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.
ORINDA LIBRARY
AUDITORIUM
26 ORINDA WAY
ORINDA, CA 94563
(925) 351-6676
CITY COUNCIL
AGENDA
Tuesday, April 18, 2023
6:00 PM - SPECIAL MEETING
City Council
Agenda Page 1 04.18.23
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 04.18.23
6:00 PM
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. WORKSHOP
D.1. Fire Mitigation Update from Other Agencies (PGE, EBMUD, EBRPD) E. ITEMS FOR THE GOOD OF THE CITY
E.1. Proclamation declaring April 2023 as Native Plant Month in the City of Orinda
F. 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.
G. CONSENT CALENDAR
G.1. Ordering the Preparation and Filing of a Report for the Fiscal Year 2023-24 Assessments for the Orinda Street Lighting and
Landscaping Assessment District No. 1986-1
Recommendation:
Adopt Resolution No. 29-23, Ordering the Preparation and Filing of Report for Levy of Annual Assessments for Fiscal Year 2023-24 for Orinda Street Lighting and Landscaping Assessment District No. 1986-1.
H. PUBLIC HEARING
I. POLICY MATTERS
City Council
Agenda Page 3 04.18.23
I.1. Fire Fuels Reduction Incentive Pilot Program Update Recommendation:
Review, Discuss, Adopt Resolution 27-23 approving the Fuel Reduction Incentive Pilot Program update, and provide direction if needed.
J. COUNCILMEMBERS' REPORTS
K. CITY MANAGER'S REPORT
L. MATTERS INITIATED
M. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL -- EXISTING LITIGATION. Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579.
B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 635 square foot retail space located in the Orinda Library Building at 26 Orinda Way, currently occupied by Caffe Teatro. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and So Jin Kim, current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 359 square foot space located in the Orinda Library Building at 26 Orinda Way, currently occupied by the Orinda Association. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and the Orinda Association, current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS. Pursuant to Government Code Section 54956.8, conference with Real Property Negotiators. Property: approximately 593 square foot space located in the Orinda Library Building at 26 Orinda Way, currently occupied by the Orinda Historical Society. Agency negotiators: David Biggs (City Manager), Todd Trimble (Director of Parks and Recreation), and Osa Wolff (City Attorney).
Negotiating parties: City of Orinda and the Orinda Historical Society, City Council
Agenda Page 4 04.18.23
current lessee. Under negotiation: Price and terms of possible lease agreement extension/renewal.
E. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION. Pursuant to Government Code Section 54956.9(d)(4), conference with Legal Counsel regarding initiation of litigation (1 potential case)
4. OPEN SESSION REPORT REGARDING CLOSED SESSION
N. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, May 02, 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.
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.