Current Agenda

JOINT MEETING OF

CONTRA COSTA MAYORS CONFERENCE &

CONTRA COSTA CITY SELECTION COMMITTEE

Meeting to be held via Zoom teleconference.

Thursday, December 2, 2021

6:30 P.M. BUSINESS MEETING

Call Mayors Conference (Conference) and Contra Costa City Selection Committee (CSC) to Order & conduct Roll Call. (Note: For CSC roll call, Mayors or representatives authorized to act on behalf of mayors, such as mayors pro tempore, and vice mayors, or a council member authorized by the city council to act in lieu of a mayor are qualified to vote as members of the CSC. A quorum of the CSC shall consist of at least 50% of the mayors or the authorized elected representatives of mayors of cities in the county. Thus, a CSC quorum will be at least ten mayors or mayor representatives.)

1. Presentation: By Northern California College Promise Coalition – Program providing support for first-time-in-family college attendees.

2. Resolution authorizing teleconference meetings pursuant to Assembly Bill 361 (attached).

Action: Move to adopt resolution authorizing teleconference meetings

3. Convene CSC for items 4 & 5, below.

4. Call for nominations for Chair and Vice-Chair of the City Selection Committee (CSC) for 2022.

CSC Bylaws provide that the Chair and Vice-Chair of the CSC shall each serve a term of office for the calendar year. Nominations are solicited in December. Elections of Chair and Vice-Chair will take place at the January 6, 2022 meeting. The Chair and Vice-Chair of the CSC must each be the mayor of a Contra Costa city or town for the year 2022.

Nominations for these positions (and for other positions to follow) shall be filed by email with Executive Director, Gary Pokorny: gjpokorn@lmi.net no later than 5 p.m., Tuesday, December 21, 2021.

5. Adjourn CSC meeting to January 6, 2022.

6. Call Conference back to order to consider balance of agenda:

7. Approval of minutes: (attached) of the November 4, 2021 meeting of the Mayors Conference held via teleconference.

Action: Move to approve the minutes of the November 4, 2021 Mayors Conference meeting.

8. Call for nominations for Chair and Vice-Chair of the Mayors Conference for 2021:

Conference bylaws provide that the Chair and Vice-Chair of the Conference shall each serve a term of office for the calendar year. Nominations are solicited in December. Elections of Chair and Vice-Chair will take place at the January 6, 2022 meeting. Nominees for Chair shall be either a mayor for 2021 or the current Conference Vice-Chair at the time of election. Nominees for Vice-Chair may be either a mayor or a council member at the time of election. Nominations shall be filed in the usual manner, as noted above.

9. Conference Appointee Reports: This item is when city representatives

to area-wide boards, commissions, and agencies may report on activities of the agency to which they are appointed.

10. Chair Announcements:

11. Mayor Announcements:

12. State and Federal Legislative Update:

13. County Supervisor Announcements:

14. League of California Cities Update:

15. Public Comments: Members of the public are advised that public comments at this place should be confined to items not on the agenda and should be limited to no more than 2 minutes in length. No more than one speaker from any organization should address the mayors on the same evening.

16. Adjourn Conference to January 6, 2022 virtual meeting.

Deadline for January agenda is 5:00 p.m.

Tuesday, December 21, 2021.

Brown Act Reminder: The Contra Costa Mayors Conference/City Selection Committee has a policy of complying with the letter and spirit of open meeting laws. Generally, off-agenda items maybe taken up only if:

1. Two-thirds of Conference voting members find a need for immediate action exists and the need to take action came to the attention of the Conference after the agenda was prepared (Note: If fewer than two-thirds of Conference members are present, taking up an off-agenda item requires a unanimous vote); or

2. A majority of the Conference finds an emergency (for example: work stoppage or disaster) exists.

A majority of any city council may not, consistent with the Brown Act, discuss specific substantive issues among themselves at Conference meetings. Any such discussion is subject to the Brown Act and must occur in a City Council meeting that complies with Brown Act requirements.

Meetings for the duration of pandemic will be held via teleconference. Once it is safe to resume meeting in person, the Conference will do so.

UPCOMING MEETINGS

Meetings for the duration of pandemic restrictions are being held via teleconference. Once it is safe to resume meeting in person, the Conference will take up the meeting schedule rotation where it left off in April 2020.

MINUTES OF THE

CONTRA COSTA MAYORS CONFERENCE MEETING

Thursday, November 4, 2021 – 6:30 p.m.

Held via Zoom Teleconference due to COVID 19 requirements.

Pursuant to Assembly Bill 361 amending Government Code § 54953, teleconference restrictions of the Brown Act have been suspended, as has the requirement to provide a physical location for members of the public to participate in the meeting. Members of the public were invited to participate via email or by joining the meeting via Zoom and were provided information on how to do this.

CALL TO ORDER: Chair Sue Noack called the meeting to order.

ROLL CALL OF CITY DELEGATES:

Antioch: Absent

Brentwood: Mayor Joel Bryant

Clayton: Mayor Carl Wolfe

Concord: Mayor Timothy McGallian

Town of Danville: Mayor Renee Morgan

El Cerrito: Mayor Paul Fadelli

Hercules: Absent

Lafayette: Mayor Susan Candell

Martinez: Mayor Rob Schroder

Moraga: Mayor Mike McCluer

Oakley: Absent

Orinda: Vice Mayor Dennis Fay

Pinole: Mayor Norma Martinez-Rubin

Pittsburg: Council Member Jelani Killings

Pleasant Hill: Mayor Sue Noack

Richmond: Mayor Tom Butt

San Pablo: Vice Mayor Rita Xavier

San Ramon: Mayor Dave Hudson

Walnut Creek: Mayor Kevin Wilk

Presiding, Conference Chair: Sue Noack

The above delegates comprised a quorum for the meeting.

1. Program: The Contra Costa Racial Justice Task Force presented a report of their progress and invited cities to assist in implementation by providing certain types of police data.

2. Approval of Minutes of the October 7, 2021 Conference meeting:

Action: Motion to approve the minutes of the October 7 Mayors Conference meeting was approved. Voting aye were delegates from Brentwood, Clayton, Concord, Danville, Lafayette, Martinez, Moraga, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek. El Cerrito and Orinda abstained. Antioch, Hercules, and Oakley were absent. There were no nay votes.

3. Resolution authorizing teleconference meetings pursuant to Assembly Bill 361.

Action: Motion to adopt resolution authorizing teleconference meetings was approved. Voting aye were delegates from Brentwood, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek. Antioch, Hercules, and Oakley were absent. There were no nay votes.

4. Resolution proclaiming November 14 -20 United Against Hate week.

Action: Motion to adopt resolution declaring United Against Hate Week was approved. Voting aye were delegates from Brentwood, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Moraga, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Creek. Antioch, Hercules, and Oakley were absent. There were no nay votes.

5. Conference Appointee Reports: Dave Hudson noted that the Air Board is expecting a request to eliminate lead additives from aviation fuel. He indicated that appeals for the RHNA allocations are ongoing but success is unlikely. He feels the whole RHNA process needs to be revised. Carlyn Obringer noted that The East Bay Economic Development Alliance at the October meeting had a very interesting report from the Oakland Airport on the post covid recovery curve. She announced the East Bay Innovation Awards. She noted the Parks District Advisory Committee has developed a work plan for 2022. Planning is underway for the Roddy Ranch Park in Antioch. Karen Stepper noted that the Economic Development Alliance is sponsoring back to work seminars for businesses facing the post-covid transition. Newell Arnerich noted that the Highway 4/680- interchange is progressing smoothly. Tom Butt noted that ABAG and MTC adopted Plan Bay Area 2050 and that there is a strong emphasis on equity in the plan.

6. Chair Announcements: None.

7. Mayor Announcements: Kevin Wilk noted that Walnut Creek has banned

electronic-cigarettes and flavored “vape” pods. He noted that the County has done the same and encouraged all cities to take similar action.

8. State and Federal Legislative Update: Ryan Thomas Brown for Congressman Mark Desaulnier talked about the “Build Back Better” legislation.

9. County Supervisor Announcements: Karen Mitchoff noted that work continues on redistricting. A decision on the first allocation of Measure X monies is coming up in mid November. Candace Andersen also discussed redistricting and announced Veteran’s Day events the County is planning.

10. League of California Cities Update: Samantha “Sam” Caygill noted that the Governor agreed with the League position, by either signing or vetoing legislation, 70% of the time. She also announced a December 1 workshop on implementation of new legislation passed in the 2021 Legislative session affecting cities.

11. Public Comments: Carolina Herrera for Kaiser Permanente noted that covid vaccine for children is available.

12. Chair Noack Adjourned the Conference, in memory of Alameda County Supervisor Wilma Chan.

Deadline for next agenda is 5:00 p.m.

Wednesday, November 17, 2021.

2. A majority of the Conference finds an emergency (for example: work stoppage or disaster) exists.

UPCOMING MEETINGS

A RESOLUTION OF THE CONTRA COSTA MAYORS CONFERENCE AND CITY SELECTION COMMITTEE AUTHORIZING THE EXCUTIVE DIRECTOR TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 (STATS. 2021, CH. 165)

WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel corona virus disease 2019 (COVID-19); and

WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and

WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and

WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and

WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including:

· Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option;

· The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored;

· Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time;

· Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and

WHEREAS, the Contra Costa Mayors Conference (Conference) and City Selection Committee (CSC) has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and

WHEREAS, pursuant to Government Code § 54953(e)(B), the Conference/CSC shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote of the delegates, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The delegates must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings.

NOW, THEREFORE, BE IT RESOLVED by the voting delegates of the Conference/CSC, as follows:

SECTION 1. The Conference/CSC hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as findings of the Delegates.

SECTION 2. The Conference/CSC hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to affect the ability of members of the public, the Conference/CSC delegates, Conference/CSC staff and members of the public to meet safely in person.

SECTION 3. The State of California and the Conference/CSC continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Contra Costa, as applicable, including facial coverings when required and social distancing.

SECTION 4. The Conference/CSC Delegates hereby declare that, pursuant to the findings listed in this Resolution; the Conference/CSC Executive Director is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby.

SECTION 5. Severability: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The Conference?CSC hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

SECTION 6. Effective Date: This Resolution shall become effective immediately upon adoption.

Resolution adopted December 2, 2021