CITY COUNCIL REGULAR MEETING
AGENDA
Monday, November 4, 2024, 7:00 p.m.
Orinda Library Auditorium
26 Orinda Way
Orinda, CA 94563
MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING IN PERSON OR VIEW
BY TELECONFERENCE OR YOUTUBE
AT: https://www.youtube.com/@cityoforinda9535/streams
TELECONFERENCE: https://tinyurl.com/OrindaCityCouncil
PHONE: 669 444 9171
WEBINAR ID: 810 2271 2723
IN PERSON SPEAKER CARDS: If you would like to speak during the public form 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
Pages
A. CALL TO ORDER/ROLL CALL
Councilmembers: Brandyn Iverson, Inga Miller, Janet Riley Vice Mayor Latika Malkani, Mayor Darlene Gee
B. PLEDGE OF ALLEGIANCE
C. ADOPTION OF AGENDA
The City Council may take action on any item listed on the agenda.
D. ITEMS FOR THE GOOD OF THE CITY
D.1 Introduction of a New Business Community Member in Orinda - Stephen Rusher, The Economic Company (Theatre Square leasing agent)
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 4
Recommendation:
Approve City Council Minutes:
1. September 3, 2024 Regular Meeting
G. PUBLIC HEARING
H. POLICY MATTERS
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
L.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Pursuant to Government Code Section 54956.9(d)(1), conference with Legal Counsel regarding existing litigation: ORINDANS FOR SAFE EMERGENCY EVACUATION v. City of Orinda, Contra Costa County Superior Court Case No. N23-0579
M. ADJOURNMENT
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 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 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 (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.
City Council
Staff Report
Agenda Item: F.1
Date: 9/3/2024
Department: Administration
AGENDA TITLE:
City Council Minutes
RECOMMENDATION:
Approve City Council Minutes:
1. September 3, 2024 Regular Meeting
Respectfully Submitted by:
Name: Sheri Smith
Title: City Clerk
Orinda City Council Minutes Page 1 of 7 09.03.24
SEPTEMBER 3, 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, 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 Vice Mayor Malkani, and seconded by Councilmember Riley, 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 September, 2024 as Childhood Cancer Awareness Day in the City of Orinda
Mayor Gee read and presented the Proclamation recognizing September, 2024 as Childhood Cancer Awareness Day in the City of Orinda.
Mayor Gee opened the Public Forum.
Nick Waranoff asked the Council to consider proclamations that are within the jurisdiction of the City.
E. PUBLIC FORUM
Nick Waranoff referred to his correspondence and spoke about RHNA, asked to ban the Downtown Precise Plan which would add many additional housing units if the density bonus law is used, and asked to balance the revitalization of the downtown against the adverse impacts on emergency evacuation, traffic, and parking.
Orinda City Council Minutes Page 2 of 7 09.03.24
City Clerk Smith noted for the record that six public comments were received via email and are also posted on the City’s website.
F. CONSENT CALENDAR
Mayor Gee stated she received a request to remove Item F.2. She asked if there were any other items for removal or public comments, and there were none.
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.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:
Staff recommends that the City Council Adopt Resolution 37-24 establishing parking regulations on Moraga Way approaching crosswalk near Bryant Way.
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to approve Consent Calendar Item F.1.1, F.1.2, F.1.3, F.3, and F.4. Said motion carried by unanimous (5-0) roll call vote.
Item Removed from the Consent Calendar:
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
City Clerk Sheri Smith gave the staff report and overview of Council liaisons appointed to various commissions and committees. One public comment has been received, as well as a communication from Councilmember Miller to make a slight change to the last paragraph under Section 9.1.4.
Orinda City Council Minutes Page 3 of 7 09.03.24
In response to a question of Councilmember Iverson regarding the second change, Councilmember Miller explained that she added City Councilmembers to clarify a Councilmember would not be speaking on their own as an independent citizen but only as a City Councilmember.
Mayor Gee opened the Public Forum.
Nick Waranoff said the City Manager has been able to decide on whether or not to place an item on the agenda at his/her discretion. The Council also has the ability to request a Matters Initiated, which then goes to the City Manager who decides when it goes on the agenda. Therefore, he asked that the Council have the ability to agendize a matter.
Vice Mayor Malkani voiced support of Councilmember Miller’s edits. She voiced a request for additional edits, as follows:
Under Section 9.1.4, top of the packet page 37: “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.” Her proposal is to remove the words “give direction” because there may be times when a Councilmember, in the capacity as described in the final paragraph, is asked to state what occurred at a meeting.
The next sentence reads, “Council liaison attendance at Commission/Committee meetings is not an expectation and regular attendance is discouraged.” She recommended not ending the sentence with an expectation.
Councilmember Miller voiced support of Vice Mayor Malkani’s edits, and she suggested more leeway be given to Councilmembers, depending upon the circumstance.
Council discussion ensued, and Councilmember Miller suggested it state, “regular attendance is not an expectation.” Councilmembers voiced consensus.
Regarding the first paragraph, the sentence would remove “give direction” and read, “The Council’s appointed liaisons should not be an advocate for the commission or attempt to influence any decision or recommendation of the commission/Committee.” Councilmembers voiced consensus.
Mayor Gee asked for any other changes.
Councilmember discussion ensued regarding a Councilmembers’ ability to indicate in their motion when they would like a Matters Initiated to return, the variety of ways this topic is handled by local governments of Orinda’s size, elected versus appointed Mayors, and ways topics return on the agenda.
Councilmembers then confirmed the changes made based upon discussion and agreement were:
Orinda City Council Minutes Page 4 of 7 09.03.24
1. Under Section 9.1.4, last paragraph, incorporate Councilmember Miller’s changes which she submitted in writing.
2. Under 9.1.4, top of the packet page 37, remove words “give direction.”
3. Change next sentence to read, “regular attendance is not an expectation.” MOTION by Councilmember Riley, and seconded by Councilmember Miller, to adopt Resolution No. 40-24 adopting the City Council Policies and Procedures Manual, with amendments. Said motion carried by unanimous (5-0) roll call vote.
G. PUBLIC HEARING – None.
H. POLICY MATTERS
H.1. City Council Meeting Schedule for 2025
Recommendation:
Review, Amend, and Adopt City Council Meeting Schedule for 2025 City Clerk Sheri Smith gave the staff report and overview of the proposed City Council Meeting Schedule for 2025. She asked for Council feedback on the four proposed exceptions for the usual first and third Tuesdays, which include:
Add Saturday, February 22nd for a Committee/Commission Interview Day Not to hold a meeting on the first meeting in August due to National Night Out Hold a meeting on Monday, April 7th instead of Tuesday, April 1st due to Spring Break
Hold a meeting on Monday, November 3rd instead of Tuesday, November 4th due to the election
Councilmember Riley stated she has four conflicts and asked to change the meetings of the first weeks of March, June, and October.
Councilmember discussion ensued regarding Councilmembers having meeting conflicts and being excused, historical precedence, staff report timelines, and new Councilmembers coming on board.
Mayor Gee opened the Public Forum, and there were no speakers.
Mayor Gee indicated she would not be in attendance for the February 22nd special interview meeting and the Council discussed and agreed to move these interviews to February 8th.
MOTION by Vice Mayor Malkani, and seconded by Councilmember Iverson, to adopt the City Council Meeting Schedule for 2025, as amended, changing the February 22, 2025 special meeting to February 8, 2025. Said motion carried by unanimous (5-0) roll call vote.
Orinda City Council Minutes Page 5 of 7 09.03.24
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
City Clerk Sheri Smith gave the staff report and overview of the matter to delegate the Voting Delegate and potential Alternate to the League of California Cities Annual Conference.
Mayor Gee stated she can tentatively attend. She asked and there was consensus that she and the Vice Mayor be appointed as the Voting Delegate and Alternate.
Mayor Gee opened the Public Forum, and there were no speakers.
MOTION by Councilmember Iverson, and seconded by Councilmember Miller, to designate the Mayor as the Voting Delegate and Vice Mayor as the Alternate at the League of California Cities Annual Conference. Said motion carried by unanimous (5- 0) roll call vote.
I. COUNCILMEMBER REPORTS
Councilmember Iverson and Mayor Gee indicated their absence at the next Council meeting.
Councilmember Miller announced the wonderful article in the Orinda News regarding the City’s two new directors.
Councilmember Riley reported on her attendance at the ribbon-cutting ceremony for White Pony Express, stating it was a great turnout, a nice celebration with great refreshments and speeches.
Mayor Gee reported on the 2x2 Subcommittee meeting with MOFD, stating there was a presentation by Susan Anderson-Berger who worked with Micki Cronin and James Duff to create the Fire Savvy Landscape Plan, copies of which are available in the library as well as resource books, on the website, and in print.
Mayor Gee stated the 2x2 Subcommittee also discussed Chief Winnacker’s retirement at the end of the year, received an update on the City’s compliance which needs improvement, discussed on-going issues with insurance, and she said a joint meeting will be held on October 21st to discuss potential changes to the Fire Code.
Orinda City Council Minutes Page 6 of 7 09.03.24
Mayor Gee also reported on the Infrastructure Subcommittee meeting held where City staff shared with the public Council items from July on the Harris and Associates doing the PTAP survey on private roads, as well as the status of the potential timetable for an RFP for the storm drainage scope. There was also input received regarding Ordinance 59-18 adopted in 2018 as a replacement for Ordinance 56-90. Lastly, discussion occurred regarding the Homeowner’s Guide updates. The next subcommittee meeting is scheduled for October 30th.
J. CITY MANAGER'S REPORT
City Manager Biggs said the Parks and Recreation Department has introduced and publicized on-line tennis and pickleball court reservations. He also reported that Lieutenant Tony Rossi will join the City as their new Police Chief on Monday, September 8 th. Lieutenant Rossi previously worked in Orinda from January 2023 to May 2024 assigned as the City’s Detective and Patrol Sergeant.
Mayor Gee commented that she and Councilmember Iverson interviewed candidates who were of unbelievable caliber.
City Manager Biggs commented that City Manager Smith also participated in the interviews and said they are looking forward to Police Chief Rossi joining the City.
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 -- 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 NE-GOTIATORS
(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.
Orinda City Council Minutes Page 7 of 7 09.03.24
13. ADJOURNMENT
The Regular Meeting was adjourned at approximately 8:01 p.m. to the next Regular Meeting on Tuesday, September 17, 2024, at 7:00 p.m. The Closed Session adjourned at 9:30 p.m. with no anouncements.
______________________________________
Sheri Marie Smith, City Clerk