* Base MSRP excludes manufacturer, distributor and dealer options, taxes, title and license and dealer fees and charges. Also excludes the Delivery, Processing and Handling of $1,095 for Cars (Corolla, Corolla HV, Corolla HB, GR Corolla, Camry, Camry HV, Prius, Prius Prime, Toyota Crown, Mirai, GR86, GR Supra), $1,350 for Entry SUV/Small SUV (Corolla Cross, Corolla Cross HV, RAV4, RAV4 HV, RAV4 Prime, bZ4X), $1,395 for Mid SUV/Van (4Runner, Venza, Highlander, Highlander HV, Grand Highlander, Grand Highlander HV, Sienna), $1,495 for Small Pickup (Tacoma), $1,850 for Large Pickup/Large SUV (Tundra, Tundra HV, Sequoia). (Historically, vehicle manufacturers and distributors have charged a separate fee for processing, handling and delivering vehicles to dealerships. Toyota's charge for these services is called the "Delivery, Processing and Handling" and is based on the value of the processing, handling and delivery services Toyota provides as well as Toyota's overall pricing structure and may be subject to change at any time. Toyota may make a profit on the Delivery, Processing and Handling.) The Delivery, Processing and Handling in AL, AR, FL, GA, LA, MS, NC, OK, SC and TX may vary. The published prices do not apply to Puerto Rico and the U.S. Virgin Islands. Dealer price will vary.
Total Suggested Retail Price includes manufacturer and distributor options and delivery, process and handling fees, which may be subject to change at any time.
Excludes taxes, title, license and dealer options, fees and charges. Dealer price will vary.
ToyotaCare, which covers normal factory scheduled maintenance for 2 years or 25,000 miles, whichever comes first, is included as part of the sales price of the vehicle for qualifying buyers. See participating dealer for eligibility and coverage details.
Disclaimer: This document is only representative of some of the information contained on an actual window sticker, and is not meant to replace or substitute for the actual window sticker on the vehicle. Please see your retailer for further information. 2023 TOYOTA RAV4 Prime SE - JTMAB3FV1PD158126
Toyota of Berkeley
2400 Shattuck Avenue
Berkeley CA 94704
510-845-2530
2023 RAV4 Prime
RAV4 Prime SE
Model: 4544
VIN: JTMAB3FVXPD163034
Stock: N/A
Engine: 2.5-Liter 4-Cyl Plug-in Hybrid
Transmission: ECVT EXTERIOR
Ice Cap
INTERIOR
Black Fabric
PRICE
Base MSRP * $43,090.00
Factory Installed Packages &
Accessories
$1,665.00
Port Installed Packages & Accessories $309.00
Delivery Processing and Handling $1,350.00
Total Suggested Retail Price $46,414.00
FUEL ECONOMY
38MPG 94MPGe
INSTALLED PACKAGES & ACCESSORIES
Weather & Moonroof Package
Weather and Moonroof Package — includes heated leather-trimmed steering wheel, rear outboard passenger heated seating, rain-sensing variable intermittent windshield wipers with de-icer function, and power tilt/slide moonroof with one-touch open/close.
FIO $1,665.00
50 State Emissions FIO $0.00
All-Weather Liner Package
All-Weather Liner Package includes:.
All-Weather Floor Liners
Cargo Liner
PIO $309.00
Total Optional Equipment $1,974.00
Vehicle Base Model $43,090.00
Delivery Processing and Handling $1,350.00
FEATURES
Mechanical & Performance
Capability: Hill Start Assist Control (HAC)
Capability: All-Wheel Drive Integrated Management (AIM) with Multi-Information Display (MID) monitor
Battery: Type: Sealed Lithium-ion (Li-ion)
Charging: 6.6kW onboard charger
Drivetrain: Electronic On-Demand All-Wheel Drive (AWD)
Capability: Drive mode dial with SPORT, Eco and NORMAL modes, EV mode, HV mode, AUTO EV/AV mode, CHARGE mode and TRAIL mode
Capability: Active Cornering Assist (ACA)
Battery: Voltage: 355.2V (Plug-in Hybrid Li-ion)
Suspension: Independent MacPherson strut front suspension with
Engine: Emission rating: Super Ultra Low Emission Vehicle (SULEV) Engine: Compression ratio: 14.0:1
Transmission: Electronically controlled Continuously Variable Transmission (ECVT) with sequential shift mode
Brakes: Power-assisted ventilated 12.9-in. front disc brakes; ventilated 12.4-in. rear disc brakes with Star Safety System™ Steering: Electric Power Steering (EPS); power-assisted rack-andpinion HV Electric Motor: Power output (front/rear): 179/53 hp (134/40 kW)
Engine: 2.5-Liter 4-Cyl Plug-in Hybrid
Weight Rating: 5530 lbs
stabilizer bar; multi-link rear suspension with stabilizer bar Engine: Induction system: (D-4S) dual-injection direct-injection and port-injection EFI with Electronic Throttle Control System with intelligence (ETCS-i)
Engine: 2.5-Liter Dynamic Force 4-Cylinder with SPORT, Eco, NORMAL, EV, HV, AUTO EV/HV, CHARGE, TRAIL drive modes; 302 combined net hp; 177 hp @ 6,000 rpm; 165 lb.-ft. @ 3,600 rpm Electric motor: power output (front/rear) 179/53 hp (134/40 kW); torque (front/rear) 199/89 lb.-ft.
Transmission: Engine oil cooler, automatic transmission fluid cooler and hybrid system cooler
Brakes: Electronically Controlled Braking (ECB) system with integrated regenerative braking
Body Construction: Reinforced unitized steel body
HV Electric Motor: Torque (front/rear): 199/89 lb.-ft. (270/121 N•m) Electronic On-Demand All-Wheel Drive (AWD)
ECVT
Exterior
18-in. 5-spoke black-painted and machined sport alloy wheels including temporary spare
Color-keyed roof-mounted shark-fin antenna
Privacy glass on all rear side, quarter and liftgate windows Height-adjustable power liftgate with jam protection
Silver-painted front lower spoiler
Variable intermittent windshield wipers and intermittent rear wiper Color-keyed outside door handles with touch-sensor lock/unlock feature on front doors
Bi-LED projector low- and high-beam headlights with LED accent lights, Automatic High Beams (AHB) and auto on/off
LED taillights
Low-profile black roof rails
Color-keyed upper and black-painted lower front bumper, overfenders, rocker panels, and rear bumper with black insert Acoustic noise-reducing front side windows
Black diamond-patterned bar front grille
LED Daytime Running Lights (DRL) accent lighting
Black interior door handles
Dual chrome-tipped exhaust
Color-keyed heated power outside mirrors with turn signal and blind spot warning indicators, and folding feature
Exterior Dimensions
Track (front/rear) 63.0/63.7
Overall height 67.0
Wheelbase 105.9
Overall length/width 180.9/73.0
Interior
Dual zone automatic climate control system with dust and pollen filter and rear-seat vents
Sun visors with sliding extensions and illuminated vanity mirrors Power door locks with shift-linked automatic lock/unlock feature Black fabric-trimmed headliner
Soft-touch dash and armrests with stitched dash accents Five USB ports — USB media port in front storage tray and four additional charge ports (two in front center console and two rear seat ports)
Leather-trimmed tilt/telescopic 3-spoke steering wheel with silver accent and red-stitching, and controls for audio, Multi-Information Display (MID), Bluetooth® hands-free phone, voice-command, Dynamic Radar Cruise Control (DRCC), Lane Departure Alert (LDA) and Lane Trace Assist (LTA)
Wiper control stalk with front and rear window wiper controls Heated front seating
Leather-trimmed shift lever with sequential mode
2 front and 2 rear cup holders; 2 front and 2 rear bottle holders Front-door storage pockets with bottle holders
Overhead console with maplights, sunglasses storage, and Safety Connect® button
60/40 split reclining fold-flat rear seat with center armrest and cup holders
Cargo area tonneau cover
Digital speedometer and instrumentation with analog hybrid system indicator, battery level meter and fuel gauge; 7-in. digital MultiInformation Display (MID) with customizable settings, odometer, tripmeters, clock, outside temperature, rear passenger seatbelt indicators, hybrid energy monitor, battery charge meter, fuel economy information, trip timer, shift-position and scheduled maintenance indicators, and warning messages
Smart Key System on front doors and liftgate with Push Button Start, remote keyless entry system with lock, unlock and panic function, power liftgate and remote illuminated entry
Black carpet flooring with driver-side footrest
Red-accented interior, including red stitching on dash and seat, and black in-dash storage trays
One 12V/120W auxiliary power outlet in front instrument panel storage tray and one 12V/120W auxiliary power outlet in cargo area Day/night rearview mirror
Turn signal stalk with headlight controls and one-touch 3-blink lane change turn signals
Fabric-trimmed seats with sporty red stitching and embossed seat inserts; heated front seats; 8-way power-adjustable front driver's seat with lumbar support; 4-way adjustable front passenger seat with seatback pocket
Rear liftgate window defogger
Electric Parking Brake (EPB) with Brake Hold
Passenger-side lockable glove compartment
Center console with covered storage compartment, two cup 2023 TOYOTA RAV4 Prime SE - JTMAB3FVXPD163034
holders, drive mode, Electric Parking Brake (EPB) and automatic Brake Hold controls, and front storage tray
Power windows with auto up/down and jam protection in all positions
Front-seat reading lights, dome light and cargo area light Height-adjustable rear cargo area deck board
Audio Multimedia
8-in. Toyota Audio Multimedia, 6 speaker, with wireless Apple CarPlay® & Android Auto™ compatible, SiriusXM® with 3-month Platinum Plan trial subscription. See toyota.com/audio-multimedia for details. S
ToyotaCare
No cost maintenance plan $0 (No Cost) 24-hour Roadside Assistance $0 (No Cost) Safety & Convenience
Child-protector rear door locks and power window lockout control Toyota Safety Sense™ 2.5+ — Pre-Collision System with Pedestrian Detection , Lane Departure Alert with Steering Assist , Automatic High Beams , Lane Tracing Assist , Road Sign Assist and FullSpeed Range Dynamic Radar Cruise Control Anti-theft system with engine immobilizer
Trailer-Sway Control (TSC)
Blind Spot Monitor (BSM) with Rear Cross-Traffic Alert (RCTA) Backup camera with dynamic gridlines
3-point seatbelts for all seating positions; driver's-side Emergency Locking Retractor (ELR) and Automatic/Emergency Locking Retractor (ALR/ELR) on all passenger seatbelts
Front and outboard second-row seatbelts with seatbelt
pretensioners with force limiters
Front and rear side-impact door beams
Vehicle Proximity Notification System (VPNS)
Star Safety System™ — includes Enhanced Vehicle Stability Control (VSC), Traction Control (TRAC), Anti-lock Brake System (ABS), Electronic Brake-force Distribution (EBD), Brake Assist (BA) and Smart Stop Technology® (SST)
Hill Start Assist Control (HAC)
Tire Pressure Monitor System (TPMS) with direct pressure readout and individual tire location alert.
Eight airbags — includes driver and front passenger Advanced Airbag System, driver and front passenger seat-mounted side airbags, driver's knee airbag, front passenger seat cushion airbag, and front and rear side curtain airbags
Adjustable front shoulder anchors
LATCH (Lower Anchors and Tethers for CHildren) includes lower anchors on outboard rear seats and tether anchors on all rear seats Connected Services
Drive Connect - includes Cloud Navigation with Google points-ofinterest(POI) data, Intelligent Assistant with Hey Toyota, and Destination Assist. Subscription required. 4G network dependent.
Capable (subscription required)
Remote Connect remote_connect_21mm] - remotely interact with your vehicle through the Toyota app via your smartwatch.
Depending on grade, allows you to lock/unlock doors, start and stop the vehicle, locate your last parked location, check vehicle status and monitor guest drivers. Subscription required after trial. 4G network dependent. 1-year trial included
Safety Connect® - includes Emergency Assistance Button, Enhanced Roadside Assistance, Automatic Collision Notification, and Stolen Vehicle Locator. Subscription required after trial. 4G network dependent. Up to 10-year trial subscription
Service Connect — receive personalized maintenance updates and vehicle health reports. Subscription required after trial. 4G network dependent. Up to 10-year trial subscription
Wi-Fi Connect — includes AT&T Wi-Fi hotspot and Integrated Streaming (Apple Music® and Amazon Music™ ) compatibility.
Subscription required after trial. 4G network dependent. Up to 30- day/3 GB trial subscription
*
ToyotaCare, which covers normal factory scheduled maintenance for 2 years or 25,000 miles, whichever comes first, is included as part of the sales price of the vehicle for qualifying buyers. See participating dealer for eligibility and coverage details.
Disclaimer: This document is only representative of some of the information contained on an actual window sticker, and is not meant to replace or substitute for the actual window sticker on the vehicle. Please see your retailer for further information. 2023 TOYOTA RAV4 Prime SE - JTMAB3FVXPD163034
CITY COUNCIL
REPORT 9.G.
DATE: DECEMBER 5, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: SANJAY MISHRA, PUBLIC WORKS DIRECTOR
SUBJECT: AWARD CONSTRUCTION CONTRACT FOR SANITARY SEWER REHABILITATION PROJECT - PHASE1 (CIP PROJECT # SS2201)
RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A) to:
1. Find the Pinon-1 Project exempt from CEQA pursuant to Public Resources Code Section 21080.21 and authorize the Public Works Director to file a Notice of Exemption.
2. Reject the bid from A3 Pipelines as non-responsive;
3. Accept the lowest responsive, responsible bid from APB General Engineering and award a construction contract (Attachment B) for the SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1) (CIP Project # SS2201, the “Project”);
4. Authorize the City Manager to execute the construction contract with APB General Engineering in an amount not to exceed $1,078,398;
5. Authorize funds for a 10% contingency for the construction contract in an amount not to exceed $107,839.80; and
6. Authorize the City Manager or his designee to issue any necessary change orders to complete additional work within contract authority for the Project.
7. Authorize the Finance Director to amend the adopted Project budget to reallocate $61,237.80 from FY 2024/25 to FY 2023/24
BACKGROUND
The Project is the first phase of an approved multi-year project in the City of Pinole’s currently adopted Capital Improvement Plan (CIP) that involves various improvements to the Sanitary Sewer collection system, as identified in the Sanitary Sewer Collection System Master Plan (Master Plan). The Project is the first phase of the Pinon-1 capacity improvement project (Pinon 1 Project) in the Master Plan, replacing approximately 1,260 linear feet (LF) on Orleans Drive onto Tennent Avenue. The Project includes sanitary sewer pipeline replacement on Orleans Drive and Tennent Avenue by open-trench, sawcutting, excavation, backfill, reconnecting laterals, manhole replacement, manhole and sewer pipe abandonment, asphalt concrete restoration, CCTV inspection, traffic control, and bypass pumping.
On October 4, 2023, City staff released the bid on www.publicpurchase.com and also posted contract documents on https://www.ci.pinole.ca.us/city_government/ public_works/capital_projects/bids_and_rfps. In accordance with the Public Contract Code, the Notice of Invitation for Bids was published in the West County Times on October 18, 2023, and October 25, 2023, which specified the time and place for opening of sealed bids and described the nature of the Project. Sealed bids were opened on November 8, 2023.
REVIEW AND ANALYSIS
The Pinon-1 Project includes replacement of a total of approximately 4,970 LF of existing pipeline. The purpose of the Pinon-1 Project is to increase the capacity of existing sanitary sewer pipeline in order to transport peak wet weather flows (PWWF) and reduce the occurrence and risk of sanitary sewer overflows (SSOs). The Pinon-1 Project includes replacement of a total of approximately 1,050 feet of 8-inch diameter pipeline along San Pablo Avenue, approximately 740 feet of 8-inch diameter pipeline along Roble Avenue, approximately 1,500 feet of 8-inch to 10-inch diameter pipeline along Pinon Avenue, approximately 520 feet of 12-inch diameter pipeline between Pinon Avenue and Orleans Avenue and approximately 1,160 feet of 8-inch to 15-inch diameter pipeline along Orleans Avenue into Tennent Avenue. The Pinon 1 Project qualifies for a statutory exemption under Section 21080.21 of the Public Resources Code, which exempts the installation of new pipeline or maintenance, repair, restoration, removal, or demolition of an existing pipeline from environemntal review under CEQA as long as the project does not exceed one mile in length.
On November 8, 2023, nine (9) bids were received and publicly read at 2:00 PM at City Hall.
Per the bidding and contract documents, the City award of the contract, if awarded, will be made to the lowest responsive, responsible Bidder whose bid complies with the Contract Documents. The basis of award for this project is the total cost of the Base Bid Schedule only.
The following table summarizes the bids received:
Name of Bidder Total Amount of Base Bid
A3 Pipeline $ 879,388.65
APB General Engineering $ 1,078,398
KJ Woods Construction Inc. $ 1,228,000
JMB Construction, Inc. $ 1,329,470
Basset Engineering $ 1,405,765
Kerex Engineering $ 1,686,000
TerraCon Constructors, Inc. $ 1,698,028
WR Forde Associates, Inc $ 1,756,185
Koios Engineering Inc. $ 2,004,900
Apparent Lowest Bid Review. The total cost of the Base Bid Schedule in the apparent lowest bid submitted by A3 Pipelines is $879,388.65. Staff reviewed A3 Pipelines’ bid package for compliance with the Contract Documents. The bid submitted was incomplete: it did not include all of the required Bid Forms and all blanks on the submitted forms were not completed, including the Unit Costs. The bid submitted had other discrepancies, including (but not limited to) that the Bid Schedule submitted was not in accordance with Addendum 3, issued on October 30, 2023 and acknowledged by the bidder in their bid package. The incorrect Bid Schedule submitted did not include Base Bid Schedule Item 15. In accordance with the
INSTRUCTIONS TO BIDDERS paragraph 13, DISCREPANCIES IN BIDS, “In the event there are more than one Bid item on the Bid Schedule, the Bidder shall furnish a price for all Bid Items in the Schedule, and failure to do so will render the Bid non-responsive and shall cause its rejection…”. Staff determined A3 Pipelines’ bid shall be rejected as non-responsive by the City in accordance with the Contract Documents.
Lowest Responsive, Responsible Bidder. The total cost of the Base Bid Schedule in the apparent second lowest bid submitted by APB General Engineering is $1,078,398. Staff reviewed APB General Engineering’s bid package for compliance with the Contract Documents and determined the bid submitted was complete and responsive. Staff contacted the references for the construction contracts listed in the bid submittal to verify satisfactory completion of the work.
Staff recommends that City Council find the Pinon-1 Project exempt from CEQA pursuant to Public Resources Code Section 21080.21 and authorize the Public Works Director to file a Notice of Exemption. Staff recommends that City Council reject the bid from A3 Pipelines as nonresponsive and accept the bid and award the construction contract to APB General Engineering as the lowest responsive, responsible bidder for the Project. Staff also recommends that City Council authorize the City Manager to execute a contract with APB General Engineering in an amount not to exceed $1,078,398, for the Project. Staff also recommends that City Council authorize funds for a 10% contingency for the construction contract in an amount not to exceed $107,839.80. The contingency will allow staff to address any issues that may arise during the work as approved by the City Manager or his designee.
Staff also recommends that City Council authorize the City Manager or his designee to issue any necessary change orders to complete additional work within the contract authority for the Project. Staff also recommends that City Council authorize the Finance Director to amend the adopted Project budget to reallocate $61,237.80 from FY 2024/25 to FY 2023/24.
FISCAL IMPACT
The current adopted capital budget has sufficient funding for the Project construction in FY 2023/24 through FY 2027/28 but not in FY 2023/24. The FY 2023/24 capital budget includes $1,023,900 for Construction and $101,100 for Contingency. The FY 2024/25 through FY 2027/28 capital budgets includes an additional $2,560,000 for Construction and $320,000 for Contingency. The adopted Project budget needs to be amended to reallocate $61,237.80 from FY 2024/25 to FY 2023/24.
ATTACHMENTS
A. Resolution
B. Construction Agreement
RESOLUTION NO. 2023 – xx
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE, COUNTY OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA, AWARDING A
CONSTRUCTION CONTRACT FOR SS2201 SANITARY SEWER REHABILITATION PROJECT (PHASE 1) (CIP PROJECT # SS2201) TO APB GENERAL ENGINEERING IN AN AMOUNT NOT TO EXCEED $1,078,398, PLUS A $107,839.80 CONTINGENCY WHEREAS, the City of Pinole (“City”) has adopted the FY 2023/24 through FY 2027/28 Capital Improvement Plan (CIP) which includes the Sanitary Sewer Rehabilitation project (CIP Project # SS2201, the “Project”) as a funded project; and WHEREAS, the Project involves various improvements to the Sanitary Sewer collection system, as identified in the Sanitary Sewer Collection System Master Plan; and WHEREAS, the Project design and construction will be phased and completed over multiple years and construction contracts; and
WHEREAS, the Project is the first phase of the Pinon-1 capacity improvement project (Pinon-1 Project) in the Master Plan; and
WHEREAS, the Pinon-1 Project includes replacement of a total of approximately 4,970 LF of existing pipeline; and
WHEREAS, the purpose of the Pinon-1 Project is to increase the capacity of existing sanitary sewer pipeline in order to transport peak wet weather flows (PWWF) and reduce the occurrence and risk of sanitary sewer overflows (SSOs).; and WHEREAS, the first construction phase of the project, “SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1)”, includes sanitary sewer pipeline replacement of approximately 1,260 linear feet in Orleans Drive and Tennent Avenue by opentrench, sawcutting, excavation, backfill, reconnecting laterals, manhole replacement, manhole and sewer pipe abandonment, asphalt concrete restoration, CCTV inspection, traffic control, and bypass pumping; and
WHEREAS, on October 4, 2023, City staff released the bid on www.publicpurchase.com and also posted contract documents on www.ci.pinole.ca.us/ city_government/public_works/capital_projects/bids_and_rfps; and WHEREAS, the Notice of Invitation for Bids was published in the West County Times on October 18, 2023, and October 25, 2023, which specified the time and place for opening of sealed bids and described the nature of the Project; and WHEREAS, on November 8, 2023, at 2:00 p.m., Public Works staff publicly opened and examined the sealed bids for the Project; and WHEREAS, staff has determined that the apparent lowest bid from A3 Pipelines is
incomplete and shall be rejected as non-responsive in accordance with the Contract Documents because there is more than one Bid item on the Bid Schedule and the A3 Pipelines didn’t furnish a price for all items on in the Schedule, nor did the A3 Pipelines submit all required forms; and
WHEREAS, staff has determined that APB General Engineering is the lowest responsive, responsible bidder; and
WHEREAS, the current adopted Capital Improvement Plan budget for the Project does not have adequate funds in FY 2023/24 to award the construction contract and also fund a 10% contingency.
NOW THERFORE BE IT RESOLVED that the City Council of the City of Pinole hereby declares as follows:
1. The Pinon-1 Project is exempt from CEQA pursuant to Public Resources Code section 21080.21 and the Public Works Director is authorized to file a Notice of Exemption.
2. A3 Pipelines’ bid is found to be non-responsive and is rejected by the City Council.
3. APB General Engineering’s bid of $1,078,398 is found to be lowest responsive, responsible bid and is accepted by the City Council at the unit prices set forth in the bid for the SS-2201 Sanitary Sewer Rehabilitation Project (Phase 1) (CIP Project # SS2201, the “Project”). This bid is on file with the Public Works Department and incorporated herein by this reference as though set forth in full.
4. A construction budget of $1,078,398 and project contingency funds in the amount of (10% of bid) are authorized by the City Council.
5. The City Manager is authorized to execute a construction contract with APB General Engineering in an amount not to exceed $1,078,398 for the Project in a form to be approved by the City Attorney.
6. The City Manager or his designee is authorized to issue any necessary change orders to complete additional work within contract authority for the Project.
7. The Finance Director is authorized to amend the adopted Project budget to reallocate $61,237.80 from FY 2024/25 to FY 2023/24.
PASSED AND ADOPTED at a regular meeting of the Pinole City Council held on the 5th day of December 2023 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on the 5th day of December 2023.
____________________________
Heather Bell
City Clerk
City of Pinole Construction Services Agreement Page 1 of 16
CONSTRUCTION SERVICES AGREEMENT BETWEEN
THE CITY OF PINOLE AND APB GENERAL ENGINEERING
This agreement for Construction Services (“Agreement”) is entered into on December ___, 2023 between the CITY OF PINOLE, a municipal corporation, with offices located at 2131 Pear Street, Pinole, California (“City”) and APB General Engineering. (“Contractor”) (together sometimes referred to as the “Parties”).
WITNESSTH:
WHEREAS, Contractor and Contractor’s Surety are providing the bonds attached hereto and incorporated by this reference; and
WHEREAS, City desires to contract with Contractor to perform the construction services detailed in this Agreement; and
In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
1. CONTRACT DOCUMENTS. The Contract Documents referred to herein are incorporated herein by reference as if set forth in full in this Agreement. Work called for in any one Contract Document and not mentioned in another is to be performed and executed as if mentioned in all Contract Documents. The Contract Documents shall include the Notice Inviting Bids, Instructions to Bidders, Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates, affidavits and other documentation), this Agreement, Performance Bond, Labor and Materials Bond, Maintenance Bond, General Conditions, any Supplementary General Conditions, Special Provisions, Specifications, Drawings, all Addenda, and Change Orders executed pursuant to the provisions of the Contract Documents. The General Conditions shall mean and refer to the current General Conditions of the City which are incorporated herein by this reference as if set forth herein.
2. AGREEMENT CONTROLS. In the event of a conflict between the terms and conditions as set forth in this Agreement and the terms and conditions set forth in other Contract Documents, the terms and conditions set forth in this Agreement shall prevail. Unless otherwise specifically provided herein, all works and phrases defined in the General Conditions shall have the same meaning and intent in this Agreement.
3. INDEPENDENT CONTRACTOR. It is specifically understood and agreed by all parties hereto that Contractor is, for the purposes of this Agreement, an independent contractor and not an employee of the City. Accordingly, Contractor shall not be deemed the City's employee for any purpose whatsoever.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever for or against the City.
4. ASSIGNMENT. This Agreement may not be assigned by Contractor, in whole or in part, without prior written consent of the City.
5. TERMINATION. This Agreement may not be canceled by the City at any time without penalty upon thirty (30) days' written notice. In the event of termination without fault of Contractor, the City shall pay Contractor for all services rendered prior to date of termination, and such payment shall be in full satisfaction of all services rendered hereunder.
6. SCOPE OF CONTRACT. Contractor agrees to furnish all tools, equipment, apparatus, facilities, labor and material and transportation necessary to perform and complete in a good and workman like
City of Pinole Construction Services Agreement Page 2 of 14 manner to the satisfaction of the City, all the work called for, and in the manner designated in, and in strict conformity with the Project entitled:
Project Name: SS-2201 Sanitary Sewer Rehabilitation (Phase 1) Project No.: SS-2201
Federal Project No.: N/A
7. CONTRACT AMOUNT AND PAYMENTS. The City agrees to pay and Contractor agrees to accept, in full payment for the above work, one million, seventy-eight thousand, three hundred ninety-eight ($1,078,398) as stipulated sum price which Contractor bid in its Bid Form, subject to additions and deductions by Change Order(s) as provided in the General Conditions. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.
8. PROGRESS AND FINAL PAYMENTS. Progress and final payments shall be in accordance with the General Conditions.
9. RETENTION OF SUMS CHARGED AGAINST CONTRACTOR. When, under the provisions of this Contract, the City is authorized to charge any sum of money against Contractor, the City may deduct and retain the amount of such charge from the amount of the next succeeding progress estimate, or from any other moneys due or that may become due to the Contractor from the City. If, on completion or termination of the Contract, sums due contractor are insufficient to pay the City’s charges against Contractor, the City shall have the right to recover the balance from Contractor or his sureties.
10. TIME OF COMPLETION. The entire work shall be completed to the satisfaction of the City within forty-five (45) working days, commencing on the date of issuance of the Notice to Proceed. Failure to complete the entire work by the completion date and in the manner provided for by the Contract Documents shall subject Contractor to liquidated damages as hereinafter provided in this Agreement. Time is of the essence in these Contract Documents.
11. PROJECT SITE. Contractor shall perform the Services in such a manner as to cause a minimum of interference with City’s operations and the operations of other contractors at each Project site and to protect all persons and property thereon from damage or injury. Upon completion of the Services at a Project site, Contractor shall leave such Project site clean and free of all tools, equipment, waste materials and rubbish. Each Project site may include all buildings, offices, and other locations where Services are to be performed, including any access roads. Contractor shall be solely responsible for the safe transportation and packing in proper containers and storage of any equipment required for performing the Services, whether owned, leased or rented. City will not be responsible for any such equipment which is lost, stolen or damaged or for any additional rental charges for such equipment. Equipment left or stored at a Project site, with or without permission, is at Contractor’s sole risk. City may assume that anything left on the work site an unreasonable length of time after said work is completed has been abandoned. Any transportation furnished by City shall be solely as an accommodation and City shall have no liability therefore. Contractor acknowledges and agrees that it shall assume the risk and is solely responsible for its use of any City owned equipment and property provided by City for the performance of Services. City shall have no liability to Contractor therefore. In addition, Contractor further acknowledges and agrees that it shall assume the risk and is solely responsible for its owned, non-owned and hired automobiles, trucks or other motorized vehicles as well as any equipment, tolls, or other property which is utilized by Contractor on each Project site.
City of Pinole Construction Services Agreement Page 3 of 14 12 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Contractor, at its own cost and expense, shall procure the types and amounts of insurance listed below for the period covered by the Agreement.
12.1 Workers’ Compensation. If Contractor employs any person, Contractor shall maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Contractor with limits of not less than One Million Dollars ($1,000,000.00) per accident.
California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, the Contractor hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract."
12.2 General Liability Insurance. General liability insurance including, but not limited to, protection for claims of bodily injury and property damage liability, personal and advertising injury liability and product and completed operations liability. a) Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage form CG 0001 (occurrence).
b) Claims-made coverage is not acceptable.
c) The limits of liability shall not be less than:
Each occurrence: TWO Million Dollars ($2,000,000)
Products & Completed Operations: One Million Dollars ($1,000,000) Personal & Advertising Injury: One Million Dollars ($1,000,000) d) If a general aggregate limit of liability is used, the minimum general aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the general aggregate limit shall apply separately to the project that is the subject of the contract.
e) If a products and completed operations aggregate limit of liability is used, the minimum products and completed operation aggregate shall be twice the ‘each occurrence’ limit or the policy shall contain an endorsement stating that the products and completed operations aggregate limit shall apply separately to the project which is the subject of the contract.
f) If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
12.3 Automobile Liability Insurance. Automobile liability insurance providing protection against claims of bodily injury and property damage arising out of ownership, operation, maintenance, or use of owned, hired, and non-owned automobiles.
City of Pinole Construction Services Agreement Page 4 of 14 a) Coverage shall be at least as broad as Insurance Services Office Automobile Liability coverage form CA 0001, symbol 1 (any auto).
b) The limits of liability per accident shall not be less than:
Combined Single Limit One Million Dollars ($1,000,000)
If Automobile Liability coverage, as required above, is provided by the Commercial General Liability form, the General Liability policy shall include an endorsement providing automobile liability as required above.
12.4 General Liability/Umbrella Insurance. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated.
12.5 All Policies Requirements.
12.5.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
12.5.2 Verification of Coverage. Prior to beginning any work under this Agreement, Contractor shall, at the sole option of the City, provide City with (1) certified Certification of Insurance that demonstrates compliance with all applicable insurance provisions contained herein; and (2) upon request by the City, complete certified copies of all policies and/or complete certified copies of all endorsements that demonstrate compliance with this Section 5.
12.5.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement must be attached to all insurance obtained in accordance with this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage.
12.5.4 Additional insured; primary insurance. A certified endorsement at least as broad as Insurance Services Office form number CG 20 10 (11/85 ed.) shall be attached to all policies stating that the City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
A certified endorsement shall be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and
City of Pinole Construction Services Agreement Page 5 of 14 volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.
12.5.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
12.5.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
12.5.7 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected.
12.5.8 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; • Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or
• Terminate this Agreement.
12.6 Waiver of Subrogation. Contractor agrees to waive subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Contractor, its employees, agents and subcontractors.
City of Pinole Construction Services Agreement Page 6 of 14 13 NO WAIVER OF REMEDIES. Neither the inspection by the City or its agents, nor any order or certificate for the payment of money, nor any payment for, nor acceptance of the whole or any part of the work by the City, nor any extensions of time, nor any position taken by the City or its agents shall operate as a waiver of any provision of this Agreement or of any power herein reserved to the City or any right to damages herein provided, nor shall any waiver of any breach of the Agreement be held to be a waiver of any other or subsequent breach. All remedies provided in this Agreement shall be taken and construed as cumulative; that is, in addition to each and every other remedy herein provided, and the City shall have any and all equitable and legal remedies which it would in any case have. 14 DETERMINATION OF DAMAGES. The actual fact of the occurrences of damages and the actual amount of the damages which the City would suffer if the work were not completed within the specified times set forth are dependent upon many circumstances and conditions and, it is impracticable and extremely difficult to fix the actual damages.
Damages which the City would suffer in the event of delay include loss of the use of the project, and, in addition, expenses of prolonged employment of an architectural and engineering staff; costs of administration, inspection, and supervision; and the loss suffered by the public within the City by reasons of the delay in the completion of the project to serve the public at the earliest possible time. Accordingly, the parties hereto agree, and by execution of this Agreement, Contractor acknowledges that he/she understands, has ascertained and agrees, that the amounts set forth herein as liquidated damages shall be presumed to be that amount of damages sustained by the failure of Contractor to complete the entire work within the times specified. 15 LIQUIDATED DAMAGES. The amount of the liquidated damages to be paid by Contractor to the City for failure to complete the entire work in the specified number of Working or Calendar Days (as extended, if applicable) will be one thousand dollars ($1,000) for each Calendar Day, continuing to the time at which the work is completed. Such amount is the actual cash value agreed upon as the loss to the City resulting from Contractor's delay. 16 TERMINATION AFTER ALLOTED WORKING OR CALENDAR DAYS. In addition to any rights it may have, the City may terminate this Contract at any time after the allotted number of Working or Calendar Days as adjusted by any extensions of time for excusable delays that may have been granted. Upon such termination, Contractor shall not be entitled to receive any compensation for services rendered by him before or after such termination, and he shall be liable to the City for liquidated damages for all periods of time beyond such termination date until the work is completed. 17 CONTRACT BANKRUPT. If Contractor should commence any proceeding under the Bankruptcy Act, or if Contractor be adjudged a bankrupt, or if Contractor should make any assignment for the benefit of creditors, or if a receiver should be appointed on account of Contractor's insolvency, then the City may, without prejudice to any other right or remedy, terminate the Contract and complete the work by giving notice to Contractor and his surety according to the provisions of Section 1-15 of the General Conditions. The City shall have the right to complete, or cause completion of the work, all as specified in the General Provisions of the Standard Specifications.
18 PERFORMANCE AND PAYMENT BONDS. The Contractor shall, before beginning said work, file two bonds with the City, each made payable to the City. These bonds shall be
City of Pinole Construction Services Agreement Page 7 of 14 issued by a Surety Company authorized to do business in the State of California, and shall be maintained during the entire life of the Contract at the expense of the Contractor. a) One bond shall be in the amount of one hundred percent (100%) of the Contract and shall guarantee the Faithful Performance of the Contract. b) The second bond shall be the Payment Bond required by Part 4, Title 15, Chapter 7, Division Three of the Civil Code of the State of California and shall be in the amount of one hundred percent (100%) of the Contract.
Any alteration or alterations made in any provision of this Contract shall not operate to release any surety from liability on any bond required hereunder and the consent to make such alterations is hereby given, and any surety on said bonds hereby waives the provisions of Section 2819 of the Civil Code.
Bonds shall only be accepted from an “Admitted surety insurer,” which means an insurer to which the Insurance Commissioner has issued a certificate of authority to transact surety insurance in this state. Contractor must submit the original, or a certified copy, of the unrevoked appointment, power of attorney, bylaws or other instrument entitling or authorizing the person who executed the bond to do so.
All bonds submitted shall include the following:
1. Full name and address of the Contractor Surety, and the City;
2. Contract Date;
3. Exact Contract Sum;
4. Project Name and Address;
5. Signature of the Contractor
6. Corporate Seal, if applicable;
7. Signature of Authorized Surety Representative;
8. Notarization of the Contractor and Surety;
9. Power of Attorney; and
10. Local contact for surety, with name, phone number, and address to which legal notices may be sent.
19 SUBSTITUTION OF SECURITIES OF MONEY WITHELD. At any time prior to final payment, Contractor may request substitution of securities for any money withheld by the City to ensure performance of the Contract. At the expense of the Contractor, securities equivalent to the money withheld may be deposited with the City or with an approved financial institution as escrow agent according to a separate Security Agreement.
Securities eligible for substitution shall include those listed in Section 16430 of the Government Code or bank or savings and loan certificates of deposit. 20 GENERAL LIABILITY OF THE CONTRACTOR. Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, light, heat, utilities, transportation and other facilities and services necessary for the execution and completion of the Work in accordance with the Contract Documents and any applicable code or statute, whether or not specifically described herein, as long as same is reasonably inferable therefrom as being necessary to produce the intended results, whether temporary
City of Pinole Construction Services Agreement Page 8 of 14 or permanent, and whether or not incorporated or to be incorporated in the Work. The mention of any specific duty or liability of Contractor and, any reference to any specific duty or liability shall be construed to be for the purpose of explanation. 21 AUTHORITY OF THE CITY. The City will decide all questions regarding the quality and acceptability of materials furnished, work performed, and rate of progress of the Work.
The City will decide all questions regarding the interpretation and fulfillment of the Contract on the part of the Contractor, and all questions as to the rights of different prime contractors involved with the Work. The City will determine the amount and quality of the Work performed and materials furnished for which payment is to be made under the Contract.
The City will administer its authority through a duly designated representative identified at the pre-construction conference. The Contractor and City’s designated representative (the Owner’s Representative) shall make good faith attempts to resolve disputes that arise during the performance of the Work.
Any order given by the City not otherwise required by the Contract to be in writing shall be given or confirmed by the City in writing at the Contractor’s request. Such request shall state the specific subject of the decision, order, instruction, or notice and, if it has been given orally, its date, time, place, author and recipient.
Any plan or method suggested to the Contractor by the ENGINEER, or any of the Owner’s Representative, but not specified or required in writing, if adopted or followed in whole or in part by the Contractor, shall be used at the risk and responsibility of the Contractor. The City assumes no responsibility.
22 RESPONSIBILITY OF THE CONTRACTOR The Work shall be under the Contractor's responsible care and charge until completion and final acceptance, and the Contractor shall bear the entire risk of injury, loss, or damage to any part by any cause. The Contractor shall rebuild, repair, restore, and make good all injuries, losses or damage to any portion of the Work or the materials occasioned by any cause, and shall bear the entire expense.
The mention herein of any specific duty or responsibility imposed upon the Contractor shall not be construed as a limitation or restriction of any other responsibility or duty imposed upon the Contractor by the Contract, said reference being made herein merely for the purpose of explaining the specific duty or responsibility.
The Contractor shall do all of the work and furnish all labor, materials, tools, equipment, and appliances, except as otherwise herein expressly stipulated, necessary or proper for performing and completing the Work herein required, including any change order work or disputed work directed by the City in conformity with the true meaning and intent of the Contract Documents, within the time specified.
23 INDEMNIFICATION AND CONTRACTOR’S RESPONSIBILITIES. To the fullest extent permitted by law, the Contractor shall indemnify, defend with counsel acceptable to the City, and hold harmless the City, its officers, officials, employees, agents, and volunteers from and against any and all losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every
City of Pinole Construction Services Agreement Page 9 of 14 nature arising out of or in any way connected with the performance or attempted performance of the provisions of this Contract, caused in whole or in part by any negligent or willful act or omission of the Contractor, its officers, employees, or agents, or anyone directly or indirectly acting on behalf of the Contractor, regardless of whether caused in part by a party indemnified hereunder. Nothing contained in the foregoing indemnity provisions shall be construed to require the Contractor to indemnify the indemnified party in contravention of Section 2782 of the Civil Code for the active or sole negligence or willful misconduct of that indemnified party To the fullest extent permitted by law, the Contractor’s duty to defend shall extend, without limitation, to any suit or action founded upon any losses, claims, demands, damages, costs, expenses, attorney’s fees, or liability of every nature arising out of or in any way connected with the performance or attempted performance of the provisions hereof, or in any way arising out of or connected with this Contract.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of damages to adjacent property caused by the conduct of the Work.
The defense and indemnity obligations expressly extend to and include any and all claims, demands, damages, costs, expenses, or liability occasioned as a result of the violation by the Contractor, the Contractor’s agents, employees, or independent contractors, Subcontractors or suppliers of any provisions of federal, State or local law, including applicable administrative regulations.
The defense and indemnity obligations also expressly extend to and include any claims, demands, damages, costs, expenses, or liability occasioned by injury to or death of any person, or any property damage to property owned by any person while on or about the site or as a result of the Work, whether such persons are on or about the site by right or not, whenever the Work is alleged to have been a contributing cause in any degree whatsoever.
In claims against any person or entity herein indemnified that are made by an employee of the Contractor or an employee of any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, a person indirectly employed by the Contractor or by any of the Contractor’s agents, independent contractors, Subcontractors or suppliers, or anyone for whose acts the Contractor or any of the Contractor’s agents, independent contractors, Subcontractors or suppliers may be liable, the defense and/or indemnification obligation herein shall not be limited by any limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or the Contractor’s agents, independent contractors, Subcontractors or suppliers under workers’ compensation acts, disability acts, or other employee benefit acts.
The indemnification obligations herein shall not be limited by any assertion or finding that the person or entity indemnified is liable by reason of a non-delegable duty.
The indemnities set forth herein shall not be limited by the insurance requirements set forth in the Contract Documents.
The indemnification requirements herein set forth shall extend to claims occurring after this Contract is terminated as well as while it is in force.
City of Pinole Construction Services Agreement Page 10 of 14 In the event the Contractor enters into any agreement with the owners of any adjacent property to enter upon or adjacent to such property for the purpose of performing this Contract, the Contractor shall fully indemnify, defend and save harmless such person, firm, or corporation, State or other governmental agency which owns or has any interest in the adjacent property. The form and content of the indemnification agreement shall be approved by the City prior to commencement of any work on or about such property. The Contractor also shall indemnify the City and other indemnities identified in this Section as provided in the Contract. These provisions shall be in addition to any other requirements of the owners of adjacent property. 24 LEGAL REQUIREMENTS.
24.1 Governing Law. The laws of the State of California shall govern this Agreement.
24.2 Compliance with Applicable Laws. Contractor and any subcontractors shall comply with all laws applicable to the performance of the work in connection with this Agreement.
24.3 Licenses and Permits. Contractor represents and warrants to City that Contractor and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions.
24.4 Nondiscrimination and Equal Opportunity. In compliance with federal, state and local laws, Contractor shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Contractor under this Agreement.
24.5 Work Requiring Payment of Prevailing Wages. The City affirmatively identifies this project as a “public work” as that term is defined by California Labor Code § 1720, and the project is, therefore, subject to prevailing wages under California Labor Code § 1771. In accordance with California Labor Code § 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which these services are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the services under this Agreement. Contractor and its subcontractors shall fully comply with all the provision of the California Labor Code governing the performance of pubic works contracts including, but not limited to, payment of prevailing wages, limitations on time worked, compliance with apprentice requirements, maintenance of payroll records, posting of wages at job site and prohibitions against discrimination.
24.6 Unfair Competition. The following provision in included in this agreement pursuant to California Public Contract Code §7103.5.
"In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the contractor or subcontractor offers and agrees to assigning to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the
City of Pinole Construction Services Agreement Page 11 of 14 Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties."
24.7 INCIDENTAL BENEFICIARIES. It is expressly understood and agreed that the enforcement of these terms and conditions shall be reserved to the City and Contractor.
Nothing contained in the Agreement shall give or allow any claim or right of action whatsoever by any third person. It is the express intent of the City and Contractor that any such person or entity, other than the City and Contractor, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary. 25 MODIFICATION.
25.1 Amendments. Any modification or amendment of any provision of this agreement shall be in writing and must be executed by both parties hereto.
25.2 Assignment. Contractor may not assign this Agreement or any interest therein without the prior written approval of the City.
25.3 Subcontracting. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City. Where written approval is granted by the City, Contractor shall supervise all work subcontracted by Contractor in performing the Services; shall be responsible for all work performed by a subcontractor as if Contractor itself had performed such work; the subcontracting of any work to subcontractors shall not relieve Contractor from any of its obligations under this Agreement with respect to the Services; and Contractor is obligated to ensure that any and all subcontractors performing any Services shall be fully insured in all respects and to the same extent as set forth under Section 5, to City’s satisfaction.
25.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Contractor shall survive the termination of this Agreement.
25.5 Options upon Breach by Contractor. If Contractor materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
25.5.1 Immediately terminate the Agreement;
25.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Contractor in accordance with this Agreement;
25.5.3 Retain a different Contractor to complete the Services not finished by Contractor; or
25.5.4 Charge Contractor the difference between the costs to complete the work at the time of breach and the amount that City would have paid Contractor if Contractor had completed the Work.
City of Pinole Construction Services Agreement Page 12 of 14 26 KEEPING AND STATUS OF RECORDS.
26.1 Records Created as Part of Contractor’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Contractor prepares or obtains in accordance with this Agreement and that relate to the matters covered under the terms of this Agreement shall be the property of the City.
26.2 Contractor’s Books and Records. Contractor shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Contractor to this Agreement.
26.3 Confidential Information and Disclosure. During the term of this Agreement, either party (the “Disclosing Party”) may disclose confidential, proprietary or trade secret information (the “Information”), to the other party (the “Receiving Party”). The Receiving Party shall hold the Disclosing Party’s Information in confidence and shall take all reasonable steps to prevent any unauthorized possession, use, copying, transfer or disclosure of such Information. Contractor understands that City is a public City and is subject to the laws that may compel it to disclose information about Contractor’s business. 27 MISCELLANEOUS PROVISIONS.
27.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
27.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Contra Costa or in the United States District Court for the Northern District of California.
27.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect.
27.4 Binding. This Agreement shall bind and inure to the heirs, devisees, assignees and successors in interest of Contractor and to the successors in interest of the City in the same manner as if such parties had been expressly named herein.
27.5 Survivorship. Any responsibility of Contractor for warranties, insurance, indemnity, record keeping or compliance with laws with respect to this Agreement shall not be invalidated due to the expiration, termination or cancellation of this Agreement.
27.6 No Implied Waiver of Breach. In the event that either the City or Contractor shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the
City of Pinole Construction Services Agreement Page 13 of 14 same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
27.7 Contract Administration. This Agreement shall be administered by the City Manager or her designee, who shall act as the City’s representative. All correspondence shall be directed to or through the representative.
27.8 Notices. Any written notice to Contractor shall be sent to:
Alfred Lee, President
APB General Engineering
2721 Kevin Rd
San Pablo, CA 94806
Any written notice to City shall be sent to:
Neil Gang, Interim City Manager
City of Pinole
2131 Pear Street
Pinole, CA 94564
27.9 Integration; Incorporation. This Agreement, including all the exhibits attached hereto, represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. All exhibits attached hereto are incorporated by reference herein.
27.10 Authority to Execute. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
27.11 Counterparts. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and will become effective and binding upon the parties at such time as all of the signatories hereto have signed a counterpart of this Agreement.
All counterparts so executed shall constitute one Agreement binding on all of the parties hereto, notwithstanding that all of the parties are not signatory to the same counterpart.
The Parties have executed this Agreement as of the date signed by the City.
CITY OF PINOLE CONTRACTOR
Date: Date:
________________________________ ________________________________ Neil Gang [Insert Name of Signatory]
Interim City Manager [Insert Name of Contractor]
City of Pinole Construction Services Agreement Page 14 of 14 Dated: ___________________________ Dated: ___________________________ Attest:
__________________________
Heather Bell
City Clerk
Dated: ___________________________
Approved as to Form:
____________________________
Eric Casher
City Attorney
Dated: ___________________________
CITY COUNCIL
REPORT 9.H.
DATE: DECEMBER 5, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: ADOPT CITY COUNCIL PROCEDURES
RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving the City Council procedures, as amended.
BACKGROUND
The Pinole City Council has established, by resolution, procedures for creating and posting City Council meeting agendas, the standard Council meeting agenda format, and procedures for conducting City Council meetings. The City Council has a tradition of reviewing the meeting procedures each year. The City Council has historically considered and adopted revisions, if any, in a two-step process. The City Council first reviews the resolution containing the current procedures and, if it would like any revisions, directs staff to update the resolution and return to Council at a subsequent meeting, at which the City Council adopts the resolution containing the current or revised procedures.
The City Council last reviewed its procedures at its March 7, 2023 meeting. During its review, the City Council approved proposed changes by both staff and Council members.
The staff suggested changes that were reviewed and approved by the City Council are summarized in the March 7, 2023 staff report, included as Attachment C. The Council suggested changes that were reviewed and approved by the City Council are as follows:
1. To amend Section 6 of the Regular Meeting Agenda Format, Citizens to be Heard to read:
“Citizens may provide comment to the City Council on any matter not listed as an agenda item on this Council meeting’s agenda.”
2. To switch the order of Agenda Items 7 and 8 in the Regular Meeting Agenda Format:
7. REPORTS & COMMUNICATIONS
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY EVENTS.
3. To amend the first sentence of 13 (b) Consent Calendar:
“Items listed under the Consent Calendar are considered to be routine and/or noncontroversial
and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda."
4. To amend Section 1, Regular Meetings to adjust the regular City Council meeting start time to 5:00 p.m.
5. To amend Section 6 to read:
“The City Council can request a “date certain” for a future agenda item. That request will be evaluated by staff and a reasonable date will be reported back to Council at the following meeting.”
One of the suggested revisions required an amendment to the Pinole Municipal Code before the Council procedures could be adopted. At its regularly scheduled meeting on September 5, 2023, the City Council adopted an ordinance making the necessary amendments to Pinole Municipal Code section 2.04.200, “Council-manager Relations” and Section 2.12.010, “Time of Regular City Council Meetings”.
Staff is recommending that the City Council now approve the previously proposed changes to the Council procedures. The proposed changes are tracked in the revised document (Attachment A) for Council’s review and consideration.
REVIEW AND ANALYSIS
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Proposed Resolution - Tracked Changes
B. Proposed Resolution - Clean Version
C. Staff Report, March 7, 2023
ATTACHMENT A
Formatted: Right
Formatted: Font: (Default) Arial, 16 pt, Bold
Formatted: Font: Bold RESOLUTION NO. 2023 - XX
RESOLUTION OF THE CITY COUNCIL OF PINOLE, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES
FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF
MEETINGS
The Pinole City Council hereby repeals all prior resolutions related to the conduct of meetings, including Resolution 103-2003; 178-2003, 2005-02, 2007-07, 2007-86, 2008-74, 2009-124, 2012-08, 2012-127, 2014-67, and 2015-109, 2016-100, 2017-13, 2017-72, 2018-113, 2019-03, 2020-114, 2021-28, 2021-68, and 2022-07 and resolves as follows:
1. Regular Meetings. Pursuant to Section 2.12.010 of the Municipal Code, a regular meeting of the Pinole City Council shall be held at 56:00 p.m. on the first and third Tuesdays of every month at the Council Chambers, 2131 Pear Street in Pinole, California. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be scheduled to start at a time other than 56:00 p.m. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be cancelled.
2. Special Meetings. Upon the agreement of the City Manager and the Mayor and confirmation of the availability of a quorum of the City Council, a special meeting of the City Council may be scheduled. The date and time of a special meeting will be set in consideration of the likely availability of members of the public to attend at that date and time.
3\.. Closed Sessions. Closed Sessions of the Pinole City Council will customarily be held prior to the consideration of regular business items on the City Council agenda in Open Session. The City Council will endeavor to conclude Closed Session by or before 7 p.m. If all Closed Session items cannot be completed during that time, Council may convene back into Closed Session following all of the Open Session business items that evening or the Closed Session items can be held over to the next meeting,
4. Posting of Meeting Agenda. As required by the Brown Act, at least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting , the City Clerk shall post the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website
5. Council Action Limited. As required by the Brown Act, the Council shall not take action on any item not appearing on the posted agenda unless:
A. It is determined by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the Council is present, the unanimous vote of the members present, that the need to take action arose after the posting of the agenda.
B. It is determined by a majority vote of the Council that an emergency situation as described in Government Code Section 54956.5 necessitated prompt action due to the disruption or threatened disruption of public facilities.
C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.
6. Agenda Preparation. The City Manager will in coordination with the Mayor identify the items, among those initiated by staff to carry out City functions and those approved by a majority of the City Council as Council requests for future agenda items, that will be included on each specific City Council meeting agenda. Only items that are staff initiated and approved by the
2 City Manager, items that are approved by a majority of the City Council as Council requests for future agenda items, or proclamations/presentations requested by local jurisdictions or non-profits may appear on a Council meeting agenda except as noted above in the section regarding adding new agenda items after the posting deadline. The City Manager and the Mayor will endeavor not to include more items on a single agenda than the Council can reasonably address during a single meeting. Items requested as future agenda items by the City Council will be placed on a Council meeting agenda as soon as staff has had sufficient time to conduct any necessary preparations for the item. The City Manager may schedule items requested by Council as future agenda items for specific meeting dates based on specific time sensitivity or natural timing of the item. The City Council can request a “date certain” for a future agenda item. That request will be evaluated by staff and a reasonable date will be reported back to Council at the following meeting. The City Council can establish a date certain, the feasibility of which it should confirm with staff, for a future agenda item when it approves a future agenda item. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.
7. Order of Business. Promptly at the hour appointed for each meeting, the members of the Council, City Clerk, City Attorney, City Manager, the Police Chief or his designee and such other staff members as the City Manager deems necessary shall assemble in the Council Chambers or some other publicly announced location. The standard agenda items, their sequence, and the standard agenda format for a regular meeting is as shown below. The order of business may be suspended at any Council meeting by a majority vote of the members in attendance.
REGULAR MEETING AGENDA FORMAT
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
EXAMPLES:
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:
Employee Organizations:
3 B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:
OPEN SESSION WILL RECOMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may provide comment to the City Council on any matter under the subject matter jurisdiction of the City County not listed as an agenda item on this Council meeting’s agenda. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
7. REPORTS & COMMUNICATIONS
A. Mayor
1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager Report
F. City Attorney Report
7.8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions
8.7. REPORTS & COMMUNICATIONS
A. Mayor
1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager Report
F. City Attorney Report
4 9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine or noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council Member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar.
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication on a matter or with a party that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
11. OLD BUSINESS
12. NEW BUSINESS
13. CITIZENS TO BE HEARD (Public Comments)
Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT
END OF AGENDA FORMAT
8. Conflict of Interest. An official who has a conflict must disclose such prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).
9. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.
The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;
• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and
5 • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
10. Norms of Behavior and Code of Ethics and Conduct: The City Council has approved the Council Norms of Behavior, incorporated hereto as Exhibit A. The City Council has also approved a Code of Ethics and Conduct which is codified in Chapter 2.62.030.of the Pinole Municipal Code.
11. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.
12. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes.
After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.
13. Rules of Order. The following definitions and rules shall govern the proceedings of the Council:
a. Reports. Under the items Mayor and City Council Reports and Communications, City Manager Report and City Attorney Report , the Council shall receive reports which are intended to be limited to approximately two (2) minutes from each individual.
Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager Report shall include a report on anticipated agenda items for the next meeting. b. Consent Calendar. All matters under the Consent Calendar are considered to be routine and/or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. . All of the Consent Calendar items may be enacted together by one Council action. If any Council Member wishes to comment on a Consent Calendar item, they may do so before action is taken on the Consent Calendar. If, following comments, a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar. c. Public Comment. Public comment, including Citizens to be Heard, is for members of the public to provide comments to the City Council on municipal affairs. Under Citizens to Be Heard, members of the public may provide comments to the City Council on any municipal affair not addressed by another agenda item. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
6 d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:
I. All persons wishing to speak for or against a matter which has been set for Public Hearing are requested to complete a card giving his/her name and address, and to hand the card to the City Clerk as early as possible in the meeting. The cards can be found on the Clerk's desk or on a table located in the back of the Council Chambers.
II. The speakers shall address remarks to and through the Mayor.
III. Persons addressing the Council shall state their name, the city in which they reside, the interest they represent, if any, and shall state on which side of the argument they wish to be heard.
IV. Prior to opening the Public Hearing, the Mayor may request a staff report and presentation.
V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.
VI. Applicant/Appellant (10 minutes, subject to adjustment by the Mayor) - The applicant or his/her representative shall first address the Council and shall, in his/her first address, state all relevant reasons and present all relevant evidence on behalf of the application/matter.
VII.Opponent (5 minutes, subject to adjustment by the Mayor) – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.
VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.
IX. Public Comments (3 minutes per speaker, subject to adjustment by the Mayor). Any persons wishing to speak either in favor of, in opposition to, or simply to comment on the application/matter shall next be recognized by the Mayor in the order in which they present themselves.
X. Applicant Close (5 minutes, subject to adjustment by the Mayor) - After all persons desiring to speak on the application have completed their presentation and any written communications have been acknowledged, the applicant will be permitted 5 minutes to close the argument by
7 presenting matter in rebuttal on presentation made in opposition to the application.
XI. If the applicant, in rebuttal, presents new evidence not covered in the original presentation, persons who have previously spoken on the application may be granted an opportunity to comment on the new evidence only.
XII.The applicant shall have the right to close the argument.
XIII. The Public Hearing shall then be concluded on the part of the public and brought to the Council level for discussion and decision. There is no further comment permitted from the audience unless requested by the Council.
XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument. e. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above for Public Hearings.
. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.
II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.
III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.
IV. Public CommentDuring Council Deliberation - Public comment shall be allowed following the staff report and Council questions and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.
V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.
g.. Old Business. This item is for city business which has been raised at a previous meeting and which has not been completed.
h. New Business. This item is for new city business which has not been previously presented to the City Council.
i. Council Deliberation.
I. Presiding Officer May Deliberate - The Mayor may deliberate from the
8 chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.
II. Getting the Floor - Improper References to be Avoided - Every member desiring to speak shall address the Mayor, and upon recognition shall confine himself/herself to the question under deliberation, avoiding negative references to personalities and indecorous language.
III. Interruptions - A Council member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question ofr order be determined, and if in order, said member shall be permitted to proceed.
IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.
V. Repeal or Amendment of Action Requiring More Than a Majority Vote - Any ordinance or resolution which is passed or adopted and which, as part of its terms, requires more than a majority vote of the Council in order to pass, a motion pursuant to such an ordinance or resolution shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution.
VI. Motion to Table - A motion to lay on the table is not debatable and shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority.
VII.Motion to Call for Question or Continue to a Date Specific - A motion to call for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.
VIII. Statement of Position - When a motion to call for the question is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business.
IX. Privilege of Closing Deliberation - The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the
9 privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.
X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.
XI. Second Required - All motions except for nominations and a point of order shall require a second.
XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
j.. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following:
staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan. k. Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively and allow additional time for public review and participation.
l. Adjournment - Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting..
PASSED AND ADOPTED this 5
th st day of December, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 5th day of December 2023.
10 ____________________________
Heather Bell, CMC
City Clerk
ATTACHMENT A
RESOLUTION NO. 2023 - XX
RESOLUTION OF THE CITY COUNCIL OF PINOLE, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES
FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF
MEETINGS
The Pinole City Council hereby repeals all prior resolutions related to the conduct of meetings, including Resolution 103-2003; 178-2003, 2005-02, 2007-07, 2007-86, 2008-74, 2009-124, 2012-08, 2012-127, 2014-67, and 2015-109, 2016-100, 2017-13, 2017-72, 2018-113, 2019-03, 2020-114, 2021-28, 2021-68, and 2022-07 and resolves as follows:
1. Regular Meetings. Pursuant to Section 2.12.010 of the Municipal Code, a regular meeting of the Pinole City Council shall be held at 5:00 p.m. on the first and third Tuesdays of every month at the Council Chambers, 2131 Pear Street in Pinole, California. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be scheduled to start at a time other than 5:00 p.m. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be cancelled.
2. Special Meetings. Upon the agreement of the City Manager and the Mayor and confirmation of the availability of a quorum of the City Council, a special meeting of the City Council may be scheduled. The date and time of a special meeting will be set in consideration of the likely availability of members of the public to attend at that date and time.
3\. Closed Sessions. Closed Sessions of the Pinole City Council will customarily be held prior to the consideration of regular business items on the City Council agenda in Open Session. The City Council will endeavor to conclude Closed Session by or before 7 p.m. If all Closed Session items cannot be completed during that time, Council may convene back into Closed Session following all of the Open Session business items that evening or the Closed Session items can be held over to the next meeting,
4. Posting of Meeting Agenda. As required by the Brown Act, at least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting , the City Clerk shall post the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website
5. Council Action Limited. As required by the Brown Act, the Council shall not take action on any item not appearing on the posted agenda unless:
A. It is determined by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the Council is present, the unanimous vote of the members present, that the need to take action arose after the posting of the agenda.
B. It is determined by a majority vote of the Council that an emergency situation as described in Government Code Section 54956.5 necessitated prompt action due to the disruption or threatened disruption of public facilities.
C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.
6. Agenda Preparation. The City Manager will in coordination with the Mayor identify the items, among those initiated by staff to carry out City functions and those approved by a majority of the City Council as Council requests for future agenda items, that will be included on each specific City Council meeting agenda. Only items that are staff initiated and approved by the
2 City Manager, items that are approved by a majority of the City Council as Council requests for future agenda items, or proclamations/presentations requested by local jurisdictions or non-profits may appear on a Council meeting agenda except as noted above in the section regarding adding new agenda items after the posting deadline. The City Manager and the Mayor will endeavor not to include more items on a single agenda than the Council can reasonably address during a single meeting. Items requested as future agenda items by the City Council will be placed on a Council meeting agenda as soon as staff has had sufficient time to conduct any necessary preparations for the item. The City Manager may schedule items requested by Council as future agenda items for specific meeting dates based on specific time sensitivity or natural timing of the item. The City Council can request a “date certain” for a future agenda item. That request will be evaluated by staff and a reasonable date will be reported back to Council at the following meeting. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.
7. Order of Business. Promptly at the hour appointed for each meeting, the members of the Council, City Clerk, City Attorney, City Manager, the Police Chief or his designee and such other staff members as the City Manager deems necessary shall assemble in the Council Chambers or some other publicly announced location. The standard agenda items, their sequence, and the standard agenda format for a regular meeting is as shown below. The order of business may be suspended at any Council meeting by a majority vote of the members in attendance.
REGULAR MEETING AGENDA FORMAT
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
EXAMPLES:
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:
Employee Organizations:
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
3 Pursuant to GC §54597
Public Employee Performance Evaluation:
OPEN SESSION WILL RECOMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may provide comment to the City Council on any matter not listed as an agenda item on this Council meeting’s agenda. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
7. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions
8.. REPORTS & COMMUNICATIONS
A. Mayor
1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager Report
F. City Attorney Report
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine or noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council Member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar.
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication on a matter or with a party that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
11. OLD BUSINESS
12. NEW BUSINESS
4 13. CITIZENS TO BE HEARD (Public Comments)
Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT
END OF AGENDA FORMAT
8. Conflict of Interest. An official who has a conflict must disclose such prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).
9. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.
The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;
• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
10. Norms of Behavior and Code of Ethics and Conduct: The City Council has approved the Council Norms of Behavior, incorporated hereto as Exhibit A. The City Council has also approved a Code of Ethics and Conduct which is codified in Chapter 2.62.030.of the Pinole Municipal Code.
11. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.
5 12. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes.
After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.
13. Rules of Order. The following definitions and rules shall govern the proceedings of the Council:
a. Reports. Under the items Mayor and City Council Reports and Communications, City Manager Report and City Attorney Report , the Council shall receive reports which are intended to be limited to approximately two (2) minutes from each individual.
Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager Report shall include a report on anticipated agenda items for the next meeting. b. Consent Calendar. All matters under the Consent Calendar are considered to be routine and/or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. If any Council Member wishes to comment on a Consent Calendar item, they may do so before action is taken on the Consent Calendar. If, following comments, a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar. c. Public Comment. Public comment, including Citizens to be Heard, is for members of the public to provide comments to the City Council on municipal affairs. Under Citizens to Be Heard, members of the public may provide comments to the City Council on any municipal affair not addressed by another agenda item. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting. d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:
I. All persons wishing to speak for or against a matter which has been set for Public Hearing are requested to complete a card giving his/her name and address, and to hand the card to the City Clerk as early as possible in the meeting. The cards can be found on the Clerk's desk or on a table located in the back of the Council Chambers.
II. The speakers shall address remarks to and through the Mayor.
III. Persons addressing the Council shall state their name, the city in which they reside, the interest they represent, if any, and shall state on which
6 side of the argument they wish to be heard.
IV. Prior to opening the Public Hearing, the Mayor may request a staff report and presentation.
V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.
VI. Applicant/Appellant (10 minutes, subject to adjustment by the Mayor) - The applicant or his/her representative shall first address the Council and shall, in his/her first address, state all relevant reasons and present all relevant evidence on behalf of the application/matter.
VII.Opponent (5 minutes, subject to adjustment by the Mayor) – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.
VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.
IX. Public Comments (3 minutes per speaker, subject to adjustment by the Mayor). Any persons wishing to speak either in favor of, in opposition to, or simply to comment on the application/matter shall next be recognized by the Mayor in the order in which they present themselves.
X. Applicant Close (5 minutes, subject to adjustment by the Mayor) - After all persons desiring to speak on the application have completed their presentation and any written communications have been acknowledged, the applicant will be permitted 5 minutes to close the argument by presenting matter in rebuttal on presentation made in opposition to the application.
XI. If the applicant, in rebuttal, presents new evidence not covered in the original presentation, persons who have previously spoken on the application may be granted an opportunity to comment on the new evidence only.
XII.The applicant shall have the right to close the argument.
XIII. The Public Hearing shall then be concluded on the part of the public and brought to the Council level for discussion and decision. There is no further comment permitted from the audience unless requested by the Council.
XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument.
7 e. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above for Public Hearings.
. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.
II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.
III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.
IV. Public CommentDuring Council Deliberation - Public comment shall be allowed following the staff report and Council questions and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.
V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.
g. Old Business. This item is for city business which has been raised at a previous meeting and which has not been completed.
h. New Business. This item is for new city business which has not been previously presented to the City Council.
i. Council Deliberation.
I. Presiding Officer May Deliberate - The Mayor may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.
II. Getting the Floor - Improper References to be Avoided - Every member desiring to speak shall address the Mayor, and upon recognition shall confine himself/herself to the question under deliberation, avoiding negative references to personalities and indecorous language.
III. Interruptions - A Council member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question ofr order be determined, and if in order, said member shall be permitted to proceed.
IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next
8 meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.
V. Repeal or Amendment of Action Requiring More Than a Majority Vote - Any ordinance or resolution which is passed or adopted and which, as part of its terms, requires more than a majority vote of the Council in order to pass, a motion pursuant to such an ordinance or resolution shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution.
VI. Motion to Table - A motion to lay on the table is not debatable and shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority.
VII.Motion to Call for Question or Continue to a Date Specific - A motion to call for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.
VIII. Statement of Position - When a motion to call for the question is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business.
IX. Privilege of Closing Deliberation - The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.
X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.
XI. Second Required - All motions except for nominations and a point of order shall require a second.
XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
j.. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council
9 Member raising the request shall specify the type of follow-up they seek, among the following:
staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan. k. Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively and allow additional time for public review and participation.
l. Adjournment - Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting..
PASSED AND ADOPTED this 5
th day of December, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 5th day of December 2023.
____________________________
Heather Bell, CMC
City Clerk
CITY COUNCIL
REPORT
12A
DATE: MARCH 7, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANDREW MURRAY, CITY MANAGER
HEATHER BELL, CITY CLERK
SUBJECT: REVIEW CITY COUNCIL MEETING PROCEDURES
RECOMMENDATION
It is recommended that the City Council review the City Council Meeting Procedures, discuss proposed revisions, and provide direction to staff.
BACKGROUND
The Pinole City Council has established, by resolution, procedures for creating and posting City Council meeting agendas, the standard Council meeting agenda format, and procedures for conducting City Council meetings. The City Council has a tradition of reviewing the meeting procedures each year and considering revisions. The City Council has historically considered and adopted revisions, if any, in a two-step process. The City Council first reviews the resolution containing the current procedures and, if it would like any revisions, directs staff to update the resolution and return to Council at a subsequent meeting, at which the City Council adopts the resolution containing the current or revised procedures.
The current procedures are contained in Resolution 2022-07 (Attachment C), which was approved on February 1, 2022.
The current agenda format, as defined in the procedures, meets all relevant legal requirements, functions adequately, contains all the necessary categories, and is compliant with the Brown Act.
Staff is recommending that the City Council consider various changes to the Council procedures. The proposed changes are tracked in the revised document (Attachment A) for Council’s review and consideration. The changes that staff is recommending for Council consideration include some copy-editing changes addressing formatting and punctuation intended to improve clarity; some line editing changes addressing reorganization intended to better describe practices and improve clarify; and some edits that make substantive changes to the procedures. The main substantive change included for Council’s consideration is clarifying what items can appear on an agenda (Section 6).
City Council Report
March 7, 2023 2
FISCAL IMPACT
There is no fiscal impact associated with amending the Council meeting procedures.
ATTACHMENTS:
Attachment A: Draft Proposed Resolution – Tracked
Attachment B Draft Proposed Resolution – Clean
Exhibit A to the Resolution
Attachment C: Resolution 2022-07
RESOLUTION NO. 20223 - XX07
RESOLUTION OF THE CITY COUNCIL OF PINOLE, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES
FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF
MEETINGS
The Pinole City Council hereby repeals all prior resolutions related to the conduct of meetings, including Resolution 103-2003; 178-2003, 2005-02, 2007-07, 2007-86, 2008-74, 2009-124, 2012-08, 2012-127, 2014-67, and 2015-109, 2016-100, 2017-13, 2017-72, 2018-113, 2019-03, 2020-114, 2021-28, and 2021-68, and 2022-07 and resolves as follows:
1. Regular Meetings. Pursuant to Section 2.12.010 of the Municipal Code, a regular meeting of the Pinole City Council shall be held at 6:00 p.m. on the first and third Tuesdays of every month at the Council Chambers, 2131 Pear Street in Pinole, California. . Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be scheduled to start at a time other than 6:00 p.m. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be cancelled .Items are placed on the agenda under the respective section headings. Public Hearings are scheduled to commence on or around 7 p.m. pursuant to the Municipal Code.
2. Special Meetings. Upon the agreement of the City Manager and the Mayor and confirmation of the availability of a quorum of the City Council, a special meeting of the City Council may be scheduled. The date and time of a special meeting will be set in consideration of the likely availability of members of the public to attend at that date and time.
3.2. Closed Sessions. Closed Sessions of the Pinole City Council will customarily be held at 6 p.m. before the prior to the consideration of regular business items on the City Council agenda in Open Session. The City Council will endeavor to conclude Closed Session is scheduled to be concluded by or before 7 p.m. If all Closed Session business items cannot be completed during that time, Council may convene back into Closed Session following all of the Open Session business items that evening or the Closed Session items wilcanl either be held over to the next meeting, or Council may convene back into Closed Session following all the business items that evening.
43. Posting of Meeting Agenda. As required by the Brown Act, at least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting of the City Council, the City Clerk shall post the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website
54. Council Action Limited. As required by the Brown Act, the Council shall not take action on any item not appearing on the posted agenda unless:
A. It is determined by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the Council is present, the unanimous vote of the members present, that the need to take action arose after the posting of the agenda.
B. It is determined by a majority vote of the Council that an emergency situation as described in Government Code Section 54956.5 necessitated prompt action due to the disruption or threatened disruption of public facilities.
C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.
5. Posting Notices for Special Meetings. The call and notice of special meetings shall be posted at least twenty-four (24) hours on the bulletin board located outside of City Hall and Formatted: Not Highlight
Formatted: Indent: First line: 0"
ATTACHMENT A
2 online on the City’s website.
6. Agenda Preparation. The City Manager will in coordination with the Mayor identify the items, among those initiated by staff to carry out City functions and those approved by a majority of the City Council as Council requests for future agenda items, that will be included on each specific City Council meeting agenda. Only items that are staff initiated and approved by the City Manager, items that are approved by a majority of the City Council as Council requests for future agenda items, or proclamations/presentations requested by local jurisdictions or nonprofits. may appear on a Council meeting agenda except as noted above in the section regarding adding new agenda items after the posting deadline. Items may include those requested as future agenda items by the City Council and those needed by City staff to carry out City functions, and proclamations/presentations requested by local jurisdictions or non-profits. Staff The City Manager and the Mayor will endeavor not to include more items on a single agenda than the Council can reasonably address during a single meeting. Items requested as future agenda items by the City Council will be placed on a Council meeting agenda as soon as staff has had sufficient time to conduct any necessary preparations for the item. The City Manager may schedule items requested by Council as future agenda items for specific meeting dates based on specific time sensitivity or natural timing of the item. The City Council can establish a date certain, the feasibility of which it should confirm with staff, for a future agenda item when it approves a future agenda item. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.
7. Order of Business. Promptly at the hour appointed for each regular meeting, the members of the Council, the City Clerk, City Attorney, and City Manager, the Police Chief or his designee and such other staff members as the City Manager deems are necessary shall assemble in the Council Chambers or some other publicly announced location. The standard agenda items, their sequence, and the standard agenda format for a regular meeting is as shown below. The order of business may be suspended at any Council meeting by a majority vote of the members in attendance.
A statement of conflict must be disclosed by an official who has a conflict prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).
REGULAR MEETING AGENDA FORMAT
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
Formatted: Indent: Left: 0", Hanging: 0.5"
3 4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
EXAMPLES:
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:
Employee Organizations:
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:
OPEN SESSION WILL RECOMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may speak under may provide comment to the City Council on any matter under the subject matter jurisdiction of the City County any item not listed as an agenda item on thise Council meeting’s Aagenda.
Citizens may speak for The time limit is 3 minutes for City Council items and is subject to modification by the Mayor.
Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
7. REPORTS & COMMUNICATIONS
A. Mayor
1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager Report and Department Staff
F. City Attorney Report
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine or noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council Mmember(s) wishes to comment Formatted: Font: Bold, Underline
Formatted: Font: Bold, Underline
4 on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council Mmember wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar.
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication on a matter or with a party that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
11. OLD BUSINESS
12. NEW BUSINESS
13. CITIZENS TO BE HEARD (Public Comments)
Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT
END OF AGENDA FORMAT
8. Conflict of Interest. A statement of conflict must be disclosed by aAn official who has a conflict must disclose such prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).
98. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.
The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;
• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
Formatted: Font: 9 pt, Bold, Underline
Formatted: Justified
Formatted: Indent: First line: 0"
Formatted: Left
Formatted: No underline
Formatted: Indent: Left: 0", Hanging: 0.25"
5 109. Norms of Behavior and Code of Ethics and Conduct: The City Council has approved the Council Norms of Behavior, incorporated hereto as Exhibit A. The City Council has also approved a Code of Ethics and Conduct which is codified in Chapter 2.62.030.of the Pinole Municipal Code.
110. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.
121. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings and livestream on social media pages are kept in order to assist in the preparation of minutes.
After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.
132. Rules of Order. The following definitions and rules shall govern the proceedings and order of business of the Council:
a. Reports. Under the items Mayor and City Council Reports and Communications, City Manager Report and City Attorney Report of business entitled "Reports", the Council mayshall receive reports from Council Members, the City Manager, and the City Attorney, which are intended to be limited to approximately two (2) minutes from each individual.
Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager Report shall include a report on anticipated agenda items for the next meeting. b. Consent Calendar. Items listed under the “Consent Calendar” are considered to be routine or noncontroversial and will be enacted, approved, received or adopted by one motion in the form as shown on the agenda. A member of the public or Council member(s) wishing to comment on an item may do so before action is taken. If an item is removed from the Consent Calendar for discussion or response to questions, the items shall be removed from the Consent Calendar, and an action shall be taken to approve the balance of the Consent Calendar.
Immediately following, the items removed for discussion should be considered separately for action by Council. All matters under the Consent Calendar are considered to be routine and noncontroversial. All of the Consent Calendar items may be enacted together by one Council action. If any Council Member wishes to comment on a Consent Calendar item, they may do so before action is taken on the Consent Calendar. If, following comments, a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar.
c. Public Comment. Public comment, including Citizens to be Heard, is for members of the public to provide comments to the City Council on municipal affairs. Under Citizens to Be Heard, members of the public may provide comments to the City Council on any municipal affair not addressed by another agenda item. Public comment is not intended as a Formatted: Indent: First line: 1"
Formatted: Font: 11 pt, Not Italic
Formatted: Font: 11 pt, Not Italic
Formatted: Indent: First line: 1"
6 mechanism for members of the public to seek to have questions about municipal affairs answered by City staff, and City staff will generally not address public comments provided in the form of a question. Members of the public should seek to have questions about municipal affairs answered by directly contacting an appropriate City representative outside of a Council meeting. dc. Citizens To Be Heard. Citizens may may provide comment to the City Council on any matter not listed on this Council meeting’s agenda. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
Members of the public may address the Council on any item of interest that is within the jurisdiction of the Council. Individuals who want to speak should complete a card giving his/her name and the item number or description. Individuals will be heard during the Council's consideration of the item. If the item is not listed on the agenda, describe the subject matter on the card and it will be called under Citizens to be Heard, (Public Comment). Time limit is 3 minutes, subject to modification by the Mayor. Individuals may not share or offer time to another speaker.
dd. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:
I. All persons wishing to speak for or against a matter which has been set for Public Hearing are requested to complete a card giving his/her name and address, and to hand the card to the City Clerk as early as possible in the meeting. The cards can be found on the Clerk's desk or on a table located in the back of the Council Chambers.
II. The speakers shall address remarks to and through the Mayor.
III. Persons addressing the Council shall state their name, the city in which they reside, the interest they represent, if any, and shall state on which side of the argument they wish to be heard.
IV. Prior to opening the Public Hearing, the Mayor may request a staff report and presentation.
V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.
VI. Applicant/Appellant (10 minutes), subject to adjustment by the Mayor) - The applicant or his/her representative shall first address the Council and shall, in his/her first address, state all relevant reasons and present all Formatted: Font: 11 pt, Not Italic
Formatted: Font: 11 pt, Not Italic
Formatted: Font: Bold, Underline
Formatted: Indent: First line: 1"
7 relevant evidence on behalf of the application/matter.
VII.Opponent (5 minutes), subject to adjustment by the Mayor) – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.
VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.
IX. Public Comments will be (3 minutes per speaker), subject to adjustment by the Mayor). Any persons wishing to speak either in favor of, in opposition to, or simply to comment on the application/matter shall next be recognized by the Mayor in the order in which they present themselves.
X. Applicant Close (5 minutes, subject to adjustment by the Mayor) - After all persons desiring to speak on the application have completed their presentation and any written communications have been acknowledged, the applicant will be permitted 5 minutes to close the argument by presenting matter in rebuttal on presentation made in opposition to the application.
XI. If the applicant, in rebuttal, presents new evidence not covered in the original presentation, persons who have previously spoken on the application may be granted an opportunity to comment on the new evidence only.
XII.The applicant shall have the right to close the argument.
XIII. The Public Hearing shall then be concluded on the part of the public and brought to the Council level for discussion and decision. There is no further comment permitted from the audience unless requested by the Council.
XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument. ee. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above for Public Hearings.
f. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.
II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.
Formatted: Indent: Left: 0"
Formatted: Indent: Left: 1.25"
8 III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.
IV. Public Comment Discussion During Council Deliberation - Public discussion comment shall be allowed following the staff report and Council questions and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.
V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.
h
g.h. . Old Business .– This item is for city business which has been raised at a previous meeting and which has not been completed. hi. New Business. This item is for new city business which has not been previously presented to the City Council.
i.13. Council Deliberation.
I. Presiding Officer May Deliberate - The Mayor may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.
II. Getting the Floor - Improper References to be Avoided - Every member desiring to speak shall address the Mayor, and upon recognition shall confine himself/herself to the question under deliberation, avoiding negative references to personalities and indecorous language.
III. Interruptions - A Council member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question of or order be determined, and if in order, said member shall be permitted to proceed.
IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.
Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.
V. Repeal or Amendment of Action Requiring More Than a Majority Vote - Any Formatted: No underline
Formatted: No underline
Formatted: Underline
Formatted: Font: (Default) Arial, 11 pt, Font color: Auto, English (United States)
Formatted: Font: (Default) Arial, 11 pt, Not Bold, Font color: Auto, English (United States)
Formatted: Font: (Default) Arial, 11 pt, Underline, Font color: Auto, English (United States)
Formatted: Justified, Indent: Left: 0", First line: 1", No widow/orphan control, Pattern: Clear
Formatted: Underline
Formatted: Font: (Default) Arial, 11 pt, Underline, Font color: Auto
Formatted: Font: (Default) Arial, 11 pt, Underline, English (United States)
Formatted: No underline
Formatted: Font: (Default) Arial, 11 pt, Not Bold, English (United States)
Formatted: Font: (Default) Arial, 11 pt, English (United States)
Formatted: Font: (Default) Arial, 11 pt
Formatted: Indent: Left: 0.5", First line: 0.5"
Formatted: Indent: First line: 1"
9 ordinance or resolution which is passed or adopted and which, as part of its terms, requires more than a majority vote of the Council in order to pass, a motion pursuant to such an ordinance or resolution shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution.
VI. Motion to Table - A motion to lay on the table is not debatable and shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority.
VII.Motion to Call for Question or Continue to a Date Specific - A motion to call for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.
VIII. Statement of Position - When a motion to call for the question is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business.
IX. Privilege of Closing Deliberation - The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.
X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.
XI. Second Required - All motions except for nominations and a point of order shall require a second.
XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
j.14. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following:
staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction Formatted: Underline
Formatted: Indent: First line: 1"
10 from Council on how to resource and prioritize the special project within the City workplan. k... Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively and allow additional time for public review and participation.
l.15. Adjournment - Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting. to address specific items not yet taken up on the agenda.
16. Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively and allow additional time for public review and participation.
PASSED AND ADOPTED this 7th day of March, 20232, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 7th day of March 20232.
____________________________
Heather Bell, CMC
City Clerk
Formatted: Indent: First line: 1"
Formatted: Underline
Formatted: No underline
Formatted: Left
Formatted: Font: Not Bold
RESOLUTION NO. 2023 - XX
RESOLUTION OF THE CITY COUNCIL OF PINOLE, COUNTY OF CONTRA COSTA, STATE
OF CALIFORNIA, AMENDING AND SETTING FORTH COUNCIL MEETING PROCEDURES
FOR THE PREPARATION AND POSTING OF AGENDAS AND THE CONDUCT OF
MEETINGS
The Pinole City Council hereby repeals all prior resolutions related to the conduct of meetings, including Resolution 103-2003; 178-2003, 2005-02, 2007-07, 2007-86, 2008-74, 2009-124, 2012-08, 2012-127, 2014-67, and 2015-109, 2016-100, 2017-13, 2017-72, 2018-113, 2019-03, 2020-114, 2021-28, 2021-68, and 2022-07 and resolves as follows:
1. Regular Meetings. Pursuant to Section 2.12.010 of the Municipal Code, a regular meeting of the Pinole City Council shall be held at 6:00 p.m. on the first and third Tuesdays of every month at the Council Chambers, 2131 Pear Street in Pinole, California. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be scheduled to start at a time other than 6:00 p.m. Upon the agreement of the City Manager and the Mayor, a regular meeting of the City Council may be cancelled.
2. Special Meetings. Upon the agreement of the City Manager and the Mayor and confirmation of the availability of a quorum of the City Council, a special meeting of the City Council may be scheduled. The date and time of a special meeting will be set in consideration of the likely availability of members of the public to attend at that date and time.
3.. Closed Sessions. Closed Sessions of the Pinole City Council will customarily be held prior to the consideration of regular business items on the City Council agenda in Open Session. The City Council will endeavor to conclude Closed Session by or before 7 p.m. If all Closed Session items cannot be completed during that time, Council may convene back into Closed Session following all of the Open Session business items that evening or the Closed Session items can be held over to the next meeting,
4. Posting of Meeting Agenda. As required by the Brown Act, at least seventy-two (72) hours before a regular meeting, and twenty-four (24) hours before a special meeting , the City Clerk shall post the agenda containing a brief general description of each item of business to be transacted or discussed at the meeting. The agenda shall be posted on the bulletin board located outside of City Hall and online on the City’s website
5. Council Action Limited. As required by the Brown Act, the Council shall not take action on any item not appearing on the posted agenda unless:
A. It is determined by a two-thirds (2/3) vote of the Council, or if less than two-thirds (2/3) of the Council is present, the unanimous vote of the members present, that the need to take action arose after the posting of the agenda.
B. It is determined by a majority vote of the Council that an emergency situation as described in Government Code Section 54956.5 necessitated prompt action due to the disruption or threatened disruption of public facilities.
C. The item was posted for a prior meeting less than five (5) days previously and continued to the meeting where action is being taken.
6. Agenda Preparation. The City Manager will in coordination with the Mayor identify the items, among those initiated by staff to carry out City functions and those approved by a majority of the City Council as Council requests for future agenda items, that will be included on each specific City Council meeting agenda. Only items that are staff initiated and approved by the City Manager, items that are approved by a majority of the City Council as Council requests for future agenda items, or proclamations/presentations requested by local jurisdictions or non-profits
ATTACHMENT B
2 may appear on a Council meeting agenda except as noted above in the section regarding adding new agenda items after the posting deadline. The City Manager and the Mayor will endeavor not to include more items on a single agenda than the Council can reasonably address during a single meeting. Items requested as future agenda items by the City Council will be placed on a Council meeting agenda as soon as staff has had sufficient time to conduct any necessary preparations for the item. The City Manager may schedule items requested by Council as future agenda items for specific meeting dates based on specific time sensitivity or natural timing of the item. The City Council can establish a date certain, the feasibility of which it should confirm with staff, for a future agenda item when it approves a future agenda item. Cut-off time for placing items on the agenda shall be Wednesday, thirteen days preceding each regular Tuesday meeting, with the final agenda to be prepared by 5:00 pm of the Thursday preceding the meeting.
7. Order of Business. Promptly at the hour appointed for each meeting, the members of the Council, City Clerk, City Attorney, City Manager, the Police Chief or his designee and such other staff members as the City Manager deems necessary shall assemble in the Council Chambers or some other publicly announced location. The standard agenda items, their sequence, and the standard agenda format for a regular meeting is as shown below. The order of business may be suspended at any Council meeting by a majority vote of the members in attendance.
REGULAR MEETING AGENDA FORMAT
1. CALL TO ORDER & PLEDGE OF ALLEGIANCE IN HONOR OF THE US MILITARY TROOPS
2. LAND ACKNOWLEDGMENT
Before we begin, we would like to acknowledge the Ohlone people, who are the traditional custodians of this land. We pay our respects to the Ohlone elders, past, present, and future, who call this place, Ohlone Land, the land that Pinole sits upon, their home. We are proud to continue their tradition of coming together and growing as a community. We thank the Ohlone community for their stewardship and support, and we look forward to strengthening our ties as we continue our relationship of mutual respect and understanding.
3. ROLL CALL, CITY CLERK REPORT & STATEMENT OF CONFLICT An official who has a conflict must, prior to consideration of the decision: (1) publicly identify in detail the financial interest that causes the conflict; (2) recuse himself /herself from discussing and voting on the matter; and (3) leave the room until after the decision has been made, Cal. Gov't Code § 87105.
4. CONVENE TO A CLOSED SESSION
Citizens may address the Council regarding a Closed Session item prior to the Council adjourning into the Closed Session, by first providing a speaker card to the City Clerk.
EXAMPLES:
A. CONFERENCE WITH LABOR NEGOTIATOR
Pursuant to GC §54597.6
City Labor Negotiator:
Employee Organizations:
B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Pursuant to GC §54597
Public Employee Performance Evaluation:
3 OPEN SESSION WILL RECOMMENCE UPON COMPLETION OF CLOSED SESSION DISCUSSIONS, WHICH MAY OCCUR BEFORE 7:00 PM
5. RECONVENE IN OPEN SESSION TO ANNOUNCE RESULTS OF CLOSED SESSION
6. CITIZENS TO BE HEARD (Public Comments)
Citizens may provide comment to the City Council on any matter under the subject matter jurisdiction of the City County not listed as an agenda item on this Council meeting’s agenda. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
7. REPORTS & COMMUNICATIONS
A. Mayor
1. Announcements
B. Mayoral and Council Appointments
C. City Council Reports and Communications
D. Council Requests for Future Agenda Items and Other Staff Follow-Up E. City Manager Report
F. City Attorney Report
8. RECOGNITIONS / PRESENTATIONS / COMMUNITY ANNOUNCEMENTS A. Proclamations
B. Presentations/Recognitions
9. CONSENT CALENDAR
All matters under the Consent Calendar are considered to be routine or noncontroversial. These items will be enacted by one motion and without discussion. If, however, any interested party or Council Member(s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar.
10. PUBLIC HEARINGS
Citizens wishing to speak regarding a Public Hearing item should fill out a speaker card prior to the completion of the presentation, by first providing a speaker card to the City Clerk. An official who engaged in an ex parte communication on a matter or with a party that is the subject of a Public Hearing must disclose the communication on the record prior to the start of the Public Hearing.
11. OLD BUSINESS
12. NEW BUSINESS
13. CITIZENS TO BE HEARD (Public Comments)
Open only to members of the public who did not speak under the first Citizens to Be Heard, Agenda Item 6.
Citizens may speak under any item not listed on the Agenda. The time limit is 3 minutes for City Council items and
4 is subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting.
14. ADJOURNMENT
END OF AGENDA FORMAT
8. Conflict of Interest. An official who has a conflict must disclose such prior to consideration of the decision by publicly identifying in detail the financial interest that causes the conflict; recusing himself /herself from discussion and voting, and leaving the room until the decision has been reached (GC Section 87200).
9. Decorum. The City Council, elected by the public, must be free to discuss issues confronting the City in an orderly environment. Public members attending City Council meetings shall observe the same rules of order and decorum applicable to the City Council. Any person making impertinent, derogatory, or slanderous remarks or who becomes boisterous while addressing the City Council or while attending the City Council meeting may be removed from the room if the Presiding Officer so directs.
The City Council, staff, and the public shall observe the following standards of behavior that promote civility at all public meetings. These standards will be listed on the agenda coversheet for each meeting.
• Treat everyone courteously;
• Give open-minded consideration to all viewpoints;
• Listen to others respectfully;
• Focus on the issues and avoid personalizing debate; and • Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions.
10. Norms of Behavior and Code of Ethics and Conduct: The City Council has approved the Council Norms of Behavior, incorporated hereto as Exhibit A. The City Council has also approved a Code of Ethics and Conduct which is codified in Chapter 2.62.030.of the Pinole Municipal Code.
11. Approval of Minutes. A true copy of the minutes of proceedings of regular and special meetings not theretofore approved, as the same shall be entered in the journal of proceedings, shall be provided by the City Clerk to each Council member at least twenty-four (24) hours before regular meetings. Unless otherwise ordered by the Council, the City Clerk shall prepare and produce action minutes of the meetings, which may be approved without a public reading of the same. The minutes as approved by the Council shall be the permanent official record of the proceedings of the City Council.
12. Tape Recordings. Council meetings are televised live on Pinole’s Local Community Access Channel (Channel 26). Tape recordings and livestream of Council meetings
5 and livestream on social media pages are kept in order to assist in the preparation of minutes.
After the prepared minutes have been approved, video tape recordings shall be retained pursuant to the Citywide Records Retention Policy.
13. Rules of Order. The following definitions and rules shall govern the proceedings of the Council:
a. Reports. Under the items Mayor and City Council Reports and Communications, City Manager Report and City Attorney Report , the Council shall receive reports which are intended to be limited to approximately two (2) minutes from each individual.
Summaries of Council liaison (i.e., advisory committees and regional agencies) assignment meetings will be submitted by Council Members to the City Clerk periodically and be included as attachments to Council agendas and reflected in the minutes. The City Manager Report shall include a report on anticipated agenda items for the next meeting. b. Consent Calendar. All matters under the Consent Calendar are considered to be routine and noncontroversial. All of the Consent Calendar items may be enacted together by one Council action. If any Council Member wishes to comment on a Consent Calendar item, they may do so before action is taken on the Consent Calendar. If, following comments, a Council Member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the remainder of the Consent Calendar. c. Public Comment. Public comment, including Citizens to be Heard, is for members of the public to provide comments to the City Council on municipal affairs. Under Citizens to Be Heard, members of the public may provide comments to the City Council on any municipal affair not addressed by another agenda item. Citizens may speak for 3 minutes subject to modification by the Mayor. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future meeting. d. Public Hearings shall consist of matters wherein published notice has been given and where public hearings are required by law and such matters as the Council may deem necessary or desirable to schedule for public hearings. Anyone wishing to speak regarding a Public Hearing should fill out a speaker card prior to the completion of the staff presentation and submit it to the City Clerk. Individuals may not share or offer time to another speaker. The order of business for Public Hearings is as follows:
I. All persons wishing to speak for or against a matter which has been set for Public Hearing are requested to complete a card giving his/her name and address, and to hand the card to the City Clerk as early as possible in the meeting. The cards can be found on the Clerk's desk or on a table located in the back of the Council Chambers.
II. The speakers shall address remarks to and through the Mayor.
III. Persons addressing the Council shall state their name, the city in which they reside, the interest they represent, if any, and shall state on which side of the argument they wish to be heard.
IV. Prior to opening the Public Hearing, the Mayor may request a staff report
6 and presentation.
V. All persons wishing to be heard shall confine their remarks to the merits of the matter being considered and shall refrain from references to personalities.
VI. Applicant/Appellant (10 minutes, subject to adjustment by the Mayor) - The applicant or his/her representative shall first address the Council and shall, in his/her first address, state all relevant reasons and present all relevant evidence on behalf of the application/matter.
VII.Opponent (5 minutes, subject to adjustment by the Mayor) – The primary opponent representative to a project/application shall address the Council second and shall state all relevant reasons and present all relevant evidence on behalf of the opposition.
VIII. The Mayor shall next request the Clerk to read or acknowledge any written communication received on the application.
IX. Public Comments (3 minutes per speaker, subject to adjustment by the Mayor). Any persons wishing to speak either in favor of, in opposition to, or simply to comment on the application/matter shall next be recognized by the Mayor in the order in which they present themselves.
X. Applicant Close (5 minutes, subject to adjustment by the Mayor) - After all persons desiring to speak on the application have completed their presentation and any written communications have been acknowledged, the applicant will be permitted 5 minutes to close the argument by presenting matter in rebuttal on presentation made in opposition to the application.
XI. If the applicant, in rebuttal, presents new evidence not covered in the original presentation, persons who have previously spoken on the application may be granted an opportunity to comment on the new evidence only.
XII.The applicant shall have the right to close the argument.
XIII. The Public Hearing shall then be concluded on the part of the public and brought to the Council level for discussion and decision. There is no further comment permitted from the audience unless requested by the Council.
XIV. In matters set for Public Hearing before the City Council, the Mayor reserves the right to limit the length of time for argument. e. Appeals. Appeals shall be presented to the Council through the City Clerk and/or as required by law. Persons other than parties to the appeal may speak only by permission of the Council. The process for appellant/opposition speakers shall be the same as outlined above
7 for Public Hearings.
. Public Discussion
I. Permission - Any person addressing the Council shall first secure the permission of the presiding officer.
II. Not A Debate - Public discussion should not be used to elicit a debate between Council members or staff and the public.
III. Time Limits - The Council may establish time limits for the consideration of any agenda item as well as establish an overall time period for the consideration of any matter.
IV. Public CommentDuring Council Deliberation - Public comment shall be allowed following the staff report and Council questions and before deliberations. Speakers shall be allowed three minutes each, subject to modification by the Mayor.
V. Limit on Public Discussion After Motion to Terminate Deliberation - No discussion shall be permitted after a motion, which would terminate further deliberation, has been adopted.
g.. Old Business. This item is for city business which has been raised at a previous meeting and which has not been completed.
h. New Business. This item is for new city business which has not been previously presented to the City Council.
i. Council Deliberation.
I. Presiding Officer May Deliberate - The Mayor may deliberate from the chair, subject only to such limitations of deliberation as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges as a member of the Council by reason of his/her acting as the Mayor.
II. Getting the Floor - Improper References to be Avoided - Every member desiring to speak shall address the Mayor, and upon recognition shall confine himself/herself to the question under deliberation, avoiding negative references to personalities and indecorous language.
III. Interruptions - A Council member, once recognized, shall not be interrupted when speaking unless it is to call said member to order, or as herein otherwise provided. If a member, while speaking, be called to order, said member shall cease speaking until the question ofr order be determined, and if in order, said member shall be permitted to proceed.
IV. Motion to Reconsider - A motion to reconsider any action taken by the Council may be made only on the date such action was taken or the next meeting of the Council. Such motion must be made by one who voted on the prevailing side, and may be made at any time or while a member has the floor and have precedence over all other motions; it shall be debatable.
8 Nothing herein shall be construed to prevent any member of the Council from making or remaking the same other motion at a subsequent meeting of the Council or a motion to rescind.
V. Repeal or Amendment of Action Requiring More Than a Majority Vote - Any ordinance or resolution which is passed or adopted and which, as part of its terms, requires more than a majority vote of the Council in order to pass, a motion pursuant to such an ordinance or resolution shall require a vote of the same percent of the Council to repeal or amend the ordinance or resolution.
VI. Motion to Table - A motion to lay on the table is not debatable and shall preclude all amendments or deliberation of the subject under consideration. If the motion shall prevail, the consideration of the subject may be resumed only upon a motion of a member voting with the majority.
VII.Motion to Call for Question or Continue to a Date Specific - A motion to call for the question or continue the matter to a specific date shall preclude all amendments to or deliberation of the subject under consideration and is not debatable.
VIII. Statement of Position - When a motion to call for the question is adopted, each member of the Council may briefly state his/her position on the matter before roll call or call for the next item of business.
IX. Privilege of Closing Deliberation - The Council member moving the adoption of an ordinance or resolution shall have the privilege of closing the deliberations or making the final statement. Further, it shall be the privilege of the Mayor to close debate where the Mayor determines that further debate is not advancing deliberations.
X. Division of Question - If the question contains two (2) or more divisible propositions, the presiding officer may, and upon request of a member shall, divide the same.
XI. Second Required - All motions except for nominations and a point of order shall require a second.
XII.Miscellaneous - All other matters not covered by these rules shall be decided by a majority of the Council. Roberts' Rules of Order may be used for guidance. Further, this Resolution supersedes any prior resolutions relating to the conduct of Council meetings.
j.. Council Requests for Future Agenda Items and Other Staff Follow-Up – Under this agenda item, any Council Member may make a motion that an item be scheduled for discussion at a future City Council meeting or that staff conduct a specific follow-up task. The request must be approved by a majority vote of the Council in order to be carried out. The Council Member raising the request shall specify the type of follow-up they seek, among the following:
staff provide information on a topic to Council in a memorandum; staff schedule a presentation to Council by an outside party at a future Council meeting; staff schedule a report to Council by staff
9 at a future Council meeting; staff schedule an agenda item at a future Council meeting for staff to receive direction from Council on an issue; and staff present proposed City legislation/policy (resolution or ordinance) to Council at a future Council meeting. Council requests that staff conduct a special project that would require substantial staff time and/or substantial other City resources will be brought to Council as a future Council agenda item for staff to receive direction from Council on how to resource and prioritize the special project within the City workplan. k. Study Sessions and Workshops are special meetings of the City Council that provide in-depth information and give City Council members background and insight for addressing critical City issues more effectively and allow additional time for public review and participation.
l. Adjournment - Meetings will be adjourned at 11:00 p.m., unless Council approves a motion to extend the meeting..
PASSED AND ADOPTED this 7th day of March, 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 7th day of March 2023.
____________________________
Heather Bell, CMC
City Clerk
EXHIBIT A
ATTACHMENT C
EXHIBIT A
CITY COUNCIL
REPORT 9.I.
DATE: DECEMBER 5, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: STACY SHELL, HUMAN RESOURCES DIRECTOR
SUBJECT: APPROVE AND AUTHORIZE THE MAYOR TO EXECUTE THE
EMPLOYMENT AGREEMENT FOR NEIL GANG TO BECOME THE INTERIM
CITY MANAGER
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving and authorizing the Mayor to execute an employment agreement with Neil Gang to become the Interim City Manager.
BACKGROUND
On August 30, 2023, Pinole City Manager Andrew Murray announced that he would be leaving the City of Pinole at the end of September. Murry’s final day of employment was September 30, 2023.
At a special meeting on September 11, 2023, the City Council convened in a closed session to discuss the appointment of an Interim City Manager.
Following deliberations in closed session, the City Council directed staff to prepare a resolution appointing Police Chief Neil Gang as Interim City Manager effective October 1, 2023, until the City Council appoints a new permanent City Manager through a nationwide executive recruitment search. During the Interim City Manager appointment, Chief Gang will also continue to serve as Pinole’s Police Chief, fulfilling the full scope of duties of both positions.
The attached employment agreement was negotiated between the parties.
REVIEW AND ANALYSIS
Chief Gang comes to the Interim City Manager appointment with over 35 years of public service experience in law enforcement, including the last ten years with the City of Pinole’s Police Department. Chief Gang holds a master’s degree in law enforcement public safety leadership.
Approval of the agreement and authorization for the Mayor to execute it is now required. Once the agreement is executed, Chief Gang will be eligible to be compensated for hours worked as the Interim City Manager retroactive to October 1, 2023.
FISCAL IMPACT
The fiscal impact of this employment agreement is $43,783. The impact is offset with salary and benefits by the attrition of the current City Manager vacancy and Interim City Manager Gang’s continuation of service as Pinole’s Police Chief.
ATTACHMENTS
A. Interim City Manager Contract Resolution
B. Interim City Manager Employment Agreement - Exhibit A Final
ATTACHMENT A
RESOLUTION NO. 2023-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE THE EMPLOYMENT AGREEMENT FOR
NEIL GANG TO BECOME THE INTERIM CITY MANAGER
WHEREAS, previous City Manager Andrew Murray announced his separation on August 30, 2023, with an effective date of October 1, 2023; and WHEREAS, the Council convened in a closed session on September 11, 2023, to discuss the appointment of an Interim City Manager; and WHEREAS, following the closed session deliberations, the Council appointed Police Chief Neil Gang as Interim City Manager, effective October 1, 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PINOLE that the City Council does hereby approve and authorize the Mayor to execute the employment agreement for Neil Gang to become the Interim City Manager effective October 1, 2023, attached here to as Exhibit A, and incorporated herein by this reference.
PASSED AND ADOPTED this 5th day December 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was introduced, passed and adopted on this 5th day of December 2023.
____________________________
Heather Bell, CMC
City Clerk
Neil Gang – Interim City Manager
Employment Agreement 2023-2024
AGREEMENT FOR EMPLOYMENT OF
NEIL GANG
This Agreement is made and entered into by and between the City of Pinole ("City"), a general law city, and Neil Gang (or "EMPLOYEE"). This Agreement ("Agreement") will become effective as specified herein.
1. Appointment of EMPLOYEE as Interim City Manager
The City Council of the City of Pinole are authorized to negotiate the terms of an agreement with EMPLOYEE for his services through the City Attorney. The City Council and EMPLOYEE have engaged in such negotiations, and EMPLOYEE and the City now desire to agree in writing to the terms and conditions of EMPLOYEE'S employment as Interim City Manager.
2. Term of Agreement
This Agreement will become effective on the date this Agreement is approved by the City Council and executed by the Mayor, or in the Mayor's absence, the Mayor ProTem and EMPLOYEE. This Agreement and EMPLOYEE’s employment shall remain in effect for up to one (1) year from the date of such execution, or until a Permanent City Manager is appointed by the City Council, unless terminated in accordance with paragraph 5 herein. If no successor Agreement is entered into to extend EMPLOYEE’s employment beyond the one (1) year term, his appointment to Interim City Manager with the City shall end and he shall return to the position of Police Chief at his previous rate of pay. The City shall notify EMPLOYEE at least one (1) month in advance of agreement expiration of intent to extend or not extend agreement.
3. At-Will Employment
EMPLOYEE is an "at will" employee who shall serve at the pleasure of the City Council. Accordingly, the City Council may terminate EMPLOYEE'S employment as Interim City Manager at any time, with or without cause. This provision may not be altered except by a written instrument executed by EMPLOYEE and the City Council, which specifically references this Agreement and section.
4. Duties and Responsibilities
a. EMPLOYEE shall commence his duties as Interim City Manager on September 30, 2023, and will continue for a term of one (1) year through September 30, 2024, or until a Permanent City Manager is appointed by the City Council.
EMPLOYEE’s duties as Interim City Manager shall be concurrent with his existing duties as the City’s Police Chief.
b. EMPLOYEE shall serve as the Interim City Manager for the City subject to the terms and conditions set forth herein. EMPLOYEE shall also perform the functions and duties specified under the laws of the State of California, the Municipal Code of the City; the Ordinances and Resolutions of the City, the job description for the
Neil Gang – Interim City Manager
Employment Agreement 2023-2024
City Manager position, and such other duties and functions as the City Council may from time-to-time assign.
c. EMPLOYEE agrees to devote his productive time, ability, and attention to the City's business. As an exempt employee, EMPLOYEE shall not receive overtime or extra compensation for work performed outside normal business hours.
5. Termination of Employment as Interim City Manager and Severance a. EMPLOYEE may terminate this Agreement with or without cause, by giving the City Council thirty (30) days written notice in advance of termination.
During the notice period, all the rights and obligations of the parties under this Agreement shall remain in full force and effect.
b. The City Council may terminate this Agreement with or without cause, giving EMPLOYEE thirty (30) days written notice in advance of termination.
6. Compensation:
a. Effective September 30, 2023, EMPLOYEE shall be paid an annual base salary of THREE HUNDRED TEN THOUSAND FOUR HUNDRED TWENTY NINE DOLLARS ($310,429.00), less all applicable federal, state and local withholding. b. EMPLOYEE shall receive FOUR HUNDRED FIFTY DOLLARS
($450.00) monthly for an automobile allowance.
c. EMPLOYEE shall receive employee benefits equal to those provided to the Management and Confidential employee group. d. EMPLOYEE shall participate in a performance evaluation conducted by the City Council in February 2024.
7. Hours of Work
EMPLOYEE shall work a minimum of forty (40) hours per week on City and Successor Agency business. EMPLOYEE may work a 9/80 or other flexible work schedule, following consultation with the City Council.
8. Indemnification
The City shall provide for the defense of EMPLOYEE in any action or proceeding alleging an act or omission within the scope of EMPLOYEE’s employment in accordance with California Government Code sections 825, 995 et seq., and other applicable law.
Notwithstanding anything to the contrary in this Agreement, in accordance with California Government Code section 825, subdivision (a), the City reserves the right to not pay any judgment, compromise or settlement subject to that section until it is established that the injury arose out of an act or omission occurring within the scope of EMPLOYEE’s
Neil Gang – Interim City Manager
Employment Agreement 2023-2024
employment pursuant to this Agreement. Further, notwithstanding anything to the contrary in this Agreement, the City reserves the right to refuse to provide for the defense of EMPLOYEE for the reasons set forth in California Government Code section 995.2 or other applicable provisions of law. Any City funds provided for the legal criminal defense of EMPLOYEE shall be fully reimbursed in accordance with California Government Code section 53243.1 if EMPLOYEE is convicted of a crime involving an abuse of his office or position as defined in California Government Code section 53243.4.
9. Notices
Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The City:
Mayor of the City of Pinole
2131 Pear Street
Pinole, CA 94564
With a Copy to the:
City Attorney
2131 Pear Street
Pinole, CA 94564
b. Neil Gang:
To the address shown as current in the payroll system
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.
10. Abuse of Office
Government Code sections 53243, 53243.1, 53243.2, and 53243.3 are incorporated by this reference as if fully set forth herein.
11. Performance Evaluations
The City Council may review and evaluate the performance of EMPLOYEE as needed during the term of this Agreement.
12. Dues and Subscriptions
The City shall pay for the professional dues and subscriptions of EMPLOYEE necessary for his continuation and full participation in appropriate professional organizations.
Neil Gang – Interim City Manager
Employment Agreement 2023-2024
13. Professional Development
At the time of the execution of this Agreement, the parties acknowledge that EMPLOYEE is, or will be, a member of various professional and service organizations.
In addition, other organizations sponsor and offer short courses, institutes, seminars, and the like, which would be beneficial to EMPLOYEE'S professional development.
EMPLOYEE is permitted, encouraged, and in some instances, required by the City, to attend such meetings, activities, seminars, courses, institutes, and the like, as deemed appropriate by the City Council. EMPLOYEE'S registration, travel, subsistence, and other related expenses shall be paid in advance directly to the vendor or reimbursed to EMPLOYEE consistent with applicable City policy.
14. Miscellaneous
a. The text herein shall constitute the entire agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties.
b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.
c. This Agreement shall be governed by the laws of the State of California.
d. This Agreement may be executed in counterparts containing original signatures.
Neil Gang
Interim City Manager
DATE
Devin T. Murphy
Mayor
DATE
ATTEST: APPROVED AS TO FORM:
Heather Bell, CMC
City Clerk
Eric Casher
City Attorney
Neil Gang – Interim City Manager
Employment Agreement 2023-2024
Stacy R. Shell
Human Resources Director
CITY COUNCIL
REPORT 10.C.
DATE: DECEMBER 5, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: SELECTION OF MAYOR AND MAYOR PRO TEM
RECOMMENDATION
Staff recommends that the City Council approve resolution appointing Maureen Toms as Mayor and Cameron Sasai as Mayor Pro Tem, per the current Mayoral Rotation List.
BACKGROUND
The City of Pinole has a long-standing tradition, approved by City Council resolution, to select a Mayor and Mayor Pro Tem on an annual basis according to a system of succession that permits the Mayor and Mayor Pro Tem to gain sufficient experience prior to assuming their respective roles. The selection of Mayor and Mayor Pro Tem is made from a Mayoral List maintained by the City Clerk and based on a councilmember’s receipt of the highest votes in the prior election.
On October 19, 2010, Resolution 2010-87 was adopted by the City Council, approving the current succession procedures. Resolution 2010-87 requires the City Clerk to prepare and maintain a current mayoral rotation schedule in the form of a Mayoral List memorializing the mayoral ascension, following each Municipal election. The most recently approved rotation schedule, based on the 2022 Municipal Election of officers is contained as Attachment B.
On October 17, 2023, Mayor Murphy requested a future agenda item to review and consider amending the resolution regarding the selection of the Mayor and Mayor Pro Tem and the rotation list maintained by the City Clerk.
At the November 7, 2023 meeting, staff presented a report summarizing the Council's current procedure for selection of Mayor and Mayor Pro Tem. The City Council voted unanimously to maintain the current process and rotation schedule which lists Maureen Toms as the next Mayor and Cameron Sasai as the next Mayor Pro Tem.
REVIEW AND ANALYSIS
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
A. Resolution - Appointing Mayor and Mayor Pro Tem
B. 2022 Mayoral Rotation Schedule
C. Resolution 2010-87
ATTACHMENT A
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINOLE
APPROVING THE APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM WHEREAS, the City Council adopted Resolution No. 2010-87 regarding procedures for selecting the Mayor and Mayor Pro Tem each year; and WHEREAS, the City Clerk has maintained a Mayoral Rotation List in accordance with Resolution No. 2010-87; and
WHEREAS, per Resolution No. 2010-87, when the office of Mayor is vacated for any reason, the Mayor Pro Tem listed on the then-current Mayoral Rotation List shall succeed to the office of Mayor; and
WHEREAS, Mayor Devin Murphy’s one-year term as Mayor is expiring and Mayor Murphy will be vacating the office of Mayor; and
WHEREAS, per Resolution No. 2010-87, Mayor Pro Tem Maureen Toms shall succeed to the office of Mayor, and vacate the office of Mayor Pro Tem; and WHEREAS, per Resolution No. 2010-87, when the office of Mayor Pro Tem is vacated for any reason, the next Council Member listed on the then-current Mayoral Rotation List shall succeed to the office of Mayor Pro Tem; and WHEREAS, per the procedure laid out in Resolution No. 2010-87, Council Member Sasai is the next Council Member listed, and therefore shall succeed to the office of Mayor Pro Tem;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Pinole voted as documented below, and does hereby appoint the aforementioned officers to the offices of Mayor and Mayor Pro Tem; and
BE IT FURTHER RESOLVED that the Mayor and Mayor Pro Tem also serve as the Chair and Vice Chair of the Pinole Successor Agency to the Former Redevelopment Agency of the City of Pinole; and
BE IT FURTHER RESOLVED that the City Clerk is directed to administer the Oath of Office to the new officers.
ATTACHMENT A
PASSED AND ADOPTED this 5th day of December 2023, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted on this 5
th day of December 2023.
___________________________
Heather Bell, CMC
City Clerk
2022 MAYORAL ROTATION LIST
Procedure Approved by Resolution 2010-87;
Pursuant to the 2020 Election and Proposed for the 2022 Election results Received Accepted by the City Council: 12/6/22
MURPHY TOMS SASAI TAVE
FUTURE
ROTATION
DETERMINED
Established by highest
# of votes in
11/3/2020 Election
Established by 2nd highest
# of votes in 11/3/2020
Election
Established by
highest # of votes in
11/8/2022 Election
Established by 2nd
highest # of votes in
11/8/2022 Election
By the highest votes
received in the
November 2024
Election
Office Term: Office Term: Office Term: OfficeTerm: Office Term:
12/2020 – 12/2024 12/2020 – 12/2024 12/2022-12/2026 12/2022-12/2026 12/2024-12/2028 Mayor Term: Mayor Term: Mayor Term: Mayor Term: Mayor Term:
December December December December December
2022-2023 2023-2024 2024-2025 2025-2026 2026-2028
2022 MAYORAL ROTATION SCHEDULE
2 NEWLY
ELECTED
MEMBERS FROM
NOVEMBER 2022
ELECTION ADDED
TO CHART FOR
ROTATION
BEGINNING
DECEMBER 2024
RESOLUTION 2010-87
PROCUEDURES FOR SELECTING MAYOR & MAYOR PRO TEM
REAFFIRMATION OF THE MAYORAL ROTATION SCHEDULE APPROVED IN 2003 WHEREAS, the City Council of the City of Pinole adopted Resolution 3211 on February 6, 1996 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and:
WHEREAS, the City Council of the City of Pinole adopted Resolution 3285 on December 17, 1996, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 109-2000 on February 15, 2000, concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted Resolution 179-2003, amending the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole adopted a minute order action on January 19, 2009 concerning the procedure for selecting the Mayor and the Mayor Pro Tempore; and WHEREAS, the City Council of the City of Pinole intends to adopt a single resolution to ratify the actions and reaffirm the former procedure (Resolution 109-2000) for selection of the Mayor and Mayor Pro Tempore; NOW, therefore, the City Council of the City of Pinole does hereby resolve as follows:
It is in the best interest of the City of Pinole that the councilmembers that shall serve as Mayor and Mayor Pro Tempore are selected by the City Council annually according to a system of succession that permits the Mayor and Mayor Pro Tempore to gain sufficient experience prior to assuming their respective offices. It is appropriate to base such succession on rotation, seniority and election results in accordance with the following:
1. Mayoral List. The City Clerk shall maintain a Mayoral List in accordance with this Resolution.
The City Clerk shall update the Mayoral List for Council affirmation, following each council election and council vacancy that occurs. The Mayoral List in effect as of the adoption date of this Resolution is attached as Exhibit A to this Resolution.
2. Succession Generally, When a position on the Mayoral List is vacated for any reason, except as otherwise provided in this Resolution, the next councilmember listed on the Mayoral List shall succeed to the vacant position in accordance with the Mayoral List and this Resolution.
3. Succession to Mayor, When the office of Mayor is vacated for any reason, the Mayor Pro Tempore listed on the then-current Mayoral List shall succeed to the office of Mayor.
4. Succession to the Office of Mayor Pro Tempore. When the office of Mayor Pro-tempore is vacated for any reason, the next councilmember listed on the then-current Mayoral List shall succeed to the office of Mayor Pro Tempore.
1 ATTACHMENT B
5. Placement of the Outgoing Mayor on the Mayoral List. The name of the outgoing Mayor shall be placed at the end of the Mayoral List, unless the outgoing Mayor is re-elected (in that election year), in which case, Section 6 shall apply.
6, Placement of Newly Elected Councilmembers on the Mayoral List. The names of the highest vote getters among newly elected councilmembers (incumbent or non-incumbent) shall be placed on the Mayoral List after incumbent councilmembers in order of most votes received, but before the outgoing Mayor unless the outgoing mayor is re-elected at the same election, in which case the outgoing Mayor shall also be placed on the list in order of votes received.
7. Placement on the Mayoral List of Non-Incumbent Councilmembers Newly Elected or Appointed to Fill Vacancies. Non-incumbent councilmembers newly elected or appointed to fill vacancies on the City Council shall be placed last on the Mayoral List, but above the outgoing Mayor, if any, at the time the vacancy is filled,
8. Councilmembers’ Right to Decline the Offices of Mayor and Mayor Pro Tempore. Councilmembers may decline to succeed to the office of Mayor or Mayor Pro Tempore pursuant to the Mayoral List and this Resolution. When a councilmember so declines to succeed to such office, such office shall pass to the next councilmember listed on the Mayoral List that is eligible pursuant to this Resolution to succeed to such office.
The names of councilmembers that so decline to succeed to the office of Mayor or Mayor Pro Tempore shall be placed on the Mayoral List immediately following the name of the councilmember that succeeds to such office, notwithstanding any other provision of this Resolution.
9. Removal of Mayor by Council Vote, Councilmembers that have succeeded to the office of Mayor in accordance with the Mayoral List and this Resolution may be removed from that office by a majority vote of the full Council. Such removed Mayor shall be treated the same as an outgoing Mayor for purposes of the Mayoral List and this Resolution.
This resolution supercedes Resolutions 3211 and 3285, 109-2000, and 179-2003, and any prior minute order actions, which are hereby repealed and of no further force or effect.
THE FOREGOING RESOLUTION WAS ADOPTED this 19th day of October 2010, by the following vote:
AYES: COUNCILMEMBERS: Banuelos, Fujita, Long, Murray, Swearingen NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Patricia Athenoui1lMC
City Clerk
2
EXHIBIT A to Resolution 2010-87
MAYOR ROTATION LIST
October 19, 2010 — Current Status
LONG SWEARINGEN MURRAY FUJITA BANUELOS
(2nd place vote (2nd highest (Outgoing Mayor Served 1/2 year Appointed August recipient in vote recipient in 12/2008, & term as Mayor in 18, 2008, fill Feb 08 in Nov 4, 2008 highest vote May 2008, when vacancy from Vacancy Election- recipient in Horton resigned Horton’s Council /Recall 1 time switch Nov 4, 2008 as Mayor resignation
Election) with Murray Election) 7/21/08
per 1/13/2009
minute order
December December December December December
2009-2010 2010-2011 2011-2012 2011-2012 2012-2013
POST NOVEMBER 2, 2010 ELECTION
SWEARINGEN MURRAY New member New member 2 NEWLY New member (2nd highest vote (Outgoing Highest vote 2nd Highest vote ELECTED 3rd Highest vote getter in recipient in Nov4, Mayor in getter in 2010 getter in 2010 MEMBERS FROM 2010 election —will never 2008 Election- 12/2008, & election Election NOVEMBER 2012 ascend to Mayor unless re I time switch with highest vote Term Dec Term Dec 2010- ELECTION ADDED elected in Nov 2012 as 1st Murray per recipient in 2010-Dec 2014 Dec 2014 TO CHART FOR or 2nd highest 1/13/2009 minute Nov 4, 2008 ROTATION Term Dec 2010-Dec 2014 order Election) BEGINNING
DECEMBER 2014
December December December December December
2010-2011 2011-2012 2012-2013 2013-2014 2014-2015
3
CITY COUNCIL
REPORT 12.A.
DATE: DECEMBER 5, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: HEATHER BELL, CITY CLERK
SUBJECT: NOMINATE COUNCIL MEMBERS TO SERVE ON BOARDS AND
SUBCOMMITTEES
RECOMMENDATION
City staff recommends that the City Council nominate Council Members to serve as City representatives on specific boards and subcommittees in 2024. The City Council will have the opportunity to approve the nominations at the next City Council meeting, on January 16, 2024.
BACKGROUND
City Council Members serve as representatives of the City on the boards of numerous joint powers authorities and other regional bodies. Council Members also serve on subcommittees that the City Council creates from time to time.
The Pinole City Council’s practice has been to make appointments of Council Members to serve as representatives on various external boards and Council subcommittees on an annual basis, in December, in coordination with the appointment of a new Mayor and Mayor Pro Tem, and because some appointments are based on mayorship. Revisions to the list are also made throughout the year in accordance with Council action and to reflect creation of new committees and/or appoint new representatives. The City Clerk maintains the most recent version of the list.
State law requires that each city publish a list of these councilmember assignments. This is referred to as the Council Committee Assignment List.
REVIEW AND ANALYSIS
Attached find a list of the various joint powers authorities and other regional bodies to which the City Council appoints a Council Member to serve as a representative, as well as the Council subcommittees that the Council has created over time. Staff has pre-populated the draft 2024 appointment list based on the standard mayoral succession and 2023 assignments (the 2023 appointment list is attached for reference). Note that Council created the following new subcommittee in 2023, which are listed in the draft 2023 appointment list:
Item 18. City Seal Ad Hoc Subcommittee
Staff has removed the following subcommittee from the list as its work has been completed.
Item 18. Project Labor Agreement (PLA) Ad Hoc Subcommitee The Mayor will lead a discussion during which the Council will review the list, discuss and make nominations or reaffirm the currently assigned Council members to each body. Staff will make changes to the draft 2024 appointment list based on Council nominations at the December 5, 2023 Council meeting and disseminate a revised list with a resolution for approval by the City Council at the next City Council meeting.
Following approval of the list, a copy will be provided to the Council and to the
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
A. 2023 Council Assignments
B. DRAFT 2024 Councilmanic Assignments For COUNCIL REVIEW
1 2023 COUNCIL ASSIGNMENTS -
JOINT POWERS AUTHORITIES AND OTHER INTERAGENCY REGULATORY BODIES OF
WHICH THE CITY IS A MEMBER
1. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG)
Meetings: Spring General Assembly, / Fall General Assembly Dates TBD Delegate Attendance Mandatory at the 2 Annual Assembly Meetings Ex. Board meets 3rd Thursdays @ 7 p.m. in Jan., Mar., July, Sept. & Nov.
Contact: Clerk of the Board: Fred Castro (415) 820-7913 Delegate: Toms Alternate: Sasai
NOTE: Membership Reinstated in FY 2015- Approved September 2015
2. MARIN CLEAN ENERGY (MCE)
Meetings: 3rd Thursday of every month at 7:00 p.m.
Location: Rotational locations
Contact: Darlene Jackson, Board Clerk and Executive Assistant (415) 464-6032 Delegate: Murphy Alternate: Toms
3. PINOLE / HERCULES WASTEWATER SUBCOMMITTEE
Meetings: Quarterly meetings required by the original agreement - currently conduct monthly meetings on 1st Thursday at 8:30 a.m.
Location: Location alternates between cities
Delegates: Tave/Toms Alternate: Murphy
4. WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA, “RECYCLEMORE”)
Meetings: Meets monthly – 2nd Thursday at 7:00 p.m.
Location: San Pablo City Hall Council Chambers, One Alvarado Square, San Pablo Contact: 510-215-3125 Executive Director: Peter Holtzclaw Delegate: Tave Alternate: Murphy
5. WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) Meetings: Meets monthly - Last Friday of every month from 8 a.m. to 10 a.m.
Location: El Cerrito City Hall
Contact: Staff Person: 510-210-5933, 510-210-5931
Delegate: Tave Alternate: Sasai
6. WESTERN CONTRA COSTA TRANSIT AUTHORITY (“WESTCAT”)
Meetings: 2nd Thursday monthly at 6:30 p.m. (amended 5/6/09) Location: Pinole Council Chambers, 2131 Pear Street
Contact: Staff: Mica McFadden - 724-3331 ex. 113
Delegate: Sasai/Toms Alternate: Murphy
2 VOLUNTARY INTERAGENCY COLLABORATION BODIES OF WHICH THE CITY IS A MEMBER
7. BAYFRONT CHAMBER OF COMMERCE
Meetings: TBA
Location: Varies
Delegate: Sasai
8. CONTRA COSTA MAYORS CONFERENCE
Meetings: First Thursday of each month at 6:30 p.m.
Location: Rotational locations
Delegate: (Mayor) Murphy (Mayor Pro Tem) Toms
9. EAST BAY DIVISION, LEAGUE OF CALIFORNIA CITIES
Meetings: 4th Thursday of every other month, except August & December Board Meeting 6:30 p.m. / General Membership: 7:00 p.m.
Location: Rotational locations
Contact: Dawn Abrahamson, (925) 989-5674
Delegate: (Mayor) Murphy (Mayor Pro Tem) Toms
10. WEST COUNTY MAYORS AND SUPERVISORS ASSOCIATION
Meetings: 4th Thursday, monthly at 8:30 a.m.
Location: Rotational: Jan – June (Hercules) July – December (Richmond) Contact: Hercules – Lori Martin
Delegate: (Mayor) Murphy: (Mayor Pro Tem) Toms
SUBCOMMITTEES OF THE PINOLE CITY COUNCIL
11. FINANCE SUBCOMMITTEE:
Meetings: Meet Quarterly/As Needed
Delegates: Mayor, Mayor Pro Tem & City Treasurer
Contact: City Manager, Finance Director, & City Clerk
Created: (Res. 2005-15)
12. COMMITTEE ON MEMORIALS
(limited duration / specific focus)
Meetings: TBD
Attendees: Tave/Toms
Created: November 1, 2016
13. MUNICIPAL CODE AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Meetings: TBD
Attendees: Tave/Toms
14. PLANNING COMMISSION INTERVIEW AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Toms/Martinez-Rubin
3 15. TAPS AND COMMUNITY SERVICES COMMISSION INTERVIEW AD-HOC
SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Tave/Sasai
16. PARTICIPANTS IN FORMATION PROCESS OF EAST BAY WILDFIRE PREVENTION
AND VEGETATION MANAGEMENT JOINT POWERS AUTHORITY
(limited duration / specific focus)
Meetings: TBD
Contacts: Toms/Tave
17. TECHNOLOGY AND COMMUNICATION SUBCOMMITTEE
Meetings: TBD
Attendees: Murphy/Tave
Created: October 19, 2021
18. PROJECT LABOR AGREEMENT AD HOC SUBCOMMITTEE
Meetings: TBD
Attendees: Tave/Toms
Created: November 1, 2022
1 2023 COUNCIL ASSIGNMENTS -
FOR COUNCIL REVIEW
JOINT POWERS AUTHORITIES AND OTHER INTERAGENCY REGULATORY BODIES OF
WHICH THE CITY IS A MEMBER
1. ASSOCIATION OF BAY AREA GOVERNMENTS (ABAG)
Meetings: Spring General Assembly, / Fall General Assembly Dates TBD Delegate Attendance Mandatory at the 2 Annual Assembly Meetings Ex. Board meets 3rd Thursdays @ 7 p.m. in Jan., Mar., July, Sept. & Nov.
Contact: Clerk of the Board: Fred Castro (415) 820-7913 Delegate: Toms Alternate: Sasai
NOTE: Membership Reinstated in FY 2015- Approved September 2015
2. MARIN CLEAN ENERGY (MCE)
Meetings: 3rd Thursday of every month at 7:00 p.m.
Location: Rotational locations
Contact: Darlene Jackson, Board Clerk and Executive Assistant (415) 464-6032 Delegate: Murphy Alternate: Toms
3. PINOLE / HERCULES WASTEWATER SUBCOMMITTEE
Meetings: Quarterly meetings required by the original agreement - currently conduct monthly meetings on 1st Thursday at 8:30 a.m.
Location: Location alternates between cities
Delegates: Tave/Toms Alternate: Murphy
4. WEST CONTRA COSTA INTEGRATED WASTE MANAGEMENT AUTHORITY (WCCIWMA, “RECYCLEMORE”)
Meetings: Meets monthly – 2nd Thursday at 7:00 p.m.
Location: San Pablo City Hall Council Chambers, One Alvarado Square, San Pablo Contact: 510-215-3125 Executive Director: Peter Holtzclaw Delegate: Tave Alternate: Murphy
5. WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE (WCCTAC) Meetings: Meets monthly - Last Friday of every month from 8 a.m. to 10 a.m.
Location: El Cerrito City Hall
Contact: Staff Person: 510-210-5933, 510-210-5931
Delegate: Tave Alternate: Sasai
6. WESTERN CONTRA COSTA TRANSIT AUTHORITY (“WESTCAT”)
Meetings: 2nd Thursday monthly at 6:30 p.m. (amended 5/6/09) Location: Pinole Council Chambers, 2131 Pear Street
Contact: Staff: Mica McFadden - 724-3331 ex. 113
Delegate: Sasai/Toms Alternate: Murphy
2 VOLUNTARY INTERAGENCY COLLABORATION BODIES OF WHICH THE CITY IS A MEMBER
7. BAYFRONT CHAMBER OF COMMERCE
Meetings: TBA
Location: Varies
Delegate: Sasai
8. CONTRA COSTA MAYORS CONFERENCE
Meetings: First Thursday of each month at 6:30 p.m.
Location: Rotational locations
Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
9. EAST BAY DIVISION, LEAGUE OF CALIFORNIA CITIES
Meetings: 4th Thursday of every other month, except August & December Board Meeting 6:30 p.m. / General Membership: 7:00 p.m.
Location: Rotational locations
Contact: Dawn Abrahamson, (925) 989-5674
Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
10. WEST COUNTY MAYORS AND SUPERVISORS ASSOCIATION
Meetings: 4th Thursday, monthly at 8:30 a.m.
Location: Rotational: Jan – June (Hercules) July – December (Richmond) Contact: Hercules – Lori Martin
Delegate: (Mayor) Toms (Mayor Pro Tem) Sasai
SUBCOMMITTEES OF THE PINOLE CITY COUNCIL
11. FINANCE SUBCOMMITTEE:
Meetings: Meet Quarterly/As Needed
Delegates: Mayor, Mayor Pro Tem & City Treasurer
Contact: City Manager, Finance Director, & City Clerk
Created: (Res. 2005-15)
12. COMMITTEE ON MEMORIALS
(limited duration / specific focus)
Meetings: TBD
Attendees: Tave/Toms
Created: November 1, 2016
13. MUNICIPAL CODE AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Meetings: TBD
Attendees: Tave/Toms
14. PLANNING COMMISSION INTERVIEW AD-HOC SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Toms/Martinez-Rubin
3 15. TAPS AND COMMUNITY SERVICES COMMISSION INTERVIEW AD-HOC
SUBCOMMITTEE
(limited duration / specific focus)
Attendees: Tave/Sasai
16. PARTICIPANTS IN FORMATION PROCESS OF EAST BAY WILDFIRE PREVENTION
AND VEGETATION MANAGEMENT JOINT POWERS AUTHORITY
(limited duration / specific focus)
Meetings: TBD
Contacts: Toms/Tave
17. TECHNOLOGY AND COMMUNICATION SUBCOMMITTEE
Meetings: As Needed
Attendees: Murphy/Tave
Created: October 19, 2021
18. PROJECT LABOR AGREEMENT AD HOC SUBCOMMITTEE
Meetings: TBD
Attendees: Tave/Toms
Created: November 1, 2022
18. City Seal Ad Hoc Subcommittee
Meetings: As Needed
Attendees: Sasai/Martinez-Rubin
Created: XX