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Agenda packet, regular meeting

Orinda City Council
July 18, 2023

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Agenda packet, regular meeting
Meeting
July 18, 2023
Body
Orinda City Council
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Text extracted from the city's file for reading and search. Open the original on pub-orinda.escribemeetings.com. That file is the official record.

MEMBERS OF THE PUBLIC MAY PARTICIPATE IN THIS MEETING

IN PERSON, BY TELECONFERENCE, OR VIEW ON 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, July 18, 2023
7:00 PM - REGULAR MEETING
City Council
Agenda Page 1 07.18.23
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.

REMOTE COMMENTS: Use the Zoom “raise hand” function on your computer screen, or the *9 function on your phone to comment remotely. Public comment is generally limited to 3 minutes per speaker per agenda item. The Zoom participation option is provided to the public as a courtesy in order to facilitate participation. The City cannot, however, guarantee the adequacy of the audio/video quality or that meeting participation will be uninterrupted via Zoom. If technical difficulties arise relating to the Zoom participation option, the meeting may continue with public attendance in person only.

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
7:00 PM - REGULAR SESSION
A. CALL TO ORDER / ROLL CALL
City Council
Agenda Page 2 07.18.23
Councilmembers: Brandyn Iverson, Latika Malkani, Janet Riley Vice Mayor Darlene Gee, Mayor Inga Miller
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. Proclamation Recognizing August 1, 2023, as National Night Out in the City of Orinda
D.2. California Consulting - Grant Update
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. Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
Recommendation:

Adopt Resolution 46-23 a Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
F.2. Request Approval for Purchase of Colin Selig’s Artwork Pieces Utilizing a Combination of Private Donations and City Funds Recommendation:

Approve Resolution No. 46-23 authorizing the purchase by the City of Orinda of artwork by Colin Selig (Asymmetric Chair, Bean Love Seat, Chaise Love Seat, Low Back Bubble Bench) using a Combination of Private Donations and City Funds by Approving the Attached Budget Adjustment Form 002-24.

F.3. Adopt Resolution 45-23 to update Resolution 43-88 Recognizing the Orinda Teen Advisory Council (OTAC)
City Council
Agenda Page 3 07.18.23
Recommendation:

Staff recommends the City Council adopt Resolution 45-23 clarifying the operation of the Orinda Teen Advisory Council (OTAC), including that it is not a body subject to the Brown Act, but is, instead, a recreation program operated by the Parks and Recreation Department.

G. PUBLIC HEARING
H. POLICY MATTERS
H.1. Update Designation of Potential Voting Alternate at the League of California Cities Annual Conference
Recommendation:

Update Designation of Voting Alternate at the League of California Cities Annual Business Meeting at the September 20-22, 2023 League Annual Conference and Expo in Sacramento
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 -- 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
The next meeting of the Orinda City Council will be held on Tuesday, August 15, 2023 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 City Council
Agenda Page 4 07.18.23
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
Declaring August 1, 2023, as National Night Out
in the City of Orinda
WHEREAS, National Night Out is hosted by police departments across the nation to promote safer communities through knowing your neighbors and local police officers; and
WHEREAS, National Night Out is also an event where citizens in participating neighborhoods can gather for a block party and other activities in order to become better acquainted and to make their neighborhood safe; and WHEREAS, National Night Out is intended to strengthen neighborhood spirit and police/fire community partnerships; and
WHEREAS, the Orinda Police Department is hosting a National Night Out event at the Orinda Police Station on Tuesday, August 1, 2023, from 5–8 p.m.; and WHEREAS, this will be an opportunity to meet your community members, learn how to help fight crime and have fun; and
WHEREAS, the community is invited to join the Orinda Police Department for an evening of community building over BBQ (hot dogs and hamburgers); and WHEREAS, if you bring a backpack or school supplies to donate, you'll have the opportunity to dunk our Chief of Police in the dunk tank. All supplies will be donated to the Family Justice Center in Concord; and
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Orinda does hereby proclaim Tuesday, August 1st, as
National Night Out in the City of Orinda
Inga Miller, Mayor
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Communication: Proclamation Recognizing August 1, 2023, as National Night Out in the City of Orinda (ITEMS FOR THE GOOD OF THE CITY) City Council
Staff Report
Agenda Item: F.1
Date: July 18, 2023
Department: Administration
AGENDA TITLE: Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
RECOMMENDATION:

Adopt Resolution 46-23 a Resolution to Support Local, State, and Federal Efforts to Exonerate the Port Chicago
BACKGROUND: At the Contra Costa Mayors Conference meeting on July 6, 2023, a call to action was presented asking the cities in Contra Costa to join in an effort to have the Port Chicago 50 exonerated. This effort is an undertaking of the Contra Costa Bar Association and other organizations including the East Bay Regional Parks District which will operate the regional park at the former Concord Naval Weapons Station which has been named “Thurgood Marshall Regional Park – Home of the Port Chicago

50.”
The intent of the exoneration request was to remove the unjust conviction of the Port Chicago 50 for mutiny for their refusal to return to the dangerous work of loading ammunition on vessels after the massive explosion on July 17, 1944, that killed 320 sailors, 202 of whom were African American. Those supporting the exoneration request believe that the proper remedy is the exoneration of the Port Chicago 50, a long overdue correction of history that will strengthen the rule of law in this nation.

Additional information is set forth in the attached Resolution. This item is being presented to allow the Orinda City Council to join others in advocating for the exoneration of the Port Chicago 50.

NEXT STEPS: If adopted, the Resolution will be shared with the agencies and organizations engaged in the matter and with the City’s Federal and State representatives.

FISCAL IMPACT: None as a result of this action.

ATTACHMENTS:

A. Resolution 46-23 Supporting the Port Chicago 50
Respectfully Submitted by:

David Biggs
City Manager
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Prepared By: Sheri Smith, City Clerk
Approved by:

F.1
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BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

RESOLUTION to Support Local, State, and
Federal Efforts to Exonerate the Port Chicago 50
)
)
RESOLUTION NO. 46-23
WHEREAS, on July 17, 1944, the deadliest home front disaster of World War II took place when a tragic explosion occurred at the Port Chicago Naval Magazine killing 320 men (of whom 202 were African American) and wounding 390 (of whom 233 were African American); and
WHEREAS, Port Chicago Naval Magazine was racially segregated and all sailors loading munitions at the time of the explosion were African American; and WHEREAS, the surviving sailors were entitled to standard survivors’ leave but were denied leave and ordered to clean up after the disaster; and WHEREAS, the surviving sailors were ordered back to handling high explosives before an investigation could determine the cause of the deadly explosion; and WHEREAS, 258 ammunition handlers engaged in peaceful work stoppage rather than return under the same unsafe working conditions; and
WHEREAS, fifty of these men were unlawfully charged with mutiny, prosecuted as guilty and sentenced to prison; and
WHEREAS, three weeks after the work stoppage, a Naval Court of Inquiry report confirmed working conditions and practices enforced by Port Chicago leadership were in violation of Naval safety regulations and federal safety code; and WHEREAS, the actions of the sailors, the public mutiny trial, and public advocacy from their champion Thurgood Marshall, initiated the desegregation of the Navy in February 1946; and
WHEREAS, there have been several attempts over the years to appeal the decision, but all have failed; and
WHEREAS, starting in the 1990s, Congressman George Miller worked to preserve the history of the Port Chicago 50 and worked towards their exoneration, and in 1992, his legislation designated the site of the Port Chicago Naval Magazine as a national memorial, which is managed by the National Park Service; and F.1.a
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Attachment: Resolution 46-23 Supporting the Port Chicago 50 (3172 : Resolution to Support Local, State, and Federal Efforts to Exonerate the WHEREAS, in 2009, President Obama signed legislation to incorporate Port Chicago Naval Magazine National Memorial as a full and permanent unit of our National Park System; and
WHEREAS, the East Bay Regional Park District received part of the Concord Naval Weapons Station through a Public Benefit Conveyance on July 19, 2019, and has named the park the Thurgood Marshall Regional Park – Home of the Port Chicago 50, which honors the courage and legacy of the Port Chicago 50 and all those who sacrificed their lives in our nation’s ongoing struggle for social justice, racial equality, and workers’ rights; and
WHEREAS, Naval historians now recognize the actions of the Port Chicago 50 potentially saved lives and changed the Navy for the better; and WHEREAS, in 2022, the City of Concord, the City of Albany, the Contra Costa County Board of Supervisors passed resolutions supporting local, state, and federal efforts to exonerate the sailors wrongfully convicted of mutiny following the Port Chicago disaster of 1944.

WHEREAS, in 2022, the State of California successfully passed SJR-15 urging the President of the United States and Congress to restore honor to the sailors unjustly blamed for, and the sailors convicted of mutiny following the Port Chicago disaster, and to rectify any mistreatment by the military of those sailors, including the full exoneration of those who were convicted at court-martial; and
WHEREAS, in 2023, US Representative Mark DeSaulnier (CA-11), US Representative Barbara Lee (CA-12), and US Representative John Garamendi (CA-08) introduced a resolution recognizing the victims of the Port Chicago disaster and calling for the exoneration of the Port Chicago 50; and
WHEREAS, in June 2023, the Philadelphia 15 were exonerated by Assistant Secretary of the Navy Franklin Parker. This case serves as an example and pathway to exonerate the Port Chicago 50.

NOW, THEREFORE, THE CITY OF ORINDA DOES RESOLVE AS FOLLOWS:

Section 1. THE CITY OF ORINDA does hereby support these and all efforts to exonerate the Port Chicago 50 and recognize their service to our country.

Section 2. THE CITY OF ORINDA recognizes the efforts that this case presents in our nation’s struggle for social justice, racial equity, and workers’ rights.

Section 3. THE CITY OF ORINDA affirms support for all future efforts which urge the President, Congress of the United States, and Secretary of the Navy to take all necessary actions to restore honor to, and rectify the mistreatment by the United States F.1.a
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Attachment: Resolution 46-23 Supporting the Port Chicago 50 (3172 : Resolution to Support Local, State, and Federal Efforts to Exonerate the Military of, any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster, which occurred in the town of Port Chicago, California, in 1944.

Section 4. This resolution shall become effective immediately upon its passage and adoption.

Adopted by the City Council of the City of Orinda at a regular meeting on July 18, 2023, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Inga Miller, Vice Mayor
ATTEST:

Sheri Smith, City Clerk
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Attachment: Resolution 46-23 Supporting the Port Chicago 50 (3172 : Resolution to Support Local, State, and Federal Efforts to Exonerate the City Council
Staff Report
Agenda Item: F.2
Date: July 18, 2023
Department: Parks and Recreation
AGENDA TITLE: Request Approval for Purchase of Colin Selig’s Artwork Pieces Utilizing a Combination of Private Donations and City Funds RECOMMENDATION:

Approve Resolution No. 46-23 authorizing the purchase by the City of Orinda of artwork by Colin Selig (Asymmetric Chair, Bean Love Seat, Chaise Love Seat, Low Back Bubble Bench) using a Combination of Private Donations and City Funds by Approving the Attached Budget Adjustment Form 002-24.

BACKGROUND: The City Council appointed members to a subcommittee to explore options for an Art in Public Places Program. At the July 17, 2007 meeting, the City Council adopted an Art in Public Places Policy (“APP Policy) and established an Art in Public Places Committee (“APPC”). At the October 1, 2013 meeting the City Council amended the APP Policy to expand sites for placement of loaned and purchased art.

And, in August of 2018, the City Council adopted a revised APPC Policy in which, amongst the changes, the City Manager would have approval authority for the loan of an art piece, but approval for purchases would remain with the City Council (Attachment A).

Bay Area artist Colin Selig began his connection with ArtSpace Orinda in 2015 when seven of his pieces were approved for loan and installed in the fall of that year. Three of those pieces (Nouveau Victorian Chair and Chaise Cylindrical Love Seat, displayed within the public right of way at the Crossroads adjacent to Bank of the West and Lips Love Seat, displayed in front of the Orinda Community Center) were approved for purchase at the February 21, 2017, City Council meeting, utilizing a combination of private donations and City funds.

DISCUSSION: Each of Colin Selig’s pieces are both artistic and functional. The functional attributes of Colin’s pieces are unique, using upcycled propane tanks coupled with bright splashes of color. They can be moved very easily, which allows members of the APPC to relocate the chairs and benches, should new art become available. This flexibility is key to keeping the collection fresh and interesting while providing functional seating in appropriate locations so it can be enjoyed.

While the APPC maintains their commitment to rotating the majority of loaned artwork, the Committee recognizes the long-term value of these pieces. The most recent Artwork Loan Agreements with Colin Selig are up for renewal and, at their meeting on June 12, 2023, the APPC members determined they would like to acquire the following four benches and voted unanimously to purchase them:

F.2
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Asymmetric Chair and Low Back Bubble Bench – located in front of the Orinda Community Center.

Bean Love Seat - located adjacent to Wilder Park Ranch House Chaise Love Seat – located in Theatre Square
Asymmetric
Chair
Low Back
Bubble
Bench
Bean Love Seat
F.2
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Chaise
Love Seat
The APPC considered the terms of the artwork Policy as used for loan, lease or donations purposes and used this criterion for consideration of reviewing the artwork for purchase and, as mentioned, the APPC unanimously recommended purchase.

The APPC has followed the terms of the policy by:
❑ Reviewing the artworks and recommending the Council approve their acceptance for purchase, subject to execution of a purchase agreement approved by the City Manager and City Attorney.
❑ APPC followed the site selection acceptance criteria and determined that:

A. The artwork:

1. is thought-provoking, memorable or enduring and shall reflect the diverse social, cultural, or historic values of the City;

2. is appropriate in terms of scale, form, content, and the environment;

3. is durable relative to theft, vandalism and the environment;

4. acknowledges and is sensitive to the importance of the contributions by local and regional artists to the City of Orinda’s art program;

5. is not religious iconography intended to be perceived as government endorsement of religion in violation of the Establishment Clause of the Federal and State Constitutions;

6. would not, when displayed, create a hostile work environment for public employees; and

7. does not depict graphic violence or overt sexual activity.

B. The City does not already have sufficient examples or better examples of this type of object or the objects by a particular artist in a particular style.

C. The City has the facilities and resources necessary to accept the object, knowing that the City has limited facilities and resources.

D. The person wishing to sell the artwork to the City is prepared to execute a contract or other document which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City.

E. The artist who created the artwork that will be sold to the City is prepared to execute a waiver of their rights under California Art Preservation Act F.2
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(Civil Code 987 and 989), the Visual Artist Rights Act (17 U.S.C. 106A, 113), and other applicable state and federal laws.

F. The artwork is appropriate to be displayed in the community, as set forth above, particularly because such artwork will be viewed by children and City employees.

When recommending sites for works of art in a permanent collection, the APPC considered the following criteria were satisfactorily met:

A the artwork can be properly installed, placed to be seen, and displayed with patron safety in mind;
B the artwork displays compatibility of design and location within unified design character or historical character of site, preservation and integration of natural features;
C the site design including landscaping, drainage, grading, lighting and seating considerations are acceptable;
D the artwork has no adverse environmental impacts such as noise, sound and light;
E the artwork has public accessibility, particularly handicapped areas; F the artwork has no adverse impact on adjacent property owner’s views; and
G the artwork has no adverse impact on operational functions of the City.

The APPC is asking the City to participate towards the purchase of the four pieces by providing $4,000 from Park Dedication Funds. The additional funding, $8,000, will be contributed by private donations from the Art in Public Places Fund held by the Orinda Parks and Recreation Foundation. Each piece is valued between $6,200 and $9,300.

NEXT STEPS: The City’s acceptance of the pieces is contingent on the execution of agreements that are acceptable to the City Attorney and City Manager. The Art Purchase Agreements would transfer legal ownership of the art pieces to the City, commits the City to continuing to credit the artist when displaying the artwork and is intended to ensure that the City can reproduce and publicly display/remove the pieces without restriction from the artists.

In addition, the APPC intends to use private donations to have some of the benches and chairs cleaned and re-painted in the near future.

FISCAL IMPACT: If the City Council chooses to participate in the purchase, the fiscal impact would be $4,000, and the remaining funds will be matched with donations secured by the APPC and community organizations. The City would be responsible for maintenance of the artwork and to date the pieces have required no maintenance, but, as mentioned, some modest work is planned using private donations. The City’s portion of the funding for the purchase would come from Park Dedication Funds and this purchase was not included in the biennial budget which was adopted on June 20, 2023.

The Budget Adjustment form is Attachment C.

ATTACHMENTS:

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A. APPCPolicyandApplication
B. Resolution 46-23 Purchase of Art - Colin Selig
C. Budget Adjustment Form 002-24
Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:

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1 City of Orinda - Art in Public Places Committee and Policy

I PURPOSE
Since public art is a cultural reflection of a community and its people, it is important that procedures be in place for the acquisition and acceptance of art by the City of Orinda to further the education and appreciation of art. The purpose of this Art in Public Places Committee is to advise the City on its Public Art Program, including advice regarding:

A. selection and acceptance of loaned artwork;
B. art placement or site selection;
C. possible funding for program costs.

D. possible sale of art currently owned by the City
E. possible acquisition of art to be owned by the City
The Art in Public Places Committee will annually present a report in February to the City Council regarding the status of the Public Art Program and the goals and objectives for the calendar year.

This policy shall apply to artwork that is loaned to the City for display for an extended period of time as well as art owned by the City and displayed outdoors. Artwork displayed in the Art Gallery of the Orinda Library for short periods of time (less than 2 months) pursuant to the City’s arrangements with the Lamorinda Arts Council is not covered by this policy. Artwork that is owned by the City and displayed indoors is not covered by this policy.

II DEFINITIONS
Art as described in this policy is art intended to enrich the public environment for both residents and visitors.

Art shall include, but not be limited to, sculptures, murals, paintings, graphic arts, mosaics, photography, crafts, mixed media, and environmental works.

III COMMITTEE
The Art in Public Places Committee (“Committee” or “APPC”) is appointed by the City Council, consistent with Resolutions 41-07 and 15-10.

IV SELECTION / ACCEPTANCE PROCESS
When making a recommendation regarding works of art for possible loan to the City or possible City ownership/sale, the APPC shall consider whether:

A. the artwork:

1. is thought-provoking, memorable or enduring and reflects the diverse social, cultural, or historic values of the City

2. is appropriate in terms of scale, form, content, compatibility with immediate surroundings and reasonably protected from theft and vandalism and

3. is sensitive to the importance of the contributions by local and regional artists to the City of Orinda’s Public Art Program

4. is not religious iconography intended to be perceived as government endorsement of religion in violation of the Establishment Clause of the Federal and State Constitutions

5. would not, when displayed, create a hostile work environment for public employees

6. does not depict graphic violence or overt sexual activity F.2.a
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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 2 B. the City already has on loan or owns sufficient examples or better examples of this type of object or the objects by a particular artist in a particular style; C. the City has the facilities and resources necessary to accept the object, knowing that the City has limited facilities and resources;
D. the person wishing to loan, purchase, donate or sell the artwork is prepared to execute a contract or other document which, in the estimation of the City Attorney and City Manager, protects and serves the fiscal and other interests of the City,
E. the artist who created the artwork that will be to loaned, sold or donated to the City is prepared to execute a waiver of their rights under California Art Preservation Act (Civil Code 987 and 989), the Visual Artist Rights Act (17 U.S.C. 106A, 113), and other applicable state and federal laws.

F. the person wishing to loan art to the City is willing to agree in writing that the City’s maximum liability for any claim related to the art (including for loss or damage) will be limited to $5,000.

The City’s intention with this policy is to create a limited public forum for the display of artwork that meets the City’s standards for artwork that is appropriate to be displayed in the community, as set forth above, particularly because such artwork will be viewed by children and City employees.

V SITE SELECTION
Artwork loaned to or owned by the City pursuant to this policy may be displayed in the following locations:

A. City-controlled areas of the Orinda Community Center and Library.

B. City Hall (lower and upper mezzanine, interior lobbies, and landscape circle in lower parking lot).

C. City-controlled parks including, but not limited to, Orinda Wilder Park, Orinda Oaks Park, Orinda Crossroads Park, and Pine Grove Park.

D. City-controlled areas located within the Downtown as designated in the Orinda General Plan. Such City-controlled areas shall not, however, be eligible for art display if the Director of Public Works and Engineering Services determines that such display would interfere with use by pedestrians and/or vehicles, would create a safety hazard, or would otherwise be inappropriate.

When recommending sites for display of works of art, the APPC shall consider:

A. whether the artwork can be properly installed, placed to be seen, and displayed with patron safety in mind;
B. compatibility of design and location within unified design character or historical character of site, preservation and integration of natural features;
C. site design including landscaping, drainage, grading, lighting and seating considerations; D. environmental impacts such as noise, sound and light; E. public accessibility to the artwork, particularly handicapped areas; F. impact on adjacent property owner’s views; and
G. impact on operational functions of the City.

VI CITY MANAGER AUTHORITY & APPC RECOMMENDATION TO CITY MANAGER The City Manager may take all actions appropriate to administer the Public Art Program consistent with this policy. The City Manager has the authority to approve and execute agreements:

A. accepting the loan of art as recommended by the APPC B. extending the loan term for art as recommended by the APPC C. selling City-owned art as recommended by the APPC
D. acquiring City-owned art as recommended by the APPC and approved by the City Council E. determining where art should be displayed as recommended by the APPC F.2.a
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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 3 If the City Manager determines (including after receiving advice from the APPC) that it would be appropriate to obtain City Council input on any proposed action under this policy (e.g., loan, extension, sale, purchase), he or she should place an item on an upcoming Council agenda for discussion.

Applications to loan artwork to the City will be made to the Park and Recreation office and will be routed to the APPC. The documentation of the proposed public art will be available for review through the City Clerk’s office.

The APPC will consider the application and then make a recommendation to the City Manager for action.

The City Manager (or his/her designee) will notify applicants of the City decision. The notification, if the application is approved, will include a description of the location where the art will be placed. That location may be change at the discretion of the City Manager with input from the APPC.

The offer to loan artwork may be withdrawn at any time up until execution of an agreement between the City and the artist/donor.

VII MAINTENANCE AND INSURANCE OF ART IN PUBLIC PLACES:

Upon receipt of a loaned work of art pursuant to this policy, the City may, at its sole discretion, insure the art pieces through coverage obtained through the Municipal Pool Authority.

There will be a limit of $5,000 per claim. In the case of a catastrophic event, there will be a limit of $5,000 for all claims. The Orinda Park and Recreation Foundation will fund claims, up to a total of $5,000 annually.

Maintenance of loaned art shall be the responsibility of the person loaning the art to the City. Prior to undertaking any such maintenance on City property, the person loaning the art to the City shall obtain the approval of the City.

Any maintenance and/or insurance of City-owned artwork will be at the City’s sole discretion. City Staff may consider the condition of City-owned artwork each year in time for budget preparation and make recommendations to the Council regarding the estimated cost of appropriate maintenance activities and/or insurance.

VIII REMOVING (DEACCESSIONING) ARTWORK
Loaned art shall be removed at the end of the prescribed term, unless the City Manager or his or her designee determines, after considering the APPC’s recommendation, that early removal is appropriate under the criteria described below.

Any loaned artwork may be removed from public display if:

A. the artwork’s physical or structural condition poses a threat to public safety; B. the artwork requires excessive maintenance, has faulty design or workmanship, and repair or remedy is impractical or unfeasible;
C. the artwork has been damaged and repair or remedy is impractical or unfeasible; D. the condition or security of the artwork cannot be reasonably protected; significant changes in the use, character or design of the site have occurred and affect the integrity of the artwork; E. the artwork violates the selection criteria in section IV of this policy; or G. removal is requested by the artist or donor.

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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 4 Removal of loaned art should be a seldom-employed action that operates with a strong presumption against removing works from public display. Where removal of the artwork may cause damage to it, the City should consider sections 987 and 989 of the Civil Code.

Any City-owned artwork may be removed from public display by the City Manager at his/her discretion after considering the APPC’s recommendation.

IX PROGRAM MAINTENANCE/LIMITS ON LOANED AND CITY-OWNED ARTWORK In order to minimize the staff time necessary to support the program, control the City's potential liability, and ensure that the City has the resources necessary to properly carry out this policy, the Council has determined that it is appropriate to place caps on the maximum number and value of art in the program. Recommended caps of art value and number of pieces are subject to review and change annually at the time of the yearly report. Current caps are set forth in the annual report.

The number of artworks displayed shall be determined in part by the number of appropriate locations as identified by the APPC and approved by the City. In considering the number of artworks the APPC should consider recommending a balance between city-owned art and loaned art.

The decision to recommend the acquisition of an artwork should be based on several factors including the interest expressed by the community for any particular piece of art after observing it over a period of time as loaned art, responding to an offer for a commissioned artwork or a dedication of an artwork by the artist or a third party and that the artwork would not constitute a risk to patrons or require any significant maintenance.

The total value of the artwork under loan or ownership may be subject to limitation for insurance liability claims and shall be reviewed on an annual basis upon submittal of an annual report.

Loaned artwork should be promptly removed from display at the end of the loan term and any extension(s).

Artwork loans should be for an initial term of no more than two years. The loan period may be extended by up to two additional one-year terms. Any such extensions shall be approved in writing by the City Manager (or his/her designee) after consideration of the recommendation of the APPC and Artist/Donor. Any extensions beyond the two additional one-year terms will be addressed and considered at the time of the annual report to the City Council.

The APPC should make recommendations to the City Manager regarding any proposed sale of owned art.

Any revenue realized from selling such art would go to support City’s art program.

In implementing the policy, the APPC and City staff should prioritize and prefer art loans over the acquisition of owned art. The Council has established this prioritization and preference because loaned art is displayed for a relatively short time and then removed, making room for new art.

X FUNDING AND SUPPORT FOR ART IN PUBLIC PLACES
City staff time related to the Public Art Program should be limited to .25 FTE (full-time employee), with a small amount of City Attorney assistance. In order to accomplish this, the City Staff and City Attorney have developed uniformly applicable documents (e.g., application forms, agreements, extensions). To further ensure efficiency, the APPC and City Manager should limit non-uniform and nonconforming requests, which tend to increase staff and attorney time (e.g., short-term extensions, last minute loan requests, having a variety of termination dates, negotiations regarding departures from the City’s standard agreement, displaying items in County-controlled portion of the Library, artwork remaining after expiration of the set loan term, etc.).

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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 5 A well designed and maintained web presence describing the ArtSpace Orinda Program is a vital tool to attract artists and communicate with residents and visitors and will be maintained by the City. The APPC will provide guidance for content and recommend reimbursement of expenses incurred from the account with OPRF.

The City has entered into a funding agreement with the Orinda Parks and Recreation Foundation to provide certain funding for the program as follows: supplements to the artist (when necessary) for installation, maintenance and removal expense, signage to identify the art, ArtSpace website expense, and events to publicize the Program and recognize the artists and up to $5,000 annually for insurance claim deductible payments.

XI PUBLIC ART PROPOSAL
Any person wishing to loan artwork to the City of Orinda must complete the attached Public Art Application.

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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 6 City of Orinda
Public Art Application
(Please complete this application as fully as possible) Date:____________________ Project Name _________________________________________________________________________ Year created: ___
Proposed Location/Address ______________________________________________________________ ______________________________________________________________________________ Proposed by__________________________________________________________________________ Phone __________________________ Email _______________________________________

Address__________________________________ City__________________ Zip__________

Reason for application
( ) Showcase my art
( ) Support ArtSpace Orinda
( ) Other ______________________________________________________ Artist Name __________________________________________________________________________ Phone __________________________ Email _______________________________________

Address__________________________________ City__________________ Zip__________

Description of Artwork (Include material, finish, and color) _______________________________________________________________________________ _______________________________________________________________________________

Approximate Weight ______________ Approximate Dimensions ___________________________ System for Mounting or Displaying Artwork
_______________________________________________________________________________ _______________________________________________________________________________

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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces) 7 Maintenance, Mounting or Display Requirements
_______________________________________________________________________________ _______________________________________________________________________________ Value: $___________ Approximate Annual Maintenance Costs: $___________ Basis for value:
( ) Published in gallery catalog or other media e.g. price list, website ( ) Comparable to similar works sold
( ) Other _________________________________________________________ Term of Loan _____ years/months
Please attach
• Photo, plans, model or other representation of proposed artwork • Artist biography
• Artist’s information for artwork signage
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Attachment: APPCPolicyandApplication (3169 : Purchase of Colin Selig’s Artwork Pieces)

BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
IN THE MATTER OF: Resolution No. 46-23
Authorizing the purchase of artworks by Colin Selig
WHEREAS, in July 2007, the Council adopted Resolution No. 41-07 approving Art in Public Place Policy; and
WHEREAS, since 2015 the following pieces by Colin Selig have been on exhibit in Orinda;
Asymmetric Chair and Low Back Bubble Bench, located in front of the Orinda Community Center;
Bean Love Seat, located adjacent to Wilder Park Ranch House; and Chaise Love Seat, located in Theatre Square; and
WHEREAS, the Art in Public Place Committee (APPC) has recommended purchasing these artworks which have been adored by the Orinda community; and WHEREAS, the Artist has offered to sell the Artworks permanently to the City at significant discounts to their original values; and
WHEREAS, the City Council finds the acceptance of the Artworks by the City will benefit the public welfare and quality of life in the City; and WHEREAS, the City Council finds the acceptance of the Artworks will be consistent with the City’s fiscal and other interests, provided the Artist executes a Public Artwork Purchase Agreement acceptable to the City Manager and City Attorney; NOW, THEREFORE, BE IT RESOLVED, the City of Orinda hereby authorizes the purchase of the Artworks, contingent upon the Artist’s execution of a Public Art Purchase Agreement acceptable to the City Manager and City Attorney.

Adopted by the City Council of the City of Orinda at a regular meeting on July 18, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Inga Miller, Mayor
ATTEST:

Sheri M. Smith, City Clerk
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Attachment: Resolution 46-23 Purchase of Art - Colin Selig (3169 : Purchase of Colin Selig’s Artwork Pieces)

CITY OF ORINDA
BUDGET CHANGE FORM FISCAL YEAR 2023/2024
Funds Appropriated Yr 1 of Biennial Budget
CHANGE FORM # 002-24
New Appropriations (City CouncilApproval Required): Budget Transfers:

X From Un-Appropriated Reserves From Budgeted Contingent Reserve (Approval Req’d) __ _ Reduction To Adopted Budget

GENERAL FUND
New Revenue ONLY
Between Departments (City Council Approval Req’d)
Other:

BUDGET ACCOUNT
(Revenue / Expense)

INCREASE
AMOUNT

DECREASE
AMOUNT
INCREASE OF BUDGETED EXPENSE IN FY 2023-24:
240-40-0-7550

PARK DEDICATION FEES FUND / PARKS & RECREATION / NO

PROGRAM / MISCELLANEOUS
$4,000
As Presented at the City Council Meeting on: July 18, 2023 #################(Finance Use Only)###################
NOTE: FY 2023 Not In System – NEED TO INCORPORATE WITH MID-CYCLE ADJ Posted By: Date:

REASON FOR BUDGET CHANGE ENTRY: At the July 18, 2023 Council Meeting staff recommended Council Approve Contributing $4,000 for the purchase of several Pieces of Art which was not contemplated in the Biennial Budget which was adopted on June 20, 2023.

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Attachment: Budget Adjustment Form 002-24 (3169 : Purchase of Colin Selig’s Artwork Pieces) City Council
Staff Report
Agenda Item: F.3
Date: July 18, 2023
Department: Parks and Recreation
AGENDA TITLE: Adopt Resolution 45-23 to update Resolution 43-88 Recognizing the Orinda Teen Advisory Council (OTAC)
RECOMMENDATION:

Staff recommends the City Council adopt Resolution 45-23 clarifying the operation of the Orinda Teen Advisory Council (OTAC), including that it is not a body subject to the Brown Act, but is, instead, a recreation program operated by the Parks and Recreation Department.

BACKGROUND: There was an identified need for a Council on Youth and Teen Services in the City of Orinda and, therefore, the Orinda Teen Advisory Council was established in the late 1980’s. The Parks and Recreation Department has, for many years, operated the Orinda Teen Advisory Council (OTAC) as one of its recreation programs. The OTAC program gives youth and teens ages 10-19 an opportunity to positively impact their community through hosting and participating in community service-related events and provides a fantastic opportunity for members to strengthen their resume and build networking connections with their peers while connecting with the roots of their community. Recent events and activities undertaken by OTAC include sponsoring a community-wide coat drive, coordinating a blood drive with the American Red Cross, participating in the annual Orinda Action Day of Service, and holding multiple “Kids Night Out” events during the last Fall, Winter, and Spring season.

DISCUSSION: The OTAC program allows members to learn important facets of a council, such as teamwork, cooperation, coordination, logistics, and communication, which they can use as building blocks for success as they move forward in their academic careers and eventual professional endeavors. Some of the opportunities provided by the OTAC program include:

Organize events for the community
Gain leadership experience
Participate in a model government
Build a resume and provide networking opportunities
Earn service hours
Have Fun
To ensure consistency between OTAC’s governing documents and current practice, staff is recommending the Council adopt a resolution updating the City’s records to make clear the OTAC bylaws are no longer operative and clarifying that the Orinda Teen Advisory Council (OTAC) is not a body subject to the Brown Act (California’s Open Meeting Law) and other state laws governing Council-appointed advisory bodies, but is, instead, a recreation program operated by the Parks and Recreation Department.

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The proposed resolution will update the City Council’s prior resolution recognizing the Orinda Teen Advisory Council (Resolution No. 43-88) and clarify that the OTAC bylaws (adopted October 2, 1987, and amended May 3, 1988 and October 3, 1988) have been and will remain inoperative.

NEXT STEPS: Following the City Council’s action, staff will update the City’s website with the teen council policies and procedures while reiterating OTAC is a recreation program operated by Parks and Recreation and serves as an advisory body to department staff. Staff are finalizing efforts to make OTAC’s governing documents match up with current practice and plan to continue working with OTAC to make annual reports to the City Council regarding their activities, and, likewise, the appointed Council liaison to OTAC will continue in that role.

FISCAL IMPACT: None
ATTACHMENTS:

A. Resolution 43-88 Recognition of the Orinda Teen Advisory Council B. Resolution 45-23 Orinda Teen Advisory Council
Respectfully Submitted by:

Todd Trimble
Director of Parks and Recreation
Prepared By: Todd Trimble, Director of Parks and Recreation Approved by:

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Attachment: Resolution 43-88 Recognition of the Orinda Teen Advisory Council (3170 : Adopt Resolution 45-23 to update Resolution 43-88 F.3.a
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Attachment: Resolution 43-88 Recognition of the Orinda Teen Advisory Council (3170 : Adopt Resolution 45-23 to update Resolution 43-88 1 BEFORE THE CITY COUNCIL OF THE CITY OF ORINDA
In the Matter of:

Recognition of the )
Orinda Teen ) RESOLUTION NO. 45-23
Advisory Council )
WHEREAS, there is an identified need for a Council on Youth and Teen Services in the City of Orinda.

WHEREAS, the Parks and Recreation Department has for many years operated the Orinda Teen Advisory Council (OTAC) as one of its recreation programs.

WHEREAS, the OTAC program gives youth and teens ages 10-19 an opportunity to positively impact their community through hosting and participating in community service-related events.

WHEREAS, the OTAC program provides a fantastic opportunity for members to strengthen their resume and build networking connections with their peers while connecting with the roots of their community.

WHEREAS, the OTAC program allows members to learn important facets of a council, such as teamwork, cooperation, coordination, logistics, and communication, which they can use as building blocks for success as they move forward in their academic careers and eventual professional endeavors.

WHEREAS, the OTAC program provides the perfect opportunity to:

Organize events for the community
Gain leadership experience
Participate in a model government
Build a resume and provide networking opportunities
Earn service hours
Have Fun.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF ORINDA officially recognizes the Orinda Teen Advisory Council with membership open to teens in the Orinda area, interested in or knowledgeable of the problems and interests of the youth and willing to give time and effort to serve the needs of Orinda's youth. The City Council’s prior resolution recognizing the Orinda Teen Advisory Council (Resolution No. 43-88) is hereby updated.

BE IT FURTHER RECOGNIZED, that the Parks and Recreation Department operates the Orinda Teen Advisory Council with responsibilities that include:
a) Establish regular communication and consultation among Orinda's youth F.3.b
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Attachment: Resolution 45-23 Orinda Teen Advisory Council (3170 : Adopt Resolution 45-23 to update Resolution 43-88 Recognizing the Orinda 2 and teens.
b) Document the needs and wants of youth and teens and document the services available from other agencies.
c) Develop comprehensive plans for programs for Orinda's youth, teens, and families.
d) Review and evaluate existing and proposed programs within this scope of responsibility, and make recommendations to the Director of Parks & Recreation on appropriate city action.
e) Establish liaison with other interested and concerned groups. f) Staff will establish policies and procedures for the operation of OTAC going forward and will share such them via the City’s website and other publications as appropriate. The OTAC bylaws (adopted October 2, 1987 and amended May 3, 1988 and October 3, 1988) have been and will remain inoperative.

NOW, THEREFORE, BE IT RESOLVED, the City of Orinda hereby certifies that the above and foregoing Resolution was duly passed and adopted by the City Council of the City of Orinda at a regular meeting thereof held on on July 18, 2023 by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:
_________________________
Inga Miller, Mayor
ATTEST:
________________________
Sheri M. Smith, City Clerk
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Attachment: Resolution 45-23 Orinda Teen Advisory Council (3170 : Adopt Resolution 45-23 to update Resolution 43-88 Recognizing the Orinda City Council
Staff Report
Agenda Item: H.1
Date: July 18, 2023
Department: City Clerk
AGENDA TITLE: Update Designation of Potential Voting Alternate at the League of California Cities Annual Conference
RECOMMENDATION:

Update Designation of Voting Alternate at the League of California Cities Annual Business Meeting at the September 20-22, 2023 League Annual Conference and Expo in Sacramento
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 2023 Annual Conference is scheduled for September 20-22, 2023. 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. (Update: At the City Council Meeting of July 11, 2023, Councilmembers selected a Delegate and Alternate. Subsequently, schedules changed and this item is on the agenda for this meeting to see if any other Councilmember can attend as the Alternate.) ATTACHMENTS:

A. 2023 Voting Delegate Packet
Respectfully Submitted by:

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

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023, Sacramento SAFE Credit Union 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 Sept. 22, 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.

Please complete the attached voting delegate form and email it to Cal Cities office no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide preconference communications with voting delegates.

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

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. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected 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.

Council Action Advised by August 28, 2023
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Attachment: 2023 Voting Delegate Packet (3171 : Update Designation of Voting Alternate LCC Annual Conference) 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.

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.

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 SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, 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 completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly H.1.a
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Attachment: 2023 Voting Delegate Packet (3171 : Update Designation of Voting Alternate 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: 2023 Voting Delegate Packet (3171 : Update Designation of Voting Alternate LCC Annual Conference) CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023.

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Attachment: 2023 Voting Delegate Packet (3171 : Update Designation of Voting Alternate 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 that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes 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 works.

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, 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,
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
member-informed
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 the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
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).

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Attachment: 2023 Voting Delegate Packet (3171 : Update Designation of Voting Alternate LCC Annual Conference)

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