Current Agenda

MEETING OF CONTRA COSTA MAYORS CONFERENCE

Thursday, July 7, 2022 - 6:30 P.M. BUSINESS MEETING

Held via teleconference due to Covid - 19 Requirements

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Pursuant to Executive Orders N­25­20 and N­39­20, teleconference restrictions of the Brown Act were suspended, as was the requirement to provide a physical location for members of the public to participate in the meeting. 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 was signed into law by the Governor on September 16, 2021. Members of the public will be able to participate directly through the teleconference platform noted above. Public comments may also be submitted via email to: gjpokorn@lmi.net. Email must contain in the subject line either “Mayors Conference/City Selection Committee 9/3/2020 - Public Comments ­Not on the Agenda” OR “Mayors Conference/City Selection Committee 9/3/2020 Public Comments ­Agenda Item #___. Each public comment must include the commenter’s name and city of residence, followed by the comments, as well as the organization represented, if appropriate. The Mayors Conference cannot guarantee that its network and/or the site will be uninterrupted.

MEETING OF CONTRA COSTA MAYORS CONFERENCE

Thursday, July 7, 2022

Meeting held via Zoom teleconference.

6:30 P.M. BUSINESS MEETING

Call Mayors Conference (Conference) to order & conduct roll call.

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

Action: Move to adopt resolution authorizing teleconference meetings.

2. Presentation: Clifford Chan, General Manager of the East Bay Municipal Utilities District, will tell us what the utility learned from the experience of dealing with Covid and will also give us an overview about restrictions on water use in the current drought.

3. Approval of Minutes: (attached) of the June 2, 2022 meeting.

Action: Move to approve June 2, 2022 Mayors Conference and City Selection Committee minutes.

4. Conference Appointee Reports: This item is the time when city representatives to area-wide boards, commissions, and agencies may report on activities of the agency to which they are appointed.

5. Chair Announcements:

6. Mayor Announcements:

7. State and Federal Legislative Update:

8. County Supervisor Announcements:

9. League of California Cities Update: Samantha “Sam” Caygill, East Bay Division Public Affairs Manager.

10. 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. Also, no more than one speaker from any organization should address the mayors on the same evening.

11. Adjourn Conference to August 4, 2022 virtual meeting.

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

Wednesday, July 20, 2022.

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.

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 July 7, 2022.

MINUTES OF THE

CONTRA COSTA MAYORS CONFERENCE

AND CITY SELECTION COMMITTEE MEETINGS

Thursday, June 2, 2022 – 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: Vice Chair Rob Schroder called the meeting to order at 6:30 p.m.

ROLL CALL OF CITY DELEGATES:

Antioch: Mayor Lamar Thorpe

Brentwood: Mayor Joel Bryant

Clayton: Mayor Peter Cloven

Concord: Absent

Town of Danville: Mayor Newell Arnerich

El Cerrito: Mayor Gabe Quinto

Hercules: Mayor Dion Bailey

Lafayette: Mayor Theresa Gerringer

Martinez: Mayor Rob Schroder

Moraga: Vice Mayor Renata Sos

Oakley: Mayor Randy Pope

Orinda: Mayor Dennis Fay

Pinole: Mayor Vincent Salimi

Pittsburg: Vice Mayor Shanelle Scales-Preston

Pleasant Hill: Mayor Michael Harris

Richmond: Absent

San Pablo: Mayor Rita Xavier

San Ramon: Mayor Dave Hudson

Walnut Creek: Mayor Matt Francois

Presiding: Conference Vice Chair: Rob Schroder

The above delegates comprised a quorum for the meeting.

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

Action: Motion to adopt resolution authorizing teleconference meetings passed. Voting aye were delegates from Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Orinda, Pittsburg, Pleasant Hill. San Pablo, San Ramon, and Walnut Creek. Concord, Pinole and Richmond were absent for this vote. Oakley voted nay.

2. Program: Mayra Lopez of the Tobacco Prevention Project of the County Public Health Department explained the status of tobacco and vaping ordinances and enforcement around the County and encouraged all cities to adopt strong, comprehensive ordinances with a particular focus on discouraging youth smoking and vaping.

3. Approval of Minutes of the May 5, 2022 Conference meeting:

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

4. Rob Schroeder recessed the Conference meeting and Chair Rita Xavier called the City Selection Committee to order.

5. Appointments to the Contra Costa Countywide Redevelopment Successor Agency Oversight Board (CCCRSAOB): The current terms of Mayor Rita Xavier, San Pablo, and of Council Member Laura Hoffmeister, Concord, on the CCCRSAOB expire on June 30, 2022. Two representatives need to be appointed for new 2-year terms ending June 30, 2024. Both incumbents are eligible to be reappointed to new terms. Rita Xavier submitted a self-nomination for reappointment to this position by the deadline. There were no other written nominations.

Action: Motion to apply Conference Rule and appoint Rita Xavier to a new two-year term on the CCRSAOB Board ending June 30, 2024 passed. Voting aye were delegates from Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, San Pablo, San Ramon, and Walnut Creek. Concord, Pinole, and Richmond were absent for this vote. There were no nay votes.

Second Action: Pittsburg Vice-Mayor Shanelle Scales-Preston was nominated from the floor for appointment to the second position. There were no other nominations from the floor. Motion to appoint Shanelle Scales-Preston to a two-year term on the CCRSAOB Board ending June 30, 2024 passed. Voting aye were delegates from Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, and Walnut Creek. Concord and Richmond were absent for this vote. There were no nay votes.

6. Chair Xavier Adjourned the CSC meeting.

7. Vice Chair Schroder called the Conference back to order for the balance of the agenda.

8. Appointments to the East Bay Economic Development Alliance Executive Committee (EBEDAEC): The current terms of Lisa Motoyama, El Cerrito and of Karen Stepper, Danville, on the EBEDAEC expire on June 30, 2022. Both incumbents are eligible to be reappointed to new terms and both submitted letters of nomination. There were no other nominations.

Action: Motion to apply Conference rule and appoint Lisa Motoyama and Karen Stepper to new two-year terms ending June 30, 2024 on the EBEDAEC passed. Voting aye were delegates from Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, and Walnut Creek. Concord and Richmond were absent for this vote. There were no nay votes.

9. Appointment to the Contra Costa Family Justice Alliance Board of Directors (CCFJABOD): The current term of Ken Carlson, Pleasant Hill on the CCFJABOD expire June 30, 2022. A representative needs to be appointed for a new two-year term ending June 30, 2024. Ken Carlson submitted a letter of application. There were no other nominations.

Action: Motion to apply Conference rule and appoint Ken Carlson to a new two-year term ending June 30, 2024 on the CCFJABOD passed. Voting aye were delegates from Antioch, Brentwood, Clayton, Danville, El Cerrito, Hercules, Lafayette, Martinez, Moraga, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, San Pablo, San Ramon, and Walnut Creek. Concord and Richmond were absent for this vote. There were no nay votes.

10. Conference Appointee Reports: Newell Arnerich noted that sales tax revenue continues to increase yielding a healthy CCTA budget. He also thanked Representative Mark DeSaulnier and our two federal senators for their help and support for a transportation “Mega Grant” at the Federal level. Dave Hudson alerted mayors to pending legislation. Paul Fadelli noted steps the County Elections Division is taking to ensure that the primary election proceeds smoothly and noted that there is still a need for poll workers next Tuesday.

11. Chair Announcements: None.

12. Mayor Announcements: None.

13. State and Federal Legislative Update: Ryan Thomas-Brown Speaking for Congressman Mark DeSaulnier gave a short report on the status of various pieces of legislation of interest to cities.

14. County Supervisor Announcements: None.

15. League of California Cities Update: Gabe Quinto reminded all that the bocce tournament hosted by Citi-Pac will be June 23 in Danville and urged all cities to get their teams registered.

16. Public Comments: Kimberly Lam reminded all that nominations are now open for Sustainable Contra Costa Leadership in Sustainability Awards for 2022. The awards gala will be September 22.

16. Vice Chair Schroder adjourned the Conference to July 7, 2022.

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

Wednesday, June 22, 2022.

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.

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.