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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ORINDA, CA 94563
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CITY COUNCIL
AGENDA
Tuesday, April 11, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 04.11.23
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 04.11.23
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 Declaring April as Fair Housing 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. Quarterly Report of Cash Disbursements for the Period October 1, 2022 through December 31, 2022 and Summary of Revenue,
Expenditures, and Preliminary Fund Balances for July 1, 2022 through December 31, 2022
Recommendation:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of OctoberDecember 2022.
F.2. Extension of Agreement for Professional Audit Services With Maze & Associates For Fiscal Year 2022-2023 Financial Statements Recommendation:
City Council
Agenda Page 3 04.11.23
Staff recommend that the City Council authorize the City Manager to execute a one year extension for audit services with Maze & Associates at a cost not to exceed $35,000, which includes a contingency of $1,590 for any additional work which may be required.
F.3. 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 26-23 F.4. Update Regarding 6th Cycle Housing Element and Annual Housing Element Progress Report for Calendar Year 2022
Recommendation:
(1) Receive update regarding 6th Cycle Housing Element. and (2) review and approve the Housing Element Annual Progress Report for Calendar Year 2022.
F.5. Award Engineering Design Services Contract to CSG for the 2023 Annual Pavement Rehabilitation Project #4171
Recommendation:
Staff recommends that the City Council award the Engineering Design Services Contract for the 2023 Annual Pavement Rehabilitation Project (Project No. 4171) to CSG Consultants, Inc. for the total amount of $ 110,100; authorize program expenditure up to $150,000 to include thirty six percent (36%) contingency; and authorize the City Manager to execute the contract on behalf of the City per Ordinance No. 2.55.105 subject to approval as to form by the City Attorney.
F.6. Award a Contract for the Construction of the federally funded projects to seismically retrofit Miner Road Bridge over San Pablo Creek (CIP # 0044) and Bear Creek Road Bridge over San Pablo Creek (CIP # 0087) to Gordon N. Ball Inc. of Alamo, CA.
Recommendation:
Staff recommends that City Council (1) award said contract for an amount of $1,425,213, (2) authorize the City Manager to administratively approve change orders not to exceed $213,800 (15% contingency); appropriate additional funding in the amount of $210,000 and (4) approve the design of said projects.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Continued Grazing Options for Fire Fuel Reduction at Orinda Oaks Park and Open Space
Recommendation:
Supplemental Sales Tax Oversight Commission Recommendation to Transition to Cattle Grazing and/or provide Other Direction.
City Council
Agenda Page 4 04.11.23
H.2. Taxpayer Protection and Government Accountability Act Resolution of Opposition
Recommendation:
Adopt a Resolution Opposing Initiative 21-0042A1 Taxpayer Protection and Government Accountability Act
H.3. Strategic Priorities for Fiscal Year 2023-2024 and 2024-2025 Recommendation:
Review and Confirm Strategic Priorities for the City
H.4. Hybrid Meetings Implementation Options
Recommendation:
Commence Offering a Hybrid Option for City Council Meetings starting May 2, 2023, and Planning Commission starting June 2023 H.5. Commission Recruitment Update
Recommendation:
Consider appointment to the Planning Commission or provide direction to staff to set up interviews.
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 18, 2023 at 6:00 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 ~
City Council
Agenda Page 5 04.11.23
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.