MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING
IN PERSON, BY TELECONFERENCE, OR VIEW ON YOUTUBE AS LISTED BELOW https://www.youtube.com/@cityoforinda9535/streams
Zoom Webinar:
https://tinyurl.com/OrindaCityCouncil
Phone:669 444 9171
Webinar ID:
810 2271 2723
In Person:
Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
(925) 351-6676
CITY COUNCIL
AGENDA
Tuesday, May 9, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 05.09.23
How to follow and/or participate in the meeting:
IN PERSON 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.
REMOTE COMMENTS: Use the Zoom “raise hand” function on your computer screen, or the *9 function on your phone to comment remotely. Public comment is generally limited to 3 minutes per speaker per agenda item.
WRITTEN COMMENTS: You may also submit a public comment in advance of the meeting by following instructions below:
Deliver to City Hall at 22 Orinda Way or send an e-mail to [email protected] by 3pm on the day of the meeting. Those comments 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
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
City Council
Agenda Page 2 05.09.23
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. Orinda-Miramonte Photography Challenge Presentations D.2. Proclamation Declaring The First Friday in June, 2023 as National Gun Violence Awareness Day in Orinda
D.3. Proclamation Recognizing May, 2023 as Jewish American Heritage Month
D.4. Proclamation Recognizing May, 2023 as Asian Pacific Islander Heritage Month
D.5. Proclamation Recognizing EBMUD Centennial Anniversary - May 22, 2023
D.6. Orinda Teen Advisory Committee Annual Report
D.7. Orinda Association Annual Report
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 Investment Report For Period Ending March 31, 2023 Recommendation:
Staff recommends that the City Council accept the Quarterly Investment Report for the period ending March 31, 2023.
City Council
Agenda Page 3 05.09.23
F.2. Approve Engineer's Report for the Levy of Annual Assessments; Providing Notice of Intention to Levy Annual Assessments; and Set June 6, 2023 as the date for the Hearing on the Levy of Assessments for Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11 for Fiscal Year Ending June 30, 2024.
Recommendation:
Adopt Resolution No. 34-23, Approving the Engineer's Report for the Levy of Annual Assessments for Fiscal Year Ending June 30, 2024, Orinda Street Lighting and Landscaping Assessment District No. 1986-1, Zones L-42, M-9 and M-11 and Resolution No. 35-23, Intention to Levy and Collect Assessments for Fiscal Year Ending 2024 within the Orinda Street Lighting and Landscaping Assessment District No. 1986-1 Zones L-42, M-9 and M-11.
F.3. Contract Acceptance of the City Hall North Parking Lot Slope Stabilization Project No. 4108 with NBC Construction, Inc.
Recommendation:
Staff recommends that the City Council adopt Resolution No.33-23 Acceptance of Work for the City Hall North Parking Lot Slope Stabilization Project No. 4108 with NBC Construction, Inc. and authorize the City Clerk to sign and file the Notice of Completion with the Contra Costa County Clerk-Recorder.
F.4. New 3-year lease agreement with the Orinda Association for space at the Orinda Library
Recommendation:
Authorize the City Manager to execute on behalf of the City a new 3-year lease agreement with the Orinda Association.
F.5. New 3-year lease agreement with the Orinda Historical Society for space at the Orinda Library
Recommendation:
Authorize the City Manager to execute on behalf of the City a new 3-year lease agreement with the Orinda Historical Society.
F.6. New Retail Lease Agreement with So Jin Kim (dba Caffe Teatro) for space at the Orinda Library
Recommendation:
Authorize the City Manager to execute on behalf of the City a new 3-year Retail Lease agreement with So Jin Kim (dba Caffe Teatro) for space at the Orinda Library.
F.7. Partial Release of Retention to Bay Cities Paving & Grading, Inc. for the 2022 Annual Pavement Rehabilitation Project (Project No.4166 & Project No. 4165) and Moraga Way Pedestrian Pathway Project (Project No. 4168) and Approve Project Budget Changes/Corrections.
Recommendation:
City Council
Agenda Page 4 05.09.23
Staff recommends that the City Council approve the release of $140,000 in retention for the subject Bay Cities Paving and Grading Inc. Contract, and approve Budget Change Form #011-23 for Project No.4166.
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Roads and Storm Drain Needs Update
Recommendation:
Receive PowerPoint presentation from Staff.
H.2. Inclusionary Housing Ordinance - Continued From May 2, 2023 Recommendation:
Receive Report regarding Inclusionary Housing Ordinances, Discuss Key Parameters, and Direct Staff to Prepare an Ordinance for Review and Consideration.
H.3. Strategic Priorities for Fiscal Years 2023-24 and 2024-25 Recommendation:
Review and Confirm Strategic Priorities for the City as Revised I. COUNCILMEMBERS' REPORTS
J. CITY MANAGER'S REPORT
K. MATTERS INITIATED
L. CLOSED SESSION
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters
3. CLOSED SESSION
A. CONFERENCE WITH LABOR NEGOTIATORS. Pursuant to Government Code Section 54957.6 - Conference with the City's designated labor negotiators, David Biggs (City Manager), Doug Alessio, (Administrative Services Director), to review the City's position and instruct the City's designated representatives regarding negotiations all bargaining units.
B. 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.
4. OPEN SESSION REPORT REGARDING CLOSED SESSION
M. ADJOURNMENT
City Council
Agenda Page 5 05.09.23
The next meeting of the Orinda City Council will be held on Tuesday, June 06, 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.