Orinda City Council Minutes Page 1 of 9 07.18.23
JULY 18, 2023
CITY OF ORINDA
CITY COUNCIL MINUTES
Note: Written communications received from the public prior to the start of this meeting can be viewed on the City’s website meeting calendar. They are also kept in the City Clerk’s Office as part of the public record and available upon request ([email protected]). 7:00 P.M. –REGULAR MEETING– ORINDA LIBRARY AUDITORIUM
A. CALL TO ORDER / ROLL CALL:
Mayor Miller called the Regular Meeting to order at approximately 7:00 p.m. She stated the City Council had adjourned from the 6:00 p.m. Closed Session on the item listed at the end of this agenda, and there was no reportable action taken and one public comment received from Mr. Waranoff.
COUNCILMEMBERS PRESENT: Brandyn Iverson, Latika Malkani, Janet Riley Mayor Inga Miller, Vice Mayor Darlene Gee
COUNCILMEMBERS ABSENT: None
B. PLEDGE OF ALLEGIANCE – Led by Mayor Miller
C. ADOPTION OF AGENDA
MOTION by Vice Mayor Gee, and seconded by Councilmember Malkani, to adopt the agenda. Said motion carried by unanimous (5-0) roll call vote.
D. ITEMS FOR THE GOOD OF THE CITY
D.1. Proclamation Recognizing August 1, 2023, as National Night Out in the City of Orinda
Mayor Miller presented the proclamation and recognized the Police Department for holding the National Night Out in the City of Orinda on August 1, 2023. The Police are hosting an Open House that evening so for those not having an event at their home might plan it for another evening so they can come and celebrate.
Police Chief Sullivan stated the National Night Out event is from 5:00 to 8:00 p.m. and will extend it if necessary. They will collecting donations for the Family Justice Center and school supplies, and there is an opportunity to Dunk the Chief in a dunk tank. They will be grilling food, booths set up to discuss firearms storage, free gun locks, community warning system signups, Nixle signups, emergency preparedness and evacuation information. It will be held in front of the Police Department and will have officers going to other neighborhoods that are hosting National Night Out events, as well.
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Councilmembers thanked Mayor Miller and Police Chief Sullivan for organizing National Night Out and bringing residents together.
D.2. California Consulting - Grant Update
Steve Samuelian, Principal, California Consulting, Inc., acknowledged the many staff members they work with monthly at the City who do a terrific job, have a long, detailed grant meeting with them and then provide the City Manager’s Office with a monthly written report with specificity on each grant they are working on for the City, conduct go/no go analysis and why they decided to apply for the grant or why they did not in conjunction and collaboration with City staff.
They work with almost 100 cities and school districts across the State and Orinda has a fantastic team, providing all information they need on-time, answering questions, and this is a big part of grant writing. He acknowledged David Marquez, Statewide Senior Grants Manager, Matthew Kaam, Project Manager/Grant Writer, and Samantha Di Ambrosio, Management Assistant.
Mr. Samuelian then provided PowerPoint presentation covering a background of California Consulting, Inc., statistics of over 1400 grant applications, grant writers and their experience, applications awarded resulting in over $1.6 billion, and public agency clients across the state, their services, the process, their corporate team, Orinda awards, denied grants, grants pending and in progress, grants under consideration, those on the lookout for, grant vetting considerations.
Councilmember Malkani thanked Mr. Samuelian for his presentation, said the U.S.
Department of Transportation Protect Grant was very popular and also very topical and improvement of evacuations is important. She asked if this is something targeted more for underserved communities.
David Marquez, Statewide Senior Grants Manager, said this grant will serve disadvantaged communities but it also looks primarily at climate adaptation that affect transportation caused by climate change and also looking at issues with hazard mitigation at a local and regional level. It is not just about eligibility but they also look at readiness and projects that can benefit the region. They looked at it carefully, refer to guidelines and feel this could have a local and regional benefit.
Vice Mayor Gee thanked Mr. Samuelian for his presentation. He spoke about the list and categories and she is curious about the universe of opportunity related to climate change.
She asked about consideration of grants that are multi-jurisdictional such as involving EBMUD or EBRPD or MOFD which are also tied into challenges the City is trying to address.
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Mr. Samuelian replied there has never been this much money available at the federal level for climate adaptation, climate mitigation, they are now able to do GHG emission reduction calculations, and they are able to write a lot more grants. To be competitive they look at opportunities that can have a regional impact. They have talked about partnerships, MOUs, and they are able to collaborate with a regional agency.
Councilmember Iverson noted the firm writes grants but are not lobbyists. She asked if the company champions Orinda’s grant eligibility through the process, and asked and confirmed ATP is an acronym for Active Transportation Program which is a Caltrans grant and changed from its former name of Safe Routes to Schools 7 years ago. It includes everything other than combustible transportation.
Mr. Samuelian said they do not do lobbying at the federal or state level, although if it is grant related they can be involved in speaking with different agencies. Often, they will set up meetings with the State Water Resource Control Board and their clients to talk about grants and funding but not bills or legislation. Another example is the earmark for the Parks and Recreation money which the City Manager indicated they received through Assemblymember Rebecca Bauer-Kahan’s office. Mr. Samuelian recognized the City’s work for achieving those dollars.
Mr. Marquez said over the last 3 years he wrote several appropriations-related grants primarily for infrastructure for community centers. They put together the application and then it goes to Congress and eventually to the Appropriations Committee, gets adopted, and funding is awarded. He still must fill out an entire application on the formal U.S.
Federal Grants portal called grants.gov even though they are getting the funding. There is also compliance follow-up as well.
Councilmember Malkani said now that the City has been through over a year with grants being awarded and denied, the City is not an under-served community and she asked if they would have greater success if they were to partner with other agencies for wildfire resilience, climate adaptability, or infrastructure, parks, and other community spaces grants which would show more of a regional impact.
Mr. Marquez said he thinks it is case-by-case. If they find it in their strategic interest, it benefits the region and they get support from the regional agencies, they can look at its alignment with the City’s CIP or strategic plans and see if there is alignment there, as well as with the State. When dealing with wildfire, in some cases disadvantaged communities will have preference but not in all cases. When it comes to sustainability, there are affluent cities dealing with climate adaptation-related projects due to erosion on cliffsides, affecting transportation and roads, as well as rural area issues. They will continue to see an emphasis on grants that respond to climate change and highway safety grants when injuries and fatalities occur.
Mr. Biggs noted California Consulting also does some grant writing for non-profits and staff asks that they keep an eye out for community non-profits such as the new Fire Safe Moraga-Orinda that are eligible for direct funding through the State, but they have referred other grant opportunities to them.
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Mayor Miller said another area of focus could be Seniors Around Town because this is an area of tremendous need where they rely on volunteers for transportation through a non-profit group.
Mayor Miller opened the Public Forum.
Sora O’Doherty, Lamorinda Weekly, asked if there is a conflict of interest in California Consulting writing grants for the same subject for many cities and asked if Orinda is suffering because it does not have a lobbyist to continue to promote its grant applications.
Mayor Miller asked and confirmed Mr. Samuelian could answer the question.
Mr. Samuelian said this is a common question and there is not a conflict of interest. It is independent federal and state agencies doing the scoring of applications and not California Consulting. Regarding whether the City can hire a lobbyist, this is a policy decision for the Council.
Mr. Marquez added that they are not going to write a grant unless it is competitive. They usually have a writer assigned to a City and it is important for that writer that they become an advocate for that City who works with staff as a team. He thinks their relationships with City officials are more effective than a lobbyist.
Councilmember Riley asked if they could obtain more information on how successful lobbyists are. Mr. Biggs said this was a referral from the Council which staff will be bringing back as to whether to retain a lobbyist or not. Most programmatic grants are being scored by a matrix and often times prohibit lobbying.
Mayor Miller and Councilmembers thanked California Consulting staff for their presentation.
E. PUBLIC FORUM
Sandy Pearson, spoke about wildfire risk and the experience in her Firewise community neighborhood. They thought they were doing well in clearing brush and were surprised when everyone got a pre-citation in June and they scrambled to hire contractors. It was expensive, people are confused as to what is required, and she presented an article from Marin County called “Ecologically sound practices for reducing wildfire risk” which was developed in collaboration between fire agencies and the environmental community to prepare a set of best practices. This is something Orinda could use for its residents.
Mayor Miller thanked Ms. Pearson for her comments and her stewardship with neighbors, and Micki Cronin and James Duff have taken note of the article.
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Nick Waranoff stated the Fire District has a free Ambassador program of people who will come out and look at properties and provide advice. He thinks the City is heading for an iceberg with little time to avoid it, which is the no net loss rule. He referred to his detailed statements previously submitted, which he described, and urged the City to propose to HCD a high density of 120 units/acre, mixed-income, mixed-use with amenities project which will obviate the criticisms when the City was proposing a low-income outpost project.
Mr. Biggs said staff does not necessarily agree with Mr. Waranoff on deadlines and they have consulted with HCD on it.
F. CONSENT CALENDAR
Mayor Miller asked and confirmed Mr. Waranoff requested the removal of Item F.1.
Councilmembers did not wish to remove any items.
F.2. Request Approval for Purchase of Colin Selig’s Artwork Pieces Utilizing a Combination of Private Donations and City Funds Recommendation:
Approve Resolution No. 46-23 authorizing the purchase by the City of Orinda of artwork by Colin Selig (Asymmetric Chair, Bean Love Seat, Chaise Love Seat, Low Back Bubble Bench) using a Combination of Private Donations and City Funds by Approving the Attached Budget Adjustment Form 002-24.
F.3. Adopt Resolution 45-23 to update Resolution 43-88 Recognizing the Orinda Teen Advisory Council (OTAC)
Recommendation:
Staff recommends the City Council adopt Resolution 45-23 clarifying the operation of the Orinda Teen Advisory Council (OTAC), including that it is not a body subject to the Brown Act, but is, instead, a recreation program operated by the Parks and Recreation Department.
MOTION by Councilmember Malkani, and seconded by Councilmember Iverson, to approve Consent Calendar Items F.2 and F.3. Said motion carried by unanimous (5-0) roll call vote.
Item Pulled from the Consent Calendar:
F.1. Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
Recommendation:
Adopt Resolution 46-23 a Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
Mayor Miller said this came through from the Mayors’ Conference and has been worked on for a long time by certain agencies including EBRPD and several cities in Contra Costa County have already adopted the Resolution.
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The Contra Costa Bar Association also created a working group relatively recently to bring forward the Port Chicago 50. By bringing this forward and bringing this painful part of history forward and discussing it and honoring those who were part of the terrible things that happened, it can help build trust in their legal system today. There is a great desire to see all cities in the County to pass this and go beyond that nationwide and be a talking piece as something people can come together on.
Mayor Miller opened the Public Forum.
Nick Waranoff said his objection to the proposed resolution is not that it is not a worthy cause. His objection is he does not see the nexus to the City of Orinda and why this particular issue should be singled out from among all the worthy causes out there, including many that directly affect the residents of Orinda. He suggested adopting a Resolution that BART make itself safer and cleaner as an example.
Mayor Miller agreed the City is hopping on the band wagon someone else started, but she believes it is relevant to Orinda, which she described.
Councilmember Malkani said she was not aware of this and educated herself about it, and she thinks there are things done which are more symbolic and important relating to social justice, equality, and ensuring people have fair working conditions.
Mr. Biggs added that in assisting the Mayor on the staff report, Congressman DeSaulnier is one of the authors of the resolution seeking the exoneration, and this is used as to whether the Council will take positions on federal and state legislation which also applies in this instance.
Councilmember Iverson said she had a similar reaction to Mr. Waranoff when she saw this. She never wants to be a Council that postures about foreign or national policy or everything that is a good cause as they will never get through the Items for the Good of the City. She would like for the Council to try to make the item for the good of the City mostly for Orinda. She read it carefully and saw it is relevant to Orinda because they are part of Contra Costa County and the story, and voiced support for it.
MOTION by Vice Mayor Gee, and seconded by Councilmember Riley, to approve Consent Calendar Item F.1. Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. Update Designation of Potential Voting Alternate at the League of California Cities Annual Conference
Recommendation:
Update Designation of Voting Alternate at the League of California Cities Annual Business Meeting at the September 20-22, 2023 League Annual Conference and Expo in Sacramento
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City Clerk Smith stated at the last meeting the Council discussed this item and both Mayor Miller and Councilmember Malkani thought they could attend the conference.
Subsequently, Councilmember Malkani learned she is unavailable and a voting Alternate needs to be considered.
Councilmember Malkani said the voting delegate portion occurs on Friday, and it makes more sense if another Councilmember could attend the entire conference.
Mayor Miller recognized Councilmember Riley and Vice Mayor Gee cannot attend, and Councilmember Malkani will speak in San Diego at that time. Councilmember Malkani said they could have both she and Councilmember Iverson listed as the Alternate position. In the event that one of them attend on Friday, she trusts that one of them will make it happen and it will be a non-issue.
Mayor Miller opened the Public Forum, and there were no speakers.
MOTION by Councilmember Malkani, and seconded by Councilmember Iverson, to appoint Councilmember Malkani and Councilmember Iverson to serve as Alternate.
Said motion carried by unanimous (5-0) roll call vote.
I. COUNCILMEMBERS’ REPORTS – Councilmember Iverson reported on her attendance at the TSAC last night and discovered they are struggling with a conflict of laws problem where the MOFD’s authority over the safety aspect of traffic calming is in conflict with some of the City mandates and priorities and directions on traffic calming. She empathized with residents who were told this is the process and if followed they will get what they are looking for. State laws are in conflict have created a “no” answer. She wants to share these experiences so they can get ahead of issues that have unfair outcomes which are out of their control. There are other conflicts she described, and while not an issue to act on, it is something to be aware of.
Mayor Miller reported on her attendance to the SSTOC meeting. It was reported staff is working on agencies and local master gardeners on a planter’s list to help address questions. It is the dead trees and the eucalyptus deemed for removal.
She also met as EBMUD liaison with the Director who shared that on the other side of the hill there are different ideas about whether or not the eucalyptus trees should come down because they hold up the hillsides and keep more flammable landscape from growing. They also talked about the conflict between droughtresistant versus lush landscaping, so she is looking forward to review of guidelines that should help.
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Councilmember Malkani reported on her attendance to the Parks and Recreation Commission meeting. The Pickleball community was in attendance and cited the positive exchange between commissioners, staff and community members regarding the budget referral. An ad-hoc committee was formed to look at potential locations throughout town for dedicated Pickleball courts and a dog park.
J. CITY MANAGER’S REPORT – City Manager Biggs reported the Police Department n is hosting the National Night Out event on August 1st from 5 to 8 p.m. in front of the police department. They are requesting donations of school supplies for the Family Justice Center, they will have a Dunk the Chief tank, and lots of information about wildfire prevention and police services. This will complement the neighborhood National Night Out events, as well.
He reminded everyone that they are in fire season and people should think ahead.
They are installing the new Red Flag parking restriction signs at the Miner Road area and also outreach and direct mail to all residents about how the system works.
K. MATTERS INITIATED – Vice Mayor Gee asked if staff is returning with an item regarding the sandwich board signs all over town. Mr. Biggs said staff was to do direct contact to businesses reminding them of requirements. Depending on response, staff will report back.
MOTION by Vice Mayor Gee, and seconded by Councilmember Iverson, to direct staff to bring back an item regarding a “Discussion of the Proliferation of Sandwich Board Signs.’ Said motion carried by unanimous (5-0) roll call vote.
Councilmember Iverson said the tennis and current future Pickleball reservation system is not modern and every country club or swim club has the ability to do court and swim lane reservations online. For those not regularly playing, it would be a service to the informal players to try and have an online reservation system. She asked this be a referral to the City Manager.
Mr. Biggs said he heard about this today, was not aware there is an issue, and it would have to be agendized as a referral to the Parks and Recreation Commission. Staff could bring back an update or it could be handled at the staff level.
Councilmember Iverson recommended it be handled at a staff level as to how the task could get delegated to someone willing to review it. Councilmember Malkani said she just heard this feedback at the Commission meeting and thinks staff can work with it and it can come to the Council as needed.
Councilmember Malkani said she has a conflict and cannot attend their meeting on August 15th. She asked if by chance the other Councilmembers might be available on August 1st or 8th. Mr. Biggs stated staff will not be available and plans their vacations for these dates and the only option is to shift it back a week to the 22nd.
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Mayor Miller said she can attend, but Councilmember Iverson and Vice Mayor Gee stated they could not attend on the 22nd.
L. CLOSED SESSION
Mayor Miller stated the Council did not have a need to go back into Closed Session, and she asked and confirmed there were no speakers.
1. OPEN SESSION IDENTIFICATION of Closed Session Matters
2. PUBLIC COMMENTS of Closed Session Matters - None
3. CLOSED SESSION
4. REPORT OUT OF 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.
M. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:45 p.m. to the next Regular Council Meeting on Tuesday, August 15, 2023, at 7:00 p.m. ______________________________________
Sheri Marie Smith, City Clerk