form). 2. Discuss any initial ideas for possible consideration in the development of the next two year budget FY 2023/24 and 2024/25.
City Council
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H.2. Ratification of Moraga-Orinda Fire District (“MOFD”) Ordinance 23- 01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions with associated findings and introduction of City of Orinda Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with a version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01.
Recommendation:
(1) Adopt Resolution 22-23: ratifying MOFD Ordinance 23-01, which adopts the 2022 California Fire Code and, by reference, the 2021 International Fire Code and makes modifications to those codes to reflect local conditions, and adopting MOFD’s Findings of Fact that the proposed amendments are reasonably necessary because of local climatic, geological, or topographical conditions.
(2) Introduce Ordinance 23-03 to repeal and replace the City of Orinda’s Municipal Code Chapter 8.20, “Fire Safety,” with an updated version of this Chapter that reflects the City’s ratification of MOFD Ordinance 23-01, waiving a full reading of the text.
H.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 authorize the City Manager to sign an amendment to the existing Big Belly to extend it for an additional five years and to request $460,084.37 from the CCC Solid Waste Authority (RecycleSmart) JPA's Member Agency Reserve Funds in the amount of in order to fund the costs.
I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Wednesday, March 15, 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 City Council
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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.