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, September 19, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 09.19.23
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. The Zoom participation option is provided to the public as a courtesy in order to facilitate participation. The City cannot, however, guarantee the adequacy of the audio/video quality or that meeting participation will be uninterrupted via Zoom. If technical difficulties arise relating to the Zoom participation option, the meeting may continue with public attendance in person only.
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
City Council
Agenda Page 2 09.19.23
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. Introduction of New Assistant Engineer, Jihawna Johnson 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. September 5, 2023 Special Meeting
F.2. City Council Meeting Schedule for 2024
Recommendation:
Adopt City Council Meeting Schedule for 2024
F.3. Quarterly Report of Cash Disbursements for the Period April 1, 2023 through June 30, 2023 and Summary of Revenue, Expenditures, and Preliminary Fund Balances for July 1, 2022 through June 30, 2023 Recommendation:
Staff recommends that the City Council receive and file this report of cash disbursements, and preliminary fund balances for the period of April-June 2023.
F.4. Authorize Contract Amendment No. 3 with Schaaf & Wheeler Consulting Civil Engineers for On-call Civil Engineering Services for the San Pablo Creek Culvert Repair Project (#4187)
City Council
Agenda Page 3 09.19.23
Recommendation:
Staff recommends that the City Council approve Contract Amendment No. 3 with Schaaf & Wheeler Consulting Civil Engineers to increase the contract value by $174,000 and extend the term of the agreement to June 30, 2026.
G. PUBLIC HEARING
G.1. (a) Discussion of a proposed dedication of a portion of the parcel at 11 Orinda Way (Chevron Station) that was part of a convenience market project approved by the Planning Commission, contingent upon City Council adoption of Ordinance 23-04; and (b) Public Hearing regarding Ordinance 23-04 which would Amend Section
17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district—Use restrictions) of the City’s Zoning Code to Update Rules Applicable to Convenience Markets and Other Ancillary Retail Uses at Service Stations (applicant: Chevron).
Recommendation:
Staff recommends that the City Council 1) consider the question of the dedication of the creek portion of 11 Orinda Way as fee or through an easement; 2) waive the full reading of the text and introduce Ordinance 23-04, amending Section 17.2.3 (Definitions) and Section 17.8.5 (Downtown commercial district-Use restrictions) to update the City’s rules regarding convenience markets and other ancillary retail uses at service stations; 3) find this ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines (Title 14 of the California Code of Regulations) Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change in the environment, directly or indirectly.
G.2. Annual Development Agreement Compliance Review for the Wilder Project
Recommendation:
City Council
Agenda Page 4 09.19.23
Conduct a public hearing to determine whether OG Property Owners, LLC (“OGLLC”) is in compliance with the terms of the Second Amendment and Restatement of the Development and Pre-Annexation Agreement for Gateway Valley (“DA”) and related approvals. Although OGLLC has made progress recently towards curing the Events of Default identified in 2022, Staff recommends that the City Council adopt Resolution No. 54- 23, which (1) finds that OGLLC remains out of compliance with certain requirements of the DA and related approvals; and (2) directs OGLLC to appear at a continued public hearing. To address noncompliance with certain DA requirements, Staff recommends the City Council direct City Staff to negotiate with OGLLC regarding potential DA amendments, including changes related to: the Red-Tailed Hawk Staging Area; a BART/downtown shuttle (8th DA Amendment); and the liability insurance OGLLC is required to maintain (DA § 5.2).
H. POLICY MATTERS
H.1. Moraga Orinda Fire District Ordinance 23-08
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
H.2. Policy Discussion regarding Downtown Parking Requirements, related State Legislation, and Proposed Adjustments to the Master Fee Schedule to Lower Certain Parking Variance In-Lieu Fees Recommendation:
Staff recommends that the City Council receive the presentation, take public testimony, and provide feedback regarding potential adjustments to the Master Fee Schedule.
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
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.
City Council
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B. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION.
Pursuant to Government Code Section 54956.9(d)(2) conference with legal counsel regarding significant exposure to litigation related to an urban lot split proposed for 6 Patrick Lane in Orinda pursuant to state law known as SB 9. Ellis Raskin, an attorney representing the existing residents of Patrick Lane, submitted a letter to the City Attorney dated September 7, 2023, threatening litigation if the urban lot split is approved. Linda Klein, an attorney representing the applicant, submitted an email to the City Attorney dated September 13, 2023, threatening litigation if the urban lot split is not approved. This correspondence will be made available for public inspection pursuant to Government Code Section 54957.5.
C. CITY MANAGER PERFORMANCE EVALUATION
Pursuant to Government Code Section 54957, annual performance evaluation of City Manager David Biggs
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, October 03, 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 ~
City Council
Agenda Page 6 09.19.23
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.