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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AUDITORIUM
26 ORINDA WAY
ORINDA, CA 94563
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CITY COUNCIL
AGENDA
Tuesday, March 21, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 03.21.23
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
Agenda Page 2 03.21.23
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. Recognition of Service to Outgoing Commissioners and Committee Members: Bobbie Landers, Historic Landmarks Committee, Bergen Kenny Woodbury, Parks and Recreation Commission; Travis Baschek-miller, Traffic Safety Advisory Committee; Jeffrey Lyon, Finance Advisory Committee
D.2. Proclamation Declaring March, 2023 as American Red Cross Month D.3. Proclamation Declaring March, 2023 as Prescription Drug Abuse Awareness Month
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 11, 2023 - Special Meeting
2. March 7, 2023 - Regular Meeting
F.2. Local Commission Appointment List (Maddy Act)
City Council
Agenda Page 3 03.21.23
Recommendation:
Review and Receive the Annual Local Commission Appointment List commonly referred to as the Maddy Act
F.3. Adoption of Ordinance No. 23-02 - Fire Code
Recommendation:
Adopt Ordinance No. 23-03, waiving second reading, An Ordinance Repealing Chapter 8.20 and Adopting a New Chapter 8.20 to Reflect the City's Ratification of Moraga-Orinda Fire District Ordinance 23-01 F.4. Quarterly Report of Cash Disbursements for the Period July 1, 2022 through September 30, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2022 through September 30, 2022
Recommendation:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of JulySeptember 2022.
F.5. 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 24-23 F.6. Establishing the Rate per Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 and requesting the Contra Costa County Flood Control and Water Conservation District to Adopt an Annual Parcel Assessment for Drainage Maintenance and the National Pollutant Discharge Elimination System (NPDES) Program
Recommendation:
Staff recommends adoption of Resolution No. 16-23, establishing the Equivalent Runoff Unit (ERU) for Fiscal Year 2023-2024 for the National Pollutant Discharge Elimination System (NPDES) Program at the same rate as was levied in the current year.
F.7. Revision of the Adopted Job Classification Specifications for the Recreation Leader and Recreation Program Specialist
Recommendation:
Staff recommends the City Council adopt Resolution 23-23 modifying the Recreation Leader and Recreation Program Specialist job classification specification.
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:
City Council
Agenda Page 4 03.21.23
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
H.1. Resolution of Support of Metropolitan Transportation Commission (MTC) Priority Development Area (PDA) Grant Application re BART Station (Resolution 25-23)
Recommendation:
Adopt Resolution 25-23 in support of grant application submittal to the MTC for $200,000 for a PDA Grant to work towards a Memorandum of Understanding between the City, BART and Caltrans regarding a path forward for future Transit Oriented Development (TOD) at the BART site, in support of Downtown Precise Plan Policy 2.3.1 and Housing Element Section 5.7.4, for the Downtown Orinda PDA.
H.2. Commission/Committee Recruitment Update
Recommendation:
Consider appointment of applicants for the Planning Commission and Finance Advisory Committee or select date to conduct interviews H.3. Consider any Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:
Adopt Resolution No. 20-23 adopting the City Council Policies and Procedures Manual
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 Tuesday, April 11, 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.
City Council
Agenda Page 5 03.21.23
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.