From: Latika Malkani <[email protected]>
Sent: Tuesday, September 15, 2026 4:18 PM
To: Joelle Fockler <[email protected]>
Cc: Linda Smith <[email protected]>
Subject: Fwd: public comment on closed session matter - city mgr evaluation - sept 15, 2026
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Begin forwarded message:
From: Nick Waranoff <[email protected]>
Date: September 15, 2026 at 1:39:39 PM PDT
To: Latika Malkani <[email protected]>, Janet Riley <[email protected]> Subject: public comment on closed session matter - city mgr evaluation - sept 15, 2026
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I have serious concerns about Linda Smith. She has developed a habit of telling half truths, and letting others get away with half truths.
Here are some examples:
1. When she and I were just the other day discussing low hanging cables over city streets, she said to me that the fire chief doesn’t think there is a problem. But as she knows, he didn’t look at any, let alone all of the locations I mentioned.
2. When Iverson, in her presence, at the first HOW meeting, in response to my question, said the council members don’t talk about the agenda before a meeting, she failed to mention that she speaks to each of the individually. It is a classic hub and spoke serial meeting. Whether doing so violates the Brown Act depends on what is said. But letting her get away with what she said was wrong. She only corrected herself after I directly asked her whether she spoke to each council member before a meeting.
3. Developer impact fee for police and fire: her entire handling of this is one half truth after another.
1. She claims there was an interview with Chief Sullivan supporting what the EIR say, but there is no written record, and we do have a written response from him to questions that does not support what the EIR says he said.
2. She conflates the EIR finding of no significant impact with the law that we are entitled to maintain the existing standard of service. She doesn’t mention the many jurisdictions that have such fees, including Moraga.
3. When she was privately asked about this by a councilmember, she said the fee cannot cover salaries without saying all of the things it can cover: vehicles, weapon, etc. A half a loaf is better than none but she left the impression it is a waste of time.
4. Her presentation about Ladris tonight is misleading. It says the max evac time will only increase by a few minutes, but that only applies to the zones adjacent to the freeway, as the screen captures show. There was no simulation included in the staff report about the impact on the rest of North or south Orinda.
Nick Waranoff
From: Nick Waranoff <[email protected]>
Sent: Friday, September 4, 2026 1:28 PM
To: 'Linda Smith' <[email protected]>
Subject: RE: HOW Program
I was going to advise Cole, when he sent out the email asking to be advised who will not attend, that I would not be attending. You beat me to the punch. The sessions are a waste of time.
I have a First Amendment right to “flip off” Scott Christie, and did so in a non-disruptive manner. See the Supreme Court decision in Cohen v. California. https://en.wikipedia.org/wiki/Cohen_v._California You surely know this.
My comments during the meeting were polite and constructive.
When the person sitting next to me asked a question concerning a subject that I had personal knowledge about, as I was providing the info, because I had been personally involved with Caltrans on the exact subject, Cole interrupted me and talked over me.
Interestingly, when Cole approached me after the meeting, his only comment was that his “objective” was to have staff answer questions. I responded that my objective was to provide truthful answers. Notably, Cole did not bring up any of the points you have raised.
He didn’t mention any ground rules or anything else other than that.
In terms of “ground rules,” Cole regularly allows people to speak repeatedly without being called on. He set the ground rules that I was following.
As you wrote, “I told you earlier this week that I didn’t appreciate your treatment of staff and I am no longer going to allow you to do this in an environment when I have the ability to stop it.” You believe that you “have the ability to stop” the way occasionally address staff in an email by barring me from attending the program. This is an admission that you are acting because you don’t like my occasional communications style with staff, and is a patent violation of my First Amendment rights. I feel that the casual approach by Scott Christie to what I consider a threat to my safety – low hanging cables that could block fire trucks – warranted strong language.
I haven’t used any bad language. I have not been disruptive. You are angry that I refuse to abide by your unconstitutional requirement of civility and that my criticism is harsh. You don’t like the fact that I criticize you, the council members, and the staff, so you are trying to punish me because, as you wrote, you believe you now “have the ability to stop” my harsh criticisms. You are particularly unhappy about my criticism of what even Cole confirmed is a “vulnerability” of your Emergency Operations Plan.
In terms of other attendees, I have been accosted after each meeting by a number of attendees who express glowing support for me. Some have engaged me in extended discussions after a meeting. After the meeting yesterday I was specifically told by several attendees that they missed me at the prior meeting at EBMUD (at which Cole failed to provide knives needed to cut the food from Amoroma).
I remain free to hand out flyers on the public sidewalk exposing you for what you are. I am also free to sue you personally in small claims court for denying me my civil rights. You have no official immunity because this area of First Amendment law has been settled for years. I have the ability to do
so.
Nick Waranoff
From: Linda Smith <[email protected]>
Sent: Friday, September 4, 2026 10:56 AM
To: Nick Waranoff <[email protected]>
Subject: HOW Program
Nick
I have been made aware of your behavior at last night’s HOW program. You are no longer welcome to participate in the program.
Flipping off staff members upon your arrival, talking over staff when they have asked you to stop multiple times, and not following the basic ground rules have led me to this decision.
We have also received complaints from participants that you are making the experience uncomfortable.
I told you earlier this week that I didn’t appreciate your treatment of staff and I am no longer going to allow you to do this in an environment when I have the ability to stop it.
I will be present at that next meeting so that I can ensure you don’t show up.
Linda
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