MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING
IN PERSON, OR VIEW ON ZOOM OR 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, July 2, 2024
7:00 PM - REGULAR MEETING
AMENDED
City Council
Agenda Page 1 07.02.24
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.
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
REMOTE COMMENTS: Remote Public Comments have been discontinued for the foreseeable future.
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
City Council
Agenda Page 2 07.02.24
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 Designating July 2024 as Park and Recreation Month in the City of Orinda
D.2. Orinda Historical Society Annual Report
D.3. California Consulting - Grant Update
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. Adoption of Appropriation Limit For Fiscal Year 2024-25 Recommendation:
Adopt Resolution 33-24 establishing the Annual Appropriations Limit for Fiscal Year 2024-25.
F.2. Council Infrastructure Committee Updated Initial Work Program dated June 25, 2024
Recommendation:
Receive Infrastructure Committee Updated Initial Work Program reflecting City Council feedback from June 16, 2024
F.3. Award of a Construction Management Services Contract to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and Appropriate Additional Funding from Measure R Fund 106
Recommendation:
City Council
Agenda Page 3 07.02.24
Staff recommends that the City Council (1) award a Construction Management Services Contract in the amount of $266,737 to Alpha CM for the San Pablo Creek Culvert Repair Project (Project No 4187) and authorize contract expenditure up to $328,677 to allow for optional Saturday inspection and materials testing; and (2) approve Budget Adjustment Form 001-25 to appropriate necessary additional funding in the amount of $138,677 from Measure R funding (Fund 106).
G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Townsend Public Affairs Legislative Advocacy Services Professional Services Agreement
Recommendation:
Approve a Professional Services Agreement with Townsend Public Affairs for Legislative Advocacy Services for FY 2024-25 in an amount not to exceed $60,000 as recommended by the City Council Legislative Advocacy Services Ad Hoc
H.2. Consideration of Options for Completion of Crossroads Mini Park (CIP project #4103)
Recommendation:
Receive Report, Discuss, and Provide Direction, if any.
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.
b. CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(3), conference with legal counsel regarding whether, based on existing facts and circumstances, there is significant exposure to litigation by one or more owners of property on portions of City Council
Agenda Page 4 07.02.24
Barbara Road and/or Oak Road within the Oaks Spring Subdivision (Unit No. 3) who are seeking City acceptance of certain private street segments based on their having been improved and financed via the Assessment District No. 94-1 (Oak Springs Area). If the Council decides that closed session is authorized pursuant to Government Code Section 54956.9(d)(2), it would proceed to confer with legal counsel regarding that potential litigation. c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code section 54956.8). Property: an existing private easement burdening a portion of the Orinda Oaks Park property in the City of Orinda. This easement was recorded on January 30, 1985 in the official records of Contra Costa County at book 12164 page 650-651. City Negotiator: David Biggs, City Manager. Negotiating Parties: City of Orinda & the owners of four of the private residential properties benefitted by the easement: Stacy Crinks, Gregory & Susan Portmann, Christine(Dong Woon) Lee & Eun Young Jang, and John & Juliane Rossiter. Property addresses: 75, 79, 83 & 89 Donald Drive. Under negotiation: terms for possible amendment to the existing easement.
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, July 16, 2024 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.
City Council
Agenda Page 5 07.02.24
~ 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.