Agenda — Pittsburg City Council, November 7, 2022 (part 1 of 2)

CITY OF PITTSBURG
AGENDA
NOVEMBER 07, 2022

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

CLOSED SESSION
6:00 P.M.

REGULAR MEETINGS
7:00 P.M.

CITY COUNCIL

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice- Mayor/Chair
Juan Antonio Banales, Council Member/Board Member
Jelani Killings, Council Member/Board Member
Marilyn “Merl” Craft, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts. All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:00 P.M. - CONVENE IN CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8

Property: Stoneman Park (APN: 094-080-014, 094-090-001, 094-080-002); City negotiators: Garrett Evans, Maria Aliotti, Jordan Davis; Negotiating parties: Albert Seeno III and Louis Parsons, Discovery Builders LLC; Under negotiation: Price and terms of payment

2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6 City designated representatives: Mary Egan, MRG, LLC; Jennifer Brizel Unrepresented employees: City Manager and City Attorney 7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PROCLAMATIONS

3. Veterans Day

PRESENTATIONS

4. New Employee Introductions

5. Community Development Department Overview

CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)

PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais. Please read the card carefully in order to fill out the card properly.

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required) 2 COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)

CITY COUNCIL MEETING

PUBLIC HEARING

CONSIDERATION

6. Adoption of a City Council Resolution to Approve the Amended Handbook for City Advisory Bodies
Working with an ad hoc committee of the City Council, the City Clerk and Commission liaison staff were tasked with review of the Handbook for City Advisory Bodies. Along with some ministerial corrections, the committee has determined a change in the dates and length of terms is recommended. The newly formed Youth Advisory Commission was also included in the Handbook.

Staff recommends approval of the amended handbook as a training and guidance document for members of the City’s commissions.

7. Adoption by Minute Order of a City Council Recess for Winter Months Historically, the City Council takes a recess during the winter months to allow for both staff and Council vacations during the holiday season and to accommodate the City’s Winter Closure.

CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST

PITTSBURG GHAD II CONSENT CALENDAR

8. Minutes of October 17, 2022

9. Adoption of a Southwest Pittsburg GHAD II Resolution to Authorize Summary Vacation of a 7,720 sf Geologic Hazard Abatement District Maintenance Access Easement
The Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) owns and maintains 6.25 acres of open space and environmental mitigation area at the southeastern corner of W Leland Road and San Marco Boulevard. The GHAD’s existing access easement to this mitigation area must be vacated to allow for the construction of the anchor tenant building at the San Marco Commercial Center Project.

10. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California 3 Government Code Section 54953(e)
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.

11. Adoption of an Ordinance Amending Title 8.08 of the Pittsburg Municipal Code Regarding Sustainable Food Packaging and Condiments
On October 17, 2022, the City Council introduced and waived further reading of an Ordinance amending Title 8.08 of the Pittsburg Municipal Code. Approval of the amendments will bring the City into compliance with AB 1276 which aims to decrease plastic in the landfill as well as plastic pollution in the streets and waterways of Pittsburg where it causes serious environmental harm.

12. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consultant Agreement with Luhdorff and Scalmanini for Engineering Services The Water Treatment Plant is responsible for the treatment, quality, distribution, testing and regulatory compliance of the City’s water system, including groundwater wells. If approved, the resolution would authorize execution of a consultant agreement with Luhdorff and Scalmanini Consulting Engineers for groundwater monitoring and well maintenance services necessary for regulatory compliance.

13. Adoption of a City Council Resolution Amending Staffing Allocation in the Engineering Division
The City Manager, upon recommendation from the Director of Public Works/City Engineer, recommends changing the staffing allocation plan by adding one (1) Assistant Engineer position to the Engineering Division.

14. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Agreement for Design Services for the Frontage Road Living Green Trail Project
Living Green Pittsburg – Trail and Community Outreach Project is a Clean California Local Grant project that includes Green Stormwater Infrastructure improvements to the Frontage Road corridor. After a proposal process and interviews, staff proposes to retain Sandis Engineers Surveyors and Planners for design of the trail and associated improvements.

15. Adoption of City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a New Brush Chipper
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including a brush chipper that needs replacement. If approved, this resolution will authorize a purchase contract with RDO Equipment Co. (“RDO”) for a new 2022 Vermeer BC1500 brush chipper.
4 16. Adoption of a City Council Resolution to Modify the Standby Pay and Amend the IBEW Agreement
The City Manager, upon recommendation from the Director of Human Resources, recommends amendments to the International Brotherhood of Electrical Workers (IBEW), Local 1245 Memorandum of Understanding (MOU). The City Council is asked to approve the amendment to the IBEW Memorandum of Understanding.

17. Adoption of a City Council Resolution to Authorize Allocation of U.S. Department of Justice – Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG)
The Pittsburg Police Department has submitted a preliminary application to the U.S. Department of Justice for funding under the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $33,623.00.

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT to November 21, 2022
5 NOTICE TO PUBLIC

GENERAL INFORMATION
Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). The full packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.

SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.

PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action. Further comment from the audience will not be received unless requested by the Council/Agency.

There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.

NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled citizens. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at 925-252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)

DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Streaming Media page.

Past meetings are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99. For more information, please contact the City Clerk’s office at 252-4850. 6 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2022 Updated September 19, 2022

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS STAFF ABAG Shanelle Scales-Preston / Holland White Alt. Standing Annual G. Evans Delta Diablo** Juan Banales / Shanelle Scales-Preston Alt. Standing 2nd Wednesday R. Abono East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing Monthly J. Davis East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual R. Abono MCE Clean Energy Board Shanelle Scales-Preston / Holland White Alt. Standing 4 Per Year D. Buchanan TRANSPLAN / ECCRFFA Holland White / Juan Banales Alternate Standing 2nd Thursday R. Abono Tri-Delta Transit (2 reps)*** S. Scales-Preston & Merl Craft / Jelani Killings Alt. Standing Last Wednesday R. Abono

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Merl Craft Alt. Standing 3rd Thursday *Rotational Mayor’s Conference Holland White / Shanelle Scales-Preston Alt. Standing 1st Thursday G. Evans School Districts Committee (2x2) Shanelle Scales-Preston & Merl Craft / Jelani Killings Alt. Standing 2nd Thursday G. Evans even months

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS STAFF
American Rescue Plan Act (ARPA) Holland White / S. Scales-Preston / Juan Banales Alt. Ad Hoc As needed G. Evans CAC CDBG Subcommittee S. Scales-Preston & Jelani Killings / Holland White Alt. Standing As needed M. Aliotti City Council Policy and Procedures Review Juan Banales & Merl Craft Ad Hoc As needed G. Evans City Infrastructure and Transportation S. Scales-Preston & Juan Banales / Holland White Alt. Standing As needed R. Abono Community Services Subcommittee Merl Craft & Shanelle Scales-Preston / Juan Banales Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Juan Banales / Holland White Alt. Ad Hoc As needed G. Evans Economic Develop/Waterfront Subcommittee Jelani Killings & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Finance Subcommittee Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed P. Rodrigues Government Performance Subcommittee Holland White & Jelani Killings Ad Hoc As needed G. Evans Hills Committee Juan Banales & Jelani Killings / Merl Craft Alt. Ad Hoc As needed G. Evans Land Use Subcommittee Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Los Medanos Health Advisory Committee S. Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans My Brothers Keeper Subcommittee S. Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans Pittsburg Arts & Community Foundation Merl Craft & S. Scales-Preston / Jelani Killings Alt. Standing As needed G. Evans Pittsburg Police Activities League (PAL) Holland White & S. Scales-Preston / Jelani Killings Alt. Standing Monthly B. Addington Pittsburg Recognition Committee Holland White / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Power Company Advisory Holland White & S. Scales-Preston / Juan Banales Alt. Standing As needed D. Buchanan Public Safety Subcommittee Holland White & Shanelle Scales-Preston Standing As needed B. Addington Sister City Committee Jelani Killings & Holland White / Merl Craft Alt. Standing As needed K. Simonton Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Rotational Staff as assigned by City Manager
**Stipend of $170 per month
***Stipend of $100 per month
7 8

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 to Approve the Amended Handbook for City Advisory Bodies
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
Working with an ad hoc committee of the City Council, the City Clerk and Commission liaison staff were tasked with review of the Handbook for City Advisory Bodies. Along with some ministerial corrections, the committee has determined a change in the dates and length of terms is recommended. The newly formed Youth Advisory Commission was also included in the Handbook. Staff recommends approval of the amended handbook as a training and guidance document for members of the City’s commissions.

FISCAL IMPACT
There is no fiscal impact from this action.

RECOMMENDATION
City Council determine whether to extend the terms of current Commissioners from two to four years for Planning Commission and Community Advisory Commission, adopt the attached resolution to approve the amended handbook for City Advisory Bodies and direct staff to prepare an ordinance to amend the Pittsburg Municipal Code and other necessary document amendments.

BACKGROUND
The City Council maintains several advisory bodies that provide information and assistance in addressing specific issues, facilitate community decision-making and serve as a conduit between citizens, City staff and the Council. Currently, these bodies include the Community Advisory Commission, Historic Resources Commission, Housing Authority, Pittsburg Planning Commission, Pittsburg Youth Advisory Commission, Measure M/P Citizen Oversight Committee and Sister Cities Committee.
9 The roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code or by City Council resolution. From time to time, the City Council has adopted and revised bylaws governing the mission, purpose and procedures under which commissions perform their function.

In 2015, an ad hoc committee of the City Council worked with the City Clerk, City Attorney and Commission liaison staff to develop an informational handbook for volunteers appointed to these bodies.

The Handbook was amended in 2016 and 2018.

SUBCOMMITTEE FINDINGS
The ad hoc City Council Policy and Procedures Review committee of the City Council worked with the City Clerk, City Attorney and Commission liaison staff to review the current handbook and make recommendations for revisions.

STAFF ANALYSIS
Advisory bodies play an important role in City governance by assisting the City Council in addressing specific issues in detail and providing a conduit for information between the public and the City Council. The roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code, by City Council resolution and through various regulations and state laws.

In order to assist members of the public and the volunteers appointed to the advisory bodies in the performance of their duties, an ad hoc committee of the City Council worked closely with the City Clerk to create the handbook attached to this report as a reference for the basic protocols and procedures that must be followed. Best practices dictate a periodic review of material contained in the handbook.

The information in the handbook is designed to assist commissioners to develop an effective voice and have a satisfactory experience as a community volunteer. The handbook includes a list of advisory bodies and information on the purpose of each. The document also sets forth requirements for meeting times, attendance and eligibility for appointment to the commission.

Regular meeting protocols, rules of debate, decorum in meetings and guidelines for preparing motions and the role of the chair are also included, as is an explanation of the role and relationship between the advisory body and the City Council, Staff, City Clerk and City Attorney. The handbook also includes the latest information available regarding The Ralph M. Brown Act Public Meetings Law, AB 1234 of 2005 (Ethics Training) and AB 1825 of 2004 and AB 1661 of 2016 (Sexual Harassment and Education Training) compliance and Conflict of Interest rules.

The City Attorney, City Clerk and staff assigned to work most closely with the advisory bodies recommend approval of the amended Handbook and request authorization to use it as a training and guidance document for members of the City’s commissions.

Length of terms have been lengthened to four years, rather than two, and dates of terms have been clarified.
10 A section, as well as various guidelines throughout, has been added to address the newly formed Youth Advisory Commission.

Adoption of an Ordinance amending Title 2 of the Pittsburg Municipal Code will be brought forward for City Council approval following adoption of the revised handbook.

ATTACHMENTS: Handbook with tracked changes
Handbook final version
Resolution
Report Prepared By: Alice E. Evenson, City Clerk
11 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Approving Amended Handbook ) RESOLUTION NO. 22-
For City Advisory Bodies )
WHEREAS, the City of Pittsburg maintains various advisory bodies that provide information and assistance in addressing specific issues, facilitate community decision- making and serve as a conduit between citizens, City staff and the City Council; and, WHEREAS, the advisory bodies are governed by the Pittsburg Municipal Code, City Council Resolutions, bylaws, as well as requirements and protocols for public meetings and public officials set by state law and regulations; and, WHEREAS, members of the advisory bodies, including commissions and ad hoc committees, commissioners are well served by a familiarity with the advisory body’s foundational documents, such as bylaws, and with recent agendas, minutes and current City Council goals, as well as legal requirements related to their position; and, WHEREAS, the public is best served by advisory bodies that are knowledgeable about their roles and responsibilities of their position; and, WHEREAS, the City Council and City Clerk have developed a Handbook for City Advisory Bodies to assist them in the performance of their duties; and, WHEREAS, an ad hoc committee was appointed to review the current handbook.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the amended Handbook for City Advisory Bodies as set forth in the attached and directs the City Manager to prepare conforming amendments to the Pittsburg Municipal Code, bylaws, and any other relevant document, and submit them for City Council consideration.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
12 City of
Pittsburg
Handbook
for
City Advisory Bodies
Prepared by the City Clerk’s Department
City of Pittsburg
November 19, 2018November 2022
13 2
Table of Contents
Welcome and Orientation……………………………………………….... 3
Advisory Bodies by Departments………………………………………... 3
Introduction
Purpose for Advisory Bodies…………………………………..… 4
How Appointments Are Made………………………………….... 4
Eligibility Requirements/Qualifications ……………………..….. 4 Term of Office…………………………………………………….. 5
Use of Title ………………………………………………… 5
Resignation/Removal from Office ………………………. 6
Meeting Times……………………………………………………... 6
Attendance………………………………………………………… 6
Code of Conduct – Rules of Civility Generally ………………………… 7 Meetings: Standard Meeting Protocol………………………………… 8
Agenda Preparation and Posting ……………………….……… 8
Preparation for Meetings…………………………………. 9
Rules of Debate…………………………………………………... 10
Decorum in Meetings…………………………………………….. 12
Role of Chair………………………………………………….…… 13
Preparing Motions………………………………………………… 14
Minutes ……………………………………………………………. 15
Advisory Body Role and Relationships ……………………………….... 16 Council-Advisory Body Relationship…………………………….. 16
Staff-Advisory Body Relationship……………………….……… 17
Staff Responsibilities……………………………………………… 18
City Clerk…………………………………….…………………….. 18
City Attorney………………………………………………………. 18
Legal Matters ……………………………………………………………… 19
The Brown Act………………………….…………………………. 19
Meeting Types……………………….……………………. 19
Regular Meetings…………………………………………. 19
Ex Parte Contacts………………………………………… 20
E-mail Communications Between Members..………….. 20
AB1234 and Ethics Training Requirements…………… 21
Adjournment or Continuance……………………….……………..…….. 21
Subcommittees…………………………………….……………………… 21
Appeals……….…………………………………….……………………… 22
Conflict of Interest…………………………………………………………. 22
Recusing Yourself…………………………..…………….. 22
Communications with the Public Outside of Meetings… 22
Social Media ………………………………………………. 23
Advisory Body Jurisdiction……………………………………………….. 23
Acknowledgement ………………………………………………………… 26
14 3
Welcome and Orientation
Welcome and thank you for your willingness to serve as a member of a City of Pittsburg advisory body. While the City Council sets the goals and priorities for the City and its Commissions, you play an important role in City governance by assisting the City Council in addressing specific issues in detail, lending professional expertise, facilitating community decision-making, and serving as a primary conduit between residents, City staff and departments, and the City Council.

The City of Pittsburg has a varying number of advisory bodies, each with distinct responsibilities. As a new advisory body member, you should familiarize yourself with the documents governing your particular body: these may include City ordinances, City Council resolutions, advisory body bylaws, relevant element(s) of the General Plan, and other documents, all available from your staff liaison. Review of these documents will help you get a sense of what your responsibilities are and what they are not.

This Handbook is designed to serve as a reference for the basic protocols that apply generally to all City advisory bodies. Orientation is necessarily an active process. As a new member you may want to meet with the Chair of your advisory body to get a better sense of your role and the business of the body, as well as with the staff liaison assigned to the body.

Along with familiarizing yourself with your advisory body’s foundational documents, you may want to review agendas and minutes from recent meetings to see what current issues have been under consideration, as well as the advisory body’s work program to familiarize yourself with current goals.

Learning your role and developing an effective voice takes time and familiarity. We hope this Handbook will assist you towards a satisfying and productive experience. Your participation is deeply appreciated by all around you – by the City Council, by City department staff, and by your community. The vitality and strength of our community is found in the willingness of people like you to serve.

By signing this Handbook, each Commissioner agrees to the terms hereof.

Advisory Bodies by Departments
Advisory Body Department Date Established
Community Advisory Commission City Manager 1974
Historic Resources Commission Planning 6/15/81
Housing Authority Housing 1/1/67
Planning Commission Planning 7/25/81
Measure P/M Citizens Oversight
Committee
Finance 2/19/13
Sister Cities Committee Recreation 7/6/98
15 4
Youth Advisory Commission Recreation 9/17/20
Introduction
Purpose for Advisory Bodies
Advisory bodies play an important role in City government by assisting and advising the City Council, the body that sets policy. Advisory bodies develop recommendations and present supporting information to the City Council, based on the Council’s annually adopted goals, policies and priorities for the following fiscal year. Certain advisory bodies have the authority to make final decisions; some decisions may be appealed to the City Council.

Boards and commissions are established by ordinance, while committees are usually established by a motion or resolution to address particular projects or specific areas of concern. Task forces generally are given a defined period of time to accomplish their tasks and are known as ad hoc committees.

Members of City boards and commissions, hereafter collectively referred to as “Members” serve at the pleasure of the City Council. Appointments may be terminated at any time, without cause.

How Appointments Are Made
Applications
Any resident interested in serving on an advisory body is invited to complete an application form and submit it to the City Clerk’s Office. Applications remain on file for one year. When a vacancy occurs, it is publicized, and applications of persons interested in serving on the particular body are accepted. The applications will be provided to the City Council for review. Interviews are typically held prior to a Council Meeting with appointment made by the Council a subsequent meeting, typically at the next consecutive meeting.

Pursuant to the Maddy Act, a list of the City’s commissions and appointments is posted at City Hall each year by December 31 and updated as vacancies occur and appointments are made.

Eligibility Requirements/Qualifications
Members are required to be residents of the City of Pittsburg at the time of appointment and throughout their term to remain Commissioners. Applicants 18 years and older are required to agree to the same background checks, and fingerprinting as applicable, as City employees, as a prerequisite to being appointed. Such information, including information from personal interviews, shall be considered as part of the appointment process. Upon appointment, all members are sworn in by the City Clerk, or a deputized member of the City Clerk’s Office.

For all boards, commissions, and committees, Members are required to file annual Statements of Economic Interest (Form 700) with the City Clerk’s Office. Planning Commissioners are required to file their Statement of Economic Interest (Form 700) with the 16 5
Fair Political Practices Commission (FPPC) as required under Government Code Section 87200. A Commissioner’s failure to file the Form 700, after two notices from the City Clerk, shall be deemed a resignation from office. Each Planning and Community Advisory Commissioner shall also attend an Ethics Training (AB 1234) and Sexual Harassment Awareness Training (AB 1661) seminar within six months of appointment, and every two years thereafter. Youth Commissioners shall attend an Ethics Training (AB 1234) upon taking their seat on the Commission and every two years thereafter. Additional training may be required as directed by the City Council. Required travel shall not extend outside of California.

Term of Office
Planning and Community Advisory Commissioners terms shall be March 1 to February 28 of each year. The Youth Advisory Commission terms will begin on August 1 and end on May 31 to coincide with the general school year.

This schedule will facilitate required training, particularly for Planning Commissioners, and will ensure all Commissions are on the same timetable. The City’s target is for recruitment to begin in January December after a newly re-organized Council seating, with interviews scheduled for the first meeting in FebruaryMarch and seating of new Commissioners at the second meeting in FebruaryMarch.

Unless otherwise specified, the term of office for members of boards, commissions, and committees is two years. The term of office for members of an ad hoc committee is generally for the life of the specific issue. Members of permanent advisory bodies shall not serve more than four consecutive two -year terms. According to City Council policy, members who have served six years or less at the time their terms expire are eligible for reappointment. After a member’s third consecutive term expires, there must be at least a one-year break before that member may be appointed to the same advisory body. The City Council may reappoint members of boards, commissions, and committees to serve on other advisory bodies upon expiration of their current terms of office, or to the same commission if there are no other applicants or if the Council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits.

A member of a board, commission or committee may not serve simultaneously on more than one City board, commission, or committee. However, a member of a task force or committee with a sunset date of less than thirteen (13) months in the future may also serve on another board, commission, committee, or task force. There are outside agency boards and commissions to which the City Council may appoint a current commissioner as the City’s representative.

Unless otherwise specified, the term of office for members of boards, commissions, and committees is four years. The term of office for members of an ad hoc committee is generally for the life of the specific issue. Members of permanent advisory bodies shall not serve more than two consecutive four-year terms. According to City Council policy, members who have served six years or less at the time their terms expire are eligible for reappointment. After a member’s second consecutive term expires, there must be at least a two-year break before that member may be appointed to the same advisory body. The City Council may reappoint members of boards, commissions, and committees to serve on other advisory bodies upon expiration of their current terms of office, or to the same commission if 17 6
there are no other applicants or if the Council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits.

A Member of a board, commission or committee may not serve simultaneously on more than one City board, commission, or committee. However, a member of a task force or committee with a sunset date of less than thirteen (13) months in the future may also serve on another board, commission, committee, or task force. There are outside agency boards and commissions to which the City Council may appoint a current commissioner as the City’s representative.

Authorizing Documents
The City Council approves the formation, composition, and responsibilities of all advisory bodies. Some advisory bodies, such as the Planning Commission, have responsibilities as delegated to it by the City Council under State law. All advisory bodies operate under City Council control and direction and are responsible to the City Council for compliance with the City Council’s annually adopted goals, policies and priorities for the following fiscal year, the Municipal Code, and the Brown Act.

Bylaws
Each advisory body’s operations, procedures, and duties are established in adopted by- laws. Bylaws are reviewed by the City Attorney and approved by the City Council.

Use of Title
Members of an advisory body are referenced as “Commissioner,” or, when applicable, “Chair” or “Vice-Chair” during the performance of the duties related to the City body to which they have been appointed. Commissioners may use their title only for official City business, as approved by the governing body of which the Commissioner is a member. On occasion, members of the advisory body may be called on to represent the City of Pittsburg in their official capacity as a representative of the City Council that appointed them. However, it is never appropriate for members of any advisory body to adopt the title “Commissioner,”:
“Chair” or Vice-Chair” of the advisory body for use during the course of their private or personal business, such as signing communications with business contacts or being introduced at functions outside the City of Pittsburg with the title “Commissioner,” “Chair” or Vice-Chair” before their name.

Resignation/Removal From Office
Commissioners serve at the will of the City Council. Appointments may be terminated by the City Council at any time, without cause. Please reference the following:
“Pittsburg Municipal Code Section 2.04.060 City Commissions – Appointment – Removal from office of city commissioners – Conduct of business of city commissions “A. Commission appointments shall be made by the City Council. Unless the appointment involves filling a vacancy, the term of a newly appointed commissioner shall begin on the second meeting of March each year. The City Council may remove, at its pleasure, any commissioner during his/her term of office, by a majority vote of the City Council. 18 7
“B. Commissioners who have reached their term limits, who resign or are removed from a commission by the City Council must wait one year before seeking appointment to the same commission. The City Council may adopt, by resolution, guidelines and requirements for the conduct of commission business.”
A board member or commissioner who resigns shall do so in writing by letter to the City Clerk. A “Leaving Office” Form 700 must also be filed.

Meeting Times
City advisory bodies meet on a regular basis, usually monthly or semi-monthly. All meetings shall be open to the public, including workshops and study sessions. The calling of a special meeting, or the cancellation of any regular meeting, must be coordinated between the Chair and staff, and shall be subject to legal notice under the Brown Act. Advisory body members must also be notified in advance of the canceling or scheduling of any meetings.

Chair and Vice Chair Election
Each advisory body elects a Chair and a Vice Chair annually, as specified in the bylaws.

Attendance
For advisory bodies to function effectively and accomplish their goals, all Members must be active participants. This means Members shall be present at all meetings. Any Member who is absent for three consecutive regular meetings, without approval by way of formal action of the City Council, shall be deemed to have resigned his/her position on the advisory body. Additionally, any member who misses twenty five percent (25%) or morefour meetings a year of the regular meetings held (not cancelled) in any twelve-month period, without approval of the City Council by way of formal action, shall be deemed to have resigned his/hertheir position on the advisory body. However, if a scheduled regular meeting is cancelled due to a lack of a quorum, any member who is not present at the meeting had previously notified the Chair, Clerk or staff liaison that he or she would be unable to attend the meeting, or is otherwise unavailable to attend the meeting, will be deemed absent from the meeting, despite the meeting’s cancellation, for the purpose of this section.

If a Member must leave a meeting early, the Member should so advise the Commission chair, clerk and staff liaison as soon as possible and, preferably, before the meeting begins.

If the member’s early departure from the meeting results in the lack of a quorum, then the member’s early departure shall count as an absence.

If a Member will be late to a meeting, the member should endeavor to contact the Commission chair, clerk and staff liaison as soon as possible to provide that information. If 19 8
a member arrives at a meeting more than thirty 20 minutes after the scheduled time for the meeting to begin, the member’s late arrival shall count as an absence.

A Member’s inability to attend a special meeting, workshop, or subcommittee meeting held outside of the normal meeting time shall not be considered an absence for purposes of this section.

Attending a meeting by video or teleconferencing shall be avoidednot be allowed unless there would otherwise be a lack of a quorum for matters that require a supermajority vote of the Commission. It is preferable that Commissioners not schedule vacations, out of town trips or business matters that would require the need for the additional noticing and electronic requirements of video or teleconferenced meetings.

Other
A complete listing of all City of Pittsburg advisory bodies, along with the meeting days, times, and locations, and the City department responsible for staffing, is available in the City Clerk’s Office. The Local Appointive List is posted on the Public Noticing Boards at City Hall as required by the Maddy Act. Membership rosters are available in the City Clerk’s Office and are public record. Please notify advisory body staff promptly of any changes in your address or other personal information.

Code of Conduct
Members should avoid impropriety in the exercise of their official duties. The professional and personal conduct of Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the City Council, boards, or commissions, the public and staff.

Members shall conduct themselves in a professional manner at all times during meetings.

Members should act with integrity and independence from improper influence as they exercise the duties of their offices. Characteristics and behaviors consistent with this standard include the following:
 Acting as if they were on official duty regardless of where they are or what they are doing.
 Avoiding personalizing issues by engaging in name-calling or personal invective, speaking in a derogatory or belittling manner towards those with whom one disagrees, whether they be colleagues or members of the public.  Remembering that all board and commission members are representatives of the public, and as representatives and servants, should treat each other and those they represent consistent with such high principle.
 Using their best independent judgment to pursue the common good; presenting their opinions to all in a reasonable, forthright, consistent manner; and making decisions which will promote the general and long-term interests of the City and its residents.  Keeping an open mind and being able to consider the opinions and ideas of others, even when board and commission members disagree with those opinions. 20 9
 Listening to all testimony, and not reaching conclusions on issues until all interested parties have had an opportunity to express their position, or otherwise acting in a manner that would affect a party’s right to a fair hearing.  Showing respect for their offices and not acting in ways that reflect badly on those offices and diminish public respect for the office or the City.

Members should be able to assert policy positions and opinions without fear of reprisal from fellow officials or the public. Members should not question the ethics of another Member because they disagree with that Member on a question of policy.

Meetings: Standard Meeting Protocol
Agenda Preparation and Posting
Agendas for advisory body meetings shall be prepared by staff in consultation with the Chair, following the standard agenda format approved by the City Council, and based on the Council’s annually adopted goals, policies and priorities for the following fiscal year.

The Title and Recommendation of each item on the agenda shall be descriptive and understandable to the public to conform to Brown Act requirements.

The posted agenda shall also indicate when opportunity is provided for the public to address the advisory body.

If a Member or staff intends to bring up an item for discussion or action, the item must be included on the agenda. Members of advisory bodies may request that the Chair or staff place any item within the purview of the advisory body on a future agenda. However, as with the City Council meeting agenda, the City Manager makes the final decision as to what is, or is not, on the agenda.

Discussion or action on items that are not included in the posted agenda may only occur in very limited circumstances at a regular, not special, meeting. To discuss or act on an item not included in the posted agenda, an advisory body must:
 Determine that “the need to take action” arose after the agenda was posted, and that the action is required prior to the next meeting.
 Approve the determination by a vote of at least two-thirds of the members of the body or by a unanimous vote if less than two-thirds of the members are present.  Move, second, and vote on the item once the determination is approved.  Include that action in the meeting’s minutes along with a brief explanation of the circumstances stating the need for action and the reason the need arose after posting the agenda.
 In general, if Members or staff knew of the need to act before posting the agenda and if the item was not included for reasons of scheduling convenience or oversight, members may not determine that the need arose after the agenda was posted. 21 10
Information items placed on an agenda may not be acted upon at the meeting. Any Member may, however, request that the information item be placed on a future agenda for action.

The agenda shall be posted at least 72 hours prior to any regular meeting in a place visible to the public, according to Brown Act regulations. A notice of adjournment shall be posted at the door of the meeting, within 24 hours of adjournment.

Staff will make every effort to post and distribute meeting agendas in a timely manner and in most cases well in advance of the 72-hour Brown Act requirements.

Staff shall maintain a record of the agenda and notice of adjournment posting.

Preparation for Meetings
 Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your consistent attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to prepare fully for each meeting.
 Understand what action you are being called on to take regarding each particular agenda item.
 If you have questions regarding the agenda or agenda report, contact the staff liaison before the meeting to clarify questions or request further information. This is preferable to you conducting your own independent research. Conducting independent research may result in your unintentionally obtaining incorrect or out-of- date materials. Using City staff allows you to utilize their years of training and knowledge of Citywide issues. Interaction with City staff should be respectful and professional; it should go through the Board Secretary or the staff assigned to your Commission.
 Introducing substantive and/or substantial new information relating to an agenda item, not previously provided to staff in sufficient time for staff review, may result in continuance of that agenda item.
 Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to direct or to supervise City staff.  Keep an open mind. An objective, balanced, and receptive approach will help you assess the facts of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position. Expressing your opinion on a specific matter, prior to a meeting may result in your being disqualified from discussing or voting on that matter, due to pre-decisional bias. 22 11
 Minimize, or even avoid, contact with the project applicant or project opponents prior to the meeting where you will hear the matter in question. Such unilateral or “ex parte” communication is better handled by staff who is familiar with the issues and will publicly and fully brief the Commission at the appropriate time. Any ex parte communication should be disclosed when the Commission hears the matter.  Strive to appreciate differences in approach and point of view. Diversity of ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take care to articulate your own ideas: remember that your individual voice is a critical part of the whole dialogue. Again, furthering common goals takes cooperation, flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue.  If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a City staff liaison to provide information to assist the members throughout the decision-making process.

Advisory Body Members
Every advisory body member desiring to speak shall address the Chair, and upon recognition by the Chair, shall confine comments to the question under debate, avoiding all indecorous language and references to personalities and abiding by the following rules of civil debate. A member, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, question of privilege, or appeal of Chair’s procedural ruling).

Public meetings will proceed smoothly if all participants keep the following tenets in mind:
(1) We may disagree, but we will be respectful of one another. (2) All comments will be directed to the issue at hand. (3) Personal attacks shall be avoided.

Addressing the Advisory Body from the Floor
Sign in sheets for attendance shall not be allowed unless statutorily required for a specific item ( e.g. some HUD items).
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Securing Permission to Speak
Any person desiring to address the advisory body shall first secure permission from the Chair. Any advisory body Member may also request of the Chair that a member of the public be recognized to speak.

Remarks shall be directed and limited to the matter being considered.

Individuals
Persons addressing the advisory body are encouraged, but not required, to fill out a speaker card, as well as stating their name in an audible tone of voice for the record. This is helpful for the clerk recording the meeting. The time limit shall be as stated in the agenda, or as directed by the Chair.

All remarks shall be addressed to the advisory body as a whole and not to any individual member or to members of the audience. Without the permission of the Chair only Members and the person addressing the advisory body shall be permitted to enter into any discussion. Each member of the public who wishes to speak should be allowed to do so without interruption by Members of the advisory body. If one or more public speakers have questions, it is generally preferable for staff and/or the Chair to respond to such questions at the close of the public comment period. While an individual Member may at times have one or more questions for a person speaking under public comment, Members should minimize the questioning of persons speaking under public comments to avoid the appearance of debating that individual.

All remarks shall be delivered in a respectful manner.

Spokesperson for Group Presentations
Organized groups that wish to make a presentation longer than the time allowed for in the agenda should contact the advisory body staff prior to the meeting.

Addressing the Advisory Body after Motion Made
After a motion is made by the advisory body, no person shall address the advisory body except upon the request of the Chair, or a Member of the advisory body through the Chair.

Decorum in Meetings
Proceedings
 Start meetings on time. Keep the agenda in mind in order to give each item the appropriate time.
 Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending only for certain items, or for better pacing of the agenda.
 Let the Chair run the meeting.
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 Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak.
 Learn to trust your own good judgment on decisions.
 Remember that people may be attending a meeting for the first time and may be unfamiliar with your procedures. In your discussion, either avoid or explain technical terms, jargon, or verbal shorthand, particularly acronyms.  Listen to audience concerns. Do not engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy, and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response or expression of your opinion on the matter is appropriately saved for after the public testimony is closed.  Close the public testimony before you begin serious deliberation on an issue.  Sometimes questions can most effectively focus discussion and direct decision- making. For example:

For staff:
 What is the history behind this item?
 What are the benefits and drawbacks?
 What other alternatives did you consider?
For other advisory body members:
 What do you think about this item?
 What have you heard from the residents?
 What is in the public interest?
 Who benefits from this decision? The applicant? The public? Both?  What would it take for you to support this?
For the public (at a hearing):
 What are your concerns?
 How will this proposal affect you?
 What specific, constructive, alternatives can you recommend? For yourself:
 What are we trying to accomplish?
 What are the long-range interests of the community?
 What guidance can be found in our foundational documents?  Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests.
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 Remember that your advisory body exists to take actions. It is not simply a discussion group or debating society.
 Courteous and professional behavior from members of the advisory body is not only expected, it is required. As appointed representatives of the City Council, your ability to treat all who come before the body with respect, even those with whom you disagree, is an important part of your service.
 Endeavor to end meetings at a reasonable hour. Short breaks may be helpful during long meetings. Extending the meeting beyond an appointed hour may be subjected to a vote when that hour nears. All meetings shall end by 10:00 pm, unless the Commission votes to extend the meeting past that time.

Use of electronic media during a meeting is limited to emergency purposes only.

Commissioners are to avoid distractions from the subject matter of the meeting. There shall be no posting of comments on social media about the meeting during the meeting, and no monitoring of comments posted about the meeting during the meeting.

Responsibilities of Chair
 Ensure that the public understands the nature of the issue being discussed (for example, reason for discussion, process to be followed, opportunities for public input, timeline for decision).
 Keep discussion focused on the issue at hand.
 Endeavor to rearrange the agenda so that items with fewer public speakers will be heard before items with more public speakers.
 Generally, for Planning Commission Meetings, an applicant should only be allotted 10 minutes for their presentation. Other Commissions may have specific time requirements for presentations, as determined by the Chair. All other speakers shall have a maximum of three minutes. Speakers shall not be allowed to “give” their three minutes to another speaker.
 Solicit opinions from Members before offering the opinion of the Chair. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant Members from having disproportionate control over the discussion.  Protect Members, staff, the applicant, and the public from personal attacks. 26 15
 Provide structure for addressing complicated issues.
 For major items, delay analysis and action until the full range of alternatives is on the table.
 Attempt to reach decisions expeditiously on action items. At those times when an action would be premature, guide discussion toward a timeline or framework for responsible action.

Preparing Motions
Advisory body meetings usually are conducted according to parliamentary procedure. The Chair directs the meeting, and his/her rulings must be followed unless they are overruled by the body.

When a member wishes to propose an action on a particular item on the posted agenda for the advisory body to consider, the member makes a motion. A motion goes through the following steps:

1. The member asks to be recognized by the Chair.

2. After being recognized by the member makes the motion: “I move that we . . .”

3. Another member seconds the motion: “I second the motion.”

4. The Chair restates the motion and asks for discussion on the motion.

5. When the Chair determines that there has been enough discussion, the debate may be closed with: “I call the question.” or “Is there any further discussion?”

6. If no one asks for permission to speak, the Chair then puts the question to a vote: “All those in favor say ‘aye.’ All those opposed say ‘nay’.” The Chair should restate the motion prior to the vote to ensure the motion is clearly understood by all. Any member may request a roll call vote on a motion.

7. After the vote, the Chair announces the decision: “The motion carries unanimously,” “The motion carries four to three (list individually if requested),” or “The motion has failed.”
Some common motions include:
 Delay consideration: I move to continue the item until (date specific, or date uncertain).
 End discussion – A motion to table an item is not subject to debate and must be voted on immediately.
 Close Debate: I call for the question.
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 Limit or Extend Debate: I move to limit or extend debate to…  Request More Study: I move to refer this to staff or (committee) for further study.  Amend a Motion: I move to amend by… If the amendment is accepted by the maker and seconder of the main motion, then it’s considered a “friendly amendment” and no separate vote is required. If it is not accepted, then a separate vote to amend the main motion is required. The amendment must be voted on before the main motion.  Adopt a Staff Recommendation: I move to adopt staff’s recommendation to…  Deny Staff Recommendation: I move to deny staff’s recommendation to…  Modify a Motion : I move to adopt the recommendation with the following modifications…
Properly phrasing a motion can be difficult and corrections may be necessary before it is acted upon. Until the Chair states the motion, the member making the motion may rephrase or withdraw it. Only motions that are voted on will appear in the minutes.

Members may wish to write out difficult motions. If a motion gets too complicated, call a recess and have staff assist with the wording.

It is best to avoid including more than one proposal in the same motion. This is especially important when advisory body members are likely to disagree.

Any member may ask the chair to divide a motion. If others do not object, the chair may proceed to treat each proposal as a separate motion.

Minutes
Minutes of meetings are vital records and are mandated by government code. By definition minutes provide “the record of actions taken.” Following City Council protocol, Commission minutes will be adopted as “Action” Minutes. In the rare instance that verbatim minutes are required for a particular item, reporting services are available. Workshops are generally for discussion of matters, where no action is taken. Therefore, minutes typically are not taken of workshops.Advisory Body Role and Relationships
Members of commissions, like others who are charged with conducting the public’s business, must do so in the “public interest.” Unlike a special interest, where a limited number of people would stand to benefit or profit, the public interest represents the maximum number of benefits flowing to society at large and not to selected individuals or groups. In the case of the Planning Commission, commissioners need to determine what constitutes the public interest as decisions are made on items such as design reviewvariances, conditional use permits, tentative maps and sign programs, and recommendations are made on rezonings, general plan amendments,rezones and other matters.

The following pointers may help in keeping the public interest foremost in the decision- making process:
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 Remember who the client is. It is not the applicant but the public at large and the interest which that public represents. It is not just the people in the meeting room, but all those who are at home, too. It is everyone that lives in the community and abides by the Planning Commission’s decisions.
 The question of who benefits from the decision should be asked. Does the applicant benefit at the expense of the public? Does the public benefit? Both?  The public interest includes the interest of all members of the community, not just the interests of selected members
 Decisions made in the public interest should consider, to the extent possible, future as well as current generations.

City Council-Advisory Body Relationship
The primary purpose of all advisory bodies is to provide judicious advice to the City Council, the elected policy-making body of the City. The advisory body’s role can include hearing public testimony on the City Council’s behalf, building community consensus for proposals or projects, reviewing written material, facilitating study of critical issues, guiding the implementation of new or regulating established programs, assessing the alternatives regarding issues of community concern, and ultimately forwarding recommendations to the City Council for consideration. There are times when the advisory body’s recommendation will not be sustained or will be modified by the City Council. It is important to recognize this not as a rejection of the integrity of the recommendation, but as an inevitable part of the process of community decision-making.

Throughout this process, the form and formality of the relationship between advisory body members and Councilmembers will vary. Some advisory body members will have regular contact with individual Councilmembers, while others may serve solely in the group context.

This relationship will depend on your advisory body as much as on you and the City Council.

For example, there are times when the Chair may address the City Council formally on behalf of the advisory body, and other times when an advisory body member may meet with a Councilmember individually. At all times it is important to aim for clarity and mutual respect for the different responsibilities and roles.

In all cases, however, Members serve at the pleasure of the City Council. Appointments may be withdrawn at any time, without cause.

Staff-Advisory Body Relationship
The relationship of the advisory body and staff is an active, continuous, and nuanced one.

Both advisory body and staff are motivated by the shared goal of furthering the City’s best interests. Yet while the goal is shared, there are times when the approach and responsibility towards implementing the goal are significantly different. Some things that one body can do, the other cannot. Sometimes staff may wish to accomplish a specific goal, but due to the constraints of their employment, they may not readily be able to advance their ideas. Likewise, the advisory body recognizes obligations to fulfill larger objectives that staff, in their demanding workloads, may sometimes overlook. Because the 29 18
distinctions in responsibility are not always explicit, cultivating a balanced understanding of your role is essential. The interaction need never be adversarial, but rather can promote respect for different perspectives, and appreciation for each other’s strengths.

In the case of the Planning Commission for example, the Planning Division may staff the Planning Commission but is not hired by the Planning Commission. The Planning Commission shall understand that although the Planning Division may serve as its staff by preparing findings and reports, the position is accountable to the Director of Community and Economic Development, who is, in turn, accountable to the City Manager. It is within the Planning Commission’s authority to seek information from the planner, to ask for recommendations on actions before the Planning Commission and to rely on the planner’s ability to provide technical assistance and expert knowledge.

It is not within the Planning Commission’s authority, however, to tell the Planning Division to prepare a new General Plan or rewrite the zoning code. These kinds of major undertakings must be approved by the City Council, although the Planning Commission may recommend that the City Council direct staff to undertake a particular study.

In order to recognize the range of roles and responsibilities, some facts to remember are:

1. Know the reporting relationships. In the City of Pittsburg, the staff liaison reports directly to the department director.

2. How is direction given? Can a study be directed to the staff from an advisory body or must it be given through an administrator or elected body?

3. How are staff proposals and recommendations handled? Staff strives to provide the advisory body with its best professional judgment, and this should be continuously encouraged.

4. How are disputes between advisory body members and the staff handled? Proper lines of communication should be established beforehand to deal with any problems.

While minor miscommunications may occur from time to time, ongoing conflicts between staff and advisory body members shall be reported directly to the City Manager as soon as possible. It is not appropriate for advisory board members to debate, argue or criticize staff in public or in private. Instead, conflicts should be discussed in a private setting with the City Manager or his/her designee present.

Staff Responsibilities
Important staff responsibilities include:
 Being informed about the latest developments in their field.  Providing background and expressing professional opinions and views to the advisory body on important issues.
 Providing administrative support, including agenda preparation and minute taking at meetings.
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 Maintaining a professional position on all topics.
 Assisting the advisory body to stay on track and focused.  Interpreting City Council, City department, and relevant state, federal, actions and policies.
 Making sure the intent of the advisory body is not lost after a decision.  Developing a positive rapport with the Chair and advisory body members.  Alerting advisory body members of possible detrimental actions.  Presenting advisory body recommendations to the City Council.

City Clerk
The City Clerk is a resource for advisory bodies. The City Clerk’s Office accepts and maintains applications, processes appointments, updates membership rosters, bylaws, informational booklets, and yearly attendance records. The City Clerk is also a resource with respect to the Brown Act, agenda processing, and procedural meeting questions. The City Clerk is the filing officer for Statements of Economic Interest, and any other required filings as identified by the City Council and by the State.

City Attorney
The City Attorney is a resource for understanding compliance with the Brown Act, for agenda legality issues, meeting process questions, and conflict of interest determinations.

Members are encouraged to rely upon the City Attorney for legal analysis. The City Attorney’s legal opinion shall be the primary source of legal expertise for the City’s advisory bodies.

Legal Matters
The Brown Act
City of Pittsburg advisory bodies are subject to State law governing both meetings and records. The California law governing open meetings is found in the California Code, 31 20
Government Code, and Sections 54950-54962. It is commonly referred to as “The Brown Act.” The general intent is that advisory bodies act openly and that their records be open to the public.

Exemptions may exist and each body should orient new members on what, if any, exemptions exist for their meetings and records.

See Government Code Section 54950-54963 for the full text of the Brown Act.

Meeting Types
The Brown Act recognizes two types of meetings: regular meetings and special meetings.

Regular meetings are held at the time and place specified in the bylaws or are meetings which have been “adjourned to” and are referred to as adjourned regular meetings. Special meetings may be held at a different time or place to discuss issues that cannot be accommodated on regular meeting agendas but must still comply with notice requirements.

Advisory body staff is responsible for identifying the type of meeting and posting all notices, including the agenda and notice of adjournment.

Regular Meetings
The Brown Act requires each legislative body to set the time for regular meetings by ordinance, resolution, bylaws, or whatever specifies the conduct of that body’s business.

Traditionally, this has been the bylaws of the legislative bodies. City Council approves all changes in bylaws, including the change of scheduled meeting dates and times.

Under City Council policy, meetings are generally held at City Hall or at other City facilities.

Meetings may be held outside City facilities when City space is not available. Neighborhood meetings will be held outside City facilities.

The Brown Act generally requires boards and commissions to conduct public meetings. A “meeting” is considered to take place any time that a quorum of the advisory body gathers to discuss that body’s business; the Brown Act prohibits a quorum from meeting privately.

To this end, the Brown Act specifically prohibits “any use of direct communication, personal intermediaries or technological devices . . . employed by a majority of the members of the legislative body to develop a collective concurrence as to action to be taken on an item by the members of the legislative body.” Hence the prohibition extends not only to personal contacts of the advisory body members among themselves outside the public meeting context, but also prohibits “serial” meetings whereby information is ultimately exchanged among a quorum of advisory body members whether or not simultaneously in one another’s presence.

Ex Parte Contacts
Ex parte is a Latin term that means “from or on one side only.” It is related to the Brown Act in that it deals with public officials being influenced outside the public forum without the benefit of hearing all sides of an issue. Contacts that occur away from the hearing are 32 21
known as ex parte and can include telephone calls, informal meetings, lunches or even a casual encounter on a street corner. The essential element of ex parte contact is that someone with a direct interest in a decision before the Commission, such as an applicant, a representative of the applicant or an opponent of the applicant, is attempting to influence or secure a vote outside the public forum.

The following guidelines should be considered in dealing with ex parte contacts:
 If someone contacts a Planning Commissioner discuss an issue involving the rights of specific individuals or particular parcels of land, the Planning Commissioner should refrain from stating his/her position and invite the person to present their testimony before the whole Planning Commission.
 If someone persists in offering information but is unwilling to testify before the whole Planning Commission, tell the person to put the information on the record, preferably by sending a letter to City staff.
 Written information on a pending Planning Commission action should be sent to staff for review and/or inclusion in the Planning Commission packets.  If you make a site visit with or without the applicant, disclose that fact on the record before the meeting begins.
 If you have ex parte contact with a member of the public, applicant or interested party, disclose that fact on the record before the meeting begins.

Above all, commissioners should use common sense and good judgment when dealing with applicants and other interested parties outside a public forum.

E-mail Communications Between Advisory Body Members
Because e-mail communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of advisory body members, e-mail communications between advisory body members relative to advisory body business should be avoided. While three members of a seven-member board, for example, may appropriately communicate with one another by way of e-mail, the “forwarding” of such an e-mail message on to a fourth member would result in a Brown Act violation.

Ethics Training, AB 1234 and AB 1661 Training, and Other Training Requirements Each Member shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service. New Members must receive this training within their first six months of service on a Commission. An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the State Attorney General. The City shall maintain all records relating to a Members’ ethics training for at least five years. These documents are public records subject to disclosure. 33 22
(Resolution No. 06-10462 and 09-11310). Failure to obtain this training within the specified time period and present a certificate of completion to the City Clerk shall be deemed to be resigned from office.

Each Planning Commission member shall attend biennial training by the Planning Division, and by the City Attorney, relating to the California Environmental Quality Act (CEQA), land use, and related issues. A newly appointed member shall attend such training within six months of appointment.

Planning Commission members shall attend the League of California Cities Planning Commissioner Training as needed.

Adjournment or Continuance
A legislative body may adjourn or continue any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the adjournment or continuance notice. A copy of the adjournment or continuance notice shall be conspicuously posted on or near the door where the meeting was held within twenty-four (24) hours after the time of adjournment or continuance. If the matter is continued to a time less than twenty-four (24) hours after the adjournment, a copy of the continuance notice shall be posted immediately following the meeting that was continued.

Subcommittees
Standing Committees
A standing committee is defined as a body that shall exist more than six months made up of less than a quorum of an advisory body with a specific charge. The City Council must approve the establishment of a standing committee and standing committees must meet the requirements of the Brown Act, including notice and posting of agendas. “Less-Than-a-Quorum, Ad-Hoc Committee Exception”
Most boards, commissions, committees, and task forces can create ad-hoc committees consisting of less than a quorum of their members to deal with specific issues. Such ad-hoc committees are not required to comply with the notice and open meeting requirements of the Brown Act if they exist for less than six months. This is often referred to as the “less- than-a-quorum exception.”
The “less-than-a-quorum exception” generally does not apply when two or more advisory bodies each appoint less than a quorum of their members to meet on a particular subject and develop a joint recommendation.

The City Council must approve the establishment of a Planning Commission ad hoc committee.

Appeals
Any person who believes that a final action of an advisory body has been taken in error may appeal that decision to the City Council. Appeals must be in writing, setting forth the nature 34 23
of the action and the basis upon which the action is considered to be in error, and addressed to the City Council in care of the City Clerk.

Planning Commission appeals must be received by the City Clerk within ten (10) calendar days following the date of the action from which such appeal is being taken. Appeals must be accompanied by the filing fee determined by the City’s most current fee schedule.

Conflict of Interest
General
Advisory body members may be required by the City’s Conflict of Interest Code to declare personal financial information by filing a Statement of Economic Interest (Form 700). Upon appointment, the City Clerk shall provide the advisory body member with the documents necessary for filing. Planning Commissioners are subject to full disclosure (ref. GC Section 87200).

Recusing Yourself
The City of Pittsburg has adopted a Conflict of Interest Code. No person shall make or participate in a government decision which they know, or have reason to know, will have a reasonably foreseeable material financial effect distinguishable from its effect on the public generally.

The City Attorney is available to help advisory body members decide if they should declare a disqualification on any issue, and the City Attorney will provide guidance in determining whether a Member should disqualify themselves from acting on the item. In these instances, Members should recuse themselves from a vote using the phrase, “. . . to avoid the appearance of impropriety” and explain fully the reason for the recusal. The member must not only disqualify themselves from voting, but must also refrain from participating in any debate on the matter. To accomplish this, the member must recuse themselves immediately following announcement of the item by the Chair, and leave the room after announcing the reason for the recusal. By law, the minutes of that meeting must state the reason for the recusal.

A Member recusing themselves may participate in the proceedings as a resident or applicant, as applicable. In such instances the Member shall state their intention to participate as a member of the public and it is recommended that the Member seek advice on the matter from the City Attorney.

Communications with the Public Outside of Meetings
Members of those advisory bodies which act in quasi-judicial capacity (i.e., review permit applications or hear appeals) may be prohibited from communicating about certain agenda items with members of the public outside of public meetings. Members of these advisory bodies should consult their respective advisory body bylaws to ascertain whether such a prohibition exists.

Social Media
35 24
Commissioners should exercise caution when using social media, and refrain from posting City business, including personal comments posted using your title in the signature, on Facebook, Twitter, YouTube, SnapChat, Next Door, etc. Remember, once something is out on the internet and in cyberspace, it may not be reversible and a retraction, clarification or correction may go unnoticed. Social media posts are not City-approved press releases unless posted on staff-controlled media.

Outside of meetings Members must avoid making comments that amount to bias in violation of an applicant’s due process rights. For example, a Member is not to announce an opinion on a quasi-judicial matter that will come to the advisory body for a decision in the future, such as a decision on a use permit, and instead keep an open mind.

Issuance of Technological Devices
At the discretion of the City Manager, Members of certain advisory bodies may be issued technological devices to be used for the sole purpose of viewing agendas online and communicating with City staff. Prior to issuance of any device, Members shall be required to sign an agreement accepting responsibility for use and return of the device(s) issued to the Member. Members issued devices shall be responsible for coordinating return of the device(s) and all appurtenances to Commission staff within 72 hours of termination of appointment. The City shall not be required to replace or repair lost, stolen, or broken items, or provide wi-fi, broadband internet connectivity for use of such devices.

Advisory Body Jurisdiction
The role of an advisory body member is different from that of a private resident in that ideas expressed and decisions made must be supported by those documents which guide the City. An individual Member is not simply present to voice a personal opinion, but is responsible to exercise discretion within the limitations of the advisory body’s jurisdiction and relevant guiding documents. In other words, the Member offers a resident’s interpretation of the values, goals, and procedures defined by, and bases decisions on, these underlying principles and documents.

It should be noted that, when an advisory body completes its actions on a specific matter of application before it, the advisory body no longer has jurisdiction as to that matter. For example, if the Planning Commission approves a use permit application, then the Planning Commission has completed its action on that use permit application and no longer has jurisdiction over it. If the Planning Commission wished to modify the use permit, it could only do so by an individual requesting an amendment to the approved use permit.

While all of the advisory bodies are responsible to further the goals of the City Council, other specific guidance for each body may be different:
 Planning Commission: Implements the goals of the General Plan; interprets and applies the Zoning Ordinance (Title 18 of the Pittsburg Municipal Code), the Subdivision Ordinance (Title 17), and the Sign Ordinance (Title 19); reviews projects and land use plans for compliance with the General Plan, with the California Environmental Quality Act (CEQA), with the Local Coastal Program as incorporated in the General Plan, and with specific area plans, including BART Specific Plan, and the Railroad Avenue Corridor; considers and 36 25
recommends revisions to the General Plan and the Zoning, Subdivsion, and Sign Ordinances.
 Historic Resources Commission: Implements the Resource Conservation Element of the General Plan (Section 9.5 – Historical and Cultural Resources; interprets and applies section 18.36.220(C) of Pittsburg Municipal Code; reviews permits for compliance with the California Environmental Quality Act (CEQA) as relative to historic and cultural resources; applies the Secretary of Interior Standards for rehabilitation of historic buildings; refers to State Historic Preservation Office (SHPO) resources as needed; provides recommendations regarding proposed legislation that has impact on local historic resources, including specific area plans; and oversees the updating of the Historic Building Survey.  Community Advisory Commission: The Community Advisory Commission (CAC) is an advisory body appointed by the City Council to provide information concerning quality of life issues for Pittsburg residents. The CAC also reviews and provides input to the City Council, including recommendations and suggested policies on issues of public interest, traffic and recreation issues. The CAC also provides input to the City Council regarding the general direction and emphasis of the park, recreation and arts needs of the city, including recommendations for reasonable standards and policies for park and recreation facilities development, programs and facility use. The CAC also assigns three members of the City’s Measure M/P Citizen Advisory Committee, and one member to serve as liaison to the Pittsburg Youth Advisory Commission. The CAC also participates in the Community Development Block Grant (CDBG) program and selection of recipients, the Public Safety Committee, and the Pittsburg Recognition Committee.
 Measure M/P Citizens Oversight Committee: This committee was formed after passage of Measure P, an interim sales tax increase and was a condition of passage of the Measure. The committee will sunset when the Measure does.  Sister Cities Committee: Governed by their bylaws, approved by the City Council, and by the bylaws and other regulatory documents of Sister Cities International.  Youth Advisory Commission: The Youth Advisory Commission is an advisory body appointed by the City Council to provide the youth voice to the City Council in promoting civic engagement and community service while furthering the understanding of how municipal government works. The Youth Advisory Commission specifically serves as a liaison between Pittsburg youth and the City Council concerning issues that affect the quality of life for the youth of Pittsburg. The Youth Advisory Commission provides information, makes recommendations, and suggests policies to the City Council on issues of civic engagement and community service.
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Handbook and revisions adoptions:

June 15, 2015, Resolution No. 15-13052A
April 4, 2016, Resolution No. 16-13173
November 19, 2018, Resolution No. 18-13565
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ACKNOWLEDGEMENT
I, _______________________________________, have received and read this Handbook for City Advisory Bodies and agree to all terms herein. _______________________________________
(Signature)
_______________________________________
(Date)
******************************************************************************************************** Please return this page to the City Clerk’s Office, 65 Civic Avenue, Pittsburg, CA. If you have any questions, please contact the staff member assigned to your Commission.
39 CITY OF

PITTSBURG
Handbook
for
City Advisory Bodies
Prepared by the City Clerk’s Department
City of Pittsburg
November 2022
40 2
Table of Contents
Welcome and Orientation……………………………………………….... 3
Advisory Bodies by Departments………………………………………... 3
Introduction
Purpose for Advisory Bodies…………………………………..… 4
How Appointments Are Made………………………………….... 4
Applications ………………………………………………. 4
Eligibility Requirements/Qualifications ……………………..….. 4 Term of Office……………………………………………………... 5
Authorizing Documents………………………….……… 5
Bylaws …………………………………………………… 5
Use of Title ……………………………………………… 6
Resignation/Removal from Office ……………………. 6
Meeting Times…………………………………………………... 6
Meetings ………………………………………………… 6
Chair and Vice Chair Election ………………………… 7
Attendance………………………………………………………… 6
Other ……………………………………………………. 7
Code of Conduct – Rules of Civility Generally ………………………… 7 Meetings: Standard Meeting Protocol………………………………… 8
Preparation for Meetings…………………………..……………. 9
Rules of Debate…………………………………………………... 10
Chair ……………………………………………………….10
Advisory Body Members ……………………………… 11
Addressing the Advisory Body from the Floor ……… 11
Decorum in Meetings…………………………………………….. 12
Proceedings ……………………………………………. 12
Role of Chair………………………………………………….…… 13
Responsibilities of Chair ……………………………… 14
Preparing Motions………………………………………………… 14
Minutes ……………………………………………………………. 16
Advisory Body Role and Relationships ……………………………….... 16 Council-Advisory Body Relationship…………………………… 16
Staff-Advisory Body Relationship……………………….……… 17
Staff Responsibilities……………………………………………… 18
City Clerk…………………………………….…………………….. 19
City Attorney………………………………………………………. 19
Legal Matters ……………………………………………………………… 19
The Brown Act………………………….…………………………. 19
Meeting Types……………………….……………………………. 19
Regular Meetings…………………………………………………. 19
Ex Parte Contacts………………………………………………… 20
E-mail Communications Between Members………….……….. 20
Ethics Training, AB 1234 and AB1661 and Other Training..… 21 Adjournment or Continuance……………………….……………..…….. 21
Subcommittees…………………………………….……………………… 21
Appeals……….…………………………………….……………………… 22
Conflict of Interest…………………………………………………………. 22
General ……………………………………………………………. 22
Recusing Yourself…………………………..…………………….. 22
Communications with the Public Outside of Meetings…………23 Social Media ………………………………………………………. 23
Issuance of Technological Devices …………………………………….. 23
Advisory Body Jurisdiction……………………………………………….. 23
Handbook and Revisions Adoptions …………………………………… 26
Acknowledgement ……………………………………………………..… 27
41 3
Welcome and Orientation
Welcome and thank you for your willingness to serve as a member of a City of Pittsburg advisory body. While the City Council sets the goals and priorities for the City and its Commissions, you play an important role in City governance by assisting the City Council in addressing specific issues in detail, lending professional expertise, facilitating community decision-making, and serving as a primary conduit between residents, City staff and departments, and the City Council.

By signing this Handbook, each Commissioner agrees to the terms hereof.

Advisory Bodies by Departments
Advisory Body Department Date Established
Community Advisory Commission City Manager 1974
Historic Resources Commission Planning 6/15/81
Housing Authority Housing 1/1/67
Planning Commission Planning 7/25/81
Measure P/M Citizens Oversight
Committee
Finance 2/19/13
Sister Cities Committee Recreation 7/6/98
Youth Advisory Commission Recreation 9/17/20
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Introduction
Purpose for Advisory Bodies
Advisory bodies play an important role in City government by assisting and advising the City Council, the body that sets policy. Advisory bodies develop recommendations and present supporting information to the City Council, based on the Council’s annually adopted goals, policies and priorities for the following fiscal year. Certain advisory bodies have the authority to make final decisions; some decisions may be appealed to the City Council.

Members of City boards and commissions, hereafter collectively referred to as “Members” serve at the pleasure of the City Council. Appointments may be terminated at any time, without cause.

Pursuant to the Maddy Act, a list of the City’s commissions and appointments is posted at City Hall each year by December 31 and updated as vacancies occur and appointments are made.

For all boards, commissions, and committees, Members are required to file annual Statements of Economic Interest (Form 700) with the City Clerk’s Office. Planning Commissioners are required to file their Statement of Economic Interest (Form 700) with the Fair Political Practices Commission (FPPC) as required under Government Code Section 87200. A Commissioner’s failure to file the Form 700, after two notices from the City Clerk, shall be deemed a resignation from office. Each Planning and Community Advisory 43 5
Commissioner shall also attend an Ethics Training (AB 1234) and Sexual Harassment Awareness Training (AB 1661) seminar within six months of appointment, and every two years thereafter. Youth Commissioners shall attend an Ethics Training (AB 1234) upon taking their seat on the Commission and every two years thereafter. Additional training may be required as directed by the City Council. Required travel shall not extend outside of California.

This schedule will facilitate required training, particularly for Planning Commissioners, and will ensure all Commissions are on the same timetable. The City’s target is for recruitment to begin in December after a newly re-organized Council seating, with interviews scheduled for the first meeting in February and seating of new Commissioners at the second meeting in February.

Unless otherwise specified, the term of office for members of boards, commissions, and committees is four years. The term of office for members of an ad hoc committee is generally for the life of the specific issue. Members of permanent advisory bodies shall not serve more than two consecutive four-year terms. According to City Council policy, members who have served six years or less at the time their terms expire are eligible for reappointment. After a member’s second consecutive term expires, there must be at least a two-year break before that member may be appointed to the same advisory body. The City Council may reappoint members of boards, commissions, and committees to serve on other advisory bodies upon expiration of their current terms of office, or to the same commission if there are no other applicants or if the Council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits.

Bylaws
Each advisory body’s operations, procedures, and duties are established in adopted by- 44 6
laws. Bylaws are reviewed by the City Attorney and approved by the City Council.

Resignation/Removal From Office
Commissioners serve at the will of the City Council. Appointments may be terminated by the City Council at any time, without cause. Please reference the following:
“Pittsburg Municipal Code Section 2.04.060 City Commissions – Appointment – Removal from office of city commissioners – Conduct of business of city commissions “A. Commission appointments shall be made by the City Council. Unless the appointment involves filling a vacancy, the term of a newly appointed commissioner shall begin on the second meeting of March each year. The City Council may remove, at its pleasure, any commissioner during his/her term of office, by a majority vote of the City Council. “B. Commissioners who have reached their term limits, who resign or are removed from a commission by the City Council must wait one year before seeking appointment to the same commission. The City Council may adopt, by resolution, guidelines and requirements for the conduct of commission business.”
A board member or commissioner who resigns shall do so in writing by letter to the City Clerk. A “Leaving Office” Form 700 must also be filed.

Meetings
No business shall be transacted without a quorum. A member who is unable to attend a meeting is responsible for notifying the Chair, the City Clerk, and staff liaison at the earliest possible time.
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Chair and Vice Chair Election
Each advisory body elects a Chair and a Vice Chair annually, as specified in the bylaws.

However, if a scheduled regular meeting is cancelled due to a lack of a quorum, any member who is not present at the meeting will be deemed absent from the meeting, despite the meeting’s cancellation, for the purpose of this section.

If a Member must leave a meeting early, the Member should so advise the Commission chair, clerk and staff liaison as soon as possible and, preferably, before the meeting begins.

If the member’s early departure from the meeting results in the lack of a quorum, then the member’s early departure shall count as an absence.

If a Member will be late to a meeting, the member should endeavor to contact the Commission chair, clerk and staff liaison as soon as possible to provide that information. If a member arrives at a meeting more than 20 minutes after the scheduled time for the meeting to begin, the member’s late arrival shall count as an absence.

A Member’s inability to attend a special meeting, workshop, or subcommittee meeting held outside of the normal meeting time shall not be considered an absence for purposes of this section.

Attending a meeting by video or teleconferencing shall not be allowed unless there would otherwise be a lack of a quorum. It is preferable that Commissioners not schedule vacations, out of town trips or business matters that would require the need for the additional noticing and electronic requirements of video or teleconferenced meetings.

Code of Conduct
Members should avoid impropriety in the exercise of their official duties. The professional and personal conduct of Members must be above reproach and avoid even the appearance of impropriety. Members shall refrain from abusive conduct, personal charges or verbal 46 8
attacks upon the character or motives of other members of the City Council, boards, or commissions, the public and staff.

Members shall conduct themselves in a professional manner at all times during meetings.

Members should act with integrity and independence from improper influence as they exercise the duties of their offices. Characteristics and behaviors consistent with this standard include the following:
 Acting as if they were on official duty regardless of where they are or what they are doing.
 Avoiding personalizing issues by engaging in name-calling or personal invective, speaking in a derogatory or belittling manner towards those with whom one disagrees, whether they be colleagues or members of the public.  Remembering that all board and commission members are representatives of the public, and as representatives and servants, should treat each other and those they represent consistent with such high principle.
 Using their best independent judgment to pursue the common good; presenting their opinions to all in a reasonable, forthright, consistent manner; and making decisions which will promote the general and long-term interests of the City and its residents.  Keeping an open mind and being able to consider the opinions and ideas of others, even when board and commission members disagree with those opinions.  Listening to all testimony, and not reaching conclusions on issues until all interested parties have had an opportunity to express their position, or otherwise acting in a manner that would affect a party’s right to a fair hearing.  Showing respect for their offices and not acting in ways that reflect badly on those offices and diminish public respect for the office or the City.

The Title and Recommendation of each item on the agenda shall be descriptive and understandable to the public to conform to Brown Act requirements.

The posted agenda shall also indicate when opportunity is provided for the public to address the advisory body.

If a Member or staff intends to bring up an item for discussion or action, the item must be included on the agenda. Members of advisory bodies may request that the Chair or staff place any item within the purview of the advisory body on a future agenda. However, as 47 9
with the City Council meeting agenda, the City Manager makes the final decision as to what is, or is not, on the agenda.

Information items placed on an agenda may not be acted upon at the meeting. Any Member may, however, request that the information item be placed on a future agenda for action.

Staff will make every effort to post and distribute meeting agendas in a timely manner and in most cases well in advance of the 72-hour Brown Act requirements.

Staff shall maintain a record of the agenda and notice of adjournment posting.

Preparation for Meetings
 Be prepared. Thoroughly review the agenda packet, including agenda reports, and any other materials before the meeting. The issues that come before advisory bodies are important to the community as a whole and demand your consistent attention. In agreeing to serve on an advisory body, you make a commitment to put in the time required to prepare fully for each meeting.
 Understand what action you are being called on to take regarding each particular agenda item.
 If you have questions regarding the agenda or agenda report, contact the staff liaison before the meeting to clarify questions or request further information. This is preferable to you conducting your own independent research. Conducting 48 10
independent research may result in your unintentionally obtaining incorrect or out-of- date materials. Using City staff allows you to utilize their years of training and knowledge of Citywide issues. Interaction with City staff should be respectful and professional; it should go through the Board Secretary or the staff assigned to your Commission.
 Introducing substantive and/or substantial new information relating to an agenda item, not previously provided to staff in sufficient time for staff review, may result in continuance of that agenda item.
 Know the responsibilities of your advisory body, as well as the limitations of your individual authority. As a member of an advisory body you will be asked to provide recommendations to the City Council about specific issues. Keep in mind that your appointment does not empower you to direct or to supervise City staff.  Keep an open mind. An objective, balanced, and receptive approach will help you assess the facts of a given issue and evaluate new ideas. When receiving written and oral public testimony it will be necessary to discern between fact and opinion, as well as between those concerns which are relevant and those which are secondary to the issue at hand. Keeping an open mind will make it easier for you to understand all sides of an issue before you make a judgment or take a position. Expressing your opinion on a specific matter, prior to a meeting may result in your being disqualified from discussing or voting on that matter, due to pre-decisional bias.  Minimize, or even avoid, contact with the project applicant or project opponents prior to the meeting where you will hear the matter in question. Such unilateral or “ex parte” communication is better handled by staff who is familiar with the issues and will publicly and fully brief the Commission at the appropriate time. Any ex parte communication should be disclosed when the Commission hears the matter.  Strive to appreciate differences in approach and point of view. Diversity of ideas sustains a thoughtful dialogue and a vibrant community. Likewise, take care to articulate your own ideas: remember that your individual voice is a critical part of the whole dialogue. Again, furthering common goals takes cooperation, flexibility, and a broad-based view of the public interest. If in doubt, return to the foundational documents to guide your understanding of the complexities of an issue.  If you are unsure about something during the meeting, ask for clarification. On behalf of the public, your understanding of issues is important. Each advisory body has a City staff liaison to provide information to assist the members throughout the decision-making process.

Rules of Debate
Chair
The Chair may debate and may second motions but may not make a motion. The Chair is subject to the limitations of debate that are imposed on all members and, except for making motions and, shall not be deprived of any of the rights and privileges of a member. 49 11
Advisory Body Members
Every advisory body member desiring to speak shall address the Chair, and upon recognition by the Chair, shall confine comments to the question under debate, avoiding all indecorous language and references to personalities and abiding by the following rules of civil debate. A member, once recognized, shall not be interrupted except according to rules of parliamentary procedure (e.g., for a point of order, parliamentary inquiry, question of privilege, or appeal of Chair’s procedural ruling).

Addressing the Advisory Body from the Floor
Sign in sheets for attendance shall not be allowed unless statutorily required for a specific item ( e.g. some HUD items).

Securing Permission to Speak
Any person desiring to address the advisory body shall first secure permission from the Chair. Any advisory body Member may also request of the Chair that a member of the public be recognized to speak.

Remarks shall be directed and limited to the matter being considered.

All remarks shall be delivered in a respectful manner.
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Spokesperson for Group Presentations
Organized groups that wish to make a presentation longer than the time allowed for in the agenda should contact the advisory body staff prior to the meeting.

Decorum in Meetings
Proceedings
 Start meetings on time. Keep the agenda in mind in order to give each item the appropriate time.
 Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for response to those attending only for certain items, or for better pacing of the agenda.
 Let the Chair run the meeting.
 Be fair, impartial, and respectful of the public, staff, and each other. Give your full attention when others speak.
 Learn to trust your own good judgment on decisions.
 Remember that people may be attending a meeting for the first time and may be unfamiliar with your procedures. In your discussion, either avoid or explain technical terms, jargon, or verbal shorthand, particularly acronyms.  Listen to audience concerns. Do not engage in side conversations or otherwise be distracted during public testimony. The opportunity for public testimony is central to the strength of democracy and is therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your response or expression of your opinion on the matter is appropriately saved for after the public testimony is closed.  Close the public testimony before you begin serious deliberation on an issue.  Sometimes questions can most effectively focus discussion and direct decision- making. For example:

For staff:
 What is the history behind this item?
 What are the benefits and drawbacks?
 What other alternatives did you consider?
For other advisory body members:
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 What do you think about this item?
 What have you heard from the residents?
 What is in the public interest?
 Who benefits from this decision? The applicant? The public? Both?  What would it take for you to support this?
For the public (at a hearing):
 What are your concerns?
 How will this proposal affect you?
 What specific, constructive, alternatives can you recommend? For yourself:
 What are we trying to accomplish?
 What are the long-range interests of the community?
 What guidance can be found in our foundational documents?  Often you must balance multiple views, neither favoring nor ignoring one individual or group over another. Your obligation is to represent a broad-based view of the community’s long-range interests.
 Remember that your advisory body exists to take actions. It is not simply a discussion group or debating society.
 Courteous and professional behavior from members of the advisory body is not only expected, it is required. As appointed representatives of the City Council, your ability to treat all who come before the body with respect, even those with whom you disagree, is an important part of your service.
 Endeavor to end meetings at a reasonable hour. Short breaks may be helpful during long meetings. Extending the meeting beyond an appointed hour may be subjected to a vote when that hour nears. All meetings shall end by 10:00 pm, unless the Commission votes to extend the meeting past that time.

Use of electronic media during a meeting is limited to emergency purposes only.

Role of Chair
The Chair shall preserve order and decorum at all meetings of the advisory body, announce advisory body decisions and decide questions of order. The Chair is responsible for ensuring the effectiveness of the group process. A good Chair balances moving the discussion forward, involves all of the advisory body members and allows for adequate public participation. In the physical absence of the Chair, the Vice Chair shall act as presiding officer.
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Responsibilities of Chair
 Ensure that the public understands the nature of the issue being discussed (for example, reason for discussion, process to be followed, opportunities for public input, timeline for decision).
 Keep discussion focused on the issue at hand.
 Endeavor to rearrange the agenda so that items with fewer public speakers will be heard before items with more public speakers.
 Generally, for Planning Commission Meetings, an applicant should only be allotted 10 minutes for their presentation. Other Commissions may have specific time requirements for presentations, as determined by the Chair. All other speakers shall have a maximum of three minutes. Speakers shall not be allowed to “give” their three minutes to another speaker.
 Solicit opinions from Members before offering the opinion of the Chair. Encourage evaluation of new, tentative, or incomplete ideas. Discourage overly dominant Members from having disproportionate control over the discussion.  Protect Members, staff, the applicant, and the public from personal attacks.  Provide structure for addressing complicated issues.
 For major items, delay analysis and action until the full range of alternatives is on the table.
 Attempt to reach decisions expeditiously on action items. At those times when an action would be premature, guide discussion toward a timeline or framework for responsible action.

When a member wishes to propose an action on a particular item on the posted agenda for the advisory body to consider, the member makes a motion. A motion goes through the following steps:

1. The member asks to be recognized by the Chair.

2. After being recognized by the member makes the motion: “I move that we . . .”

3. Another member seconds the motion: “I second the motion.”

4. The Chair restates the motion and asks for discussion on the motion. 53 15

5. When the Chair determines that there has been enough discussion, the debate may be closed with: “I call the question.” or “Is there any further discussion?”

7. After the vote, the Chair announces the decision: “The motion carries unanimously,” “The motion carries four to three (list individually if requested),” or “The motion has failed.”
Some common motions include:
 Delay consideration: I move to continue the item until (date specific, or date uncertain).
 End discussion – A motion to table an item is not subject to debate and must be voted on immediately.
 Close Debate: I call for the question.
 Limit or Extend Debate: I move to limit or extend debate to…  Request More Study: I move to refer this to staff or (committee) for further study.  Amend a Motion: I move to amend by… If the amendment is accepted by the maker and seconder of the main motion, then it’s considered a “friendly amendment” and no separate vote is required. If it is not accepted, then a separate vote to amend the main motion is required. The amendment must be voted on before the main motion.  Adopt a Staff Recommendation: I move to adopt staff’s recommendation to…  Deny Staff Recommendation: I move to deny staff’s recommendation to…  Modify a Motion : I move to adopt the recommendation with the following modifications…
Properly phrasing a motion can be difficult and corrections may be necessary before it is acted upon. Until the Chair states the motion, the member making the motion may rephrase or withdraw it. Only motions that are voted on will appear in the minutes.

Members may wish to write out difficult motions. If a motion gets too complicated, call a recess and have staff assist with the wording.

It is best to avoid including more than one proposal in the same motion. This is especially important when advisory body members are likely to disagree.

Any member may ask the chair to divide a motion. If others do not object, the chair may proceed to treat each proposal as a separate motion.
54 16
Minutes
Minutes of meetings are vital records and are mandated by government code. By definition minutes provide “the record of actions taken.” Following City Council protocol, Commission minutes will be adopted as “Action” Minutes. In the rare instance that verbatim minutes are required for a particular item, reporting services are available. Workshops are generally for discussion of matters, where no action is taken. Therefore, minutes typically are not taken of workshops.

Advisory Body Role and Relationships
Members of commissions, like others who are charged with conducting the public’s business, must do so in the “public interest.” Unlike a special interest, where a limited number of people would stand to benefit or profit, the public interest represents the maximum number of benefits flowing to society at large and not to selected individuals or groups. In the case of the Planning Commission, commissioners need to determine what constitutes the public interest as decisions are made on items such as design review, conditional use permits, tentative maps and sign programs, and recommendations are made on rezonings, general plan amendments, and other matters.

The following pointers may help in keeping the public interest foremost in the decision- making process:
 Remember who the client is. It is not the applicant but the public at large and the interest which that public represents. It is not just the people in the meeting room, but all those who are at home, too. It is everyone that lives in the community and abides by the Planning Commission’s decisions.
 The question of who benefits from the decision should be asked. Does the applicant benefit at the expense of the public? Does the public benefit? Both?  The public interest includes the interest of all members of the community, not just the interests of selected members
 Decisions made in the public interest should consider, to the extent possible, future as well as current generations.

This relationship will depend on your advisory body as much as on you and the City Council.

In all cases, however, Members serve at the pleasure of the City Council. Appointments may be withdrawn at any time, without cause.

Staff-Advisory Body Relationship
The relationship of the advisory body and staff is an active, continuous, and nuanced one.

Both advisory body and staff are motivated by the shared goal of furthering the City’s best interests. Yet while the goal is shared, there are times when the approach and responsibility towards implementing the goal are significantly different. Some things that one body can do, the other cannot. Sometimes staff may wish to accomplish a specific goal, but due to the constraints of their employment, they may not readily be able to advance their ideas. Likewise, the advisory body recognizes obligations to fulfill larger objectives that staff, in their demanding workloads, may sometimes overlook. Because the distinctions in responsibility are not always explicit, cultivating a balanced understanding of your role is essential. The interaction need never be adversarial, but rather can promote respect for different perspectives, and appreciation for each other’s strengths.

In order to recognize the range of roles and responsibilities, some facts to remember are:

1. Know the reporting relationships. In the City of Pittsburg, the staff liaison reports directly to the department director.

2. How is direction given? Can a study be directed to the staff from an advisory body or must it be given through an administrator or elected body?

3. How are staff proposals and recommendations handled? Staff strives to provide the advisory body with its best professional judgment, and this should be continuously 56 18
encouraged.

4. How are disputes between advisory body members and the staff handled? Proper lines of communication should be established beforehand to deal with any problems.

Staff Responsibilities
Important staff responsibilities include:
 Being informed about the latest developments in their field.  Providing background and expressing professional opinions and views to the advisory body on important issues.
 Providing administrative support, including agenda preparation and minute taking at meetings.
 Maintaining a professional position on all topics.
 Assisting the advisory body to stay on track and focused.  Interpreting City Council, City department, and relevant state, federal, actions and policies.
 Making sure the intent of the advisory body is not lost after a decision.  Developing a positive rapport with the Chair and advisory body members.  Alerting advisory body members of possible detrimental actions.  Presenting advisory body recommendations to the City Council.

In the event that the recommendation of staff and the recommendation of the advisory body differ regarding a given issue, both recommendations should be presented to the City Council. Staff and the advisory body will decide together how to handle presentation of the alternatives to the City Council. The format may vary. For example, both staff and the advisory body can each present a report. Or, staff can present both alternatives, with the advisory body Chair or chosen member delegate present to answer City Council’s questions. When there is a significant minority opinion, it can also be brought to the attention of the City Council, either as a separate report, or as testimony from an advisory body member. Regardless of the approach chosen, every effort should be made by staff to include the approved advisory body minutes of the relevant meeting(s) as part of the Council agenda report.
57 19
City Clerk
The City Clerk is a resource for advisory bodies. The City Clerk’s Office accepts and maintains applications, processes appointments, updates membership rosters, bylaws, informational booklets, and yearly attendance records. The City Clerk is also a resource with respect to the Brown Act, agenda processing, and procedural meeting questions. The City Clerk is the filing officer for Statements of Economic Interest, and any other required filings as identified by the City Council and by the State.

City Attorney
The City Attorney is a resource for understanding compliance with the Brown Act, for agenda legality issues, meeting process questions, and conflict of interest determinations.

Members are encouraged to rely upon the City Attorney for legal analysis. The City Attorney’s legal opinion shall be the primary source of legal expertise for the City’s advisory bodies.

Legal Matters
The Brown Act
City of Pittsburg advisory bodies are subject to State law governing both meetings and records. The California law governing open meetings is found in the California Code, Government Code, and Sections 54950-54962. It is commonly referred to as “The Brown Act.” The general intent is that advisory bodies act openly and that their records be open to the public.

Exemptions may exist and each body should orient new members on what, if any, exemptions exist for their meetings and records.

See Government Code Section 54950-54963 for the full text of the Brown Act.

Meeting Types
The Brown Act recognizes two types of meetings: regular meetings and special meetings.

Advisory body staff is responsible for identifying the type of meeting and posting all notices, including the agenda and notice of adjournment.

Regular Meetings
The Brown Act requires each legislative body to set the time for regular meetings by ordinance, resolution, bylaws, or whatever specifies the conduct of that body’s business.

Traditionally, this has been the bylaws of the legislative bodies. City Council approves all changes in bylaws, including the change of scheduled meeting dates and times. 58 20
Under City Council policy, meetings are generally held at City Hall or at other City facilities.

Meetings may be held outside City facilities when City space is not available. Neighborhood meetings will be held outside City facilities.

Ex Parte Contacts
Ex parte is a Latin term that means “from or on one side only.” It is related to the Brown Act in that it deals with public officials being influenced outside the public forum without the benefit of hearing all sides of an issue. Contacts that occur away from the hearing are known as ex parte and can include telephone calls, informal meetings, lunches or even a casual encounter on a street corner. The essential element of ex parte contact is that someone with a direct interest in a decision before the Commission, such as an applicant, a representative of the applicant or an opponent of the applicant, is attempting to influence or secure a vote outside the public forum.

Above all, commissioners should use common sense and good judgment when dealing with applicants and other interested parties outside a public forum.

E-mail Communications Between Advisory Body Members
59 21
Because e-mail communications can ultimately lead to the exchange of information intended to, or which may, create collective concurrence among a quorum of advisory body members, e-mail communications between advisory body members relative to advisory body business should be avoided. While three members of a seven-member board, for example, may appropriately communicate with one another by way of e-mail, the “forwarding” of such an e-mail message on to a fourth member would result in a Brown Act violation.

Ethics Training, AB 1234 and AB 1661 Training, and Other Training Requirements Each Member shall receive at least two hours of training in general ethics principles and ethics laws relevant to his or her public service. New Members must receive this training within their first six months of service on a Commission. An individual who serves on multiple legislative bodies need only receive two hours of ethics training every two years to satisfy this requirement for all applicable public service positions. The City may develop its own ethics training course or use an outside provider. If the City develops its own ethics training, the City must consult with the Fair Political Practices Commission and the State Attorney General. The City shall maintain all records relating to a Members’ ethics training for at least five years. These documents are public records subject to disclosure. (Resolution No. 06-10462 and 09-11310). Failure to obtain this training within the specified time period and present a certificate of completion to the City Clerk shall be deemed to be resigned from office.

Planning Commission members shall attend the League of California Cities Planning Commissioner Training as needed.

Subcommittees
Standing Committees
A standing committee is defined as a body that shall exist more than six months made up of less than a quorum of an advisory body with a specific charge. The City Council must approve the establishment of a standing committee and standing committees must meet the requirements of the Brown Act, including notice and posting of agendas. 60 22
“Less-Than-a-Quorum, Ad-Hoc Committee Exception”
Most boards, commissions, committees, and task forces can create ad-hoc committees consisting of less than a quorum of their members to deal with specific issues. Such ad-hoc committees are not required to comply with the notice and open meeting requirements of the Brown Act if they exist for less than six months. This is often referred to as the “less- than-a-quorum exception.”
The “less-than-a-quorum exception” generally does not apply when two or more advisory bodies each appoint less than a quorum of their members to meet on a particular subject and develop a joint recommendation.

The City Council must approve the establishment of a Planning Commission ad hoc committee.

Appeals
Any person who believes that a final action of an advisory body has been taken in error may appeal that decision to the City Council. Appeals must be in writing, setting forth the nature of the action and the basis upon which the action is considered to be in error, and addressed to the City Council in care of the City Clerk.

The City Attorney is available to help advisory body members decide if they should declare a disqualification on any issue, and the City Attorney will provide guidance in determining whether a Member should disqualify themselves from acting on the item. In these instances, Members should recuse themselves from a vote using the phrase, “. . . to avoid the appearance of impropriety” and explain fully the reason for the recusal. The member must not only disqualify themselves from voting but must also refrain from participating in 61 23
any debate on the matter. To accomplish this, the member must recuse themselves immediately following announcement of the item by the Chair and leave the room after announcing the reason for the recusal. By law, the minutes of that meeting must state the reason for the recusal.

Social Media
Commissioners should exercise caution when using social media, and refrain from posting City business, including personal comments posted using your title in the signature, on Facebook, Twitter, YouTube, SnapChat, Next Door, etc. Remember, once something is out on the internet and in cyberspace, it may not be reversible and a retraction, clarification or correction may go unnoticed. Social media posts are not City-approved press releases unless posted on staff-controlled media.

Issuance of Technological Devices
At the discretion of the City Manager, Members of certain advisory bodies may be issued technological devices to be used for the sole purpose of viewing agendas online and communicating with City staff. Prior to issuance of any device, Members shall be required to sign an agreement accepting responsibility for use and return of the device(s) issued to the Member. Members issued devices shall be responsible for coordinating return of the device(s) and all appurtenances to Commission staff within 72 hours of termination of appointment. The City shall not be required to replace, or repair lost, stolen, or broken items, or provide wi-fi, broadband internet connectivity for use of such devices.

Advisory Body Jurisdiction
The role of an advisory body member is different from that of a private resident in that ideas expressed and decisions made must be supported by those documents which guide the City. An individual Member is not simply present to voice a personal opinion but is responsible to exercise discretion within the limitations of the advisory body’s jurisdiction and relevant guiding documents. In other words, the Member offers a resident’s 62 24
interpretation of the values, goals, and procedures defined by, and bases decisions on, these underlying principles and documents.

While all of the advisory bodies are responsible to further the goals of the City Council, other specific guidance for each body may be different:
 Planning Commission: Implements the goals of the General Plan; interprets and applies the Zoning Ordinance (Title 18 of the Pittsburg Municipal Code), the Subdivision Ordinance (Title 17), and the Sign Ordinance (Title 19); reviews projects and land use plans for compliance with the General Plan, with the California Environmental Quality Act (CEQA), and with specific area plans; considers and recommends revisions to the General Plan and the Zoning, Subdivision, and Sign Ordinances.
 Historic Resources Commission: Implements the Resource Conservation Element of the General Plan (Section 9.5 – Historical and Cultural Resources; interprets and applies section 18.36.220(C) of Pittsburg Municipal Code; reviews permits for compliance with the California Environmental Quality Act (CEQA) as relative to historic and cultural resources; applies the Secretary of Interior Standards for rehabilitation of historic buildings; refers to State Historic Preservation Office (SHPO) resources as needed; provides recommendations regarding proposed legislation that has impact on local historic resources, including specific area plans; and oversees the updating of the Historic Building Survey.  Community Advisory Commission: The Community Advisory Commission (CAC) is an advisory body appointed by the City Council to provide information concerning quality of life issues for Pittsburg residents. The CAC also reviews and provides input to the City Council, including recommendations and suggested policies on issues of public interest, traffic and recreation issues. The CAC also provides input to the City Council regarding the general direction and emphasis of the park, recreation and arts needs of the city, including recommendations for reasonable standards and policies for park and recreation facilities development, programs and facility use. The CAC also assigns three members of the City’s Measure M/P Citizen Advisory Committee, and one member to serve as liaison to the Pittsburg Youth Advisory Commission. The CAC also participates in the Community Development Block Grant (CDBG) program and selection of recipients, the Public Safety Committee, and the Pittsburg Recognition Committee.
 Measure M/P Citizens Oversight Committee: This committee was formed after passage of Measure P, an interim sales tax increase and was a condition of passage of the Measure. The committee will sunset when the Measure does.  Sister Cities Committee: Governed by their bylaws, approved by the City Council, and by the bylaws and other regulatory documents of Sister Cities International. 63 25
 Youth Advisory Commission: The Youth Advisory Commission is an advisory body appointed by the City Council to provide the youth voice to the City Council in promoting civic engagement and community service while furthering the understanding of how municipal government works. The Youth Advisory Commission specifically serves as a liaison between Pittsburg youth and the City Council concerning issues that affect the quality of life for the youth of Pittsburg. The Youth Advisory Commission provides information, makes recommendations, and suggests policies to the City Council on issues of civic engagement and community service.
64 26
Handbook and revisions adoptions:

June 15, 2015, Resolution No. 15-13052A
April 4, 2016, Resolution No. 16-13173
November 19, 2018, Resolution No. 18-13565
[Insert date, 2022, Resolution No. 22-]
65 27

EXECUTIVE SUMMARY
Historically, the City Council takes a recess during the winter months to allow for both staff and City Council vacations during the holiday season and to accommodate the City’s Winter Closure.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
By Minute Order, determine whether or not to have a City Council winter recess, and if so, when. It is suggested that the Council respectfully consider January 3, 2023 as the recess date.

BACKGROUND
The City Council historically takes a recess during the winter months to allow for both staff and City Council vacations during the holiday season and to accommodate the City’s Winter Closure.

This recess, when taken, has typically been during either the period that would encompass the second meeting of December or the first meeting in January. In light of the fact that the first meeting of December is limited to the ceremony surrounding the City Council reorganization, and there is potential year-end business to conduct prior to December 31, the first meeting of January 2023 (January 3) would be a more opportune time for recess.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
67 STAFF ANALYSIS
The second meeting of December is currently scheduled for December 19, 2022. Mayoral rotation takes place on December 5 and typically no other business is conducted at that meeting. The City’s Winter Closure is scheduled for December 23 through December 30, 2022. The optimum date for recess is January 3, 2022. Business as usual will continue with the second meeting of January which is scheduled for Tuesday, January 17, 2023.

ATTACHMENTS:

None
Report Prepared By:

Alice E. Evenson, City Clerk
68 Combined Agency/City Council Minutes Page 1 of 4 October 17, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: October 17, 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)
Mayor White called the meeting to order at 7:00 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. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel Employee organization: International Brotherhood of Electrical Workers Local 1295

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1):

Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462
City Attorney Mooney stated there was no reportable action taken in Closed Session.

ROLL CALL
All Members were present.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
69 Combined Agency/City Council Minutes Page 2 of 4 October 17, 2022

PRESENTATIONS

3. Equity for Black Women and Girls

CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on upcoming City events.

PUBLIC COMMENTS
Charles Clark, Pittsburg, inquired about speed humps in his neighborhood.

Amy Kubeck, Pittsburg, inquired about traffic issues at San Marco intersections.

Alaysia Delk, Pittsburg, thanked the City Council for the movie tickets this past weekend.

Nasser Sanane, Pittsburg, spoke about the LaRaza Market and Valero gas station project.

COMMITTEE REPORTS
Member Killings, along with Vice-Mayor Scales-Preston, attended the Los Medanos Health Advisory Committee.

CITY COUNCIL MEETING

CONSIDERATION

4. Introduction and Waive First Reading of an Ordinance Amending Title 8.08 of the Pittsburg Municipal Code Regarding Sustainable Food Packaging and Condiments On Motion by Member Banales, seconded by Member Killings to introduce and waive first reading of the ordinance and carried unanimously.

5. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the Office of Traffic Safety Grant Funds for the Selective Traffic Enforcement Program (STEP) On Motion by Vice Mayor/Chair Scales-Preston, seconded by Member Craft to adopt with provisions that additional Highway 4 cooperative traffic operations be prioritized and carried unanimously.

6. Adoption of a City Council Resolution to Accept Project 2232, 2020/21 Pavement Maintenance Project as Complete and Authorize the City Engineer to File a Notice of Completion
On Motion by Member Killings, seconded by Member Banales to adopt and carried unanimously.
70 Combined Agency/City Council Minutes Page 3 of 4 October 17, 2022

CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
City Manager Evans noted Items 8 and 12 are duplicates. Only Item 8 will be adopted and Item 12 will be removed.

On Motion by Member Craft, seconded by Member Banales to adopt without Item 12 and carried unanimously.

7. Minutes of October 3, 2022

8. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)

9. Adoption of a City Council Resolution Authorizing the Execution of a Consultant Service Agreement with FirstCarbon Solutions for the Siena at San Marco (Units 16 and 17) Subdivision

10. Adoption of a City Council Resolution Accepting the Public Improvements for Subdivision 9497 - Vista Del Mar II

11. Adoption of a City Council Resolution to Modify the Uniform Allowance and Amend the AFSCME Miscellaneous A and Management, Professional, Confidential Agreements

12. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)

13. Adoption of a City Council Resolution Authorizing Execution of the Equipment Lease Purchase Agreement with Motorola Solutions to Replace the Police Radio System to Meet California Department of Justice Requirements

14. Adoption of a City Council Resolution Authorizing City Manager to Execute First Amendment to Consulting Services Agreement with Anchor QEA and to Negotiate and Execute a Reimbursement and Indemnity Agreement with New York Landing Homeowners Association for Dredge Design

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.

COUNCIL MEMBER REMARKS
Vice-Mayor Scales-Preston attended the Mr. Mims celebration event, the grand opening 71 Combined Agency/City Council Minutes Page 4 of 4 October 17, 2022 of the boutique on Railroad Avenue, and thanked Supervisor Glover and Mayor White for sponsoring the movies at the Maya Theater. She also attended the groundbreaking of the Courtyard by Marriott today.

Member Craft thanked Jordan Davis for his role in the Courtyard by Mariott project coming to fruition.

Mayor White stated it was a pleasure to co-sponsor the movies over the weekend. He then read the proclamation that was presented to Mr. Willie Mims.

ADJOURNMENT
The City Council adjourned at 8:15 P.M. to November 7, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
72 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
SUBJECT: Adoption of a Southwest Pittsburg GHAD II Resolution to Authorize the Summary Vacation of a 7,720 sf Geologic Hazard Abatement District Maintenance Access Easement
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
The Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) owns and maintains 6.25 acres of open space and environmental mitigation area at the southeastern corner of W Leland Road and San Marco Boulevard. The GHAD’s existing access easement to this mitigation area must be vacated to allow for the construction of the anchor tenant building at the San Marco Commercial Center Project.

FISCAL IMPACT
This item has no fiscal impact.

RECOMMENDATION
Staff recommends the GHAD II Board adopt the attached resolution vacating the existing 7,720 square foot access easement located on Assessor’s Parcel Number 091-050-077.

BACKGROUND
On January 19, 2016, the GHAD II Board approved Resolution 16-052 accepting ownership of land known as the San Marco Open Space Preserves.

On April 16, 2016, San Marco Properties LLC granted the Southwest Geologic Hazard Abatement District II a 7,720 square foot maintenance access easement.

On November 16, 2020, the City Council adopted Resolution 20-13849 amending the General Plan Land Use Map for the San Marco Commercial Center Project. The project includes a 29,822 square-foot anchor tenant building and two separate commercial pad sites on a 3.69-acre property located at the southeastern corner of San Marco Boulevard and W Leland Road.
73 SUBCOMMITTEE FINDINGS
This item was not presented at a subcommittee.

STAFF ANALYSIS
The existing GHAD maintenance access easement encumbers a portion of the commercial center parcel. The planned future improvements will not allow equipment to adequately maneuver around the future improvements to access the mitigation area. The property owner, San Marco Properties LLC, is conveying a new 2,722 square foot access easement that provides a more appropriate access and turn-around area for maintenance equipment.

ATTACHMENTS: Resolution
Attachment A—Existing Maintenance Access Easement
Attachment B—New Maintenance Access Easement
Report Prepared By: Jolan Longway, Clean Water Program Coordinator 74 Resolution No. 22- Page 1 of 2 November 7, 2022

BEFORE THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT

DISTRICT II
In the Matter of:

Adopting a Southwest Pittsburg GHAD ll ) RESOLUTION NO. 22- Board Resolution Authorizing the Summary )
Vacation of a 7,720 Square Foot )
Maintenance Access Easement )

WHEREAS, a maintenance access easement was conveyed to the Southwest Pittsburg Geologic Hazard Abatement District ll (GHAD) for access to a 6.25-acre environmental mitigation area at the southeastern corner of West Leland Road and San Marco Boulevard; and
WHEREAS, on November 16, 2020, the City Council adopted Resolution 20-13849 amending the General Plan Land Use Map for the San Marco Commercial Center Project, which includes a 29,822 square foot anchor tenant building on the easement parcel; and WHEREAS, the existing maintenance access easement encumbers the commercial center parcel and proposed improvements, and therefore necessitates vacation of the easement; and
WHEREAS, the property owner San Marco Properties LLC is conveying a new 2,722 square foot access easement as described within Attachment B, attached hereto, that provides appropriate access and turn around area for maintenance equipment; and WHEREAS, the City Council may vacate all or part of a street, highway, or public service easement pursuant to the Public Streets, Highways, and Service Easements Vacation Law (State of California Streets & Highways Code, Section 8300 et seq.); and WHEREAS, the summary vacation proceedings are to be conducted pursuant to the provisions in Section 8330-8336, Chapter 4 of Part 3, Division 9, entitled “Summary Vacation” of the State of California Streets & Highways Code; and

WHEREAS, the summary vacation requirement for a public street has been met, pursuant to §8331 and §8334 of the California Streets & Highways Code; and WHEREAS, the Planning Director has determined that the proposed vacation is in conformance with the City’s General Plan.

NOW, THEREFORE, BE IT RESOLVED that the GHAD II Board of the City of Pittsburg hereby orders the summary vacation of that portion of APN 091-050-077 as described within Attachment A attached hereto.
75 Resolution No. 22- Page 2 of 2 November 7, 2022 BE IT FURTHER RESOLVED, pursuant to Streets and Highways Code section 8336, the City Clerk shall cause a certified copy of this Resolution, attested by the Clerk under seal, to be recorded in the Office of the Recorder of the County of Contra Costa.

PASSED, AND ADOPTED by the Southwest Pittsburg GHAD ll Board of the City of Pittsburg at a regular meeting on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
ATTEST: Holland Barrett White, Mayor
__________________________
Alice E. Evenson, City Clerk
76 77
78 79
80 81
82 EXHIBIT’A’

LEGAL DESCRIPTION

GHAD ACCESS EASEMENT

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF PITTSBURG,

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL ‘A’ AS SAID PARCEL IS SHOWN ON THE PARCEL MAP WAIVER FOR LOT LINE ADJUSTMENT PMW 21-04 RECORDED MAY 4, 2022 UNDER RECORDERS SERIES NUMBER 2022-0077185 IN THE OFFICE OF THE

COUNTY RECORDER OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE MOST SOUTHEASTERLY CORNER OF SAID PARCEL ‘A’,

SAID POINT BEING ON THE NORTHERLY LINE OF THAT PARCEL DEEDED TO

THE SOUTHWEST PITTSBURG GEOLOGICAL HAZARD ABATEMENT DISTRICT (GHAD) RECORDED JULY 19, 2016 UNDER RECORDERS SERIES NUMBER 2016 - 0142014 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA

COUNTY, STATE OF CALIFORNIA, THENCE ALONG THE EASTERLY LINE OF SAID PARCEL ‘A’ NORTH 11°02'05" EAST, 3.50 FEET TO THE POINT OF BEGINNING;

THENCE LEAVING SAID EASTERLY LINE NORTH 79°00'17" WEST, 97.67 FEET;

THENCE SOUTH 10°59'43" WEST, 3.50 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID PARCEL ‘A’;

THENCE ALONG SAID PARCEL ‘A’ NORTH 79°00'17" WEST, 31.23 FEET;

THENCE LEAVING SAID PARCEL ‘A’ NORTH 10°59'43" EAST, 23.50 FEET;

THENCE SOUTH 79°00'17" EAST, 14 1.59 FEET TO THE EASTERLY LINE OF SAID PARCEL ‘A’;

THENCE ALONG SAID EASTERLY LINE SOUTH 13°44'05" WEST, 3.06 FEET;

THENCE NORTH 76°15'55" WEST, 12.55 FEET;

THENCE SOUTH 11°02'05" WEST, 17.54 FEET TO THE POINT OF BEGINNING.

CONTAINING 2,722 SQUARE FEET OF LAND, MORE OR LESS.

83 EXHIBIT 'B'

PLAT TO

ACCOMPANY LEGAL

DESCRIPTION
84 page 1

Project: 18062 SAN MARCO COMM Thu August 11 16:21:22 2022
Parcel Map Check

------------------------------------------------------------------------- --

Parcel name: NEW GHAD ESMT

North: 56135.7845 East : 78449.5924
Line Course: N 79-00-17 W Length: 97.67
North: 56154.4129 East : 78353.7153
Line Course: S 10-59-43 W Length: 3.50
North: 56150.9771 East : 78353.0477
Line Course: N 79-00-17 W Length: 31.23
North: 56156.9336 East : 78322.3910
Line Course: N 10-59-43 E Length: 23.50
North: 56180.0022 East : 78326.8732
Line Course: S 79-00-17 E Length: 141.59
North: 56152.9970 East : 78465.8640
Line Course: S 13-44-05 W Length: 3.06
North: 56150.0245 East : 78465.1374
Line Course: N 76-15-55 W Length: 12.55
North: 56153.0042 East : 78452.9463
Line Course: S 11-02-05 W Length: 17.54
North: 56135.7885 East : 78449.5891

Perimeter: 330.64 Area: 2,722 sq.ft. 0.06 acres

Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0052 Course: N 39-13-00 W Error North: 0.00402 East : -0.00328
Precision 1: 63,584.62

85 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 Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e) MEETING DATE: December 5, 2022

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 adopt the attached resolution, continue in-person meetings with the exception of subcommittee meetings which will remain virtual.

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.

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 86 majority of the legislative body. As detailed in the attached resolution, findings were made on September 19, 2022, and are effective for 30 days.

SUBCOMMITTEE FINDINGS
This item was not submitted 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:
• Give notice and post agendas as otherwise required by the Brown Act; • 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;
• Provide an opportunity to comment in advance of and during the meeting; • 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;
• No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
• All votes must be via rollcall;
• Comply with state and federal civil rights and non-discrimination laws; and • 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.

The City Council resolution, if approved, would authorize teleconferenced meetings of subcommittees.

Making the findings would allow teleconferenced meetings for the next 30 days.

ATTACHMENTS: Resolution
Report Prepared By: Garrett Evans, City Manager
87 Resolution No. 22- Page 1 of 2 November 7, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Making Findings in Support of Continuing to )
Hold Public Subcommittee Meetings By ) RESOLUTION NO. 22- Teleconference 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 City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
88 Resolution No. 22- Page 2 of 2 November 7, 2022
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, February 7, 2022, March 7, 2022, April 4, 2022, May 2, 2022, June 6, 2022, June 20, 2022, July 18, 2022, August 15, 2022, September 19, 2022 and October 17, 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 increased markedly and then decreased but continues to be transmitted in the community.

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, and on March 1, 2022, issued a recommendation for social distancing, among other recommendations, during public meetings.

BE IT FURTHER RESOLVED that the City Council hereby approves meetings of subcommittees to be held by teleconference in compliance with California Government Code Section 54953(e). As there are numerous subcommittees, some which are comprised of members of more than one legislative body, and meet frequently, for the protection of the health of attendees all subcommittee meetings are to be held by teleconference.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
89 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 an Ordinance Amending Title 8.08 of the Pittsburg Municipal Code Regarding Sustainable Food Packaging and Condiments
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
On October 17, 2022, the City Council introduced and waived further reading of an Ordinance amending Title 8.08 of the Pittsburg Municipal Code. Approval of the amendments will bring the City into compliance with AB 1276 which aims to decrease plastic in landfills as well as plastic pollution in the streets and waterways of Pittsburg where it causes environmental harm.

FISCAL IMPACT
The proposed Ordinance has no impact on the General Fund. Development of an enforcement mechanism, defining enforcement obligations, and conducting public outreach are significant steps in reaching compliance with AB 1276. Staff time and activities associated with the proposed Ordinance will be managed and financed through the Solid Waste Fund.

RECOMMENDATION
City Council adopt Ordinance 22-1503 amending Chapter 8.08 of the Pittsburg Municipal Code Regarding Sustainable Food Packaging and Condiments.

BACKGROUND
On October 17, 2022, the City Council introduced Ordinance 22-1503 and moved unanimously to waive the first reading of the Ordinance amending Chapter 8.08 of the Pittsburg Municipal Code regarding sustainable food packaging and condiments. In 2018, the City adopted Chapter 8.08 “Sustainable Food Packaging – Polystyrene Products Regulation” to regulate the use and sale of polystyrene products as polystyrene is not biodegradable and breaks down easily into small pieces making it difficult and expensive to remove from the environment and keep from filling landfills. 90 Disposable foodware like plastic forks, knives, and straws affect the environment and landfills similarly, and in 2018, former Governor Jerry Brown signed Assembly Bill 1884 (AB 1884) prohibiting full-service restaurants from providing single-use plastic straws to consumers unless requested by the consumer. AB 1884 directed local health and environmental health officers and their agents to enforce the plastic straw regulation.

On October 5, 2021, Governor Newsom signed AB 1276, which expands the scope of AB 1884 by prohibiting food providers and third-party food delivery platforms from providing disposable foodware, such as cutlery, straws, and condiment packets to a consumer unless requested by the consumer.

SUBCOMMITTEE FINDINGS
On September 26, 2022, staff presented AB 1276 to the Economic Development and Waterfront Subcommittee noting that an amendment to Chapter 8.08 was forthcoming and received no opposing comments.

STAFF ANALYSIS
Like Chapter 8.08, AB 1276 is designed to reduce plastic waste associated with excess packaging and undesired condiments. The intended outcome of implementing the proposed Ordinance update is to decrease plastic in the landfill as well as plastic pollution in the streets and waterways of Pittsburg where it causes environmental harm. To achieve compliance with AB 1276, the proposed Ordinance updates:
 Expand and define sustainable food packaging items besides polystyrene as disposable foodware and standard condiments including:
• Utensils, which are defined as forks, knives, spoons, and sporks • Chopsticks
• Condiment cups and packets
• Straws
• Stirrers
• Splash sticks
• Cocktail sticks
 Establish complaint-based enforcement mechanisms by:
• Updating the City’s responsible enforcement party to Enforcement Official, consistent with the City’s other existing solid waste regulations • Expanding enforcement in the existing chapter beyond polystyrene products to disposable foodware and standard condiments
 Establish fines for foodware and condiment infractions in alignment with State law and reduce previously adopted fines for polystyrene infractions  Delineate those exempt and non-exempt from this legislation  Address third party food delivery platforms like Uber Eats, Grub Hub, Door Dash, etc.  Change the title of Chapter 8.08 from Sustainable Food Packaging – Polystyrene Products Regulation” to “Sustainable Food Packaging and Condiments” The City has contacted the Pittsburg Chamber of Commerce and Sustainable Contra Costa to conduct outreach to the business community and consumers. Staff will continue working with these Pittsburg communities to build awareness of the provisions of the proposed Ordinance. It is expected that restaurants and businesses will experience a positive fiscal impact due to the distribution of less inventory.
91 After introducing the Ordinance, the City Council must approve the action by adopting the Ordinance by a majority vote at a subsequent meeting. The Ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS: Ordinance 22-1503 Amending Chapter 8.08 “Sustainable Food Packaging and Condiments”
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 92 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Ordinance of the City of Pittsburg )
Amending Chapter 8.08 of the Pittsburg ) ORDINANCE NO. 22-1503 Municipal Code Regarding Sustainable Food )
Packaging And Condiments )
WHEREAS, in 2021, the California State legislature passed and the Governor signed Assembly Bill 1276 to regulate single-use foodware accessories and standard condiments; and
WHEREAS, the new law requires a city to authorize an enforcement agency to enforce the requirements of the law.

NOW, THEREFORE, the City Council of the City of Pittsburg Does ORDAIN as follows:

SECTION 1. Amendment to the Pittsburg Municipal Code Chapter 8.08. Chapter 8.08 of the Pittsburg Municipal Code is hereby amended to read as follows:
(New language is in bold italic, deleted language is in strikethrough) Chapter 8.08

SUSTAINABLE FOOD PACKAGING AND CONDIMENTS POLYSTYRENE

PRODUCTS REGULATION
Sections:

8.08.010 Purpose.

8.08.020 Definitions.

8.08.030 Permitted and prohibited food service ware foodware

8.08.040 Prohibition on sale of polystyrene food service ware and foodware polystyrene coolers.

8.08.050 Exemptions.

8.08.060 Certification of compliance.

8.08.070 Enforcement and violation - Penalty
93 8.08.010 Purpose.

The purposes of this chapter are to reduce excess packaging and undesired condiments and prohibit disposable foodware accessories from being bundled or packaged in a way that prohibits the consumer from taking only the item desired, and to eliminate and regulate the use of polystyrene products in order to protect the health of Pittsburg citizens and promote environmentally sustainable practices in the city.

8.08.020 Definitions.

As used in this chapter, unless the context otherwise clearly indicates, the words and phrases are defined as follows:
“ASTM standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International standards D6400 or D6868 for compostable materials, as those standards may be amended.
“City contractor” means any person that enters into an agreement with the city to furnish products or services to or for the city.
“City facility” means any building, structure, property, park, open space, or vehicle, owned or leased by the city, its agents, agencies, departments or franchisees. “City-sponsored event” means any event, activity or meeting organized or sponsored, in whole or in part, by the city or any department of the city. “Compostable” means the product is capable of composting, accepted by the franchised hauler as compostable, and is labeled in accordance with California law, or is consistent with the timeline and specifications of ASTM D6400 and D6868, without regard to material type.
“Consumer” means a person is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food provider, and does not offer the food for resale.
“Correctional Institution” means any state prison, county jail, city jail, Division of Juvenile Justice facility, county- or city-operated juvenile facility, including juvenile halls, camps, or schools, or any other state or local correctional institution, including a court facility.
94 “Disposable food service ware foodware” or “disposables” means single-use, disposable products used for eating, serving or transporting prepared food, including but not limited to utensils (forks, knives, spoons, and sporks), chopsticks, condiment cups and packets, straws, stirrers, splash sticks, cocktail sticks, plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, lids, or any other container in or on which prepared foods are placed or packaged for consumption, and other items that are designed for one-time use for prepared foods including service ware for take-out foods and/or leftovers from partially consumed meals prepared by food providers.
“Establishment” means a place of business of a Food Provider or other person subject to the requirements of this chapter.
“Food pProvider” means any person or place that stores, provides, prepares, serves, vends, packages or sells, prepared food within the city to the general public to be consumed by humans on the premises or for take-away consumption. Food provider includes but is not limited to: (1) a grocery store, supermarket, restaurant, drive-through, cafe, coffee shop, snack shop, sandwich shop, hotel, motel, movie house, theatre, bar, public food market, farmers’ market, convenience store, or similar fixed place where prepared food is available for sale on the premises or for take-away consumption, and (2) any mobile store, food vendor, caterer, food truck, vending machine or similar mobile outlet where prepared food is available for sale on the premises or for take-away consumption. Food provider also includes any organization, group or other person that regularly provides prepared food to its members or the general public as a part of its activities or services, except at set forth in subsection 8.08.050 below. “Person” means any person, business, corporation, or event organizer or promoter; public, nonprofit or private entity, agency or institution; or partnership, association or other organization or group, however organized.
“Polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, (sometimes incorrectly called Styrofoam™, a Dow Chemical Co. trademarked form of expanded polystyrene foam insulation) processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is 95 “6” or “PS,” either alone or in combination with other letters. This definition applies to all polystyrene food service ware foodware and other products, regardless of whether it exhibits a recycle code. Expanded polystyrene (EPS) is generally used to make such items as cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. “Polystyrene cooler” means any cooler or ice chest made of polystyrene foam, where such foam is not fully encased in another material by its original manufacturer. “Polystyrene food service ware foodware” means disposable food service ware foodware that contains or utilizes polystyrene.
“Prepared food” means any food or beverage that is: (1) ready to consume without any further food preparation, alteration or repackaging; and (2) prepared, provided, sold or served by a food provider using any cooking, packaging or food preparation technique.

Prepared food may be eaten either on or off the food provider’s premises. Prepared food does not include: (1) any raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation, and (2) fresh produce provided for consumption without food preparation or repackaging, including fruits, vegetables, and herbs, sold by grocery stores, supermarkets, food markets, farmers’ markets and other food vendors.
“Ready-to-eat food” means food that is in a form that is edible without additional preparation to achieve food safety, is raw or partially cooked food of animal origin and the consumer is advised as such, or may receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes. “Recycle code” means a resin identification code placed on certain goods to identify the material composition for separation of different types of goods for recycling. “Single- use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
“Standard Condiment” means relishes, spices, sauces, confections, or seasoning that require no additional preparation and that are usually used on a food item after preparation, including ketchup, mustard, mayonnaise, soy sauce, hot sauce, salsa, salt pepper, sugar, and sugar substitutes.
“Third-party food delivery platform” has the same meaning as in section 113930.5 of the Health and Safety Code.
96 8.08.030 Permitted and prohibited food service ware foodware.

A. No food provider shall distribute or sell any polystyrene food service ware foodware in conjunction with the sale or distribution of prepared food at any location within the city.

B. Food providers that distribute prepared food in disposable food service ware foodware shall: (1) distribute only disposables that exhibit a recycle code other than No. 6 or PS or which are reusable or compostable, and (2) maintain documentation about the composition of the disposable food service ware foodware. Documentation may include information from the supplier, manufacturer, or bulk packaging of the disposables, and any other relevant information demonstrating that the disposable material is not polystyrene.

C. No person shall distribute or sell prepared food in any polystyrene food service ware foodware at city facilities that have been rented, leased or are otherwise being used with permission of the city. This subsection is limited to use of city facilities for which a person has entered into an agreement with the city to rent, lease or otherwise occupy a city facility. All facility rental agreements for any city facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/or distribution of polystyrene food service ware foodware while using city facilities. The facility rental agreement shall indicate that a violating contractor’s security deposit will be forfeited if the city manager or his designee determines that polystyrene food service ware foodware was used in violation of the rental agreement.

D. No person shall use or distribute polystyrene food service ware foodware at city- sponsored events, city-managed concessions, or city meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, city contractors, food providers and any other person that enters into an agreement with one or more of the function organizers to sell or distribute prepared food or otherwise provide a service related to the function. For the purpose of this section, a “function organizer” means the person(s) principally responsible for making decisions about a function’s date, time, location, program, choice of vendors, or similar decisions.

E. The city, its departments, and its city contractors, agents, and employees acting in their official capacity, shall not purchase or acquire polystyrene food service ware foodware, or distribute it for public use.
97 F. Except as provided in (H) and (I), below, a food provider, for on-premises dining or when using a third-party food delivery platform, shall not provide any disposable foodware or standard condiment packaged for single use to a consumer unless the disposable foodware accessory or standard condiment is requested by the consumer.

G. Disposable foodware and standard condiments packaged for single use provided by food providers for use by consumers shall not be bundled or packaged in a manner that prohibits a consumer from taking only the type of disposable foodware or standard condiment desired without also having to take a different type of disposable foodware or standard condiment.

H. A food provider may ask a drive-through consumer if the consumer wants disposable foodware if the disposable foodware is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready- to-eat food.

I. A food provider that is located entirely within a public use airport, as defined in section 77.3 of Title 14 of the Code of Federal Regulations, may ask a walk- through consumer if the consumer wants disposable foodware if the disposable foodware is necessary for the consumer to consume ready-to-eat food, or to prevent spills of or safely transport ready-to-eat food.

J. A third-party food delivery platform shall provide consumers with the option to request disposable foodware or standard condiments from a food provider serving ready-to-eat food.
(1) If a food provider uses any third-party delivery platform for ready-to- eat food, the food provider shall customize its menu with a list of available disposable foodware and standard condiments, and only the disposable foodware or standard condiments selected by the consumer shall be provided by the food provider. If a consumer does not select any disposable foodware or standard condiments, no disposable foodware or standard condiment shall be provided by the food provider for delivery of ready-to-eat food.

K. Nothing in this section shall prohibit a food provider from making unwrapped disposable foodware available to a consumer using refillable self-service dispensers that dispense one item at a time to allow for disposable foodware to be obtained.

L. Nothing in this section shall prohibit a food provider from making standard condiments available to a consumer using refillable self-service dispensers to allow for standard condiments to be obtained. A food provider that offers 98 standard condiments is encouraged to use bulk dispensers for the condiments rather than condiments packaged for single use. All food providers using any disposable food ware foodware for providing prepared food to customers will use compostable or recyclable disposable food ware which foodware that is accepted by the local franchise hauler.

GM. A food provider may charge a “take-out fee” to customers to cover the cost difference.

8.08.040 Prohibition of sale of polystyrene food service ware foodware and polystyrene coolers. No person shall sell any polystyrene food service ware foodware or polystyrene cooler at any location within the city.

8.08.050 Exemptions.

A. Regarding all disposable foodware except polystyrene foodware, the following are exempt from the provisions of this chapter:

1. Correctional Institutions.

2. Health care facilities licensed pursuant to Article 1 of Chapter 2 of Division 2 of the Health and Safety Code (commencing with section 1250), or facilities that are owned or operated by a health care service plan licensed pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (commencing with Health & Safety Code section 1340).

3. Residential care facilities licensed pursuant to Division 2 of the Health and Safety Code (commencing with section 1200).

4. Public and private school cafeterias.

B. Regarding polystyrene foodware, Tthe following are exempt from the provisions of this chapter:

1. Food prepared or packaged outside of the city, provided such food is not altered, packaged or repackaged within the city limits.

2. Coolers and ice chests, other than those defined as polystyrene coolers in this chapter.

3. Disposable food service ware composed entirely of aluminum. 99 4.2. Food brought by individuals for personal consumption to city facilities, including but not limited to city parks and facilities, provided the city facility is being used for individual recreation or similar purposes.

C. 5. The city manager or his/her designee enforcement official as defined in chapter 8.04 may temporarily suspend the provisions of this chapter for the immediate preservation of the public health, safety, or welfare in the event of an emergency or disaster as determined in his or her sole discretion.

DB. Food providers that are obligated to purchase or have purchased polystyrene food service ware foodware under a contract entered into within the year prior to the effective date of the ordinance codified in this chapter are exempt from the provisions of this chapter for six months following its effective date.

E. The city manager or his/her designee enforcement official may temporarily exempt any person from chapter 8.08 8.08.030 following the operative date of the ordinance codified in this chapter, as follows:

1. A request for an exemption shall be filed in writing with the city manager or his/her designee enforcement official and shall include documentation of the reason for the claimed exemption and any other information necessary for the city to make its decision. The city may require the applicant to provide additional information as necessary to make the required determinations.

2. The city manager or his/her designee enforcement official may approve the exemption for a maximum of one year, with or without conditions, upon finding that compliance would create an undue hardship. If the applicant requests to use or sell specific items or types of disposable food service ware foodware, the city manager or his/her designee enforcement official shall find that a suitable compostable, reusable or recyclable alternative does not exist for a specific application and/or that imposing the requirements of this chapter on that item or type of disposable food service ware foodware would cause undue hardship.

3. An applicant granted an exemption shall reapply prior to the end of the one-year exemption period and demonstrate continued undue hardship if the applicant wishes to have the exemption extended. The city manager’s or his or her designee’s enforcement official’s decision to grant or deny an exemption or to 100
grant or deny an extension of a previously issued exemption shall be in writing and shall be final.

8.08.060 Certification of compliance.

A. All food providers subject to PMC 8.088.08.030 shall certify compliance with polystyrene-related provisions of this chapter on an annual basis. Such reporting must be done on a form prescribed by the city manager, and must be signed by a responsible agent or officer of the food provider confirming that the information provided on the form is accurate and complete. All reporting must be submitted no later than 45 days after the end of each calendar year.

B. If the reporting form covering the food provider’s first year is submitted on time and is compliant with this chapter, then the food provider shall participate in self-recertification reporting each subsequent year by completing and keeping the annual report on site and available to the city manager and/or his designee. Each food provider shall also keep records that verify data in each year’s on-site report. A food provider that participates in self-recertification may destroy the completed reports and related records after five years have elapsed since the date of the report.

C. If the reports required by this section are not timely submitted by a food provider, or not maintained in compliance with subsection (B) of this section, such food provider shall be subject to the fines set forth in PMC 8.08.070 and or be required to submit annual reporting to the city as provided in subsection (A) of this section, in addition to on-site inspections.

8.08.070 Enforcement and violation – Penalty.

A. Violation of this chapter is hereby declared a public nuisance; this chapter shall be enforced in accordance with PMC 1.20.030, except as modified below or by any other applicable law.

B. No person owning, leasing, occupying or having charge or possession of any property in the city shall maintain a public nuisance under PMC 1.20.020, which includes, but is not limited to, leaving or storing any polystyrene packaging materials, polystyrene coolers, or polystyrene food service ware foodware outside an enclosed building or structure.

C. The city manager and code enforcement officer have enforcement official as defined in Chapter 8.04 has primary responsibility for enforcement of this chapter. The 101
city manager’s office enforcement official is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing citations, assessing fines and entering the premises of any establishment subject to this chapter during business hours. Other city staff may assist with this enforcement responsibility by entering the premises of an establishment as part of their regular inspection functions and reporting any alleged violations to the city manager.

D. If the city manager or code enforcement officer enforcement official determines that a violation of this chapter has occurred, he/she shall issue a notice of violation written citation to the operator of a subject establishment that a violation has occurred and the potential penalties that will apply for future violations.

E. Any person that violates or fails to comply with any of the requirements of this chapter after a written citation has been issued for that violation shall be guilty of an infraction.

FE. If a person has subsequent violations of this chapter that are similar in kind to the first violation addressed in a written citation, the following penalties shall be imposed and shall be payable by the operator of the establishment to the city of Pittsburg: Any subsequent violation of the same section of this chapter shall be subject to enforcement as follows:

1. Issue a second notice of violation.

2. Upon a third violation, issue a written citation publishable by a fine of twenty-five dollars ($25) for each day in violation, not to exceed three hundred dollars ($300) annually. Any person that violates or fails to comply with any of the requirements of this chapter after a second notice of violation has been issued for that violation shall be guilty of an infraction.

F. All penalties imposed shall be payable by the operator of the establishment to the City of Pittsburg fine not exceeding $100.00 for the first violation after the written citation is given;
102

2. A fine not exceeding $200.00 for a second violation of the same section within 12 months; or

3. A fine not exceeding $500.00 for a third and any subsequent violations of the same section within 12 months.
b. 1. All fines collected pursuant to this chapter shall be deposited in the police support services – administrative citations account to assist code enforcement with its costs of implementing and enforcing the requirements of this chapter. c. 2. Any operator of an establishment that receives a written citation may request an administrative review of the accuracy of the determination or the propriety of any citation issued, by filing a request for appeal with the city manager no later than 30 days after receipt of a written citation. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal, and an appeal fee in the amount set by resolution of the city council. Failure to timely request a hearing or to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. The appeal will be heard by a hearing officer designated by the city manager.
d. 3. The hearing officer shall conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the city of Pittsburg, and shall give the appellant 10 business days’ prior citation of the date of the hearing. The hearing officer may sustain, rescind, or modify the written citation, by written decision. The written decision shall be served on the appellant. The hearing officer shall have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the hearing officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision.

SECTION 2. CEQA.

The project is exempt from the requirements of the California Environmental Quality Act (CEQA) under categorical exemption Class 7, “Actions by Regulatory Agencies for Protection of Natural Resources,” of the state CEQA Guidelines, Section 103
15307, because it is required to comply with California law for protection of the environment by reducing the amount of organics going to landfills.

SECTION 3. Severability.

If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

SECTION 4. Publication.

The ordinance shall be posted and published in accordance with the California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on October 17, 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
Commented [MA1]: Does this have to be
November 7, 2022?
104

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 Authorizing the City Manager to Execute a Consultant Agreement with Luhdorff and Scalmanini for Engineering Services
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
The Water Treatment Plant is responsible for the treatment, quality, distribution, testing and regulatory compliance of the City’s water system, including groundwater wells. If approved, the resolution would authorize execution of a consultant agreement with Luhdorff and Scalmanini Consulting Engineers for groundwater monitoring and well maintenance services necessary for regulatory compliance.

FISCAL IMPACT
None from this action. The City Council approved sufficient funds for the proposed engineering services with adoption of the City’s Operating Budget for Fiscal Year 2022-23 (Resolution 22-14107), including Water Operations-Water Purification (Fund 501). No new funds are requested.

RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a Consultant Agreement in the amount of $118,652 for engineering services associated with groundwater monitoring and well services with Luhdorff Scalmanini Consulting Engineers.

BACKGROUND
The City uses groundwater in conjunction with water drawn from the Contra Costa Water District Canal for its drinking water operations. The price for untreated water drawn from the Canal is approximately $900 per acre foot. To offset the expense, the City draws water from two municipal wells, known as the Dover and Bodega wells. The savings averages approximately $800,000 per year.
105
Water from the wells is fed into the treatment system and blended with water from the canal to meet California Department of Water Resources regulations and requirements. During summer months, the City’s wells are sometimes temporarily out of service due to groundwater quality.

To improve the reliability and quality of the water supply from the City’s wells, staff identified a need for outside engineering services to monitor groundwater, assess and optimize the operation of Dover Well to assure reliability and decrease maintenance issues. In addition, the consultant would produce an Annual Groundwater Report as required by the State of California.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
In September 2022, staff solicited and received a proposal from Luhdorff and Scalmanini Consulting Engineers to provide engineering services for groundwater monitoring and well services. Luhdorff and Scalmanini Consulting Engineers (LSCE) is a consulting and services company that deals exclusively with the investigation, development, use, and management of groundwater resources. LSCE is the only firm with the necessary knowledge regarding the City’s water system that provides all required monitoring, maintenance and reporting services and has provided these services to the City previously for several years.

Sufficient funds for these engineering services are included in the Water Operations - Water Purification budget (Fund 501).

Staff recommends approval of a Consultant Agreement between the City and LSCE for Engineering Services related to state mandated groundwater monitoring and reporting and well services in the amount of $118,652.

ATTACHMENTS: Resolution
Proposal
Consulting Services Agreement
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 106

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:

A Resolution Authorizing the Execution )
of a Consultant Agreement with Luhdorff) RESOLUTION NO. 22-_______ and Scalmanini Consulting Engineers )
for Engineering Services )
WHEREAS, the City of Pittsburg operates a municipal water system which includes two groundwater wells that are an important part of the City’s water supply; and, WHEREAS, the condition and monitoring of these wells is essential for optimum operation and regulatory compliance; and,
WHEREAS, the Public Works Department solicited a proposal from Luhdorff and Scalmanini Consulting Engineers for engineering services related to groundwater monitoring and well services because of their expertise in these areas of service; and, WHEREAS, Luhdorff and Scalmanini Consulting Engineers is a consulting services company that deals exclusively with investigation, development, use, protection, and management of groundwater resources with extensive previous experience with City groundwater wells; and,
WHEREAS, Luhdorff and Scalmanini Consulting Engineers is the only firm with the necessary knowledge regarding the City’s water system that provides all required monitoring, maintenance and reporting services and has provided these services to the City previously for several years; and,
WHEREAS, sufficient funds to accommodate the engineering services are included in the Water Operations - Water Purification budget (Fund 501).

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with Luhdorff & Scalmanini Consulting Engineers, Inc.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
107

September 28, 2022
LSCE Project: 22‐2‐118

Mr. Jason Moser
Water Plant Superintendent
City of Pittsburg
357 E. 12th Street
Pittsburg, CA 94565

SUBJECT: ENGINEERING SERVI CES FOR FISCAL YEAR 2022-2023

GROUNDWATER MONITORING AND WELL SERVICES

Dear Mr. Moser:

Luhdorff & Scalmanini Consulting Engineers, Inc. (LSCE) is pleased to provide a scope and budget for technical assistance with the City of Pittsburg (City) groundwater monitoring program, California Statewide Groundwater Elevation Monitoring (CASGEM) program, well and pump evaluation of the Dover and Bodega groundwater wells, and as‐needed on‐call services related to the City’s water supply wells for fiscal year beginning July 1, 2022 and ending June 30, 2023.

Scope for Proposed Engineering Services
LSCE proposes to provide engineering services to the City according to the following tasks:

Task 1: Technical Assistance with Monitoring Program
LSCE will review the groundwater monitoring data (i.e., monthly groundwater level measurements from the municipal supply wells and 14 monitoring wells; semi‐annual groundwater quality data from the municipal water supply wells) that the City collects. LSCE will identify questionable or unusual measurements and analytical results and recommend follow‐up activities, as appropriate. LSCE will compile and organize the data in tables and figures (e.g., hydrographs and groundwater elevation contour maps for spring and fall) for inclusion in the 2022 Annual Groundwater Monitoring Report, and provide technical guidance for monitoring activities under the City’s Groundwater Management Plan, as needed.

Task 2: Fall 2022 Groundwater Sampling Campaign
Groundwater quality samples from the City’s monitoring well network have been retrieved approximately on a 3‐year schedule since 2006 to facilitate the evaluation of general groundwater quality conditions and particularly the potential of salt water intrusion into the coastal aquifers from which the City extracts groundwater. The last such campaign was carried 108
MR. MOSER
SEPTEMBER 28, 2022
2 out in 2019. This scope of work includes a fall 2022 groundwater sampling campaign with sample retrieval from the City’s 14 monitoring wells. Samples will be analyzed by an ELAP certified analytical laboratory, for general minerals and physical constituents, and total and dissolved iron and manganese. Field work will be carried out by a subcontractor selected by LSCE.

Task 3: Technical Assistance with 2023 CASGEM Submittals LSCE will assist the City with complying with the California Department of Water Resources (DWR) SBx7‐6 groundwater elevation monitoring program. City staff will measure static water levels in each of the required wells in the spring (mid‐March) and fall (mid‐October) periods after a 24‐ hour shutdown of the production wells in accordance with the CASGEM Monitoring Plan. LSCE will request measurement results from the City (one round of water level measurements for each reporting period), compile and submit the data to DWR via the CASGEM website.

Task 5: Perform Pump Efficiency Testing for Bodega Well After experiencing pump motor failure in 2022, the Bodega Well pump and motor were removed and replaced with a new pump bowl assembly and motor. In addition, four new 20‐ft sticks of steel column pipe replaced 80‐ft of corroded pipe and a new sensor cable was installed. In order to evaluate the efficiency and performance of the new pump motor, LSCE will perform a pump hydraulic and efficiency test. Field data will be collected and evaluated to determine if the new pump and motor performance satisfies factory standards and system demands.

If unsatisfactory results are discovered during testing, LSCE will coordinate with Kirby Pump and Mechanical (Kirby) to evaluate possible causes of undesirable results and/or for improper installation of the pump and related components. Any costs incurred due to improper installation of the pump should be at the expense of Kirby under the original service contract.

Task 6: Perform Well Rehabilitation of Dover Well
At the request of the City, under this Task, LSCE has included the scope of work to conduct a full rehabilitation of the Dover well. LSCE envisions the following tasks will be performed under this Task:
• Development of a detailed chemical treatment program to restore the yield and specific capacity of the Dover Well.
109
MR. MOSER
SEPTEMBER 28, 2022
3 • Contract with Roadrunner Drilling and Pump Company to perform the well rehabilitation work.
• Provide onsite inspection to monitor the well rehabilitation work. • Ensure proper discharge of development fluids to the City’s easement adjacent to the pump station building.

Task 7: On‐Call Services (per request)
LSCE will provide the City with on‐call services related to the Bodega and Dover production wells and other groundwater matters. Services may include review of video logs, pump efficiency testing, diagnosing well problems, preparing supporting exhibits on groundwater conditions, preparing scopes and budgets for well rehabilitations, etc. LSCE will only conduct work under this task as requested by the City.

Budget Estimate and Contract Administration
The proposed budget for Tasks 1 through 6 is presented below. Budgeting reflects the estimated costs for similar services provided in past years. LSCE will submit monthly invoices according to the attached schedule of fees and will reference the City’s Purchase Order.

Task Description Engineering Services
Subcontractor
& Material
Costs
LSCE
Costs
Total
Budget
1 Technical Assistance with Monitoring Program   $4,646   $4,646 2 Monitoring Well Sampling $12,598 $1,400 $13,998
3 Technical Assistance with CASGEM Submittals   $3,137   $3,137 4 Preparation of 2022 Annual Groundwater Monitoring
Report
$11,846   $11,846
5 Perform Pump Efficiency Testing for Bodega Well   $4,980 $4,980 6 Perform Well Rehabilitation of Dover Well $51,060* $10,820 $61,880 7 On‐Call Services (per request)   $10,000   $10,000 TOTALS $63,658   $36,829 $110,487
*Note: Pricing based on estimate from Roadrunner Drilling. Costs subject to change given market volatility and supply chain issues associated with required materials to complete work.

We appreciate the opportunity to provide you with this scope and budget.

Sincerely,
110
MR. MOSER
SEPTEMBER 28, 2022
4 LUHDORFF & SCALMANINI
CONSULTING ENGINEERS

Jason Coleman, PE Till Angermann, PG, CHG
Supervising Engineer Sr. Principal Hydrogeologist

Attachment: Schedule of Fees (2022)
111

500 FIRST STREET • WOODLAND, CA 95695

Professional*
Senior Principal ............................................................................................ $235/hr.

Principal Professional ................................................................................... $225 to 230/hr.

Supervising Professional .............................................................................. $210 to 220/hr.

Senior Professional ...................................................................................... $175 to 210/hr.

Project Professional ..................................................................................... $155 to 175/hr.

Staff Professional ......................................................................................... $135 to 155/hr.

Technical
Engineering Inspector .................................................................................. $140/hr.

ACAD Drafting/GIS ....................................................................................... $142/hr.

Engineering Assistant ................................................................................... $115 to 140/hr.

Scientist ........................................................................................................ $115 to 140/hr.

Technician ......................................................................................................... $115 to 140/hr.

Clerical Support
Word Processing, Clerical ............................................................................. $90/hr.

Digital Communications Specialist ............................................................... $90 to 100/hr.

Project Admin/Accounting Assistant ........................................................... $90 to 110/hr.

Vehicle Use $0.58/mi.

Subsistence Cost Plus 15%
Groundwater Sampling Equipment (Includes Operator) $170.00/hr Copies $0.20 ea.

Professional or Technical Testimony 200% of Regular Rates Technical Overtime (if required) 150% of Regular Rates
Outside Services/Rentals Cost Plus 15%
Services by Associate Firms Cost Plus 15%

* Engineer, Geologist, Hydrogeologist, and Hydrologist
2022 SCHEDULE OF FEES

ENGINEERING AND RELATED FIELD SERVICES
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND

LUHDORFF & SCALMANINI CONSULTING ENGINEERS

THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Luhdorff & Scalmanini Consulting Engineers, a California Corporation (“Consultant”) (together referred to as the “Parties”) as of July 1, 2022 (the “Effective Date”).

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed one-hundred eighteen-thousand six-hundred fifty-two dollars exactly ($118,652.00), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this 113

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Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of
completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and
subcontractor of Consultant performing services hereunder; ▪ The Consultant’s signature.

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2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60 day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.

2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section 2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.

2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.

Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

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4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

a. The Commercial General and Automobile Liability
Insurance shall cover on an occurrence basis.

b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for
liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment
furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the
Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as
broad as CG 20 10 11 85, or both CG 20 10 10 01 and
CG 20 37 10 01.

c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers,
officials, employees, agents, and volunteers. Any
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excess of the Consultant’s insurance and non-
contributing.

d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.

e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:

a. The retroactive date of the policy must be shown and must be before the date of the Agreement.

b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after
completion of the Agreement or the work.

c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a
retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage
for a minimum of five (5) years after completion of work under this Agreement.

d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the
commencement of any work under this Agreement.

4.4 All Policies Requirements.
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4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:

a. Certificate of Liability Insurance in the amounts specified in this Agreement; and

b. Additional Insured Endorsement as required for the
General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.

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4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

4.5 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: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain 119

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to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors 120

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have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, 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 Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

7.5 Registration and Monitoring. Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as referenced in Labor Code section 1771.1(a) or the exemption set forth in section 1771.1(n). Additionally, Consultant is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.6 Prevailing Wage Rates. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit A are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the services described in Exhibit A. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City’s General Services Department and shall be made available on request. Contractor must 121

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comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit A.

Contractor assumes all responsibility for such payments and shall defend, indemnify and hold the City harmless from any and all claims made by any worker, governmental agency or other third party with regard thereto.

The Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with Labor Code Section 1775, which establishes a penalty per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage.

In accordance with Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Such records shall be in kept, maintained and made available in accordance with the requirements of Labor Code Section 1776.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

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knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.

8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.5.1 Immediately terminate the Agreement;

8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, 123

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or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission.

It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.

9.2 Consultant’s Books and Records. Consultant 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 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 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.

10.2 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 Contra Costa County or in the United States District Court for the Northern District of California.

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10.3 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. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested,. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.

Consultant : Luhdorff & Scalmanini Consulting Engineers 500 First Street
Woodland, CA 95695
(530) 661-0109
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City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”

10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.

Exhibit A Scope of Services
Exhibit B Compensation Schedule

10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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The Parties have executed this Agreement as of the Effective Date.

CITY OF PITTSBURG CONSULTANT
____________________________ ______________________________ Garrett Evans, City Manager Vicki Kretsinger, President Attest:
____________________________
Alice Evenson, City Clerk
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Task 1: Technical Assistance with Monitoring Program
LSCE will review the groundwater monitoring data (i.e., monthly groundwater level measurements from the municipal supply wells and 14 monitoring wells; semi‐annual groundwater quality data from the municipal water supply wells) that the City collects. LSCE will identify questionable or unusual measurements and analytical results and recommend follow‐ up activities, as appropriate. LSCE will compile and organize the data in tables and figures (e.g., hydrographs and groundwater elevation contour maps for spring and fall) for inclusion in the 2022 Annual Groundwater Monitoring Report, and provide technical guidance for monitoring activities under the City’s Groundwater Management Plan, as needed.

Task 2: Fall 2022 Groundwater Sampling Campaign
Groundwater quality samples from the City’s monitoring well network have been retrieved approximately on a 3‐year schedule since 2006 to facilitate the evaluation of general groundwater quality conditions and particularly the potential of salt water intrusion into the coastal aquifers from which the City extracts groundwater. The last such campaign was carried out in 2019. This scope of work includes a fall 2022 groundwater sampling campaign with sample retrieval from the City’s 14 monitoring wells. Samples will be analyzed by an ELAP certified analytical laboratory, for general minerals and physical constituents, and total and dissolved iron and manganese. Field work will be carried out by a subcontractor selected by LSCE.

Task 4: Preparation of Annual Groundwater Monitoring Report 2022 LSCE will comprehensively evaluate and discuss calendar year 2022 groundwater data in the context of the historical data record and prepare the 2022 Annual Groundwater Monitoring Report. The report will be in the format of the 2021 Annual Report. The draft report will be submitted to the City for review and comment by March 31, 2023 and assumes that the City will provide 2022 groundwater extraction by the end of January 2023. The draft will be finalized without delay upon receipt of the City’s comments.
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Task 5: Perform Pump Efficiency Testing for Bodega Well After experiencing pump motor failure in 2022, the Bodega Well pump and motor were removed and replaced with a new pump bowl assembly and motor. In addition, four new 20‐ft sticks of steel column pipe replaced 80‐ft of corroded pipe and a new sensor cable was installed. In order to evaluate the efficiency and performance of the new pump motor, LSCE will perform a pump hydraulic and efficiency test. Field data will be collected and evaluated to determine if the new pump and motor performance satisfies factory standards and system demands.

Task 6: Perform Well Rehabilitation of Dover Well
At the request of the City, under this Task, LSCE has included the scope of work to conduct a full rehabilitation of the Dover well. LSCE envisions the following tasks will be performed under this Task:
• Development of a detailed chemical treatment program to restore the yield and specific capacity of the Dover Well.
• Contract with Roadrunner Drilling and Pump Company to perform the well rehabilitation work.
• Provide onsite inspection to monitor the well rehabilitation work. • Ensure proper discharge of development fluids to the City’s easement adjacent to the pump station building.

EXHIBIT B

COMPENSATION SCHEDULE
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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self- insurance 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.

CONSULTANT
By:

Title: Vicki Kretsinger, President
2784987.1
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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 Amending Staffing Allocation in the Engineering Division
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
The City Manager, upon recommendation from the Director of Public Works/City Engineer, recommends changing the staffing allocation plan by adding one (1) Assistant Engineer position to the Engineering Division.

FISCAL IMPACT
A full-time Assistant Engineer position with benefits would cost approximately $147,245 for Fiscal Year 2022-23, and funds are available to cover this cost within unallocated balance of Fund 501 Water Operations. Future costs for this position are expected to be primarily off set by recovery of certain staffing costs from water infrastructure construction project budgets.

RECOMMENDATION
Staff recommends the City Council adopt the resolution to amend the authorized positions by adding one (1) regular full-time Assistant Engineer to the Engineering Division.

BACKGROUND
The Engineering Division of the Public Works Department is responsible for management of capital improvement projects for the City. The majority of these projects are identified in the City’s Five-Year Capital Improvement Plan (CIP) 2022/23 through 2026/27.

The CIP includes projects to maintain, replace, or expand the City’s 128 miles of water lines and facilities within the water treatment and distribution system, as well as its sewer collection system, stormwater facilities, parks, streets, public buildings, and other forms of infrastructure.
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The City’s Five-Year CIP includes 32 capital projects with an estimated cost of $33,388,804 million to improve or replace water system infrastructure. With segments of the water distribution system approaching 70 years or older, repair and replacement projects cannot be postponed indefinitely without risking reliability of water service to the City’s customers.

The current staff level is insufficient to manage the capital projects scheduled for the next five years.

Future costs for this position are expected to be offset by recovery of certain staffing costs from water infrastructure construction project budgets.

In August of 2021, the City Council approved Resolution 21-13981 authorizing an additional Assistant Engineer position with funds from Fund 501 Water Operations. When the new hire was appointed, the position was coded as an underfill for an existing Senior Civil Engineer position instead of a new Assistant Engineer. This resolution will correct the Engineering Division staffing allocation.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
In accordance with Personnel Rule 3.4, the City Council is asked to allocate one full-time regular Assistant Engineer position.

The City Council is asked to change the staffing allocation to add one (1) Assistant Engineer.

Once approved by Council, Human Resources will work with the Engineering Division to realign the existing staffing underfill.

ATTACHMENTS: Resolution
Report Prepared By: Sharon Paz, Administrative Analyst ll 133
Resolution No. 22- Page 1 of 1 November 7, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution )
to Allocate One Assistant Engineer ) RESOLUTION NO. 22- Position )
WHEREAS, the Engineering Division of the Public Works Department is responsible for management of the City’s Capital Improvement Program (CIP); and WHEREAS, the City’s Five-Year CIP 2022/23 through 2026/27 includes 32 projects that will improve or replace water system infrastructure for an estimated cost of $33,388,804 million; and
WHEREAS, with segments of the water distribution system approaching 70 years or older, repair and replacement projects cannot be postponed indefinitely without risking the reliability of water service to the City’s customers; and WHEREAS, the current CIP staff allocation is not sufficient to manage the capital projects scheduled for the next five years; and
WHEREAS, in August of 2021, the City Council approved Resolution 21-13981 authorizing an additional Assistant Engineer position with funds from Fund 501 Water Operations, though the position was not formalized in the position budgeting process; and WHEREAS, the City Manager recommends amending the staffing allocation plan due to staffing needs in the Engineering Division; and
WHEREAS, the City’s Personnel Rules call for the City Council to allocate positions to each classification.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby allocates one (1) Assistant Engineer position to the Engineering Division funded by Fund 501 Water Operations.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
Holland Barret White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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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 Authorizing the City Manager to Execute a Consultant Agreement with Sandis Engineers Surveyors and Planners for Design Services for the Frontage Road Living Green Trail Project
MEETING DATE: November 7, 2022

EXECUTIVE SUMMARY
The Living Green Pittsburg – Trail and Community Outreach Project is a Clean California Local Grant project that includes Green Stormwater Infrastructure improvements to the Frontage Road corridor. After a proposal process and interviews, staff proposes to retain Sandis Engineers Surveyors and Planners for design of the trail and associated improvements.

FISCAL IMPACT
The proposed design services fee is $274,420. Project funding will come from Clean California Local Grant and matching funds from the American Rescue Plan Act (ARPA) and was allocated in Resolution No. 22-14145 at the August 1, 2022, City Council meeting.

A Budget Summary is attached as Exhibit A.

RECOMMENDATION
Staff recommends the City Council adopt a resolution to execute a Consultant Agreement with Sandis Engineers Surveyors and Planners for design services for the Frontage Road Living Green Trail Project.

BACKGROUND
In December 2021, staff applied for the Clean California Local Grant Program for the construction of a Class I pedestrian and bike trail on an unused parcel along Frontage Rd. parallel to State Route 4 between Dover Way and Chelsea Way. 135
On August 1, 2022, the City Council adopted Resolution No. 22-14145, accepting the grant in the amount of $1,354,000 and allocating matching funds of $812,250 from the American Rescue Plan Act for a total project budget of $2,166,250.

In August 2022, a Request for Qualification was sent to several design firms and the design marketing outreach firm IMS. It was also posted on the City’s website under current bidding opportunities.

On September 16, 2022, two consultants submitted proposals. Staff’s Consultant Selection Committee reviewed each proposal. Sandis Engineers Surveyors and Planners was ranked as the most qualified based on firm’s project approach, their experience with green space projects, and their ability to facilitate state funded projects.

SUBCOMMITTEE FINDINGS
The project was presented to the Land Use Subcommittee on November 19, 2021.

STAFF ANALYSIS
The Clean California Grant Program, administered by the California Department of Transportation, provides $296 million in assistance to communities for the reduction of waste, enhancement of public spaces, reduction of urban heat island effect, improvement of public health, improvement of cultural and community connection, and advancement of equity for underserved communities.

The trail will serve as a model greenspace for future green spaces around the City and will feature educational signage to promote proper waste disposal, recycling, green infrastructure, and active transport. The pedestrian trail will have bioswale features and drought tolerant vegetation and trees to treat stormwater and reduce urban heat island effects. The site will also have benches for seating, trash receptacles, water fountains, pet waste stations, community art, and lighting.

ATTACHMENTS: Resolution
Draft Consultant Agreement
Exhibit A Budget Summary
Report Prepared By: Joseph Camaddo, Assistant Engineer
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Resolution No. 22- Page 1 of 1 November 7, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Authorizing the City Manager to ) RESOLUTION NO. 22- Execute a Consultant Agreement for )
Design Services for the Frontage )
Road Living Green Trail Project )
WHEREAS, the Living Green Pittsburg—Trail and Community Outreach Project is a Clean California Grant project that includes the construction of a Class I trail along Frontage Road from Dover Way to Chelsea Way, and an educational outreach campaign to promote proper waste disposal and sustainable practices; and WHEREAS, the Frontage Road Living Green Trail Project will include the construction of Green Stormwater Infrastructure, bioswale features, and drought tolerant vegetation and trees to treat stormwater and reduce urban heat island effects. The trail will also have benches for seating, trash receptacles, water fountains, pet waste stations, community art, and lighting; and
WHEREAS, on August 1, 2022, the City Council adopted Resolution No. 22-14145, accepting the grant in the amount of $1,354,000 and allocating matching funds of $812,250 from the American Rescue Plan Act for a total project budget of $2,166,250; and WHEREAS, after release and advertisement of Request for Qualifications, two responses were received and both firms were interviewed; and WHEREAS, Sandis Engineers Surveyors and Planners was selected based on their experience with similar green space and state funded projects, with a base bid of $274,420 for design services and assistance with permitting and bid/construction support.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a consultant agreement with Sandis Engineers Surveyors and Planners for design services of the Frontage Road Living Green Trail Project in an amount not to exceed $274,420.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th the day of November 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND

SANDIS CIVIL ENGINEERS SURVEYORS AND PLANNERS
2022-23 FRONTAGE ROAD LIVING GREEN TRAIL
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and Sandis Civil Engineers Surveyors and Planners, a California corporation (“Consultant”) (together referred to as the “Parties”) as of November 8, 2022 (the “Effective Date”).

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on November 8, 2024, or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed two hundred forty-seven thousand four hundred twenty ($247,420) dollars, as set forth in Exhibit B, attached hereto and incorporated herein for services to be 138
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performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
 Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
 The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of
completion;
 At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and
subcontractor of Consultant performing services hereunder;  The Consultant’s signature.

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
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2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.

4.2 Commercial General and Automobile Liability Insurance. 140
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4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000
aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability
Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for
liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment
furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the
Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as
broad as CG 20 10 11 85, or both CG 20 10 10 01 and
CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers,
officials, employees, agents, and volunteers. Any
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excess of the Consultant’s insurance and non-
contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after
completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a
retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage
for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the
commencement of any work under this Agreement.
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4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the
General Commercial and Automobile Liability Polices.

4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.

4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, 143
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officials, employees, agents, and volunteers are covered as additional insured on all coverages.

4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.

5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this 144
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Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
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Section 8. TERMINATION AND MODIFICATION.

8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
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Pittsburg City CouncilNovember 7, 2022

Pittsburg City Council
November 7, 2022