Current Agenda

JOINT MEETING OF

CONTRA COSTA MAYORS CONFERENCE AND

CONTRA COSTA CITY SELECTION COMMITTEE

Thursday, January 6, 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.

JOINT MEETING OF

CONTRA COSTA MAYORS CONFERENCE &

CONTRA COSTA CITY SELECTION COMMITTEE

Thursday, January 6, 2022

Meeting held via Zoom teleconference.

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

Action: Move to adopt resolution authorizing teleconference meetings.

2. Presentation: Information regarding Rosie the Riveter WWII Home Front National Historic Park Trust presented by Letitia Moore, President of Trust and Executive Director Sarah Pritchard.

3. Recess Conference deliberations and CSC to order for items 4-7, below. Because Renee Morgan has left office as Mayor, the Executive Director will preside until a new chair is elected.

4. Election of CSC Chair for 2022: CSC bylaws provide that the chair of the CSC shall serve a term of office for the calendar year. The chair of the CSC must be the mayor of a Contra Costa city or town for the year 2022. Nominations for chair were solicited in December. There were no nominations by the filing deadline.

Action: Accept nominations from the floor and elect a mayor to serve as chair of the CSC for 2022.

5. Election of Vice-Chair of the CSC for 2022: CSC bylaws provide that the vice-chair of the CSC must be a mayor. Nominations were solicited in December and none were received by the deadline.

Action: Accept nominations from the floor and elect a mayor to serve as vice-chair of the CSC for 2022.

6. Approval of minutes: (attached) of the December 2, 2021 meeting of the CSC.

Action: Move to approve the minutes of the December 2, 2021 CSC meeting.

7. Adjourn CSC meeting.

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

9. Approval of Minutes: (attached) of the December 2, 2021 Conference meeting.

Action: Move to approve December 2, 2021 Mayors Conference minutes.

10. Election of chair of the Mayors Conference for 2022: Conference bylaws provide that the chair of the Conference shall serve a term of office for the calendar year. Nominations were solicited in December. Richmond Mayor Tom Butt was nominated for the position of chair. (Nomination attached.) There were no other nominations by the deadline.

Action: Move to apply Conference rule and elect Mayor Tom Butt chair of the Mayors Conference for 2022.

11. Election of Vice-Chair of the Mayors Conference for 2022:

Conference bylaws provide that the vice-chair of the Conference shall serve a term of office for the calendar year. Any mayor or council member may serve as vice-chair. Nominations were solicited in December. There were no nominations by the deadline.

Action: Accept nominations from the floor and elect a mayor or council member to serve as vice-chair of the Mayors Conference for 2022.

12. 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.

13. Chair Announcements:

14. Mayor Announcements:

15. State and Federal Legislative Update:

16. County Supervisor Announcements:

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

18. 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.

19. Passing of the gavel and comments from retiring and newly elected Conference Chairs:

20. Adjourn Conference to February 3, 2022 virtual meeting.

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

Wednesday, January 19, 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.

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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 January 6, 2022

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MINUTES OF THE JOINT

CONTRA COSTA MAYORS CONFERENCE

AND CITY SELECTION COMMITTEE MEETINGS

Thursday, December 2, 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 meetings. Members of the public were invited to participate via email or by joining the meetings via Zoom and were provided information on how to do this.

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

ROLL CALL OF CITY DELEGATES:

Antioch: Mayor Lamar Thorpe

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: Vice Mayor Steve Woehleke

Oakley: Mayor Sue Higgins

Orinda: Mayor Amy Worth

Pinole: Mayor Norma Martinez-Rubin

Pittsburg: Council Member Shanelle Scales-Preston

Pleasant Hill: Mayor Sue Noack

Richmond: Mayor Tom Butt

San Pablo: Vice Mayor Rita Xavier

San Ramon: Absent

Walnut Creek: Mayor Kevin Wilk

Presiding, Conference Chair: Sue Noack & City Selection Committee (CSC) Chair Renee Morgan

The above delegates comprised a quorum for both meetings.

1. Program: Representatives from the Northern California College Promise Coalition, a program providing support for first-time-in-family college attendees explained their approach and invited cities to partner in implementation.

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

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

3. CSC Chair Renee Morgan convened the 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. Chair Noack called Conference back to order to consider balance of agenda:

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

Action: Motion to approve the minutes of the November 4, 2021 Mayors Conference meeting passed. Voting aye were delegates from Brentwood, Clayton, Concord, Danville, El Cerrito, Lafayette, Martinez, Oakley, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, and Walnut Creek. Antioch and Moraga abstained. Hercules and San Ramon were absent. There were no nay votes.

8. Call for nominations for Chair and Vice-Chair of the Mayors Conference for 2022:

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 2022 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: Amy Worth noted that MTC is taking more actions to address equity in transportation in various ways. She noted that data indicates that prior to covid 30% of bridge tolls were paid in cash. Now almost all are being collected via FasTrak. MTC is also working on allocating the Build Back Better transportation money. Carlyn Obringer noted that The East Bay Economic Development Alliance recently hosted a Good, Safe Return to Work Conference and noted that a recording is available on the Alliance web site. She noted the Parks District Advisory Committee learned that there was a 30% increase in park usage during the pandemic. The Parks Foundation has also created three “virtual” parks experiences.

10. Chair Announcements: The Executive Committee did not meet this month and will in January. The mayors of Concord, Walnut Creek, Clayton, Martinez and Pleasant Hill recently sent a letter to the Contra Cost District Attorney urging that she provide strong leadership in prosecuting recent instances of group retail theft, and, indeed, of all retail theft as businesses recovering from the effects of the pandemic do not need this additional stress.

11. Mayor Announcements: Kevin Wilk noted that the recent thefts are an organized crime activity and that they can occur in any city. He encouraged cities and law

enforcement to do all they can to prevent any more such occurrences. Lamar Thorpe

noted that the voters reduced penalties for many property crimes including theft.

12. State and Federal Legislative Update: Shanelle-Scales-Preston for Congressman Mark Desaulnier talked about the “Build Back Better” legislation and other initiatives.

13. County Supervisor Announcements: None.

14. League of California Cities Update: Samantha “Sam” Caygill announced that the new Legislative Briefing Book is now on line She also announced that the League Board is developing a new set of strategic priorities around housing, infrastructure, homelessness, and disaster preparedness in the face of climate change. Finally, the East Bay Division is actively looking for outdoor venues for future Division meetings.

15. Public Comments: County Attorney Diana Becton noted that all retail theft perpetrators would be prosecuted to the fullest extent allowed by law. She is hosting meetings with police chiefs and mayors to coordinate effective response to break-ins and thefts.

16. Chair Noack Adjourned the Conference and wished all a Happy Holiday season.

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

Tuesday, Dec. 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.