EAST CONTRA COSTA COUNTY
HABITAT CONSERVANCY
DATE: February 22, 2021
TO: Governing Board
FROM: Conservancy Staff (Abigail Fateman)
SUBJECT: Periodic Fee Audit and Nexus Study
RECOMMENDATION
ADOPT the 2017 East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study (“Study”) consistent with requirements in the HCP/NCCP for periodic review of the HCP/NCCP fees.
DISCUSSION
BACKGROUND
The East Contra Costa County HCP/NCCP requires automatic annual adjustments to HCP/NCCP Mitigation Fees based on economic indices as well periodic audits in years 3, 6, 10, 15, 20, and 25 of the Plan’s implementation. The periodic audits are conducted to assess whether changes in HCP/NCCP implementation cost s over time require adjustment of fees. Th e 2017 East Contra Costa County HCP/NCCP Mitigation Fee Audit a nd Nexus S tudy (“Study”) was prepared to comply with this requirement. This Study also include d a Post Permit Funding Strategy to fund preserve management and monitoring following the 30- year term of the HCP/NCCP.
A fee update report was prepared in 2011 by Economic Planning Systems (EPS). The r eport was updated by a team assembled by Will dan Associ ates in March 2013 and subsequently adopted by the Conservancy Boa rd in June 2013. T hough the Conservancy adopted the updated fee schedule, the participating cities and the County did not adopt the audited fee schedule. The Conservancy currently has two fee schedules – one that is used by the cities and the County, and another that is used by the Conservancy in permitting projects proposed by Participating Special Entities.
CONTINUED ON ATTACHMENT: Yes
ACTION OF BOARD ON: February 22, 2021 APPROVED AS RECOMMENDED:
OTHER:
VOTE OF BOARD MEMBERS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION
TAKEN AND ENTERED ON THE MEETING RECORD OF THE CONSERVANCY GOVERNING BOARD ON THE DATE SHOWN.
ATTESTED
____________________________________________________________________ John Kopchik, SECRETARY OF THE EAST CONTRA COSTA COUNTY
HABITAT CONSERVANCY
BY:____________________________________________________________, DEPUTY
UNANIMOUS
AYES:
NOES:
ABSENT:
ABSTAIN:
172
Agenda Item 7
On October 24, 2016, the Board approved the selection of a team assembled by U rban Economics to perform the Periodic Fee Audit, including the information necessary to support the nexus findings the participating cities and the County may make under the Mitigation Fee Act, a fee burden analysis , and the identification of funds for po st-permit term funding . When the Board approved the previous Audit in 2013, it recommended to complete an analysis of post - permit costs as a part of the Year 10 audit. T hough the HCP/NCCP provides an additional five years to complete this analysi s (by Year 15, 2022), the Board directed staff to pursue a more aggressive schedule. The Urban Eco nomics team has completed this task and it is presented in the Study.
FEE STUDY
Urban Economics, working with Hausrath Economic Group, prepared the Conservancy’s Year- 10 Fee review en titled, East Contra Costa County HCP/ NCCP Mitigation Fee Audit and Nexus Study, June 2017. The Study includes an Executive Summary which provides a concise summary of the results of the analysis. This Study was presented to the Conser vancy Board in June 2017 as Draft, but never adopted due to pending litigation.
The proposed changes to the f ees (development and wetland fees) modify both of the fee schedules currently used in implement ing the HCP /NCCP. After the Conservancy, the County and the cities adopt the Fee Study, there will be one fee schedule in use by all applicants.
DETERMINING FEE AMOUNTS
The participating cities and the County have the responsibility and authority to adjus t the fees in effect for their jurisdictions. The ro le of the Conservancy is to conduct the periodic f ee audits, determine fees t o be charged to Participating Special Entities ,1 and refer the results of the audit to the participating cities and the County. Adjustments made pursuant to th e 2017 Study would serve as the Year 10 periodic fee audit under the HCP/NCCP.
(continued next page)
1 Participating Special Entities are organizations with projects not subject to the land use authority of the cities or the County who opt into coverage under the HCP/NCCP through agreements with the Conservancy. 173
Agenda Item 7
Development F ees: Table E.2, excerpted from the Study’s executive summary , provides an overview of the recommended adjustments to the development fees (see below).
Table E.2: Development Fee Comparison
Current
Fee (2017) Fee
Audit
(2017)
Fee Audit Compared
To:
Zone
Cities/
County Conservancy
Cities/
County Conservancy
Zone 1 14,711 13,491 14,078 (4.3%) 4.4%
Zone 2 29,423 26,983 28,156 (4.3%) 4.3%
Zone 3 7,356 6,746 7,039 (4.3%) 4.3%
Note: "Cities/County" fees are imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. "Conservancy" fees reflect the results of the 2011 and 2013 audits and are imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.
Sources: Table 6.3.
The proposed fees are down about 4% from those currently charged by the cities and the County and up a s imilar amount from those charged by the Conservancy (which reflect the last audit approved in 2013), despite including a new cost c omponent to fund an endowment for post permit costs.
Wetland Mitigation Fees: The June 2017 Study provides recommendations on changes to the Wetland Mitigation Fees, as summarized in the Executive Summary in Table E.3 (included below).
Table E.3: Wetland Mitigation Fee Comparison
Current
Fee (2017) Fee
Audit
(2017)
Fee Audit
Compared To:
Land Cover Type
Cities/
County
Conserv
-ancy
Cities/
County
Conserv
-ancy
Riparian per acre $ 76,433 $ 98,978 $ 90,039 18% (9%) Perennial Wetland per acre 104,593 145,423 $136,456 30% (6%) Seasonal Wetland per acre 226,617 337,101 $319,330 41% (5%) Alkali Wetland per acre 214,549 340,512 $322,820 50% (5%) Aquatic (Open Water) per acre 113,979 184,474 $175,719 54% (5%) Aquatic (Open Water) per acre 57,660 92,237 $87,860 52% (5%) Slough / Channel per acre 130,070 134,428 $125,463 (4%) (7%) Streams (<=25 ft. wide) per linear foot 623 376 $463 (26%) 23% Streams (>25 ft. wide) per linear foot 939 564 $695 (26%) 23% Note: "Cities/County " fees ar e imposed by Permittees (participating cities and the County) and have been adjusted annually for inflation since Plan adoption but do not reflect the results of fee audits. "Conservancy" fees reflect th e results of the 2011 and 2013 audits and ar e imposed on participating special entities (PSEs) that apply for coverage under the Plan but are not a Permittee.
Sources: Table 5.2.
For the non -stream wetlands, the costs of restorati on are substantially higher than originally estimated under the HCP/NCCP. The opposite is the case for strea ms. As stated in the March 174
Agenda Item 7
2013 Report, t he reason for these changes is that estimates developed for the Plan did not have the benefit of actual project cost experience in eastern Contra Costa County gained since year 1.
The 2017 Study proposes fe es that are fairly similar to the 2013 Report (small reductions for all wetland fees other than those for streams).
Updated 2020 and 2021 Fee Schedule : In addition to the periodic Fee Study, the Conservancy annually adjusts fees based on the Consumer Price Index (CPI) and the Home Price Index (HPI) using a formula in the HCP/NCCP. The fees in the Study are for 2017. These have further been updated to reflect the annual adjustments m ade in 2018, 2019 and 2020. And next mont h, in March 2021, the Conservancy will adjust fees using the CPI and HPI to determine the 2021 fee schedule.
Table 1: 2020 Mitigation Fee Schedule Based On 2017 Fee Audit Land Cover
Fee
Basis
Current 2020 Fee
Updated
2020 Fee
Based
On 2017
Fee Audit
Change from
Current 2020 Fee
Cities/
County
Conserv-
ancy
Cities/
County
Conserv-
ancy
Development Fee
Zone 1 per acre $17,140 $15,694 $16,442 (4.1%) 4.8%
Zone 2 per acre $34,280 $31,387 $32,884 (4.1%) 4.8%
Zone 3 per acre $8,571 $7,847 $8,221 (4.1%) 4.8%
Wetland Fee
Riparian per acre $84,240 $109,088 $99,235 17.8% (9.0%) Perennial Wetland per acre $115,275 $160,276 $150,393 30.5% (6.2%) Seasonal Wetland per acre $249,763 $371,531 $351,945 40.9% (5.3%) Alkali Wetland per acre $236,462 $375,291 $355,792 50.5% (5.2%) Ponds per acre $125,621 $203,316 $193,666 54.2% (4.7%) Aquatic (Open Water) per acre $63,549 $101,658 $96,834 52.4% (4.7%) Slough / Channel per acre $143,355 $148,158 $138,277 (3.5%) (6.7%) Streams (<=25 ft. wide) per ln ft. $687 $414 $510 (25.7%) 23.2% Streams (>25 ft. wide) per ln ft. $1,035 $621 $766 (26.0%) 23.3%
POST-PERMIT FUNDING
The original HCP/NCCP adopted fees, as well as the updated fees from the Ma rch 2013 Report, excluded post-permit costs: Preserve System management a nd monitoring costs beyond the 30- year term of the HCP. This was a major policy consideration during the development of the Plan.
At the time of drafting the HCP/NCCP, there was more uncertainty on the costs of post-permit funding relative to other costs, in-part because it was not known at that time how much partne rs, such as East Bay Regional Park District (“EBRPD”), might be involved in assembling the Preserve System and how that w ould affect costs including pos t permit costs . Consequently, costs beyond year 30 were not included in the development fee calculations and a section entitled 175
Agenda Item 7
“Funding for Post-Permit Management and Monitoring” was included in Chap ter 9 of the Plan (beginning on page 9-40).
The Conservancy Board dire cted staff (during the 2013 Fee Study) to develop a post -permit funding strategy by Year 10. This is five years earlier than required by the HCP/NCCP. The fee adjustments in this Study incorporate funding an endowment to provide pos t-permit funding for the Conservancy’s Preserve Lands. Table 4.2 from the 2017 Fee Study provides an overview of revenue needs and endowment growth to secure an endowment for post-permit funding.
Table 4.2: Post-Permit Funding
Initial
UDA
Maximum
UDA
Endowment Opening Balance (Year 10) $2,200,000 $1,750,000 Endowment Revenue (Years 10-30) 45,930,000 57,290,000 Endowment Investment Earnings (Years 10-30) 21,660,000 26,060,000 Endowment Fund Balance (Year 30) $69,790,000 $85,100,000 Annual Distribution Rate (Year 31+) 3.25% 3.25%
Annual Distribution (Year 31+) $2,270,000 $2,770,000 Annual Lease Revenue (Year 31+) 250,000 250,000
Annual Endowment Funding (Year 31+) $2,520,000 $3,020,000 Source: Appendix E, Tables E.1 and E.2.
The Conservancy has taken action to establish a long-term funding mechanism. In June 2019, the Board reviewed proposals from potential endowment holders and directed staff to negotiate an endowment agreement with the Regional Park s Foundation (“ RPF”). The Board approved an endowment agreement and took action to transfer funds to RPF. By the beginning of November 2020 (Year 13), the endowment account had received deposits totaling $3.1M. The 2017 Fee Study anticipated the post-permit term funding starting in 2017 (year 10) and that there would be an opening balance of $2.2M.
The Conservancy is taking a closer look at the endowment funding sources identified in the 2017 Fee Study. Sources dis cussed in clude: fee revenue, co ntribution to recovery revenue s, administrative fees, lease revenue, existing real estate transfer fees, and other potential revenue sources. The Conservancy is working with Urban Economics to complete an endowment strategy for Board approval later in 2021.
ATTACHMENTS
• East Contra Costa County HCP/N CCP M itigation Fee Audit and Nexus St udy, ( Draft June 2017, Final February 2020)
• Memo: From Bob Spencer to Conservancy RE: Updated 2020 Fees (February 16, 2020) 176
City of Pittsburg
Community and Economic Development Department – Planning Division 65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4920 | Fax: (925) 252-4814
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the PITTSBURG CITY COUNCIL will conduct a public hearing on:
DATE: March 7, 2022
TIME: 7:00 p.m.
PLACE: Zoom Teleconference via Streaming Media on the City’s homepage, www.pittsburgca.gov (see public advisory on last page)
Concerning the following matter:
Adoption of a City Council Resolution Approving an Update to the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Mitigation Fees.
On April 16, 2007, the City Council adopted Resolution 07-10745 approving the East Contra Costa County HCP/NCCP, a regional conservation and mitigation plan for natural resources in East County.
HCP/NCCP chapter 9, “Funding,” outlines estimated costs for implementing the HCP/NCCP and identifies development-based mitigation fees as a source of funding to offset development impacts to natural resources. The development mitigation fee amounts were established by City Council Resolution 07-10898 and have since been adjusted annually according to housing and consumer price indices. The HCP/HCCP requires periodic audits in years three, six, 10, 15, 20 and 25 of implementation to assess whether changes in HCP/NCCP implementation costs require an additional adjustment of the mitigation fees.
PROJECT CONTACT: Jordan Davis, (925) 252-4015 or [email protected] Why am I receiving this notice?
You are receiving this notice because you have either previously requested notifications from the Planning Division.
Where can I get more information about this project?
The complete file for this project is available for public inspection; please contact the project planner listed above to make necessary arrangements.
What can I do if I have comments on the project?
Written comments citing the project name may be emailed to the project planner listed above or may be mailed to: Pittsburg Planning Division, 65 Civic Avenue, Pittsburg, CA 94565. Written comments received by 5:00 P.M. on the date of the meeting will be provided to the City Council. You may also register your comments or objections by attending the virtual public hearing (see advisory on next page for instructions on how to register a phone-in comment). Pursuant to Section 65009 of the California Government Code, if you challenge this matter in court, you may be limited to those issues you or someone else raised at the public hearing described in this notice, or in written correspondence on the matter delivered to this agency at, or prior to the public hearing. Any written correspondence delivered to the Planning Division before the hearing body’s action on the matter will become a part of the administrative record. ______________________________
ALICE E. EVENSON
CITY CLERK
177
Project Title: Adoption of a City Council Resolution Approving an Update to the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Mitigation Fees
Location: City-wide
PUBLIC ADVISORY:
THE CITY COUNCIL CHAMBER WILL NOT BE OPEN TO THE
PUBLIC
This meeting will be held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective Oct. 1, 2021, pursuant to the Governor’s Executive Order N-15-21.
On February 7, 2022, the City Council authorized teleconferenced meetings of the City Council and Commissions upon findings made in Resolution 22-14054 as required by state law. City Council Members will be participating electronically and will not be physically present in the Council Chamber.
Pursuant to Government Code Section 54953(e)(3), the Council/Board/Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.
Live comments during this meeting will be allowed by members of the public via Zoom teleconferencing. To participate in the meeting via Zoom, please see the City Council agenda for detailed instructions.
The City of Pittsburg thanks you in advance for taking all precautions to prevent the spread of the COVID 19 virus.
178
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Nominating Two City Council Members to the Los Medanos Health Advisory Committee
MEETING DATE: March 7, 2022
EXECUTIVE SUMMARY
The dissolution of the Los Medanos Community Healthcare District (District) in 2018 appointed Contra Costa County (County) as successor agency to the District. One condition of the dissolution is for the County to establish the Los Medanos Health Advisory Committee (Committee) to advise the Board of Supervisors (BOS) on how best to allocate ad valorem property tax dollars previously controlled by the District. The Committee is composed of seven (7) seats, including two (2) to be nominated by the City.
FISCAL IMPACT
There is no fiscal impact with the nomination of 2 City Council members to the Committee.
RECOMMENDATION
City Council adopt the Resolution nominating 2 City Council members to the Committee.
BACKGROUND
In November 2017, the County submitted an application to the Contra Costa Local Agency Formation District (LAFCO) to dissolve the District. On July 10, 2018, the BOS adopted a resolution amending its original application to LAFCO to include a plan for providing comprehensive health-related services within the District’s territory. As part of the amended application, the BOS adopted Resolution No. 2018/436, which created the Committee which consisted of five (5) members. The BOS formed the Committee to identify health disparities within the District’s borders and to make recommendations related to a grant program to be conducted in the District’s territory.
On September 12, 2018, LAFCO Commission voted unanimously to approve the County’s application with the following conditions:
1.The number of members on the Committee to be increased from 5 to 7. 179
2. At least 85% of the tax revenue received by the County from the relevant property tax increment must be expended on programs and grants in the District’s territory.
3. If the real property currently owned by the District is sold or otherwise transferred by the County, any profits generated by the transaction are to be directed to healthcare related service programs within the District’s territory.
On November 6, 2018, BOS Resolution 2018/543, established a 7-member Committee consisting of the following members:
• 2 members nominated by the City.
• 2 members nominated by the Bay Point Municipal Advisory Committee. • 1 member nominated by the County’s Public Health Division. • 1 member nominated by the County’s Behavioral Health Division. • 1 member nominated by the BOS, based on a recommendation from the Internal Operations Committee of a resident of Pittsburg or Bay Point (an at-large representative).
SUBCOMMITTEE FINDINGS
Not applicable.
STAFF ANALYSIS
City Council is requested to nominate 2 City Council members to become members of the Committee.
The initial term of office will be 2 years for the following members:
• 1 member appointed by the BOS upon the recommendation from the City. • 1 member appointed by the BOS upon the recommendation from the Bay Point Municipal Advisory Council.
• The member appointed by the BOS upon the recommendation the County’s Public Health Division.
• The member appointed by the BOS upon the recommendation of the County’s Internal Operations Committee.
The initial term of office will be three (3) years for the following members:
• 1 member appointed by the BOS upon the recommendation from the City. • 1 member appointed by the BOS upon the recommendation from the Bay Point Municipal Advisory Council.
• The member appointed by the BOS upon the recommendation the County’s Public Health Division.
Following the initial terms, each seat will have a 3-year term. If a vacancy occurs, a replacement will be selected and appointed by the BOS upon the nomination of the entity that nominated the prior holder of the seat. The newly-appointed member will serve the remainder of the term of the prior holder of the seat.
Upon the expiration of a member’s term, the member is eligible to be reappointed by the BOS. Each appointed member of the Committee serves at the pleasure of the BOS and may be removed, at will, by a majority vote of the BOS.
The Committee will advise the BOS on the development and implementation of the Los Medanos Area Health Plan Grant Program (Plan) and shall:
180
• Develop a Plan that identifies the major health disparities that impact residents of the District’s territory and priorities for improving health outcomes. The Plan will be presented to the BOS for review and will not be final unless adopted by the BOS. The Committee may engage an outside consultant to assist in developing the Plan. The Committee shall submit an updated Plan for approval by the BOS no less than every 5 years. • Solicit proposals from service providers interested in participating in the Plan and capable of addressing the priorities outlined in the adopted Plan. Funding for grants will be provided from (i) a special fund established by the Auditor-Controller, at the direction of the BOS, that is used to segregate the property tax revenue received by the County as a result of the dissolution of the District, and (ii) any other funds made available to the grant program. • Monitor the efficacy of the programs to which grants are made. • Report to the BOS no less than once per year on the execution of the adopted Plan, the grants provided under the grant program, the results achieved through the adopted Plan and the grant program, and other matters that relate to the Committee’s purpose and duties.
Committee members will serve without compensation of any kind, and the BOS will not provide funds for the payment of Committee meeting stipends.
The City is required to submit the nominations by March 18, 2022 for presentation to the BOS for consideration on March 31, 2022.
ATTACHMENTS: Resolution
Report Prepared By: Melaine Venenciano, Senior Administrative Analyst 181
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Nominating Two City Council Members to the )
Los Medanos Health Advisory Committee ) RESOLUTION NO. 22- WHEREAS, the dissolution of the Los Medanos Community Healthcare District (District) in 2018 appointed Contra Costa County (County) as successor agency to the District; and
WHEREAS, one condition of the dissolution is for the County to establish the Los Medanos Health Advisory Committee (Committee) to advise the Board of Supervisors (BOS) on how best to allocate ad valorem property tax dollars previously controlled by the District; and
WHEREAS, the Committee is composed of seven (7) seats, including two to be nominated by the City; and
WHEREAS, the City is required to submit the nominations by March 18, 2022 for presentation to the BOS for consideration on March 31, 2022.
NOW, THEREFORE BE IT RESOLVED that the City Council nominates two City Council members to the Committee.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of March 2022 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Mayor
ATTEST:
Alice E. Evenson, City Clerk
182
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director/City Manager
SUBJECT: Adoption of Resolutions Making Findings in Support of Continuing to Hold Public Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
MEETING DATE: 3/7/22
EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.
FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.
RECOMMENDATION
The City Council, Housing Authority, Successor Agency Governing Board, Southwest Pittsburg GHAD II, Pittsburg Arts and Community Foundation, and Pittsburg Power Company Governing Board adopt the attached resolutions and hold remote public meetings for the next 30 days.
BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Among these were Executive Orders—N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”) — that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.
On June 11, 2021, the Governor issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 established an end date to the Brown Act Orders, effective September 30, 2021. 183
On September 16, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a majority of the legislative body. As detailed in the attached resolutions, findings were made on February 7, 2022, and are effective for 30 days.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Local legislative bodies such as a city council that wish to continue meeting by teleconference must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.
Specifically, newly amended Government Code Section 54953 requires the following procedures:
o Give notice and post agendas as otherwise required by the Brown Act; o List on the agenda how the public can electronically attend and comment at the meeting.
Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
o Provide an opportunity to comment in advance of and during the meeting; o Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
o No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
o All votes must be via rollcall;
o Comply with state and federal civil rights and non-discrimination laws; and o Take all precautions to protect the statutory and constitutional rights of the public.
While it only applies in situations where the Governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.
As COVID waned in November 2021, the local legislative bodies authorized partially teleconferenced meetings, with members of the bodies attending in person. However, given the recent spike in COVID cases, a return to fully teleconferenced meetings may be warranted. A fully teleconferenced meeting to consider the matter is authorized by AB 361.
The City Council resolution, if approved, would also authorize teleconferenced meetings of the Planning Commission, Community Advisory Commission, and all other commissions, and subcommittees. The remaining resolutions authorize the respective local legislative bodies to meet by teleconference.
Making the findings would allow teleconferenced meetings for the next 30 days.
ATTACHMENTS: Resolutions
184
Report Prepared By: Garrett Evans, Executive Director/City Manager 185
Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and
WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing, and
186
Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
WHEREAS, following an improvement in the incidence of COVID cases, the City Council adopted Resolutions on November 29, 2021, December 20, 2021, January 18, 2022 and February 7, 2022 to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the City Council hereby approves meetings of the City Council, Planning Commission, Community Advisory Commission, and any other commission or subcommittee, to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Mayor
ATTEST:
Alice E. Evenson, City Clerk
187
Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE GOVERNING BOARD OF THE SOUTHWEST PITTSBURG GEOLOGIC
HAZARD ABATEMENT DISTRICT II
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
WHEREAS, on October 4, 2021, and November 1, 2021, the Board adopted a resolution authorizing teleconferenced meetings; and
188
Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, following an improvement in the incidence of COVID cases, the Board on November 29, 2021, December 20, 2021, January 18, 2022 and February 7, 2022 adopted a resolution to authorize meetings with public participation by teleconference and in-person attendance by members of the Board, and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Southwest Pittsburg Geologic Hazard Abatement District II hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the Governing Board of the Southwest Pittsburg Geologic Hazard Abatement District II hereby approves meetings to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the Governing Board of the Southwest Pittsburg Geologic Hazard Abatement District II at a regular meeting on the 7th day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
Alice E. Evenson, Agency Secretary
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Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY OF THE
CITY OF PITTSBURG
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing, and
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Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, on October 4, 2021, the Board adopted a resolution authorizing teleconferenced meetings, and adopted a similar resolution on November 1, 2021; and WHEREAS, following an improvement in the incidence of COVID cases, the Board on November 29, 2021, December 20, 2021, January 18, 2022 and February 7, 2022, adopted a resolution to authorize meetings with public participation by teleconference and in-person attendance by members of the Board, and on December 20, 2021, a similar resolution failed for lack of a quorum, and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the Housing Authority Governing Board hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the Housing Authority Governing Board hereby approves meetings to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the Housing Authority Governing Board at a regular meeting on the 7th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
Alice E. Evenson, City Clerk
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Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE GOVERNING BOARD OF THE PITTSBURG ARTS
AND COMMUNITY FOUNDATION
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, the Pittsburg Arts and Community Foundation is a 501(c)(3) nonprofit formed for the purpose of providing assistance to the City of Pittsburg and its Bylaws provide at Article III Section 1 that meetings of the board shall be held in compliance with the Brown Act; and
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
192
Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
WHEREAS, on October 4, 2021, and November 1, 2021, the Board adopted a resolution authorizing teleconferenced meetings; and
WHEREAS, following an improvement in the incidence of COVID cases, the Board on November 29, 2021, December 20, 2021, January 18, 2022, and February 7, 2022 adopted a resolution to authorize meetings with public participation by teleconference and in-person attendance by members of the Board, and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Pittsburg Arts and Community Foundation hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the Governing Board of the Pittsburg Arts and Community Foundation hereby approves meetings to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the Governing Board of the Pittsburg Arts and Community Foundation at a regular meeting on the 7th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
Alice E. Evenson, Agency Secretary
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Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE PITTSBURG POWER COMPANY GOVERNING BOARD
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing, and;
WHEREAS, on October 4, 2021, and November 1, 2021, the Board adopted a resolution authorizing teleconferenced meetings; and
194
Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, following an improvement in the incidence of COVID cases, the Board on November 29, 2021, December 20, 2021, January 18, 2022, and February 7, 2022 adopted a resolution to authorize meetings with public participation by teleconference and in-person attendance by members of the Board, and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the Pittsburg Power Company Governing Board hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the Pittsburg Power Company Governing Board hereby approves meetings to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the Pittsburg Power Company Governing Board at a regular meeting on the 7th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
Garrett Evans, Executive Secretary
195
Resolution No. 22- Page 1 of 2 March 7, 2022
BEFORE THE GOVERNING BOARD OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG
In the Matter of:
Making Findings in Support of Continuing to )
Hold Public Meetings By Teleconference ) RESOLUTION NO. 22- Pursuant to California Government Code )
Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing, and
196
Resolution No. 22- Page 2 of 2 March 7, 2022
WHEREAS, on October 4, 2021, and November 1, 2021, the Board adopted a resolution authorizing teleconferenced meetings; and
WHEREAS, following an improvement in the incidence of COVID cases, the Board on November 29, 2021, and December 20, 2021, January 18, 2022, and February 7, 2022 adopted a resolution to authorize meetings with public participation by teleconference and in-person attendance by members of the Board, and
WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID has increased markedly.
NOW, THEREFORE BE IT RESOLVED that the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Pittsburg hereby makes the following findings:
1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.
2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, issued a recommendation for social distancing, among other recommendations, during public meetings.
BE IT FURTHER RESOLVED that the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Pittsburg hereby approves meetings to be held by teleconference, in compliance with California Government Code Section 54953(e).
PASSED AND ADOPTED by the Governing Board of the Successor Agency to the Redevelopment Agency of the City of Pittsburg at a regular meeting on the 7th day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Holland Barrett White, Chair
ATTEST:
Alice E. Evenson, Agency Secretary
197
Special City Council Meeting Minutes Page 1 of 2 February 14, 2022
CITY OF PITTSBURG
SPECIAL CITY COUNCIL MEETING MINUTES
DATE: February 14, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
This meeting was held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective October 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On November 29, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff will be participating virtually. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/ Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.
Mayor White called the Meeting of the City Council to order at 5:03 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA for Commission Candidate Interviews.
ROLL CALL
All Members were present.
PUBLIC COMMENTS
There were no public comments.
CANDIDATE INTERVIEWS
The following candidate interviews were held:
1. Youth Commission Candidates
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Special City Council Meeting Minutes Page 2 of 2 February 14, 2022
2. Community Advisory Commission (CAC) Candidates
3. Planning Commission Candidates
4. Contra Costa Mosquito and Vector Control District
(Reappointment – no interview needed)
ADJOURNMENT
The City Council adjourned at 6:20 P.M. to February 22, 2022.
Respectfully submitted,
Alice E. Evenson, City Clerk
199
Special City Council Meeting Minutes Page 1 of 2 February 22, 2022
CITY OF PITTSBURG
SPECIAL CITY COUNCIL MEETING MINUTES
DATE: February 22, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
This meeting was held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective October 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On November 29, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff participated virtually. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/ Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.
Mayor White called the Meeting of the City Council to order at 5:35 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA for Commission Candidate Interviews.
ROLL CALL
Member Banales was absent and excused.
PUBLIC COMMENTS
There were no public comments.
CANDIDATE INTERVIEWS
The following candidate interviews were held:
1. Community Advisory Commission (CAC) Candidate
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Special City Council Meeting Minutes Page 2 of 2 February 22, 2022
2. Planning Commission Candidate
ADJOURNMENT
The City Council adjourned at 5:55 P.M.
Respectfully submitted,
Alice E. Evenson, City Clerk
201
Combined Agency/City Council Minutes Page 1 of 5 February 22, 2022
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: February 22, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
This meeting was held in compliance with California Government Code Section 54953(e)(2), which was added by Assembly Bill 361 which became effective October 1, 2021, pursuant to the Governor’s Executive Order N-15-21. On November 29, 2021, the City Council authorized hybrid meetings of the City Council and Commissions upon findings made in Resolution 21-13997 as required by state law. In addition, all Boards authorized teleconferenced meetings. City Council Members/Board Members/Commissioners and appropriate staff participated virtually. The Public will continue virtual participation via Zoom. Pursuant to Government Code Section 54953(e)(3), the Council/Board/ Commission authorization is effective for 30 days and may be extended every 30 days if the Council/Board/Commission makes required findings.
Mayor White called the Meeting of the City Council to order at 7:10 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening in Closed Session at 6:00 P.M. for the following items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957:
City Manager
2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:
Agency designated representatives: Mary Egan of Management Resource Group (MRG)
Unrepresented employee: City Manager
There was no reportable action taken in Closed Session. 202
Combined Agency/City Council Minutes Page 2 of 5 February 22, 2022
ROLL CALL
Member Banales was absent and excused.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on COVID-19 management and upcoming City events.
PUBLIC COMMENTS
There were no public comments.
COMMITTEE REPORTS
There were no committee reports.
CONSIDERATION
3. Adoption of a City Council Resolution Approving a Rate Increase Requested by Pittsburg Disposal and Debris Box Service, Inc. for Refuse, Recycling, and Organics Collection
Mark Linde, Pittsburg, commented.
On Motion by Member Killings, seconded by Member Craft to adopt and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
4. Adoption of a City Council Resolution Allocating Funds for City’s Share of Construction Costs for West San Marco Park
On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
5. By Minute Order, Select Commission Appointments to Vacancies on the Planning Commission, Community Advisory Commission, Youth Advisory Commission, and the Contra Costa Mosquito and Vector Control District
On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to appoint Siu Ling (Arlene Kobata) to the Planning Commission and carried by the following vote:
203
Combined Agency/City Council Minutes Page 3 of 5 February 22, 2022 AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Vice-Mayor Scales-Preston, seconded by Member Killings to re- appoint Sarah Foster to the Planning Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Member Killings, seconded by Vice-Mayor Scales-Preston to appoint Alvin Jackson to the Planning Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to re-appoint Patt Young to the Community Advisory Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Vice-Mayor Scales-Preston, seconded by Member Craft to re-appoint Karen Lewis Foster to the Community Advisory Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to appoint Kesha Hackett to the Community Advisory Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Member Craft, seconded by Member Killings to appoint Richard Ainsley to the Contra Costa Mosquito and Vector Control District Board and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
On Motion by Member Craft, seconded by Member Killings to appoint Kathryn Jackson to the Youth Advisory Commission and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
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Combined Agency/City Council Minutes Page 4 of 5 February 22, 2022
CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.
COMBINED CITY COUNCIL, PITTSBURG HOUSING AUTHORITY, PITTSBURG ARTS AND
COMMUNITY FOUNDATION, PITTSBURG POWER COMPANY AND SOUTHWEST
PITTSBURG GHAD II AND SUCCESSOR AGENCY CONSENT CALENDAR On Motion by Vice-Mayor/Chair Scales-Preston, seconded by Member Craft to adopt and carried by the following vote:
AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
6. Minutes of February 7, 2022
7. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Employees in the Pittsburg Police Managers’ Group for the Period July 1, 2021–June 30, 2022
8. Adoption of a City Council Resolution Authorizing the City to Submit a Notice of Intent to Comply with Senate Bill 1383 to the California Department of Resources Recycling and Recovery
9. Receive and File the Treasurer’s Report for the Quarter Ending December 31, 2021
10. Adoption of a City Council Resolution Accepting the Plans and Specifications and Authorizing Award of Project 5006, Buchanan Road Emergency Waterline Repair Project
11. Adoption of a City Council Resolution to Accept Project 5004, East 9th Street Water and Sewer Improvements Project as Complete and Authorize the City Engineer to File a Notice of Completion
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
Vice Mayor Scales-Preston thanked the volunteers at the Shower Program each weekend.
Member Craft also commented on the volunteers at the Shower Program.
Mayor White thanked Member Craft and Vice Mayor Scaled-Preston for inviting him to the Shower Program. He noted it was a very worthwhile project and thanked everyone involved in bringing the program to the City.
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Combined Agency/City Council Minutes Page 5 of 5 February 22, 2022
ADJOURNMENT
The City Council adjourned at 8:28 P.M. to March 7, 2022.
Respectfully submitted,
Alice E. Evenson, City Clerk
206
Office of the City Manager
65 Civic Avenue
Pittsburg, CA 94565
MEMO: March 7, 2022
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
RE: Adoption of a City Council Resolution Establishing the Maximum Number of Condominium Conversions for Calendar Year 2022
EXECUTIVE SUMMARY
Section 17.44.070 of the Pittsburg Municipal Code (PMC), limits the number of apartments that can be converted annually to condominiums to an amount established by the City Council at the beginning of each calendar year. If approved by Council, the proposed resolution would establish the maximum number of condominium conversions for the year 2022.
FISCAL IMPACT
There is no fiscal impact associated with the establishment of the maximum number of condominium conversions for the year 2022.
RECOMMENDATION
City Council adopt the attached resolution allowing a maximum of 473 apartment units to be converted to condominiums in 2022.
BACKGROUND
In 1986, the City Council adopted Ordinance No. 86-897 amending the subdivision ordinance (PMC Title 17) to limit the number of rental units that may be converted annually to individually owned condominiums. Pursuant to that ordinance and current PMC section
17.44.070, the number of units that may be converted is a policy decision to be made by the City Council, set on an annual basis at the beginning of each calendar year.
The total number of multifamily rental units eligible to be converted is derived by calculating the total number of existing multifamily rental units in the City (in buildings with two or more residential units) and subtracting the total number of rental units with existing, approved condominium maps.
Staff found the number of multifamily rental units by conducting a query of specific use codes in the Contra Costa County database, including duplex, triplex, fourplex, 207
City Council Staff Report
Annual Condominium Conversion Rate
March 7, 2022
combinations, and apartments. The total number of multifamily rental units found in the City of Pittsburg was 5,063. Of these units, 332 have existing, approved condominium maps (Delta Hawaii Senior Apartments with 24 units, La Almenara with 20 units, Lakeview Apartments with 132 units, and Leland Terrace Apartments with 156 units). If subtracted from the total number of existing multi-family rental units in the City of Pittsburg, the net total number of rental units eligible for conversion under the condominium conversion ordinance is 4,731.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a Subcommittee.
STAFF ANALYSIS
For the past thirty-six years, the City Council has adopted a policy of allowing up to 10 percent of its exiting multi-family rental housing stock to be converted to condominiums.
However, no condominium conversions have been approved (or requested) since 2006, where the Planning Commission approved the condo conversion of Creekside Senior Apartments (88 units). However, in 2007, the Planning Commission adopted a resolution to rescind this condo conversion.
Staff recommends a continued policy of allowing up to 10 percent of rental units without pre- existing final or tentative condominium maps to be converted to condominiums for this calendar year. This policy decision would allow a maximum of 473 rental units to be converted to condominium units during the 2022 calendar year. This would be consistent with past actions and ensures housing opportunities and housing affordability for low and moderate-income households.
ATTACHMENTS
Resolution
Report Prepared By: Celina Palmer, AICP, Associate Planner 208
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Resolution to Establish the Maximum )
Number of Condominium Conversions for )
Calendar Year 2022, in Accordance with ) RESOLUTION NO. 22- Section 17.44.070 of the Pittsburg )
Municipal Code )
WHEREAS, Pittsburg Municipal Code section 17.44.070 provides in part that the maximum number of apartment units that may be approved for condominium conversion in any one calendar year shall be limited to a number established by City Council resolution at the beginning of that same calendar year; and
WHEREAS, based on the above, the City Council wishes to establish the maximum number of units that may be approved for conversion to condominiums during the 2022 calendar year; and
WHEREAS, City staff has determined that as of January 1, 2022, there are 4,731 rental units in buildings of two or more units in the City that are not covered by pre-existing final condominium maps.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg, in accordance with section 17.44.070 of the Pittsburg Municipal Code, hereby establishes the maximum number of 473 apartment units that may be approved for conversion to condominiums during the 2022 calendar year.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of March 2022, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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