Agenda packet — Orinda City Council, September 3, 2024

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, September 3, 2024
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 09.03.24
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
B. PLEDGE OF ALLEGIANCE
City Council
Agenda Page 2 09.03.24
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 Recognizing September, 2024 as Childhood Cancer Awareness Day in the City of Orinda
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. August 20, 2024 Special Meeting

2. August 20, 2024 Regular Meeting

3. August 27, 2024 Special Meeting
F.2. Consider any Amendments and Adopt City Council Policy & Procedures Manual
Recommendation:

Adopt Resolution No. 40-24 adopting the City Council Policies and Procedures Manual
F.3. Adoption of Amendments to the City’s Conflict of Interest Code for Designated Filers
Recommendation:

Staff recommends that the City Council consider adoption of Resolution No. 39-24 amending the City’s Conflict of Interest Code for Designated Filers and the repeal of Resolution No. 48-22
F.4. Approve Traffic Order #232 Restricting Parking on Moraga Way Recommendation:

City Council
Agenda Page 3 09.03.24
Staff recommends that the City Council Adopt Resolution 37-24 establishing parking regulations on Moraga Way approaching crosswalk near Bryant Way.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. City Council Meeting Schedule for 2025
Recommendation:

Review, Amend, and Adopt City Council Meeting Schedule for 2025 H.2. Designation of Voting Delegate and Potential Alternate at the League of California Cities Annual Conference
Recommendation:

Designate Voting Delegate (and potential Alternate) at the League of California Cities Annual Business Meeting at the October 16-18, 2024 League Annual Conference and Expo in Long Beach
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 -- ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(4), conference with legal counsel regarding potential initiation of litigation. (One potential case). b. 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.

City Council
Agenda Page 4 09.03.24
M. ADJOURNMENT
The next meeting of the Orinda City Council will be held on Tuesday, September 17, 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. ~ 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.

PROCLAMATION
Recognizing September 2024 as Childhood Cancer Awareness Month In the City of Orinda
Whereas, childhood cancer is the leading cause of death by disease in children and 1 in 285 children in the United States will be diagnosed by their 20th birthday, and; Whereas, 46 children per day or 16,790 children per year are diagnosed with cancer in the U.S., and the average age of diagnosis is 6 years old, and; Whereas, 80% of childhood cancer patients are diagnosed late and with metastatic disease, and on average there’s been a 0.6 percent increase in incidence per year since the mid-1970’s resulting in an overall incidence increase of 24 percent over the last 40 years, and;
Whereas, two-thirds of childhood cancer patients will have chronic health conditions as a result of their treatment toxicity, with one quarter being classified as severe to lifethreatening, and; Whereas, approximately one-half of childhood cancer families rate the associated financial toxicity due to out-of-pocket expenses as considerable to severe, and; Whereas, in the last 30 years only six new drugs have been approved by the FDA to specifically treat childhood cancer, and;
Whereas, the National Cancer Institute recognizes the unique research needs of childhood cancer and the associated need for increased funding to carry this out; and; Whereas, hundreds of non-profit organizations at the local and national level are helping children with cancer and their families cope through educational, emotional, and financial support, and;
Whereas, researchers and healthcare professionals work diligently dedicating their expertise to treat and cure children with cancer, and because too many children are affected by this deadly disease more must be done to raise awareness and find a cure.

NOW, THEREFORE, BE IT RESOLVED the Orinda City Council, does hereby proclaim September as Childhood Cancer Awareness Month and support this cause that so deeply impacts families in every community across our country.

Dated this 3
rd day of September, 2024
Darlene K. Gee
Orinda Mayor
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Communication: Proclamation Recognizing September, 2024 as Childhood Cancer Awareness Day in the City of Orinda (ITEMS FOR THE AGENDA TITLE: City Council Minutes
RECOMMENDATION:

Approve City Council Minutes:

1. August 20, 2024 Special Meeting

2. August 20, 2024 Regular Meeting

3. August 27, 2024 Special Meeting
ATTACHMENTS:

A. City Council Closed Session Minutes of August 20, 2024 B. City Council Minutes of August 20, 2024
C. City Council Closed Session Minutes of August 27, 2024 Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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August 20, 2024

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
6:00 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order and noted that all Councilmembers were present except Vice Mayor Malkani who would be arriving soon.

OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments.

D. 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)(2), conference with legal counsel regarding significant exposure to litigation by one or more owners of property on portions of 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). 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 F.1.a
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Attachment: City Council Closed Session Minutes of August 20, 2024 (3425 : City Council Minutes) City Council
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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.

E. OPEN SESSION REPORT REGARDING CLOSED SESSION
There was no reportable action.

F. ADJOURNMENT
The meeting adjourned at approximately 7:05 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 1 of 7 08.20.24
AUGUST 20, 2024

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– GARDEN ROOM, ORINDA LIBRARY A. CALL TO ORDER / ROLL CALL:

Mayor Gee called the Regular Meeting to order at approximately 7:00 p.m.

COUNCILMEMBERS PRESENT: Brandyn Iverson, Inga Miller (remotely), Janet Riley Mayor Darlene Gee, Vice Mayor Latika Malkani
COUNCILMEMBERS ABSENT: None.

B. PLEDGE OF ALLEGIANCE – Led by Mayor Gee.

C. ADOPTION OF AGENDA
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, 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 31, 2024 as International Overdose Awareness Day in the City of Orinda
Mayor Gee read and presented the Proclamation recognizing August 31, 2024 as International Overdose Awareness Day in the City of Orinda.

Mariela Sanding, Coordinator, Contra Costa County Meds Coalition, thanked the council for the Proclamation, spoke of their Coalition and work to prevent substance use disorder and subsequent overdose throughout the County, cited statistics of overdoses, and distribution of opioid rescue kits.

Mayor Gee opened the Public Forum, and there were no speakers.

D.2. Caltrans Update on Fire Fuels Reduction along Highway 24 - Helen Blackmore, Acting Office Chief, Caltrans District 4 MaintenanceEnvironmental, Division of Maintenance and Dave Despain, Maintenance Manager II, Caltrans District 4 Delta/East Bay Maintenance Region
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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 2 of 7 08.20.24
City Manager Biggs introduced the item and thanked Caltrans representatives for providing an update on vegetation management.

Helen Blackmore, Acting Office Chief, Maintenance Environmental, Caltrans District 4, Oakland, introduced Dave Despain, Maintenance Manager II, Caltrans East Bay/Delta Region, Dave Ambuehl, Chief Deputy District Director, Leah Budu, Deputy District Director, Maintenance, and District 3 representatives, Byron Lim, and Christopher Chance, and Ash Reddy.

Ms. Blackmore gave a PowerPoint presentation which addresses the City’s June letter and information about the District’s vegetation management program, including fuels reduction, its history, how the program has grown, the District’s current vegetation management plan, and how it includes work completed on State Route 24 in and around Orinda. She concluded with Caltrans’ plans to reach out to the City with updates three times per year and she provided a list of vegetation management representative contacts of Lori Richardson, Sheryl Garcia. She and others were available for questions.

Councilmembers voiced appreciation for the noticeable work that has occurred along SR 24 and received added information from Dave Despain which Caltrans will share with Councilmembers on the scientific study on wildfire vulnerability and the UC Davis assessment model which has been used to prioritize routes; fuel loads; bringing routes into compliance; use of household herbicides and increased manual and mechanical work; Caltrans priorities in the MOFD area of Orinda and communications with Chief Winnacker; schedules for trimming, weeding, and limbing; ways for residents to request work through CRS on Caltrans’ website; experience with new hires on maintenance agreements; and vegetation management plans for interchange areas.

Mayor Gee opened the Public Forum.

Diane Bianchi, Muth Drive, Firewise community leader, said their neighborhood is adjacent to SR 24 and the bike path that parallels the freeway. She voiced concerns with the area from the end of the five-foot border to the fence that borders the end of their properties and were told this is the responsibility of Caltrans. They have submitted CRS’s and recently obtained a copy of the maintenance agreement, along with accompanying maps which were shared with Chief Winnacker and Doug Alessio in the hopes for a final decision on who is responsible for that area. Caltrans points to the City and the City points to Caltrans. Therefore, she asked that this be resolved in writing, shared with their Firewise groups, and that they be provided with a clear explanation.

E. PUBLIC FORUM
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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 3 of 7 08.20.24
Shaheen Tonce spoke of the hot summer, said many outdoor workers are exposed to high temperatures, and several tropical companies have changed working hours so workers do not endure the heat after 2 or 3 p.m. He pointed to the City’s noise ordinance which prohibits construction work and yard maintenance before 8 a.m. on weekdays and before 10 a.m. on Saturdays and Sundays. He suggested the City be the first City to consider relaxing noise ordinance rules to perhaps 7 a.m. on weekdays and 8 a.m. on weekends for days of very hot weather forecasts.

F. CONSENT CALENDAR
Mayor Gee asked if there were any items for removal or public comments.

Councilmember Miller requested removal of Item F.7 and asked that it be voted on separately so she can recuse herself. Vice Mayor Malkani requested removal of Item F.5.

F.1. City Council Minutes
Recommendation:

Approve City Council Minutes:

1. July 2, 2024 Special Meeting

2. July 2, 2024 Regular Meeting

3. July 16, 2024 Special Meeting

4. July 16, 2024 Regular Meeting
F.2. Adoption of a Resolution Authorizing the Road Closure to Vehicular Traffic for the Orinda Annual Classic Car Show
Recommendation:

Staff recommends the City Council Adopt Resolution 35-24 Authorizing the Closure of a portion of Orinda Way and Avenida de Orinda for the Orinda Annual Classic Car Show (Traffic Order No. 231)
F.3. Accept Work and Approve Record Plans for the Camino Sobrante Retaining Wall Replacement City Project No. 5021, and Authorize the City Clerk to sign and file a Notice of Completion with the Contra Costa County Clerk-Recorder
Recommendation:

Staff recommends that the City Council adopt Resolution No. 30-24 to accept work for the Camino Sobrante Retaining Wall Replacement City Project No. 5021 performed under contract with Cowan and Thompson Construction, Inc., approve record plans for said project and authorize the City Clerk to sign and file the Notice of Completion for the contract with the Contra Costa County Clerk-Recorder.

F.4. Designating the Authorized Agents of the City of Orinda for the Purpose of Applying for and Receiving Federal Financial Assistance and/or State Financial Assistance
Recommendation:

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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 4 of 7 08.20.24
Adopt Resolution 36-24 Designating the Authorized Agents of the City of Orinda for the purpose of applying for and receiving Federal financial assistance and/or State financial Assistance to be the City Manager, the Public Works Director and the Administrative Services Director F.6. Adoption of Resolution No. 38-24 Establishing the Property Tax Rates for the General Obligation Bond Series 2014 and Series 2016 for Fiscal Year 2024-25
Recommendation:

Adopt Resolution No. 38-24 establishing the property tax rates for bonded indebtedness for Fiscal Year 2024-25; and, direct staff to provide the information to the Contra Costa County Auditor-Controller for preparing of the tax levy.

MOTION by Councilmember Iverson, and seconded by Councilmember Riley, to approve Consent Calendar Item F.1.1, F.1.2, F.1.3, F.1.4, F.2, F.3, F.4, and F.6. Said motion carried by unanimous (5-0) roll call vote.

Item Removed from the Consent Calendar:

F.5. Reject All Bids and Re-Bid the 2024 Annual Pavement Rehabilitation Project (Project No. 4178).

Recommendation:

Staff recommends that the City Council reject all bids received for the 2024 Annual Pavement Rehabilitation Project (Project No. 4178) and authorize staff to proceed with re-bidding in January 2025.

City Engineer Siva Natarajan gave the staff report. The reason for rejecting all six bids is primarily the pricing received and two being disqualified, which he described.

Vice Mayor Malkani referred to end of season pricing and a perception that pavement is being done during the busiest times. She asked if staff is able to coordinate projects that avoid the peak traffic times in town such as the first week of school, graduation, etc.

Mr. Natarajan explained the early part of summer is when the City will get good bids because contractors like to load up their schedule. There are restrictions on traffic control, primarily on Camino Pablo and Moraga Way which is limited between 9 a.m. and 3 p.m., as well as on school routes during construction. In addition, they work with the contractors to stay out of the timeframe for busy traffic times. However, there are situation where they cannot avoid these.

Mayor Gee asked and confirmed that staff believes waiting through another rainy season will not cause problems, given these are preventative measures, but are also working on very minor items the City can address separately as minor maintenance repair work. If possible, they sometimes combine two projects, but if not possible, they can release one project early summer and one late summer.

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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 5 of 7 08.20.24
Mayor Gee opened the Public Forum, and there were no speakers.

MOTION by Vice Mayor Malkani, and seconded by Councilmember Riley, that the City Council reject all bids received for the 2024 Annual Pavement Rehabilitation Project (Project No. 4178) and authorize staff to proceed with re-bidding in January 2025. Said motion carried by unanimous (5-0) vote.

F.7. Award Construction Contract to A3 Pipeline for the North Ln. Slip Lining 48” Storm Drain Project (CIP #5015)
Recommendation:

Staff recommends that the City Council (1) award a construction contract to A3 Pipeline of San Francisco, California for the bid amount of $149,050 and authorize contract expenditure up to $175,000 (allows a 17% contingency) (2) appropriate $75,000 in additional funding for the project by approving Budget Change Form 002-25 and (3) approve plans for the project.

MOTION by Vice Mayor Malkani, and seconded by Councilmember Riley, that the City Council (1) award a construction contract to A3 Pipeline of San Francisco, California for the bid amount of $149,050 and authorize contract expenditure up to $175,000 (allows a 17% contingency) (2) appropriate $75,000 in additional funding for the project by approving Budget Change Form 002-25 and (3) approve plans for the project. Said motion carried by a 4-0-1 roll call vote; Miller recused.

G. PUBLIC HEARING – None.

H. POLICY MATTERS – None.

I. COUNCILMEMBER REPORTS
Mayor Gee reported there will be a 2x2 Subcommittee meeting on Thursday evening with MOFD.

Vice Mayor Malkani reported on her attendance to the SSTOC meeting last week. The staff report was thorough and includes a lot of data. City Manager Biggs commented that a hard copy is provided to all Councilmembers of the report.

Vice Mayor Malkani stated the Fire Chief attended and gave a very interesting presentation she had not seen before. One item related to the discussion about the fire science behind a zero to 5-foot zone of no vegetation around houses and trends.

City Manager Biggs reminded Councilmembers of the joint Moraga-Orinda Fire District and Council meeting on October 21st at 6 p.m.

Mayor Gee stated she was unable to attend the National Night Out. The Chief reported it was well attended and thanked him and his department for organizing the event.

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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 6 of 7 08.20.24
J. CITY MANAGER'S REPORT
City Manager Biggs shared that Chief Sullivan is being promoted to Captain in the Sheriff’s Department and will be leaving as Police Chief for the City. The Sheriff has provided four names of possible Police Chiefs and staff will be talking with candidates later this week. He thanked Chief Sullivan for his hard work.

Mayor Gee and Councilmembers congratulated Police Chief Ryan Sullivan for his promotion and exemplary service as Police Chief, and for recruiting candidates for the City.

City Manager Biggs reported Movie Night is this week and said he noticed many food truck participants in the farmers’ market which is going well. School is back in session and the Police Department is doing targeted efforts to help remind people to allow extra time and be safe.

K. MATTERS INITIATED – None.

L. CLOSED SESSION

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. b. CONFERENCE WITH LEGAL COUNSEL
Pursuant to Government Code Section 54956.9(d)(2), conference with legal counsel regarding significant exposure to litigation by one or more owners of property on portions of 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).
c. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) Orinda City Council Minutes Page 7 of 7 08.20.24
(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.

Property addresses: 75, 79, 83 & 89 Donald Drive. Under negotiation: terms for possible amendment to the existing easement.

There was no reportable action out of Closed Session

13. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:03 p.m. to the next Regular Meeting on Tuesday, September 03, 2024, at 7:00 p.m.
______________________________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Minutes of August 20, 2024 (3425 : City Council Minutes) August 27, 2024

CITY OF ORINDA

CITY COUNCIL CLOSED SESSION MINUTES
1:30 PM - SPECIAL MEETING
A. CALL TO ORDER/ ROLL CALL
Mayor Gee called the meeting to order at 1:30 p.m. and City Clerk Smith noted that all Councilmembers were present with the following notations:

Councilmember Miller was participating remotely
Councilmember Iverson had an excused absence
Vice Mayor Malkani arrived at 1:41 p.m.

OPEN SESSION IDENTIFICATION OF CLOSED SESSION MATTERS
The Closed Session Matters were identified.

C. PUBLIC COMMENTS REGARDING CLOSED SESSION MATTERS
There were no public comments.

D. CLOSED SESSION
a. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.

E. OPEN SESSION REPORT REGARDING CLOSED SESSION
City Attorney Wolff reported the following:

In the matter of ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579, the Council voted 4-0-1 (CM Iverson excused absence) to direct legal counsel to refrain from seeking appellate review.

This case was filed on March 3, 2023, under the California Environmental Quality Act (CEQA) challenging the Council’s January 31, 2023 approval of Plan Orinda, which consists of the City’s 2023-2031 Housing Element Update, Downtown Precise Plan (DPP), and Safety Element Update. On August 22, 2024, the court entered a writ that F.1.c
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Attachment: City Council Closed Session Minutes of August 27, 2024 (3425 : City Council Minutes) City Council
Agenda Page 2 07.16.24
directs the City to revise certain aspects of the wildfire evacuation analysis in the Environmental Impact Report (EIR) for Plan Orinda. Pending completion of that revision, the writ directs the City to set aside its certification of the EIR, its statement of overriding considerations under CEQA, and its approval of the DPP. During this process, the writ authorizes the City to leave in place the January 31, 2023 Housing Element and Safety Element Updates and Approvals. The City has chosen to comply with the writ. It will not pursue an appeal.

The Council took no other reportable actions.

F. ADJOURNMENT
The meeting adjourned at approximately 2:50 PM
_______________________
Sheri Marie Smith, City Clerk
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Attachment: City Council Closed Session Minutes of August 27, 2024 (3425 : City Council Minutes) City Council
Staff Report
Agenda Item: F.2
Date: September 3, 2024
Department: City Clerk
AGENDA TITLE: Consider any Amendments and Adopt City Council Policy & Procedures Manual
RECOMMENDATION:

Adopt Resolution No. 40-24 adopting the City Council Policies and Procedures Manual BACKGROUND:

The City Council reviews its Policy and Procedures Manual on an annual basis. It was last reviewed in March of 2024.

DISCUSSION:

In April 2024, as a result of a Matters Initiated, the City Council had a discussion about the role of Council Liaisons to the various City Commissions and Committees. At the end of the discussion it was suggested that the Policy and Procedures Manual could be expanded to include more specific information about those roles.

Staff is proposing to add the following redlined language to Sections 9. These changes are proposed for clarity and consistency with current practices.

9. Boards, Commissions, and Committees

9.1 Council Appointments
As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the City Council.

9.2 City Advisory Bodies, Regional Boards, and Commissions The City Council may create commissions, committees, and other groups to advise the Council. The Council shall appoint the members of those subordinate bodies as well as City representatives to Regional Boards and Commissions.

9. Appointments to Boards, Commissions, Committees, and Liaisons Positions

9.1 Council Appointments
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As soon as practicable following the annual December reorganization meeting, the Mayor shall announce nominations of Council members to serve in various roles requiring a Council representative; the nominations are subject to the review and approval of the full City Council.

Council members may be appointed to serve in the following roles:

9.1.1 Members of ad hoc and standing subcommittees of the City Council,

9.1.2 Members to represent the City on various regional boards, including joint powers agencies (e.g., Contra Costa County Solid Waste Authority, Mayors’ Conference of Contra Costa County, etc.),

9.1.3 Liaisons to various City Partners (e.g., Acalanes Unified School District, Bay Area Rapid Transit, Chamber of Commerce, etc.),

They are the primary contact person if the Commission/Committee as a whole or an individual Commissioner/Committee Member wants such a channel of communication.

The Council’s appointed liaison should not be an advocate for the Commission, give direction or attempt to influence any decision or recommendation of the Commission/Committee.

Council liaison attendance at Commission/Committee meetings is not an expectation and regular attendance is discouraged. Furthermore, Liaisons to the Planning Commission may review video recordings of those meetings, but should not attend or participate in those meetings, as the Council is the appeal body for the Planning Commission.

When a Councilmember is appointed to serve as a liaison or to represent the City on regional boards, they should take care to communicate when the opinions and positions they convey are their own (as individuals) and when they have been specifically authorized to speak for the Council as a whole.

9.2 City Council Advisory Bodies, Commissions and Committees The City Council may create or perpetuate commissions, committees, and other groups to advise the Council. The Council will appoint members of the public to those subordinate bodies. The appointment process will be determined by the Council, consistent with the requirements of state law (e.g., the Maddy Act).

9.3 Local Boards
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The City Council may also appoint members of the public to represent the City on various local boards (e.g., Contra Costa Mosquito & Vector Control District, Contra Costa Council on Aging, etc.). The appointment process will be determined by the Council, consistent with the requirements of the local or regional board and state law (e.g., the Maddy Act).

FISCAL IMPACT:

None.

ATTACHMENTS:

A. City Council Policies Procedures Manual (Proposed Changes for September, 2024) B. Resolution 40-24 Amending Policies Procedures Manual C. Weblink to April 16, 2024 Staff Report, Minutes, Video Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

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1 CITY COUNCIL, CITY OF ORINDA

POLICIES AND PROCEDURES MANUAL
Section Page
l. Authority 2

2. Meetings 2

3. Agenda 5

4. Public Participation 7

5. Conducting Meetings 8

6. Quasi-Judicial Hearings 12

7. Voting 14

8. Officers 15

9. Boards, Commissions, and Committees 16

10. Ordinances 16

11. Administrative Matters 17

12. Emergency Procedures 18

13. Suspension, Amendment of These Rules 19
Adopted: Effective November 1, 2005
Amended Effective March 6, 2007 (Resolution No. 11-07)
Amended Effective April 10, 2007 (Resolution No. 14-07) Amended Effective March 2, 2010 (Resolution No. 14-10)
Amended Effective May 7, 2013 (Resolution No. 28-13)
Amended Effective February 18, 2014 (Resolution No. 11-14) Amended Effective February 3, 2015 (Resolution No. 09-15) Amended Effective March 15, 2016 (Resolution No. 20-16) Amended Effective August 2, 2016 (Resolution No. 44-16) Amended Effective February 6, 2018 (Resolution No. 04-18) Amended Effective March 16, 2021 (Resolution No. 14-21) Amended Effective February 1, 2022 (Resolution No. 05-22) Amended Effective March 21, 2023 (Resolution No. 20-23) Amended Effective February 20, 2024 (Resolution No. 01-24) Amended Effective March 12, 2024 (Resolution No. 08-24) F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 2 l. Authority
The City Council establishes these Rules of Procedure for the conduct of meetings. The following Rules shall be in effect upon their adoption by the City Council and until such time as they are amended or new Rules are adopted in the manner provided by these Rules.

2. Meetings

2.1 Meeting Dates and Times

2.1.1. Dates. Regular meetings will be held on the first and third Tuesday of each month or as set by calendar adopted by the City Council. Adjourned regular, workshop or special meetings may be called by the Mayor or a majority of the Council. If the meeting date should fall on a legal holiday, the Council shall meet at an alternate time and date designated by the Council.

2.1.2. Starting Time. All regular meetings will convene at 7:00 p.m.

Meetings will be held at the Library Auditorium at 26 Orinda Way, Orinda, unless stated otherwise in the notice. Meetings may be preceded or followed by special meetings, including closed sessions.

2.1.3. Ending Time. Meetings will adjourn at or before 10:00 p.m. A majority vote of the City Council will be required to continue the meeting past 10:00 p.m.

A unanimous vote of the City Council will be required to continue meetings beyond 11:00 p.m. A continuance beyond 11:30 shall specify time of adjournment. More than one such continuance may be adopted.

2.2 Closed Sessions
A closed session may be held at any regular or special meeting for any purpose authorized by the Brown Act. It is a violation of the Brown Act to disclose information obtained or presented in anticipation of or during a closed session, which shall be confidential. Public comment shall be received in open session prior to a closed session.

The City Council will report out in open session any actions taken in closed session consistent with the requirements of the Brown Act.

2.3 Special Meetings
Special meetings may be called by the Mayor or by a majority of the Council members.

The City Attorney or the City Manager is authorized to call a special meeting when it is to be held immediately before or after a regular meeting and is to discuss a matter in closed session. The call for a special meeting must specify the day, hour, and place and shall specify the subject(s) to be considered. Twenty-four hours notice must be received prior to a special meeting by each Council member, the local newspaper of general circulation, and radio and television stations which have requested notice. Only matters specified in the notice may be discussed at special meetings. The public shall be given an F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 3 opportunity to address the Council before or during consideration of any matter described in the notice for the special meeting.

2.4 Quorum
Three members of the Council shall constitute a quorum necessary to transact business.

In the event a quorum is not in attendance, those attending will be named in the minutes, and they shall adjourn the meeting to a later set time.

2.5 Adjournment
The Council may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. If all Council members are absent from any regular or adjourned regular meeting, the City Clerk may declare the meeting adjourned to a stated time and place. The City Clerk shall post a copy of the order or notice of adjournment as required by the Brown Act and other places designated by the Council within twenty-four (24) hours after the time of adjournment.

Whenever a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjournment meeting shall be held, it shall be held at the hour specified for regular meetings.

2.6 Attendance
Council members must request that the Mayor issue an "excused absence" when they are unable to attend, or it will be noted in the minutes as an unexcused absence. The Mayor shall announce excused absences and reasons for such absences (if publicly known) during the roll call at the beginning of a meeting.

2.7 Minutes of Proceedings
An account of all public proceedings of the City Council shall be recorded by the City Clerk and entered into official minute books of the Council following approval by the Council. Unless the Council directs otherwise in a specific instance, detailed (but not verbatim) minutes shall be prepared for regular meetings of the full Council, and summary action minutes shall be prepared for special meetings of the full Council.

2.8 City Manager
The City Manager shall attend all meetings of the Council unless excused. The City Manager’s designee shall substitute when the City Manager is absent.

2.9 City Attorney
The City Attorney shall attend all meetings of the Council unless excused. The Deputy City Attorney shall attend in the City Attorney’s absence. The City Attorney shall act as the Council's parliamentarian.

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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 4 2.10 City Clerk
The City Clerk shall attend all regular meetings of the Council unless excused, and in her/his absence, the City Clerk designee shall substitute. The City Clerk shall record, prepare and maintain the official record of the Council and perform other related duties as prescribed by the Council or the City Manager, or both.

2.11 Department Heads/Employees
Department heads and employees shall attend Council meetings as directed by the City Manager.

2.12 Public May Attend and Record Meetings
All meetings of the City Council (except closed sessions) shall be open to the public, including the news media. Meetings may be recorded by any means by anyone, provided such recording does not constitute disruptive conduct under Rule 4.4.

2.13 Virtual/Teleconference Meetings
The Council may use teleconference technology and hold virtual meetings consistent with State Law, including the Brown Act and Executive Orders issued by the Governor.

2.14 Recordings
All Regular Meetings of the City Council shall, to the extent feasible, be recorded by the City Clerk. Recordings are kept consistent with the City of Orinda Records Retention Program and are available from the City Clerk’s office.

2.15 Avoiding Brown Act Violations Relating to Meeting Attendance Members of the Council shall comply fully with the requirements of the Brown Act, including those in Government Code section 54952.2 to avoid potential violations relating to attendance at meetings such as conferences, meetings conducted by City staff/consultants, meetings presented by organizations other than the City, and meetings of other legislative bodies.

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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 5 3. Agenda

3.1 Order of Business
The business for a Regular meeting shall generally be shown on the agenda in the following order, but this sequence may be modified on a case-by-case basis by the City Manager in consultation with the Mayor:

A. Call to Order/Roll Call
B. Pledge of Allegiance
C. Closed Session Report (when applicable)
D. Adoption of Agenda
E. Items for the Good of the City
F. Public Forum
G. Consent Calendar
H. Public Hearings
I. Policy Matters
J. Council Reports
K. City Manager’s Report
L. Matters Initiated
M. Adjournment
Closed Session (may be held before or after the meeting, or both)

3.2 Agenda Preparation
Agendas for regular and special meetings shall be established by the City Manager, who shall consult with the Mayor concerning the sequence of agenda items and other procedural matters. The agenda shall be delivered to the Mayor and Council members and made available to members of the public consistent with the requirements of the Brown Act. The agenda shall specify the time and location of the meeting and contain a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session, if any. The descriptions of agenda items may include the action recommended by the preparer of the report for the agenda item.

3.3 Matters Initiated
To place an item on a future agenda, a Council member (including the Mayor) may make a motion to that effect during the Matters Initiated agenda item. In addition, a Council member (including the Mayor) may, at any time during a meeting, make a motion to place an item on a future agenda, if the item proposed for future consideration arises in relation to an item on the current agenda.

If the motion to place an item on a future agenda is seconded and approved by a majority vote of those Council members present, the proposed item will be placed on a future agenda. If the motion is silent regarding timing, the proposed item will be placed on a future agenda at the earliest appropriate time, as determined by the City Manager and F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 6 Mayor. If the motion provides specific direction regarding timing, the proposed item will be placed on a future agenda consistent with that direction. No discussion of the subject of the motion may occur except to explain the general nature of the item, including the issue of timing for Council’s consideration of the item.

3.4 Agenda Posting
The City Clerk shall post the agenda at least 72 hours before a regular meeting and at least 24 hours before a special meeting in the following locations, which are freely accessible to members of the public: Orinda Community Center, Orinda Library, and Orinda City Hall. Agendas shall also be posted on the City’s website prior to meetings as required by the Brown Act. See Government Code section 54954.2.

3.5 Agenda Materials

3.5.1 Documents. A staff report shall be prepared for each agenda item except in unusual circumstances. Attached to the staff report shall be documents received by or developed by staff that are pertinent to the staff report. Anyone may submit documents pertinent to an agenda item to the City Clerk; such documents shall be included in the agenda materials if they are received in time for inclusion in the packet and if multiple copies of voluminous documents are provided.

3.5.2 Copies of agenda materials. Copies of the agenda materials and other documents distributed to Council members before a meeting (excluding documents subject to attorney-client confidentiality and documents distributed in connection with a closed session) shall be available for public inspection when released to the City Council.

The public can view materials before the meeting at the office of the City Clerk, the Orinda Library and, on the City website. At the meeting, a public copy will be available for review. Copies of materials distributed by City staff and others at the meeting shall be made available to members of the public as soon as practicable. Changes and additions to staff reports and late correspondence will be provided to Council members and made available to the public before the meeting when possible.

3.6 Consent Calendar
Items listed on the Consent Calendar are those items likely not to require Council discussion. At the meeting, any item may be pulled by a Council member or member of the public for separate discussion or clarification and vote.

3.7 Public Hearings
A matter shall be set for public hearing in the following situations:
a. A quasi-judicial land use decision (e.g., an appeal of a Planning Commission decision)
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 7 b. Any other matter for which a public hearing is required by law or for which a hearing would be in the public interest.

4. Public Participation

4.1 Addressing the Council
Each person wishing to address the Council will be asked to so indicate (e.g., by submitting a speaker slip to the City Clerk or using similar method available during virtual meetings). Each person addressing the Council shall do so from the lectern or its equivalent during virtual meetings. Providing a name, address, and other information is voluntary. Any document presented by a speaker shall be provided to the City Clerk for distribution to the Council and public. All remarks shall be directed to the Mayor and Council as a body and not to any particular Council member. No person other than members of the Council and the person having the floor shall be permitted to enter into the discussion.

4.2 Public Forum
During Public Forum any person may address the Council on an item that is (1) within the subject matter jurisdiction of the Council and (2) not otherwise on the agenda, except that if a speaker will not be present during an agenda item later in the calendar for that meeting, the speaker may address that agenda item during Public Forum but not later.

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, the Council may also direct staff to report back and/or place a matter on a future agenda for discussion.

4.3 Speech Content & Civility
Statements by a member of the public shall be related to the agenda item at hand, except during Public Forum. The City Council shall not prohibit lawful public criticism of the policies, procedures, programs, staff, and services of the City or the acts or omissions of the City Council. Members of the Council, staff, and the public are encouraged to communicate in a manner that is civil, not hostile or threatening.

4.4 Disruptive Conduct
Conduct, including applauding and booing, which substantially disrupts a City Council meeting is prohibited. If a meeting is disrupted, the Council may elect to recess per Section 5.4.7 (b). Disrupting a meeting may, in certain situations, be cause for removal from the meeting.

4.5 [Reserved]
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 8 4.6 Written Communications
Correspondence, including communications relating to a specific matter on a Council agenda, will be handled as described in Section 11.1. If correspondence is received too late to be included in the agenda packet, the City Clerk will, to the extent feasible, endeavor to distribute the late correspondence at the Council meeting. Anyone submitting voluminous late correspondence and/or submitting late correspondence to the City Clerk less than four (4) hours before a Council meeting should bring at least fifteen (15) copies to the meeting. After receiving late correspondence, the Council may elect to continue the item to a future meeting if it determines the late correspondence is too voluminous to consider fully. Alternatively, the Council may elect to consider the matter if it has had adequate time to consider all of the information presented. Such a determination may, but need not, be made by formal motion during the meeting.

4.7 Time Limits
Public comment shall generally be limited to 3 minutes per individual speaker per agenda item, except that the Mayor, with the concurrence of the City Council, may set a different time limit based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors. If a speaker continues to speak after their allotted time has expired, the Mayor may allow them a short time (e.g., 30 seconds) to wrap up their comments. When a speaker has completed their comments, Councilmembers may ask clarifying questions of the speaker and receive brief answers, notwithstanding the time limits described in this section. Speakers are not required to answer questions posed by Councilmembers.

5. Conducting Meetings

5.1 Presiding Officer
The Mayor or Vice Mayor shall preside and call the meeting to order at the hour appointed. In the absence of both, the meeting shall be called to order by the City Clerk and those Council members present shall proceed to elect a temporary Presiding Officer.

Before proceeding with the business of the Council, the City Clerk shall perform a formal roll call. The Presiding Officer may move, second, and debate from the Chair, and shall not be deprived of any rights and privileges of a Council member.

5.2 Actions Limited to Posted Agenda
The City Council may take action on any item listed on the agenda. The City Council shall not take action on any item not appearing on the posted agenda except when there is an emergency, there is a need for immediate action, or the item was posted for a prior meeting less then 5 days before and was continued, as prescribed more fully in Gov.

Code §54954.2.

5.3 Continuance of an Item
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 9 An agenda item may be continued by the City Council by a majority vote. (See section

5.4.6.c.)

5.4 Discussion
When an agenda item is addressed, the Mayor shall first ask for any staff comments or additions to the written staff report. Next, the Mayor shall ask for questions from the Council of staff. After that, the Council shall receive public comment (see section 4.7, time limits). After public comments, the Mayor shall close the public comment portion and open the item for discussion by the Council, which shall be subject to the following rules. During Council deliberations, the Mayor, with the consent of the City Council, may reopen public comment.

5.4.1. Getting the Floor. Every Council member desiring to speak shall address the Mayor and, when recognized by the Mayor, shall limit discussion to the questions under debate.

5.4.2. Interruptions. A Council member, once recognized, shall not be interrupted when speaking except to be called to order, or as otherwise provided. If a Council member, while speaking, is called to order, the Council member shall cease speaking until the question of order is determined; if determined to be in order, the Council member shall be permitted to proceed.

5.4.3. Privilege of Closing Debate. The Council member making a motion for adoption of an ordinance or resolution shall have the privilege of closing the debate on that motion, subject to other motions which may be before the Council.

5.4.4. Motion to Be Stated. The Mayor shall state all motions submitted for a vote and announce the result. A roll call vote shall be taken upon the request of any Council member. No action shall be taken by secret ballot.

5.4.5. Appeals. Any ruling of the Mayor may be appealed at the request of a Council member. The Mayor shall call for a roll call vote to determine if the ruling is upheld.

5.4.6. Precedence of Motions. When a motion is before the Council, no other motion shall be entertained except:
a. Motion to Amend. A motion to amend, which modifies the original motion, is in order but is debatable only as it relates to the amendment.

Amendments are voted on first; the main motion vote is last. A motion may be amended more than once with each amendment being voted on separately. There shall only be one amending motion on the floor at any one time.
b. Substitute Motions. A substitute motion is in order for the purpose of taking out the main motion altogether and replacing it with a new and F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 10 different motion. A substitute motion must be voted on before an amendment of the main motion, since if the substitute motion is adopted the main motion dies and so does any amendment of the main motion.
c. Motion to Postpone. A motion to postpone to a definite time is subject to debate and amendment as it relates to propriety of the postponement and time set. A motion to postpone a quasi-judicial hearing must set a definite date for the hearing. If a motion to postpone indefinitely is adopted, the agenda item shall be carried forward on the City Clerk’s Future Agenda Items list for up to one year, then dropped if not reinstated to the agenda.
d. Motion to Table. A motion to table is not debatable and not subject to amendment. The purpose of a motion to table is to suspend the item for an indefinite time.

5.4.7. Motions Not Subject to Debate. All motions are debatable except for the following, which shall be put to an immediate vote:
a. Motion to adjourn, which requires a simple majority. b. Motion to recess, which requires a simple majority.
c. Motion to table, which requires a simple majority.
d. Motion to limit debate (“I move the question” or “I move to limit debate of this item to __ minutes”), which requires a 2/3 vote.

5.4.8. Reconsideration. A request for reconsideration may be made during a meeting in which a decision has been made or at the next regularly-scheduled Council meeting. A request for reconsideration may be made only by a Council member who voted in the majority on the original decision. Reconsideration of a matter involves three decisions, which must occur in the following order:
a. First, the Council must decide whether or not to consider the request on a future agenda. (No discussion is permitted at this point on the validity of the request or the merits of the underlying action to be reconsidered.) b. Second, if a majority of the Council votes to place the issue on a future agenda, there are two agenda items:
i. Whether to allow reconsideration or not and
ii. If reconsideration is permitted, whether the original decision should be changed or affirmed.

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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 11 c. A decision not to reconsider a matter under (b)(i) will be deemed to automatically include removal of the agenda item for reconsideration of the merits under (b)(ii).
d. Unless a subject is reconsidered and a majority of the City Council votes to change the original decision, the original action stands and is final.

However, the subject of the original decision (other than a quasi-judicial hearing such as a land use appeal) may be placed on a future agenda at any time as provided in these rules.
e. Reconsideration of a decision on a land use appeal is governed by Orinda Municipal Code section 17.43.8.

5.4.9. Conflict of Interest and Bias. A conflict of interest or even the appearance of a conflict of interest can diminish the public’s confidence in the integrity of the governmental process. Therefore, a Council member who has a conflict of interest under the Political Reform Act or Government Code §1090 may not participate in the agenda item causing the conflict. The Council member must make a statement substantially as follows:
“I am unable to participate in this matter as a public official because I have a financial interest in the subject which creates a conflict of interest. The financial interest is [describe the conflict with particularity].” The public official must leave the room for the duration of the discussion of the item. If the discussion relates to the public official’s real property or business (owned or controlled solely by the public official/and spouse/domestic partner), the public official may speak as a member of the general public and remain in the audience.

In addition, if a Council member’s personal bias compromises the Council member’s ability to act impartially with the interests of the City as a whole in mind, the Council member must leave the room and not participate in the agenda item. Bias may exist because of a Council member’s (1) substantial involvement or familiarity with the subject of an agenda matter or (2) close association with the persons involved, a connection which may or may not be known by the public or the other members of the Council.

Even if the Council member believes s/he is not biased, in the interests of open government, it is advisable at the very least to disclose that association, involvement, or experience prior to participating in the agenda item. See Rule 6.5.

5.4.10. Protests. A Council member shall have the right to enter into public record reasons for dissent or protests against any motion carried by the majority.

5.4.11. Limits on speech and conduct. See sections 4.3 and 4.4, which apply also to the speech and conduct of City Council members.

5.4.12. Rules of Order. Except as otherwise provided in these Rules, the current edition of “Roberts Rules of Order” shall govern the conduct of the meetings of the City Council.

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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 12 6. Quasi-Judicial Hearings
When a public hearing is required for an agenda item, the Mayor shall first ask for any staff comments or additions to the written staff report for the hearing. Next, the Mayor shall ask for questions from the Council of staff. Next, Council members shall disclose ex parte communications as described below. After that, the Council shall receive public comment, as outlined below.

6.1 Ex Parte Communications
A Council member shall disclose on the record all communication (e.g., email, other written correspondence, conversations, and site visits) occurring outside the hearing that relate to the subject of the hearing. The Council member shall identify with whom s/he communicated, what was communicated, and for site visits, where on the site the Council member went and what the Council member looked at and observed. Council members may also elect to forward copies of written ex parte communication to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

6.2 Testimony

6.2.1. The purpose of this portion of the public hearing is to provide an opportunity for persons interested in the subject of the hearing to testify in support of or opposition to the matter being heard.

6.2.2. Each person wishing to testify may do so as described in section

4.1. 6.2.3. The order of testimony shall be as follows:
a. The applicant (and the applicant’s design professional, attorney, and other representatives, if any) shall speak first and together shall have a total of 15 minutes to present the project. A portion of this time may be reserved by the applicant for final remarks after public testimony has concluded. b. The appellant, if not the applicant, (and the appellant’s design professional, attorney, and other representatives, if any) shall also have a total of 15 minutes to present the basis for the appeal.
c. Those persons other than the applicant and the appellant (and their representatives) shall have a total of 3 minutes each to present testimony, except that to preserve order and eliminate repetitious testimony from a large group, the Mayor may ask a like-minded group to appoint a spokesperson to represent the point of view of the group. At the Mayor’s discretion, speakers favoring the project may be asked F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 13 to so indicate and may be asked to present their testimony consecutively and likewise those opposed.
d. Regardless of the time limits stated above, the time limit per individual speaker may be set by the Mayor, with the concurrence of the City Council, at the beginning of a public hearing, based upon the number of persons wishing to speak, the complexity of the item, the length of the agenda, the hour, and other factors.

6.2.4. Questions by speakers may be noted and addressed prior to Council deliberation.

6.3 Council Deliberation

6.3.l. After the Mayor has determined that no other member of the audience wishes to speak, the Mayor shall close the public testimony portion of the hearing and the matter shall be taken up by the City Council.

6.3.2. The Council may ask questions of speakers for clarification during the public testimony portion and during deliberations.

6.4 Council Action

6.4.1. Council may, at this time, continue a matter to a specific future date to obtain additional information. Continuing a public hearing to a specific date does not require additional notice.

6.4.2. The Council may vote on the item, making findings of fact as required by law

6.5 Due Process
A quasi-judicial hearing that involves property rights (a land use matter or a personnel matter) must incorporate the standards of constitutional due process. This type of hearing must be fair and open, subject to employee privacy rights. The elements of due process are adequate notice, an opportunity to be heard, an impartial decision-maker, a decision based on substantial evidence, and findings to document the basis of the decision.

6.5.1. Impartiality
a. Rule. A public official must perform the duties of office free from any personal or pecuniary interest. If there is an actual bias or financial interest that could interfere with a Council member’s judgment, the Council member should not participate in the agenda item and should leave the Council chambers for the duration of the agenda item.
b. Open Mind. A Council member must have an open mind
and receive all evidence presented at the hearing. In addition, a Council member shall F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 14 disclose ex parte communications (see §6.1 above) before making a determination on the merits. If the Council member has a fixed position on a matter prior to the hearing or if the Council member will be influenced by information not in the evidence, the Council member shall not participate in the hearing.
c. Staying Neutral. In order to assure that a Council member has not become so embroiled or otherwise involved in a matter that s/he cannot be impartial, the following rules shall apply:
i. Staff Contacts. A Council member shall refrain
from contact outside the public meeting context with City staff concerning the merits of matters which will or may come to the City Council for a quasi-judicial hearing.

Regardless of the above, a Council member may obtain factual information from staff relating to the hearing.
ii. Commissions and Committees. A Council member
must not express opinions on the merits of an item that is or will be the subject of a quasijudicial hearing within the subject matter jurisdiction of the Planning Commission to a Planning Commissioner prior to or during the hearing. In case such communications have occurred, any such communication from a Council member to a Planning Commissioner prior to a decision of the Commission on the matter shall be disclosed by the Commissioner in the course of the hearing of the subject by the Planning Commission.
iii. Interested Parties. A Council member shall refrain from becoming involved in discussions, negotiations, and other activities relating to a matter that is likely to be subject to a hearing by the City Council, unless the full scope of the Council member’s involvement and conversations is disclosed during the Council’s consideration of the matter and there is no bias that has resulted from those activities. d. Involvement or Bias. A Council member may be involved in a matter before the City Council due to a number of factors, including but not limited to an ongoing personal acquaintance, the proximity of real property, a business relationship, or community activities. In such a situation, where the Council member is unable to make an impartial decision, the Council member should recuse himself or herself, make a brief explanation of the facts behind recusal, and leave the room.

6.5.2 Absence During a Quasi-Judicial Hearing. A Council member otherwise qualified to vote may not vote on a matter if the Council member was absent from all or part of the hearing, unless the Council member both (1) reviews the minutes and the staff report or listens to the audiotape of the entire portion of the hearing s/he missed, if the minutes are not available, and (2) reviews all physical and written evidence introduced at the hearing before the meeting at which the decision is to be rendered.

7. Voting

7.1. Majority Vote Required
F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 15 An affirmative vote of at least three Council members of the Council is required by law to adopt an ordinance, a resolution, and an order for the payment of money. An urgency (emergency) ordinance must be adopted by at least a 4/5 vote. Other matters may be adopted by the majority present.

7.2 Roll Call Votes
When required by state law, a roll call vote shall be taken on each motion before the Council. Additionally, on demand by any Council member, made before the "Noes" are called for, a roll call vote shall be taken on a motion before the Council. The Mayor's name shall be called last with other Council members' names called at random by the City Clerk. Council members shall not give explanations for their vote during roll call.

7.3 Silence
During a collective vote (ayes and noes), silence of any Council member denotes an affirmative vote.

7.4 Tie Vote
A tie vote means that a motion fails. In the context of a public hearing on a land use matter, a tie vote means denial of the project.

7.5 Abstention
Abstaining from a vote (other than due to recusal) constitutes a vote with the majority, except that where there is a tie vote, an abstention constitutes a vote for the motion.

8. Officers

8.1 Mayor
The Council shall elect a Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots by the County Clerk; or at the first regular meeting after the office of Mayor becomes vacant for any reason. The term of office of the Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Mayor requires three affirmative votes.

The Mayor shall be recognized as the official head of the City for all ceremonial purposes. The Mayor shall sign all Ordinances and Resolutions adopted by the Council when the Mayor is presiding.

8.2 Vice Mayor
The Council shall elect a Vice Mayor at the first regular meeting of December of each year, or as soon thereafter as possible following the confirmation of the canvass of ballots F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 16 by the County Clerk; or at the first regular meeting after the office of Vice Mayor becomes vacant for any reason. The term of office of the Vice Mayor is one year. An election to fill a vacancy occurring in mid-term shall be for the remaining portion of the one-year term. The election or removal of Vice Mayor requires three affirmative votes.

The Vice Mayor shall serve all functions of the Mayor when the Mayor is unable or unavailable to fulfill those functions.

9. Boards, Commissions, and Committees

9. Appointments to Boards, Commissions, Committees, and Liaisons Positions

Council members may be appointed to serve in the following roles:

9.1.1 Members of ad hoc and standing subcommittees of the City Council,

9.1.2 Members to represent the City on various regional boards, including joint powers agencies (e.g., Contra Costa County Solid Waste Authority, Mayors’ Conference of Contra Costa County, etc.),

9.1.3 Liaisons to various City Partners (e.g., Acalanes Unified School District, Bay Area Rapid Transit, Chamber of Commerce, etc.),

9.1.4 Liaisons to City Commissions and Committees (e.g., Planning Commission, Parks & Recreation Commission, etc.)
When a Council member is appointed as a liaison to a City Commission or Committee, their role is to facilitate communications between the Commission and the Council. They F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 17 are the primary contact person if the Commission/Committee as a whole or an individual Commissioner/Committee Member wants such a channel of communication. The Council’s appointed liaison should not be an advocate for the Commission, give direction or attempt to influence any decision or recommendation of the Commission/Committee.

9.3 Local Boards
The City Council may also appoint members of the public to represent the City on various local boards (e.g., Contra Costa Mosquito & Vector Control District, Contra Costa Council on Aging, etc.). The appointment process will be determined by the Council, consistent with the requirements of the local or regional board and state law (e.g., the Maddy Act).

10. Ordinances

10.1 Document Preparation and Approval
All ordinances must be drafted by or approved by the City Attorney before being placed on the agenda.

10.2 Ordinance Introduction/Adoption
The title of a proposed ordinance will be considered to be read, unless a Council member requests a full reading. Ordinances shall not be adopted within five days of their introduction, or at other than regular Council meetings. However, an urgency ordinance may be passed immediately upon introduction, at either a regular or a special meeting, if a resolution substantiating the urgency has been adopted first.

10.3 Ordinance Preservation
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 18 Following adoption of an ordinance, the City Clerk shall assign a number to the ordinance, publish a summary and post the full text according to law. The ordinance shall be filed and preserved in the City Clerk's office.

11. Administrative Matters

11.1 Correspondence

11.1.1 Electronic Correspondence
Council members shall use accounts issued to them by the City for all electronic correspondence (e.g., email) regarding City business. Council members shall not use accounts issued to them by the City for personal correspondence.

Emails sent by members of the public to Council members are public records. When these emails are related to a City Council Meeting agenda item, they are forwarded to the City Clerk to include in the staff report for the relevant agenda item or in the late public communication packet, depending on whether the communication is received before or after the agenda packet is published.

11.1.2 Other Correspondence
Written correspondence received by a Council member at City Hall by postal service, personal delivery, and messenger service shall be opened by staff and handled consistent with the City of Orinda Records Retention Program, which may require the City to retain a copy. Council members may elect to forward copies of written correspondence they receive to the City Clerk, who will include such correspondence in the staff reports for relevant agenda items and/or forward it to the whole City Council, if doing so would not violate the Brown Act.

11.1.3 Website Privacy Notice
The City’s website privacy notice should explain that the public is encouraged to communicate with Council members by email and other means, but that the public should be aware that email and other written correspondence, including messages intended to be confidential, may be subject to disclosure under the California Public Records Act.

Additionally, the privacy notice should explain that such correspondence may be forwarded to other Council members, City staff and/or the public generally.

11.1.4 Compliance with State Law
The City retains electronic and other correspondence in accordance with State law and the City’s adopted Records Retention Program, which is available from the City Clerk.

For public records, the City complies with the State Public Records Act.

11.2 Confidentiality
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 19 Matters discussed in closed session and matters contained in City Attorney confidential memoranda are confidential and shall not be disclosed to anyone without prior authorization from the City Council acting together (closed session information) or from the City Attorney (confidential communications from the City Attorney).

11.3 Communications with the Public
Council members shall be clear in communications with the public when the opinions and positions they convey are their own individual positions and when they have been authorized by the Council to speak for the Council as a whole.

11.4 Relations with Staff
As required by OMC §2.08.080, Council members of the City Council shall deal with employees of the City through the City Manager, except to obtain information as necessary, in a limited manner.

12. Emergency Procedures

12.1 Emergency Special Meetings
Emergency special meetings may be called by the Mayor, a majority of the Council members, or the City Manager only in accordance with state law (see Government Code section 54956.5), which defines qualifying emergencies narrowly (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

12.2 Emergency Special Closed Session
During an emergency meeting, the City Council may meet in closed session pursuant to Government Code section 54957 (threat to public security) if agreed to by a two-thirds vote of the members of the City Council present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present.

12.3 Emergency and Urgent Amendments to Regular Agendas Items may be added to a regular meeting agenda on an emergency or urgency basis only in accordance with state law (see Government Code section 54954.2(b)). a. The Council may add an emergency item to its agenda at a regular meeting if, by majority vote, it determines that the matter in question constitutes an emergency situation pursuant to Government Code section 54956.5 (e.g., work stoppage, crippling activity, or other activity that severely impairs public health and/or safety, crippling disaster, mass destruction, terrorist act, threatened terrorist activity).

F.2.a
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 20 b. The Council may add an urgent item to its agenda at a regular meeting if it makes findings that: (1) there is a need to take immediate action, and (2) the need for action came to the attention of the City subsequent to the agenda being posted.

Those findings must be approved by two-thirds of the members of the City Council present, or, if less than two-thirds of the members are present, a unanimous vote of those members present.

12.4 Emergency Declarations and Findings
In the event of an emergency, the Council may declare a local state of emergency and/or confirm an emergency declaration made by the City Manager. The Council may also make findings as appropriate to determine that normally-applicable procedures do not apply. Examples include the California Environmental Quality Act (see CEQA Guidelines sections 15269 & 15359) and the Public Contact Code (see Govt. Code sections 1102 & 22050). The Council may also, consistent with state and federal law, impose local curfews and other restrictions to safeguard life and property during an emergency.

12.5 Councilmembers Unavailable During Emergency
a. The City Council has designated the individuals serving in the following capacities to also serve as stand-by Councilmembers according to the ranked order in which they appear:

1. Planning Commission, Chair

2. Supplemental Sales Tax Oversight Commission, Chair

3. Finance Advisory Committee, Chair

4. Parks & Recreation Commission, Chair

5. Transportation Safety Advisory Committee, Chair

6. Planning Commission, Vice Chair

7. Supplemental Sales Tax Oversight Commission, Vice Chair

8. Finance Advisory Committee, Vice Chair

9. Parks & Recreation Commission, Vice Chair

10. Transportation Safety Advisory Committee, Vice Chair Stand-by Councilmembers shall have the duties prescribed by State law. See Government Code section 8641.
b. If an insufficient number of the members of the Council are available to conduct necessary business at an emergency meeting, one or more stand-by Council members shall, following the ranked order above, be authorized to serve as Council members, for purposes of that emergency meeting only. The number of stand-by Councilmembers authorized to serve shall be the minimum number needed to conduct business at that emergency meeting of the City Council.

13. Suspension and Amendment of These Rules
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 21 13.1 Suspension
Any provision of these rules not required by state law or the Orinda Municipal Code may be temporarily suspended by the Council.

13.2 Amendment
These rules may be amended by resolution of the Council.

13.3 Rules Available for Public Review
A copy of these rules shall be available on the City’s website and at all meetings of the Council for review by the public.
************************************************************************ 1733730.1
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Attachment: City Council Policies Procedures Manual (Proposed Changes for September, 2024) (3421 : Adoption of Updated Policy & 1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF:

Amending and Adopting the
City Council Policies and
Procedures Manual
_________________________
)
)
)
)
Resolution No. 40-24
WHEREAS, the City Council reviews its Policies and Procedures Manual from time to time to determine if it needs any updates; and
WHEREAS, at the City Council Meeting of September 3, 2024, the City Council reviewed and determined it appropriate to amend its Policies and Procedures Manual.

NOW, THEREFORE, BE IT RESOLVED that the Orinda City Council does hereby amend the Orinda City Council Policies and Procedures Manual as shown in Exhibit A and as amended at the City Council Meeting of September 3, 2024.

BE IT FURTHER RESOLVED: that the Orinda City Council does hereby adopt the Orinda City Council Policies and Procedures Manual as amended.

Adopted by the City Council of the City of Orinda at a regular meeting on September 3, 2024, by the following vote:

AYES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:
_________________________________
Darlene K. Gee, Mayor
ATTEST:
____________________________
Sheri Marie Smith, City Clerk
F.2.b
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Attachment: Resolution 40-24 Amending Policies Procedures Manual (3421 : Adoption of Updated Policy & Procedures Manual) City Council
Staff Report
Agenda Item: F.3
Date: September 3, 2024
Department: City Clerk
AGENDA TITLE: Adoption of Amendments to the City’s Conflict of Interest Code for Designated Filers
RECOMMENDATION:

The Political Reform Act requires that every local agency adopt a Conflict of Interest Code and that the Code be reviewed on a biennial basis to determine if it is accurate and up-to-date. The last review and amendments to the City’s Conflict of Interest Code were adopted by Resolution No. 48-22 on October 11, 2022.

The City’s Conflict of Interest Code (Code), required by Government Code Section 87300 incorporates by reference, Fair Political Practices Commission (FPPC) regulation, Title 2 Cal. Code of Regulations Section 18730. Appendix A of the attached Resolution designates the positions within the City that make or participate in the making of governmental decisions, which may have a material effect on any financial interest. Appendix A also identifies what types of financial interests must be disclosed (i.e., “disclosure categories”). The Code requires that any qualifying financial interest be disclosed through the filing of a Statement of Economic Interests (Form 700) upon assuming office, through annual filings, and upon leaving office.

The City Council, City Manager, City Attorney, City Treasurer/Finance Director, and Planning Commission are not subject to the provisions of the City’s Conflict of Interest Code because they are subject to the disclosure requirements of the Political Reform Act under the terms of Government Code Sections 87200 et seq.

Since 2022, when the code was last amended, there has been an addition of one position (Maintenance and Facilities Superintendent). That addition is shown in redline as an Appendix to the attached Resolution.

FISCAL IMPACT:

None
ATTACHMENTS:

A. Resolution 39-24 Amending Conflict of Interest Code
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Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

F.3
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Resolution No. 39-24

Page 1 of 4 ends

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Adopting an Amended Conflict of
Interest Code Under Government
Code Section 87300-87313
_____________
)
)
)
Resolution No. 39-24
WHEREAS, Government Code section 87300, comprising a part of the Political Reform Act of 1974 as amended, requires the City to adopt and promulgate a Conflict of Interest Code; and
WHEREAS, since November 26, 1985, the City Council has amended its Conflict of Interest Code as required by law. The latest amendment was adopted on October 11, 2022 by Resolution No. 48-22; and
WHEREAS, Section 18730 of the Regulations of the Fair Political Practices Commission (Title 2, Division 6, California Code of Regulations) authorizes the adoption of the Conflict of Interest Code by incorporating section 18730 by reference and designating the employees and disclosure categories to which the Code applies.

NOW THEREFORE, the City Council of the City of Orinda does find, determine and declare as follows:

1. The City of Orinda incorporates by reference the terms of 2 Cal. Code of Regs. Section 18730(b) and any amendments to it duly adopted by the Fair Political Practices Commission and declares that those terms, along with the attached Appendix in which public officials and employees are designated and disclosure categories are set forth, constitute the Conflict of Interest Code of the City of Orinda, which is considered the “agency” for the purposes of this Code.

2. Persons designated in the Appendix shall file their statements with the City Clerk, who shall be the filing officer for the City of Orinda. Statements will be available for inspection and reproduction pursuant to Government Code section 81008.

3. Resolution No. 48-22 is repealed.

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Attachment: Resolution 39-24 Amending Conflict of Interest Code (3420 : Update Conflict of Interest Code) Resolution No. 39-24

Page 2 of 4 ends

ADOPTED by the City Council of the City of Orinda at a meeting of the Council held on September 3, 2024, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
____________________________________
Darlene K. Gee, Mayor
ATTEST:
________________________________
Sheri Marie Smith, City Clerk
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Attachment: Resolution 39-24 Amending Conflict of Interest Code (3420 : Update Conflict of Interest Code) Resolution No. 39-24

Page 3 of 4 ends

APPENDIX
DESIGNATED POSITIONS and DISCLOSURE CATEGORIES
I. DESIGNATED PERSONS
Each position set forth below is a designated person within the meaning of Section 2 of this Resolution1. Disclosure categories, described in Section II, apply as shown for each position.

1. Planning Director Cat. 1

2. Planner(Technician/Assistant/Associate/Senior Cat. 1

3. Police Chief Cat. 1

4. Police Sergeant Cat. 1

5. Director of Public Works and Engineering Cat. 1

6. City Engineer Cat. 1

7. Public Works Inspector Cat. 1

8. Public Works Supervisor Cat. 4

9. Senior Civil Engineer Cat. 1

10. Engineer (Assistant/Associate) Cat. 3 and 4

11. Parks and Recreation Director Cat. 1

12. Assistant City Manager/Department Head Cat. 1

13. Recreation Supervisor II Cat. 4

14. Facilities – Parks Supervisor Cat. 4

15. City Clerk Cat. 1

16. Senior Management Analyst Cat. 1

17. Administrative Services Director Cat. 1

18. Deputy City Attorney Cat. 1

19. Human Resources Manager Cat. 4

20. Senior Accountant Cat. 1

21. Education and Outreach Coordinator Cat. 1

22. Maintenance and Facilities Superintendent Cat. 1

23. Parks and Recreation Commission Cat. 3 and 4

24. Art in Public Places Committee Cat. 4

25. Finance Advisory Committee Cat. 1

26. Historic Landmarks Committee Cat. 3

26. Supplemental Sales Tax Oversight Commission Cat. 3 and 4

27. Traffic Safety Advisory Committee Cat. 3
1 The members of the City Council and Planning Commission, the City Manager, the City Attorney, and the City Treasurer are not subject to the City’s conflict of interest code because they are subject to the disclosure requirements of the Political Reform Act under Government Code sections 87200 et seq.

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Attachment: Resolution 39-24 Amending Conflict of Interest Code (3420 : Update Conflict of Interest Code) Resolution No. 39-24

Page 4 of 4 ends

28. Consultants 2 Cat. 1

29. Library Facility Steering Committee Cat. 4

30. Library Parcel Tax Review Committee Cat. 4
II. DISCLOSURE CATEGORIES
This list contains a general summary of the types of financial interests required to be disclosed by a person holding a designated position. For details, consult the statutes and regulations or the Fair Political Practices Commission at (866) 275-3772 (option 2) or the website www.fppc.ca.gov .

Category 1 – Full Disclosure.

All interests in real property located within the City of Orinda, as well as investments, business positions and sources of income, including gifts, loans and travel payments.

Category 2 – Full Disclosure (excluding interests in real property).

All investments, business positions and sources of income, including gifts, loans and travel payments.

Category 3: Interests in Real Property
All interests in real property located in the City of Orinda Category 4: Contracting Categories
All investments, business positions and income, including gifts, loans and travel payments from sources that provide leased facilities, goods, equipment, vehicles, machinery or services, including training or consulting services, of the type utilized by the person’s department or area of authority.
2 With respect to consultants, the City Manager may determine in writing that a particular consultant is required to comply with the disclosure requirements of the City’s Conflict of Interest Code. Such determination shall include a description of the consultant’s duties and, based on that description, a statement of the extent of disclosure required. The City Manager shall maintain a list of all consultants covered by the City’s Conflict of Interest Code as well as the disclosure categories applicable to those consultants.

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Attachment: Resolution 39-24 Amending Conflict of Interest Code (3420 : Update Conflict of Interest Code) City Council
Staff Report
Agenda Item: F.4
Date: September 3, 2024
Department:

Public Works and
Engineering Services
AGENDA TITLE: Approve Traffic Order #232 Restricting Parking on Moraga Way RECOMMENDATION:

Staff recommends that the City Council Adopt Resolution 37-24 establishing parking regulations on Moraga Way approaching crosswalk near Bryant Way.

BACKGROUND: On October 10, 2023, Assembly Bill No. 413 was passed, amending California Vehicle Code Section 22500(n)(1)(A). This amendment prohibits vehicles from stopping, standing, or parking within 20 feet of the vehicle approach side on any crosswalk.

Although the parking restrictions do not require a traffic order to be enforceable, staff is seeking City Council approval for Traffic Order #232 due to the significant impact of removing a parking space in the Downtown Theatre Square district SUMMARY:

The crosswalk on Moraga Way in the downtown theatre square near Bryant Way (see attached map) has permitted parking up to the edge line. However, in accordance with the recent legislative changes, staff has installed temporary "No Parking" signs in the area to inform downtown patrons of the new restrictions, which now prohibit parking within 20 feet of the crosswalk.

Moraga Way (Resolution 37-24, Traffic Order #232):
20 feet of red curb along the west side of Moraga Way in the south bound direction before the crosswalk located directly south of the Bryant Way intersection.

NEXT STEPS: In accordance with Section 10.44.030(A), the City Manager will establish these parking restrictions and install the appropriate signs and striping for enforcement.

Upon approval of the Resolutions/Traffic Orders, these parking restrictions will be permanently installed and included in the Public Works Department’s Traffic Order log.

FISCAL IMPACT: The cost for installing striping/curb painting is not considered material and already included in the Public Works Annual Operating Budget for Sign Maintenance.

ATTACHMENTS:

A. Resolution 37-24 Moraga Way No Parking TO# 232
B. Location Map
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Respectfully Submitted by:

Scott Christie
Public Works Director
Prepared By: Kevin McCourt, Assistant Engineer
Approved by:

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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Establishing Parking Regulations on
Moraga Way Approaching Crosswalk
Near Bryant Way
)
) Resolution No. 37-24
)
Traffic Order No. 232
WHEREAS, Assembly Bill No. 413 that was passed on October 10, 2023 and amends the California Vehicle Code Section 22500(n)(1)(A) to prohibit the stopping, standing, or parking of a vehicle within 20 feet of the vehicle approach side on any crosswalk; and
WHEREAS, California Vehicle Code Section 22507 authorizes a local agency to establish parking regulations on streets and roads under their jurisdiction; and WHEREAS, Orinda Municipal Code Section 10.04.020(P) authorizes traffic orders to establish parking regulations on street or highways; and WHEREAS, Orinda Municipal Code Section 10.04.040 requires the adoption of a resolution for a traffic order to become effective; and WHEREAS, the cardinal directions in this resolution are based on a convention which considers Highway 24 an east-west roadway, and Camino Pablo/Moraga Way as northsouth roadways; and NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby adopt and approve the following parameters and traffic orders for Moraga Way:

Parking shall be prohibited at all times along the west side of Moraga Way beginning from the northern edge of the crosswalk located directly south of Bryant Way extending northerly 20 feet.

Adopted by the City Council of the City of Orinda at a regular meeting on September 3, 2024 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Darlene K. Gee, Mayor
ATTEST:

Sheri M. Smith, City Clerk
F.4.a
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Attachment: Resolution 37-24 Moraga Way No Parking TO# 232 [Revision 1] (3414 : Moraga Way Parking Restrictions) F.4.b
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Attachment: Location Map (3414 : Moraga Way Parking Restrictions) City Council
Staff Report
Agenda Item: H.1
Date: September 3, 2024
Department: City Clerk
AGENDA TITLE: City Council Meeting Schedule for 2025
RECOMMENDATION:

Review, Amend, and Adopt City Council Meeting Schedule for 2025 BACKGROUND:

City Council meetings typically occur on the first and third Tuesdays of each month.

Each year, the City Council confirms its meeting schedule with some adjustments as desired or necessary given holidays and other factors.

DISCUSSION:

Attached is the proposed 2025 City Council Meeting Calendar for the Council to discuss and make any needed changes.

There are four proposed exceptions to the usual 1st and 3rd Tuesdays:
• Saturday, February 22, 2025 – Commission/Committee Interviews • No Meeting on Tuesday, August 5, 2024 due to National Night Out • Monday, April 7th instead of Tuesday, April 1st due to Spring Break • Monday, November 3rd instead of Tuesday, November 4th due to Election NEXT STEPS:

Approval of the 2025 City Council Calendar will allow the dates to be shared with the community and City employees.

FISCAL IMPACT:

None as a result of this item.

ATTACHMENTS:

A. 2025 Council Calendar
B. Calendar Showing Meetings and Holidays
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
H.1
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Approved by:

H.1
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Office of the City Clerk
Sheri Marie Smith
Phone: 925.253.4221
Fax: 925.254.2068
[email protected]
NOTICE OF CITY COUNCIL 2025 CALENDAR
Proposed 9/3/2024
Regular 2025 City Council Meetings are generally held on the first and third Tuesdays of each month, with some exceptions due to holidays.

January
Tuesday, January 7, 2025 – 7pm Regular Meeting
Tuesday, January 21, 2025 – 7pm Regular Meeting
February
Tuesday, February 4, 2025 – 7pm Regular Meeting
Tuesday, February 18, 2025 – 7pm Regular Meeting
Saturday, February 22, 2025 – 9am (Commission Committee Interviews) March
Tuesday, March 4, 2025 – 7pm Regular Meeting
Tuesday, March 18, 2025 – 7pm Regular Meeting
April
Monday, April 7, 2025 – 7pm Regular Meeting (Moved due to Spring Break on 4/1) Tuesday, April 15, 2025 – 7pm Regular Meeting
May
Tuesday, May 6, 2025 – 7pm Regular Meeting
Tuesday, May 20, 2025 – 7pm Regular Meeting
June
Tuesday, June 3, 2025 – 7pm Regular Meeting
Tuesday, June 17, 2025 – 7pm Regular Meeting
July
Tuesday, July 1, 2025 – 7pm Regular Meeting
Tuesday, July 15, 2025 – 7pm Regular Meeting
August
No Meeting on August 5th due to National Night Out
Tuesday, August 19, 2025 – 7pm Regular Meeting
September
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Attachment: 2025 Council Calendar (3423 : Review of 2025 City Council Meeting Schedule/Calendar) Tuesday, September 2, 2025 – 7pm Regular Meeting
Tuesday, September 16, 2025 – 7pm Regular Meeting
October
Tuesday, October 7, 2025 – 7pm Regular Meeting
Tuesday, October 21, 2025 – 7pm Regular Meeting
November
Monday, November 3, 2025 – 7pm Regular Meeting (instead of 11/4 – Election Day) Tuesday, November 18, 2025 – 7pm Regular Meeting
December
Tuesday, December 2, 2025 – 7pm Regular Meeting
Tuesday, December 16, 2025 – 7pm Regular Meeting
H.1.a
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Attachment: 2025 Council Calendar (3423 : Review of 2025 City Council Meeting Schedule/Calendar) 2025 CALENDAR
◄ Dec 2024 January 2025 Feb 2025 ►
Sun Mon Tue Wed Thu Fri Sat 1
New Years Day
234
567
City Council
89 10 11
12 13 14
Planning Commission
15 16 17 18
19 20
MLK Jr. Day
21 City Council
22 23 24 25
26 27 28
Planning Commission
29 30 31
H.1.b
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Attachment: Calendar Showing Meetings and Holidays (3423 : Review of 2025 City Council Meeting ◄ Jan 2025 February 2025 Mar 2025 ►
Sun Mon Tue Wed Thu Fri Sat 1
234
City Council
5678
9 10 11
Planning Commission
12 13 14 15
16 17
President’s Day
18 City Council
19 20 21 22
Commission/Committee
Interviews 9am
23 24 25 26 27 28
First Day of Ramadan
H.1.b
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Attachment: Calendar Showing Meetings and Holidays (3423 : Review of 2025 City Council Meeting ◄ Feb 2025 March 2025 Apr 2025 ►
Sun Mon Tue Wed Thu Fri Sat 1
234
City Council
5678
9 10 11
Planning Commission
12 13 14 15
16 17 18
City Council
19 20 21 22
23 24 25
Planning Commission
26 27 28 29
30 31
Spring Break
H.1.b
Packet Pg. 59
Attachment: Calendar Showing Meetings and Holidays (3423 : Review of 2025 City Council Meeting ◄ Mar 2025 April 2025 May 2025 ►
Sun Mon Tue Wed Thu Fri Sat 1
Spring Break
2 Spring Break
3 Spring Break
4 Spring Break
5 67
City Council
8 Planning Commission
9 10 11 12
Passover Begins
13 14 15
City Council
16 17 18 19
20 Easter Sunday
21 22
Planning Commission
23 24 25 26
27 28 29 30
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Sun Mon Tue Wed Thu Fri Sat 1 2 3
45 Cinco De Mayo
6 City Council
789 10
11 Mother’s Day
12 13
Planning Commission
14 15 16 17
18 19 20
City Council
21 22 23 24
25 26
Memorial Day
27 Planning Commission
28 29 30 31
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Attachment: Calendar Showing Meetings and Holidays (3423 : Review of 2025 City Council Meeting ◄ May 2025 June 2025 Jul 2025 ►
Sun Mon Tue Wed Thu Fri Sat
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23 City Council
4567
89 10
Planning Commission
11 12 13 14
15 Father’s Day
16 17
City Council
18 19
Juneteenth
20 21
22 23 24
Planning Commission
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29 30
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Independence Day
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City Council
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Sun Mon Tue Wed Thu Fri Sat 1 2
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National Night Out
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2 City Council
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21 22
Rosh Hashanah
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12 13
Indigenous People’s Day
14 Planning Commission
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19 20 21
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26 27 28
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Halloween
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Sun Mon Tue Wed Thu Fri Sat 1
23 City Council
4 Election Day
5678
9 10
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12 13 14 15
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Thanksgiving
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14 Hanukkah Begins
15 16
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Christmas Day
26 Kwanzaa begins
27 28 29 30 31
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Staff Report
Agenda Item: H.2
Date: September 3, 2024
Department: City Clerk
AGENDA TITLE: Designation of Voting Delegate and Potential Alternate at the League of California Cities Annual Conference
RECOMMENDATION:

Designate Voting Delegate (and potential Alternate) at the League of California Cities Annual Business Meeting at the October 16-18, 2024 League Annual Conference and Expo in Long Beach
BACKGROUND:

The City of Orinda participates as a member of the League of California Cities. As an organization the League strives to be the leading advocate for the common interests of California's cities. Their mission statement is:
“To expand and protect local control for cities through education and advocacy to enhance the quality of life for all Californians.”
The League of California Cities 2024 Annual Conference is scheduled for October 16- 18, 2024. An important part of the Annual Conference is the Annual Business Meeting.

At this meeting, the League membership considers and takes action on resolutions that establish League policy.

In order to vote at the Annual Business Meeting, the City Council must designate a voting Delegate and potential Alternate. Typically, the Mayor and Mayor Pro Tem are designated as Delegate and Alternate respectively unless they are unable to attend.

Attachment A outlines the requirements and voting procedures.

ATTACHMENTS:

A. 2024-Voting-Delegate-Information-Packet
Respectfully Submitted by:

Sheri Smith
City Clerk
Prepared By: Sheri Smith, City Clerk
Approved by:

H.2
Packet Pg. 69
H.2
Packet Pg. 70
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 10, 2024
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 16-18, 2024 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 18, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 25. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 25, 2024
H.2.a
Packet Pg. 71
Attachment: 2024-Voting-Delegate-Information-Packet (3424 : Designation of Voting Delegates and Alternates LCC Annual Conference) For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 25. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly H.2.a
Packet Pg. 72
Attachment: 2024-Voting-Delegate-Information-Packet (3424 : Designation of Voting Delegates and Alternates LCC Annual Conference) 1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Attachment: 2024-Voting-Delegate-Information-Packet (3424 : Designation of Voting Delegates and Alternates LCC Annual Conference) Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

H.2.a
Packet Pg. 74
Attachment: 2024-Voting-Delegate-Information-Packet (3424 : Designation of Voting Delegates and Alternates LCC Annual Conference)

Orinda City CouncilSeptember 3, 2024

Orinda City Council
September 3, 2024