CITY OF PITTSBURG
AGENDA
DECEMBER 18, 2023
CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA
SPECIAL MEETING
JOINT CITY COUNCIL AND PLANNING COMMISSION WORKSHOP
5:30 P.M.
REGULAR MEETING
7:00 P.M.
CITY COUNCIL
HOUSING AUTHORITY
PITTSBURG ARTS AND COMMUNITY FOUNDATION
PITTSBURG POWER COMPANY
SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II
SUCCESSOR AGENCY
PRESIDING
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice- Mayor/Chair
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
Shanelle Scales-Preston, Council Member/Board Member
FOR HOUSING AUTHORITY:
S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
PLANNING COMMISSION MEMBERS:
Ivelina Popova, Chair
Arlene Kobata, Vice-Chair
Sarah Foster, Commissioner
Alvin Jackson, Commissioner
Donna Smith, Commissioner
Elissa Robinson, Commissioner
1 -------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular 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. 5:30 P.M. - SPECIAL MEETING - JOINT CITY COUNCIL AND PLANNING
COMMISSION WORKSHOP
1. General Plan Workshop
7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
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)
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 participate). (No Action Required)
HOUSING AUTHORITY
CONSENT CALENDAR
2. Minutes of November 20, 2023
3. Adoption of a Housing Authority Resolution Approving the 2024 Utility Allowance Schedule
The U S Department of Housing and Urban Development (HUD) requires housing authorities to review allowances for tenant-furnished utilities and other services 2 annually and determine a utility allowance schedule (Schedule). Pursuant to 24 CFR 982.517 (4)(c), this Schedule must be revised whenever there is an increase of ten percent (10%) or more in the utility rates since the last revision of the Schedule. The Housing Authority of the City of Pittsburg (Housing Authority) has revised the Utility Allowance Schedule for 2024 (the “2024 UA Schedule”) to reflect a ten percent (10%) increase in utility rate costs.
HOUSING AUTHORITY MEMBER REMARKS
ADJOURNMENT OF THE HOUSING AUTHORITY
CITY COUNCIL MEETING
CONSIDERATION
4. Adoption of a Minute Order for 2024 Council Member Committee Assignments and Confirmation of Posting of FPPC Form 806 “Agency Report of Public Official Appointments”
In accordance with the City of Pittsburg “Policies and Procedures for City Council” adopted by the City Council on September 4, 2001 by Resolution No. 01-9475, and most recently revised November 15, 2021, the Mayor and Vice-Mayor shall appoint individual Council Members to standing and ad hoc committees and such appointments shall be approved by the entire Council at its first meeting following reorganization. This also confirms posting of the FPPC Form 806 “Agency Report of Public Official Appointments.”
5. Adoption of a City Council Resolution Authorizing the City Manager to Execute a General Services Agreement for Oak Hills Park Tennis Court Resurfacing The City Council adopted Resolution No. 23-14233 allocating Measure M revenues among various park and street projects, including Project 3001 -Park Maintenance (the “Project”). If approved, this resolution will authorize execution of a general services agreement with AllSport America, Inc. of Martinez, CA, the sole regional installer of NGI Sports ProBounce overlay system, for an amount not to exceed $82,000, for resurfacing the tennis courts and install a new net at Oak Hills Park.
6. Adoption of a City Council Resolution Authorizing the Acceptance of Urban and Community Forestry Grant Program Funds and Authorizing Execution of a Grant Agreement with the U.S. Department of Agriculture’s Forest Service The City of Pittsburg has been awarded $2,000,000 in Inflation Reduction Act Urban and Community Forestry grant funds. The project includes development of a tree inventory, software for this management effort, staff and community education regarding the urban forest, development of an Urban Forest Management Plan, and expanding Pittsburg’s urban forest with hundreds of trees.
CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.
3 COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST
PITTSBURG GHAD II CONSENT CALENDAR
7. Minutes of November 6, 2023, November 20, 2023 and December 4, 2023
8. Receive and File Report on the Review of Development Impact Fees Received by the City of Pittsburg that are Subject to AB 1600 Reporting Requirements AB 1600 (Government Code Sections 66000–66008) requires cities to justify and account for developer fees which they enact, increase or impose as a condition of new development for the purposes of financing “public facilities and improvements.” AB 1600 also requires an annual review of the developer fees that have been collected and spent during the previous year. This report fulfills the AB 1600 requirements.
9. Adoption of a City Council Resolution Authorizing the City Attorney to Execute First Amendment to Outside Counsel Services Agreement with Jackson Lewis, PC
The City Attorney proposes a first amendment to an Outside Counsel Services Agreement with the law firm Jackson Lewis PC, to increase the compensation to cover anticipated invoices for legal representation in upcoming arbitration proceedings in December 2023, and any needed legal services through the contract term.
10. Adoption of a City Council Resolution Authorizing the City Manager to Execute a First Amendment to the Consulting Services Agreement between the City of Pittsburg and Anchor QEA, LLC
The City has a Consultant Agreement (Agreement) with Anchor QEA, LLC (Anchor QEA) for design and permitting services to repair the Riverview Park recreational fishing pier to conditions prior to the August 2022 fire. The project will also require bidding and construction support.
11. Adoption of a City Council Resolution Approving the Revision of the City’s Personnel Rules for Sick Leave, CFRA and Bereavement Leave Staff recommends the revision of Section 23, Sick Leave, Section 25, Family Medical Leave and 26.14, Bereavement Leave of the Personnel Rules to reflect state legislative changes, effective January 1, 2024.
12. Adoption of a City Council Resolution to Amend the Master Pay Schedule to Include Amendments to the Seasonal Salary Schedule and Previously Approved Positions and Compensation
Effective January 1, 2024, the California minimum wage will increase from $15.50 per hour to $16.00 per hour. As the seasonal salary schedule presently has wages below the minimum, the City is required to increase the salaries affected by the State’s new minimum wage and update the salary schedule to comply with 4 CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule.
13. Adoption of a City Council Resolution Authorizing the City Manager to Execute the First Amendment to the Existing Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council
On October 15, 2018, the City Council adopted Resolution No. 18-13546, approving execution of a Project Stabilization Agreement (“Agreement”) and Side Letter with the Contra Costa Building & Construction Trades Council (“Trades”), with a term of five years. The proposed first amendment to the Agreement (“First Amendment”) would extend the term of the Agreement and Side Letter for an additional initial five-year term, ending on October 15, 2028, with successive five- year term extensions unless the Agreement is further revised or terminated.
14. Adoption of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law On October 2, 2023, the City Council held a public hearing on a City-initiated request for adoption of two Ordinances for the Objective Design Standards 2023 Project: 1) adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) amending the Zoning Map for certain multi-family housing and mixed-use development projects to further housing production consistent with state law. The City Council introduced and waived further reading of two Ordinances approving the Objective Design Standards 2023 Project. This item has been continued from the November 6, 2023 and the November 20, 2023 City Council hearings. The Ordinance is now ready for City Council adoption.
15. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Negotiate and Execute Agreements with Pacific Gas and Electric Company to Complete System Impact Studies and Facilities Designs The Pittsburg Power Company (PPC) has submitted an application to the Pacific Gas and Electric Company (PG&E) to interconnect to an existing electric transmission line, and anticipates filing additional applications to serve various projects throughout Pittsburg. As part of these applications, the potential impact to the existing electrical system must be studied, and facilities designs must be completed.
16. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Negotiate and Execute Agreements with Pacific Gas and Electric Company to Complete System Impact Studies and Facilities Designs and Adoption of a City Council Resolution Allocating Funds for Payment The Pittsburg Power Company (PPC) is seeking to submit an application to the Pacific Gas and Electric Company (PG&E) to interconnect to an existing electric transmission line in order to serve power to the City’s Water Treatment Plant. As part of these application, the potential impact to the existing electrical system must 5 be studied, and facilities designs must be completed, the cost(s) of which is required to be borne by the applicant, PPC.
17. Adoption of a Southwest Geological Hazard Abatement District II (GHAD II) Resolution Appointing the Director of Public Works/City Engineer as GHAD District Manager
In 2001, the Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) Board of Directors appointed officers and delegated certain powers. Changes in city staff require the appointment of the Director of Public Works/City Engineer as the District Manager for the GHAD II to oversee the day-to-day operations and for all maintenance.
18. Adoption of a Southwest Geological Hazard Abatement District II (GHAD II) Resolution Authorizing a Maintenance Agreement with Del Conte’s Landscaping, Inc.
The Southwest Pittsburg Geologic Hazard Abatement District II (GHAD II) owns and maintains two Toscana bio-retention basins at San Marco Subdivisions.
Current conditions of the basin require the vegetation to be restored to its original design and maintained after the restoration.
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 JANUARY 16, 2024
6 NOTICE TO PUBLIC
GENERAL INFORMATION
Copies of the open session agenda packets, as 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). Full agenda 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 residents. 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 Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 7 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2023 Updated January 17, 2023
OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Shanelle Scales-Preston / Jelani Killings Alt. Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alt. Standing 2 nd Wednesday 4:30 pm J. Samuelson East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alternate Standing 4 th Monday 2:00 pm J. Davis Bi-Monthly
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alt. Standing Quarterly 7:00 pm D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alt. Standing 2 nd Thursday 6:30 pm J. Samuelson Tri-Delta Transit (2 reps)** S. Scales-Preston & Dionne Adams / Jelani Killings Alt. Standing Last Wednesday 4:00 pm J. Samuelson
LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Jelani Killings Alt. Standing 3 rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Shanelle Scales-Preston / Juan Banales Alt. Standing 1 st Thursday 6:30 pm G. Evans School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alt. Standing 2nd Thursday 4:00 pm M. Aliotti even months
SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
CAC CDBG Dionne Adams & Angelica Lopez / S. Scales-Preston Alt. Standing As needed M. Aliotti City Infrastructure and Transportation S. Scales-Preston & Juan Banales / Jelani Killings Alt. Standing As needed J. Samuelson Community Services S. Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Dionne Adams / Angelica Lopez Alt. Ad Hoc As needed M. Aliotti Economic Develop/Waterfront Jelani Killings & Dionne Adams / S. Scales-Preston Alt. Standing As needed 4:30 pm J. Davis Finance S. Scales-Preston & Juan Banales / Dionne Adams Alt. Standing Monthly 3:30 pm P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc As needed J. Brizel Land Use Juan Banales & Dionne Adams / Angelica Lopez Alt. Standing Monthly 1:30 pm J. Davis My Brothers Keeper S. Scales-Preston & Jelani Killings Ad Hoc As needed K. Simonton Pittsburg Arts & Community Foundation S. Scales-Preston & Jelani Killings / Dionne Adams Alt. Standing As needed K. Simonton Pittsburg Police Activities League (PAL) S. Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing Monthly S. Albanese Pittsburg Recognition Juan Banales & Jelani Killings Standing As needed M. Aliotti Power Company Advisory Dionne Adams & Angelica Lopez / Juan Banales Alt. Standing As needed D. Buchanan Public Safety S. Scales-Preston & Jelani Killings / Juan Banales Alt. Standing As needed 5:00 pm S. Albanese Sister City Committee Jelani Killings & Angelica Lopez / S. Scales-Preston Alt. Standing As needed K. Simonton Tobacco, Cannabis, Alcohol Policy Review Juan Banales & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month
8 Housing Authority Minutes 1 of 2 November 20, 2023
CITY OF PITTSBURG
HOUSING AUTHORITY MEETING MINUTES
DATE: November 20, 2023
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL.AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, 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)
CALL TO ORDER
Vice Chair Banales called the meeting of the Housing Authority to order at 7:06 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, California.
ROLL CALL
Chair Scales-Preston and member Lopez were absent and excused.
CONSENT CALENDAR
On Motion by Member Floyd, seconded by Member Herring and adopted by the following vote:
AYES: Adams, Banales, Floyd, Herring, Killings
ABSENT: Lopez, Scales-Preston
4. Minutes of August 21, 2013
COMBINED CITY COUNCIL, HOUSING AUTHORITY CONSENT CALENDAR
Motion by member Floyd, seconded by Member Herring and adopted by the following vote:
AYES: Adams, Banales, Floyd, Herring, Killings
ABSENT: Lopez, Scales-Preston
9 Housing Authority Minutes 2 of 2 November 20, 2023
5. Adoption of a City Council Resolution and Housing Authority Resolution Authorizing the Use of Housing Successor Agency Funds.
HOUSING AUTHORITY MEMBER REMARKS
There were no Housing Authority Member remarks.
ADJOURNMENT
The Housing Authority was adjourned at 7:49 P.M.
Respectfully submitted,
Alice E. Evenson, Secretary
10 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Chair and Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Housing Authority Resolution Approving the 2024 Utility Allowance Schedule
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
The US Department of Housing and Urban Development (HUD) requires housing authorities to review allowances for tenant-furnished utilities and other services annually and determine a utility allowance schedule (Schedule). Pursuant to 24 CFR 982.517 (4)(c), this Schedule must be revised whenever there is an increase of ten percent (10%) or more in the utility rates since the last revision of the Schedule. The Housing Authority of the City of Pittsburg (Housing Authority) has revised the Utility Allowance Schedule for 2024 (the “2024 UA Schedule”) to reflect a ten percent (10%) increase in utility rate costs.
FISCAL IMPACT
Because total assistance benefiting Section 8 participants consisting of both rent and utilities cannot exceed a threshold determined by the size and income of a family, an increase in utility allowance may result in a decrease in rental assistance in order to stay under a specified threshold.
Such increase in utility allowance, however, has no fiscal impact to the City’s General Fund.
Assistance benefiting Section 8 participants is derived from a federally funded program by HUD.
RECOMMENDATION
Housing Authority adopt this Resolution approving the 2024 UA Schedule reflecting the revisions to the utility rates.
11 BACKGROUND
Utility allowances are intended to cover the cost of utilities not included in the rent. The allowance is based on the typical cost of utilities and services paid by energy-conservative households that occupy housing of similar size and type in the same locality. Allowances are not based on the individual family’s actual energy consumption and do not include non- essential utility costs, such as cable, satellite television or phone expenses.
The Housing Authority contracted with a vendor to review the utility allowance data for the Section 8 Housing Choice Voucher Program and complete the study and analysis. This study reflects the 2023 baseline charges published by Pacific Gas & Electric Company, the City of Pittsburg Water Department, and Mt. Diablo Resource Recovery.
SUBCOMMITTEE FINDINGS
The 2024 Utility Allowance Schedule was not discussed in a subcommittee.
STAFF ANALYSIS
As required by HUD regulations 24 CFR 982.517, prior to beginning this update study for the Housing Authority of the City of Pittsburg a comparison (annual review) was made of the utility rates and charges (September 2022) utilized in the previous study and the current utility rates and charges (August 2023).
Utility Provider Measure
2022
Rates
2023
Rates Increase
Pacific Gas & Electric’s
Electric Tier 1 (0%-100%)
Per
KWH 0.205321 0.229685 12%
Pacific Gas & Electric’s
Electric Tier 2 (101%-400%)
Per
KWH 0.257051 0.286447 12%
Mt. Diablo Resource
Recovery Trash Collection
Per
Month $46.38 $58.03 26%
Since the utility providers’ rates and charges have changed more than 10%, the current utility allowance schedule will be adjusted. This does not mean that utility allowances will change by the actual percentage values listed above.
The analysis of these results demonstrates at least a ten percent (10%) differential from the prior year, requiring revisions to the utility allowances as required by federal regulations to be in compliance and are reflected in the Housing Authority 2024 UA Schedule.
ATTACHMENTS: Utility Report
Resolution
Report Prepared By: Bruce Smargiasso, Housing Manager
12 Fuel Type 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR
Natural Gas
(Includes Climate Credit) $15.00 $19.00 $22.00 $25.00 $27.00 $29.00 $32.00 Bottle Gas
Electric $21.00 $25.00 $32.00 $39.00 $45.00 $52.00 $73.00 Electric Heat Pump $19.00 $22.00 $26.00 $29.00 $32.00 $35.00 $38.00 Fuel Oil
Natural Gas $4.00 $4.00 $7.00 $8.00 $11.00 $12.00 $14.00 Bottle Gas
Electric $9.00 $11.00 $16.00 $21.00 $26.00 $31.00 $33.00 (Includes Climate Credit) $29.00 $35.00 $52.00 $68.00 $78.00 $106.00 $117.00 Air Conditioning $8.00 $9.00 $13.00 $17.00 $21.00 $24.00 $26.00 Natural Gas $8.00 $10.00 $14.00 $18.00 $24.00 $28.00 $30.00 Bottle Gas
Electric $22.00 $26.00 $33.00 $40.00 $47.00 $54.00 $58.00 Fuel Oil
$54.00 $55.00 $64.00 $73.00 $83.00 $94.00 $103.00
$14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00
$58.00 $58.00 $58.00 $58.00 $58.00 $58.00 $58.00
Range /Microwave $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00
Allowance
Refrigerator
Water
Sewer
Trash Collection
Utility Allowance Schedule
See Public Reporting and Instructions on back.
Locality/PHA Housing Authority of the
City of Pittsburg, CA
Utility of Service
OMB Approval No. 2577-0169
(exp. 04/30/2026)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Date (mm/dd/yyyy)Unit Type: Multi-Family (Apartment/Row House/Townhouse/Semi-Detached/Duplex)
The following allowances are used to determine the total cost of tenant-furnised utilities and appliances.
Heating
Cooking
Water Heating
Other Electric
Actuall Family Allowances-May be used by the family to compute allowance while searching for a unit.
Head of Household Name
Utility/Service/Appliance
Heating
Cooking
Other Electric
Air Conditioning
Number of Bedrooms
Unit Address Water Heating
Water
Sewer
Trash Collection
Other
Range/Microwave
Refrigerator
Total
The Nelrod Company 8/2023 Update
adapted from form HUD-52667
(04/2023)
Effective 4/01/2024
13 Fuel Type 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR 6 BR
Natural Gas
(Includes Climate Credit) $23.00 $29.00 $33.00 $36.00 $40.00 $44.00 $48.00 Bottle Gas
Electric $45.00 $53.00 $60.00 $68.00 $73.00 $86.00 $94.00 Electric Heat Pump $26.00 $31.00 $37.00 $42.00 $46.00 $51.00 $55.00 Fuel Oil
Natural Gas $4.00 $4.00 $7.00 $8.00 $11.00 $12.00 $14.00 Bottle Gas
Electric $9.00 $11.00 $16.00 $21.00 $26.00 $31.00 $33.00 (Includes Climate Credit) $46.00 $55.00 $78.00 $109.00 $139.00 $169.00 $185.00 $6.00 $7.00 $17.00 $26.00 $35.00 $44.00 $48.00
Natural Gas $11.00 $12.00 $18.00 $24.00 $29.00 $35.00 $37.00 Bottle Gas
Electric $27.00 $32.00 $41.00 $50.00 $59.00 $68.00 $73.00 Fuel Oil
$54.00 $55.00 $64.00 $73.00 $83.00 $94.00 $103.00
$14.00 $14.00 $14.00 $14.00 $14.00 $14.00 $14.00
$58.00 $58.00 $58.00 $58.00 $58.00 $58.00 $58.00
$11.00 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00
$12.00 $12.00 $12.00 $12.00 $12.00 $12.00 $12.00
Allowance
Other Electric
Trash Collection
Sewer
Water
Utility Allowance Schedule
See Public Reporting and Instructions on back.
The following allowances are used to determine the total cost of tenant-furnised utilities and appliances.
OMB Approval No. 2577-0169
(exp. 04/30/2026)
U.S. Department of Housing and Urban Development
Office of Public and Indian Housing
Locality/PHA Housing Authority of the
City of Pittsburg, CA
Utility of Service
Date (mm/dd/yyyy)Unit Type Single-Family
(Detached House)
Heating
Air Conditioning
Water Heating
Cooking
Range /Microwave
Refrigerator
Actual Family Allowances-May be used by the family to compute allowance while searching for a unit.
Head of Household Name
Utility/Service/Appliance
Heating
Cooking
Other Electric
Air Conditioning
Number of Bedrooms
Unit Address
Other
Range / Microwave
Refrigerator
Total
Water Heating
Water
Sewer
Trash Collection
The Nelrod Company 8/2023 Update
adapted from form HUD-52667
(04/2023)
Effective 4/01/2024
14 BEFORE THE GOVERNING BOARD OF THE HOUSING AUTHORITY
OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a Housing Authority )
Resolution Approving the 2024 ) RESOLUTION NO. 23-
Utility Allowance Schedule )
WHEREAS, the US Department of Housing and Urban Development (HUD) requires housing authorities to review allowances for tenant-furnished utilities & other services annually and determine a utility allowance schedule (Schedule). Pursuant to CFR 24 982.517 (4)(c), this Schedule must be revised whenever there is an increase of ten percent (10%) or more in the utility rates since the last revision of the Schedule; and WHEREAS, the Housing Authority of the City of Pittsburg (Housing Authority) reviewed the utility allowance data for the Section 8 Housing Choice Voucher Program.
This study reflects the new baseline charges published by Pacific Gas & Electric Company, the City of Pittsburg Water Department, and Mt. Diablo Resource Recovery; and
WHEREAS, the Housing Authority is required to revise its utility allowance in order to be compliant with federal regulations because the differential is greater than ten percent (10%) from the prior year; and
WHEREAS, the Housing Authority has revised the Utility Allowance Schedule for 2024 (the “2024 UA Schedule”).
NOW, THEREFORE, BE IT RESOLVED that the Governing Board of the Housing Authority of the City of Pittsburg hereby approves the 2024 UA Schedule and makes the 2024 UA Schedule available for review at Housing Authority located at 916 Cumberland Street, Pittsburg, CA 94565 and on the City’s website.
PASSED AND ADOPTED by the Governing Board of the Housing Authority of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Juan Antonio Banales, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
15 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 Minute Order for 2024 Council Member Committee Assignments and Confirmation of Posting of the Fair Political Practices Commission Form 806 “Agency Report of Public Official Appointments” MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
In accordance with the City of Pittsburg “Policies and Procedures for City Council” adopted by the City Council on September 4, 2001 by Resolution No. 01-9475, and most recently revised November 15, 2021, the Mayor and Vice-Mayor shall appoint individual Council Members to standing and ad hoc committees and such appointments shall be approved by the entire City Council at its first meeting following reorganization. This also confirms posting of the Fair Political Practices Commission (FPPC) Form 806 “Agency Report of Public Official Appointments.”
FISCAL IMPACT
There is no fiscal impact.
RECOMMENDATION
Adopt the Minute Order for the 2024 City Council Committee Assignments.
BACKGROUND
California Government Code Section 36813 authorizes a city council to establish rules and policies for the conduct of its proceedings. On September 4, 2001, the City Council adopted Resolution No. 01-9475, providing for rules and procedures for the conduct of City Council business. The Policies and Procedures for City Council were most recently revised on November 15, 2021.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
16 STAFF ANALYSIS
In accordance with the Policies and Procedures, the Mayor and Vice-Mayor shall appoint individual Council Members to the standing and ad hoc committees. Prior to the appointments, individual City Council Members may submit preferences for committee assignments. The list of appointments is then presented to the City Council for consideration at the first meeting following the annual reorganization.
Pursuant to FPPC regulation California Code of Regulations Section 18705.5, an updated FPPC Form 806, “Agency Report of Public Official Appointments” has been posted on the City’s website as well as on the board at City Hall.
ATTACHMENTS: 2024 City Council Committee Assignments
Report Prepared By: Melaine Venenciano, Director of City Clerk Services 17 OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings Alternate Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alternate Standing 2nd Wednesday 4:30 PM J. Samuelson East Co. Co. County Habitat Conservancy Angelica Lopez / Juan Banales Alternate Standing 4th Monday Bi-Monthly 2:00 PM J. Davis East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alternate Standing Quarterly 7:00 PM D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alternate Standing 2nd Thursday 6:30 PM J. Samuelson Tri-Delta Transit (2 reps)** Shanelle Scales-Preston & Dionne Adams / Jelani Killings Alternate Standing 4th Wednesday 4:00 PM J. Samuelson
LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Shanelle Scales-Preston / Jelani Killings Alternate Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Juan Banales & Jelani Killings Alternate Standing 1st Thursday 6:30 PM G. Evans Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alternate Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alternate Standing 2nd Thursday Quarterly 4:00 PM M. Aliotti
SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Budget Sustainability Juan Banales & Jelani Killings Ad Hoc As needed G. Evans Community and Economic Development Jelani Killings & Dionne Adams / Juan Banales Alternate Standing 2nd Monday 5:30 PM J. Davis Finance Management Juan Banales & Jelani Killings / Shanelle Scales-Preston Alternate Standing 3rd Friday 3:30 PM P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc 4th Friday 4:00 PM J. Brizel Infrastructure and Transportation Shanelle Scales-Preston & Dionne Adams / Juan Banales Alternate Standing 3rd Friday 1:30 PM J. Samuelson Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alternate Standing 3rd Thursday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Shanelle Scales-Preston & Jelani Killings Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Angelica Lopez / Jelani Killings Alternate Standing 1st Tuesday 6:00 PM S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
** Stipend of $100 per month
City Council Agency/Liaison/Subcommittee Assignments as of December 18, 2023 18 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 General Services Agreement for Oak Hills Park Tennis Court Resurfacing
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
The City Council adopted Resolution No. 23-14233 allocating Measure M revenues among various park and street projects, including Project 3001 - Park Maintenance (the “Project”). If approved, this resolution will authorize execution of a general services agreement with AllSport America, Inc. of Martinez, CA, the sole regional installer of NGI Sports ProBounce overlay system, for an amount not to exceed $82,000, for resurfacing the tennis courts and install a new net at Oak Hills Park.
FISCAL IMPACT
There are sufficient funds in the Project budget, previously allocated from Measure M (Resolution No. 23-14233). No new funds are requested.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the general services agreement with AllSport America, Inc. of Martinez, California for an amount not to exceed $82,000 for resurfacing the tennis court at Oak Hills Park.
BACKGROUND
Oak Hills Park is one of the 27 parks maintained by the Public Works Department. One of its notable amenities is a tennis court, which was identified for maintenance and repairs. 19 Each year, the Measure M Citizens Oversight Committee reviews staff budget plans to verify that funds used are consistent with requirements of the Measure M ballot measures and makes recommendations to the City Council for future uses of the revenues. Projects identified to receive the appropriations include park maintenance at Oak Hills Park, which includes the tennis court.
On January 17, 2023, the City Council adopted Resolution 23-14233, allocating $125,000 Measure M Sales Tax funds for Project 3001 – Park maintenance.
In September, staff contacted tennis court resurfacing companies for quotes. Several companies were unable to provide a quote due to the extensive wear of the tennis court.
AllSport America, Inc. is the only company that offered specialized products to resurface the tennis court in its current condition and they are the sole regional supplier and installer for NGI Sport ProBounce surfaces. These surfaces can be installed directly over existing cracked asphalt and concrete courts. The removal of the existing surface is not required, and the deteriorating pavement can be recycled. Other local resurfacing companies purchase the same materials from AllSport America, Inc. for an additional cost, resulting in a 15 to 25 percent price increase for the same work performed by a different company. The company will also supply and install a new net.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The tennis court at Oak Hills Park needs resurfacing. Tennis courts can be damaged throughout the year by temperature changes, water damage, freezing, and other factors.
They require resurfacing to ensure a safe sports environment. Tennis court resurfacing is a process where a professional tennis court builder replaces the top layer of the court to remove blisters, potholes, and cracks.
In the past, contractors built tennis courts with an asphalt base which breaks down and cracks over time. New technology in court resurfacing has provided a more efficient solution for resurfacing the tennis court. The NGI Sports ProBounce surface is a cushioned all- weather court surface ideal for construction over the current Oak Hills tennis court. AllSport America, Inc. is the sole regional supplier and installer of NGI ProBounce surface which provides a longer lasting and lower maintenance tennis court with a longer-term warranty against cracking and the highest level of shock absorption, extending the life of the court and reducing impact stress injuries.
ATTACHMENTS: Resolution
General Services Agreement - AllSport
Sole Source Letter
Report Prepared By: Natasha Farmer, Administrative Analyst lI 20 Resolution No. 23- Page 1 of 1 December 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute )
A General Services Agreement for Oak ) RESOLUTION NO. 23- Hills Park Tennis Court Resurfacing )
WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 23- 14233, allocating funds to Project 3001 - Park Maintenance (the “Project”) to perform needed maintenance and repairs to Oak Hills Park, including the tennis court; and WHEREAS, in September 2023, staff contacted tennis court resurfacing companies for resurfacing quotes; and
WHEREAS, AllSport America, Inc. is the only company with specialized products to resurface the Oak Hills tennis court in its current condition and they are the sole regional supplier and installer for NGI Sport ProBounce surfaces; and WHEREAS, sufficient funds to accommodate the resurfacing project are available within the Project budget.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to execute the General Services Agreement with AllSport America, Inc. for an amount not to exceed $82,000 for resurfacing the tennis court at Oak Hills Park.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
21 22
General Services Agreement between November 22, 2023
City of Pittsburg and AllSport America, Inc. Page 1 of 14
GENERAL SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
ALLSPORT AMERICA, INC.
THIS Agreement (“Agreement”) for general services is made by and between the City of Pittsburg (“City”) and AllSport America, Inc., a California corporation (Service Provider”) (together referred to as the “Parties”) as of November 22, 2023 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Service Provider shall provide to City the services described in the Scope of Services 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 May 31, 2024 or the date the Service Provider 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. Service Provider shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Service Provider is engaged.
1.3 Assignment of Personnel. Service Provider 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 Service Provider performs services in accordance with the Standard of Performance, Service Provider shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Service Provider 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 Service Provider’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Service Provider a sum not to exceed eighty-two thousand dollars ($82,000.00), as set forth in Exhibit B, attached hereto and incorporated herein for services to be 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 Service Provider, but is merely a limit of potential City expenditures under this Agreement.
23 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 2 of 14
Service Provider and City acknowledge and agree that compensation paid by City to Service Provider under this Agreement is based upon Service Provider’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Service Provider. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Service Provider and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Service Provider 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 Service Provider and each employee, agent, and subcontractor of Service Provider performing services hereunder;
▪ The Service Provider’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.
2.3 Final Payment. Service Provider shall submit its final invoice within 60 days of completing its services. Service Provider’s failure to submit its final invoice within this 60 day period shall constitute Service Provider’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 24 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 3 of 14
2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Service Provider 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 Service Provider 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 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Service Provider 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, Service Provider, 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 Service Provider’s bid or proposal. Service Provider shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Service Provider 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 Service Provider 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 Service Provider 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.
4.2.1 General requirements. Service Provider, 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) 25 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 4 of 14
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 Service Provider 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 Service Provider, including materials, parts, or equipment furnished in
connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Service Provider.
Coverage can be provided in the form of an endorsement to the Service Provider’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 Service Provider’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Service Provider’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. Service Provider 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. Service Provider, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing 26 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 5 of 14
work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Service Provider’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, Service Provider 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.
4.4.1 Submittal Requirements. Service Provider 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 Service Provider shall have a self-insured retention or deductible of no more than $100,000.
27 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 6 of 14
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. Service Provider hereby agrees to waive subrogation which any insurer or contractor may require from Service Provider by virtue of the payment of any loss. Service Provider 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 Service Provider, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Service Provider 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 Service Provider shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Service Provider maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Service Provider.
4.5 Remedies. In addition to any other remedies City may have if Service Provider 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 Service Provider to stop work under this Agreement and withhold any payment that becomes due to Service Provider hereunder until Service Provider demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND SERVICE PROVIDER’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 28 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 7 of 14
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 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 Service Provider or any employee, agent, or subcontractor of Service Provider 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, Service Provider shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Service Provider 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 SERVICE PROVIDER.
6.1 Independent Contractor. At all times during the term of this Agreement, Service Provider shall be an independent contractor and shall not be an employee of City.
29 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 8 of 14
6.2 Service Provider Not an Agent. Except as City may specify in writing, Service Provider shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Service Provider 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. Service Provider and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Service Provider 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. Service Provider represents and warrants to City that Service Provider 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, Service Provider and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Service Provider 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 Service Provider under this Agreement. Service Provider 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 Service Provider thereby.
7.5 Registration and Monitoring. Service Provider 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, Service 30 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 9 of 14
Provider 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 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 Service Provider 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 Service Provider or any subcontractor pays less than the specified prevailing wage.
In accordance with Labor Code Section 1776, the Service Provider 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 Service Provider. In the event of termination, Service Provider shall be 31 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 10 of 14
entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Service Provider delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Service Provider or prepared by or for Service Provider 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.
8.3 Assignment and Subcontracting. City and Service Provider recognize and agree that this Agreement contemplates personal performance by Service Provider and is based upon a determination of Service Provider’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 Service Provider. Service Provider may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Service Provider 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 Service Provider, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Service Provider. If Service Provider 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 Service Provider pursuant to this Agreement;
8.5.3 Retain a different service provider to complete the work described in Exhibit A not finished by Service Provider; or
8.5.4 Charge Service Provider 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 Service 32 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 11 of 14
Provider pursuant to Section 2 if Service Provider 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 Service Provider’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Service Provider prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Service Provider 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 Service Provider’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 Service Provider 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 Service Provider without prior written approval of City.
9.2 Service Provider’s Books and Records. Service Provider 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 Service Provider 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 33 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 12 of 14
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.
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. Service Provider may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Service Provider in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Service Provider 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. Service Provider 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 34 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 13 of 14
below, as reflected on the receipt of delivery or return receipt, as applicable.
Service Provider : AllSport America, Inc.
110 2nd Ave., Unit B12
Pacheco, CA 94553
ATTN: Lane Rutherford
[email protected]
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 Service Provider 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 Service Provider’s proposal, the Agreement shall control To the extent there are any inconsistences between the Exhibits and the Service Provider’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.
35 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 14 of 14
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.
The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG ALLSPORT AMERICA, INC.
____________________________ ______________________________ Garrett Evans, City Manager
Approved as to Form:
____________________________
Donna Mooney, City Attorney
36 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 1 of 3
EXHIBIT A
SCOPE OF SERVICES
.
Resurfacing of tennis court at Oak Hills Park
Courts Needs Extensive Repairs Lots Of Paint and Patching Before System Can Be Installed
Prep must be perfect for an overlay system
REMOVAL / PREPARATION
- Grind All High Spots to Bring Court level flush and flat - Flood tennis courts to check for bird baths/low spots, and fill in with patch compound - Fill Low Spots with Screed that are out of Tolerance To Bring Court Level Flush - Crack Repair, Fill Cracks with Laykold Filler Or acrylic patch Binder Compound - Grind Down/Sand and Buff Entire Surface to bring entire surface flush and make sure there are no Missed Humps or drops of Our Acrylic Patch Binder Compound before the start of The Pro Bounce Installation
- Paint Patch Repair (Quick Coat of paint on all repairs to help bring court Flush to help Prevent Shadowing through the Pro Bounce System.
NEW INSTALLATION/ SURFACING
- Installation Of NGI NOVA PRO BOUNCE SYSTEM
- 2-3 Coats Acrylic Resurfacer (Laykold Flex)
- 2 Coats Acrylic Color (Laykold Flex)
- Striping Game Lines for Pickleball and Basketball And Tennis - Furnish and install new net
- Cleanup
37 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 2 of 3
EXHIBIT B
COMPENSATION SCHEDULE
Payment for NGI Probounce Layover system and installation not to exceed $82,000.00.
38 General Services Agreement between November 22, 2023 City of Pittsburg and AllSport America, Inc. Page 3 of 3
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.
ALLSPORT AMERICA, INC.
By:
Title:
39 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 Acceptance of Urban and Community Forestry Grant Program Funds and Authorizing Execution of a Grant Agreement with the U.S. Department of Agriculture’s Forest Service
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
The City of Pittsburg has been awarded $2,000,000 in Inflation Reduction Act Urban and Community Forestry grant funds. The Project includes development of a tree inventory, software for this management effort, staff and community education regarding the urban forest, development of an Urban Forest Management Plan, and expanding Pittsburg’s urban forest with hundreds of trees.
FISCAL IMPACT
The $2,000,000 grant will cover the cost of a tree inventory, Urban Forest Management Plan, new software, staff education, and hundreds of trees.
Grant guidelines allow the requirement for local match to be met through in-kind services from City staff, volunteers, and equipment used for the project. The match requirement may also be waived entirely upon approval by the funding agency. The City has made a request for a waiver of the match requirement. No additional funds are requested at this time.
RECOMMENDATION
City Council adopt the attached Resolution authorizing the acceptance of the USDA Forest Services’ Urban Forest Management Grant Funding, allocating the funds, and designating the City Manager as the authorized representative for execution of all documents necessary to fulfill the requirements of the grant.
40 BACKGROUND
In the Spring of 2023, the U.S. Department of Agriculture's (USDA) Forest Service (FS) announced a Notice of Funding Opportunity for the Urban and Community Forestry Program (UCF). Under the Inflation Reduction Act, the Urban and Community Forestry Program received a historic $1.5 billion to support urban tree-planting, urban forest planning and management, and related activities, particularly in disadvantaged communities. It is the only dedicated urban forest program in the federal government.
By working with state partners and community tree groups, the program invests from the ground up in communities, improving more than 140 million acres of urban and community forest across the United States. Urban and Community Forestry is a covered program under the Agency’s Justice40 Initiative established through Executive Order 13985. To advance the mission of Justice40, the UCF program delivers 40% of the program’s investments to support disadvantaged communities experiencing low tree canopy and environmental justice issues.
In 2021, the City applied for a similar grant from CAL-Fire and was not awarded funding. In June 2023, the City applied for the Urban and Community Forestry Grant. In September, 2023 a notice of award was received for $2,000,000 for the Pittsburg Urban Forest Management Launch Project.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City of Pittsburg maintains 27 parks and about 74,000 trees in its parks, public properties, and rights of way. The City currently manages its urban forest resource without an inventory or plan to target and measure its efforts. A management plan would increase efficiency and help target resources where they are most needed.
With this grant the City will conduct a tree inventory to establish baseline data on existing trees, secure software for this management effort, educate staff and the community about urban forest management, begin a tree planting/replanting program focused in our most disadvantaged neighborhoods and create a comprehensive Urban Forest Management Plan .
The goal is to develop a strategy for tree planting to increase the tree canopy.
A share of the new trees to be planted will be located in underserved areas of the City, meeting the grant program’s goals for equity, reducing the impact of greenhouse gases, and producing additional environmental benefits. Expansion of the urban forest will help meet the City’s goal of improving the quality of life for City residents.
If approved, the project would begin early 2024 and be complete in 2029.
ATTACHMENTS: Resolution
Report Prepared By: Natasha Farmer, Administrative Analyst II 41 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Acceptance of Urban and )
Community Forestry Grant Program Funds )
And Authorizing Execution of a Grant ) RESOLUTION NO. 23- Agreement with United States Department )
Of Agriculture’s Forest Service )
WHEREAS, the City applied for and was awarded a $2,000,000 grant from the Inflation Reduction Act Urban and Community Forestry Grant administered by the United States Department of Agriculture’s Forest Service for the Pittsburg Urban Forest Management Launch Project (the “Project”); and
WHEREAS, the Project includes development of a tree inventory, software for this management effort, staff and community education regarding the urban forest, development of an Urban Forest Management Plan, and expanding Pittsburg’s urban forest with hundreds of trees; and
WHEREAS, match requirement waiver is currently pending but allows the match to be met through in-kind services from City Staff, volunteers, and equipment used for the project; and
WHEREAS, the City proposes to accept the grant and allocate the grant funds to the Project for use between Fiscal Year 2023/24 and Fiscal Year 2028/29.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the grant award in the amount of $2,000,000, approves allocation of grant funds to the Project, and authorizes the City Manager to execute a Grant Agreement and any necessary documents for the administration of this Project.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
42 Combined Agency/City Council Minutes Page 1 of 5 November 6, 2023
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: November 6, 2023
LOCATION: Marina Center, Conference Room, 340 Marina Blvd, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, 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 Scales-Preston called the meeting to order at 6:02 P.M. in the Marina Center, Conference Room, 340 Marina Blvd, Pittsburg, CA for a Special Meeting of the Public Financing Authority of the Pittsburg Enhanced Infrastructure Financing District as follows:
The members of the Public Financing Authority of the Pittsburg Enhanced Infrastructure Financing District Board are Juan Banales, Jelani Killings, Nancy Parent and Shanelle Scales- Preston. All members were in attendance.
PUBLIC COMMENTS
There were no public comments.
CONSIDERATION
1. Adoption of a Public Financing Authority Resolution to a) Adopt the By-Laws of the Pittsburg Enhanced Infrastructure Financing District and b) Direct Staff to Prepare the Infrastructure Financing Plan for the Pittsburg Enhanced Infrastructure Financing District
On Motion by Vice Mayor Banales, seconded by Mayor Scales-Preston to adopt and carried unanimously.
The Public Financing Authority adjourned at 6:36 P.M. The City Council took a recess before convening in Open Session for the Regular meeting at 7:00 P.M.
ROLL CALL
Member Adams was absent and excused.
43 Combined Agency/City Council Minutes Page 2 of 5 November 6, 2023
PLEDGE OF ALLEGIANCE
Chief Albanese led the Pledge of Allegiance.
PROCLAMATIONS
2. Veterans Day
CITY MANAGER REPORTS/REMARKS
City Manager Evans stated that this was the last City Council Meeting at the Marina Center.
Meetings will resume at City Hall, 65 Civic Avenue, Pittsburg, CA. He also noted that consent item number thirteen (#13) would be pulled for discussion and consent item number fifteen (#15) would be brought back at the November 20, 2023, City Council meeting.
Assistant City Manager Aliotti gave an update on upcoming City events and reiterated that the November 20, 2023, City Council Meeting will take place at City Hall, 65 Civic Ave, Pittsburg, CA.
PUBLIC COMMENTS
There were no public comments.
COMMITTEE REPORTS
Member Lopez attended the Life Enrichment Subcommittee meeting.
Vice Mayor Banales attended the Finance Management Subcommittee meeting.
Member Killings attended the School District Committee (2x2) and the Government Performance Subcommittee meeting.
PUBLIC HEARING
3. Introduction and Waive First Reading of Three Ordinances Terminating Development Agreements Between the City of Pittsburg and 1) SEECON Built Homes, Inc. for the Greystone Place Project, 2) Discovery Homes, Inc. for the Belle Harbor (Waterstone) Subdivision Project, and 3) Forecast Land Development LLC for the Liberty Subdivision Project.
On Motion by Member Killings, seconded by Vice Mayor Banales and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
44 Combined Agency/City Council Minutes Page 3 of 5 November 6, 2023
CONSIDERATION
4. Adoption of a City Council Resolution Adopting the City of Pittsburg Sustainability Plan.
On Motion by Member Lopez, seconded by Vice Mayor Banales and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
5. Adoption of a City Council Resolution Approving a Rate Increase Requested by Contra Costa Waste Service, Inc. for the Operation of the Recycling Center and Transfer Station.
On Motion by Member Killings, seconded by Vice Mayor Banales and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
6. Adoption of a City Council Resolution Accepting Plans and Specifications and Authorize Award of Project 2050 Safe Routes to School.
On Motion by Mayor Scales-Preston, seconded by Member Lopez and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
7. Adoption of a Minute Order of a City Council Recess for Winter Months.
On Motion by Member Killings, seconded by Vice Mayor Banales and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
CONFLICT OF INTEREST STATEMENT
Member Killings noted for the record that he would be abstaining from a vote on Consent item number fourteen (#14).
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
Item 13 was removed from consent and voted on separately. Item 15 was not voted on, will be brought back at a later date.
On Motion by Vice Mayor Banales, seconded by Member Lopez to adopt by the following vote:
45 Combined Agency/City Council Minutes Page 4 of 5 November 6, 2023 AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
8. Minutes of October 2, 2023 and October 16, 2023
9. Adoption of a City Council Resolution Authorizing the City Manager to Execute an Amendment to the Consulting Services Agreement between the City of Pittsburg and R.E.Y.
Engineers, Inc.
10. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consultant Services Agreement for Construction Management Services for Project 5067 Water Treatment Plant Filter Improvements and Hypochlorite Conversion.
11. Adoption of a City Council Resolution Authorizing Execution of a Contract with Western States Oil for Bulk Gasoline Services.
12. Adoption of a City Council Resolution Accepting the Plans and Specifications, Allocating Additional Funds, and Awarding Project 5080—HDPE Water Main Reducer Emergency Repair.
14. Adoption of an Ordinance Amending the Zoning Map for the LMK Petro Project from RS- 6 to CC and adopting specific land use and development regulations.
15. Adoption of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law.
City Manager stated this item (#15), would be brought back at a later date.
The following was voted on separately.
13. Adoption of a City Council Resolution Approving the Fifth Amendment to the Exclusive Negotiating Rights Agreement (ENRA) with Discovery Builders, Inc., for Development at Stoneman Park.
On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:
AYES: Banales, Killings, Lopez, Scales-Preston
ABSENT: Adams
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
46 Combined Agency/City Council Minutes Page 5 of 5 November 6, 2023
COUNCIL MEMBER REMARKS
Mayor Scales-Preston reported on events she attended which included Neighborhood Improvement Team (NIT) meeting, Fall tree planting with Member Killings, various Halloween events and a show at the California Theatre. She also mentioned that A-1 Barbershop celebrated their one (1) year anniversary, and she enjoyed witnessing their sense of community and inclusivity for all the neighboring businesses.
ADJOURNMENT
The meeting was adjourned at 8:21 P.M. to November 20, 2023.
Respectfully submitted,
Alice E. Evenson, City Clerk
47 Combined Agency/City Council Minutes Page 1 of 4 November 20, 2023
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: November 20, 2023
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, 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)
Vice Mayor Banales called the regular meeting to order at 7:06 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA after having convened at 6:32 P.M. for the following Closed Session:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:
Property: Property 1000 Civic Avenue; City negotiators: Garrett Evans, Jordan Davis; Negotiating parties: Discovery Builders; Under negotiation: Price and terms of payment
City Attorney Mooney stated the City Council provided direction to staff. There was no reportable action taken.
ROLL CALL
Mayor/Chair Scales-Preston and Member Lopez were absent and excused.
PLEDGE OF ALLEGIANCE
Vice Mayor Banales led the Pledge of Allegiance.
PRESENTATIONS
2. Presentation by County Clerk-Recorder on 2024 Election Cycle
PROCLAMATIONS
3. Homelessness Awareness Month
CITY MANAGER REPORTS/REMARKS
48 Combined Agency/City Council Minutes Page 2 of 4 November 20, 2023 City Manager Evans mentioned that item #15 on the consent calendar would be pulled and brought back at a later date.
Assistant City Manager Aliotti gave an update on Community Events.
PUBLIC COMMENTS
Siu Ling, Pittsburg, commended public works staff on their fast response when reporting an issue.
Comments on rent stabilization, tenant rights and Anti-harassment policies were received from:
Norma Heid
Edith Pastrano
Nicole Arrington
Randi Shelton
COMMITTEE REPORTS
Member Killings attended the Public Safety, Economic Development / Waterfront committee meetings
COMBINED CITY COUNCIL, HOUSING AUTHORITY CONSENT CALENDAR
Motion by member Adams, seconded by Member Killings and adopted by the following vote:
AYES: Adams, Banales, Killings
ABSENT: Lopez, Scales-Preston
5. Adoption of a City Council Resolution and Housing Authority Resolution Authorizing the Use of Housing Successor Agency Funds.
CITY COUNCIL MEETING
PUBLIC HEARING
6. Adoption of a Resolution Approving a General Plan Map Amendment, Vesting Tentative Map for a Major Subdivision and Design Review; and Introduction and Waive First Reading of an Ordinance Approving an Amendment to the San Marco Development Plan and PD-1362 (Planned Development, Ordinance No. 12-1362) District for Siena at San Marco Residential Subdivision (Units 16 and 17), AP-21-1584 (GP, PD/RZ, SUBD, DR)
City Manager Evans noted that this item was being pulled at the request of the applicant.
It will be re-noticed and brought back at a later date.
CONSIDERATION
7. Adoption of a City Council Resolution to Approve Acceptance of the Edward Byrne Memorial Justice Assistance Grant (JAG)
49 Combined Agency/City Council Minutes Page 3 of 4 November 20, 2023 Motion by member Killings, seconded by Member Adams and adopted by the following vote:
AYES: Adams, Banales, Killings
ABSENT: Lopez, Scales-Preston
CONFLICT OF INTEREST STATEMENT
There were no conflict of interests statements.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
On Motion by Member Adams, seconded by Member Killings and adopted by the following vote:
AYES: Adams, Banales, Killings
ABSENT: Lopez, Scales-Preston
8. Receive and File the Treasurer’s Report for the Quarter Ending September 30, 2023
9. Adoption of a City Council Resolution Authorizing the City Manager to Execute a First Amendment to the Consulting Services Agreement between the City of Pittsburg and TRC Solutions, Inc.
10. Adoption of a City Council Resolution Accepting Project 3021 – City Park Tree Safety Maintenance as Complete.
11. Adoption of a City Council Resolution to Approve Contract with Dell Technologies, LLC for the refresh of the Public Safety Camera Servers at Police Department.
12. Adoption of a City Council Resolution Authorizing Application for a Outdoor Equity Grants Funds.
13. Adoption of a City Council Resolution to Accept the Plans and Specifications and Awarding Project 1801 Frontage Road Living Green Trail.
14. Adoption of a City Council Resolution Approving the Purchase and Sale Agreement By between the City of Pittsburg and Humewood Inc.
16. Adoption of Three Ordinances Terminating Development Agreements Between the City of Pittsburg and 1) SEECON Built Homes, Inc. for the Greystone Place Project, 2) Discovery Homes, Inc. for the Belle Harbor (Waterstone) Subdivision Project, and 3) Forecast Land Development LLC for the Liberty Subdivision Project.
15. Adoption of Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi-family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law.
50 Combined Agency/City Council Minutes Page 4 of 4 November 20, 2023 This item was pulled and not voted on. Will be brought back at a later date.
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
There were no Council Member remarks.
ADJOURNMENT
The meeting was adjourned at 7:58 P.M. to December 04, 2023.
Respectfully submitted,
Alice E. Evenson, City Clerk
51 City Council Meeting Minutes Page 1 of 2 December 4, 2023
CITY OF PITTSBURG
CITY COUNCIL SPECIAL MEETING MINUTES
DATE: December 4, 2023
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL.AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, 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 Scales-Preston called the meeting to order at 7:05 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA.
ROLL CALL
All Members were present.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.
CITY MANAGER REPORTS/REMARKS
Assistant City Manager Aliotti gave an update on upcoming City events.
PUBLIC COMMENTS
There were no public comments.
REMARKS AND RECOGNITION OF OUTGOING MAYOR/CHAIR
1. Remarks from Outgoing Mayor
2. Presentations/Comments for Outgoing Mayor
Merl Craft, Pittsburg, congratulated Mayor Scales-Preston for a productive year. She also welcomed incoming Mayor Banales.
52 City Council Meeting Minutes Page 2 of 2 December 4, 2023
CITY COUNCIL REORGANIZATION
3. Selection of Mayor/Chair
On motion by Mayor Scales-Preston, seconded by Member Adams to appoint Juan Antonio Banales as Mayor/Chair and carried unanimously.
4. Selection of Vice-Mayor/Chair
On motion by Mayor Banales, seconded by Member Scales-Preston to appoint Jelani Killings as Vice-Mayor/Vice-Chair and carried unanimously.
5. Remarks from New Vice-Mayor/Chair
6. Remarks from New Mayor/Chair
7. Remarks from New Council Members
ADJOURNMENT
The City Council adjourned at 7:42 P.M. to December 18, 2023.
Respectfully submitted,
Alice E. Evenson, City Clerk
53 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Receive and File Report on the Review of Development Impact Fees Received by the City of Pittsburg that are Subject to AB 1600 Reporting Requirements
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
AB 1600 (Government Code Sections 66000–66008) requires cities to justify and account for developer fees which they enact, increase or impose as a condition of new development for the purposes of financing “public facilities and improvements.” AB 1600 also requires an annual review of the developer fees that have been collected and spent during the previous year. This report fulfills the AB 1600 requirements.
FISCAL IMPACT
There is no fiscal impact in receiving the report on the review of the Development Impact Fees received by the City of Pittsburg.
RECOMMENDATION
Receive and file report pertaining to the review of Development Impact Fees received by the City of Pittsburg that are subject to AB 1600 reporting requirements.
BACKGROUND
Many cities charge fees on new development to fund public facilities and improvements such as streets, libraries, sewer and water systems and storm drains. These fees are commonly known as Development Impact Fees. In order to ensure that these fees are spent in a timely manner and on projects for which they were collected, the State Legislature passed a bill known as AB 1600 (Mitigation Fee Act). The law applies to developer fees increased or imposed, on or after January 1, 1989. Mitigation Fee Act adds Government Code Sections 66000-66008 that generally contain the following four requirements:
54 1. A local jurisdiction must follow the process set forth in the statutes and make certain determinations regarding the purpose and use of the fees, and establish a “nexus” or connection between a development project or class of project and the public improvement being financed with the fee.
2. The fee revenue must be segregated from the general fund in order to avoid commingling of public improvement fees and the general fund.
3. If a local jurisdiction has had possession of a developer fee for five years or more and has not committed that money to a project or actually spent that money, then it must make findings describing the continuing need for that money. In addition, an annual report must be made of fees collected, interest earned, projects on which fees were expended, and any transfers or loans from the fee account. This report is to be reviewed by the local agency assessing the fees.
4. If a local jurisdiction cannot make the findings required under Paragraph 3, the city or county must refund the fees collected.
It should be noted that Mitigation Fee Act reporting requirements do not apply to the following fees:
Fees charged in lieu of parkland dedication
Regulatory and processing fees
Fees collected pursuant to development agreements
Fees collected pursuant to a reimbursement agreement that exceeds the developer’s share of an improvement
Assessment district proceeds or taxes
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The City of Pittsburg assesses the following Developer Impact Fees:
Kirker Creek Drainage Fee
Local Traffic Mitigation Fee
Park Dedication Fee
Inclusionary Housing In-Lieu Fee
Traffic Impact Fair Share Fee
Pittsburg Regional Transportation Development Impact Mitigation Fee Water Facility Reserve Fees
Sewer Facility Reserve Fees
The Traffic Mitigation Fees, Pittsburg Regional Transportation Development Impact Mitigation Fees, Kirker Creek Drainage Fees, Inclusionary Housing In-Lieu Fees, Traffic Impact Fair Share Fee and the Sewer and Water Facility Reserve Fees that the City of Pittsburg collects, qualify as Development Impact Fees. Therefore, these fees must comply with the above referenced statutes. Government Code Section 66001 requires the City to make available to the public certain information regarding development impact fees for each fund within 180 days after the end of the fiscal year.
55 Expenditures of the fees collected must occur within a 5-year period of collection unless the City can make the appropriate findings that there remains reasonable relationships between the current need for the fees and the purpose for which they were originally proposed.
Kirker Creek Drainage Fees collected in the amount of $370,145 have been on deposit for over five years and these findings are stated on page 2 of the attached report. In summary, the Kirker Creek Drainage Fund is insufficient to construct the prioritized improvements recommended in the 2001 Storm Water Master Plan. As development continues in the Kirker Creek watershed area, additional funds will be collected and deposited for construction of the prioritized improvements.
In addition, there are Traffic Impact Fair Share funds in the amount $536,953 that have been on deposit for over five years and these findings are stated on Page 7 of the attached report. In summary, the fair share funds have been on deposit to address future capital projects in the areas near West Leland Road/Oak Hills Drive; East Leland Road/Century Boulevard; Willow Pass Road/Avila Road; San Marco Boulevard/West Leland Road; and Bailey Road/West Leland Road. The funding held on deposit will be augmented as development in the respective areas occur.
Although the Park Dedication Fee is covered under the Quimby Act and not Mitigation Fee Act, staff has included the Park Dedication Fee in this report for reporting purposes only.
ATTACHMENTS: AB1600 Report
On File in the Office of the City Clerk
Report Prepared By: Andy Wang, Assistant Finance Director Report Reviewed By: Paul Rodrigues, Finance Director
56 Kirker Creek Drainage Fees
Revenues and Expenditures - Fund 302
FY17/18 - FY22/23 Proj # FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 391,638$ 383,361$ 379,680$ 360,321$ 363,307$ REVENUES:
Kirker Creek Drainage Fees Collected 335 - Other Revenue:
Interest Earnings 12,292 11,133 1,288 2,986 6,838 Transfers-In: 5,009
Total Revenues: 12,628 16,142 1,288 2,986 6,838 EXPENDITURES:
Project Expenditures:
Railroad Ave. Storm Drainage Improvements 3202 2,905 - Pump Station Repairs 3205 1,462 2,287 - Transfers - Out:
Tsfr-Out to General Fund (Engineering Support) 18,000 18,360 18,360 - Tsfr-Out to NPDES
Total Expenditures: 20,905 19,822 20,647 - - Revenues Over/Under Expenditures: (8,277) (3,680) (19,359) 2,986 6,838 Fund Balance - June 30 383,361$ 379,680$ 360,321$ 363,307$ 370,145$ There have been no fee refunds to-date.
The description of this fee and fee amounts per Ordinance No. 01-1180 dated April 16, 2001 and Ordinance No. 05-1236 dated 02/07/05.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 57 Local Traffic Mitigation Fees
Revenues and Expenditures - Fund 303
FY17/18 - FY22/23 Proj # FY17/18 FY18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 2,490,964$ 2,174,701$ 1,835,666$ 2,157,901$ 3,906,276$ 5,207,247$ REVENUES:
Traffic Mitigation Fees Collected 198,647 1,443,301 422,541 2,120,918 1, 330,212 1,153,794 Transfers-in from Reg Traffic Mitigation 420,069 236,304 Other Revenue:
Interest Earnings 13,004 68,485 181,516 10,087 39,317 107,846 Other Revenue(1) 7,412 31,241
Total Revenues: 211,651 1,931,855 840,361 2,131,005 1,376,941 1,292,880 EXPENDITURES:
Project Expenditures:
California Ave. Widening Phase I (North) 3006 4,673 5,000 W. Leland Road Extension (San Marco to Avila) 3011 2,346 14,449 13,207 San Marco Blvd/ Santa Teresa Signal 3012 131,935
Intelligent Transportation System Upgrade 3013 289
San Marco Right Turn @West Leland 3014 54,367
James Donlon Blvd Extension PHASE I 3015 181,350 2,167,793 366,742 6,318 8,424 30,868 Other Expenditures:
Engineering Support 79,967 83,359 84,892 76,311 67,546 68,782 Land Acquisition* 53,285
Transfers - Out:
Tsfr-Out to Gas Tax - 15/16 Citwide Pavement Management Project 73,276 Tsfr-Out to Pittsburg CIP - Traffic Signal Installation (3104) Tsfr-Out to Measure J - BART Multimodal Facility 2010
Tsfr-Out to Measure J - Ped & Bicycle Connectivity 2019 300,000 Total Expenditures: 527,914 2,270,890 518,126 382,629 75,970 99,650 Revenues Over/Under Expenditures: (316,263) (339,035) 322,235 1,748,376 1,300,971 1,193,230 Fund Balance - June 30 2,174,701$ 1,835,666$ 2,157,901$ 3,906,276$ ** 5,207,247$ 6,400,477$ There have been no fee refunds to-date.
The description of this fee and fee amounts per Resolution No. 06-10687 dated December 18, 2006. (1) Other revenues associated with CIP project
** A portion of these funds have been allocated towards the San Marco Right Turn @ W. Leland ($45,633) * During the FY 19/20, $53,285 was used to acquire a parcel of vacant surplus land from Contra Costa County adjacent to intersection of Harbor Street and California Avenue. The parcel will be used for expansion of this intersection to improve the safe and effecient flow of traffic through the intersection.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 58 Park Dedication Fees
Revenues and Expenditures - Fund 304
FY17/18 - FY22/23 Proj # FY17/18 FY18/19 FY19/20 FY20/21 FY21/22 FY22/23 Fund Balance - July 1 1,389,615$ 1,284,856$ 755,706$ 1,538,367$ 2,706,276$ 2,428,824$ REVENUES:
Park Dedication Fees Collected 19,531 58,160 457,221 1,223,013 919,314 693,038 Other Revenue:
Interest Earnings 1,217 32,801 43,637 3,736 21,415 47,804 Measure WW Grant - Ambrose Park Pool Renovation 153,957 Ambrose Park Pool Renovation - County Share
Ambrose Park Restroom Renovation - County Share 510,000 318,788 - - Ambrose Park Pool Renovation - Ambrose District Share
John Henry Johnson Park - Housing Related Parks Grant
Transfers-In:
Tsfr-In from Infrastructure Repair/Rplcment Fund - Buckley Square (40,481) Total Revenues: 134,224 90,962 1,010,858 1,545,536 940,728 740,842 EXPENDITURES:
Project Expenditures:
Small World Park New Features 3054 935
Ambrose Park Master Plan & Improvements 3057 135,305 3,720 534 809 - John Henry Johnson Park Improvements 3062 1,299
San Marco Park 3065 23,477 359,665
John Buckley Square (Old Town Park) 3066 10,901
DeAnza Park Rehabilitation 3069 5,879
PK-3 Small World Park Improvements 3070 23,438 1,040 PK-4 Annual Playground Replacement 3071 119,702
PK-6 City Park Soccer Field Replacement 3072 14,680
PK-9 Annual Park Features Replacement 3073 15,093 1,385 21,498 221,627 PK-10 Biennial Restroom Repl/Rehab 3074 6,377
pk-15 Annual Park Sign Replacement 3075 43,633 65,488 PK-8 Biennial Playfield Replacement 3076 20,344 3,000 PK-13 Annual Park and Landscaping Imp 3077 18,947 8,206 81,062 40,572 Downtown Ice Rink 3078 19,283
Ambrose Park Restroom Construction 3079 49,085 245,432 556,845 Dalta View Sports Field 3080 29,174 561,915
Oak Hills Restroom 3123 80,917 280,541
Other Expenditures:
Engineering Support 63,572
Interest Accrual - Interfund Loans
Interfund Loan Payoff to Sewer Fund
Interfund loan Payoff to Power Fund
Transfers - Out:
Tsfr-Out to General Fund - Engineering Support 58,731 59,906 61,104 58,049 62,326 - Tsfr-Out to Measure J Fund 108,689 32,515
Tsfr-Out to Gas Tax Fund - Standard Detail Update 8,335 22,665 25,000 Total Expenditures: 238,983 620,111 228,197 377,627 1,218,181 949,599 Revenues Over/Under Expenditures: (104,759) (529,149) 782,661 1,167,909 (277,452) (208,757) Fund Balance - June 30 1,284,856$ 755,706$ 1,538,367$ 2,706,276$ * 2,428,824$ 2,220,067$ The description of this fee and fee amounts per Ordinance No. 06-1275 dated October 16, 2006.
There have been no fee refunds to-date.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 *A major portion of these funds have been allocated towards the following: West Leland Street Lighting ($25,000), Small World Park Improvements ($990), Annual Playground Replacement ($240,000), City Park Soccer Field Turf Replacement ($235,320), Annual Park Features Replacement ($262,024), Biennial Restroom Replacement/Rehab ($383,623), Annual Park Sign Replacement ($106,367), Biennial Playfield Replacement ($346,226), Annual Park and Landscaping Improvements ($222,847), Downtown Ice Rink ($280,717), Ambrose Park Restroom ($547,073), Delta View Sports Field ($600,000), Oak Hills Restroom ($500,000) 59 Inclusionary Housing In-Lieu Fees
Revenues and Expenditures - Fund 305
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 389,133$ 391,255$ 404,014$ 416,121$ 418,518$ 418,837$ REVENUES:
Inclusionary Housing In Lieu Fees Collected -
Other Revenue:
Interest Earnings 2,122 12,759 12,107 2,397 319 731 Transfers-In:
Total Revenues: 2,122 12,759 12,107 2,397 319 731 EXPENDITURES:
Project Expenditures:
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 2,122 12,759 12,107 2,397 319 731 Fund Balance - June 30 391,255$ 404,014$ 416,121$ 418,518$ 418,837$ 419,569$ There have been no fee refunds to-date.
The description of this fee and fee amounts are per Resolution No. 05-10215 dated 2/7/2005 and Ordinance No. 04-1229 dated 11/15/04.
60 Traffic Impact Fair Share Fund
Revenues and Expenditures - Fund 306
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 487,174$ 489,831$ 505,805$ 520,962$ 522,702$ 527,033$ REVENUES:
Traffic Impact Fair Share Fees Collected -
Other Revenue:
Interest Earnings 2,657 15,973 15,158 1,740 4,331 9,920 Total Revenues: 2,657 15,973 15,158 1,740 4,331 9,920 EXPENDITURES:
Transfer-Out to Pittsburg CIP - Traffic Signal Installation 3104 - Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 2,657 15,973 15,158 1,740 4,331 9,920 Fund Balance - June 30 489,831$ 505,805$ 520,962$ 522,702$ 527,033$ 536,953$ Description of fee:
Traffic Impact Fair Share fees were collected for the purpose of funding transportation projects in the area of new developments. Developers of individual projects paid a fee consistent with their percentage share of the cost of the traffic project, such as road widening or traffic signal, made necessary by their development. The share of responsibility was determined by a traffic study required by the City during the permit approval process. For example, if a fast food restaurant was determined by a traffic study to add 3 percent of the traffic at an intersection that will need a traffic signal, the developer would pay a fee in an amount equivalent to 3 percent of the cost of a signal, or $6,600 for a $220,000 traffic signal project. (See attachment for the amount collected per developer and the description of the specific traffic impact.) 11/14/13 - A fee refund of $3,750.00 + $726.00 interest was paid to Empire Business Park (Lonne Carr). Refund due to a deposit intended to extend the left turn lanes at the intersection that was proposed, however there are no plans by the City, Contra Costa County or Caltrans to complete this at this time. 61 Pittsburg Regional Transportation Development Impact Mitigation (PRTDIM) Fees Revenues and Expenditures - Fund 307
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 1,673,471$ 632,061$ 213,588$ (20,910)$ (20,587)$ (16,878)$ REVENUES:
PRTDIM Fees Collected -
Other Revenue:
Interest Earnings 6,420 18,772 3,687 323 3,709 8,494 Prior Year Revenue (17,176)
Total Revenues: 6,420 1,596 3,687 323 3,709 8,494 EXPENDITURES:
Project Expenditures:
James Donlon Blvd. Extension 3701 46,606 -
Railroad Avenue Traffic Siginal Timing 3702 830 - BART Access Improvments Project 3703 123 1,881 - BART Parking and Access Strategy 3704 1,270 - Transfers - Out:
Tsfr-Out to eBART CFD
Transfer-Out to Measure J (BART Multimodal) 999,001
Transfer-Out to Local TMF Fund 420,069 236,304
Total Expenditures: 1,047,830 420,069 238,185 - - - Revenues Over/Under Expenditures: (1,041,410) (418,473) (234,498) 323 3,709 8,494 Fund Balance - June 30 632,061$ 213,588$ (20,910)$ * (20,587) $ (16,878)$ (8,385)$ * A portion of these fees have been programmed for the James Donlon Blvd Extension Phase I ($236,304) Railroad Ave Traffic Signal Timing, ($4,540) BART Access Improvements ($7,483), BART Parking and Access Strategy ($5,127)
The description of this fee and fee amounts per Resolution No. 10-11533 dated 09/20/10 and Ordinance No. 10- 1329 dated 10/04/10.
There have been no fee refunds to-date.
These fees were used to help fund regional transportation improvements, necessary to offset the impacts of continuing growth and development within the City, and to cooperate with the City's regional partners, including East Contra Costa Regional Fee and Financing Authority (ECCRFFA), to fund and implement transportation projects in the regional area. Fees are no longer retained at the City level, but instead are collected and passed through to ECCRFFA to be used for regional projects.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 62 Water Facility Reserve Fees - Water Treatment Plant Expansion Revenues and Expenditures - Fund 502
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 804,648$ 867,412$ 991,394$ 1,258,217$ 1,490,867$ 3,130,065$ REVENUES:
Water Facility Reserve Fees Collected 74,500 96,937 80,089 234,579 132,485 96,276 Other Revenue:
Interest Earnings 3,751 27,046 31,739 3,803 25,525 52,351 Transfers-In from Water Bond
Transfers-In from Water Fund 607,608 34,688 168,660 1,500,000 - Transfers-In from Water Fund (iBank loan funds) 339,170 Transfers-In from Water Facility Reserve (Other Fund)
Total Revenues: 1,025,029 158,671 280,488 238,382 1,658,010 148,627 EXPENDITURES:
Project Expenditures:
Water Treatment Plant SCADA Upgrades 5035 15,487 3,402 Water Treatment Plant Sludge Handling Facility 5040 946,778 34,688 13,665 2,330 W-55 Buchanan Road Waterline 5049
WTP Disinfection Modification & Conversion 5062 18,812
W-34 WTP Disinfection Mod & Conversion 5069 500,000
Main on W. Leland (WTP to SW Hills) 5071 -
Total Expenditures: 962,265 34,688 13,665 5,732 18,812 500,000 Revenues Over/Under Expenditures: 62,764 123,982 266,823 232,650 1,639,198 (351,373) Fund Balance - June 30 867,412$ 991,394$ 1,258,217$ 1,490,867$ * 3, 130,065$ 2,778,692$ The description of this fee and fee amounts collected prior to August 20, 2005 per Resolution No. 98-8551.
The description of this fee and fee amounts collected on or after August 20, 2005 per Resol ution No. 05-10291.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 * A portion of these funds have been allocated to upgrade the Supervisory Control and Data Acquisition (SCADA) system at the Water Treatment Plant ($3,402), WTP Disinfection Modification & Conversion ($400,000), Main on W.
Leland (WTP to SW Hills) $1,796,000.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 63 Water Facility Reserve Fees - Water Distribution
Revenues and Expenditures - Fund 503
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 394,913$ 383,204$ 909,057$ 455,303$ 1,516,867$ 1,698,082$ REVENUES:
WFR - Water Distribution Fees Collected 231,622 502,803 337,243 1,062,084 167,597 116,483 Other Revenue:
Interest Earnings 2,122 23,050 36,503 (520) 13,618 32,968 Total Revenues: 233,744 525,853 373,746 1,061,563 181,215 149,450 EXPENDITURES:
Project Expenditures:
Delta Diablo Recycled Water - John Buckley Park 5056 102,500 Waterline School Street between Harbor/Vincent 5057 220,453 Transfers-Out to Water Facility Reserve Fund 502 - 2016/17 Water Main Installation Project 5054 (77,500)
Transfers - Out to Sewer Fund: 827,500
Total Expenditures: 245,453 - 827,500 - - - Revenues Over/Under Expenditures: (11,709) 525,853 (453,754) 1,061,563 181,215 149,450 Fund Balance - June 30 383,204$ 909,057$ 455,303$ * 1, 516,867$ 1,698,082$ 1,847,533$ The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No.12-11778 dated 02/21/12 There have been no fee refunds to-date.
*A portion of these funds have been programmed for 10/11 Sewer Replacement Program ($750,000), CCTV/Inspection/Sewer Replacement Program-Completed ($77,500)
These fees ensure the distribution system has available operational capacity to meet the demands of new development outside the Southwest Hills.
The five-year CIP was adopted by the City Council on June 21, 2021 per Resolution No. 21-13944 64 Water Facility Reserve Fees - Zone 1 & 2 Reservoir
Revenues and Expenditures - Fund 504
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 965,043$ 970,305$ 1,001,946$ 1,031,972$ 1,035,418$ 1,043,998$ REVENUES:
WFR - Zone 1/11 Reservoir Fees Collected -
Other Revenue:
Interest Earnings 5,262 31,641 30,026 3,446 8,580 19,650 Transfers-In:
Total Revenues: 5,262 31,641 30,026 3,446 8,580 19,650 EXPENDITURES:
Project Expenditures:
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 5,262 31,641 30,026 3,446 8,580 19,650 Fund Balance - June 30 970,305$ 1,001,946$ 1,031,972$ 1,035,418$ 1,043,998$ 1,063,648$ Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 There have been no fee refunds to-date.
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
These fees will be used to fund the cost of a water reservoir for Zones 1 and 2 which are not within the Southwest Hills area.
65 Water Facility Reserve Fees - SE 20" Trans Line
Revenues and Expenditures - Fund 505
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 131,100$ 157,075$ 233,334$ 287,032$ 400,066$ 421,727$ REVENUES:
WFR - SE 20" Trans Line Fees Collected 25,184 69,538 45,491 112,288 18,232 12,683 Other Revenue:
Interest Earnings 791 6,721 8,207 747 3,429 8,047 Transfers-In:
Total Revenues: 25,975 76,258 53,698 113,035 21,661 20,731 EXPENDITURES:
Project Expenditures:
Interest Expense
Transfers Out to Water Fund (W-55 Buchanan Road
Waterline)
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 25,975 76,258 53,698 113,035 21,661 20,731 Fund Balance - June 30 157,075$ 233,334$ 287,032$ 400,066$ 421,727$ 442,458$ These fees will be used to fund the Segment 1E and Zone 2 Transmission Pipeline to the new Zone 2 Reservoir.
There have been no fee refunds to-date.
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 66 Water Facility Reserve Fees - SW Hills CIP - Phase I & II Revenues and Expenditures - Fund 506
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 57,467$ 5,501$ 0$ 0$ 0$ 0$ REVENUES:
WFR - SW Hills CIP Fees Collected 151,251 150,179 123,773 567,849 602,686 426,578 Other Revenue:
Interest Earnings 1,840 3,166 (939) 3,705 5,537 Total Revenues: 151,251 152,018 126,939 566,910 606,391 432,115 EXPENDITURES:
Project Expenditures:
Interest Expense 34
Transfers - Out:
Transfer-Out to Water Revenue Bond (1) 203,183 157,519 126,939 566,910 606,391 Total Expenditures: 203,217 157,519 126,939 566,910 606,391 - Revenues Over/Under Expenditures: (51,966) (5,501) - - - 432,115 Fund Balance - June 30 5,501$ 0$ 0$ 0$ 0$ 432,115$ West Leland Waterline 234,766$
Vista Del Mar Waterline 235,154
Southwest Hills Water Improvement Project 13,200,368
Total Eligible for Reimbursement: 13,670,288
Reimbursed in Prior Years (1,208,021)
Reimbursed in Fiscal Year 14/15 (265,688)
Reimbursed in Fiscal Year 15/16 (428,624)
Reimbursed in Fiscal Year 16/17 (214,782)
Reimbursed in Fiscal Year 17/18 (203,183)
Reimbursed in Fiscal Year 18/19 (157,519)
Reimbursed in Fiscal Year 19/20 (126,939)
Reimbursed in Fiscal Year 20/21 (566,910)
Reimbursed in Fiscal Year 21/22 (606,391)
Reimbursed in Fiscal Year 22/23 -
Balance Remaining to Reimburse Water Bond 9,892,231$
(1) The fees collected will reimburse Water Bond funds used in prior years to construct the new 3.0 MG Zone 2 Reservoir, two pump stations (Zone 2 & 3) and Transmission Pipeline Segments 2-5 to serve Southwest Hills. Reimbursement will take place as funds become available, starting in Fiscal Year 2011/12.
Project Descriptions and Expenses incurred are as follows:
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 67 Water Facility Reserve Fees - SW Hills Phase III Pipe/Reservoir Revenues and Expenditures - Fund 507
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY22/23 Fund Balance - July 1 2,292,965$ 2,339,136$ 2,425,179$ 3,255,808$ 3,417,391$ 3,709,040$ REVENUES:
WFR - SW Hills Phase III Pipe Fees Collected 33,593 9,831 3,860 150,961 261,685 184,985 Other Revenue:
Interest Earnings 12,578 76,212 72,769 10,622 29,964 72,105 Transfers-In:
Tsfr-In from Water Bond 754,000
Total Revenues: 46,171 86,043 830,629 161,583 291,649 257,090 EXPENDITURES:
Project Expenditures:
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 46,171 86,043 830,629 161,583 291,649 257,090 Fund Balance - June 30 2,339,136$ 2,425,179$ 3,255,808$ 3,417,391$ 3,709,040$ 3,966,130$ The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No.12-11778 dated 02/21/12 A portion of these funds have been programmed for the Water Mai n at West Leland, from Water Treatment Plant to Southwest Hills ($1,796,000)
In addition to funding segment P-1, the fees collected will reimburse Water Bond funds used in prior years to construct the new Transmission Pipeline Segments P2-5 to serve Southwest Hills. Reimbursement will take place as funds become available, and after the other segments of the pipeline are completed. 68 Water Facility Reserve Fees - SW Hills Phase III Pump Revenues and Expenditures - Fund 508
FY17/18 - FY22/23 Project Number FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 (0) (0) (0) (0) (0) (0) REVENUES:
WFR - SW Hills Phase III Pump Fees Collected
Other Revenue:
Transfers-In:
Total Revenues: 0 - - - - - EXPENDITURES:
Project Expenditures:
Transfers - Out:
Transfer-Out to Water Revenue Bond (1)
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 0 - - - - - Fund Balance - June 30 (0)$ (0)$ (0)$ (0)$ (0)$ (0)$ The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 San Marco Site Land Acquisition $325,000
Total Eligible for Reimbursement: 325,000$
Reimbursed in FY 2011/12: (103,102)
Balance Remaining to Reimburse Water Bond 221,898$
(1) The fees collected will reimburse Water Bond funds used in prior years to acquire the Zone 4 site at San Marco for water lines serving Zones 3 and higher within the Southwest Hills area. Reimbursement will take place as funds become available, starting in Fiscal Year 2011/12. Project Description and Expenses incurred are as follows:
69 Water Treatment Plant Sludge Handling
Revenues and Expenditures - Fund 509
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 75,989$ 166,546$ 293,858$ 401,761$ 697,402$ 863,956$ REVENUES:
WFR - Water Treatment Plant Sludge Handling 89,909 119,387 96,599 294,805 159,813 116,248 Other Revenue:
Interest Earnings 648 7,925 11,304 836 6,741 17,636 Total Revenues: 90,557 127,312 107,903 295,641 166,554 133,884 EXPENDITURES:
Project Expenditures:
Interest Expense
Transfers-Out to Water Facility Reserve - Fund 502 (W-33 WTP Sludge Handling Facility) 5040
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 90,557 127,312 107,903 295,641 166,554 133,884 Fund Balance - June 30 166,546$ 293,858$ 401,761$ 697,402$ 863,956$ 997,839$ Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 The Water Treatment Plant (WTP) Sludge Handling Fee (Fund 509) covers the cost of increasing the WTP’s capacity for handling additional sedimentation basin sludge, a result of increased WTP water production resulting from additional development within the City.
$550,000 was programmed for a Sludge Handling Facility at the Water Plant. Fund 502, Water Treatment Plant Expansion funded $300,000 of the project, $250,000 was funded with Sludge Handling funds (fund 509). The balance of $300,000 has been reimbursed from Water Treatment Plant Sludge Handling funds in FY 2015/16. 70 Water Facility Reserve Fees - Zone 1 Reservoir
Revenues and Expenditures - Fund 510
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 320,266$ 440,985$ 714,829$ 910,980$ 1,465,197$ 1,563,716$ REVENUES:
WFR - Zone 1 Reservoir Fees Collected 118,612 254,174 170,049 552,231 85,841 59,683 Other Revenue:
Interest Earnings 2,107 19,670 26,102 1,986 12,678 29,948 Transfers-In:
Total Revenues: 120,719 273,844 196,151 554,217 98,520 89,631 EXPENDITURES:
Project Expenditures:
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 120,719 273,844 196,151 554,217 98,520 89,631 Fund Balance - June 30 440,985$ 714,829$ 910,980$ 1,465,197$ 1,563,716$ 1,653,348$ There have been no fee refunds to-date.
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 These fees will be used to fund the cost of a water reservoir for Zones 1 which are not within the Southwest Hills area. 71 Water Facility Reserve Fees - Zone 2 Reservoir
Revenues and Expenditures - Fund 511
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 87,438$ 87,914$ 114,040$ 130,588$ 131,734$ 132,826$ REVENUES:
WFR - Zone 1 Reservoir Fees Collected 22,586 12,828 708 - Other Revenue:
Interest Earnings 476 3,540 3,720 438 1,092 2,500 Transfers-In:
Total Revenues: 476 26,126 16,548 1,146 1,092 2,500 EXPENDITURES:
Project Expenditures:
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 476 26,126 16,548 1,146 1,092 2,500 Fund Balance - June 30 87,914$ 114,040$ 130,588$ 131,734$ 132,826$ 135,326$ There have been no fee refunds to-date.
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12 These fees will be used to fund the cost of a water reservoir for Zone 2 which are not within the Southwest Hills area. 72 Sewer Facility Reserve Fees -Collection System Capacity Buy-In Revenues and Expenditures - Fund 522
FY17/18 - FY22/23 Proj # FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 674,101$ 788,994$ 1,257,154$ 676,537$ 1,085,670$ 522,973$ REVENUES:
Sewer Facility Reserve Buy In - Fees Collected 111,218 517,676 188,897 643,818 33,612 186,018 Other Revenue:
Interest Earnings 3,675 32,796 40,487 315 3,691 10,033 Transfers-In:
Total Revenues: 114,893 550,472 229,383 644,133 37,303 196,051 EXPENDITURES:
Project Expenditures:
Sewer Line Replacement East of Loveridge 5207 82,312 - Transfers - Out:
Transfer-Out to Sewer Operating - Sewer Rehab 810,000 235,000 600,000 - Total Expenditures: - 82,312 810,000 235,000 600,000 - Revenues Over/Under Expenditures: 114,893 468,160 (580,617) 409,133 (562,697) 196,051 Fund Balance - June 30 788,994$ 1,257,154$ 676,537$ * 1,085,670$ 522,973$ 719,024$ *Fees have been programmed for the Highway 4 Trunk Line Relief Project ($133,113). Fees have also been programmed for the CCTV/Inspection/Sewer Rehab project ($460,000), Montezuma Pump Station Replacement ($585,000) There have been no fee refunds to-date.
Revised fee amounts per Resolution No. 05-10372
The description of this fee and fee amounts collected prior to August 20, 2005 per Resolution No. 97-8495.
The description of this fee and fee amounts collected on or after August 20,2005 per Resolution No. 05-10291. 73 Sewer Facility Reserve Fees - Hwy 4 Trunk Line
Revenues and Expenditures - Fund 523
FY17/18 - FY22/23 FY 17/18 FY 18/19 FY 19/20 FY 20/21 FY 21/22 FY 22/23 Fund Balance - July 1 20,166$ 20,276$ 21,818$ 22,472$ 34,114$ 32,764$ REVENUES:
SFR-Pipe - Fees Collected 872 11,568 (1,614) - Other Revenue:
Interest Earnings 110 670 654 75 264 617 Transfers-In:
Total Revenues: 110 1,542 654 11,643 (1,350) 617 EXPENDITURES:
Project Expenditures:
Reimbursment - prior year revenue 1
Transfers - Out:
Total Expenditures: - - - - - - Revenues Over/Under Expenditures: 110 1,542 654 11,643 (1,350) 617 Fund Balance - June 30 20,276$ 21,818$ 22,472$ 34,114$ 32,764$ 33,381$
1.A developer refund was made in 2016/17 - for reimbursement of Sanitary Sewer Video costs.
Revised fee amounts per Resolution No. 12-11778 dated 02/21/12.
These fees will be used to fund the increase in size for the Highway 4 Sewer Trunk Line to serve new development.
Funds in the amount of $200,000 for the Hwy 4 Trunk Line Relief project are payable to fund 522 Sewer Facility Reserve Buy-In fund when revenue receipts are sufficient.
The description of this fee and fee amounts per Resolution No. 05-10291 dated June 20, 2005. 74 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Donna Mooney, City Attorney
SUBJECT: Adoption of a City Council Resolution Authorizing the City Attorney to Execute First Amendment to Outside Counsel Services Agreement with Jackson Lewis, PC
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
The City Attorney proposes a first amendment to an Outside Counsel Services Agreement with the law firm Jackson Lewis PC, to increase the compensation to cover anticipated invoices for legal representation in upcoming arbitration proceedings in December 2023, and any needed legal services through the contract term.
FISCAL IMPACT
The amendment would add $75,000 to the contract, which would be funded by the City Attorney litigation fund or relevant department.
RECOMMENDATION
Adopt the Resolution authorizing the City Attorney to execute the First Amendment to the Outside Counsel Services Agreement with the law firm Jackson Lewis, PC.
BACKGROUND
Jackson Lewis has provided specialized legal services to the City including advice on employment discipline and termination matters, and represents the City in arbitration proceedings. Arbitration proceedings are similar to trials and involve witness testimony, legal briefing and legal arguments, and conclude with a written decision of the arbitrator.
Last year, the firm successfully represented the City in an arbitration of an employee termination. The termination was upheld by the arbitrator. An arbitration regarding the discipline of a City employee is scheduled for December.
SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
75 STAFF ANALYSIS
The Outside Counsel Services Agreement with the law firm Jackson Lewis, PC, requires an amendment to increase the maximum above $75,000 to cover anticipated expenditures for arbitration services through December 31, 2023, and any needed legal services through the contract term ending June 30, 2024.
ATTACHMENTS: First Amendment
Resolution
Report Prepared By: Donna Mooney, City Attorney
76 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing City Attorney to Execute First )
Amendment to Outside Counsel Services ) RESOLUTION NO. 23- Agreement With Jackson Lewis PC )
WHEREAS, the City Attorney entered into an Agreement for Outside Counsel Services (“Agreement”) with the law firm Jackson Lewis, PC, in December 2021 to assist with public agency employment legal matters including advice and arbitration; and WHEREAS, the Agreement set forth a maximum compensation of $75,000, which is within the signing authority of the City Attorney pursuant to the Purchasing Policy; and WHEREAS, the City Attorney seeks to amend the Agreement to add $75,000 to the compensation to cover anticipated invoices for legal representation in arbitration proceedings in December 2023 and any needed legal services through the contract term ending June 30, 2024.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Attorney to execute the First Amendment to the Outside Counsel Services Agreement with the law firm Jackson Lewis, PC.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
77 FIRST AMENDMENT TO
OUTSIDE COUNSEL SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND JACKSON LEWIS P.C.
This First Amendment to the Principal Agreement made and entered into on December 1, 2021, hereafter referred to as Agreement, between Jackson Lewis, a California professional corporation, therein referred to as Outside Counsel, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 8th day of November, 2023.
Outside Counsel and City do mutually agree as follows:
1. Compensation. Section 5 of the Agreement is hereby amended to read as follows:
City shall compensate Outside Counsel for the performance of the Services at rates shown on Exhibit A. No attorney other than as named in Exhibit A is authorized to perform work for City. No other compensation for the Services will be allowed. Moreover, not more than One Hundred Fifty Thousand Dollars ($150,000) shall be paid for services and reimbursable costs incurred under this Agreement. Outside Counsel shall not bill City for duplicate services, i.e., services performed by more than one person.
2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Outside Counsel shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this First Amendment for Outside Counsel hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Outside Counsel.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
78 OUTSIDE COUNSEL:
JACKSON LEWIS, a California
professional corporation
By:
Michael Christian, Principal
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Donna Mooney, City Attorney
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
79 EXHIBIT A
Fees
Partners:
Gina Roccanova $395.00 per hour
Principal:
Dominique Windberg $325.00 per hour
Associates:
Kaitlyn Lavaroni $325.00 per hour
Melissa Kelm $295.00 per hour
80 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 First Amendment to the Consulting Services Agreement between the City of Pittsburg and Anchor QEA, LLC
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
The City has a Consultant Agreement (Agreement) with Anchor QEA, LLC (Anchor QEA) for design and permitting services to repair the Riverview Park recreational fishing pier to conditions prior to the August 2022 fire. The project will also require bidding and construction support.
FISCAL IMPACT
If approved, the amendment to the Agreement (Amendment) would increase the Agreement compensation by $56,500, making the new contract amount not to exceed $148,500. This project is approved for reimbursement by the City’s risk pool, MPA, for liability insurance.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute an Amendment to the Agreement with Anchor QEA.
BACKGROUND
In 2022, the City’s Riverview Park recreational fishing pier experienced a fire that damaged the last 10 feet of the timber pier, charring the guardrail, the decking, and part of its timber piles. The City prepared an informal request for proposals and received two responses from interested parties. Anchor QEA’s proposal was qualified and on April 3, 2023 by City Council Resolution 23-14265, the project was awarded to Anchor QEA.
The City engaged its Municipal Pooling Authority, a Joint Powers Authority established in 1978 for the purpose of providing liability insurance to municipal agencies in Northern California and received a confirmation of reimbursement for this design work less a $25,000 deductible.
81 SUBCOMMITTEE FINDINGS
The item was not presented at a subcommittee meeting.
STAFF ANALYSIS
For project continuity, staff recommends expanding the existing Agreement with Anchor QEA to provide bidding and construction support. To date, Anchor QEA has completed project design and submitted a permit application to the US Army Corps of Engineers for the proposed repairs. Permit approval is pending review by the National Marine Fisheries Service. Assuming timely permitting, completion of the project is anticipated for spring 2024.
ATTACHMENTS: Resolution
First Amendment to Consulting Services Agreement Between the City of Pittsburg and Anchor QEA
Report Prepared By: Dhaynae Romero, Administrative Analyst I 82 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute a )
First Amendment to the Consulting Services)
Agreement between the City of Pittsburg ) RESOLUTION NO. 23- And Anchor QEA, LLC )
WHEREAS, in 2022, the City’s Riverview Park recreation fishing pier experienced a fire that damaged the last 10 feet of the timber pier, charring the guardrail, the decking, and part of its timber piles; and
WHEREAS, as trustee of the Trust Lands in the City and as granted per Senate Bill 551, Chapter 422, Statutes of 2011, the City strives to provide public access to its waterfront; and
WHEREAS, restoring the pier to pre-fire condition will facilitate this access and enable public enjoyment of the Pittsburg waterfront; and
WHEREAS, on April 3, 2023, the City executed the agreement (Agreement) with Anchor QEA, LLC for design and permitting to repair the recreational fishing pier to conditions prior to the fire; and
WHEREAS, for project continuity, staff recommends expanding the existing Agreement with Anchor QEA, LLC to provide bidding and construction support.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a First Amendment to the Agreement with Anchor QEA, LLC, increasing the compensation under the Agreement by $56,500, making the new contract amount not to exceed $148,500.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
83 FIRST AMENDMENT TO
CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG AND
ANCHOR QEA, LLC
THIS First Amendment to the Principal Agreement made and entered into on April 3, 2023, hereafter referred to as Agreement, between Anchor QEA, LLC, a Washington limited liability company, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 18 th day of December 2023.
WHEREAS, the parties entered into an Agreement for design and permitting services related to the repair of the Riverview Park recreational fishing pier (the Project) after the August 2022 fire; and
WHEREAS, the City also desires bidding and construction support services for the Project; and
WHEREAS, the parties desire to add services and increase the compensation amount accordingly to implement the Project..
NOW, THEREFORE, Consultant and City do mutually agree as follows:
1. Term of Services. Section 1.1 of the Agreement is hereby amended to read as follows:
The term of this Agreement shall begin on the Effective Date and shall end on June 30, 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.
2. Compensation. Section 2 of the Agreement is hereby amended to read as follows:
City hereby agrees to pay Consultant a sum not to exceed one hundred forty-eight thousand, five hundred dollars ($148,500), as set forth in Exhibit B, attached hereto and incorporated herein for services to be 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.
3. Exhibit A Scope of Services. Exhibit A is hereby amended to add to the contents of Attachment 1 of this First Amendment.
4. Exhibit B Compensation Schedule. Exhibit B is hereby replaced with Attachment 2 of this First Amendment.
84 5. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
6. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.
7. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
8. Counterparts. This First Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
9. Authority. The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.
85 CONSULTANT:
Anchor QEA, LLC, a Washington limited
liability company
By:
Josh Burnam, PhD, Principal Planner
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Garrett Evans, City Manager
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
86 ATTACHMENT 1
EXHIBIT A
SCOPE OF SERVICES
Task 5 – Bidding and Construction Support
Subtask 5.1: Bidding Phase Support
For this subtask, Consultant shall assist the City during the bid advertisement period through contractor and construction award, providing the following services:
Review bid advertisement and any contract document revisions made by the City.
Prepare for, attend, and summarize the pre-bid meeting discussions Provide responses to bidder inquiries and issue one written addenda for bid document clarifications, as required.
Review and discuss with the City the results of bids and evaluation of results, including bidder qualifications.
Subtask 5.2: Construction Phase Support
For this subtask, Consultant shall assist the City during the construction period through Project closeout, providing the following services:
Meetings: Prepare for, attend, and summarize the pre-construction meeting, weekly construction meetings, one punch-list meeting, and one final inspection meeting. As part of the weekly meetings, Consultant shall provide review and recommendations on up to four Change Orders/Proposal Requests (PRs) and/or Field Authorizations (FAs) and two monthly Contractor Progress Payment Requests. This activity will occur during the submission process between the contractor and the City. Contractor as-built markups shall be reviewed during weekly meetings.
Provide responses to RFIs directed to the Consultant Team by the City during the construction period. Consultant shall assign one primary design team member to respond to RFIs who is consistently attending the weekly meetings.
This team member wshall coordinate with subconsultant team members but will prepare the responses.
Review submittals directed to Consultant by the City. Consultant shall assign one primary design team member to respond to submittals who is consistently attending the weekly meetings. This team member shall coordinate with subconsultant team members, as needed.
Maintenance and tracking RFIs and submittal logs. Provide weekly updates of these logs as part of the weekly progress meetings.
Provide record drawings in AutoCAD, based on contractor’s markups. Assume 1 hour of CAD work for each plan sheet, in addition to a quality control review by Consultant.
Document Control: Use Project SharePoint Site to house construction contract documents, weekly meeting notes, and other Project-related data. This 87 SharePoint site shall be established at the onset of the Project and maintained through the Project closure.
Task 5 Deliverables:
Pre-Bid meeting notes in PDF.
Meeting notes for all meetings attended, in PDF format. Written responses to all RFIs reviewed, in MS Word and PDF formats. Written responses for all submittals reviewed, provided as transmittal letters, in MS Word and PDF formats.
Written review comments on pay requests and Change Order Proposals in PDF format.
Submittal and RFI logs, in Excel and PDF formats.
Final record drawings, in AutoCAD format, with electronic media release signed by the City and professional stamps and seals removed from electronic deliverables.
Project Document Control SharePoint Site.
88 ATTACHMENT 2
EXHIBIT B
COMPENSATION SCHEDULE
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 a City Council Resolution to Approving the Revision of the City’s Personnel Rules, Sick Leave, California Family Rights Act and Bereavement Leave
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
Staff recommends the revision of Section 23, Sick Leave, Section 25, Family Medical Leave and 26.14, Bereavement Leave of the Personnel Rules to reflect State legislative changes, effective January 1, 2024.
FISCAL IMPACT
Additional costs to fund the new seasonal employee leave obligations are anticipated to be approximately $10,000 for Fiscal Year 2023/24.
RECOMMENDATION
It is recommended that the City Council adopt a Resolution to approve the revision of the City’s Personnel Rules, Sick Leave, California Family Rights Act and Bereavement Leave.
BACKGROUND
On October 4, 2023, California’s Governor signed Senate Bill (SB) 616, which increases the amount of paid sick leave employers are required to provide to California employees.
Beginning on January 1, 2024, employers must increase the amount of sick leave provided to California employees from three days (24 hours) to five days (40 hours).
Under California’s existing paid sick leave statute, employees who work in California for the same employer for 30 or more days must accrue no less than one hour of paid sick leave per every 30 hours worked. Current law allows employers to use alternative accrual methods (other than the one hour of paid sick leave per every 30 hours worked), so long as employees have three days (24 hours) of available paid sick leave by the employee’s 120th calendar day of employment or each calendar year. Under SB 616, employers may continue to use different accrual methods other than one hour per every 30 worked but must also 90 ensure employees have no less than five days (40 hours) of accrued paid sick leave by the 200th calendar day of employment or each calendar year.
Moreover, SB 616 modifies existing law by stating that an employer may satisfy the accrual requirements of the statute by providing three days (24 hours) of paid sick leave that is available to the employee to use by the 120th calendar day of employment, and no less than five days (40 hours) of paid sick leave by the 200th calendar day of employment.
SB 616 increases the amount of sick leave that an employee may use in each year of employment, calendar year, or 12-month period, from three days (24 hours) to five days (40 hours).
SB 616 also requires that employers increase the accrual and carryover cap to ten days (80 hours). However, no accrual or carryover is required if the employer provides five days (40 hours) of paid sick leave upfront each year of employment, calendar year, or 12-month period.
In 2023, AB 1041 expanded the definition of “family member” under the California Family Rights Act (CFRA) and California’s Healthy Workplaces Healthy Families Act (HWHFA) to include a “designated person.” Under both the amended CFRA and HWHFA, employees are able to identify a designated person for whom they want to use leave when they request unpaid (CFRA) or paid (HWHFA) leave. Further, under both amended laws, employers will be able to limit an employee to one designated person per 12-month period.
Effective January 1, 2023, with the adoption of AB 1949, the California Family Rights Act requires that workers be given five days of unpaid bereavement leave. This is time off of work given to eligible employees after the death of a family member or a loved one.
Employers must permit employees to use any available accrued leave time, including sick leave.
On October 11, 2023, Governor Gavin Newsom signed a bill into law allowing for up to five days of time off work for reproductive-related losses. Senate Bill 848 makes it an unlawful employment practice for an employer to refuse to grant an eligible employee's request to take up to five days of unpaid leave following a reproductive loss event.
Previously, California law required employers to provide bereavement leave upon the death of an employee's family member. Reproductive-related losses, however, largely remained unaddressed. Such losses are a common occurrence with more than 1 in 4 pregnancies resulting in miscarriage, and they may result in post-traumatic stress disorder (with almost 1 in 3 women developing post-traumatic stress disorder after a miscarriage).
SB 848 acts as a subset of California's bereavement leave law and increases an employee's leave entitlements for a reproductive loss event, which is defined as "the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction." Covered employers must provide up to five days of unpaid leave for reproductive loss events.
The law limits the amount of reproductive loss leave to a maximum of 20 days within a 12- month period. Although an employee may be subject to multiple reproductive loss events in a 12-month period, an employer is not required to provide more than 20 days of reproductive loss leave.
91 SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
STAFF ANALYSIS
Staff recommends adopting changes to the Personnel Rules in reference to SB 616, AB 1949 and SB 848.
The Memoranda of Understanding (MOUs) define sick leave accrual for represented employees. SB 616 specifically covers the City’s non-represented, seasonal employees.
Based on the City’s current rules, non-represented employees receive twenty-four (24) hours of sick leave annually and may carry over up to forty-eight (48) hours each year.
Changes to Section 23, of the Personnel Rules, Sick Leave is proposed, as follows:
23 Sick Leave
23.1 General Application
Except as provided under the terms of an employment agreement, memorandum of understanding, or any other action providing for employee sick leave benefits, employees will accrue paid sick leave as provided in this Rule and in accordance with the Healthy Workplace, Healthy Families Act of 2014. All employees who earn sick leave, regardless of whether such leave accrued under this rule or under some other document approved by the City Council, are expected to abide by the usage and notice provisions described in this Rule.
23.2 Accrual of Leave
Unless provided under the terms of an employment agreement, memorandum of understanding, or any other action providing for employee sick leave benefits, employees will receive a sick leave bank allocation of forty (40) hours, effective the first pay period in 2024. Sick Leave accrual banks may carry over each year. Once an employee reaches the accrual cap of eighty (80) hours, the employee will not accrue any further sick leave hours until some paid sick time is used.
23.3 Sick Leave Use
Employees are eligible to begin using accrued sick leave upon accrual. The minimum increment for using sick leave is two (2) hours.
Sick leave may be used for the following reasons:
1. The employee’s own illness, injury or medical condition;
2. Visits to a medical doctor, chiropractor, acupuncturist, dentist, optometrist, optician, psychiatrist or psychologist, medical or clinical laboratory on order of a doctor, or other licensed medical provider for the employee or the employee’s family member;
3. To attend to the illness of the employee’s family member; or
4. To seek medical treatment, counseling, social services or relief when the employee is a victim of domestic violence, sexual assault or stalking. 92 23.4 Family Member Defined
For purposes of this policy, a member means any of the following:
1. The employee’s spouse or registered domestic partner;
2. The employee’s child, including a biological, adopted, or foster child, step child, legal ward, or a child to whom the employee stands in loco parentis;
3. A biological, adoptive, or foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
4. The employee’s grandparents;
5. The employee’s grandchildren; and
6. The employee’s siblings;
7. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. Employees may designate one person per 12- month period for family care and medical leave.
23.5 Sick Leave Notice
An employee requesting to use sick leave should notify their immediate supervisor prior to the beginning of any working shift. The employee should notify his or her supervisor that the employee is unable to report for work and that the employee is requesting to use sick leave.
An employee is to request prior authorization for any absence due to attendance at any medical appointment. For the purpose of this section, “request prior authorization” shall mean that the employee has notified their supervisor as soon as reasonably practicable.
23.6 Sick Leave Upon Termination
The City will not pay employees for unused sick leave upon termination of employment. Unless otherwise provided in an employment agreement, memorandum of understanding, regulation or any other City Council action, employees who are rehired will have any previously unused and accrued sick leave hours reinstated, up to a maximum of eighty (80) hours.
23.7 Sick Leave Verification of Illness
An employee may be required to provide a health care provider’s statement verifying the employee’s absence from work in the following instances:
• When an employee returns to work after three (3) days of absence on sick leave; or
• In the case of frequent use of sick leave; or
• When a pattern of sick leave use has been identified; or • When a supervisor has reason to believe that sick leave is being abused.
23.8 Sick Leave Coordinated with Workers’ Compensation Benefits An employee who is collecting workers’ compensation temporary disability benefits as a result of a City on-the-job illness or injury shall automatically use sick leave, if any, in addition to the provided workers’ compensation benefits so that the employee receives their full salary. If the employee does not have sufficient sick leave available, then other available paid leaves shall be used. 93 AB 1041 expanded the California Family Rights Act and California’s Healthy Workplaces Healthy Families Act to include a “designated person.” Section 25.3.1 (subset item 4) is revised as follows:
25.3.1, Basic FMLA/CFRA Leave Entitlement
4. To care for the employee’s spouse, registered domestic partner, child or parent (but not in-law) with a serious health condition (counts toward FMLA and CFRA leave entitlements; except that time to care for an employee’s registered domestic partner does not count towards FMLA leave, only CFRA leave); CFRA expands leave to care for grandparent, grandchild, sibling and designated person. A “designated person” is any individual related by blood or whose association with the employee is the equivalent of a family relationship.
The designated person may be identified by the employee at the time the employee requests the leave. The City limits an employee to one designated person per 12-month period.
The City currently provides three paid days of paid Bereavement Leave in the event of the death of an immediate family member for regular employees. The City has historically approved additional accrued leave or unpaid time as needed for these events for regular employees. Section 26.14, Bereavement Leave is proposed, as follows:
26.14 Bereavement Leave
Unless provided in a memorandum of understanding, written employment contract or pursuant to a resolution adopted by the City Council, the use of paid or unpaid leave up to five days in the case of the death of an immediate family member including spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half-brothers, half-sisters, fathers-in-law, and mothers-in-law. The leave must be used within six months of the date of death. The City may request certain documentation to be provided within 30 days of that death.
Effective the first pay period, 2024, the City will provide unpaid leave up to five days following a reproductive loss event, which includes the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
If an employee experiences more than one reproductive loss event within a 12-month period, the City will grant employees up to 20 days of reproductive loss within a 12-month period. Employees may utilize accrued leave, including accrued and available paid sick leave.
Upon approval of the recommended changes, the Human Resources Department will proceed with the revisions to the Personnel Rules.
ATTACHMENTS: Draft Personnel Rule Changes
Resolution
Report Prepared By: Jennifer Brizel, Director of Human Resources 94 City of Pittsburg
Personnel Rules
Adopted by the City Council
on July 7, 2003
95 SUMMARY OF AMENDMENTS TO THE PERSONNEL RULES
Resolution Date Section Amended General Description of Amendment 03-9849 07-07-2003 All Personnel Rules are adopted
03-9952 11-17-2003 Rule 6 New Personnel Rule
03-9952 11-17-2003 Rule 21 New Personnel Rule
11-17-2003 Starting at page 49 Renumbering of pages
05-10431 11-21-2005 Rule 22, 24.2, 25, and
38.3 Removing the disciplinary process, modifying
the employee conflicts of interest, reducing
the maximum length of an unpaid leave of
absence, and amending the reasons to verify
sick leave usage
06-10638 09-25-06 Rule 14.7 Appeal of Ratings is amended by providing specific timelines when an employee must
act and describes the minimum elements that
the employee’s performance evaluation
appeal must contain.
06-10638 9-25-06 Rule 25 Striking the words “Without Pay” from the title.
06-10638 9-25-06 Rule 39.4 Adding as City-paid time the military inactive duty training and referencing the federal
Uniformed Services Employment and
reemployment Rights Act.
08-10969 3-3-08 Rule 28 Amending policy and complaint procedure and repaginated the whole document
08-11136 12-15-08 Rule 6 and 7 Amending the Anti-Nepotism Policy and adding Consensual Romantic or Sexual
Relationship Policy
09-11154 02-02-08 Rule 6.5 Amending the Hiring of Relatives of Elected Officials
10-11442 05-27-10 Rule 27 and 28 Amending the Pregnancy Disability Leave and Family Medical Leave policies
N/A 07-27-10 Page formatting Corrected page formatting only. 20-13760 04-06-20 All Amended all sections of the Personnel Rules.
23-XXXXX 12-18-2023 Rule 23, 25 and 26.14 Amended Bereavement Leave, CFRA and Sick Leave
96 i
CITY PITTSBURG
PERSONNEL RULES
TABLE OF CONTENTS
1 General Provisions ..........................................................................................................1
1.1 Purpose .............................................................................................................................1
1.2 Conflicts with Other Policies ..............................................................................................1
1.3 Notice ................................................................................................................................1
1.4 Scope ................................................................................................................................1
1.5 Administration....................................................................................................................2
1.6 Relationship to Other Administrative Procedures..............................................................2
1.7 Severability ........................................................................................................................2
1.8 Interpretation .....................................................................................................................2
1.9 Gender and Number..........................................................................................................2
1.10 Amendments .....................................................................................................................2 2 Definition of Terms ..........................................................................................................3
2.1 Advancement.....................................................................................................................3
2.2 Allocation ...........................................................................................................................3
2.3 Anniversary Date ...............................................................................................................3
2.4 Appointing Authority ..........................................................................................................3
2.5 Appointment ......................................................................................................................3
2.6 City ....................................................................................................................................3
2.7 Class or Classification .......................................................................................................3
2.8 Class Series or Classification Series.................................................................................3
2.9 Class Specifications or Classification Specifications.........................................................3
2.10 Compensation ...................................................................................................................3
2.11 Competitive Service...........................................................................................................4
2.12 Contract Employee ............................................................................................................4
2.13 Day ....................................................................................................................................4
2.14 Demotion ...........................................................................................................................4
2.15 Disciplinary Action .............................................................................................................4
2.16 Dismissal ...........................................................................................................................4
2.17 Domestic Partnership or Registered Domestic Partnership ..............................................4
2.18 Elected Officials.................................................................................................................4
2.19 Eligible ...............................................................................................................................4
2.20 Employee...........................................................................................................................4
2.21 Employment Eligibility List .................................................................................................4
2.21.1 Open Employment List...........................................................................................4
2.21.2 Promotional Employment List ................................................................................4
2.22 Examination.......................................................................................................................5
2.22.1 Open-Competitive Examination .............................................................................5
2.22.2 Promotional Examination.......................................................................................5
2.22.3 Continuous Examination........................................................................................5
2.23 Full-Time Employee...........................................................................................................5
2.24 Human Resources Director ...............................................................................................5
2.25 Layoff.................................................................................................................................5
2.26 Leave of Absence..............................................................................................................5 97 ii
2.27 Limited Term Employee.....................................................................................................5
2.28 Part-Time Employee..........................................................................................................5
2.29 Position..............................................................................................................................6
2.30 Probationary Employee .....................................................................................................6
2.31 Probationary Period...........................................................................................................6
2.32 Promotion ..........................................................................................................................6
2.33 Provisional Appointment....................................................................................................6
2.34 Reclassification..................................................................................................................6
2.35 Reemployment ..................................................................................................................6
2.36 Regular Employee .............................................................................................................6
2.37 Reinstatement ...................................................................................................................7
2.38 Salary Range.....................................................................................................................7
2.39 Seniority.............................................................................................................................7
2.40 Separation .........................................................................................................................7
2.41 Supervisor .........................................................................................................................7
2.42 Suspension........................................................................................................................7
2.43 Transfer .............................................................................................................................7
2.44 Vacancy.............................................................................................................................7
2.45 Week .................................................................................................................................7 3 Classification Plan .............................................................................................................8
3.1 Purpose .............................................................................................................................8
3.2 Preparation of Plan............................................................................................................8
3.3 Approval, Amendment and Revision of Plan .....................................................................8
3.4 Allocation of Positions .......................................................................................................8
3.5 Reclassification..................................................................................................................8
3.6 Interpretation of Class Specification ..................................................................................9 4 Recruitment .....................................................................................................................10
4.1 Applications and Applicants.............................................................................................10
4.2 Application Forms............................................................................................................10
4.3 Disqualification ................................................................................................................10
4.4 Selection Process............................................................................................................11
4.5 Promotional Examinations...............................................................................................11
4.6 Conduct of Examinations.................................................................................................11
4.7 Notification of Examination Results and Review of Papers.............................................11 5 Anti-Nepotism Policy .......................................................................................................12
5.1 Policy ...............................................................................................................................12
5.2 Definitions........................................................................................................................12
5.3 Employees Who Are Spouses or Registered Domestic Partners....................................12
5.4 Employees Who Are Immediate Family Members ..........................................................13
5.5 Policy Exceptions ............................................................................................................13
5.6 Appeals............................................................................................................................13
5.7 Immediate Family Members of Elected Officials .............................................................13 6 Anti-Fraternization Policy.................................................................................................15
6.1 Purpose ...........................................................................................................................15
6.2 Policy ...............................................................................................................................15
6.3 Reporting Requirements..................................................................................................15
6.4 City Response .................................................................................................................15 98 iii
6.5 Appeal .............................................................................................................................16 7 Veterans' Perference .......................................................................................................17
7.1 Policy Statement..............................................................................................................17
7.2 Definition of Veteran ........................................................................................................17
7.3 Preference Provisions .....................................................................................................17
7.4 Notice of Veterans' Status and Request for Preference..................................................17
7.5 Currently in the Military Service.......................................................................................17
7.6 Those Not Eligible for Veterans' Preference....................................................................17 8 Employment Eligibility Lists .........................................................................................19
8.1 Employment Lists ............................................................................................................19
8.2 Duration of Lists...............................................................................................................19
8.3 Consideration of Applicants.............................................................................................19
8.4 Background Investigations ..............................................................................................19
8.5 Precedence .....................................................................................................................19
8.6 Removal of Names From List ..........................................................................................19
8.7 No Guarantee of Employment .........................................................................................20 9 Medical Standards...........................................................................................................21
9.1 Post-Offer, Pre-employment Examinations .....................................................................21
9.2 Fitness for Duty Examinations.........................................................................................21
9.3 After Absence ..................................................................................................................21
9.4 After Classification Change .............................................................................................21 10 Appointment ....................................................................................................................22
10.1 Appointing Authority ........................................................................................................22
10.2 Notice to Human Resources Director ..............................................................................22
10.3 At-Will Appointment .........................................................................................................22
10.4 Types of Appointment......................................................................................................22
10.4.1 Regular Position Appointment .............................................................................22
10.4.2 Temporary Position Appointment ........................................................................22
10.4.3 Limited Term Appointment...................................................................................22
10.4.4 Provisional Position Appointment ........................................................................23
10.5 Emergency Appointment .................................................................................................23 11 Compensation .................................................................................................................24
11.1 Salary Plan ......................................................................................................................24
11.2 Advancement through the Pay Plan ................................................................................24
11.3 Salary Payment ...............................................................................................................24
11.4 Salary Upon Initial Appointment ......................................................................................24
11.5 Salary Upon Promotion ...................................................................................................24
11.6 Salary Upon Transfer ......................................................................................................24
11.7 Salary Upon Demotion ....................................................................................................25
11.8 Salary Upon Reclassification...........................................................................................25
11.9 Salary Upon Reinstatement.............................................................................................25
11.10 Salary Upon Reemployment............................................................................................25
11.11 Timing of Salary Adjustments..........................................................................................25 12 Probationary Period.........................................................................................................26 99 iv
12.1 Objective of the Probationary Period...............................................................................26
12.2 Probationary Period.........................................................................................................26
12.3 Rejection of Probationer ..................................................................................................26
12.4 Promotional Probationary Period.....................................................................................26 13 Performance Evaluation ..................................................................................................27
13.1 Policy and Purposes........................................................................................................27
13.2 Timing of Evaluations ......................................................................................................27
13.3 Evaulation Procedures ....................................................................................................27
13.4 Less than Meets Minimum Requirements Ratings ..........................................................28
13.5 Late Performance Evaluations ........................................................................................28
13.6 Consideration for Promotion............................................................................................28
13.7 No Appeal........................................................................................................................28 14 Resignations and Job Abandonment...............................................................................30
14.1 Notification.......................................................................................................................30
14.2 Failure to Notify ...............................................................................................................30
14.3 Failure to Report to Work (Job Abandonment)................................................................30
14.4 Use of Accrued Leaves ...................................................................................................30 15 Layoff...............................................................................................................................31
15.1 Layoff Policy ....................................................................................................................31
15.2 Notification.......................................................................................................................31
15.3 Order of Layoff.................................................................................................................31
15.4 Employee Options ...........................................................................................................31
15.5 Reinstatement List...........................................................................................................32
15.6 Reinstatement .................................................................................................................32
15.7 Layoff of At-Will Employees.............................................................................................33 16 Transfer ...........................................................................................................................34 17 Reemployment ................................................................................................................35 18 Medical Separations ........................................................................................................36
18.1 Medical Separation..........................................................................................................36
18.2 Right to Use Accrued Leaves ..........................................................................................36
18.3 Rehire of Employee Retired or Separated for Disability ..................................................36 19 CalPERS Disability Retirement Applications by Safety Members ...................................37
19.1 Application .......................................................................................................................37
19.2 Initial Determination.........................................................................................................37
19.3 Appealing an Intitial Determination..................................................................................37
19.4 Hearing ............................................................................................................................37 20 Disciplinary Action ...........................................................................................................39
20.1 Disciplinary Action ...........................................................................................................39
20.2 Types of Disciplinary Action ............................................................................................39
20.3 Notice of Proposed Disciplinary Action............................................................................39
20.4 Final Notice of Discipline .................................................................................................40
20.5 Appeal .............................................................................................................................40
20.6 Causes for Disciplinary Action.........................................................................................40 100
v
20.7 Public Safety Officers Procedural Bill of Rights...............................................................42 21 Grievances ......................................................................................................................43
21.1 Grievance Definition ........................................................................................................43
21.2 Grievance Procedure.......................................................................................................43
21.3 General Conditions of Grievances...................................................................................45 22 Employee Ethical Standards ...........................................................................................46
22.1 General Policy .................................................................................................................46
22.2 Employee Expectations ...................................................................................................46
22.3 Gifts of Behalf of the City.................................................................................................47
22.4 Use of Public Property.....................................................................................................47
22.5 Political Activities .............................................................................................................47
22.6 Outside Employment .......................................................................................................47
22.6.1 Incompatible Outside Employment Prohibited.....................................................47
22.6.2 Reporting Outside Employment...........................................................................48
22.6.3 General Terms.....................................................................................................49
22.7 Procedures ......................................................................................................................49
22.7.1 Interpretation........................................................................................................49
22.7.2 Investigation.........................................................................................................49 23 Sick Leave .......................................................................................................................51
23.1 General Application .........................................................................................................51
23.2 Accural of Leave..............................................................................................................51
23.3 Sick Leave Use................................................................................................................51
23.4 Family Member Defined ..................................................................................................51
23.5 Sick Leave Notice............................................................................................................52
23.6 Sick Leave Upon Termination .........................................................................................52
23.7 Sick Leave Verfication of Illness......................................................................................52
23.8 Sick Leave Coordinated with Worker's Compensation Benefits......................................52 24 Pregnancy Disability Leave .............................................................................................53
24.1 General............................................................................................................................53
24.2 Duration of Leave ............................................................................................................53
24.3 Requirements Regarding the Use of Paid Leave ............................................................53
24.4 Continuation of Health Insurance Benefits ......................................................................54
24.5 Notification Requirements ...............................................................................................54
24.6 Certification by Health Care Provider ..............................................................................54
24.7 Return to Work ................................................................................................................55 25 Family Medical Leave......................................................................................................56
25.1 Policy Statement..............................................................................................................56
25.2 Employee Eligibility..........................................................................................................56
25.3 Employee Entitlements for FMLA/CFRA Leave ..............................................................56
25.3.1 Basic FMLA/CFRA Leave Entitlement.................................................................56
25.3.2 Additional Military Family Leave Entitlement .......................................................58
25.3.3 Intermittent Leave and Reduced Leave Schedules .............................................59
25.4 Maintenance of Benefits ..................................................................................................59
25.5 Job Restoration ...............................................................................................................60
25.6 Notice of Eligibility for and Designation of FMLA/CFRA Leave .......................................60
25.7 Employee Obiligations.....................................................................................................60 101
vi
25.7.1 Notice Obligations................................................................................................60
25.7.2 Cooperating in the Scheduling of Leave..............................................................61
25.7.3 Submit Medical Certifications Supporting Need for Leave ..................................61
25.7.3.1 Initial Medical Certifications ...................................................................62
25.7.3.2 Procedure for Requesting Leave ...........................................................62
25.7.3.3 Return to Work/Fitness for Duty Medical Certifications .........................62
25.7.4 Submit Certifications Supporting Need for Military Family Leave........................63
25.7.5 Reporting Changes to Anticipated Return to Work..............................................63
25.7.6 Substitute Paid Leave for and Unpaid FMLA/CFRA Leave .................................63 26 Other Leaves ...................................................................................................................65
26.1 Unpaid Personal Leave ...................................................................................................65
26.1.1 Requests for Leave..............................................................................................65
26.1.2 Reasons for Leave...............................................................................................65
26.1.3 Authorized Leaves of Absence ............................................................................65
26.1.4 Benefits While on Leave ......................................................................................65
26.1.5 Return from Authorized Leaves of Absence ........................................................66
26.2 Jury Duty and Court Appearances ..................................................................................66
26.2.1 Jury Duty ..............................................................................................................66
26.2.2 Subpoenas...........................................................................................................66
26.2.3 Exception for Employee-Initiated or Non-City Related Matters ...........................66
26.3 Unpaid Leave for School Visits........................................................................................67
26.3.1 School Activity Leave ...........................................................................................67
26.3.2 Required School Attendance ...............................................................................67
26.4 Military Leave ..................................................................................................................67
26.4.1 Policy 67
26.4.2 Notification Requirements....................................................................................68
26.4.3 Temporary Military Leave .....................................................................................68
26.4.4 Extended Military Leave ......................................................................................68
26.4.5 Transition Period to Return to City Service ..........................................................68
26.4.6 Pay While on Military Leave .................................................................................69
26.5 Time Off for Volunteer Firefighters, Reserve Peace Officer or Emergency Rescue Personnel ........................................................................................................................69
26.6 Time Off for Voting ..........................................................................................................69
26.7 Lactation Leave ...............................................................................................................69
26.8 Workers' Compensation Leave........................................................................................70
26.9 Leave for Victims of Violent Crimes or Domestic Violence..............................................70
26.10 Return from Leave...........................................................................................................70
26.11 Failure to Return from Leave...........................................................................................70
26.12 Holidays...........................................................................................................................70
26.13 Vacation Leave................................................................................................................71
26.14 Bereavenent Leave…………………………………………………………………………….71 27 Equal Employment Opportunity.......................................................................................72 28 Reasonable Accommodations.........................................................................................73
28.1 Accommodation of Individuals with Disabilities ...............................................................73
28.2 Accommodation of Religious Beliefs and Practices ........................................................73 29 Prohibition Against Harassment, Discrimination, and Retaliation....................................74
29.1 Policy Statement..............................................................................................................74
29.2 Rule Coverage.................................................................................................................74 102
vii
29.3 Definitions........................................................................................................................74
29.3.1 Protected Characteristic .......................................................................................74
29.3.2 Discrimination .......................................................................................................74
29.3.3 Harassment ..........................................................................................................74
29.3.4 Sexual Harassment ..............................................................................................75
29.3.5 Retaliation.............................................................................................................75
29.4 Reporting Procedures......................................................................................................76
29.5 Dissemination of Policy ...................................................................................................77 30 Workplace Violence Policy ..............................................................................................78
30.1 Policy Statement..............................................................................................................78
30.2 Definitions........................................................................................................................78
30.2.1 Assault..................................................................................................................78
30.2.2 Bullying .................................................................................................................78
30.2.3 Intimidating Behavior ............................................................................................78
30.2.4 Prohibited Weapon ...............................................................................................78
30.2.5 Threat ...................................................................................................................79
30.2.6 Violence................................................................................................................79
30.2.7 Workplace.............................................................................................................79
30.3 Prohibited Behavior .........................................................................................................79
30.4 Procedures for Responding to Acts of Workplace Violence ............................................80
30.4.1 Immediate Steps...................................................................................................80
30.4.2 Investigation .........................................................................................................80
30.4.3 Corrective Action and Discipline...........................................................................80
30.5 Protective and Restraining Orders ..................................................................................81
30.6 Searches .........................................................................................................................81
30.7 Responsibilities................................................................................................................81
30.7.1 Individual Employees, Contractors and Volunteers..............................................81
30.7.2 Elected and Appointed Officials, Department Heads, Managers and Supervisor 82
30.8 Record Keeping...............................................................................................................82 31 Alcohol and Drug-Free Workplace ..................................................................................83
31.1 Policy Statement..............................................................................................................83
31.2 Prohibited Substances.....................................................................................................83
31.2.1 Alcohol ................................................................................................................83
31.2.2 Drugs or Controlled Substances.........................................................................83
31.2.3 Prescription Drugs ..............................................................................................83
31.3 Prohibited Conduct...........................................................................................................84
31.4 Conviction of a Drug Statute............................................................................................85
31.5 Pre-Employment Testing .................................................................................................86
31.6 Reasonable Suspicion Testing ........................................................................................86
31.7 Post-Accident Testing......................................................................................................87
31.8 Department of Transportation Testing for Safety Sensitive Positions .............................89
31.9 Employee Assistance ......................................................................................................89
31.10 Violations of this Rule ......................................................................................................90
31.11 Confidentiality ..................................................................................................................90
31.12 Alcohol and Drug-Free Awareness..................................................................................90 32 Smoking...........................................................................................................................91 33 Use of City Vehicles or Driving While on City Business ..................................................92 103
viii
33.1 Use of City Vehicles ........................................................................................................92
33.2 Use of Personal Vehicles ................................................................................................92
33.3 Driver's License ...............................................................................................................92
33.4 Special Licenses..............................................................................................................93
33.5 Long-Term Assignments .................................................................................................93
33.6 Vehicle Safety..................................................................................................................93
33.7 Citations...........................................................................................................................94
33.8 Smoking in Vehicles ........................................................................................................94 34 Safety ..............................................................................................................................95
34.1 General Statement ..........................................................................................................95
34.2 Employee Responsbilities ...............................................................................................95
34.3 Incident Reporting ...........................................................................................................95 35 Electronic Media ..............................................................................................................96
35.1 Purpose ...........................................................................................................................96
35.2 Policy ...............................................................................................................................96
35.3 City's Right to Access Information ...................................................................................96
35.4 Radio Waves ...................................................................................................................97
35.5 Voice Mail ........................................................................................................................97
35.6 Email................................................................................................................................97
35.7 Internet/World Wide Web Access....................................................................................98
35.8 Computers, Computer Software, Laptops, Tablets and Computer Files .........................98
35.9 Virus Scanning ................................................................................................................98
35.10 Prohibited Uses of the City's Electronic Media ................................................................98
35.11 Violations of Policy ..........................................................................................................99 36 Public Employees as Disaster Service Workers............................................................100 37 Mandated Reporting ......................................................................................................101
37.1 Purpose .........................................................................................................................101
37.2 Mandated Reporter Designation....................................................................................101
37.2.1 “Mandated Reporter” for purposes of reporting child abuse or neglect generally includes all City employees who have direct contact or supervisory control over children and children programs .........................................................................101
37.2.2 “Mandated Reporter” for purposes of reporting elder or dependent adult abuse or neglect includes any licensed City employee who provides care or services for elder or dependent adults, including administrators and supervisors of said programs............................................................................................................101
37.3 Acknowledgement of Position and Training ..................................................................102 38 Standard Hours of Work and Overtime .........................................................................103
38.1 Work Week or Work Period Defined..............................................................................103
38.2 Work Schedule ..............................................................................................................103
38.3 Changes in Working Schedules ....................................................................................103
38.4 Overtime Policy .............................................................................................................103
38.5 Overtime Defined...........................................................................................................104
38.6 Compensatory Time Off ................................................................................................104
38.7 Time Sheets ..................................................................................................................105 39 Reports and Records.....................................................................................................106 104
ix
39.1 Objectives of Adequate Records and Reports Maintenance.........................................106
39.2 Personnel Records ........................................................................................................106
39.3 Medical Records............................................................................................................106
39.4 Recruitment Records.....................................................................................................107
39.5 Payroll Records .............................................................................................................107
39.6 Change of Status Report ...............................................................................................107
39.7 Change of Employee Status or Information...................................................................107
39.8 Department Records .....................................................................................................107
39.9 Destruction of Records ..................................................................................................108 105
x
106
1 1 General Provisions
1.1 Purpose
The purpose of these Personnel Rules is to establish a system of personnel administration in order to provide for effective personnel management practices; to promote fairness and equality in the recruitment, appointment, retention, promotion, and termination of employees on the basis of merit and fitness; and in order to provide the public with the highest quality of public service.
1.2 Conflicts with Other Policies
These Personnel Rules will not create any additional or parallel rights which already exist in a Memorandum of Understanding and in no event will be considered to create an additional or supplemental appeal right from a personnel decision.
Whenever these Personnel Rules contain a provision relating to a subject matter that is also referred to in a Memorandum of Understanding, then the provisions of said Memorandum of Understanding shall prevail.
Whenever there is a conflict between Personnel Rules and the City of Pittsburg Municipal Code, then the Municipal Code shall prevail.
This Priority Chart is for Informational Purposes Only.
Priorities Listed from Highest to Lowest
1. MOU or Employment Contract
2. Municipal Code
3. Personnel Rules
4. City Manager’s Adopted Administrative Policies
5. Department Policies and Procedures
1.3 Notice
These Personnel Rules, any changes thereto, and any department directives or regulations related to these rules, regulations, policies and procedures shall be made available to all City employees. The most current version of these Personnel Rules shall be on the City’s website.
1.4 Scope
Except where otherwise indicated, these Personnel Rules shall apply to all offices, positions and employees of the City of Pittsburg except:
1. Elected officials and members of appointive boards, commissions, and committees; and
2. Independent contractors engaged under a contract (through accounts payable) to supply expert, professional, technical or any other services. 107
2 1.5 Administration
The City Manager shall administer the City’s personnel system and may delegate any of the powers and duties to the Human Resources Director or may delegate the appointing authority granted by the City Council to any other officer or employee of the City.
1.6 Relationship to Other Administrative Procedures
The City Manager and Department Heads may develop and implement operating procedures; provided, however, that these Personnel Rules shall prevail.
1.7 Severability
If any provision in these Personnel Rules is held invalid, then the remainder of these rules, regulations, policies and procedures and their application shall not be affected.
1.8 Interpretation
The City Manager and the Human Resources Director are responsible for the interpretation of these Personnel Rules.
1.9 Gender and Number
The masculine pronoun, whenever used herein, shall include the female pronoun and the singular shall include the plural, except where the content requires otherwise.
1.10 Amendments
The City Manager or their designee is authorized to amend these rules, subject to the approval of the City Council.
108
3 2 Definition of Terms
2.1 Advancement
A salary increase within the limits of a pay range established for a class.
2.2 Allocation
The assignment of an individual position to an appropriate class on the basis of the type, difficulty and responsibilities of the work assigned. As used in these Personnel Rules, employees are appointed to positions; positions are allocated to classes.
2.3 Anniversary Date
The month and day of an employee’s appointment to a position.
2.4 Appointing Authority
The City Manager, or by delegation, their designee(s). The City Council is the appointing authority for the City Attorney and the City Manager.
2.5 Appointment
The employment of a person by the City in a position. The types of appointments are detailed in these rules.
2.6 City
The City of Pittsburg; to also include the Pittsburg Redevelopment Agency, Pittsburg Housing Authority, Pittsburg Power Company, and any other governing body in which the City Council of the City of Pittsburg serves as the majority membership of the governing board, unless specifically excluded in these rules.
2.7 Class or Classification
A position or group of positions that are sufficiently similar in duties, responsibilities, authority, and qualifications to warrant combining them under a single title.
2.8 Class Series or Classification Series
The placement of two (2) or more classifications within a group where the classifications within the series perform similar types of job duties and are primarily distinguished by the level of responsibility and the complexity of the assigned duties.
2.9 Class Specifications or Classification Specifications A written description of a class of work, including an appropriate class title, a description of the level of the work assigned, and a description of the desirable knowledge, skill and ability standards for positions assigned to the class.
2.10 Compensation
Salary and other direct pay including all employee benefits. 109
4 2.11 Competitive Service
All positions of employment in the service of the City except those positions that are excluded under Municipal Code 2.52.040.
2.12 Contract Employee
An employee who is exempt from the Competitive Service and is employed pursuant to an individual agreement approved by the City Council or designee.
2.13 Day
Means calendar day unless otherwise stated.
2.14 Demotion
The movement of an employee from one position to a position in another class having a lower maximum base rate or pay.
2.15 Disciplinary Action
Disciplinary action may include a written reprimand, suspension, demotion, reduction in pay, or a dismissal of an employee.
2.16 Dismissal
The involuntary separation of an employee.
2.17 Domestic Partnership or Registered Domestic Partnership Domestic partner or registered domestic partner as defined in California Family Code section 297.
2.18 Elected Officials
The elected City Clerk, elected City Treasurer, and the elected City Council Members.
2.19 Eligible
A person whose name is on a City employment list.
2.20 Employee
A person legally employed by the City in a position.
2.21 Employment Eligibility List
A list of qualified candidates for potential appointment to a position within a class.
2.21.1 Open Employment List
A list of names of persons who have taken an open-competitive examination for a class in the Competitive Service and have been determined to be qualified.
2.21.2 Promotional Employment List
A list of names of persons who have taken a promotional examination for a class in the Competitive Service and have been determined to be qualified. 110
5 2.22 Examination
The process of recruitment for employment, including the testing, selection and evaluation processes used to measure the relative fitness of persons applying for a position with the City.
2.22.1 Open-Competitive Examination
A recruitment for a particular class which is open to all persons meeting the qualifications for the class.
2.22.2 Promotional Examination
A recruitment for a particular class which is open only to existing regular employees meeting the qualifications for the class.
2.22.3 Continuous Examination
An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one year.
2.23 Full-Time Employee
An employee who works at least forty (40) hours per work week. For purposes of health care enrollment eligibility under the Patient Protection and Affordable Care Act (2010), the Internal Revenue Service guidance defines full-time as an average of thirty (30) hours per week.
2.24 Human Resources Director
A management position assigned by the City Manager to manage the day-to-day operations of these Personnel Rules and other duties as specified in the class description.
2.25 Layoff
Indefinite termination of service without fault on the part of the employee because of lack of work, lack of funds, or other causes unrelated to the employee’s job performance.
2.26 Leave of Absence
Authorized absence, with or without pay, by an employee from work.
2.27 Limited Term Employee
A person who is employed to perform a specific assignment or position for a limited period of time. Limited term employees shall be considered exempt from the Competitive Service. Limited term employees may also be referred to as “seasonal employees.”
2.28 Part-Time Employee
An employee who works less than full-time.
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6 2.29 Position
A group of duties and responsibilities assigned or delegated by competent authority and requiring employment of one person on either a part-time or full-time basis. A position may be occupied or vacant.
2.30 Probationary Employee
An employee, in a regular position within the Competitive Service, who is completing a probationary period as defined within these Personnel Rules.
2.31 Probationary Period
A working test period to be considered an integral part of the examination, recruiting, testing and selection process during which an employee is required to demonstrate fitness for the position to which the employee is appointed by actual performance of the duties of the position.
2.32 Promotion
The movement of an employee from a position in one class to an existing vacant position in another class having a higher maximum rate of pay. Movement within a class series is not considered to be a promotion.
2.33 Provisional Appointment
The appointment of a person who possesses the minimum qualifications established for a particular class and who has been temporarily appointed to a position in that class in the absence of available eligibles. Compensation reported to CalPERS for the temporary appointment shall comply with applicable retirement laws, rules, and regulations.
2.34 Reclassification
The reassignment of a position by raising it to a higher class, reducing it to a lower class, or by moving it to another class at the same level as measured by a change in the kind, difficulty, and responsibility of the work performed. Movement within a class series is considered to be a reclassification.
2.35 Reemployment
The reappointment, without examination, of a former employee who had permanent status and who resigned in good standing to the last class the employee previously held.
2.36 Regular Employee
An employee who is employed in a full-time or part-time position of indefinite term, who has completed the probationary period as required in these Personnel Rules. 112
7 2.37 Reinstatement
The reappointment, without examination, of a former employee who has previously been laid off, or demoted in lieu of being laid off, and whose name appears on a reinstatement list.
2.38 Salary Range
The minimum, maximum, and intermediate salary steps that are assigned to a class and the positions within a class.
2.39 Seniority
The total consecutive length of service of an employee with the City of Pittsburg in probationary and regular status adjusted for any periods during which the employee was on unpaid status as provided by these Personnel Rules.
2.40 Separation
Any termination of employment, including death, discharge, lay-off, resignation, retirement, or work completion.
2.41 Supervisor
An employee with the responsibility for organizing, directing, and evaluating the work of other employees.
2.42 Suspension
The temporary loss of pay and loss of work, for a limited period of time, of an employee for disciplinary purposes.
2.43 Transfer
Either: (1) the movement of an employee from one position to another position in the same class, but to another department; or (2) the movement of an employee from one position to a position in another class with the same salary range and with the same minimum qualifications.
2.44 Vacancy
An authorized position that is not occupied.
2.45 Week
A period of seven (7) consecutive calendar days.
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8 3 Classification Plan
3.1 Purpose
The purpose of the classification plan is to provide a complete inventory of all classes, to provide accurate class specifications, and to ensure that each position is allocated to the appropriate class.
3.2 Preparation of Plan
The Human Resources Director, or a person or agency employed for this purpose, shall ascertain and record the duties and responsibilities of all positions in the City and shall recommend to the City Manager or designee a classification plan for such positions. The classification plan shall consist of classes of positions defined by class specifications, including the title. The classification plan shall be developed and maintained so that all positions which are substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class, and that the same salary range may be made to apply to all positions in the same class.
3.3 Approval, Amendment and Revision of Plan
Any proposed amendment or revision to the classification plan shall be initiated by or submitted to the Human Resources Director who shall provide a recommendation to the City Manager or designee. The classification plan shall be approved, and may be amended from time to time, by the City Manager or designee after notification to any recognized employee organization that will be affected by a proposed amendment.
3.4 Allocation of Positions
Following the approval of the classification plan, the City Manager or designee shall allocate every position to one of the classes established by the classification plan.
3.5 Reclassification
Positions, the assigned duties of which have been materially changed by the City so as to necessitate reclassification, whether new or already created, shall be allocated by the City Manager to a more appropriate class, except that if the reclassification requires the expenditure of funds which exceeds the amount authorized by the City Council, the reclassification shall not take place until additional funding is approved by the Council.
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9 3.6 Interpretation of Class Specification
The following principles shall be applied when interpreting specifications for the various classes of positions:
a. The specifications are descriptive only and are not restrictive. They are intended to indicate the kinds of positions that should be allocated to the respective classes as determined by their duties, responsibilities and qualification requirements. Use of a particular expression or illustration shall not be held to exclude others not mentioned if such others are similar in kind or quality.
b. In determining the class to which any position should be allocated, the specification shall be considered as a whole. Consideration is to be given to the general duties, the specific tasks, the responsibilities, the minimum qualifications and the relationships to other classes in order to obtain an inclusive picture of the kinds of positions that the class is intended to include. c. The duties statement shall be construed as a general description of a kind of work usually performed by the incumbent of a position that is properly allocated to the class, and not as prescribing what the duties of any position shall be, nor as limiting the expressed or implied power of the authority now or hereafter vested with the right to prescribe or alter the duties of any position. d. The typical tasks shall be construed as examples only, illustrative of the duties as outlined by the general statement. These examples are not intended to be complete or exclusive and the fact that the actual task performed by the incumbent of a position does not appear therein shall not be taken to mean that the position is necessarily excluded from the class, provided that the tasks constituting the main work or employment are duly covered by the general statement of duties. On the other hand, any one example of a typical task without relation to the general statement of duties and all other parts of the specifications shall not be construed as determining whether a position should be allocated to the class.
e. The statement of minimum qualifications constitutes a part of the description of the kind of employment included within the class, and expresses the minimum and any additional desirable qualifications expected of an appointee. Such personal character qualifications as honesty, sobriety, and industry are deemed to be included in the statement of minimum qualifications and need not be specifically mentioned.
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10 4 Recruitment
4.1 Applications and Applicants
All examinations for classes shall be publicized by such methods as the Human Resources Director deems appropriate. Job announcements shall specify the title and pay of the class for which the examination is announced, the nature of the work performed, required training and experience, the manner of making application, and other pertinent information.
4.2 Application Forms
The application form may require such information as deemed necessary by the Human Resources Director and consistent with applicable state and federal laws.
4.3 Disqualification
The Human Resources Director or designee may reject any application that is incomplete, was not submitted by the specified filing date, and/or which indicates on its face that the applicant does not possess the qualifications for the position.
Applications also may be rejected if the person:
(1) Has made a false statement in the application;
(2) Has been discharged from employment for reasons which indicate unfitness for performing the duties and responsibilities of the class or position; (3) Has directly or indirectly obtained information regarding examinations to which the applicant was not entitled or has otherwise defrauded the examination process;
(4) Has used or attempted to use political pressure or bribery to secure an advantage in the examination or appointment;
(5) Does not satisfactorily complete any element of the selection process; (6) Is unable to perform the essential functions of the class or position, with or without reasonable accommodation if disabled; or
(7) For any material cause which in the judgment of the Human Resources Director or designee would render the applicant unsuitable for the position, including but not limited to a prior resignation from the City, termination from the City, or prior disciplinary action.
When an application is rejected, the applicant may be notified of the rejection. At the discretion of the Human Resources Director, an applicant may be asked to correct an application that is missing required information; provided, however, that all filing deadlines are met by the applicant.
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11 4.4 Selection Process
The selection techniques used in the examination process shall be impartial and relate to those subjects which, in the opinion of the Human Resources Director, measure the relative capabilities of the persons examined to execute the duties and responsibilities of the class to which they seek appointment. Examinations shall consist of selection techniques which will test the qualifications of candidates such as, but not necessarily limited to, achievement and aptitude tests, review of work history and/or education, written tests, personal interviews, performance tests, physical ability tests, skill tests, evaluation of daily work performance, work samples, medical tests, psychological tests, successful completion of prescribed training, or any combination of these or other tests. Applicants meeting the minimum qualifications are not guaranteed advancement through any portion or phase of the selection process. Examinations shall be designed to provide equal opportunity to all candidates by being based on an analysis of the essential requirements of the class and covering only factors related to such requirements.
4.5 Promotional Examinations
Promotional examinations may be conducted whenever, in the opinion of the City Manager or designee, the needs of the service require. Promotional examinations may include any of the selection techniques described in Section 4.4, or any combination of them.
4.6 Conduct of Examinations
The City may contract with any competent agency or individual for the preparing and/or administering of examinations. In the absence of such a contract, the Human Resources Director or designee shall see that such duties are performed.
The Human Resources Director shall arrange for the use of public buildings and equipment for the conduct of examinations.
4.7 Notification of Examination Results and Review of Papers Each candidate in an examination shall be given notice of their results, and if successful, notice of their placement on the employment list.
A candidate shall have the right to inspect their test answers for any written examination within five (5) working days after the notification of examination results. However, the rating given by any oral board member shall not be disclosed.
Any error in computation, if called to the attention of the Human Resources Director within five (5) working days after notification of examination results, shall be corrected. Such corrections shall not, however, require invalidation of appointments previously made.
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12 5 Anti-Nepotism Policy
5.1 Policy
It is City policy not to discriminate in its employment or personnel actions with respect to its employees and applicants on the basis of marital or registered domestic partner status. Notwithstanding this policy, the City reserves the right to reasonably regulate, for reasons of supervision, safety, security or morale, the assignment of spouses and registered domestic partners within the same department, division, facility or unit. The City further reserves the right to decline to hire or promote the immediate family member of any employee based on the identification of a potential conflict of interest. Promotional advancement shall require the written approval of the Department Head, Human Resources Director, and City Manager if the promotion places one spouse, registered domestic partner, or immediate family member under the direct supervision or within the direct “chain of command” of another.
5.2 Definitions
For purposes of this policy, the following definitions shall apply:
a. Spouse is as defined in California Civil Code 4100.
a. Marital status is defined as an individual’s state of marriage, divorce or dissolution, separation, or annulment.
b. Immediate family member means an individual’s parent, grandparent, child, grandchild, or sibling. The term “immediate family member” also includes an individual who falls within one of these categories by marriage, a previous marriage, adoption or registered domestic partnership.
c. Registered domestic partner is as defined in California Family Code 297.
5.3 Employees Who Are Spouses or Registered Domestic Partners The City will investigate to determine if there are any reasonable modifications or changes in procedure that can be made to minimize operational concerns regarding supervision, safety, security or morale whenever the employment status of two employees results in either:
(1) One spouse or registered domestic partner directly supervising another; or (2) Two spouses or registered domestic partners working within the same department or division.
In the event that no reasonable modifications or changes in procedure are available, or that any modifications or changes would affect safety, security, supervision or morale, the City reserves the right to transfer or reassign one of the employees. While the wishes of the involved parties will be considered, the controlling factor in determining which relative shall be transferred shall be the positive operation, efficiency, and needs of the City. There is no guarantee that 118
13 the new position will be within the same classification or at the same salary level.
If an employee does not accept a transfer or reassignment, or in situations where no transfer or reassignment is available, the City may request the voluntary resignation of one of the employees and if one of the employees does not voluntarily resign, the City will retain one employee and terminate the other.
Factors the City might use in evaluating which employee to retain include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.
5.4 Employees Who Are Immediate Family Members
The City may attempt to make reasonable modification or changes in procedure when the relationship between two or more employees is that of immediate family members and not that of spouses or registered domestic partners. In addition, the City may attempt to transfer or reassign immediate family members to a suitable position within the City. Factors the City might use in evaluating which employee to retain in the current position and reassign the other can include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.
5.5 Policy Exceptions
Spouses or registered domestic partners, or immediate family members of employees may continue to work in the same department subject to approval by the Department Head, the Human Resources Director, and the City Manager or designee.
5.6 Appeals
Any permanent employee who was employed in a position within the competitive service who is separated from City service under this Personnel Rule may utilize the disciplinary appeal procedure as identified under the applicable collective bargaining agreement or, if none, the Grievance Procedure as described in these Personnel Rules. Other actions (for example, a transfer, demotion or lost opportunity for overtime or supplemental pay) are not subject to appeal.
5.7 Immediate Family Members of Elected Officials
No person who is the spouse, registered domestic partner, or immediate family member of a current City elected official shall be eligible for regular position appointment.
Additionally, the provisions of this section shall apply to all current members of the Housing Authority’s governing board.
The spouse, registered domestic partner or immediate family member of an elected official currently employed as of the date the elected official assumes office shall not be subject to automatic exclusion of employment. The City Manager may, 119
14 however, utilize the provisions of this policy to transfer, reassign, or terminate the employee, if necessary, for the efficient operation of City business. 120
15 6 Anti-Fraternization Policy
6.1 Purpose
The purpose of this policy is to prevent a conflict of interest or adverse impact on supervision, safety, security, or morale when supervisory employees or co-workers engage in consensual romantic or sexual relationships. Romantic or intimate relationships among employees create serious problems in terms of objective management, an unreasonable possibility of favoritism, conflict of interest, misunderstandings and claims of harassment and/or discrimination.
6.2 Policy
The City reserves the right to reasonably regulate, for reasons of supervision, safety, security or morale, the assignment of employees involved in a romantic or sexual relationship within the same department, division, facility or unit. The City discourages, but does not forbid, fraternization between managers or supervisors and subordinate employees or between co-workers.
6.3 Reporting Requirements
Any employees currently or previously involved in a sexual, romantic, or personal relationship, where a potential conflict of interest may occur within the workplace shall disclose the relevant details to their Department Head and/or the Human Resources Director. Reports made to a Department Head will be forwarded to the Human Resources Director. Failure to report the relationship or disclose pertinent facts may lead to disciplinary action.
6.4 City Response
The City will investigate reports to determine if: (1) the relationship creates a conflict of interest, causes disruption, creates a negative or unprofessional work environment, or presents concerns regarding supervision, safety, security or morale; and (2) if there are any reasonable modifications or changes in procedures that can be made to minimize operational concerns.
If a determination is made that the relationship creates operational concerns that cannot be minimized by reasonable modifications or changes in procedure, the City reserves the right to make such employment decisions as it deems necessary to minimize operational concerns, including but not limited to transfer of one or both parties to the relationship, adjusting lines of reporting or communication, and requiring the parties to acknowledge in writing the voluntariness of any such relationship.
In the event that no reasonable modifications or changes in procedure are available, or that any modifications or changes would affect safety, security, supervision or morale, the City reserves the right to transfer or reassign one of the employees. When the involved employees are co-workers, the wishes of the involved parties will be considered; however, the controlling factor in determining which employee shall be transferred shall be the positive operation, efficiency, and 121
16 needs of the City. In situations where one of the employees involved in the relationship is a supervisor, the appointing authority shall transfer the supervisory employee from the position of influence over the other party to the relationship.
There can be no guarantee that the new position will be within the same classification or at the same salary level.
If an employee does not accept a transfer or reassignment, or in situations where no transfer or reassignment is available, one of the employees may voluntary resign. Factors the City might use in evaluating which employee to retain include, for example, performance, tenure, position within the organization, or other factors deemed relevant by the appointing authority or designee.
6.5 Appeal
Any regular employee who was employed in a position within the Competitive Service who is separated from City service under this Personnel Rule may appeal the decision to separate by utilizing the disciplinary action procedure as identified under the applicable collective bargaining agreement or, if none, the Grievance Procedure as described in these Personnel Rules. Actions other than separation (for example, a transfer or lost opportunity for overtime or supplemental pay) are not subject to appeal.
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17 7 Veterans’ Preference
7.1 Policy Statement
The City will grant veterans as defined in this Policy with preference points in entrance examinations for positions with the City. No preference is provided for promotional examinations, nor to a current employee in a regular position.
7.2 Definition of Veteran
For purposes of this Personnel Rule, “veteran” means any person who has served in active duty or reserve status in the Armed Forces of the United States in time of national emergency, state military service, or during any expedition of the Armed Forces.
7.3 Preference Provisions
1. Eligibility List by Rank: Eligible veterans who obtain a passing score and are placed on an employment eligibility list will receive an additional five (5) points added to their score. The veteran shall be placed on the employment eligibility list at the appropriate ranking after the additional points are added.
2. Pass/Fail or Block Eligibility List: Eligible veterans who obtain a passing score and are placed on an employment eligibility list will receive a veterans’ preference notation and such individuals shall be considered prior to the appointing authority’s consideration of other equally ranked eligibles.
7.4 Notice of Veterans’ Status and Request for Preference Any individual applicant for entrance employment with the City wishing to receive veterans’ preference must submit proof of their veteran status in the form of a DD- 214 along with the original employment application.
7.5 Currently in the Military Service
Candidates who are in the military service at the time of an examination, and who are discharged from military service during the duration of the employment list, may apply for Veterans’ Preference upon discharge from the military. If all the eligibility criteria and documentation requirements described in this rule have been met, then the candidate’s placement on the employment list will be adjusted accordingly.
7.6 Those Not Eligible for Veterans’ Preference
Veterans’ Preference shall not be given to those applicants who:
1. Are competing in a promotional examination or for a classification not included within the Competitive Service; or
2. Are retired from the Armed Forces at or above the rank of Major, or its equivalent; or
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18 3. Were discharged more than five (5) years prior to the final filing date stated on the job announcement.
4. Were discharged for a reason other than “general or honorable.” 124
19 8 Employment Eligibility Lists
8.1 Employment Lists
As soon as possible after the completion of an examination, the Human Resources Director shall prepare an employment eligibility list consisting of the names of candidates who qualified in the selection process. Multiple employment lists for a single class are permitted. When multiple employment lists exist, an eligible shall be considered based on their overall rating as opposed to when they were placed on an employment eligibility list.
8.2 Duration of Lists
Promotional and open-competitive employment lists shall remain in effect for six (6) months, unless exhausted sooner or abolished by the Human Resources Director. The Human Resources Director may, at their discretion, extend the duration of an employment list, in six month increments, such that the total duration of an employment list is twenty-four (24) months.
8.3 Consideration of Applicants
Any applicant on the employment list may be considered for appointment, and such consideration of applicants shall be termed “the rule of the list” such that any individual on the list may be appointed. However, no person on an employment list shall be considered for appointment unless all other eligibles with a higher or equal employment list ranking have been interviewed by the appointing authority or designee.
8.4 Background Investigations
As part of the examination process and in the process of considering any applicant on the employment list for appointment, it shall be City policy to obtain as much job-related/pre-employment information as possible, within the confines of the law, from current and/or former employers of potential new City employees before a formal employment offer is extended. The Human Resources Director or designee may conduct such investigation of an applicant’s training, experience, and mental, physical and personal fitness as may be necessary to determine suitability for appointment.
8.5 Precedence
The names of eligibles shall be certified in accordance with the following priority:
1. Reinstatement List
2. Transfer List
3. Promotional List
4. Reemployment List
5. Open-Competitive List
8.6 Removal of Names from List
The name of any person appearing on an employment list shall be removed by the 125
20 Human Resources Director if the person: (1) requests in writing that their name be removed; (2) fails to respond to a notice mailed to the last designated address; (3) no longer meets the eligibility requirements for appointment; or (4) is subsequently hired by the City. The person affected shall be notified of the removal of the name by a notice mailed to the last known address. It shall be the sole responsibility of those individuals on an eligibility list to provide the City with information regarding any change of address or telephone number. The names of persons on promotional lists who resign from City service shall automatically be dropped from such lists upon resignation.
The name of any person appearing on an employment list may be removed by the Human Resources Director following an interview after which the appointing authority indicates they no longer wish to consider the qualified candidate further.
8.7 No Guarantee of Employment
No person who appears on an eligibility list is guaranteed employment with the City. The City Manager or designee, Human Resources Director, and/or appointing authority may opt not to hire any and/or all persons whose names appear on an eligibility list.
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21 9 Medical Standards
9.1 Post-Offer, Pre-employment Examinations
A post-offer, pre-employment medical examination may be required for applicants in select classes. Any pre-employment physical will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law to determine whether the employee can perform the essential duties of the position, with or without reasonable accommodation.
If the results of a pre-employment examination may result in the disqualification of an applicant, the applicant will be notified and given an opportunity to submit an independent medical opinion for consideration before a final decision on the disqualification is made.
No appointment may be made official until a positive determination is made that the applicant can perform the essential functions of the position, with or without reasonable accommodation.
9.2 Fitness for Duty Examinations
An employee may be required to undergo a physical and/or mental evaluation (i.e., a medical examination) to determine their capacity to perform the duties of their position. An employee may be required to submit to an examination by a competent medical practitioner whenever there is a reasonable suspicion that an employee is physically or mentally unfit to perform the duties of their position, may subject others to infection or may subject the employee or third persons to the risk of injury.
9.3 After Absence
The City may require a medical examination and/or medical release before an employee may return to work following an absence due to illness, injury, or surgery.
9.4 After Classification Change
A standard medical examination may be required before an employee is appointed to a classification with more rigorous physical or medical standards. Any medical examination will be done in accordance with the standards set forth in the Americans with Disabilities Act or other applicable law. 127
22 10 Appointment
10.1 Appointing Authority
All appointments shall be made by the appointing authority. All vacancies shall be filled from an appropriate employment eligibility list, if available. In the absence of persons eligible for appointment in these ways, provisional appointments may be permitted.
10.2 Notice to Human Resources Director
Whenever a vacancy is to be filled, the appointing authority or designee shall notify the Human Resources Director. The Human Resources Director shall advise the appointing authority or designee as to the availability of eligibles on employment eligibility lists for the class.
10.3 At-Will Appointment
Except as defined as being within the Competitive Service or as defined in an employment agreement, all appointments, regardless of type, are at-will appointments which may be terminated with or without cause and with or without notice at any time by either the employee or the City. Nothing in these Personnel Rules or in any document or statement shall limit the right to terminate employment at-will. Only the City Council may approve or authorize an employment agreement or an exception modification to this at-will appointment provision and any such employment agreement, exception or modification must be in writing.
10.4 Types of Appointments
10.4.1 Regular Position Appointment
Appointment to a position which works an ongoing schedule, whether part-time or full-time, and for which the City Council has authorized the providing of health and welfare benefits. Regular positions that are included in the Competitive Service must serve a probationary period as provided in these rules.
10.4.2 Temporary Position Appointment
Appointment to a position which is not a regular position appointment. Temporary position appointments are limited to a maximum of nine hundred ninety-nine (999) paid hours during any fiscal year. Temporary positions do not receive health and welfare benefits, accrue vacation, sick leave or other paid leaves, or receive any other benefits accorded to regular position appointments, except as otherwise required by applicable law. Temporary appointments are also referred to as “seasonal” appointments and not included in the Competitive Service.
10.4.3 Limited Term Appointment
Appointment to a position for a limited period of time in order to perform a specific assignment or complete work expected to be of limited duration. Limited term appointments are considered exempt from the Competitive Service. 128
23 10.4.4 Provisional Position Appointment
In the absence of appropriate employment eligibility lists, a provisional appointment may be made by the appointing authority. An employment eligibility list shall be established within six (6) months for any position filled by provisional appointment. No person who is provisionally appointed shall work in excess of nine hundred ninety-nine (999) hours during the fiscal year.
A provisional appointment does not guarantee that the employee will be selected for regular appointment. If appointed to a regular position, the employment period as a provisional appointment does not count towards the regular appointment’s probationary period, if any.
If an appropriate employment eligibility list exists, then a provisional appointment may still be made by the appointing authority; provided, however, that the total employment of a person so provisionally appointed shall not exceed 200 (two hundred) hours.
10.5 Emergency Appointment
To meet the requirements of an emergency condition that threatens life, property, or the general welfare of the City, the City Manager may employ such persons as may be needed for the period of the emergency, without regard to the regulations as to appointment in these rules.
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24 11 Compensation
11.1 Salary Plan
Salary ranges are set for each class by the City Council. No person may be paid less than the minimum, nor more than the maximum of the salary range established for the class in which employed. No change in the salary range of a class may be made without City Council approval.
11.2 Advancement through the Pay Plan
Advancement within a salary range is based on performance and requires the approval of the City Manager. Advancement through the steps of a salary range are not automatic.
Employees are eligible to be considered for a salary range advancement after either six (6) months or after twelve (12) months following initial appointment/promotion to a classification and a determination of satisfactory service. Thereafter, an employee with satisfactory service may be eligible for advancement within the salary range once every twelve (12) months. The City Manager, with the recommendation of the Human Resources Director, and based upon meritorious service may provide an employee with a salary range advancement more frequently than every twelve (12) months or a salary range increase greater than one (1) salary step.
11.3 Salary Payment
Employees are paid every other Thursday, for the two (2) week period ending the Saturday prior to pay day. When a payday falls on a City-recognized holiday, payment will be made on the prior day.
11.4 Salary Upon Initial Appointment
New employees shall be paid at the first step of the salary range for the employee’s classification. Exceptions to this provision may be made at the sole discretion of the City Manager, except that an employee may not receive more than the maximum salary established for the class to which appointed.
11.5 Salary Upon Promotion
An employee who is promoted from a position in one (1) class to a position in a higher class, shall have their salary adjusted to the first step on the salary range for the higher class that is at least five percent (5%) greater than the employee’s salary before promotion, except that under no circumstance shall the employee receive a salary that is greater than the maximum salary established for the class to which promoted.
11.6 Salary Upon Transfer
An employee who transfers to another position shall have no change made in their salary or salary advancement consideration date.
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25 11.7 Salary Upon Demotion
Whenever an employee is demoted, whether such demotion is voluntary or otherwise, the employee’s salary shall be adjusted to be within the salary range for the class to which the employee is demoted. The specific rate of pay within the range shall be determined by the City Manager, whose decision shall be final. An employee who is demoted to a position that they previously held shall not be placed at a step that is lower than the step held by the employee before the promotion.
11.8 Salary Upon Reclassification
When an employee’s position is reclassified, the employee’s salary shall be determined as follows:
1. If the position is reclassified to a class with a higher salary range than the previous class, the employee’s salary shall be determined in the same manner as if the employee had been promoted.
2. If the salary of the employee is the same or less than the maximum of the salary range of the new class, the salary of the employee shall not change; provided, however, that the employee shall not receive less than the minimum salary established for the class to which reclassified.
3. If the salary of the employee is greater than the maximum of the range of the new class, the salary of the employee shall be designated as a “Y-Rate” and shall not change during continuous City service until the maximum of the salary range to which the class is assigned exceeds the “Y-Rate” salary of the employee.
11.9 Salary Upon Reinstatement
An employee who is reinstated (as defined under section 2.37) shall be placed at no lower than the same salary step they held at the time of separation from City service.
11.10 Salary Upon Reemployment
An employee reemployed (as defined under section 2.35 and Rule 17) shall be placed at no lower than the same salary step they held at the time of separation from City service.
11.11 Timing of Salary Adjustments
The date of changes to an employee’s salary shall be effective the first day of the payroll period following the date of approval of the change. Exceptions to effective dates of change require approval by the City Manager.
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26 12 Probationary Period
12.1 Objective of the Probationary Period
The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employee’s work and for securing the most effective adjustment of a new employee to their position.
12.2 Probationary Period
Unless otherwise provided in a collective bargaining agreement, all original and promotional appointments to a regular position, excluding at-will employees, shall be tentative and subject to a probationary period of twelve (12) months of actual active duty service in the regular position.
The probationary period of an employee who is absent from work, temporarily reassigned to perform work in another classification, or temporarily assigned to perform modified or light duty may be extended by the same amount of time as the absence or reassignment, so as to result in a probationary period of active working duty in the regular position for the required twelve (12) months of active duty service.
Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the same position into which transferring provided the employee has completed the probationary period for the classification at the time of transfer.
The appointing authority may extend an employee’s probationary period by up to six (6) months. Notice of any such extension will be provided in writing to the employee in advance of completion of the probationary period. The probationary period shall not exceed eighteen (18) months of active duty service.
12.3 Rejection of Probationer
During the probationary period, an employee may be released at any time by the appointing authority, with or without cause and with or without prior notice to the employee. An employee who is rejected during the probationary period has no right to appeal or grieve the decision to reject. Nothing in this policy is intended to limit the reasons for which an employee may be released during the probationary period.
12.4 Promotional Probationary Period
An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed for cause from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights.
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27 13 Performance Evaluation
13.1 Policy and Purposes
It is the policy of the City that regular reports shall be made on all employees regarding efficiency, competency, conduct and merit. This responsibility shall be borne by the City Manager, the Department Heads, and their subordinate supervisors. It shall be the responsibility of the Human Resources Director to provide and prescribe the forms and procedures to be used in such performance reports and to assist in the training of supervisory personnel, so that performance reporting will be carried out in a sound, effective and timely manner.
Performance evaluations are an important part of the City’s personnel policies.
They provide an objective, consistent, and fair way to gauge each employee’s on- the-job effectiveness. The evaluation process should inform an employee of their standing and communicate expected standards of performance. It is also used to discuss City and department goals, employee goals, work standards, areas where improvement is needed, career development potential, and possible opportunities.
13.2 Timing of Evaluations
Performance evaluation reports shall be rendered at least once annually for all regular employees. An employee may be rated at more frequent intervals at the discretion of the City Manager or the Department Head. An employee who receives an overall rating of anything less than meets minimum requirements should be re-evaluated within three (3) months of receiving such rating.
Performance evaluation reports of all probationary employees should be rendered at least quarterly during the probationary period. An employee who has received an overall rating of less than meets minimum requirements and who is not released from employment should be re-evaluated at least one (1) month after receiving a less than meets requirements rating. Nothing in this section shall preclude the City from releasing a probationary employee from employment with or without cause and/or with or without notice at any time.
13.3 Evaluation Procedures
The Human Resources Director should notify departments approximately one (1) month prior to the due date for annual performance evaluations.
The immediate supervisor of the employee being evaluated is expected to conduct the performance evaluation using the form prescribed by the Human Resources Director. Where an employee has worked under several supervisors, each supervisor should contribute to the evaluation. Whenever a supervisor is transferred or leaves the City, they ideally should prepare, prior to their leaving, a preliminary evaluation of the employees working under them.
Each performance evaluation shall be discussed with the employee. The employee shall sign the report as a means of acknowledging its content. Such 133
28 signature shall not necessarily mean the employee agrees in total with the contents of said report. The employee shall have the opportunity to make their own comments regarding their work performance, either in a written statement attached to the evaluation, or orally.
After the evaluation has been completed and signed, a copy shall be given to the employee and the supervisor. The original is to be filed with the Human Resources Department.
13.4 Less than Meets Minimum Requirements Ratings
1. Rating Intervals. An employee who receives an overall performance rating of less than meets minimum requirements should be rated at a more frequent interval, as provided in these Personnel Rules.
2. Promotional Examinations. An employee who receives an overall rating of less than meets minimum requirements in their most recent performance evaluation shall not be eligible to participate in any promotional examinations until at least an overall meets minimum requirements rating has been established.
3. Salary Advancements. An employee who receives an overall rating of less than meets minimum requirements shall not be eligible for any salary step advancement until an overall rating of at least meets minimum requirements has been established.
13.5 Late Performance Evaluations
Performance evaluation reports must be submitted within three (3) months of the employee’s classification date. If the supervisor fails to render a performance evaluation within the specified timeframe, then the employee shall receive a salary step increase, if available, and the employee’s overall performance shall be assumed to be satisfactory.
13.6 Consideration for Promotion
In promotional examinations and selection of employees, past performance evaluations shall be given consideration.
13.7 No Appeal
An employee does not have the right to formally appeal or grieve any matter relating to a performance evaluation. Instead, within seven (7) days following the receipt of the performance evaluation, the employee may request that the Director of Human Resources conduct an objective review of performance evaluation rating(s) which do not correspond with documented job performance in the evaluation. The Director of Human Resources will issue an assessment from their review of the evaluation within fourteen (14) days of receipt of the review request from the employee. The employee may also comment on the evaluation in a written statement, which will be placed with the evaluation in the employee’s 134
29 personnel file. Written statements in response to an evaluation must be submitted within fourteen (14) days of when the evaluation is provided to the employee in order to be included with the evaluation in the employee’s personnel file.
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30 14 Resignations and Job Abandonment
14.1 Notification
An employee wishing to leave the City’s employment in good standing shall submit a letter of resignation to their immediate supervisor, Department Head, or the Human Resources Director at least fourteen (14) days before leaving employment.
The letter of resignation should include the effective date of resignation and reason(s) for leaving. Resignations are irrevocable and shall be promptly forwarded to the Human Resources Director. Resignations shall become effective upon receipt by the City, without the necessity of any written acceptance, unless the employee is notified otherwise. The resignation of an employee who fails to give notice as provided in this section shall be reported to the Human Resources Director by the Department Head immediately.
14.2 Failure to Notify
Failure of an employee to provide proper notice shall be entered on the service record of an employee and may be cause for denying future employment by the City.
14.3 Failure to Report to Work (Job Abandonment)
An employee who fails to report to work, to return from an authorized leave of absence, and/or fails to call off from work for three or more consecutively scheduled work days is deemed to have voluntarily resigned employment through job abandonment. A regular employee who has passed probation will receive notice of the City’s intent to terminate for job abandonment, an opportunity to respond, and a final notice of termination for job abandonment before being separated under this provision. At the discretion of the City Manager or designee, an employee separated for job abandonment may be reinstated upon proof of justification for such absence, such as severe accident, severe illness, or mental or physical impairment which prevented notification. No employee has any right to grieve or appeal a separation due to job abandonment or to an evidentiary or disciplinary appeal following a separation due to job abandonment.
14.4 Use of Accrued Leaves
The use of vacation, sick leave, administrative leave, compensatory time off, holidays, or any other paid time off in lieu of hours worked may not be used to extend an employee’s resignation date beyond the employee’s last day worked.
Only the City Manager may waive this rule.
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31 15 Layoff
15.1 Layoff Policy
Whenever the City Manager and/or City Council determines in their sole discretion that it is necessary to abolish any position of employment, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and without the right of appeal.
15.2 Notification
An employee being laid off shall be given at least fourteen (14) days prior notice.
15.3 Order of Layoff
In each class, employees shall be laid off in the inverse order of their seniority and according to employment status in the following order: temporary, regular part- time, probationary full-time, and regular full-time. In this chapter, probationary status means the probationary period required upon the initial employment with the City leading to a regular position.
For purposes of layoff, seniority shall be defined as an employee’s tenure in a class. When an employee retreats to a lower class, seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time and regular part-time service. In this chapter, length of service for regular part-time employment is calculated on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority.
In cases where there are two or more employees with the same employment status and the same seniority date, such employees will be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least ninety (90) days as follows:
First, all employees having ratings of less than minimum requirements; second, all employees having ratings of meeting minimum standards; and third, all employees having ratings of exceeds minimum standards.
15.4 Employee Options
Whenever a regular or probationary employee has been notified that they will be laid off from their current position, the employee shall have the following options:
1. If an employee has held status in a lower classification, they may retreat to that lower classification if the employee has more seniority than at least one of the incumbents in the lower class. If an employee has not held status in a lower class, then no retreat rights accrue to the employee. An employee exercising retreat rights must provide written notice to the Human Resources Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. An employee who does not timely exercise retreat rights will forfeit the 137
32 ability to retreat to a lower class and will be laid off.
2. If an employee has not held status in a lower classification, or if the lower classification is occupied by a more senior employee, the employee may be eligible for transfer to a vacant position if the employee is qualified and capable of performing the duties of the vacant position as determined by the City Manager or designee. Employees who are transferred in lieu of layoff will be paid at the rate of pay for the new position at a step to be determined by the City Manager and shall serve a new probationary period. Any employee who does not accept a transfer within seven (7) days after receipt of notice of layoff will forfeit the ability to transfer and will be laid off.
3. Accept the layoff.
15.5 Reinstatement List
The names of all regular and probationary employees laid off or demoted (either through a transfer or exercise of retreat rights) in lieu of layoff shall be placed on a reinstatement list, provided their performance has been satisfactory. Said reinstatement list shall remain in effect for twelve (12) months, unless exhausted sooner.
Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees.
Failure to promptly respond to and accept a reinstatement offer within seven (7) days of the date of the offer shall result in removal from the reinstatement list. It shall be the employee’s responsibility to advise the City of the employee’s current contact information.
Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class.
15.6 Reinstatement
A former employee appointed from a reinstatement list shall be reinstated to the salary range and step held at the time of layoff and have the following benefits restored:
1. Accrued but unused sick leave.
2. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).
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33 A former employee shall not accrue any benefits during the period of time they were on layoff.
15.7 Layoff of At-Will Employees
By definition, employment at-will may be terminated by either the employee or the City at any time with or without cause and with or without notice. Nothing in this chapter shall require the City Manager to allow a displaced at-will employee to displace an employee in a lower class or require the City Manager to place a displaced at-will employee on a reinstatement list.
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34 16 Transfer
Transfers may be voluntary or involuntary. No person shall be transferred to a position for which they do not possess the minimum qualifications. Upon notice to the Human Resources Director, an employee may be transferred by the appointing authority at any time from one position to another position in the same or a comparable class. For transfer purposes, a comparable class is one with the same maximum salary, involves the performance of similar duties and requires substantially the same basic qualifications.
If the transfer involves a change from one department to another, both Department Heads must consent to the transfer unless the City Manager orders the transfer.
Transfers shall not be used to effectuate a reclassification, promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in the Municipal Code, these Personnel Rules, and/or a collective bargaining agreement.
Whenever possible, an employee being transferred from one position to another position in the same class or a comparable class will receive five (5) business days’ notice. If an employee disputes an involuntary transfer, the employee may, within two business days of receiving notice of his or her pending transfer, file a written appeal with the City Manager or designee setting forth the reasons for the appeal.
Any appeal filed must be based upon an alleged violation of the requirements for transfer or the procedure followed.
The decision as to whether or not to transfer an employee shall be at the sole discretion of the appointing authority and is not subject to any grievance or appeal procedure.
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35 17 Reemployment
With the approval of the appointing authority, an employee appointed to a regular position who completed at least twelve (12) months of continuous service, successfully passed an initial new hire probationary period, and resigned with a satisfactory record may be reemployed to a vacant position in the same or comparable class. Reemployment must occur within twelve (12) months following resignation. The reemployed employee is not subject to another new hire probationary period. No credit for former employment shall be granted in computing vacation, sick leave, or other benefits except on the specific approval of the City Manager.
The decision as to whether or not to reemploy a former employee shall be at the sole discretion of the appointing authority and is not subject to any grievance or appeal procedure.
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36 18 Medical Separations
18.1 Medical Separation
An employee who becomes unable to perform the essential functions of his or her position due to a disability or other medical condition may be medically separated from employment. Prior to medical separation, the City will determine what accommodations, if any, can be reasonably provided to the employee in accordance with City policy and any applicable law. In addition, if appropriate, the City may consider an employee’s potential eligibility for disability retirement benefits.
Before medically separating a regular employee, the Human Resources Director or designee will provide the affected employee with notice of the proposed decision to medically separate. The notice shall: (1) inform the employee of the action intended, the reason for the action and the proposed effective date; and (2) inform the employee of the right to respond to the proposed action and to whom to respond. After review of any timely response, the Human Resources Director or designee shall notify the employee of any final action to be taken and the effective date of that action. A medical separation may be appealed pursuant to the grievance procedures contained in these Rules.
18.2 Right to Use Accrued Leaves
Except as provided in a collective bargaining agreement or employment agreement, vacation, sick leave, administrative leave, compensatory time off, holiday, paid time off or other accrued leave may not be used to extend an employee’s employment separation date beyond the employee’s last day of actual work, unless approved by the City Manager. Use of sick leave shall be authorized only upon proper medical verification that the use of such leave complies with the rules pertaining to the use of sick leave.
18.3 Rehire of Employee Retired or Separated for Disability An employee who is retired or otherwise separated on account of disability may apply for reemployment with the City if the medical condition causing the disability improved such that the employee may perform the essential functions of the position for which they are applying, with or without reasonable accommodation. 142
37 19 CalPERS Disability Retirement Applications by Safety Members
19.1 Application
The following procedures shall be utilized to process an application for disability retirement benefits by a local safety member as defined by the California Public Employees’ Retirement System (CalPERS):
19.2 Initial Determination
Upon receipt of an application for disability retirement benefits from a safety member, an initial determination will be made by the Human Resources Director upon medical and other available evidence. The applicant may be required to submit to a medical examination in order for the Human Resources Director to obtain sufficient information to make a recommended determination. The recommended determination of the Human Resources Director will address the following: (1) whether the applicant is incapacitated from the performance of duty pursuant to the standard for disability retirement under the Public Employees’ Retirement Law (PERL); and (2) if the applicant is determined to be incapacitated, whether the cause of such incapacitation was industrial or non-industrial. The City Manager will review the recommendation of the Human Resources Director and make a final determination. This final determination shall be made within six (6) months of the date of the request for such determination from CalPERS unless this time requirement is voluntarily waived in writing by the applicant. The City Manager will provide written notice of any final determination to CalPERS and applicant.
19.3 Appealing an Initial Determination
An applicant may appeal the City Manager’s determination on the issue of incapacity by requesting a hearing as provided in Section 19.4 below. An applicant may appeal the City Manager’s determination as to the issue of causation by filing an appeal with the Workers’ Compensation Appeals Board (WCAB) for a Finding of Fact determination as to causation. Any appeal of the City Manager’s determination on an application must be filed within thirty (30) calendar days of the date on the notice of determination. The City Manager’s determination shall not be subject to review under the grievance procedure.
19.4 Hearing
If the applicant requests a hearing on the issue of incapacity, the hearing shall be held in conformity with the Administrative Procedures Act. When an applicant requests a hearing, the City will notify CalPERS. The City will also notify the Office of Administrative Hearings and will request a hearing date and a pre-hearing conference with an Administrative Law Judge. The applicant will be informed of the hearing date, time and location. The hearing shall be conducted before the Administrative Law Judge. The hearing shall be recorded. The burden of proof is on the applicant to demonstrate incapacity.
Following the hearing, the Administrative Law Judge will issue a Proposed 143
38 Decision. The Proposed Decision will include a determination of issues, findings and summary of facts. The Proposed Decision will be reviewed and acted upon by the City Council. The Council will either:
a. Adopt the Proposed Decision as its own Decision.
b. Make changes in the Proposed Decision and adopt it as its own Decision. c. Reject the Proposed Decision and in doing so either:
i. Make its own decision without hearing additional evidence; or ii. Make its own decision following the acceptance of additional evidence; or
iii. Remand the case back to the administrative law judge to take additional evidence and to issue a new or revised Proposed Decision.
The Council’s decision and findings shall be served by the City on the applicant and the applicant’s designated representative, if any, by U.S. Postal Service mail (with at least mail delivery confirmation) or by personal service. The City shall also notify CalPERS of the decision. The City Council’s decision shall be final and is not subject to review under the grievance procedure.
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39 20 Disciplinary Action
20.1 Disciplinary Action
The City Manager or designee may discipline any employee; provided however that no regular employee in the Competitive Service will be disciplined except for cause. Unless otherwise provided in an applicable collective bargaining agreement, discipline of a regular employee in the Competitive Service will be in accordance with this Rule. Employees who are excluded from the Competitive Service or who have not completed probation are considered at-will employees, serving at the pleasure of the City Manager, and are not entitled to appeal or grieve any disciplinary taken against them.
20.2 Types of Disciplinary Action
Disciplinary action may take the form of a verbal or written reprimand, suspension, pay reduction, demotion or dismissal.
20.3 Notice of Proposed Disciplinary Action
Written notice of any proposed suspension, demotion, reduction in pay, or discharge shall be given to a regular employee in the Competitive Service. Such notice shall include all of the following:
1. A statement of the level of discipline proposed;
2. The charge(s) upon which the proposed discipline is based;
3. A summary of the facts upon which the charges are based;
4. A copy of all written materials, reports or documents upon which the proposed discipline is based;
5. Notice of the employee’s right to respond to the charges within seven (7) calendar days from the date of the notice, either in person during an informal conference or by providing a written response or both;
6. Notice of the employee’s right to have a representative of their choice at the informal conference should they choose to respond orally; and
7. Notice that the failure to respond by the time specified shall constitute a waiver of the right to respond prior to the imposition of discipline.
If the employee exercises their right to respond to the notice, the individual proposing the discipline or their designee shall consider the employee’s response before taking any final disciplinary action. The employee may use up to two (2) hours of City time to prepare a response to the notice. Time shall be prorated for any employee working less than full-time. Any additional time the employee may need to prepare the response must be conducted off City time. In no event shall an employee use overtime to prepare a response. The employee’s failure to make an oral response at the arranged conference time, or the employee’s failure to cause his or her written response to be delivered by the date and time specified in the notice of proposed disciplinary action, constitutes a waiver of the employee’s right to respond prior to the imposition of discipline. In that case, the proposed disciplinary action will be imposed on the date specified. 145
40 20.4 Final Notice of Discipline
After receiving the employee’s timely written or oral response, or after expiration of the time to provide a written or oral response, the individual who proposed discipline or designee will either: (1) dismiss the notice of proposed disciplinary action; (2) modify the notice of intended disciplinary action; or (3) impose the proposed disciplinary action. The individual who proposed disciplinary action or designee will provide written notice of their decision. This written notice shall include all of the following:
1. The level of discipline, if any, to be imposed and the effective date of the discipline;
2. The specific charges upon which the discipline is based;
3. A summary of the facts upon which the charges are based;
4. A copy of all written materials, reports or documents upon which the discipline is based; and
5. A statement of the nature of the employee’s right to appeal.
In all cases in which discipline is imposed, a copy of the final notice shall be placed in the employee’s personnel file.
20.5 Appeal
A regular employee in the Competitive Service may appeal a suspension, demotion, reduction in pay, or discharge by requesting an administrative hearing before the City Manager or designee. The provisions of this section shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions.
A disciplinary appeal must be submitted, in writing, to the City Manager or designee within five (5) calendar days of the date of the final notice of discipline.
The employee may use up to two (2) hours of City time to prepare a disciplinary appeal. Time shall be prorated for any employee working less than full-time. Any additional time the employee may need to prepare the appeal must be conducted off City time. In no event shall an employee use overtime to prepare an appeal.
Disciplinary appeals will be processed pursuant to Step 3 of the grievance procedure contained in these Rules.
20.6 Causes for Disciplinary Action
Grounds for discipline of an employee include, but are not limited to the following:
1. Dishonesty, including but not limited to making any false statement, omissions or misrepresentation of material fact, falsifying timecards, materially misrepresenting or concealing facts or making false statements about one’s employment, including application for employment, promotion or appointment.
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41 2. Incompetence or inefficiency in the performance of required duties.
3. Neglect of job duties.
4. Insubordination; or insulting or demeaning the authority of a supervisor or manager.
5. Conduct which discredits the City, the employee’s City employment or the public service.
6. Any acts or omissions, which are either incompatible with or unfavorable to the public service, or which tend to bring reproach or discredit to the City.
7. Discourteous or non-cooperative treatment of the public, City elected officials or employees, City volunteers, including but not limited to rude, disrespectful, offensive or obscene comments or conduct, or failing to cooperate with an employee’s supervisor or fellow employees.
8. Endangering self or others, or failure to follow adopted safety practices, or failure to properly use required personal protective gear or equipment.
9. Violating the City’s drug-free workplace policy, including but not limited to reporting for duty or being on duty under the influence of any intoxicant or absenting oneself from duty or rendering oneself unfit to perform fully one’s duties for reasons attributable to or produced by intoxicants.
10. Absence without authorized leave.
11. Excessive or unexcused absenteeism and/or tardiness.
12. Misuse of any leave, including sick, medical or disability leave, for purposes not authorized or provided for under the City’s leave policies.
13. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam related to the employee’s continued ability to perform his or her position.
14. Failure to immediately report a vehicle accident.
15. Failure to report to their supervisor any contact with law enforcement which may affect employment with the City.
16. Conviction of a crime, the nature of which has a direct bearing on continued employment.
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42 17. Misuse or misappropriation of City property or funds; carelessness or negligence with the monies or other property of the City; appropriating to the employee’s own use of any property of the City, or loaning, selling or giving away such property without legal authorization.
19. Theft.
20. Using or attempting to use political influence in attempting to secure promotion, leave of absence, transfer, change of rate of pay or character of work.
21. Inducing or attempting to induce a City employee to commit an unlawful act in violation of any lawful department or official regulation or order.
22. Unapproved outside employment or engaging in any activity that violates the City’s Conflicts of Interest Code Policy, including taking for personal use, from any person, a fee, gift or other valuable thing in connection with official work when such fee, gift or other valuable thing is given in the expectation of receiving favored treatment.
23. Less than satisfactory performance.
24. Failure to maintain any license, certificate or credential required by the minimum standards for the employee’s position, including failing to timely notify the City of any anticipated loss or lapse of such license, certificate or credential.
25. Violation of or failure to abide by any provisions of the City’s Municipal Code, Personnel Rules, City Policies and Procedures, collective bargaining agreement (if applicable), administrative memorandum, or lawful official regulation or order of the City.
26. Violation of the City’s Rule against harassment, discrimination and retaliation.
27. Failure to cooperate in an official inquiry or investigation into an alleged violation of these Personnel Rules.
28. Working overtime without prior supervisory authorization.
29. Violation of the City’s Workplace Violence Prevention Policy.
20.7 Public Safety Officers Procedural Bill of Rights
Nothing in these Personnel Rules supersedes the City’s obligations under the Public Safety Officers Procedural Bill of Rights Act.
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43 21 Grievances
21.1 Grievance Definition
A grievance is defined as any dispute which involves the claimed violation, misinterpretation or misapplication of these Personnel Rules, excluding those provisions of these Personnel Rules which are specifically excluded from the grievance procedure or which provide that the decision of the City Council, City Manager or designee shall be final. In the event that an alternative complaint procedure is applicable to an employee’s claim (e.g., harassment complaint procedure), the grievance shall be treated as having been submitted under that alternative procedure and will be processed accordingly. Any matter addressed through an alternative procedure may not also be raised as a grievance under this Rule. A grievant may be an employee, or any group of employees, or a represented bargaining unit.
The following are matters that are excluded from the definition of “grievance” and are not subject to the grievance procedure:
1. Challenges to any disciplinary action except for those actions where a right to appeal is provided by Rule 20;
2. Challenges to or requests for changes in the content of employee evaluations or performance reviews, verbal or written warnings or reprimands, or counseling memorandums;
3. Challenges to a reclassification, layoff, transfer, denial of reinstatement or denial of step or merit increase;
4. Requests for changes in wages, hours or working conditions, including any impasses or dispute in the meet and confer process or matter within the scope of representation as defined by the Meyers Milias Brown Act;
5. Challenges to examination or appointment to positions; and
6. Challenges to a rejection from probation.
21.2 Grievance Procedure
A grievance shall be processed in the following manner:
Step 1 – Informal Step
Within fourteen (14) days of when the grievant knew or should have known of the event giving rise to the grievance, the grievant will first try to resolve the grievance through discussion with the grievant’s immediate supervisor. During this discussion, the grievant must clearly state that a grievance is being initiated.
Within fourteen (14) days of this discussion, the immediate supervisor shall give the grievant their decision or response to the informal grievance. This response may be provided orally or in writing. If the employee is not satisfied with the reply, he or she may file a formal grievance.
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44 Step 2 – Formal Step.
If the grievance is not resolved in Step 1, or if it is determined, for good and sufficient reason, that the grievant may initiate the grievance at Step 2, the grievant may file a formal, written grievance. The written grievance shall contain the following:
1. name of grievant(s)
2. class title(s)
3. department
4. mailing address(es)
5. a clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices)
6. the date(s) on which the event(s) giving rise to the grievance occurred
7. a proposed solution to the grievance
8. the date of execution of the grievance form
9. the signature of the grievant(s)
10. the signature of the bargaining unit representative, if such a representative is representing the grievant(s)
11. the date of the discussion meeting in Step 1 and the name of the supervisor involved
Any formal grievance must be filed within fourteen (14) days after either the response to the informal grievance is given or the time to provide a response to the informal grievance has expired if no response is given. If the response is initiated at Step 2, it must be filed within fourteen (14) days of when the grievant knew or should have known of the event giving rise to the grievance.
Upon receipt of a formal written grievance, the Department Head will investigate the grievance and may, in their discretion, schedule a meeting with the grievant in an attempt to resolve the grievance. The Department Head will issue their decision regarding the grievance in writing within fourteen (14) days of receipt of the written grievance, except that if the Department Head conducts a meeting with the grievant, the Department Head will issue their decision in writing within fourteen (14) days of that meeting.
Step 3. – Review of Department Head Decision
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45 If the grievance is not resolved by the Department Head’s decision in Step 2, or if the time for the Department Head to provide a decision under Step 2 has expired, the grievant(s) may appeal the written grievance to the City Manager or designee (other than the supervisor and/or Department Head involved) within fourteen (14) days of receipt of the Department Head’s decision in Step 2.
The City Manager may either hear the grievance or assign the grievance to be heard by their designee. If the City Manager designates a hearing officer to hear the grievance, the fees and expenses of the hearing officer will be paid by the City.
Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Any decision by a designee will be advisory to the City Manager.
If the City Manager has heard the matter, the City Manager shall render a decision within thirty (30) days of the close of the hearing process. If the hearing is conducted by a designee, the City Manager shall either affirm, set aside or modify the decision within thirty (30) days of receipt of the designee’s advisory decision, except that if the City Manager takes no action within thirty (30) business days of receipt of the advisory decision, the advisory decision shall become final and binding. Any decision by the City Manager shall be final and binding on the parties.
21.3 General Conditions of Grievances
1. The Human Resources Department will act as a central repository for all Step 2 and Step 3 grievance records.
2. Any time limit may be extended only by mutual agreement in writing.
3. An aggrieved employee may be represented by another individual at any stage of the proceedings at their request. Both employee and representative (if employed by City) will be entitled to attend proceedings without loss of compensation, should such proceeding conflict with the employee’s and/or the representative’s normal working hours.
4. Proposals to add to or change these Personnel Rules shall not be considered under this section, and no proposal to modify, amend, or terminate any collective bargaining agreement between the City and a represented bargaining unit may be considered under this section.
5. Failure by the grievant or grievant’s representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievant’s representative, and the grievant’s bargaining unit (if any) to initiate or appeal a grievance. In the case of no appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance.
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46 22 Employee Ethical Standards
22.1 General Policy
Employees of the City are required to discharge the duties and responsibilities of their positions with professional integrity, regardless of personal considerations.
Employees are expected to recognize that the public interest, as articulated by City policy, is their primary concern. The conduct of City employees in their official capacity must be beyond reproach.
22.2 Employee Expectations
No City employee shall engage in any act which is in conflict, or creates an appearance of unfairness or conflict with the performance of official duties. To meet the standards set forth in this policy, employees must:
1. Disclose all financial interests which may constitute a conflict of interest with official duties, and disclose the nature and extent of personal interest in any business entity engaging in any transaction with the City as required under the City’s conflict of interest resolution. An employee is prohibited from participating in any City decision which could affect his or her personal or financial interests in violation of the City’s conflict of interest resolution.
2. Refuse to accept gifts, gratuities, favors, services or promise of future benefit from any person, firm, entity or corporation doing business with the City, where such gift, gratuity favor, service or promise could compromise independence of judgment or action as a public official or employee.
Employees should disclose any offer of gift, favor, service or promise to their supervisor immediately.
3. Refrain from engaging in activities or employment that may appear to be, or are incompatible with public duties, whether on or off duty. Employees of the City should not become involved or affiliated with any agency or entity that receives funds from the City, either directly or indirectly, whether that association or affiliation may create a conflict of interest, or an appearance of a conflict of interest or impropriety.
4. Refrain from disclosing, promulgating, using, or validating information concerning City government or other employees and officials which is confidential or protected without prior authorization, including confidential information concerning property or affairs of the City, to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the City.
5. Refrain from using any City funds or property for personal or private gain.
Employees must be absolutely honest in all dealings, in whatever capacity, with City funds, properties or facilities.
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47 6. Refuse to represent private interests before government agencies in any matter in which the City is a party, or in which the employee’s official position with the City is, or may be, a consideration in or influence the decision of such agency on the matter before it.
7. Comply with the provisions of the Political Reform Act, as regulated by the Fair Political Practices Commission, or any other state or federal laws governing conflict of interest matters.
22.3 Gifts on Behalf of the City
The City Manager and their designee is permitted to accept a gift, gratuity, or favor on behalf of the City and may distribute such gift, gratuity, and favor as they deem appropriate to City employees and elected officials in accordance with Fair Political Practices Commission regulations. Examples may include sporting events tickets or cultural events tickets.
22.4 Use of Public Property
No employee of the City shall request, use, or permit the use of City-owned vehicles, clothing, equipment, materials, or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. City property is to be used solely for the purpose of conducting official City business. Any changes to previously authorized uses of public property will be communicated to employee sixty (60) days in advance of implementation to allow sufficient time for the employee to make alternative arrangements.
22.5 Political Activities
1. Employees are prohibited from using City time or property in any manner for any of the following reasons: to promote any political issue or candidate; to solicit funds for any political purpose; or to influence the outcome of any election.
2. No employee shall be eligible for appointment or election to any public office (including appointment to a City Board, Commission or Committee) when the holding of such office or position would be incompatible or would substantially interfere with the discharge of official duties.
22.6 Outside Employment
22.6.1 Incompatible Outside Employment Prohibited
No employee of the City shall engage in any employment, activity or enterprise that would detract from his or her effectiveness as a City employee or that is inconsistent, incompatible, in conflict with, or inimical to his or her duties as an employee of the City. An individual’s outside employment, activity or enterprise is inconsistent, incompatible, in conflict with, or inimical to an employee’s duties, functions or responsibilities set forth above if it:
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48 1. Involves the use for private gain or advantage of the City’s time, facilities, equipment, or supplies; or the badge, uniform, prestige or influence of the City;
2. Involves receipt or acceptance by an employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would otherwise be required or expected to perform in the regular course of his or her duties as a City employee;
3. Involves the performance of an act in other than his or her capacity as an employee of the City, which act may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other City employee, City official or City officer;
4. Involves such time demands as would render performance of duties as a City employee less efficient.
22.6.2 Reporting Outside Employment
Employees seeking to engage in outside employment, whether it be accepting a second job, self-employment or otherwise, must submit written requests to engage in such employment to their Department Head. The request shall include:
1. The name and address of the employer;
2. A summary of the nature of employment;
3. The number of hours to be worked by day, week, month, and/or quarter as appropriate;
4. Whether the outside employment will utilize any city owned/controlled facilities, equipment, information, records, supplies, and/or uniforms;
5. Whether the outside employer will provide workers’ compensation and liability insurance during said outside employment; and
6. The phone number of the employer in the event that the City should need to contact the employee under emergency or relief situations.
It is the responsibility of each Department Head to notify the Human Resources Director of outside employment request so that such requests can be considered.
The Department Head, in conjunction with the Human Resources Director, will consider all requests and provide written notice to an employee of the determination on that employee’s request. An employee may request review of that determination by the City Manager.
All employees holding or considering second jobs must obtain permission from their Department Head and the Human Resources Director in order to ensure that the job will not create a conflict of interest or interfere with the proper performance of their duties. An employee who engages in any outside employment without written authorization from the City, or who performs work that exceeds the scope of a written authorization, is subject to discipline, up to and including termination.
Outside employment is defined to mean any employment, activity or enterprise outside of an employee’s normal City working hours wherein the employee is 154
49 compensated for specific hours or duties on a regular basis. Outside employment does not include sporadic employment or occasional employment unless the employee is required to perform work related to their position with the City or utilize any City owned/controlled facilities, equipment, information, records, supplies, and/or uniforms.
22.6.3 General Terms
During the workday, employees are expected to devote their full time to the performance of their assigned duties as City employees. Any approved outside employment must be performed during off-duty, unpaid hours.
Employees who have accepted outside employment are prohibited from using paid sick leave time to work on the outside job or as a result of an injury sustained while performing outside employment. Any employee who engages in outside employment while on sick leave shall be subject to discipline up to and including termination.
All provisions of this Section 22.6 shall apply to any outside employment held by an employee or officer on the effective date of this section, as well as any outside employment sought after such effective date. Provided, however, that as to any outside employment held on the effective date of this section, which was not previously approved in writing, the City Manager or designee shall allow a reasonable period, not to exceed six (6) months, for disassociation with such outside employment. In the event the employee refuses to comply, disciplinary action may be taken. This six (6) month grace period shall not apply to any outside employment that constitutes a violation of the City’s Conflict of Interest Code.
Employees engaged in outside employment in violation of the City’s Conflict of Interest Code shall be required to immediately terminate such employment, or they may be subject to disciplinary action by the City, up to and including the termination of their City employment.
22.7 Procedures
22.7.1 Interpretation
Interpretations of this policy shall be referred to the City Manager.
22.7.2 Investigation
The City Manager or designee shall investigate, or may refer the matter to an outside agency for an investigation, all allegations and written complaints of unethical conduct.
Complaints or allegations that may be criminal in nature may be referred to an appropriate outside agency for investigation.
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50 23 Sick Leave
23.1 General Application
Except as provided under the terms of an employment agreement, memorandum of understanding, or any other action providing for employee sick leave benefits, 156
51 employees will accrue paid sick leave as provided in this Rule and in accordance with the Healthy Workplace, Healthy Families Act of 2014. All employees who earn sick leave, regardless of whether such leave accrued under this rule or under some other document approved by the City Council, are expected to abide by the usage and notice provisions described in this Rule.
23.2 Accrual of Leave
Unless provided under the terms of an employment agreement, memorandum of understanding, or any other action providing for employee sick leave benefits, employees will receive a sick leave bank allocation of forty (40) hours, effective the first pay period in 2024accrue sick leave at the rate of one (1) hour of sick leave for every thirty (30) hours worked, up to a maximum of forty-eight (48) hours of sick leave. Sick Leave accrual banks may carry over each year. Accrual shall begin on the first day of employment or July 1, 2015, whichever is later. Once an employee reaches the accrual cap of forty-eighteighty (8048) hours, the employee will not accrue any further sick leave hours until some paid sick time is used.
23.3 Sick Leave Use
A regular employee isEmployees are eligible to begin using accrued sick leave upon accrual.
A limited-term employee is eligible to begin using accrued sick leave once the employee has completed ninety (90) days of employment. Employees may use a maximum of twenty-four (24) hours of sick leave in a calendar year. The minimum increment for using sick leave is two (2) hours.
Sick leave may be used for the following reasons:
1. The employee’s own illness, injury or medical condition;
2. Visits to a medical doctor, chiropractor, acupuncturist, dentist, optometrist, optician, psychiatrist or psychologist, medical or clinical laboratory on order of a doctor, or other licensed medical provider for the employee or the employee’s family member;
3. To attend to the illness of the employee’s family member; or
4. To seek medical treatment, counseling, social services or relief when the employee is a victim of domestic violence, sexual assault or stalking.
23.4 Family Member Defined
For purposes of this policy, a member means any of the following:
1. The employee’s spouse or registered domestic partner;
2. The employee’s child, including a biological, adopted, or foster child, step child, legal ward, or a child to whom the employee stands in loco parentis; 157
52 3. A biological, adoptive, or foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child;
4. The employee’s grandparents;
5. The employee’s grandchildren; and
6. The employee’s siblings;.
6.7. “Designated person” means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. Employees may designate one person per 12- month period for family care and medical leave.
23.5 Sick Leave Notice
An employee requesting to use sick leave should notify their immediate supervisor prior to the beginning of any working shift. The employee should notify his or her supervisor that the employee is unable to report for work and that the employee is requesting to use sick leave.
An employee is to request prior authorization for any absence due to attendance at any medical appointment. For the purpose of this section, “request prior authorization” shall mean that the employee has notified their supervisor as soon as reasonably practicable.
23.6 Sick Leave Upon Termination
The City will not pay employees for unused sick leave upon termination of employment. Unless otherwise provided in an employment agreement, memorandum of understanding, regulation or any other City Council action, employees who are rehired by the City within one (1) year from the date of separation will have any previously unused and accrued sick leave hours reinstated, up to a maximum of forty-eighteighty (8048) hours.
23.7 Sick Leave Verification of Illness
An employee may be required to provide a health care provider’s statement verifying the employee’s absence from work in the following instances:
When an employee returns to work after three (3) days of absence on sick leave; or
In the case of frequent use of sick leave; or
When a pattern of sick leave use has been identified; or When a supervisor has reason to believe that sick leave is being abused.
23.8 Sick Leave Coordinated with Workers’ Compensation Benefits An employee who is collecting workers’ compensation temporary disability benefits as a result of a City on-the-job illness or injury shall automatically use sick leave, if any, in addition to the provided workers’ compensation benefits so that the 158
53 employee receives their full salary. If the employee does not have sufficient sick leave available, then other available paid leaves shall be used. 24 Pregnancy Disability Leave
24.1 General
A female employee who is disabled due to pregnancy, childbirth or related medical condition is eligible to take pregnancy disability leave (PDL). There is no length of City service requirement before an employee disabled by pregnancy is entitled to PDL. PDL is for any period(s) of actual disability caused by the employee’s pregnancy, childbirth, or related medical condition – per pregnancy. Time off needed for prenatal or postnatal care; doctor ordered bed rest; gestational diabetes; pregnancy induced hypertension; preeclampsia; childbirth; postpartum depression; loss or end of pregnancy; or recovery from childbirth or loss or end of pregnancy are all covered by this PDL policy.
If affected by pregnancy or a related medical condition, an employee is also eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. Employees disabled by qualifying conditions may also be entitled to other reasonable accommodations where doing so is medically necessary. If it is medically advisable for the employee to take intermittent leave or a reduced leave schedule, the City may require the employee to transfer temporarily to an alternative position with equivalent pay and benefits that can better accommodate recurring periods of leave.
24.2 Duration of Leave
An employee is entitled to up to four (4) months of PDL while the employee is disabled by pregnancy, childbirth or related medical condition. For purposes of this policy, “four months” means time off for the number of days the employee would normally work within the four (4) calendar months (one-third of a year, or 17 1/3 weeks or 122 days) following the commencement date of taking a pregnancy disability leave. For a full-time employee who works five eight-hour days per week, 40 hours per week, “four months” means 88 working and/or paid eight-hour days (693 hours of leave entitlement). Employees working a part-time schedule will have their PDL calculated on a pro-rata basis.
24.3 Requirements Regarding the Use of Paid Leave
PDL is unpaid time off. The City requires that employees use any accrued sick leave while using PDL. If an employee does not have any accrued sick leave available, the employee may, at her option, use any other available accrued paid leave (e.g. vacation, compensatory time off, administrative leave, floating holiday).
The use of any paid leave will not extend the duration of the employee’s PDL. The City encourages employees to contact the California Employment Development Department regarding eligibility for State Disability Insurance for the unpaid portion of their leave.
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54 24.4 Continuation of Health Insurance Benefits
Employees who participate in the City’s group health insurance plan shall continue to participate in the plan while on PDL under the same terms and conditions as if they were working. Employees should make arrangements with the Human Resources Department for payment of their share of the insurance premiums.
24.5 Notification Requirements
To receive reasonable accommodation, obtain a transfer, or take PDL, an employee must provide sufficient notice so that the City can make appropriate plans – thirty (30) days advance notice if the need for the reasonable accommodation, transfer or PDL is foreseeable, otherwise as soon as practicable if the need is an emergency or unforeseeable.
24.6 Certification by Health Care Provider
An employee is required to obtain a certification from her health care provider of her need for PDL or the medical advisability of an accommodation or a transfer.
A medical certification indicating the medical advisability of reasonable accommodation or a transfer is sufficient if it contains:
1. A description of the work restrictions and/or requested reasonable accommodation or transfer;
2. A statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy; and
3. The date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the reasonable accommodation or transfer.
A medical certification indicating disability necessitating a leave is sufficient if it contains:
1. A statement that employee needs to take pregnancy disability leave because the employee became disabled by pregnancy, childbirth or a related medical condition;
2. The date on which the employee became disabled because of pregnancy; and
3. The estimated duration of the leave.
Upon request, the Human Resources Department will provide employees with a medical certification form that they can take to their doctor. 160
55 As a condition of an employee’s return from PDL, the City requires the employee to obtain a release to return to work from her health care provider stating she is able to resume her original job duties.
24.7 Return to Work
If an employee does not return to work on the originally scheduled return date or request, in advance, an extension of the agreed upon leave with appropriate medical documentation, the employee may be deemed to have voluntarily terminated her employment with the City. Failure to notify the City of her inability to return to work when it occurs, or her continued absence from work because the leave must extend beyond the maximum time allowed, may be deemed a voluntary termination of employment with the City, unless the employee is entitled to a disability accommodation. Upon the employee’s return from PDL, the employee will be reinstated to her same position in most instances. 161
56 25 Family Medical Leave
25.1 Policy Statement
This policy is intended to provide employees with information concerning entitlements and obligations associated with taking leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA).
Employees with additional questions regarding FMLA/CFRA leave, or regarding any leave entitlements and obligations that might arise when FMLA/CFRA leave is either not available or exhausted, should contact the Human Resources Department.
25.2 Employee Eligibility
The FMLA and CFRA provide eligible employees with a right to leave, health insurance benefits, and with some limited exceptions, job restoration. To be an “eligible employee”, you must meet both of the following criteria:
1. Have worked for the City for at least twelve (12) months (which need not have been consecutive).
2. Have worked at least one thousand two hundred fifty (1,250) hours during the twelve (12) months immediately preceding the commencement of the leave.
An employee who is not eligible for FMLA/CFRA leave at the start of a leave because the employee has not met the 12-month length of service requirement can meet this requirement while on leave because leave to which the employee is otherwise entitled counts towards the length of service requirement (but not the 1,250 hours requirement).
25.3 Employee Entitlements for FMLA/CFRA Leave
25.3.1 Basic FMLA/CFRA Leave Entitlement
The FMLA/CFRA provides eligible employees up to 12-workweeks of unpaid leave during a 12-month period for certain family and medical reasons. The 12-month period is determined based on a rolling twelve (12) month period measured backward from the date an employee first uses any FMLA/CFRA leave. In some instances leave may be counted under the FMLA but not CFRA, or under the CFRA but not the FMLA. Leave may be taken for one, or for a combination, of the following reasons:
1. Disability due to pregnancy, childbirth or related medical condition (counts only toward FMLA leave and California Pregnancy Disability Leave (“PDL”) leave entitlements);
2. Bonding and/or caring for a newborn child (counts toward FMLA and CFRA leave entitlements);
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57 3. For placement with the employee of a child for adoption or foster care and to care for a newly placed child (counts towards FMLA and CFRA leave entitlements);
4. To care for the employee’s spouse, registered domestic partner, child or parent (but not in-law) with a serious health condition (counts toward FMLA and CFRA leave entitlements; except that time to care for an employee’s registered domestic partner does not count towards FMLA leave, only CFRA leave); CFRA expands leave to care for grandparent, grandchild, sibling and designated person. A “designated person” is any individual related by blood or whose association with the employee is the equivalent of a family relationship.
The designated person may be identified by the employee at the time the employee requests the leave. The City limits an employee to one designated person per 12-month period.
5. For the employee’s own serious health condition (excluding pregnancy) that makes the employee unable to perform one or more of the essential functions of the employee’s job (counts toward FMLA and CFRA leave entitlements); and/or
6. Because of any qualifying exigency arising out of the fact that an employee’s spouse, son, daughter or parent is a military member on covered active duty status (or has been notified of an impending call or order to covered active duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or in the Regular Armed Forces for deployment to a foreign country (counts towards FMLA leave entitlement only).
Under the FMLA, a serious health condition is an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a medical care facility, hospice, or residential health care facility; or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified family member from participating in school or other daily activities.
Under the CFRA, a serious health condition is an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice or residential health care facility, any subsequent treatment in connection with such inpatient care, or any period of incapacity; or continuing treatment by a health care provider, including but not limited to treatment for substance abuse.
The CFRA defines “inpatient care” broadly and includes a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with inpatient care, or any period of incapacity. A person will be considered an “inpatient” when he or she is formally admitted to a health care facility with the 163
58 expectation that he or she will remain at least overnight and occupy a bed, even if the person is ultimately discharged or transferred to another facility and does not actually remain overnight. The CFRA defines “incapacity” as the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.
Under the FMLA and CFRA, subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two (2) visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.
Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending post-deployment reintegration briefings.
A leave of absence in connection with a workers’ compensation injury or illness or for which an employee receives disability or State of California Paid Family Leave benefits shall run concurrently with FMLA/CFRA leave, in accordance with federal and state laws.
25.3.2 Additional Military Family Leave Entitlement
In addition to the basic FMLA/CFRA leave entitlement described above, an eligible employee who is the spouse, son, daughter, parent or next of kin of a covered servicemember is entitled to take up twenty-six (26) weeks of leave during a 12- month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember shall only be available during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed twenty-six (26) weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.
A “covered servicemember” is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the Armed Forces.” Covered servicemember also includes a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five (5) year period prior to the first date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.”
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59 The FMLA definition of a serious illness or injury for a covered servicemember or covered veteran is distinct from the definition of “serious health condition” applicable to leave to care for a family member or the employee’s own illness or injury.
25.3.3 Intermittent Leave and Reduced Leave Schedules
FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks or months. However, employees are also entitled to take FMLA/CFRA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member or the serious injury or illness of a covered servicemember. Intermittent leave can also be taken for any qualifying exigency. Intermittent or reduced work schedule leave may be taken for absences where the employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.
Employees are also eligible for intermittent leave for bonding with a child following birth or placement. Intermittent leave for bonding purposes generally must be taken in minimum two-week increments, but the City permits two (2) occasions where the leave may be for less than two (2) weeks.
25.4 Maintenance of Benefits
During FMLA/CFRA leave, eligible employees are entitled to receive group health plan, dental insurance, life and employee assistance program benefits (collectively group health plan coverage) on the same basis as if they had continued to work for the City for up to twelve (12) weeks. Employees on FMLA military leave also are entitled to receive group health plan coverage for the duration of those FMLA leaves. To receive uninterrupted coverage, the employee will have to continue to pay their share of group health plan coverage premiums, if any, in accordance with federal and state laws.
If an employee substitutes paid accrued leave as provided in this policy, the City will deduct the employee’s shares of group health plan coverage premiums as a regular payroll deduction. If the employee does not have accrued paid leaves to substitute for FMLA/CFRA leave and the time is unpaid, the employee must pay the employee portion of premiums either in person or by mail to the Finance Department by the first (1st) day of each month. The City’s obligation to maintain group health plan coverage ceases if an employee’s premium payment is more than thirty (30) days late. If an employee’s payment is more than fifteen (15) days late, the City will send a letter notifying the employee that coverage will be dropped on a specified date unless the employee’s share of premium is received before that date.
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60 If an employee does not return to work for at least thirty (30) calendar days following the end of the leave period (unless the employee cannot return to work because of a serious health condition or other circumstance beyond the employee’s control), the employee will be required to reimburse the City for the cost of the premiums the City paid for maintaining coverage during their unpaid FMLA/CFRA leave.
25.5 Job Restoration
At the end of FMLA/CFRA leave, subject to some exceptions including situations where job restoration of “key employees” will cause the City substantial and grievous economic injury, employees generally have the right to return to the same or equivalent positions they held before the FMLA/CFRA leave. The City will notify employees if they qualify as “key employees”, if it intends to deny reinstatement, and of their rights in such instances. Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee’s FMLA/CFRA leave.
25.6 Notice of Eligibility for and Designation of FMLA/CFRA Leave Employees requesting FMLA/CFRA leave are entitled to receive written notice from the City telling them whether they are eligible for FMLA and/or CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of: (1) their rights and responsibilities in connection with such leave; (2) the City’s designation of leave as FMLA/CFRA-qualifying or non-qualifying, and if not FMLA/CFRA- qualifying, the reasons why; and (3) the amount of leave, if known, that will be counted against the employee’s leave entitlement.
The City will respond to a leave request within five (5) business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. The City may designate FMLA/CFRA leave retroactively with appropriate notice and provided that doing so does not cause harm or injury to the employee. In other cases, the City and employee can mutually agree that leave be retroactively designated as FMLA/CFRA leave.
25.7 Employee Obligations
25.7.1 Notice Obligations
Employees who take FMLA/CFRA leave must timely notify the City of their need for FMLA/CFRA leave. To trigger FMLA/CFRA leave protections, employees must inform the City’s Human Resources Department of the need for FMLA/CFRA- qualifying leave and the anticipated timing and duration of the leave, if known.
Employees may do this by either requesting FMLA/CFRA leave specifically, or explaining the reasons for leave so as to allow the City to determine that the leave is FMLA/CFRA qualifying. For example, employees might explain that:
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61 A medical condition renders them unable to perform the functions of their job;
They are pregnant or have been hospitalized overnight; They or a covered family member are under the continuing care of a health care provider;
The leave is due to a qualifying exigency caused by a military member being on covered active duty or called to covered active duty status; or If the leave is for a family member, that the condition renders the family member unable to perform daily activities or that the family member is a covered servicemember with a serious injury or illness.
Calling in “sick” without providing the reasons for the needed leave, will not be considered sufficient notice for FMLA/CFRA leave under this policy. Employees must respond to the City’s lawful questions to determine if absences are potentially FMLA/CFRA-qualifying.
If an employee fails to explain the reasons for FMLA/CFRA leave, the leave may be denied. When an employee seeks leave due to a FMLA/CFRA-qualifying reason for which the City previously provided FMLA/CFRA-protected leave (e.g., in cases of use of intermittent leave), the employee must specifically reference the qualifying reason for the leave or the need for FMLA/CFRA leave.
25.7.2 Cooperating in the Scheduling of Leave
When planning medical treatment for the employee or family member or requesting to take leave on an intermittent or reduced schedule work basis, employees must make a reasonable effort to consult with the City and make a reasonable effort to schedule treatment so as not to unduly disrupt the City’s operations. Employees must make a reasonable effort to consult with the City prior to the scheduling of treatment in order to work out a treatment schedule which best suits the needs of both the City and the employee, subject to the approval of the applicable health care provider. To the extent permitted by law, when an employee takes intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including a period of recovery from a serious health condition, or to care for a covered servicemember, the City may temporarily transfer the employee to an alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave.
25.7.3 Submit Medical Certifications Supporting Need for Leave Depending on the nature of FMLA/CFRA leave sought, employees may be required to submit medical certifications supporting their need for FMLA/CFRA- qualifying leave. There generally are three (3) types of FMLA/CFRA medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification.
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62 It is the employee’s responsibility to provide the City with timely, complete and sufficient medical certifications. Whenever the City requests that an employee provide an FMLA/CFRA medical certification, the employee must provide the requested certification within fifteen (15) calendar days after the City’s request, unless it is not practicable to do so despite an employee’s diligent, good faith efforts. The City will inform the employee if a submitted medical certification is incomplete or insufficient and provide the employee at least seven (7) calendar days to cure deficiencies. The City will delay or deny FMLA/CFRA leave to an employee who fails to timely cure deficiencies or otherwise fails to timely submit a requested medical certification.
With the employee’s permission, the City (through individuals other than an employee’s direct supervisor) may contact the employee’s health care provider to authenticate a medical certification.
Whenever the City deems it appropriate to do so, it may waive its right to receive timely, complete and/or sufficient FMLA/CFRA medical certifications.
25.7.3.1 Initial Medical Certifications
Employees requesting leave because of their own or a covered family member’s serious health condition, or to care for a covered servicemember, must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family or service member. If employees provide at least thirty (30) days’ notice of medical leave, they should submit the medical certification before leave begins.
If the City has reason to doubt an initial medical certification regarding an employee’s own serious health condition, it may require the employee to obtain a second opinion at the City’s expense. If the opinions of the initial and second health care providers differ, the City may, at its expense, require the employee to obtain a third, final and binding certification from a health care provider designated or approved jointly by the City and the employee. The City will reimburse the employee for any reasonable “out of pocket” travel expenses incurred to obtain second or third medical opinions. Except in very rare circumstances, the City will not require an employee to travel outside normal commuting distance for purposes of obtaining second or third medical opinions.
25.7.3.2 Medical Recertifications
Depending on the circumstances and duration of FMLA/CFRA leave, the City may require that an employee provide recertification of a medical condition giving rise to the need for leave. The City will notify the employee if recertification is required and will give the employee at least fifteen (15) calendar days to provide medical recertification. In cases of leave that qualifies under the CFRA, recertification will be requested only when the original certification has expired and additional leave is requested.
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63 25.7.3.3 Return to Work/Fitness for Duty Medical Certifications Unless notified that providing such certification is not necessary, an employee returning to work from an FMLA/CFRA leave that was taken because of the employee’s own serious health condition must provide the City with a release to return to work from his or her health care provider stating that the employee is able to resume work. An employee taking intermittent leave may be required to provide a return to work release for such absences up to once every thirty (30) days if reasonable safety concerns exist regarding the employee’s ability to perform his or her duties. The City may delay and/or deny job restoration until an employee provides a return to work/fitness for duty certification.
25.7.4 Submit Certifications Supporting Need for Military Family Leave Upon request, the first time an employee seeks leave due to a qualifying exigency arising out of the covered active duty or call to covered active duty status of a military member, the City may require that the employee provide: (1) a copy of the military member’s active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to active duty status and the dates of the military member’s covered active duty service; and (2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to covered active duty status of the same or a different military member.
When leave is taken to care for a covered servicemember with a serious injury or illness, the City may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with the FMLA regulations, the City may request that the certification set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave.
25.7.5 Reporting Changes to Anticipated Return to Work
If an employee’s anticipated return to work date changes and it becomes necessary for the employee to take more or less leave than originally anticipated, the employee must provide the City with reasonable notice (i.e., within two business days) of the employee’s changed circumstances and new return to work date. If an employee gives the City unequivocal notice of the employee’s intent not to return to work, the employee will be considered to have voluntarily resigned and the City’s obligation to maintain health benefits (subject to COBRA requirements) and to restore the employee to a position will cease.
27.7.6 Substitute Paid Leave for and Unpaid FMLA/CFRA Leave If leave is unpaid, the following requirements apply to the leave:
1. If an employee requests FMLA/PDL leave because of disability due to pregnancy, childbirth or related medical conditions, the employee must first 169
64 substitute any accrued paid sick leave for unpaid family/medical leave. An employee may make a written request to substitute accrued, unused vacation and compensatory time off hours for unpaid FMLA/PDL leave once the employee’s sick leave time is exhausted.
2. If an employee requests FMLA/CFRA leave for their own serious medical condition, the employee shall first use all accrued sick leave for the unpaid family/medical leave. Once the employee has exhausted their sick time, the employee will be required to use any other paid accrued leaves, including paid vacation or compensatory time off.
3. If an employee requests FMLA/CFRA leave to care for a covered family member with a serious health condition, the employee must first substitute any accrued vacation and/or compensatory time off for unpaid family medical leave. Once the employee has exhausted their vacation or compensatory time off, the employee can use their available sick time.
4. If an employee requests leave to bond with a child, including adoption and foster care placement purposes, the employee must substitute any accrued vacation or compensatory time off for unpaid family/medical leave. The use of sick leave is not permitted for this purpose.
For purposes of this section, leave is not “unpaid” during any leave time for which an employee is receiving compensation from the State of California under the State Disability Insurance program or Paid Family Leave program, through the workers’ compensation system or through the City’s disability pay program. Employees will not be required to use accrued paid leaves for any time off under this policy for which they are receiving compensation under these programs. Where applicable and permitted by law, employees will be required to use vacation and/or sick leave during any waiting period applicable to these programs.
Upon written request, the City will allow employees to supplement disability insurance, paid family leave benefits, or workers’ compensation benefits with accrued, unused sick leave, vacation and compensatory time off, so long as such leave accruals are used for purposes permitted by the policy which provides for the leave.
The substitution of paid time off for unpaid family/medical leave time does not extend the length of any FMLA/CFRA leave and the paid time off runs concurrently with the FMLA/CFRA entitlement.
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65 26 Other Leaves
26.1 Unpaid Personal Leave
26.1.1 Requests for Leave
An employee who needs a leave of absence from work without pay shall file a written request with the Human Resources Department, stating the title of the employee’s position, the beginning and ending dates of the requested leave and a full statement for such a request. A request for a personal leave shall be made upon forms prescribed from the City. The request shall normally be initiated by the employee, but may be initiated by the employee’s supervisor or Department Head.
26.1.2 Reasons for Leave
A personal leave may be granted for the following reasons:
1. Illness or non-job related disability including pregnancy, beyond or in lieu of that covered by sick or other available leave;
2. Education or training which will benefit the City; or
3. Other personal reasons provided the needs of the City are considered.
26.1.3 Authorized Leaves of Absence
Upon written request of an employee setting forth the reasons for the request, and upon the recommendation of the Department Head, the City Manager may grant an employee holding a regular position appointment a leave of absence for a period not to exceed six (6) months. Absences of more than six (6) months require the approval of the City Council.
The Human Resources Department may grant an employee holding a regular position appointment a leave of absence without pay for a period not to exceed thirty-one (31) calendar days per calendar year.
26.1.4 Benefits While on Leave
Authorized leaves of absence without pay shall not be construed as a break in service. Rights accrued at the time leave is granted shall be retained by the employee. However, seniority, vacation leave, sick leave, holidays, increases in salary, or other City paid benefits will not be provided during the period of leave.
Unless otherwise required by law, the City is not required to maintain contributions toward group insurance programs or retirement benefits for any employee on an unpaid leave of absence. Unless otherwise required by law, the City will discontinue any employer contribution towards health, dental, disability and/or life insurance benefits if an employee is in an unpaid status on the first of any month.
Instead, the employee will be permitted to continue coverage as allowed under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”). 171
66 26.1.5 Return from Authorized Leaves of Absence
An employee returning from a personal leave may be required to provide medical documentation indicating the employee’s fitness to return. If an employee requests to return to work prior to the scheduled end of his or her leave, the employee must first request approval from the Human Resources Department at least three (3) days prior to the date of returning to work. The Human Resources Department may request substantiating evidence (e.g., medical examination or doctor’s written release).
26.2 Jury Duty and Court Appearances
26.2.1 Jury Duty
An employee who is summoned to serve on a jury must notify his or her Department Head as soon as possible after receiving notice of both possible and actual jury service. A leave of absence with pay will be granted to all regular employees for the period of any actual service, including any time during which the employee must be away from work to be present in court as the result of such a summons. Other employees will receive an unpaid leave of absence. While on jury duty, any payment except travel pay, meals and lodging received by the employee as a juror shall be remitted to the City. Time spent on jury duty is not work time for purposes of calculating overtime compensation.
26.2.2 Subpoenas
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which they perceived or investigated in the course of performing their official City job duties will be permitted to appear in response to the subpoena without loss of compensation. The time spent appearing in court in response to such a subpoena will be considered work time. Any payment except travel pay, meals and lodging receiving by the employee for such service shall be remitted to the City.
26.2.3 Exception for Employee-Initiated or Non-City Related Matters An employee who is a named party in an action unrelated to the City and its activities, who is a named party in an action against the City, or who is serving as a paid expert witness is not eligible to receive compensation for time spent related to those proceedings. In such cases, an employee may request to receive time off without pay, or may use accrued vacation or compensatory time off for time spent related to those proceedings. The time spent in such proceedings is not considered work time.
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67 26.3 Unpaid Leave for School Visits
26.3.1 School Activity Leave
Employees who are the parent, stepparent, guardian or grandparent of a child in kindergarten or grades one (1) through twelve (12), or attending a licensed day care facility, may take leave to participate in school activities. The total time off for school activities leave cannot exceed eight (8) hours in any calendar month or forty (40) hours in any school year. Employees requesting time off under this provision must first use accrued vacation time and/or compensatory time off for school activity leave. If an employee does not have any accrued vacation and/or compensatory time off, then unpaid leave will be granted.
Employees must provide reasonable advance notice to their Department Head.
Employees may be required to provide their Department Head with documentation from the child’s school or licensed day care facility as proof that the employee participated in the activity on a specific date and at a specific time.
If both parents are employed by the City, the parent who first gives notice to their Department Head will be covered by the above provisions. The other parent may take time off only if the other parent obtains the approval of their Department Head.
26.3.2 Required School Attendance
If an employee is a parent, guardian or grandparent with custody of a child who has been suspended from school and/or the employee receives notice from the child’s school requesting that they appear pursuant to a request made under section 48900.1 of the Education Code, the employee may take unpaid time to appear at the school. An employee is permitted to use accrued leaves (such as vacation, compensatory time off, or administrative leave; but not sick leave) when taking time off under the provisions of this Personnel Rule; otherwise, such time shall be without pay.
The employee must, prior to the planned absence, give reasonable notice to their Department Head that the employee has been requested to appear at the child’s school. Employees may be required to provide their Department Head with documentation that the employee is required to appear at the school on a specific date and at a specific time.
26.4 Military Leave
26.4.1 Policy
Authorized leaves of absence for military duty shall be granted in accordance with the provisions of state and federal law, including Section 395 of the California Military and Veterans Code and the Uniformed Services Employment Reemployment Rights Act.
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68 26.4.2 Notification Requirements
An employee entitled to military leave shall give the City Manager or designee an opportunity within the limits of the military regulations to determine when such leave shall be taken.
26.4.3 Temporary Military Leave
An employee who is a member of the reserve corps of the Armed Forces of the United States or the National Guard, or the Naval Militia shall be entitled to a temporary military leave of absence while engaged in military duty ordered for purposes of active military training, inactive duty training, encampment, naval cruises, special exercises or like activity. Temporary military leave is available when the ordered duty does not exceed one hundred and eighty (180) calendar days, including time involved in going to and returning from that duty. An employee with at least one (1) year of City service who is on temporary military duty for purposes of inactive duty training will receive with pay during the period leave. An employee with at least one (1) year of City service who is on temporary military leave for any purpose other than inactive duty may receive up to thirty (30) days of paid military leave in a fiscal year.
26.4.4 Extended Military Leave
An employee who enlists, is ordered into active-duty service of any length or active-duty training in excess of one hundred and eighty (180) days, is ordered into active federal military duty as a member of the National Guard or Naval Militia will be granted an extended military leave. An employee with at least one (1) year of City service who is on extended military leave may receive up to thirty (30) days of paid military leave in a fiscal year.
26.4.5 Transition Period to Return to City Service
The time for an employee on military leave to return to City service is dependent on the duration of the employee’s military leave. For absences of up to thirty (30) consecutive days, the service member is entitled to safe travel time from place of duty to their residence, plus eight (8) hours of rest. The service member must report to work at the beginning of their first normal shift on the first full calendar day following this period. For absences of thirty-one (31) to one hundred and eighty 180) days, the service member must return to work not later than fourteen (14) days after completing services. For absences of one hundred and eighty-one (181) days or longer, the service member must return to work not later than ninety (90) days after completing service. Employees are not eligible for military leave pay during any transition period, but can use available and accrued vacation and compensatory time off.
26.4.6 Pay While on Military Leave
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69 Any individual who has been employed by the City for at least one (1) year and who is on an approved military leave will receive their regular salary or regular pay for the first thirty (30) calendar days of such leave in a fiscal year.
26.5 Time Off for Volunteer Firefighters, Reserve Peace Officer or Emergency Rescue Personnel
An employee who is volunteer firefighter, reserve peace officer, or “emergency rescue personnel” for an entity other than the City shall be permitted to take temporary leaves of absence, up to a total of fourteen (14) days per calendar year, to engage in fire or law enforcement training.
“Emergency rescue personnel” means any person who is an officer, employee, or member of a fire department or fire protection or firefighting agency of the federal government, State of California, a city, county, city and county, district, or other public or municipal corporation or political subdivision of California, or of a sheriff’s department, police department, or a private fire department, whether that person is a volunteer or partly paid or fully paid, while they are actually engaged in providing emergency services.
An employee is permitted to use accrued leaves (such as vacation, compensatory time off, or administrative leave; but not sick leave) when taking time off under the provisions of this Personnel Rule; otherwise, such time off shall be without pay.
Except in cases of emergency, employees must provide notice to their supervisor or the Department Head prior to utilizing leave under this policy.
26.6 Time Off for Voting
If an employee does not have sufficient time outside of working hours to vote in a statewide election, they may, without loss of pay, take off sufficient working time to vote. This time should be taken at the beginning or end of the regular work schedule, whichever allows the most free time for voting and the least time off from working, unless otherwise mutually agreed. An employee will be allowed a maximum of two (2) hours of voting leave on election day without loss of pay. If time off for voting is required, the employee must notify their supervisor of the need for leave at least two (2) working days prior to the election day.
26.7 Lactation Leave
The City shall provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time, if possible, must run concurrently with rest and meal periods already provided to the employee. If the break time cannot run concurrently with rest and meal periods already provided to the employee, the break time will be unpaid.
The City shall make a reasonable effort to provide the employee with the use of a room or other location (other than a bathroom) in close proximity to the employee’s work area so that the employee may express milk in private. If the City is unable 175
70 to provide a permanent lactation room, a temporary lactation location will be set up upon request and in compliance with the law.
26.8 Workers’ Compensation Leave
Employees injured in the performance of their duties shall be eligible for all rights, privileges and compensations provided for under the City’s workers’ compensation plan.
26.9 Leave for Victims of Violent Crimes or Domestic Violence An employee who has been the victim of a violent crime or domestic violence may take time off to:
1. Appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding;
2. Seek medical or psychological assistance; or
3. Participate in safety planning to protect against further assaults.
An affected employee must give the City reasonable notice that they are required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid, except that an employee may be permitted to use accrued vacation, compensatory time off, and/or sick leave consistent with City policy.
26.10 Return from Leave
An employee who has been on a leave of absence due to injury or illness is expected to report to work upon being medically released to return to duty. This includes reporting when the employee has been released for modified duty. If an employee is released to return to modified duty, the City will determine if there is any modified duty available. If an employee is offered modified duty and they decline the offered work, the employee may be permitted to use accrued vacation or compensatory time off. The employee will not be permitted to use sick leave or administrative leave.
26.11 Failure to Return from Leave
Failure of an employee to return to work upon the end of any authorized or approved leave of absence will be deemed job abandonment under these Rules.
26.12 Holidays
Unless provided in a memorandum of understanding, written employment contract or pursuant to a resolution adopted by the City Council, no employee will receive paid holidays or additional compensation for performing work on a holiday.
26.13 Vacation Leave
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71 Unless provided in a memorandum of understanding, written employment contract or pursuant to a resolution adopted by the City Council, no employee will accrue paid vacation.
26.14 Bereavement Leave
Unless provided in a memorandum of understanding, written employment contract or pursuant to a resolution adopted by the City Council, the use of paid leave up to three days and/or unpaid leave up to five days in the case of the death of an immediate family member including spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half- brothers, half-sisters, fathers-in-law, and mothers-in-law. The leave must be used within six months of the date of death. Employees may utilize accrued leave for the remaining two days. The City may request certain documentation to be provided within 30 days of that death.
Effective the first pay period in 2024, the City will provide unpaid leave up to five days following a reproductive loss event, which includes the day or, for a multiple- day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction.
If an employee experiences more than one reproductive loss event within a 12- month period, the City will grant employees up to 20 days of reproductive loss within a 12-month period. Employees may utilize accrued leave, including accrued and available paid sick leave.
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72 27 Equal Employment Opportunity
The City is an equal opportunity employer. The City prohibits discrimination against employees or applicants for employment on the basis of race, religious creed, color, ancestry, national origin, sex, age, political opinion, physical disability, medical condition, sexual orientation, marital status or religious affiliation or any other basis protected by law. The City will afford equal employment opportunity to all qualified employees and applicants as to all terms and conditions of employment, including compensation, hiring, training, promotion, transfer, discipline and termination. Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure in Rule 29.
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73 28 Reasonable Accommodations
28.1 Accommodation of Individuals with Disabilities
The City recognizes and supports its obligation to reasonably accommodate job applicants and employees with disabilities who are able to perform the essential functions of the position, with or without reasonable accommodation. The City will provide reasonable accommodation to otherwise qualified job applicants and employees with known disabilities unless doing so would impose an undue hardship on the City or pose a direct threat of substantial harm to the employee or others.
An applicant or employee who believes he or she needs a reasonable accommodation of a disability should discuss the need for possible accommodation with the Human Resources Director or designee. Upon receiving an accommodation request, the City shall engage in a timely interactive process with the employee to identify possible reasonable accommodations.
28.2 Accommodation of Religious Beliefs and Practices
The City recognizes and supports its obligation to reasonably accommodate job applicants and employees with religious beliefs or practices who are able to perform the essential functions of the position, with or without reasonable accommodation. The City will provide reasonable accommodation to otherwise qualified job applicants and employees, unless doing so would impose an undue hardship on the City.
An applicant or employee who believes he or she needs a reasonable accommodation of a religious belief or practice should discuss the need for a possible accommodation with the Human Resources Director or designee. 179
74 29. Prohibition Against Harassment, Discrimination, and Retaliation
29.1 Policy Statement
The City is committed to providing all employees, applicants, officers, officials, volunteers, interns and contractors with a workplace that is free from harassment, discrimination or retaliation from any individual as defined in this policy. The City does not tolerate and prohibits harassment, discrimination or retaliation on the basis of race, religious creed, color, sex, national origin, ancestry, gender, gender identity, gender expression, sexual orientation, marital status, age, disability, medical condition as defined by state law (cancer or genetic characteristic), military service and veteran status, pregnancy, childbirth and related medical conditions, or any other basis protected by applicable state, federal or local law. Any violation of this rule will lead to disciplinary action, up to and including termination.
Discrimination, harassment and retaliation are also prohibited by law.
29.2 Rule Coverage
The City’s rule against harassment, discrimination and retaliation prohibits elected officials, appointed officials, officers, employees, volunteers, interns and contractors from harassing or discriminating against applicants, officers, officials, employees, volunteers, interns, contractors, and members of the public because:
(1) of an individual’s protected characteristic; (2) of the perception that an individual has a protected characteristic; or (3) the individual associates with a person who has or is perceived to have a protected classification.
29.3 Definitions
29.3.1 Protected Characteristic
Protected characteristic refers to an employee’s race, religious creed, color, sex, national origin, ancestry, gender, gender identity, gender expression, sexual orientation, marital status, age, disability, medical condition as defined by state law (cancer or genetic characteristic), military service and veteran status, pregnancy, childbirth and related medical conditions, or any other basis protected by applicable state, federal or local law.
29.3.2 Discrimination
Discrimination is defined as treating an individual differently or granting a benefit to an individual because of the individual’s protected characteristic.
29.3.3 Harassment
Harassment is defined as unwelcome conduct that creates an intimidating, offensive or hostile work environment that interferes with work performance and which is taken because of any protected characteristic. Harassing conduct denigrates or shows hostility or aversion towards an individual because of a protected characteristic. Harassing conduct can be:
Verbal, including slurs, jokes, insults, epithets, gestures or teasing; 180
75 Graphic, including offensive posters, symbols, cartoons, drawings, computer displays, or e-mails; and/or
Physical, including physically threatening another, blocking someone’s way or touching.
Such conduct violates this rule, even if it is not unlawful. To ensure compliance with this rule, employees are expected to behave in a professional and respectful manner at all times.
29.3.4 Sexual Harassment
Sexual harassment can include harassing conduct as defined above, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature. Examples of conduct that violates this policy include:
Unwelcome sexual advances, flirtations, advances, leering, whistling, touching, pinching, assault, blocking normal movement;
Requests for sexual favors or demands for sexual favors in exchange for favorable treatment;
Obscene or vulgar gestures, posters, or comments;
Sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies;
Propositions, or suggestive or insulting comments of a sexual nature; Derogatory cartoons, posters, and drawings;
Sexually explicit emails or voicemails;
Uninvited touching of a sexual nature;
Unwelcome sexually-related comments;
Conduct or comments consistently targeted at only one gender, even if the content is not sexual; or
Teasing or other conduct directed toward a person because of the person’s gender.
All such conduct is unacceptable in the workplace and in any work-related setting, such as work-related trips and work-related social functions, regardless of whether the conduct is engaged in by an employee, official, contractor, vendor, or other third-party.
29.3.5 Retaliation
Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation process described below. “Adverse conduct” includes but is not limited to: shunning and avoiding an individual who reports harassment, discrimination or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting harassment, discrimination or retaliation; and denying employment benefits 181
76 because an applicant or employee reported harassment, discrimination or retaliation or participated in the reporting and investigation process described below.
29.4 Reporting Procedures
An applicant, employee, officer, official or contractor who feels he or she has been harassed, discriminated against or retaliated against in violation of this Rule should report the conduct immediately to either a supervisor, a Department Head, the Human Resources Director or the City Manager. Any supervisor or Department Head who receives a complaint alleging a violation of this policy must in turn direct the complaint to the City Manager or designee who will determine what level of investigation and response is necessary.
The City will promptly investigate the facts and circumstances of any claimed violation of this Rule. To the extent possible, the City will endeavor to keep the reporting employee’s concerns confidential. Complete confidentially may not be possible in all circumstances due to the need to fully investigate potential violations of this Rule and take effective remedial action.
Upon receipt of a complaint of a potential violation of this Rule, the City Manager or designee will be responsible for coordinating a thorough investigation (unless they are named in the complaint). The City Manager or designee may coordinate the investigation with the complainant’s Department Head and may hire an outside investigator if deemed appropriate. The type of investigation undertaken, and the party chosen to conduct the investigation will depend on the nature of the complaint made and will be determined by the City Manager or designee. The City Manager or designee may take interim action, such as placing the alleged perpetrator on paid administrative leave or transferring the alleged perpetrator. If the complaint is made against the City Manager, the Mayor or the Mayor’s designee will be responsible for coordinating the investigation.
During the investigation, the investigator will generally interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. Upon completion of the investigation, the City shall determine if this policy has been violated based upon its reasonable evaluation of the information gathered during the investigation. The City will inform the complainant and the accused of the results of the investigation.
If it is determined that conduct occurred in violation of this Rule, the City will take corrective measures, if the City determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, who the City determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination.
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77 29.5 Dissemination of Policy
All City officials, officers, employees, volunteers and interns shall receive a copy of this policy when they are hired. The policy may be updated from time to time and, as such times, will be redistributed to all employees. 183
78 30 Workplace Violence Policy
30.1 Policy Statement
The City is committed to providing a safe and secure workplace for employees.
The City will not tolerate intimidating behavior, bullying, or acts or threats of violence in the workplace or while on City business from any individual. This rule applies to all City employees, officers, elected officials, volunteers and contractors.
Any violation of this rule will lead to disciplinary action, up to and including termination.
30.2 Definitions
30.2.1 Assault
Assault is defined as attacking someone physically or verbally, causing bodily or emotional injury, pain, and/or distress. This may or may not involve the use of a weapon and includes actions such as: striking, hitting, punching, pushing, poking, kicking, grabbing, or pinching another person.
30.2.2 Bullying
Bullying is defined as unreasonable behavior that generally is persistent, and that demeans, intimidates and humiliates one or more employees or member of the public. Bullying can take many forms and includes, but is not limited to: slandering, ridiculing or maligning a person or their family; persistent name calling which is hurtful, insulting or humiliating; using a person as the butt of jokes, verbal assault, making non-verbal threatening gestures, and socially or physically excluding or disregarding a person in work-related activities. Such conduct can also occur via use of electronic or telephone communications, such as the internet, email, blogs, text messages, or misuse of cameras and/or recording equipment.
30.2.3 Intimidating Behavior
Intimidating behavior is defined as threats or other conduct that is intended to or can reasonably result in causing others to be afraid for their safety. Intimidation includes forcing a person into or deterring a person from taking some action by inducing concerns for their safety by means of any physical action, gesture and/or verbal comment.
30.2.4 Prohibited Weapon
The phrase “prohibited weapon” means
Any loaded or unloaded firearm, even if the person has a valid permit for a concealed weapon.
Any dangerous weapon such as switchblade knives, clubs, or metal knuckles.
All knives with a fixed or fixable blade exceeding four (4) inches. BB or pellet guns, CO2 or spring action, spot marker or paint guns. 184
79 Laser guns, stun guns, tasers, or unauthorized tear gas weapons, except that pepper spray, mace and similar small spray devices may be possessed for self-defense pursuant to Penal Code section 12403.7. Any “generally prohibited weapon” as defined by Penal Code Section 16590.
30.2.5 Threat
A threat is defined as any action (verbal, written or physical) that could be interpreted by a reasonable person as conveying intent to cause harm to a person or property. This includes threats that are made in jest but which others could perceive as serious.
30.2.6 Violence
Violence is defined as an action, whether verbal, written, or physical aggression, that is intended to cause, or is capable of causing injury to oneself or another, emotional harm, or damage to property.
30.2.7 Workplace
Workplace is defined as anywhere a City employee is conducting authorized City business, including but not limited to, vehicles en route to and from a location where City business is, will be, or has been conducted; all City-owned buildings, properties, garages, and parking facilities; and any work space occupied by City employees, whether or not the space is owned or leased by the City.
30.3 Prohibited Behavior
All employees, officials, officers, volunteers and City contractors are required to treat each other and customers with dignity and respect. To that end, all employees, officials, officers, volunteers and City contractors are prohibited from engaging in any of the following conduct in the workplace:
1. Assaulting or threatening another person.
2. Engaging in violence or making threats of violence directed at another person.
3. Engaging in intimidating behavior directed at another person, including but not limited to loud, disruptive, or angry behavior or language.
4. Engaging in bullying of another person.
5. Intentionally damaging City property or the property of another.
6. Threatening to damage City property or the property of another.
7. Throwing or kicking objects.
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80 8. Fighting or challenging another person to a fight.
9. Being in possession of a prohibited weapon at any City workplace or in connection with the conduct of City business without regard to location, except that this prohibition shall not apply to any law enforcement officer or other City employee who is required by the City to carry one or more prohibited weapons in order to perform the duties of his or her position so long as the prohibited weapon is only used as authorized and in the performance of the employee’s official duties.
10.Violating any law related to carrying a legal self-defense weapon.
30.4 Procedures for Responding to Acts of Workplace Violence
30.4.1 Immediate Steps
If an act or altercation constitutes an emergency – CALL 911 IMMEDIATELY.
After the authorities have been contacted, immediately contact a supervisor, Department Head, Human Resources Department or City Manager. In situations that are not emergencies, employees should contact their immediate supervisor, Department Head, Human Resources Department, or City Manager. All reports of potential violations of this rule must be reported to the Human Resources Department.
Employees responding to an actual or potential act of violence should do their best to remain calm and not escalate the situation. Employees should not try to shout down the other person or make any aggressive moves towards the other person, including but not limited to, unnecessary use of defensive sprays or defensive weapons or take any unnecessary action that may result in injury to themselves or others.
30.4.2 Investigation
Upon receipt of a report of a potential violation of this policy, the Human Resources Department shall immediately undertake or direct an investigation into the allegations at issue. The investigation will typically include, but may not be limited to, interviews with reporting individual, the accused, and any other individual who are believed to have relevant knowledge concerning the allegations. All witnesses will be admonished that retaliation against those who participate in the investigation process is prohibited.
30.4.3 Corrective Action and Discipline
Any employee determined to have violated this rule will be subject to appropriate disciplinary action, up to and including termination. Disciplinary action may also be taken against any employee who knowingly condones or ignores a potential violation of this policy or otherwise fails to take appropriate action to enforce this rule. Any contractor found to be responsible for violating this rule will be subject to appropriate sanctions.
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81 30.5 Protective and Restraining Orders
The City reserves the right to seek a “stay away” or restraining order against any person who violates this policy to the fullest extent allowed by law. The City may also seek a restraining order against individuals who are not City employees who pose a threat to City employees or others conducting business on City property.
Employees who have previously sought a restraining order against an individual and/or are protected by an existing order, should provide to their Department Head and the Human Resources Department: (1) a copy of the petition or application and declarations used to seek the order; (2) a copy of any temporary protective or restraining order which is granted; and (3) a copy of any protective or restraining order which is made permanent. Employees should inform the Human Resources Department or their Department Head of any violations or attempted violations of the order and any changes to the order. Employees must also inform their Department Head and the Human Resources Department when the order is lifted.
30.6 Searches
The City may need to conduct searches for purposes of enforcing this policy, to the extent allowed by law. The discovery of any violation of this policy during a search will result in disciplinary action, up to and including termination. The discovery of any violation of any other City policy as a result of a search will also result in disciplinary action, up to and including termination. Any illegal activity discovered during a search is subject to referral to the appropriate law enforcement authorities.
30.7 Responsibilities
30.7.1 Individual Employees, Contractors and Volunteers Every City employee, official, officer, appointed officer, contractor and volunteer is required to:
1. Conduct themselves consistently with this workplace security rule and restrain from engaging in any threatening or bullying behavior in the workplace;
2. Refrain from engaging in any acts of violence in the workplace;
3. Immediately report any potential violation of this policy to a supervisor, Department Head, Human Resources Department, and/or the City Manager. Failure to report any known threats, acts of violence or other violation of this policy may result in disciplinary action; and
4. Report to their supervisors, Department Head, Human Resources Department, and/or City Manager, any situations that occur outside the workplace which may affect workplace security (e.g., instances where protections orders have been issued, threats occurring outside the workplace, physical violence by a co-worker or any individual that could impact the workplace.)
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82 5. Cooperate with any investigation into potential violations of this policy conducted by the City by responding fully and truthfully to all questions posed during the investigation; and
6. Maintain the confidentiality of any investigation conducted by the City under this policy by not disclosing the substance of any investigatory interview, except as directed by their Department Head or with official legal and/or union representation as allowed under local, state or federal laws.
30.7.2 Elected and Appointed Officials, Department Heads, Managers and Supervisors
In addition to the responsibilities listed above for all employees, all elected officials, appointed officials, officers, Department Heads, managers and supervisors are responsible for the following:
1. Be familiar with this policy and model behavior that is consistent with it;
2. Inform all employees, contractors and volunteers under their direction of this policy and its complaint procedure;
3. Immediately report any potential violation of this policy to the Human Resources Department and/or City Manager;
4. Receive complaints that allege violations of this policy in a fair and serious manner, document steps taken to resolve the problem, and follow up with the complaining employee to ensure that the employee feels safe and there has been no further violation of this policy;
5. Ensure compliance by employees, contractors and volunteers under their direction with the provisions of this policy;
6. Implement appropriate disciplinary action based upon the findings of any investigation conducted pursuant to this policy;
7. Regularly monitor the work environment and take immediate and appropriate action to potential and actual violations of this policy; and
8. Participate in periodic training and schedule employees for training.
30.8 Record Keeping
The Division of Occupational Safety and Health (known as Cal OSHA) requires entry on the Injury Illness Log of any injury which requires more than first aid, is a lost time injury, requires modified duty or causes loss of consciousness. Assaults should be entered on the log and any required reports shall be kept of each recorded assault.
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83 31 Alcohol and Drug-Free Workplace
31.1 Policy Statement
The City is committed to providing a safe and healthy work environment for employees. It is also the City’s goal to provide the best service possible to the public. To achieve these goals, the City is committed to providing an alcohol and drug-free workplace. The City has adopted this policy governing the use, possession and sale of drugs and alcohol by its employees.
This policy prohibits the manufacture, use, possession, distribution, trade, and/or offer for sale of alcohol, illegal drugs or intoxicants. This policy applies during all working hours, lunch hours and whenever conducting business or representing the City, while on-call, on-standby, and on or off City property including vehicles. This policy applies to any individual who conducts business for the City, is applying for a position with the City, or conducts business on the City’s property. This policy also applies to all City employees, appointed and elected officials, volunteers, interns, consultants, contractors, and those under the control of contractors.
31.2 Prohibited Substances
31.2.1 Alcohol
Employees may not use, be under the influence, or possess alcohol under any of the following circumstances: while on City property, while performing their duties (whether or not on City property) or while on City time when alcohol would impair, to any extent, the employee’s ability to perform their duties or to operate any City equipment. “Alcohol” is defined as the intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols, including methyl or isopropyl alcohol.
31.2.2 Drugs or Controlled Substances
No employee shall possess, use, sell, transfer, manufacture, purchase or transport drugs or attempt to do so or report to work with drugs in his or her system. No employee shall possess, use, sell, transfer, manufacture, purchase or transport prescription drugs, or attempt to do so, or report to work with prescription drugs in his or her system, unless the prescription drug has been lawfully prescribed to the employee. “Drug” or “drugs” are defined as any controlled substance that is not legally obtainable under state or federal law, or a prescription drug obtained or used without benefit of a prescription by a licensed physician. “Drug” or “drugs” includes medicinal or recreational marijuana, regardless of whether the marijuana was lawfully obtained under state law.
31.2.3 Prescription Drugs
No prescription drug shall be possessed or used by an employee other than the employee for whom the drug is prescribed by a licensed medical practitioner. A prescription drug shall be used only in the manner, combination, and quantity prescribed. “Prescription drug” is defined as any substance that can be lawfully 189
84 obtained or possessed pursuant to a prescription by a licensed physician.
Prescription drug does not include medicinal marijuana.
Employees shall ask the prescribing physician and/or in the case of a medication available over-the-counter, review product packaging, to determine whether the use of a prescription drug or over-the-counter medication may impair their ability to perform normal job duties or to safely operate City equipment. An employee taking any over-the-counter medication or prescription drug marked “do not drive,” “do not operation heavy equipment,” or similarly labeled, shall inform the appropriate supervisor or the Human Resources Department of the use of the medication or drug prior to reporting for duty. When informing a supervisor and/or the Human Resources Department, the employee should not identify the name of the medication being used or the reason for its use.
The City will then evaluate and respond to this information on a case-by-case basis. The appropriate supervisor, in conjunction with the Human Resources Department, shall determine whether the employee may work, full duty or light duty, based on the written opinion of the employee’s medical provider that the use of the medication may impair the employee’s ability to perform specific duties.
Upon determination that an employee is unable to safely perform his or her normal duties, or that a modified work assignment is not available, an employee may be directed not to work and to return home on paid leave or other leave as appropriate.
In the event there is a question regarding an employee’s ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from a qualified treating physician may be required.
An employee’s failure to provide any notice required under this section in a timely manner can result in discipline, up to and including termination.
31.3 Prohibited Conduct
City employees and officials are prohibited from the following acts:
1. Being under the influence of, or in possession of alcohol, drugs, or controlled substances when reporting for work.
2. Ingesting, injecting, or otherwise using alcohol, drugs, or controlled substances while performing job duties, except in accordance with Section
31.2.3 above regarding prescription drugs and/or over-the-counter medications where applicable.
3. Being under the influence of alcohol, drugs, or any controlled substances while subject to being called to duty, including stand-by time.
4. Performing a safety-sensitive function within four (4) hours of using alcohol or while using alcohol.
5. Directly, or through a third party, manufacturing, selling, distributing, dispensing, otherwise attempting to manufacture, sell, or distribute alcohol, drugs, or controlled substances during work hours, including rest breaks, or while on City property.
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85 6. Use of City property or premises to manufacture, sell, or distribute alcohol, drugs, or controlled substances.
7. Absence or tardiness as a result of having been under the influence of alcohol, drugs, or uncontrolled substances during non-work time.
8. Refusing to submit immediately to any alcohol, drug, or controlled substance test required by this policy when directed by the City. Refusal includes but is not limited to:
a. A refusal to provide a urine sample for testing;
b. An inability to provide a urine sample without a valid medical explanation;
c. A refusal to complete and sign a testing authorization form; d. An inability to provide breath or to provide an adequate amount of breath without a valid medical explanation;
e. Tampering with or attempting to adulterate or substitute a urine specimen;
f. Not reporting to the collection site in the time allotted by the supervisor or manager who directs the employee to be tested;
g. Obstructing the collection procedure or testing process in any way; or h. Leaving the scene of an accident involving a City vehicle or during working hours without a valid reason as to why authorization from a supervisor or manager was not obtained.
9. Consuming alcohol during the eight (8) hours immediately following an accident or drugs or controlled substances during the thirty-two (32) hours immediately following an accident in which the employee was involved, or until the employee undergoes a post-accident alcohol or drug test, whichever occurs first.
10.Refusal to submit to a search of personal properties when directed by the City, upon reasonable suspicion and in accordance with any applicable laws.
Whenever the City has reason to believe that federal, state or local drug laws are being violated, the City may refer the matter to the appropriate law enforcement agency for investigation and possible criminal prosecution.
31.4 Conviction of a Drug Statute
To fulfill its obligations under the Federal Drug-Free Workplace Act of 1988, the City requires that any employee who is convicted of any criminal drug statute, for a violation occurring in the workplace, provide written notice of that conviction to the City Manager no later than five (5) calendar days after the conviction. In case of such conviction, the City may take appropriate personnel action up to and including termination or require the employee to satisfactorily participate in and complete a substance abuse assistance or rehabilitation program. Any employee who fails to provide this notice will be subject to discipline, up to and including termination.
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86 The City shall encourage employees affected by substance abuse or addiction to seek professional help voluntarily at an early stage. However, if an employee is found to be using or under the influence of alcohol or drugs in the workplace, the employee will be subject to appropriate disciplinary action, up to and including termination.
31.5 Pre-Employment Testing
The City requires certain job applicants to take a drug and alcohol test after a conditional job offer has been given. Those applying for certain positions within the City, including jobs classified by the City as safety-sensitive positions, may be required to take and pass a mandatory drug and alcohol test as soon as practical following their acceptance of an offer of employment that is conditioned upon passing a pre-employment physical and/or drug/alcohol test.
Any external job applicant who refuses to submit to testing, or attempts to tamper with or adulterate a test sample, will be considered to have refused to participate in the testing process and shall not be hired. In addition, the applicant will not be considered for employment for a safety-sensitive position for one (1) year from the applicant’s refusal to participate in the testing process.
Any external job applicant who tests positive for drugs and/or alcohol or unauthorized prescription drug use shall not be hired. In addition, the applicant will not be considered for employment for a safety-sensitive position for one (1) year from the applicant’s last positive drug test as stated in recruitment and selection documentation.
31.6 Reasonable Suspicion Testing
If a trained Department Head or supervisor has reasonable suspicion to believe that a City employee is under the influence of alcohol and/or controlled substances in violation of this policy, after consultation with the City Manager or the Human Resources Director, the trained Department Head or supervisor may require the employee to submit to an alcohol and/or drug test. An employee’s refusal to submit to such a test is cause for discipline, up to and including termination.
The decision to require an employee to submit to a reasonable suspicion alcohol and/or drug test shall be based on a trained individual’s determination that reasonable suspicion exists that the employee is in violation of this policy. The determination must be based on specific, contemporaneous, articulable observations concerning the appearance, behavior, and speech or body odors of the employee. Such observations can include the employee's activity or inactivity, equilibrium, attention span, mental and physical reactions, slurring of speech, physical or verbal altercation, unfocused vision, odor of intoxicants on the breath or clothing of the employee or information obtained from a reliable person with personal knowledge of the work or other conduct or behavior of the employee which would lead a reasonable person to believe, based on observation, that the employee is under the influence of drugs and/or alcohol. The observations may 192
87 also include indications of the chronic or withdrawal effects of controlled substances. If possible, the Department Head or supervisor will obtain the assistance of another trained individual or witness to observe and document the above behavior factors.
The Department Head or supervisor shall arrange to safely transport employees who refuse to submit to testing home. If the employee refuses to accept the arrangements to transport the employee home, or if the employee insists on driving their own vehicle, and, in the trained individual’s judgment, the employee is not in a condition to operate a vehicle safely, the Department Head or supervisor has the discretion to summon law enforcement or medical assistance to assist in the safe transport of the employee off City property.
Pending the outcome of an alcohol or drug test, an employee will be assigned to appropriate duties until test results are received unless, in the Department Head’s judgment, the continued presence of the employee at a City workplace poses a significant safety risk to themselves, other City staff or members of the public, or is disrupting the workplace. In that event, the Department Head or designee shall arrange to safely transport the employee home and the employee shall be placed on paid administrative leave pending receipt of test results.
The Department Head or supervisor who observes the employee's behavior on which reasonable suspicion testing is based must have received at least sixty (60) minutes of training on alcohol abuse and an additional sixty (60) minutes of training on controlled-substances abuse. The training must cover the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. The person who decides that reasonable suspicion exists to conduct a controlled substance test shall not conduct the controlled substance test of the employee.
If an alcohol test is not conducted within two (2) hours of the observation, the Department Head must prepare and maintain a record stating the reasons the alcohol test was not promptly administered. No alcohol test may be administered if eight hours have passed following the observation.
A written record must be made of the observations leading to a controlled substance reasonable suspicion test, and signed by the supervisor or Department Head who made the observations, within twenty-four (24) hours of the observed behavior or before the results of the controlled substances test are released, whichever is earlier.
31.7 Post-Accident Testing
Post-accident drug and alcohol testing may be conducted on employees following an accident. An "accident " is defined as an occurrence involving a City vehicle, a private vehicle being driven on City business, or operation of power equipment that results in 1) a fatality; 2) injury to a person requiring immediate treatment at a 193
88 medical facility, except for minor injuries such as muscle strains, sprains, minor lacerations, or abrasions; 3) receipt of a citation under State or local law for a moving traffic violation arising from the accident; or 4) disabling damage to any vehicle licensed for operation on a public roadway.
An employee shall notify their supervisor (or any on-duty supervisor if their supervisor is not on duty or not available) and their Department Head immediately following an accident. The employee shall refrain from using alcohol for eight (8) hours following the accident or until the employee undergoes a post-accident alcohol test or a supervisor determines that a post-accident alcohol test is not required as provided below. Any employee leaving the scene of an accident without appropriate authorization prior to submitting to an alcohol or drug test or without being released by the supervisor will be considered to have refused the test. If all efforts to contact a supervisor while at the scene of an accident have been exhausted and have failed, the employee should contact police dispatch to request law enforcement assistance and, upon clearance by law enforcement, report back to City Hall and remain there until a supervisor, Department Head or the City Manager have been contacted.
The supervisor at the site of an accident should:
1. Attend to any emergency needs of any injured persons.
2. Take the employee involved in the accident aside and give the employee a direct verbal order to stand by at the site until the supervisor has determined if the accident is one requiring a post-accident alcohol or drug test.
3. Evaluate the accident to determine whether a post-accident test is required under this policy and document with written notes the supervisor's decision to require or to not require a post-accident drug or alcohol test.
If the supervisor at the accident site affirms that a post-accident alcohol or drug test of the employee is required, the supervisor should take the following steps:
1. Inform the employee that the test is required by this policy.
2. Arrange for transport of the employee to the designated collection site to take the necessary tests. The person transporting the employee will stay with the employee, verify the employee's identification at the collection site, and later return the employee to the employee's reporting station.
3. Ensure that the employee does not perform any safety-sensitive duties until the employee is cleared by the post-accident test results. The supervisor should ensure that the employee involved in the accident does not operate the vehicle any further. If necessary, the supervisor will move the vehicle or request another employee not involved in the accident to do so.
If the supervisor at the site of the accident determines that the accident does not meet the criteria for a post-accident alcohol or drug test, the employee may continue to perform their job duties.
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89 If an employee is taken into police custody at the site of an accident and tested for being under the influence of alcohol and/or a controlled substance, and the site supervisor has affirmed that the accident is one requiring post-accident alcohol and/or drug testing, the City will rely on the results of the police tests in lieu of additional alcohol and drug test administered by the City.
If a post-accident test is required, the employee will be tested as soon as possible.
Testing should be completed within two (2) hours where feasible and should not exceed eight (8) hours for an alcohol test and thirty-two (32) hours for a drug test.
If a post-accident alcohol test is not administered within two (2) hours following the accident, the supervisor shall prepare and maintain on file a record stating the reasons the test was not promptly administered. If the alcohol test is not administered within eight (8) hours, the City shall cease attempts to administer an alcohol test and shall prepare and maintain the same record.
If a post-accident drug test is not administered within thirty-two (32) hours following the accident, the City shall cease attempts to administer a drug test and shall prepare and maintain on file a record stating the reasons the test was not properly administered.
31.8 Department of Transportation Testing for Safety Sensitive Positions In addition to the above requirements, applicants for and employees in safety- sensitive positions, as defined by the Department of Transportation, shall be subject to pre-employment, reasonable suspicion, post-accident, random and other testing as required under federal law. The City Manager or designee is responsible for overseeing the City’s compliance with Department of Transportation regulations for the drug and alcohol testing of safety-sensitive employees. Employees in safety-sensitive positions will be provided with a copy of the City’s administrative order for alcohol and drug testing requirements for commercial motor vehicle drivers.
31.9 Employee Assistance
The Employee Assistance Program (“EAP”) is available to assist employees who may have a drug and/or alcohol problem. The City encourages employees who have a drug and/or alcohol problem to seek confidential assistance from the EAP.
An employee is responsible for seeking assistance before the employee’s drug and/or alcohol problem leads to a violation of any City drug and/or alcohol policy, or before the employee is asked to submit a reasonable suspicion drug and/or alcohol test. The City shall not take adverse action against an employee making such an admission as long as the employee has not self-identified in order to avoid testing under federal regulations or the City’s policies. An employee’s voluntary disclosure of a substance or alcohol abuse problem will not terminate any investigation, criminal or administrative, initiated prior to the disclosure. 195
90 Employees must request a leave of absence if time off from work is necessary for any treatment or rehabilitation services, whether or not covered by the employee’s medical plan. An employee who voluntarily discloses a drug and/or alcohol problem and requests time off to obtain treatment for a drug and/or alcohol problem will not be automatically terminated by the City. Employees who request time off for treatment or rehabilitation services may be permitted to use accrued sick, vacation or other paid leave for approved absences. In addition, such employees may also be eligible for leave under the Family Medical Leave Act and/or the California Family Rights while receiving treatment. Any costs for treatment or rehabilitation services are the sole responsibility of the employee.
31.10 Violations of this Rule
Any employee who engages in an act prohibited by any part of this rule will be subject to disciplinary action, up to and including termination. In appropriate circumstances and solely within its discretion, the City may consider the employee's commitment to recovery and/or the employee's agreement to enter into an Employer-Employee contract or “Last Chance Agreement” detailing conditions of continuing employment as a mitigating factor in assessing the appropriate disciplinary action. The City reserves the right to terminate the employment of any employee who is unable to perform the essential functions of their job after the City has complied with any duty it may have to reasonably accommodate the employee's disability. An employee who refuses to obey an order to take an alcohol or drug test pursuant to this rule will be terminated.
31.11 Confidentiality
All controlled substance or alcohol test results shall be kept confidential and not subject to disclosure except as provided in this policy or otherwise required by state or federal law.
31.12 Alcohol and Drug-Free Awareness
The City shall distribute and explain this policy to all current employees, new employees, volunteers, and contractors.
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91 32 Smoking
Smoking, including the use of electronic cigarettes, is prohibited in all City-owned or leased buildings and in any City vehicle. Smoking is also prohibited within twenty (20) feet of entrances, exits, or operable windows of City-owned or leased buildings.
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92 33 Use of City Vehicles or Driving While on City Business
33.1 Use of City Vehicles
Supervisors will attempt to coordinate work so that City vehicles are available and operational for the performance of City work. Except as otherwise provided in this policy, City owned and City-leased motor vehicles are to be used only for City business, and are to be stored in prescribed locations when not in use.
City-owned and City-leased vehicles are to be operated only by City employees.
Persons not having business with the City shall not be permitted to ride in City- owned and City-leased vehicles.
Before operating a City vehicle, the vehicle operator should verify that the vehicle is in good operating condition before embarking on a trip. Any employee operating a City-owned vehicle, regardless of frequency, is responsible for the proper care and operation of that vehicle while under the employee’s control. Any defects or mechanical issues involving a City-owned vehicle must be reported immediately to the employee’s supervisor and the Fleet Manager.
Any vehicle damage to a City-owned vehicle beyond normal wear and tear or that includes defects affecting the safe operation of the vehicle must be documented and reported immediately to the employee’s supervisor and the Fleet Manager. Damage sustained to a privately-owned vehicle while being used for City business shall be the responsibility of the employee/owner.
33.2 Use of Personal Vehicles
If an employee is authorized by the Department Head or designee, to use their personal vehicle in the performance of City work, reimbursement will be on the basis of total miles driven and at the rate specified in the Internal Revenue Service Guidelines that are in effect at the time that the mileage was incurred, unless otherwise required by law. Employees are responsible for requesting mileage reimbursement in accordance with City policy. Proof of adequate insurance covering collision, personal injury and property damage must be provided upon request. Employees conducting City business in their personal vehicle shall carry only those persons associated with said business while performing work on behalf of the City.
33.3 Driver’s License
Any employee driving either a City vehicle or authorized to use a personal vehicle in the performance of City business is required to have a valid driver’s license.
Employees who may be assigned work entailing the operation of a City vehicle will be required to submit to a Department of Motor Vehicles driving record check as a condition of employment. This records check shall be processed by the Human Resources Director or designee. A report indicating a suspended or revoked license status or indicating an unsafe driving record may be cause to deny or terminate employment.
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93 Periodic checks of employee’s drivers’ licenses through visual and formal Department of Motor Vehicles review checks shall be made by the Human Resources Director or designee. Any employee who does not hold a valid driver’s license will not be allowed to operate a City vehicle until such time as they obtain a valid license and may be subject to disciplinary action.
Any employee performing work which requires the operation of a City vehicle must notify their immediate supervisor in those cases where their license is expired, suspended or revoked and/or who is unable to obtain an occupational permit from the Department of Motor Vehicles. Any employee who fails to report such revocation or suspension to their supervisor and continues to operate a City vehicle shall be subject to the full range of disciplinary action, up to and including dismissal from employment.
33.4 Special Licenses
Employees operating City vehicles are to comply with applicable federal, state and local laws governing the safe operation of said vehicles. If the use of City vehicles requires the operator to secure special licenses and/or permits, the City will pay for those licenses and/or permits. If medical costs are incurred in the acquisition of said licenses and/or permits, the City shall pay that portion not covered by the employee’s health insurance provider.
33.5 Long-Term Assignments
The City Manager may assign certain City-owned vehicles on a long-term basis to certain named City employees. Such assignment may be revoked with or without prior notice by the City Manager.
33.6 Vehicle Safety
Any individual operating a motor vehicle in the performance of City business shall obey all federal, state and local laws. It is the responsibility of the vehicle operator to ensure that all persons in the vehicle use seat belts and have them properly adjusted before starting the engine.
Safe driving practices, as well as the California Vehicle Code, require the use of a hands-free device while using cellular telephones during the operation of a motor vehicle. Employees shall not send or review text messages or emails while operating City vehicles or privately-owned vehicles on City business. Employees shall not operate laptop computers, navigational devices, or any other device that may cause vehicle operator distraction while operating a vehicle in the course of conducting City business. Employees shall either park vehicles or use a hands-free device when using such equipment. With the exception of extraordinary circumstances, operators of authorized emergency vehicles are to comply with this hands-free requirement while driving.
When cargo, materials or tools are being transported, the vehicle operator is 199
94 responsible for ensuring that all items are properly secured. No person shall be allowed to ride on running boards, fenders, hoods, tailgates, beds or other locations of the vehicle not designated or approved by the vehicle manufacture for passenger seating. An exception to this shall be vehicles designed and equipped for passengers outside the cab area. Employees shall not, under any circumstance, operate a City vehicle or a privately-owned vehicle on City business when: (1) under the influence of alcohol or any controlled substance in violation of the City’s Drug and Alcohol policy; or (2) any physical or mental impairment causes the employee to be unable to drive safely.
33.7 Citations
Any citation or arrest while operating a City vehicle or a privately-owned vehicle on City business is the personal responsibility of the employee. The employee will not attend court appearances, traffic school or resulting Department of Motor Vehicle (DMV) appointments on City time for such citations and arrests and must arrange such appearances by requesting appropriate time off. Any judgment or sentence handed down by the court will be satisfied by the employee alone. All fines and court costs, to include subpoena of witnesses and/or attorney fees, if any, are also at the sole cost of the employee, unless it is the direct result of negligence by the City in furnishing a vehicle designed for, or not properly equipped or negligently maintained for use on a public roadway.
Any City employee who receives a citation, including a red light camera citation, while operating a City vehicle or a privately-owned vehicle while on City business shall report the citation immediately to their supervisor.
33.8 Smoking in Vehicles
Employees shall not smoke or use any tobacco products while in or operating any City-owned or City-leased vehicle.
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95 34 Safety
34.1 General Statement
The City recognizes the necessity of maintaining safe working conditions and practices in order to ensure employee safety.
The City has adopted an Injury and Illness Prevention Plan. This Plan describes the City’s overall safety commitment as well as the safety responsibilities of all employees. A copy of the Injury and Illness Plan shall be made available to all employees.
34.2 Employee Responsibilities
Each employee is required to follow all established safety rules, procedures and practices, necessary to minimize risk of injury to themselves and others, including those rules and procedures described in the Injury and Illness Prevention Plan.
Unsafe acts by employees shall be immediately pointed out by the supervisor and proper procedure discussed. Employees shall report all unsafe conditions to their supervisor or Department Head. Unsafe acts by employees or failure to report an unsafe condition may result in disciplinary action.
34.3 Incident Reporting
Employees are required to report all work-related injuries, accidents, and property damage that occur while on duty or in a City vehicle to their supervisor or Department Head. If the incident occurs after regular work hours, the employee must telephone the City’s emergency number and file a verbal report as soon as possible.
In the case of a vehicle accident involving another vehicle, the employee is required to obtain: the driver's license number, vehicle license number, names of the insurance company covering the other driver and, if the accident is investigated by a law officer, the name and title of the officer. All of this information will be given to the employee’s supervisor or Department Head and the City’s business office the same day of the accident or next business day if the accident occurred when the City’s business office was closed.
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96 35 Electronic Media
35.1 Purpose
The purpose of this policy is to govern the use of Electronic Media (i.e., voice mail, email, the internet/World Wide Web) by all City employees and elected officials.
Because the use of voice mail, email and the internet/World Wide Web raises issues of privacy, liability and records retention, the City has adopted this Electronic Media Policy. The term “Electronic Media” includes computers, laptops, tablets, internet access, email, voicemail, cellular telephones, pagers, and other electronic communication devices.
35.2 Policy
Electronic Media are provided for the use of City employees for City business- related purposes. Electronic Media may not be used for any prohibited purpose, including illegal activities, messages that may constitute discrimination or harassment under City policy or state or federal law, or other inappropriate purposes as defined below.
The City prohibits the display, transmission or downloading of sexually explicit images, messages, or cartoons, or any transmission or use of voice mail, email, or internet/World Wide Web communications that contain ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disability.
Unless otherwise authorized by law, voice mail, email, or internet/World Wide Web systems may not be used to solicit or proselytize others for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations.
35.3 City’s Right to Access Information
The City reserves the right to enter, search, monitor, copy and/or retrieve computer files, voice mail, email, internet or any type of electronic file of any employee or elected official, without notice, for business purposes, including, but not limited to, investigating theft, disclosure of confidential business or proprietary information, use of the system for personal reasons or for any other purpose unrelated to City business, or monitoring work flow or productivity.
Although City employees may have individual passwords or passcodes to electronic media items such as e-mail, voice mail, and computer network systems, these items are accessible at all times by the City, and may be subject to periodic unannounced examinations by the City. All passwords and passcodes must be given to the City upon request. The City reserves the right to override any password or passcode created by an employee.
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97 Although the City reserves the right to access Electronic Media, employees are strictly prohibited from accessing another employee’s personal file or voice mail or email messages without the latter’s express permission. In addition, the voice mail, email and networks systems are not to be used in a way that may be disruptive, offensive to others, or harmful to morale.
Even though employees may have deleted information or files from any of the electronic media, it does not mean that the information or files are permanently deleted from the system.
Employees should be aware that any electronic media messages and information created or stored on City owned electronic media may constitute “public records” and may be subject to disclosure to the public under the California Public Record Act, Government Code 6230, or otherwise discoverable (e.g., in response to a subpoena).
35.4 Radio Waves
Use of radio equipment, such as but not limited to two-way radios and Nextel lines, shall be used in a professional manner for business purposes only.
35.5 Voice Mail
Although employees and elected officials have passwords or codes that restrict access to voice mail messages left for them on the system, employees and elected officials should be aware that the City can access any messages stored in the voice mail system and may do so for any reason at any time. Therefore, employees and elected officials may not assume that such messages are confidential.
The City’s telephone system, including its voice mail system, is the property of the City, and is designed and intended for City business-related purposes. Employees and elected officials are required to reimburse the City for any special charges for their personal telephone calls.
35.6 Email
Email is a business tool that shall be used in a professional manner for business purposes. When the City becomes the target of litigation, all records maintained by the City are subject to subpoena and review by the other party, including email.
Therefore, email is neither personal nor private. Marking a message as “private” or “confidential” does not exempt information from being disclosed with limited exception. Email addressed to, generated by, or received on City computers or servers is the property of the City. As with voice mail, although employees and elected officials have passwords that restrict access to their computers, the City may access any files or email messages stored on or deleted from the computer or network system. The City reserves the right to access such information for any purpose at any time.
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98 35.7 Internet/World Wide Web Access
Use of on-line information services such as the Internet and the World Wide Web is intended for City business purposes. Personal use should be kept to a minimum and occur only during the employee’s meal and break periods.
35.8 Computers, Computer Software, Laptops, Tablets and Computer Files The City’s computers, software, laptops, tablets and files stored on the City’s computer or network shall be considered City property. These devices shall be subject to search for any reason. In addition, all software that resides on any of the City’s computers shall be licensed and shall be considered City property.
Computers will be used for valid business purposes only; reasonable personal use is allowed at the sole discretion of the City.
No employee will install software on any City computer without first receiving permission from the City Manager or designee. No employee may alter or tamper with any City computer or interfere with their operation. All hardware failures will be immediately reported to an employee’s supervisor, Department Head or the Information Technology Department. Personnel will not attempt hardware repair unless directed to do so by the Information Technology Director or designee.
35.9 Virus Scanning
City staff provided with a City owned desktop or laptop computer will receive a computer with anti-virus software installed and configured. An employee who believes that a City provided computer has been infected with a virus is required to report the issue to the Information Technology Department immediately.
35.10 Prohibited Uses of the City’s Electronic Media
Prohibited uses of electronic media include, but are not limited to the following:
1. Illegal activities under local, state and/or federal law;
2. Anything that may be construed as harassment or disparagement of others based on race, religion, color, creed, national origin, sex, sexual orientation, marital status, age, or the presence of any sensory, mental or physical disability will not be tolerated. This includes, but is not limited to, slurs, obscene messages, sexually explicit images, cartoons or messages;
3. Sending threatening messages;
4. Unless otherwise allowed by law, soliciting or proselytizing others for commercial ventures, religious or political causes, outside organizations, or other non-job related matters;
5. Intentionally disrupting network traffic or crashing the network and connected systems (for example, sabotage, intentionally introducing a computer virus);
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99 6. Unauthorized attempts to access others’ files with no substantial business purpose, or vandalizing the data of another user;
7. Forging electronic mail messages;
8. Communicating confidential City information to unauthorized individuals within or outside of the City; and
9. Inappropriate use, which is deemed by the City to be a violation of the intended use of any of the Electronic Media.
35.11 Violations of Policy
Violations of this policy will be reviewed on a case-by-case basis and may result in discipline up to and including dismissal.
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36 Public Employees as Disaster Service Workers
Government Code Section 3100 et seq. declares public employees as disaster service workers and requires employees to report to work (and if not possible, then to the next closest public employer) following the effects of natural, manmade, or war-caused emergencies. The City shall establish and maintain a method, or methods, of informing employees of their disaster service worker status.
Employees who fail, without good cause, to honor their obligations as disaster service workers shall be subject to disciplinary action up to and including dismissal from employment.
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37 Mandated Reporting
37.1 Purpose
The City of Pittsburg recognizes the importance of the safety and well-being of the children, elderly or dependent adults entrusted to its care. In support of this responsibility, the City shall take all necessary steps to comply with its obligations under the Child Abuse and Neglect Reporting Act (“the Act”) (Cal. Pen. Code §§ 11164 – 11174.3) and the Elder Abuse and Dependent Adult Civil Protection Act (Cal. Welfare and Institutions Code §§15600 et seq.).
37.2 Mandated Reporter Designation
37.2.1 “Mandated Reporter” for purposes of reporting child abuse or neglect generally includes all City employees who have direct contact or supervisory control over children and children programs.
State law (Penal Code §11165.7) includes an extensive list of categories of employment for mandated reporters. The following positions are excerpts from that list, as the positions that would apply to City employees and programs:
• Teacher
• Instructional Aide
• An administrator of a day camp
• An administrator or employee of a youth recreation program or youth organization
• An administrator or employee whose duties require direct contact and supervision of children
• An administrator or employee of a licensed community care or child day care facility
• Athletic coaches employed by a private or public school • Peace Officer
• All employees of the Police Department, sworn or non-sworn
37.2.2 “Mandated Reporter” for purposes of reporting elder or dependent adult abuse or neglect includes any licensed City employee who provides care or services for elder or dependent adults, including administrators and supervisors of said programs. [W & I Code §15630(a).]
All employees of the Police Department (sworn and non-sworn) are considered “mandated reporters” for purposes of reporting elder and dependent adult abuse. [W&I Code §15630(a).]
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37.3 Acknowledgement of Position and Training
Upon employment or retention by the City of an individual who is determined to be a mandated reporter in connection with the law and this directive, the individual shall sign an acknowledgement which states that the individual is aware of the mandated reporter requirements under Penal Code § 11166.
The original signed acknowledgement form shall be retained by the responsible department if a volunteer or shall be placed in the employee’s personnel file.
The City shall be responsible for providing periodic training to staff as necessary for identifying potential indicators of abuse and neglect to children, elders or dependent abuse.
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38 Standard Hours of Work and Overtime
38.1 Work Week or Work Period Defined
The workweek for the City begins at 12:01 a.m. on Sunday and ends seven (7) days later at midnight on the following Saturday. Employees assigned to work an alternative work schedule may have an alternative workweek as designated by the City Manager or the Human Resources Director. The work period for employees engaged in law enforcement activities shall be a twenty-eight (28)-day consecutive period.
38.2 Work Schedule
The work schedule for each Department will be established by the Department Head with the approval of the City Manager or designee. The work hours for each employee will be scheduled by the Department Head or designee. Typically, employee work schedules are comprised of five (5) eight (8) hour shifts in a seven (7) day period.
When the efficiency of City services is benefited by variations to the “5/8” work schedule, Department Heads are authorized to prescribe such variations after meeting and conferring regarding the impacts of the work period change with the appropriate recognized employee organization. Except as provided elsewhere in this Rule, variations shall not exceed forty (40) hours in a consecutive seven (7) day period.
Employees shall be in attendance at work during their regular hours of work and shall not absent themselves during working hours for any reason without prior approval of their supervisor.
38.3 Changes in Working Schedules
The workdays and hours to which employees are assigned shall be stated on the department work schedule(s). Should it be necessary in the interest of efficient operations to establish schedules departing from the normal workday or workweek, the City will give notice of such change to the individual as far in advance as is reasonably practical.
38.4 Overtime Policy
It is the policy of the City that overtime work is kept to a minimum and shall be authorized in advance by an employee’s Department Head or designee. Overtime eligible employees are not permitted to work overtime except as authorized and approved. Overtime shall be assigned by the Department Head or designee to meet essential operating needs.
Working overtime without advance approval is a violation of these rules and grounds for discipline, up to and including termination. Employees are expected to report all hours worked in a work-reporting period.
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38.5 Overtime Defined
For an employee on a seven (7)-day work week, overtime is defined as all hours an overtime-eligible employee actually works in excess of forty (40) hours in the workweek. For an employee engaged in law enforcement activities, overtime is defined as all hours the overtime-eligible employee actually works in excess of one hundred seventy-one (171) hours in the work period.
Overtime is compensated at 1.5 times the employee’s regular rate of pay, as defined under the Fair Labor Standards Act (“FLSA”). All overtime entitlements shall be computed to the nearest tenth of an hour (six minimum increment).
An employee’s eligibility to receive overtime compensation for services performed shall be determined in accordance with the FLSA. Those employees who are classified as “exempt” under the FLSA shall not be eligible to receive overtime or to accrue Compensatory Time Off (“CTO”).
38.6 Compensatory Time Off
An overtime eligible employee may opt to accrue compensatory time off (“CTO”) in lieu of cash payment for overtime worked if the employee’s Department Head agrees prior to the overtime work being performed. CTO accrues at a rate of 1.5 hours for each hour of overtime actually worked. No more than two hundred forty (240) hours of compensatory time off may be accrued for non-safety employees.
For safety employees, no more than four hundred eighty (480) hours of compensatory time off may be accrued.
Employees may use CTO only upon the approval of the Department Head or designee. Such approval shall not be unreasonably withheld. An employee’s request to use accrued CTO will be granted provided that: (1) the Department can accommodate the use of CTO on the day requested without undue disruption; and (2) the employee submits the request to use CTO at least five (5) business days prior to the date of requested usage. If the employee does not provide at least five (5) business days notice or the department cannot accommodate the requested time off, the City will provide the employee with the opportunity to select another day for usage of the CTO.
The City reserves the right to cash out accumulated CTO at any time. During employment CTO is cashed out at the employee’s current FLSA regular rate of pay. Employees separating from City service shall be compensated for all accrued, unused CTO hours at the higher of either: (1) the separating employee’s current FLSA regular rate of pay; or (2) the average FLSA regular rate of pay for the prior three years.
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38.7 Time Sheets
All employees are required to submit accurate and complete time sheets. Time sheets are due as directed by the City Manager or designee. Each employee shall certify their time sheet verifying the hours worked. It is the responsibility of the employee to make certain their time sheet has been filled out correctly before submitting. The employee’s supervisor shall verify and approve each employee’s accumulated hours of work prior to submitting to the payroll division for payment.
Records of hours worked, vacation time, compensatory time, sick leave, and holiday accumulated and used, shall be kept by the payroll division. 211
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39 Reports and Records
39.1 Objectives of Adequate Records and Reports Maintenance All necessary forms, records, documents, rosters and operating procedures shall be maintained by the Human Resources Director for the following reasons:
1. So that all legal, regulatory, and procedural requirements as well as any provisions of these Rules, any City Ordinance, or policy related to personnel administration may be accomplished;
2. To provide a basis for the decision-making in personnel actions and operations; and
3. To provide a basis for reports on personnel activities.
39.2 Personnel Records
A personnel record shall be maintained for every employee and shall contain all information pertinent to their employment. An employee's personnel file may be examined only by the City Manager, the City Attorney, the employee’s Department Head, the employee assigned to be responsible for personnel records and those authorized by the City Manager.
Employees have the right to examine any portion of their personnel file after submitting a written request. Employees also have the right to file a written exception to anything found in their personnel files. Employees who wish to review their personnel files should submit a written request to the Human Resources Department. In accordance with the provisions of this Personnel Rule and state law, all documents not part of the personnel file in the possession of the City about an employee may not be available to the employee for their review.
Unless otherwise required by law, the only information from the employee's personnel file which may be publicly released is: Employees’ name; positions held including job descriptions; salary range and other general terms or limits of compensation; and dates pertaining to the employee's employment.
39.3 Medical Records
An employee’s medical records shall be segregated and stored separately from the rest of the personnel file and maintained in confidentiality in accordance with applicable state and federal law. The City Manager, City Attorney and legal representatives, Human Resources Director and Department Head are authorized to access such medical information on a case-by-case basis only as authorized by state or federal law. All persons with such authorization shall maintain such information according to the same standards of privacy and protection from unauthorized access as is maintained by the Human Resources Director.
Violations of this policy may result in discipline, up to and including dismissal from 212
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employment. Nothing in this policy is intended to extend or expand the scope of employee privacy rights beyond the limits of existing law.
39.4 Recruitment Records
Records gathered during any recruitment process shall be filed and maintained in confidentiality. The City Manager, City Attorney and legal representatives, Human Resources Director, and Department Heads are authorized to access such records. All persons with such authorization shall maintain such information according to the same standards of privacy and protection from unauthorized access as is maintained by the Human Resources Director. Violations of this policy may result in disciplinary action, up to and including dismissal from employment. Nothing in this policy is intended to extend or expand the scope of employee or applicant privacy rights beyond the limits of existing law.
39.5 Payroll Records
The Finance Director shall maintain such records that are necessary for payroll and retirement system purposes. The Human Resources Director, City Manager, or persons authorized by the City Manager, may inspect such records from time to time in fulfilling their duties including, but not limited to, the purpose of administering these rules.
39.6 Change of Status Report
Every appointment, transfer, promotion, demotion, change of salary rate, resignation, suspension, and any other temporary or permanent change in status of employment shall be reported to the Human Resources Director and the date thereof and a record of same shall be kept by the Human Resources Department in the affected employee’s personnel file.
39.7 Change of Employee Status or Information
It is the responsibility of each employee to notify the Human Resources Director, within five (5) business days of any change in the employee’s withholding status, home address, telephone number, name or other such information (e.g. marriage, divorce, change in number of dependents, etc.) that might affect the City payroll records and/or other employee benefits such as health and dental insurance benefits.
39.8 Department Records
Each department may keep and maintain such working and supervisor records as may be deemed necessary for the purpose of carrying out the provisions of these rules and the functions of the department. The Department Head and supervisor shall make available to the Human Resources Director all department reports, records and documents dealing with personnel matters as are appropriate. Such department records are considered confidential records. 213
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39.9 Destruction of Records
All records relating to personnel, including correspondence, applications, examination reports, and all other personnel records, may be destroyed pursuant to the laws of the State of California and the City’s Retention Policy as it may be adopted and amended by the City Council.
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Pittsburg Personnel Rules
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Resolution No. 23- Page 1 of 1 December 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Revision of City’s Personnel Rules,) RESOLUTION NO. 23- Sick Leave and Bereavement Leave )
WHEREAS, the Pittsburg Municipal Code Section 2.52.030 delegates to the City Manager or his/her designee the responsibility for administering the City personnel system; and
WHEREAS, the Pittsburg Municipal Code Section 2.52.050 requires the preparation and recommendation to the City Council of the Personnel Rules and the revisions and amendments to such Rules; and
WHEREAS, the Personnel Rules were last adopted on June 7, 2003 with subsequent amendments dated, November 2003, November 2005, September 2006, March 2008, December 2008, February 2009, June 2010, and November 2010 and April 2020; and
WHEREAS, revisions to the City’s Sick Leave and Bereavement Leave policies are necessary to align with the State of California Senate Bill 616, Assembly Bill 1949 and Senate Bill 848 of 2023; and
WHEREAS, the Personnel Rules have been reviewed and amendments have been proposed in Exhibit A to this Resolution that comply with applicable new laws.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby amends the Personnel Rules as set forth in Exhibit A.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
216
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 Amend the Master Pay Schedule to Include Amendments to the Seasonal Salary Schedule and Previously Approved Positions and Compensation
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
Effective January 1, 2024, the California minimum wage will increase from $15.50 per hour to $16.00 per hour. As the seasonal salary schedule presently has wages below the minimum, the City is required to increase the salaries affected by the State’s new minimum wage and update the salary schedule to comply with CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule.
FISCAL IMPACT
The fiscal impact for the remainder of Fiscal Year 2023/24 is estimated to be $4,700 based on thirty-five Recreation Leaders who work an estimated 20 hours per week between April and June. Such costs will be absorbed by the current departmental budget. No additional appropriations are required.
RECOMMENDATION
It is recommended that the City Council adopt a resolution to amend the seasonal salary schedule effective December 24, 2023, the first pay period of 2024, and to amend the City of Pittsburg’s master pay schedule for all employee classifications, so the City is in compliance with the requirements of the California Code of Regulations, Title 2, Section 570.5 and the California Public Employees’ Retirement System (CalPERS) relating to publicly available pay schedules for purposes of determining the amount of “compensation earnable” pursuant to Government Code Sections 20630, 20636, and 20636.1. 217
BACKGROUND
The State’s minimum wage will increase from $15.50 to $16.00 per hour effective January 1, 2024. The City is required to pay employees an hourly wage that is at, or above the minimum wage. In addition, the updates to master pay schedule include the salary adjustments approved by the City Council on July 9, 2023, and include four new classifications added to the classification plan: Construction Inspector I/II, Senior Construction Inspector, and Development Services Supervisor. The Director of Public Works/City Engineer and Director of City Clerk Services titles were updated (no salary adjustments).
To comply with CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule already on the City’s website representing all previously approved actions on the individual classifications of the pay schedule. The single master pay schedule will be submitted to the City Council for approval each time any single MOU or compensation plan is brought to the City Council for approval.
CalPERS, pursuant to their interpretation of California Code of Regulations, Title 2, Section 570.5, recommends all CalPERS employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
• Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
The increase due to the minimum wage law has an impact on the City’s seasonal classifications of High School Intern and Recreation Leader. The City currently has thirty- five Recreation Leaders at less than minimum wage whose salary needs to be adjusted. 218
The fiscal impact is estimated at $4,700 assuming the affected Recreation Leaders work 20 hours a week between April and June. The proposed changes have been reviewed and approved by the Recreation Department. Staff will work with the affected department to implement the salary adjustments for seasonal employees effective December 24, 2023, the beginning of the first pay period of 2024.
The updates to master pay schedule also include the salary adjustments approved by the City Council on July 9, 2023, and include four new classifications added to the classification plan: Construction Inspector I/II, Senior Construction Inspector, and Development Services Supervisor. The Director of Public Works/City Engineer and Director of City Clerk Services titles were updated (no salary adjustments). The salary schedule also includes salary increases to the City Manager and City Attorney contracts approved by the City Council on October 2, 2023.
Additional seasonal classifications were added to the salary schedule and recommended by staff to perform job duties and provide city services that are outside of the regular position classifications. Seasonal personnel shall be defined as hourly employees who are employed for a limited time or a specific project. Seasonal employees are limited to working 999 hours per fiscal year.
Executive Consultant
On a seasonal or extra-help basis, provides temporary executive level consultation services requiring specialized expertise.
Professional Consultant
On a seasonal or extra-help basis and under general supervision, provides temporary professional level support for a variety of City offices.
Technical Consultant
On a seasonal or extra-help basis and under general supervision, provides temporary technical or para-professional level support for a variety of City offices.
Administrative Support Associate
On a seasonal or extra-help basis and under general supervision, provides temporary support which may include customer service, data-entry, scheduling, organizing, scanning, recordkeeping and filing.
Exhibit A demonstrates the proposed changes to the seasonal classification plan.
In accordance with the City’s Personnel Rule 11.1, the City Council is asked to establish salary ranges. Salary ranges are set for each class by the City Council.
The adoption of the resolution will comply with CalPERS’ interpretation of the requirements of Code of Regulations section 570.5 by amending the single master pay schedule already on the City’s website representing all previously approved actions on the individual classifications of the pay schedule.
ATTACHMENTS: Master Pay Schedule
Resolution
Report Prepared By: Jennifer Brizel, Human Resources Director 219
Resolution No. 23- Page 1 of 2 December 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Amending the Master Pay Schedule to )
Include Amendments to the Seasonal ) RESOLUTION NO. 23- Salary Schedule and Previously Approved )
Positions and Compensation )
WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations section 570.5, and meeting all of the following requirements thereof:
Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; Identifies the position title for every employee position; Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range; Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually; Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
Indicates an effective date and date of any revisions; Is retained by the employer and available for public inspection for not less than five years; and
Does not reference another document in lieu of disclosing the pay rate; and WHEREAS, the State of California minimum wage increased from $15.50 per hour to $16.00 per hour effective January 1, 2024; and
WHEREAS, the current seasonal salary schedule has salary steps which are less than the new minimum wage and the City of Pittsburg is required to pay employees at the minimum wage or greater; and
WHEREAS, the salary schedule includes title changes, and is prepared for the 2024 State minimum wage increase; and
WHEREAS, the new classifications of Construction Inspector I/II, Senior Construction Inspector, and Development Services Supervisor were added; and WHEREAS, the seasonal and extra help classifications of Professional Consultant, Technical Consultant and Administrative Support Associate were added; and 220
Resolution No. 23- Page 2 of 2 December 18, 2023
WHEREAS, the City now desires to amend the master pay schedule to include previously approved compensation levels for all bargaining groups and all compensation plans of the City of Pittsburg; and
WHEREAS, the City’s Personnel Rules call for the City Council to establish the salary ranges for classifications.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby amends the master pay schedule as shown in the attached salary schedule.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________
Alice E. Evenson, City Clerk
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Exhibit A
City of Pittsburg - Monthly Salary Schedule
REPRESENTED CLASSIFICATIONS CODE EFFECTIVE
DATE STEP A STEP B STEP C STEP D STEP E STEP F STEP G
2023 Top
Step w/Max
Incentives*
UNIT
Account Clerk (Part 1 of 2) 109 07/09/23 4,163 4,371 4,590 4,819 5,060 5,112 AFSCME Account Clerk (Part 2 of 2) 170 07/09/23 4,775 5,014 5,265 5,528 5,804 5,856 AFSCME Accountant I 355 07/09/23 6,435 6,757 7,095 7,450 7,822 7,875 MPC Accountant II 500 07/09/23 7,205 7,565 7,943 8,340 8,757 8,809 MPC Accounting Technician 220 07/09/23 5,575 5,854 6,147 6,454 6,777 6,829 AFSCME/MPC Administrative Analyst I 390 07/09/23 6,902 7,247 7,609 7,989 8,389 8,442 MPC Administrative Analyst II 702 07/09/23 7,990 8,390 8,810 9,250 9,712 9,766 MPC Administrative Assistant (Part 1 of 2) 100 07/09/23 4,155 4,363 4,581 4,810 5,050 5,102 AFSCME Administrative Assistant (Part 2 of 2) 160 07/09/23 4,810 5,051 5,304 5,569 5,848 5,900 AFSCME/MPC Administrative Coordinator 350 07/09/23 6,311 6,627 6,958 7,306 7,671 7,723 MPC Administrative Officer 868 07/09/23 10,826 11,367 11,935 12,532 13,158 13,212 MPC Administrative Specialist 290 07/09/23 5,960 6,258 6,571 6,900 7,245 7,297 MPC Assistant City Clerk 820 07/09/23 8,739 9,176 9,635 10,117 10,623 10,675 MPC Assistant City Engineer 920a 07/09/23 11,497 12,072 12,676 13,310 13,976 14,028 MPC Assistant Director of Public Works 896 07/09/23 12,555 13,183 13,842 14,534 15,261 15,313 MPC Assistant Engineer 510 07/09/23 7,403 7,773 8,162 8,570 8,998 9,500 MPC Assistant Planner 450 07/09/23 6,954 7,302 7,667 8,050 8,452 8,927 MPC Associate Engineer 780 07/09/23 8,571 9,000 9,450 9,923 10,419 10,992 MPC Associate Planner 740 07/09/23 8,049 8,451 8,874 9,318 9,784 10,326 MPC Building Inspection Supervisor 810 07/09/23 9,800 10,290 10,805 11,345 11,912 11,964 MPC Chief Building Official 895 07/09/23 12,530 13,157 13,815 14,506 15,231 15,283 MPC Code Enforcement Officer I 258 07/09/23 5,802 6,092 6,397 6,717 7,053 7,105 AFSCME Code Enforcement Officer II 415 07/09/23 6,716 7,052 7,405 7,775 8,164 8,216 AFSCME Code Enforcement Supervisor 820 07/09/23 8,739 9,176 9,635 10,117 10,623 10,675 MPC Combination Building Inspector 520 07/09/23 7,299 7,664 8,047 8,449 8,871 8,923 AFSCME Community Outreach Coordinator 315 07/09/23 6,156 6,464 6,787 7,126 7,483 7,535 AFSCME Community Relations Manager 703 07/09/23 8,309 8,724 9,160 9,618 10,099 10,154 MPC Community Services Specialist 258 07/09/23 5,802 6,092 6,397 6,717 7,053 7,105 AFSCME Construction Inspector I 360 10/04/23 6,494 6,818 7,159 7,517 7,893 7,943 AFSCME Construction Inspector II 520 10/04/23 7,299 7,664 8,047 8,449 8,871 8,216 AFSCME Crime Analyst 700 07/09/23 7,550 7,928 8,324 8,740 9,177 9,229 MPC Customer Service Representative 96 07/09/23 3,826 4,017 4,218 4,429 4,651 4,703 AFSCME Deputy City Clerk 330 07/09/23 6,257 6,570 6,899 7,244 7,607 7,659 MPC Development Services Coordinator 532 07/09/23 7,453 7,826 8,217 8,628 9,059 9,109 AFSCME Development Services Supervisor 881 11/20/23 10,359 10,877 11,421 11,992 12,592 12,642 MPC Economic Development Manager 867 07/09/23 10,817 11,358 11,926 12,522 13,148 13,148 MPC Electrical Technician 420 07/09/23 6,730 7,066 7,419 7,790 8,180 8,834 Teamsters Electrical Technician Apprentice 200 07/09/23 5,374 5,643 5,925 6,221 6,532 7,055 Teamsters Engineering Technician I 310 07/09/23 6,092 6,397 6,717 7,053 7,406 7,458 AFSCME Engineering Technician II 460 07/09/23 7,056 7,409 7,779 8,168 8,577 8,629 AFSCME Environmental Affairs Manager 890 07/09/23 11,849 12,441 13,063 13,716 14,401 14,454 MPC Environmental Health & Safety Officer 832 07/09/23 9,786 10,275 10,789 11,328 11,895 11,948 MPC Environmental Health Specialist I 390 07/09/23 6,902 7,247 7,609 7,989 8,389 8,442 MPC Environmental Health Specialist II 702 07/09/23 7,990 8,390 8,810 9,250 9,712 9,766 MPC Equipment Mechanic 270 07/09/23 5,944 6,241 6,553 6,881 7,225 7,803 Teamsters 222
Exhibit A
City of Pittsburg - Monthly Salary Schedule
Equipment Shop Supervisor 531 07/09/23 7,592 7,972 8,371 8,790 9,230 9,283 MPC Executive Assistant to the Chief of Police 330 07/09/23 6,257 6,570 6,899 7,244 7,607 7,659 MPC Finance Division Manager 855 07/09/23 10,057 10,560 11,088 11,642 12,224 12,276 MPC Financial Analyst 580 07/09/23 8,193 8,603 9,033 9,485 9,960 10,012 MPC Geographical Information Systems (GIS) Analys 760 07/09/23 8,203 8,613 9,044 9,496 9,970 10,022 MPC Harbormaster 830 07/09/23 9,247 9,709 10,194 10,704 11,239 11,291 MPC Housing Manager 855 07/09/23 10,057 10,560 11,088 11,642 12,224 12,276 MPC Housing Program Analyst I 390 07/09/23 6,902 7,247 7,609 7,989 8,389 8,442 MPC Housing Program Analyst II 702 07/09/23 7,990 8,390 8,810 9,250 9,712 9,766 MPC Housing Specialist 210 07/09/23 5,483 5,757 6,045 6,347 6,664 6,716 AFSCME Human Resources Analyst 701 07/09/23 7,954 8,352 8,770 9,209 9,669 9,723 MPC Human Resources Specialist 330 07/09/23 6,257 6,570 6,899 7,244 7,607 7,659 MPC Information Technology Analyst I 420a 07/09/23 6,730 7,066 7,419 7,790 8,180 8,232 MPC Information Technology Analyst II 720 07/09/23 7,876 8,270 8,683 9,117 9,573 9,625 MPC Information Technology Manager 866 07/09/23 10,722 11,258 11,821 12,412 13,033 13,086 MPC Laboratory Supervisor 810 07/09/23 9,800 10,290 10,805 11,345 11,912 12,308 MPC Lead Community Services Specialist 415 07/09/23 6,716 7,052 7,405 7,775 8,164 8,216 AFSCME Lead Electrical Technician 705 07/09/23 7,790 8,179 8,588 9,017 9,468 10,226 Teamsters Lead Marina Services Worker 320 07/09/23 6,221 6,532 6,859 7,202 7,562 7,940 Teamsters Lead Police Records Clerk 255 07/09/23 5,848 6,140 6,447 6,769 7,107 7,159 AFSCME Lead Public Works Superintendent 885 07/09/23 11,960 12,558 13,186 13,845 14,537 14,589 MPC Maintenance Assistant 095 07/09/23 3,774 3,963 4,161 4,369 4,587 4,817 Teamsters Maintenance Ld Worker 320 07/09/23 6,221 6,532 6,859 7,202 7,562 8,167 Teamsters Maintenance Worker I 140 07/09/23 4,642 4,874 5,118 5,374 5,643 5,925 Teamsters Maintenance Worker II 200 07/09/23 5,374 5,643 5,925 6,221 6,532 7,055 Teamsters Office Assistant 095a 07/09/23 3,774 3,963 4,161 4,369 4,587 4,639 AFSCME Payroll Specialist 330 07/09/23 6,257 6,570 6,899 7,244 7,607 7,659 MPC Permit Center Supervisor 820 07/09/23 8,739 9,176 9,635 10,117 10,623 10,675 MPC Permit Technician 260 07/09/23 5,881 6,175 6,484 6,808 7,148 7,200 AFSCME Pest Control Specialist 470 07/09/23 6,988 7,337 7,704 8,089 8,494 8,918 Teamsters Planning Manager 890 07/09/23 11,849 12,441 13,063 13,716 14,401 14,454 MPC Planning Technician 260 07/09/23 5,881 6,175 6,484 6,808 7,148 7,200 AFSCME Police Captain 650 07/09/23 15,063 15,816 16,607 17,437 18,309 19,224 23,710 PMG Police Forensic Technician I 260 07/09/23 5,881 6,175 6,484 6,808 7,148 7,200 AFSCME Police Forensic Technician II 425 07/09/23 6,809 7,149 7,506 7,881 8,275 8,327 AFSCME Police Lieutenant 640 07/09/23 13,131 13,788 14,477 15,201 15,961 16,759 21,702 PMG Police Officer 600 07/09/23 6,840 7,182 7,541 7,918 8,314 8,730 9,167 POA Police Officer (Continuation of Steps H & I) 600 07/09/23 9,625 10,107 13,998 POA Police Records Clerk (Part 1 of 2) 110 07/09/23 4,363 4,581 4,810 5,051 5,304 5,356 AFSCME Police Records Clerk (Part 2 of 2) 180 07/09/23 5,051 5,304 5,569 5,847 6,139 6,191 AFSCME Police Records Supervisor 540 07/09/23 7,666 8,049 8,451 8,874 9,318 9,371 MPC Police Sergeant 625 07/09/23 9,343 9,810 10,300 10,815 11,356 12,401 17,175 POA Police Services Administrator 831 07/09/23 9,610 10,090 10,594 11,124 11,680 11,733 MPC Property and Evidence Coordinator 410 07/09/23 6,714 7,050 7,403 7,773 8,162 8,214 AFSCME Property and Evidence Technician 250 07/09/23 5,304 5,569 5,847 6,139 6,446 6,496 AFSCME Property and Evidence Supervisor 540 07/09/23 7,666 8,049 8,451 8,874 9,318 9,371 MPC Public Works Superintendent 880 07/09/23 10,331 10,848 11,390 11,959 12,557 12,609 MPC Public Works Supervisor 530 07/09/23 7,399 7,769 8,157 8,565 8,993 9,495 MPC 223
Exhibit A
City of Pittsburg - Monthly Salary Schedule
Purchasing Analyst 720 07/09/23 7,876 8,270 8,683 9,117 9,573 9,625 MPC Records Specialist 330 07/09/23 6,257 6,570 6,899 7,244 7,607 7,659 AFSCME Recreation Coordinator 230 07/09/23 5,659 5,942 6,239 6,551 6,879 6,931 AFSCME Recreation Supervisor 550 07/09/23 7,391 7,761 8,149 8,556 8,984 9,036 MPC Revenue Operations Supervisor 745 07/09/23 8,102 8,507 8,932 9,379 9,848 9,900 MPC Senior Administrative Analyst 825 07/09/23 9,250 9,712 10,198 10,708 11,243 11,296 MPC Senior Civil Engineer 865 07/09/23 10,472 10,996 11,546 12,123 12,729 12,782 MPC Senior Combination Building Inspector 760 07/09/23 8,203 8,613 9,044 9,496 9,970 10,022 MPC Senior Construction Inspector 760 10/04/23 8,203 8,613 9,044 9,496 9,970 10,022 MPC Senior Financial Analyst 790 07/09/23 9,487 9,961 10,459 10,982 11,531 11,584 MPC Senior Housing Program Analyst 825 07/09/23 9,250 9,712 10,198 10,708 11,243 11,296 MPC Senior Human Resources Analyst 821 07/09/23 9,209 9,669 10,152 10,660 11,193 11,246 MPC Senior Information Technology Analyst 820 07/09/23 8,739 9,176 9,635 10,117 10,623 10,675 MPC Senior Planner 840 07/09/23 9,319 9,785 10,274 10,788 11,328 11,946 MPC Sweeper Operator 140 07/09/23 4,642 4,874 5,118 5,374 5,643 5,925 Teamsters Utility Lineworker 742 07/09/23 7,996 8,396 8,816 9,257 9,720 10,206 IBEW Utility Maintenance Worker 312 07/09/23 6,091 6,396 6,716 7,052 7,405 7,775 IBEW Utility Supervisor 810 07/09/23 9,800 10,290 10,805 11,345 11,912 11,964 MPC Utility Technician 863 07/09/23 10,162 10,670 11,203 11,763 12,351 12,969 IBEW Water Instrument/Maintenance Technician I 480 07/09/23 7,881 8,275 8,689 9,123 9,579 10,058 Teamsters Water Instrument/Maintenance Technician II 750 07/09/23 9,122 9,578 10,057 10,560 11,088 11,643 Teamsters Water Maintenance Mechanic I 480 07/09/23 7,881 8,275 8,689 9,123 9,579 10,058 Teamsters Water Maintenance Mechanic II 750 07/09/23 9,122 9,578 10,057 10,560 11,088 11,643 Teamsters Water Plant Apprentice Operator 200 07/09/23 5,374 5,643 5,925 6,221 6,532 6,859 Teamsters Water Plant Operator 560 07/09/23 7,915 8,311 8,727 9,163 9,621 10,895 Teamsters Water Plant Superintendent 883 07/09/23 11,390 11,960 12,558 13,186 13,846 14,314 MPC Water Plant Supervisor 810 07/09/23 9,800 10,290 10,805 11,345 11,912 13,060 MPC Water Quality Analyst I 380 07/09/23 6,938 7,285 7,649 8,031 8,432 9,332 Teamsters Water Quality Analyst II 710 07/09/23 8,352 8,770 9,209 9,669 10,152 11,139 Teamsters
UNREPRESENTED CLASSIFICATONS CODE EFFECTIVE
DATE STEP A STEP B STEP C STEP D STEP E STEP F STEP G
2023 Top
Step w/Max
Incentives*
UNIT
Assistant City Manager 950 07/09/23 16,504 21,059 21,059 Sr. Exec Team Assistant Director of Finance 887 07/09/23 11,977 14,555 14,555 Mgmt Group Assistant Director of Planning 888 07/09/23 12,087 14,688 15,422 Mgmt Group Assistant to the City Manager 835 07/09/23 11,504 13,982 13,982 Mgmt Group Chief of Police 955 08/07/22 17,235 21,789 26,147 Sr. Exec Team City Attorney 943 09/03/23 22,102 Contract
City Engineer 9352 07/09/23 12,821 15,584 15,584 Mgmt Group City Manager 960 02/05/23 24,022 Contract
Deputy Chief Information Systems Officer 887 07/09/23 11,977 14,555 14,555 Mgmt Group Director of Community & Economic Developmen 9403 07/09/23 14,242 18,001 18,001 Sr. Exec Team Director of Community Services 9402 07/09/23 14,112 17,837 17,837 Sr. Exec Team Director of Finance 9401 07/09/23 14,112 17,837 17,837 Sr. Exec Team Director of Human Resources 9400 07/09/23 14,112 17,837 17,837 Sr. Exec Team Director of Public Works/City Engineer 945 07/09/23 15,280 18,574 18,574 Sr. Exec Team Director of City Clerk Services 8351 07/09/23 11,504 13,982 13,982 Sr. Exec Team Director of Recreation 9400 07/09/23 14,112 17,837 17,837 Sr. Exec Team 224
Exhibit A
City of Pittsburg - Monthly Salary Schedule
Executive Assistant 400 07/09/23 6,735 8,187 8,187 Mgmt Group Paralegal 400 07/09/23 6,735 8,187 8,187 Mgmt Group
Power Company Manager 920 07/09/23 12,821 15,584 15,584 Mgmt Group Water Utilities Manager 920 07/09/23 12,821 15,584 15,584 Mgmt Group
SEASONAL/HOURLY/EXTRA HELP
CLASSIFICATIONS CODE EFFECTIVE
DATE
Minimum
per hour
Maximum
per hour UNIT
Administrative Support Associate 12/24/23 16.00 50.00 Unrepresented Executive Consultant 03/16/15 30.00 100.00 Unrepresented Intern - High School 0550 12/24/23 16.00 16.00 Unrepresented Intern - College 0510 12/24/23 16.00 19.00 Unrepresented Maintenance Aide 0530 12/25/22 16.06 23.46 Unrepresented Police Trainee 6009 07/09/23 32.88 32.88 Unrepresented
Professional Consultant 12/24/23 20.00 90.00 Unrepresented Recreation Leader I 0550 12/24/23 16.00 16.00 Unrepresented Recreation Leader II 0560 12/24/23 16.00 21.50 Unrepresented Recreation Leader III 0570 07/09/23 16.50 24.50 Unrepresented Technical Consultant 12/24/23 20.00 80.00 Unrepresented
ELECTED OFFICIAL CLASSIFICATIONS CODE EFFECTIVE
DATE Per month UNIT
City Clerk
470 Elected Official
City Council 500 Elected Official
City Council -- member of a different governing board
if serving on Tri Delta Transit $100 per meeting visit www.TriDeltaTransit.com if serving on Delta Diablo Sanitation District $209 per meeting visit ddsd.org City Treasurer 470 Elected Official
225
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 the First Amendment to the Existing Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
On October 15, 2018, the City Council adopted Resolution No. 18-13546, approving execution of a Project Stabilization Agreement (“Agreement”) and Side Letter with the Contra Costa Building & Construction Trades Council (“Trades”), with a term of five years.
The proposed first amendment to the Agreement (“First Amendment”) would extend the term of the Agreement and Side Letter for an additional five-year term, ending on October 15, 2028, with successive five-year term extensions unless the Agreement is further revised or terminated.
FISCAL IMPACT
Pursuant to the Agreement, working members of the Trades and the local unions signatory to the Agreement (“Unions”) shall be paid prevailing wages for public works projects, consistent with State law. Based on experience over the previous five years and normal construction costs, staff estimates the increase in cost(s) due to the Agreement to be negligible.
RECOMMENDATION
City Council adopt a resolution authorizing the City Manager to execute the First Amendment to the Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council.
226
BACKGROUND
Prior to 2018, the City utilized voluntary guidelines encouraging hiring of local businesses and contractors. Upon execution of the Agreement and Side Letter, the City formalized its commitment to creating additional employment opportunities for local residents by providing a preference in the referral procedure for specified public works projects, set forth procedures for pre-construction conferences, and addressed wages, on-site conduct, and hiring of veterans.
Pursuant to the Side Letter, the project qualification threshold is set at one million dollars ($1,000,000) and excludes certain special projects. The Agreement and Side Letter also include a built-in “No Work Stoppage Policy,” and encourage apprenticeship training programs.
Since execution of the Agreement and Side Letter, the City has not identified any significant cost increases, delays in project construction, or other negative impacts.
SUBCOMMITTEE FINDINGS
Prior to execution of the Agreement in 2018, an Ad-hoc Subcommittee was created, which met on March 14 and October 2, 2018. The proposed amendment was not presented to a subcommittee.
STAFF ANALYSIS
The City finds it advantageous to minimize the risk of delays because of labor disruptions on large public works projects and maximize opportunities to employ local residents; the Agreement has contributed to the achievement of these goals, while promoting apprenticeship programs and the next generation of union labor. The Agreement has eliminated uncertainty surrounding applicability of prevailing wage, arbitration procedures, or contract negotiations, and aligns with the City’s Capital Improvement Program (CIP).
The First Amendment would establish an additional five (5) year period, beginning on October 15, 2023, and ending on October 15, 2028. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Trades shall meet and confer regarding their experience with Projects covered by the Agreement, and shall discuss proposed changes, if any, to the Agreement. The Agreement shall remain in effect pending the parties’ meet and confer efforts. Absent changes or termination at the election of either party, the Agreement will roll over for an additional five years. The First Amendment makes no other changes, modifications, additions, or deletions to the Agreement or the Side Letter.
ATTACHMENTS: Project Stabilization Agreement and Side Letter First Amendment to Project Stabilization Agreement
Resolution
Report Prepared By: Jordan Davis, Director of Community and Economic Development 227
Resolution No. 23- Page 1 of 2 December 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute the )
First Amendment to the Existing Project ) RESOLUTION NO. 23- Stabilization Agreement with the Contra Costa )
Building & Construction Trades Council )
WHEREAS, on October 15, 2018, the City Council adopted Resolution No. 18- 13546, approving execution of a Project Stabilization Agreement (“Agreement”) and Side Letter with the Contra Costa Building & Construction Trades Council, with a term of five years; and
WHEREAS, neighboring jurisdictions such as Concord, Brentwood, Martinez, and Brentwood have executed Project Stabilization Agreements; and WHEREAS, the City Council finds that greater use of the local labor force, clarification of procedures for certain Capital Improvement Projects, and minimization of risk of delays on large public works projects will promote the public health, safety and general welfare of the City; and
WHEREAS, merits of project stabilization agreements can include increased use of a local labor force, no cost impact on the City, use of apprentice training programs, increased project efficiency, and more; and
WHEREAS, prior to execution of the Agreement in 2018, an Ad-hoc Subcommittee was created, which met on March 14 and October 2, 2018; and WHEREAS, upon execution of the Agreement and Side Letter, the City formalized its commitment to creating additional employment opportunities for local residents by providing a preference in the referral procedure for specified public works projects, set forth procedures for pre-construction conferences, and addressed wages, on-site conduct, and hiring of veterans; and
WHEREAS, pursuant to the Side Letter, the project qualification threshold is set at one million dollars ($1,000,000) and excludes certain special projects; and WHEREAS, the Agreement and Side Letter also include a built-in “No Work Stoppage Policy,” and encourage apprenticeship training programs; and WHEREAS, since execution of the Agreement and Side Letter, the City has not identified any significant cost increases, delays in project construction, or other negative impacts; and
WHEREAS, the City and the Contra Costa Building & Construction Trades Council wish to extend the term of the Agreement for an additional five years, with a potential rollover of an additional five years, absent any changes or termination at the election of either party.
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Resolution No. 23- Page 2 of 2 December 18, 2023
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment to the Project Stabilization Agreement with the Contra Costa Building & Construction Trades Council.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
229
1 City of Pittsburg
Project Stabilization Agreement
Amendment No. 1
CITY OF PITTSBURG
PROJECT STABILIZATION AGREEMENT
AMENDMENT NO. 1
WHEREAS, a Project Stabilization Agreement (“Agreement”) was entered into on October 15, 2018 by and between the City of Pittsburg (“City”), the Contra Costa Building and Construction Trades Council (“Council”), and the local Unions signatory thereto (“Unions”), which required all Contractors/Employers as defined therein to become signatory to the Agreement by executing an “Agreement to be Bound”; and
WHEREAS, a Side Letter to the Agreement was entered into on October 31, 2018 by and between the City, the Council, and the Unions, which set forth certain discrete exclusions to the definition of the term “Project” in the Agreement; and
WHEREAS, Section 20.3 of the Agreement provides that the Agreement has a term of five (5) years, the parties shall meet and confer at the close of the term to discuss whether to modify or extend the Agreement, and the Agreement shall remain in effect pending the parties’ meet and confer efforts; and
WHEREAS, the Agreement has promoted the efficiency of construction operations for the City and promoted the public interest in timely and economical completion of public works projects constructed pursuant to the Agreement; and
WHEREAS, the City has continued to experience positive benefits from the Agreement and from an ongoing relationship with the Council and the Unions; and WHEREAS, the parties did meet and confer as required by Section 20.3 of the Agreement; and WHEREAS, the City, the Council, and the Unions now mutually desire to amend the Agreement to extend its term and modify Section 20.3 to allow for successive term extensions unless the Agreement is further revised or terminated; and
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN AND AMONG THE PARTIES TO AMEND THE AGREEMENT AS FOLLOWS:
1) The Agreement shall hereby roll over for an additional five (5) year period, beginning on October 15, 2023 and ending on October 15, 2028.
2) Section 20.3 of the Agreement shall hereby be replaced, in its entirety, with the following:
This Agreement shall remain in full force and effect for a period of five (5) years from the date it is entered into. Prior to each five (5) year anniversary of the effective date of this Agreement, the City and the Council shall meet and confer regarding their experience with Projects covered by the Agreement, and shall discuss proposed changes, if any, to the Agreement. 230
2 City of Pittsburg
Project Stabilization Agreement
Amendment No. 1
The Agreement shall remain in effect pending the parties’ meet and confer efforts. Absent changes or termination at the election of either party, the Agreement will roll over for an additional five (5) years. 3) Other than as explicitly set forth herein, this Amendment No. 1 shall make no other changes, modifications, additions, or deletions to the Agreement or the Side Letter. 4) This Amendment No. 1 shall be attached to and included with the Agreement and the Side Letter for all intents and purposes, including all bid solicitations or similar documents issued by the City, and shall continue in full force and effect until completion of the Project(s) as defined therein.
5) This Amendment No. 1 shall become effective when the City’s governing board ratifies this Amendment No. 1 and it is executed by the City and the Council.
Dated: ____________________ CITY OF PITTSBURG
_______________________________________
Name:
Title:
Dated: ____________________ CONTRA COSTA BUILDING AND
CONSTRUCTION TRADES COUNCIL
_______________________________________
Bill Whitney, CEO
144963\1410353
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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 Two Ordinances for the Objective Design Standards 2023 Project: 1) Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) Amending the Zoning Map for Certain Multi- family Housing and Mixed-use Development Projects to Further Housing Production Consistent with State Law
MEETING DATE: December 18, 2023
EXECUTIVE SUMMARY
On October 2, 2023, the City Council held a public hearing on a City-initiated request for adoption of two Ordinances for the Objective Design Standards 2023 Project: 1) adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code; and 2) amending the Zoning Map for certain multi-family housing and mixed-use development projects to further housing production consistent with state law. The City Council introduced and waived further reading of two Ordinances approving the Objective Design Standards 2023 Project. This item has been continued from the November 6, 2023 and the November 20, 2023 City Council hearings. The Ordinance is now ready for City Council adoption.
FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the proposed ordinances.
Staff believes the adoption of the ODS would result in high-quality development throughout the City, furthering property values and thus, the City’s property tax revenue. The Project would also likely reduce staff time related to processing multi-family housing and mixed-use development projects.
RECOMMENDATION
City Council move to adopt two Ordinances approving a Zoning Map Amendment and a Zoning Text Amendment for Objective Design Standards 2023.
BACKGROUND
On May 9, 2023, the Planning Commission held a public hearing and unanimously adopted Resolution No. 10229, recommending City Council approval of the Project. On 273
October 2, 2023, the City Council held a public hearing and introduced and waived further reading of two Ordinances to approve a Zoning Amendment and a Map Amendment for the Objective Design Standards 2023 Project.
SUBCOMMITTEE FINDINGS
In November of 2022, a proposal to establish a City-wide overlay to implement objective design standards for qualifying projects was presented to the City’s Land Use Subcommittee. Potential concerns identified by the Subcommittee included building massing and “cookie-cutter-like” architectural design. Subsequently, the City scheduled a second Land Use Subcommittee Hearing in April of 2023, to further discuss the proposed standards. Based on feedback and comments City staff presented a set of regulations, now titled “Objective Design Standards 2023” with the addition of a new chapter to address the previously raised concerns. Chapter 5, entitled “Massing and Façade Articulation Standards”, provides additional objective standards to address potential clustering or semblance among adjacent structures. The Subcommittee members remarked that the addition of Chapter 5 addressed the previously raised concerns and were overall supportive of seeing the project move forward.
STAFF ANALYSIS
After the City Council holds a public hearing and introduces an Ordinance on a given matter, approval of the matter is formalized by City Council adoption of the Ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The Ordinance becomes effective 30 days after the date of its adoption.
ATTACHMENTS
1. Ordinance Adding Article XXI of Chapter 18.84 to the Pittsburg Municipal Code o Exhibit A Objective Design Standards 2023
2. Ordinance Amending the Zoning Map, for Certain Multi-Family Housing and Mixed- Use Development Projects, to Further Housing Production Consistent with State Law o Exhibit A Objective Design Standards 2023 Overlay Map (Rezone) Report prepared by: Kelsey Gunter, Associate Planner
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Ordinance No. 23- Page 1 of 4 December 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving Objective Design Standards 2023 )
Adding Article XXI to Chapter 18.84 the ) ORDINANCE NO. 23- Pittsburg Municipal Code )
WHEREAS, the California Legislature has passed, and the Governor has signed a number of laws in recent years aimed at increasing the production of housing; and WHEREAS, California Government Code Section 65913.4, as added by Senate Bill 35 of 2017, and as amended since, sets forth a ministerial approval process requiring objective design standards for specified residential housing projects; and WHEREAS, staff has drafted a set of objective design standards to be applicable as set forth in an overlay district in compliance with state law; and WHEREAS, the proposed amendments are governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); and WHEREAS, PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to zoning text amendments; and WHEREAS, on or prior to April 28, 2023, notice of the May 9, 2023, Planning Commission public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091; and
WHEREAS, on May 9, 2023, the Planning Commission held the hearing to consider proposed Resolution Recommending City Council adoption of an Ordinance Approving Objective Design Standards 2023, Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code, and amending the Zoning Map, for certain multi-family housing and mixed-use development projects, to further housing production consistent with state law, AP-22-0117 (RZ) and voted to adopt Resolution No.10229, recommending City Council approval of adding Article XXI to Chapter 18.84 of Title 18; and WHEREAS, in order to adopt zoning text amendments, and in accordance with PMC sections 18.16.020 and 18.48.030, the City Council must find that:
1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;
2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;
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3. there is a community need for the change proposed; and
4. the change will be in conformity with the public convenience, general welfare, and good zoning practice; and
WHEREAS, on or prior to September 8, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the September 18, 2023 public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on October 2, 2023, the City Council held a duly noticed public hearing on the Planning Commission’s recommendation for the City Council to approve the proposed amendment to Title 18; and
WHEREAS, this amendment of the municipal code is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the state CEQA Guidelines, section 15061, in that the activity in question consists of zoning text amendments that would not result in a physical impact on the environment.
NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:
SECTION 1. Findings.
A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.
B. Based on the City Council Staff Report dated October 2, 2023, and entitled, “Introduction and Waive First reading of Two Ordinances for Objective Design Standards 2023: Adding Article XXI to Chapter 18.84 of the Pittsburg Municipal Code and Amending the Zoning Map for Certain Multi-family Housing and Mixed- use Development Projects to Further Housing Production Consistent with State Law”, and based on all written and oral testimony presented at the meeting, the City Council finds that:
1. All recitals above are true and correct and are incorporated herein by reference.
2. The proposed amendments are consistent with the objectives, policies, general land uses and programs in the General Plan. Most specifically, Land Use Element (LUE) Goal 2-P-2 which directs the City to update the City’s Zoning Ordinance and Subdivision Regulations for consistency with the General Plan.
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3. The proposed amendments are compatible with uses and regulations of the land use district for which they are proposed, in that the proposed amendments would allow consistency with recently adopted or enacted legislation on Objective Design Standards by the state.
4. There is a community need for the proposed amendments in that they make PMC Title 18 more current to administering land use policies within the City of Pittsburg.
5. The proposed changes would be in conformity with the public convenience, general welfare, and good zoning practice, in that it removes ambiguities to make it clear and easier for both staff and the general public to understand and use as a guide in planning and processing development applications.
SECTION 2. Amendment. PMC Title 18 is hereby amended to add Article XXI to Chapter
18.84 as set forth below:
Article XXI. Objective Design Standards
18.84.980 Purpose.
The purpose of this article is to establish objective design standards, in compliance with state law, that protect and promote public health, safety, welfare and community aesthetics consistent with the goals, objectives and policies in the General Plan. This article establishes an application and review process for residential or mixed-use projects qualifying for ministerial approval under state law that further housing production.
18.84.985 Applicability.
A. Objective design standards shall apply to proposed development as identified in Objective Design Standards 2023.
B. The objective design standards shall be implemented through an overlay of zones.
C. Any applicant for a proposed development may select either to comply with the objective design standards or Title 18, Chapter 18.36.
18.84.990 Application Requirements.
Application requirements are set forth in Objective Design Standards 2023.
18.84.995 Standard of Review.
Proposed development subject to objective design standards and ministerial approval shall be considered in compliance with state law and requirements set forth in Objective Design Standards 2023.
SECTION 3. Approval and Adoption. The City Council hereby approves and adopts 277
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Objective Design Standards 2023 attached as, “Exhibit A” to this Ordinance.
SECTION 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its adoption.
SECTION 5. 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 6. 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 2, 2023, and was adopted and ordered published at a regular meeting of the City Council held on December 18, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
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Final Draft
July 2023
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Table of Contents
Section 1: Introduction 1
1.010 Purpose 1
1.020 Objective Design Standards 1
1.030 Applicability 1
1.040 Relationship to the City of Pittsburg General Plan 5
1.050 Relationship to Title 18 (Zoning) 5
1.060 Permits and Procedures 7
Section 2: ODS Zone Standards 19
2.010 Purpose 19
2.020 ODS Overlay Map 19
2.030 Overview of ODS Zones 19
2.040 T3 Neighborhood (T3N) 29
2.050 T4 Neighborhood (T4N) 33
2.060 T4 Main Street (T4MS) 37
2.070 T5 Neighborhood (T5N) 41
2.080 T5 Main Street (T5MS) 45
2.090 Allowed Uses 49
Section 3: Site Standards 51
3.010 Purpose 51
3.020 Screening 52
3.030 Parking 54
3.040 Large Sites 59
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Section 4: Building Types 65
4.010 Purpose 65
4.020 Building Types 65
4.030 Overview of Building Types 69
4.040 Duplex Side-by-Side 70
4.050 Duplex Stacked 72
4.060 Cottage Court 74
4.070 Multiplex Small 76
4.080 Multiplex Large 78
4.090 Townhouse 80
4.100 Courtyard Building Small 82
4.110 Courtyard Building Large 84
4.120 Main Street Building 86
Section 5: Massing and Facade Articulation Standards
89 5.010 Purpose 89
5.020 Overview of Façade and Design Standards 89
5.030 Massing and Composition 90
5.040 Tripartite Facade Articulation 91
5.050 Architectural Recession(s) 92
5.060 Windows and Openings 93
Section 6: Frontage Types 95
6.010 Purpose 95
6.020 Frontage Types 95
6.030 Overview of Frontage Types 96
6.040 Porch Projecting 98
6.050 Porch Engaged 99
6.060 Dooryard 100
6.070 Stoop 101
6.080 Forecourt 102
6.090 Shopfront 103
6.100 Terrace 104
6.110 Gallery 105
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Section 7: Civic Space Types 107
7.010 Purpose 107
7.020 Civic Space Types 107
7.030 Overview of Civic Space Types 108
7.040 Pocket Park/Plaza 109
7.050 Playground 110
7.060 Passage 111
7.070 Greenway 112
7.080 Plaza 113
Section 8: Definitions 115
8.010 Purpose 115
8.020 Definitions 115
8.030 Measurement Methods 133
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Quick Code Guide for Developments Less Than Five Acres
The following graphic is intended as a summary guide.
Identify your zone , see
Section 2
(ODS Zone Standards)
a. Select your building type(s) Table C of the ODS zone b. Comply with building placement standards Table E of the ODS zone c. Comply with building form and height
standards
Table D of the ODS zone
d. Select from allowed uses Title 18, Division III. Base District Regulations
e. Comply with parking standards Table G of the ODS zone f. Select your frontage type Table F of the ODS zone
Identify your building type
standards , see
Section 4 (Building Types)
g. Comply with the standards Tables A-F of the building type 1 This process shall be applied to each design site.
Determine your Maximum Zoning Envelope1
1 Apply your frontage type(s) ,
see
Section 6 (Frontage Types)
a. Based on your selected frontage type(s),
comply with the standards
Tables A-C of the frontage type
Connect Ground Floor to Adjacent Streetscape2
Identify your approval
procedure, see Subsection
1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
Proceed to Approval Process3
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Identify Large Sites, see
Subsection 3.050 (Large Sites)
a. Comply with the standards Subsection 3.050 (Large Sites) Design your Design Sites1
Quick Code Guide for Developments Over Five Acres with Widths along Front or Side Street Over 800 Feet
The following graphic is intended as a summary guide.
Identify your zone , see
Section 2
(ODS Zone Standards)
a. Select your building type(s) Table C of the ODS zone b. Comply with building placement standards Table E of the ODS zone c. Comply with building form and height
standards
Table D of the ODS zone
d. Select from allowed uses Title 18, Division III. Base District Regulations
e. Comply with parking standards Table G of the ODS zone f. Select your frontage type Table F of the ODS zone
Identify your building type
standards , see
Section 4 (Building Types)
g. Comply with the standards Tables A-F of the building type 1 This process shall be applied to each design site.
Determine your Maximum Zoning Envelope1
2 Apply your frontage type(s) ,
see
Section 6 (Frontage Types)
a. Based on your selected frontage type(s),
comply with the standards
Tables A-C of the frontage type
Connect Ground Floor to Adjacent Streetscape3
Identify your approval
procedure, see Subsection
1.060 (Permits and Procedures)
a. Comply with the procedure standards Subsection 1.060 (Permits and Procedures)
Proceed to Approval Process4
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1.010 Purpose
This Article XXI, Chapter 18.84 (City of Pittsburg Objective Design Standards), shall hereafter be referred to as the "ODS." The ODS implements the City of Pittsburg's General Plan vision through the application of ODS zones and standards that reflect a context-specific approach based upon the City of Pittsburg's distinct development patterns.
1.020 Objective Design Standards
The ODS sets forth the standards for neighborhood design, building form, and uses within ODS zones. These standards reflect the community's vision for implementing the intent of the City of Pittsburg General Plan to facilitate housing production and specifically infill housing production, through development that reinforces the character and scale of the City's walkable centers, neighborhoods, and corridors.
1.030 Applicability
1. Rules for Construction of Language. The following general rules for construction of language apply to the text of this ODS:
A. Tenses and Numbers. Words used in the present tense include the future, words used in the singular include the plural, and the plural includes the singular, unless the context clearly indicates the contrary.
B. Applicable. The applicable standards of this ODS apply so as to not require stating the phrase "and all applicable standards" throughout this ODS.
C. Conjunctions. Unless the context clearly indicates otherwise, the following conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items or provisions apply; (2) "Or" indicates that the connected items or provisions may apply; and (3) "Either/or" indicates that the connected items or provisions apply singly but not in combination.
Section 1: Introduction
Subsections:
1.010 Purpose
1.020 Objective Design Standards
1.030 Applicability
1.040 Relationship to the City of Pittsburg General Plan
1.050 Relationship to Title 18 (Zoning)
1.060 Permits and Procedures
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2. ODS Implementation.
A. This ODS apply to proposed development as identified in Table 1.030.A (Applicability).
B. The standards in this ODS are implemented through an overlay of zones, see Figure 2.020.1 (ODS Overlay Map) for zones established in this ODS.
C. Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing .
However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter
18.84 (Objective Design Standards). This shall not apply to projects eligible under Senate Bill 35.
D. The standards in this ODS prevail unless stated otherwise. See Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) for reference.
Table 1.030.A: Applicability
Development Type ODS Applies
Objective Residential Development 1
Single-Unit Residential No
Two-Unit Residential Yes
Multi-Unit Residential Yes
Affordable Housing 2 Yes
Objective Mixed-Use Development 1
At least 2/3 of square footage designated for residential units Yes At least 2/3 of square footage designated for Affordable Housing 2 Yes Less than 2/3 of square footage designated for residential units No Other Development
Non-Residential No
Non-Objective Residential Development 3 No
Non-Objective Mixed-Use Development 3 No
1 Includes Transitional and Supportive Housing, Emergency Shelters, and Farmworker Housing meeting all eligibility criteria and specific protections by development type per the Government Code.
2 "Affordable Housing" refers to projects that contain the minimum percentage of affordable housing units to be eligible for Senate Bill 35 streamlining. See Government Code §65913.4(a) 3 Development that does not comply with objective General Plan, zoning, and subdivision standards of the City of Pittsburg
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3. Requirements. As required by Table 1.030.A (Applicability), the standards in this ODS apply to all proposed development and improvements within ODS zones as identified below.
A. General
(1) A design site is a portion of land within a parcel, delineated from other design sites and/or parcels to accommodate no more than one building type. From the allowed types in the ODS zone, and in compliance with the listed standards, the following shall be selected for each design site:
(a) Only one primary building type per design site is allowed, except an Accessory Dwelling Unit and/or Junior Accessory Dwelling Unit, in compliance with Section 18.50.315 (Design and Development Standards) in Title 18 (Zoning) of the Municipal Code, may be included within a design site in addition to the primary building type. Parcels with enough land area to meet the ODS zone standards for minimum design site width and depth may have multiple design sites;
(b) At least one private frontage type; and
(c) At least one use type.
(2) Building types and frontage types not listed in the ODS zone's standards are not allowed in that zone.
(3) Uses. Refer to the underlying zone for the allowed uses and standards in Title 18, Division III.
Base District Regulations.
(4) New buildings and their improvements are subject to the City of Pittsburg local standards for Fire Safety and Building Safety.
B. Site Standards. Section 3 (Site Standards)
(1) Screening. The standards of Subsection 3.020 (Screening) apply to all new elements specified in Subsection 3.020 (Screening) for:
(a) All new development;
(b) Additions over 25 percent of the existing floor area of primary building; (c) Reconstruction or reconfiguration of existing primary building that includes a remodel affecting more than 25 percent of existing floor area;
(d) Replacement of existing fencing or screening; and/or (e) Installation of new equipment (e.g, HVAC, backflow preventer, etc.) (2) Landscaping and Tree Standards.
(a) Landscaping Standards. Refer to Article VII. Landscaping, Irrigation and Hydroseeding of Title 18 (Zoning) for applicable standards.
(b) Tree Standards. Refer to Article XIX. Tree Preservation and Protection of Title 18 (Zoning) for applicable standards
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(3) Parking. The standards of Subsection 3.030 (Parking) apply to the following:
(a) New development;
(b) Changes in land use; and/or
(c) Changes in intensity of buildings or structures made after the effective date of this ODS that cause an increase or decrease of 25 percent or greater in:
i. Gross floor area;
ii. Seating capacity;
iii. Units; and/or
iv. Parking spaces.
(d) Parking lot and access shall be redesigned in compliance with Subsection 3.030 (Parking) when additional parking of at least 25 percent from existing is proposed. (4) Large Site Standards. The standards of Subsection 3.040 (Large Sites) apply to new development on a project of at least five acres in area and at least 800 feet in length along the front or side street as follows:
(a) Design Sites
i. New buildings are required to be designed in compliance with the design site width and depth standards of the ODS zone.
ii. This ODS does not require the recordation of design site lines. The design site width and depth standards are for the purpose of consistently achieving pedestrian-oriented and scaled buildings.
(b) Blocks and Thoroughfares
i. Development sites shall be divided into new blocks in compliance with Subsection
3.040.7 (Block Size).
ii. New thoroughfares are required to form blocks in compliance with Table 3.040.7 (Block Size).
iii. When designing a new thoroughfare or retrofitting an existing thoroughfare, the standards in Roadway Standard Details of the City Council Resolution 07-10785, City Standard Details and Specifications, apply.
(c) Applying Zones for Developments over 20 acres.
i. Developments shall apply at least two zones using only the zones established in Section 2 (ODS Zone Standards) and in compliance with Table 3.040.B (Available Zones by General Plan Land Use Designation).
(d) Civic Space Types. See Section 7 (Civic Space Types).
C. Building Type Standards. The standards of Section 4 (Building Types) apply to the following:
(1) New buildings (except public safety buildings); and (2) Additions over 50 percent of the existing floor area of primary building (except public safety buildings).
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D. Frontage Type Standards. The standards of Section 6 (Frontage Types) apply to the following:
(1) New buildings;
(2) Existing buildings within 30 feet of the front or side street or public open space; (3) Private property improvement on existing building within 30 feet of a front or side street; and (4) Modification of pedestrian entrance(s) on existing building within 30 feet of a front or side street.
E. Civic Space Type Standards. The standards of Section 7 (Civic Space Types) apply to the following:
(1) Development sites larger than three acres are required to create new civic space(s) in compliance with Section 7 (Civic Space Types).
F. Nonconforming Situations. The standards of Chapter 18.76 (Nonconforming Uses and Structures) in Title 18 (Zoning) apply to all nonconforming situations G. Permits and Procedures. Applications for development are to be processed in compliance with the procedures identified in Subsection 1.060 (Permits and Procedures) .
1.040 Relationship to the City of Pittsburg General Plan This ODS implements the City's General Plan vision through a palette of ODS zones described in Section 2 (ODS Zone Standards). This ODS is applied to walkable environments, existing or new. Walkable is described as an environment that is pedestrian-oriented in nature, with a variety of housing choices, where bicycling and walking are viable daily options because services, retail, or restaurants are within 2,000 linear feet of most residences in the development.
1.050 Relationship to Title 18 (Zoning)
Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) identifies the relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) only for parcel(s) mapped with ODS zones subject to Article XXI, Chapter 18.84 (Objective Design Standards). All other content in Title 18 (Zoning) not identified in the table continue to apply. 5 Introduction
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Table 1.050.A: Relationship of Article XXI, Chapter 18.84 (Objective Design Standards) to Title 18 (Zoning) Title 18 (Zoning) Article XXI, Chapter 18.84 (Objective Design Standards) Division/Chapter Description Status
Division I General Provisions Superseded by Chapter 1 (Introduction), except as noted otherwise.
Division II Administration Superseded by Subsection 1.060 (Permits and Procedures), except as noted otherwise.
Division III Base District Regulations
Chapter 18.50 Residential Districts:
RM, RMD, RH, RHD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.
Chapter 18.52 Commercial Districts:
CC, CN, CP, CS, CSD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.
Chapter 18.53 Mixed Use Districts:
M
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.
Chapter 18.62 Planned Development Districts:
PD
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.
Division IV Overlay District Regulations
Chapter 18.74 Residential and Commercial Districts:
RM-O, RMD-O, CS-O
Superseded by this Article XXI, Chapter 18.84 (Objective Design Standards), except as noted otherwise.
Division V General Land Use Regulations
Chapter 18.78 Off-Street Parking and Loading Superseded by Table F (On-Site Vehicular and Bicycle Parking) of the ODS zone, and Subsection 3.030 (Parking), except as noted otherwise.
Chapter 18.80 Development Standards for All Uses
18.80.010 Building Projections Superseded by Table E (Building Placement) of the ODS zone
18.80.015 Flag Lot Superseded by Table C (Building Types and Design Site Size) of the ODS zone
18.80.025 Mechanical and Utility
Equipment
Superseded by Subsection 3.020 (Screening), except as
noted otherwise.
18.80.050 Street Line, Minimum length Superseded by Table E (Building Placement) of the ODS zone Chapter 18.84 Special Land Use Regulations Applicable to Specific Uses Article IV. Fences and Walls Superseded by Subsection 3.020 (Screening), except as noted otherwise.
All Divisions within Title 18 (Zoning) apply unless specified by this table. 6 Introduction
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1.060 Permits and Procedures
1. Procedures for Applications Filed Under Senate Bill 35 A. Applicability
(1) This Subsection applies to housing development projects applying for approval under Government Code §65913.4 and replaces the City's procedures for reviewing discretionary applications.
(2) Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing . However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter 18.84 (Objective Design Standards). (3) This Subsection shall remain in effect for the same period as Senate Bill 35 provisions contained in Government Code §65913.4. Unless Senate Bill 35 provisions are extended by the State Legislature, this Subsection shall remain in effect only until January 1, 2026, and as of that date is repealed.
(4) The California Environmental Quality Act (CEQA) does not apply to projects eligible under Senate Bill 35.
(5) The Department of Housing and Community Development is charged with developing guidelines for implementing Senate Bill 35. These procedures may change if required by changes in those guidelines or in Government Code §65913.4.
B. Definitions. Terms defined in Government Code §65913.4 shall apply to this Subsection and shall control in the event of a conflict between definitions in this ODS and definitions in Government Code §65913.4.
C. Application Filing
(1) Preliminary Application Filing . An applicant shall file a notice of intent to submit a Senate Bill 35 application in the form of a preliminary application consistent with Government Code §65941.1.
(a) Form. A preliminary application shall be filed on a form provided by the City with the required fee. If the City has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.
(b) Timeline. Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full Senate Bill 35 application, provided scoping consultation has concluded consistent with Subsection 1.060.1.C.(1).(c) (Scoping Consultation). 7 Introduction
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(c) Scoping Consultation
i. Upon receipt of the preliminary application, the City shall contact the Native American Heritage Commission for assistance in identifying any California Native American tribe that should be noticed. The City shall provide a formal notice of the applicant's intent to submit a full application to each required California Native American tribe within 30 days of preliminary application submittal. The formal notice shall be consistent with Government Code §65913.4(b).
ii. If, within 30 days of receipt of the formal notice, any California Native American tribe that was formally noticed accepts the invitation to engage in scoping consultation, the City shall commence scoping consultation within 30 days of receiving that response. iii. Scoping consultation shall be conducted consistent with Government Code §65913.4(b).
If, after scoping consultation is concluded, a development is not eligible for Senate Bill 35 streamlining, the City shall provide written documentation as required by Government Code §65913.4(b) to the applicant and any California Native American tribe that is a party to that scoping consultation.
(2) Full Application . If the development remains eligible to apply under Senate Bill 35 after scoping consultation consistent with Government Code §65913.4(b) has concluded, an applicant may file a full Senate Bill 35 application on a form provided by the City with the required fee.
D. Completeness Review . The City shall review an application for compliance consistent with Subsection 1.060.1.E (Compliance Review); there shall be no separate or additional time frame for completeness review. Only the items necessary to determine compliance with the provisions contained in Government Code §65913.4(a) shall be required.
E. Compliance Review
(1) Scope of Review. The Review Authority’s scope of review is limited to all of the provisions contained in Government Code §65913.4(a) and the objective standards in effect at the time of preliminary application submittal.
(2) Review Time frames and Review Authority
(a) Consistency Review . The Zoning Administrator or his/her designee shall determine if the application complies with all of the provisions contained in Government Code §65913.4(a) and applicable objective standards within the following time frames:
i. Within 60 calendar days of application submittal for applications that include 150 or fewer housing units.
ii. Within 90 calendar days of application submittal for applications that include 151 or more housing units.
(b) Design Review or Public Oversight . Any design review or public oversight (i.e., Planning Commission review) to determine if the application complies with all of the provisions contained in Government Code §65913.4(a) and applicable objective standards shall occur within the following time frames:
i. Within 90 calendar days of application submittal for applications that include 150 or fewer housing units.
ii. Within 180 calendar days of application submittal for applications that include 151 or more housing units.
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(3) Compliance Determination
(a) Compliant Application. If the application complies with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the City shall complete any design review or public oversight and any subdivision approval within the time frames listed in this Subsection 1.060.1.E (Compliance Review). Only objective design and subdivision standards may be applied. See Subsection 1.060.1.F (Decision on Project). (b) Non-Compliant Application. If the application does not comply with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the Review Authority shall make the following determination:
i. If the application does not comply with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, the Review Authority shall provide the applicant with written documentation of which standards the development conflicts with and an explanation of the reasons the development conflicts with each standard.
ii. Resubmitted Application. If the project was found to be non-compliant, the applicant may resubmit the application for Senate Bill 35 streamlining, and the City shall review it for compliance with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards subject to the same timelines in this Subsection. iii. Project Ineligible. If the project is ineligible for Senate Bill 35 streamlined processing, the applicant may elect to submit an application for the applicable discretionary approval.
F. Decision on Project
(1) Project Approval and Findings. The Review Authority shall approve the application if the Review Authority finds that the proposed development is compliant with all of the provisions contained in Government Code §65913.4(a) and all applicable objective standards, including objective subdivision standards.
(2) Conditions of Approval. The Review Authority may impose conditions of approval provided those conditions of approval are objective and broadly applicable to development within the City.
G. Post-decision Procedures
(1) Subsequent Permits. Any necessary subsequent permits shall be issued on a ministerial basis subject to applicable objective standards. If a public improvement is necessary to implement a development subject to this Subsection, and that public improvement is located on land owned by the City , the Review Authority shall process any approvals needed as required by Government Code §65913.4(h)(3).
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 295
(2) Post-Approval Modifications
(a) Post-Approval Modification Request. An applicant or the City may request a modification to an approved development if that request is made prior to the issuance of the final building permit.
(b) Applicability of Objective Standards to Modifications. The Review Authority shall only apply objective standards in effect when the original application was submitted, except that objective standards adopted after the date of original submittal may be applied in any of the following instances:
i. The total number of residential units or total square footage of construction changes by 15 percent or more; or
ii. The total number of residential units or total square footage of construction changes by five percent or more, and it is necessary to subject the development to an objective standard beyond those in effect when the application was submitted in order to mitigate or avoid a specific adverse impact upon public health of safety, for which there is no feasible alternative method to satisfactorily mitigate or avoid. (c) Post-Approval Modification Review Time frame and Decision. The Review Authority shall determine if the modification is consistent with objective planning standards and issue a decision on the applicant’s modification request within 60 days after submittal unless design review is required, in which case a decision shall be made within 90 days. (3) Expiration. An application approved consistent with this Subsection shall remain valid for three years; however, an application approval shall not expire if the development includes public investment in housing affordability, beyond tax credits, where 50 percent of the units are affordable to households making at or below 80 percent of the area median income consistent with Government Code §65913.4(f).
(4) Extension. At the discretion of the Review Authority, a one-year extension may be granted consistent with Government Code §65913.4(f)(3).
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 296
2. Procedures for applications filed consistent with the Housing Accountability Act A. Applicability
(1) This Subsection applies to housing development projects as defined by Government Code §65589.5(h)(2).
(2) Pursuant to California state law, affordable housing projects, farmworker housing and emergency shelters [all as defined in Section 8 of the ODS (Definitions)] are subject to objective design review standards. The State Legislature imposed this requirement to facilitate the creation of new housing . However, the City recognizes that for certain projects, Article XXI, Chapter 18.84 (Objective Design Standards) may be more burdensome than the City’s standard zoning process under Title 18 (Zoning). To further the intent of the State Legislature in streamlining the application and approval process for these projects, the City requires the applicant to select one of the following set of objective design standards to apply to their project: (1) Title 18 (Zoning) or (2) Article XXI, Chapter 18.84 (Objective Design Standards). (3) This Subsection shall remain in effect for the same period as provisions contained in the Government Code §65589.5 (Housing Accountability Act). Any provisions that are not extended by the State Legislature shall be repealed as of the date those provisions in the Housing Accountability Act are deemed null and void.
B. Definitions. Terms defined in Government Code §65589.5 shall apply to this Subsection and shall control in the event of a conflict between definitions in this ODS and definitions in Government Code §65589.5.
C. Application Filing
(1) Preliminary Application Filing (Optional). An applicant may file a preliminary application consistent with Government Code §65941.1.
(a) A preliminary application shall be filed on a form provided by the City with the required fee. If the City has not prepared a form, a preliminary application shall be filed on the standardized form adopted by the California Department of Housing and Community Development.
(b) Within 180 calendar days after submitting a preliminary application, an applicant shall submit a full application for the housing development.
(2) Full Application. An applicant may file a full application for a housing development without filing a preliminary application. The full application shall be filed on a form provided by the City with the required fee.
D. Conflicting Procedures. This Subsection provides additional procedures that shall be followed for applicable projects. If conflicts occur between the City's procedures and the procedures of this Subsection, this Subsection shall control.
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 297
E. Completeness Review
(1) Preliminary Application. If a preliminary application is filed, the preliminary application shall be deemed complete when the preliminary application containing all of the information listed in the preliminary application form is submitted. If all listed information is not provided, the City shall request the missing information from the applicant.
(2) Full Application
(a) Once a full application is submitted, the City shall inform the applicant in writing within 30 calendar days of submittal or resubmittal that the application is complete or incomplete and the additional information required consistent with Government Code §65943. Only information requested in the City's application forms can be requested. If the City does not provide written notification within this time frame, the application shall be deemed complete. The City shall review each resubmittal within the 30-day period and cannot request information that was not listed in the first incompleteness letter. (b) If an applicant receives written notification that the application is incomplete, and a preliminary application was submitted for the housing development, the applicant shall submit the information needed to complete the application within 180 calendar days of receiving the written notification of incompleteness. If the applicant does not submit this information within this time frame, the preliminary application shall expire and have no further force or effect.
(c) If a second determination of incompleteness is provided, the applicant shall be able to appeal the decision to the City Council. The City shall make a decision on the appeal no later than 60 calendar days after receipt of the applicant’s written appeal. The initial appeal may be to the Planning Commission, but in that case the City Council shall still make a decision within 60 days. If the decision on the appeal is not made within this time frame, the application shall be deemed complete.
F. Compliance Review
(1) Scope of Review
(a) Housing Development with a Preliminary Application Submittal. A housing development for which a preliminary application was submitted shall only be subject to the ordinances, policies, and standards adopted and in effect when the preliminary application is submitted, except in the following circumstances:
i. A fee, charge, or other monetary exaction increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or monetary exaction. ii. A preponderance of the evidence in the record establishes that subjecting the housing development to an ordinance, policy, or standard beyond those in effect when the preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact. iii. Subjecting the housing development to an ordinance, policy, standard, or any other measure, beyond those in effect when the preliminary application was submitted is necessary to avoid or substantially lessen an impact consistent with CEQA. 12 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 298
iv. The housing development has not commenced construction within 2.5 years following the date of the housing development’s final approval (as defined in Government Code §65589.5(o)(1)(D)).
v. The number of residential units or square footage of construction proposed changes by 20 percent or more, exclusive of any increase resulting from a density bonus, incentive, concession, waiver, or similar provision.
(b) Housing Development without a Preliminary Application Submittal. A housing development shall be subject to objective standards in effect when the application was deemed complete.
(2) Review Time frames
(a) Applications for housing development containing 150 or fewer units shall be reviewed for compliance with applicable objective standards within 30 calendar days of being deemed complete.
(b) Applications for housing development containing more than 150 units shall be reviewed for compliance with applicable objective standards within 60 calendar days of being deemed complete.
(3) Review Authority. The Review Authority shall be the Review Authority consistent with the City's procedures for the full application; however, if the Director of Planning & Building or his/her designee is not the Review Authority, the Director of Planning & Building or his/her designee may serve as the Review Authority, if necessary, to comply with Review Timelines described in Subsection 1.060.2.F.(2) (Review Time frames).
(4) Compliance Determination
(a) The Review Authority shall identify the specific standard(s) that the project does not comply with and provide an explanation of the reason(s) why the housing development is considered to be inconsistent or non-compliant with identified provisions and shall provide the written determination to the applicant.
(b) A housing development is considered in compliance with this ODS, and shall not require a Zoning Map Amendment, if the housing development complies with objective General Plan standards but the zoning for the housing development site is inconsistent with the General Plan.
(5) Limited Hearings/Meetings. If a housing development complies with applicable objective standards, the City shall not conduct more than five public hearings (including continuances), workshops, or similar meetings after the full application is complete in connection with the approval of the housing development consistent with Government Code §65905.5. Meetings required by CEQA are exempt from the limit.
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 299
G. Findings and Decision
(1) Findings
(a) If the proposed housing development complies with applicable objective General Plan, zoning, and subdivision standards and criteria, including design review standards, the Review Authority may only deny the housing development or conditionally approve the housing development at a lower density if the Review Authority makes written findings supported by a preponderance of the evidence in the record that:
i. The housing development would have a specific, adverse impact upon the public health or safety unless the housing development is denied or conditionally approved at a lower density. A "specific, adverse impact" means a "significant, quantifiable, direct, and unavoidable impact, based on identified written public health or safety standards, policies, or conditions as they existed on the date that the project was deemed complete"; and
ii. There is no feasible method to satisfactorily mitigate or avoid the adverse impact other than the denial of the housing development or conditional approval of the housing development at a lower density.
(b) If the housing development includes 20 percent of units affordable to very low or low- income households, 100 percent of units affordable or moderate or middle income households, or an emergency shelter, the Review Authority shall approve the housing development unless the Review Authority makes written findings supported by a preponderance of the evidence in the record, as to at least one of the findings in Government Code §65589.5(d).
(2) Decision Time frames. The Review Authority shall approve or deny the housing development within the following applicable period:
(a) 90 days from Environmental Impact Report certification; (b) 60 days from Environmental Impact Report certification for an affordable housing development consistent with Government Code §65950(a)(3); (c) 60 days from adoption of a Negative Declaration; or (d) 60 days from determination of CEQA exemption.
H. Post-Decision Procedures. Post-decision procedures for the required permit (full application) shall be followed provided those procedures do not conflict with applicable Government Code sections for housing developments (i.e., Housing Accountability Act, Government Code §65589.5). 14 Introduction
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 300
Figure 1.060.A: Process for Developments Eligible for Senate Bill 35 Streamlining with 150 units or Fewer (Government Code §65913.4)
Does the development have 150 units or fewer?
An applicant electing to use SB 35 streamlining submits a preliminary application.
Yes No
Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
60-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code §65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 90-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
See Figure 1.060.2
Written explanation of standards
that aren’t complied with (within
required time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under
other local process
Scoping consultation conducted per Gov Code §65913.4(b).
After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.
After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
15 Introduction
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 301
Figure 1.060.B: Process for Developments Eligible for Senate Bill 35 Streamlining with 151 units or More (Government Code §65913.4)
An applicant electing to use SB 35 streamlining submits a preliminary application.
Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
90-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code §65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 180-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
Written explanation of standards that
aren’t complied with (within required
time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under SB
35 (or other local process)
Does the development have 151 units or more?
Yes No See Figure 1.060.1
Scoping consultation conducted per Gov Code §65913.4(b).
After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.
After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
An applicant electing to use SB 35 streamlining submits a preliminary application.
Consistency Review
Staff to determine if development complies with
Gov Code §65913.4(a) and objective standards in
effect at time of preliminary application submittal.
90-day time frame from application submittal
Design Review or Public Oversight
Review Authority to determine if development
complies with Gov Code §65913.4(a) and objective
standards in effect at time of preliminary
application submittal. 180-day time frame from
application submittal
Development does NOT comply with
Gov Code §65913.4(a) and/or objective
standards
Development complies with Gov Code
§65913.4(a) and objective standards
Written explanation of standards that
aren’t complied with (within required
time frame)
Development is
approved
Applicant may correct
noncompliant items
and resubmit under SB
35 subject to the same
timelines above
Applicant may resubmit
new application under SB
35 (or other local process)
Does the development have 151 units or more?
Yes No
Scoping consultation conducted per Gov Code §65913.4(b).
After scoping consultation, if development is eligible for SB 35 streamlining, applicant submits a full application within 180 days from preliminary application submittal.
After scoping consultation, if
development is not eligible for SB 35
streamlining, applicant may resubmit
under other local process
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20231.060: Permits and Procedures 302
Figure 1.060.C: Process for Developments Eligible for Housing Accountability Act (HAA) Protection (Government Code §65589.5)
Is it a preliminary application (per Gov Code
§65941.1)?
An applicant submits a development application eligible for protection under the HAA.
Yes No
Development shall be subject
to objective standards in effect
when application deemed
complete
Development shall only be
subject to objective standards
in effect at time of complete
preliminary application
submittal
Applicant submit a full application
within 180 days from preliminary
application submittal
Jurisdiction has 30 days to
review for completeness. Is it a
complete application per Gov
Code §65943?
Yes NoApplication deemed complete
Jurisdiction does NOT provide
completeness letter within 30 days
Jurisdiction provides completeness
letter within 30 days
Does the
development have
150 units or fewer?
Yes No
Applicant submits specific
information requested
Jurisdiction has 30 days from
deemed complete to review for
compliance
Jurisdiction has 60 days from
deemed complete to review for
compliance
If a preliminary application
was submitted, and applicant
does NOT submit required
information within 180 days of
receipt of completeness letter,
preliminary application expires
Upon a second incompleteness
determination, applicant may
appeal. Decision on appeal
within 60 daysIf in compliance, OR if review
NOT completed with time
frame, development deemed in
compliance
No more than five hearings/
meetings may be held before
decision
Final decision within 60 days of CEQA
exemption determination, MND adoption,
or EIR certification for affordable housing
developments; 90 days after EIR certification
for all other residential developments
If not in
compliance,
jurisdiction
identifies
and explains
reason(s) for non-
compliance in
writing. Applicant
resubmits.
Application deemed complete
Is it a preliminary application (per Gov Code
§65941.1)?
An applicant submits a development application eligible for protection under the HAA.
Yes No
Development shall be subject
to objective standards in effect
when application deemed
complete
Development shall only be
subject to objective standards
in effect at time of complete
preliminary application
submittal
Applicant submit a full application
within 180 days from preliminary
application submittal
Jurisdiction has 30 days to
review for completeness. Is it a
complete application per Gov
Code §65943?
Yes No
Jurisdiction does NOT provide
completeness letter within 30 days
Jurisdiction provides completeness
letter within 30 days
Does the
development have
150 units or fewer?
Yes No
Applicant submits specific
information requested
Jurisdiction has 30 days from
deemed complete to review for
compliance
Jurisdiction has 60 days from
deemed complete to review for
compliance
If a preliminary application
was submitted, and applicant
does NOT submit required
information within 180 days of
receipt of completeness letter,
preliminary application expires
Upon a second incompleteness
determination, applicant may
appeal. Decision on appeal
within 60 daysIf in compliance, OR if review
NOT completed with time
frame, development deemed in
compliance
No more than five hearings/
meetings may be held before
decision
Final decision within 60 days of CEQA
exemption determination, MND adoption,
or EIR certification for affordable housing
developments; 90 days after EIR certification
for all other residential developments
If not in
compliance,
jurisdiction
identifies
and explains
reason(s) for non-
compliance in
writing. Applicant
resubmits.
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 1.060: Permits and Procedures 303
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304
2.010 Purpose
This Section provides zones and standards to implement the City of Pittsburg General Plan to generate and support the variety of physical character of the intended development.
2.020 ODS Overlay Map
The zones established in this Section are mapped on Figure 2.020.1 (ODS Overlay Map). In addition to identifying the zoning for each parcel, Figure 2.020.1 (ODS Overlay Map) identifies specific urban design requirements.
2.030 Overview of ODS Zones
Table 2.020.A (Overview of ODS Zones) provides an overview of each ODS zone and its intent. This information is to show how the broader transects have been applied, and as qualitative background information on the intended physical character, allowed range of uses, and direction for the detailed standards in each ODS zone. See referenced Subsection(s) for standards.
Section 2: ODS Zone Standards
Subsections:
2.010 Purpose
2.020 ODS Overlay Map
2.030 Overview of ODS Zones
2.040 T3 Neighborhood (T3N)
2.050 T4 Neighborhood (T4N)
2.060 T4 Main Street (T4MS)
2.070 T5 Neighborhood (T5N)
2.080 T5 Main Street (T5MS)
2.090 Allowed Uses
19 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 305
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.1 ODS Overlay Map
Figure 2.020.2 ODS Overlay Map - Area 1
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
20 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.010: Purpose W Leland Rd W Leland Rd
Bailey RdBailey Rd
Willow Pass RdWillow Pass Rd
306
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.1 ODS Overlay Map
Figure 2.020.3 ODS Overlay Map - Area 2
Figure 2.020.5 ODS Overlay Map - Area 4
Figure 2.020.4 ODS Overlay Map - Area 3
California Delta HwyCalifornia Delta Hwy
21 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones Railroad AveRailroad Ave
Loveridge RdLoveridge RdCrestview DrCrestview Dr
N Parkside DrN Parkside Dr
W 10th StW 10th St
W Leland Rd W Leland Rd
E Leland Rd E Leland Rd
Buchanan RdBuchanan Rd
E 14th StE 14th St
Harbor StHarbor St
307
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.2 ODS Overlay Map - Area 1
California Delta HwyCalifornia Delta Hwy
W Leland RdW Leland Rd
Bailey RdBailey Rd W Leland RdW Leland Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
22 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 308
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.3 ODS Overlay Map - Area 2
Railroad AveRailroad Ave
W 10th StW 10th St
E 10th StE 10th St
E 14th StE 14th St
Harbor StHarbor St
Power AvePower Ave
N Parkside DrN Parkside Dr
California Delta HwyCalifornia Delta Hwy
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
23 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 309
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.4 ODS Overlay Map - Area 3
Railroad AveRailroad Ave
E 14th StE 14th St
Harbor StHarbor St
Power AvePower Ave
California Delta HwyCalifornia Delta HwyW Leland RdW Leland Rd E Leland RdE Leland Rd
Buchanan RdBuchanan Rd
Loveridge RdLoveridge Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
24 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 310
T3
T4N
T4MS
T5N
T5MS
Large Site >5 ac and
>800 ft wide
Large Site > 20 ac
Regulatory Plan
Non-ODS Applicable Zones
BART Station
BART Line
BART Pedestrian Shed
RASP
Bay Point Master Plan
Figure 2.020.5 ODS Overlay Map - Area 4
California Delta HwyCalifornia Delta Hwy
Pittsburg-Antioch HwyPittsburg-Antioch Hwy
Loveridge RdLoveridge Rd
E Leland RdE Leland Rd
Buchanan RdBuchanan Rd
T3N
T4N
T4MS
T5N
T5MS
Large Site > 5 ac and > 800 ft wide
Large site > 20 ac
Zones where ODS do not apply
BART Station
BART Line
BART Pedestrian Walkshed
RASP
BayPoint Master Plan
25 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 311
T4 Neighborhood 2.050
Zone Abbreviation
T4N
Intent
A walkable neighborhood environment of small-to-medium
footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Small-to-Medium Front Setbacks
Small-to-Medium Side Setbacks
Up to 4 Stories
Less Urban
Table 2.030.A: Overview of ODS Zones
T3 Neighborhood 2.040
Zone Abbreviation
T3N
Intent
A walkable neighborhood environment of small-to-medium
footprint, low-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
Desired Form
House-Scale Buildings
Primarily Detached Buildings
Small-to-Medium Building Footprint
Medium-to-Large Front Setbacks
Medium-to-Large Side Setbacks
Up to 3 Stories
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 312
Table 2.030.A: Overview of ODS Zones (Continued)
T4 Main Street 2.060
Zone Abbreviation
T4MS
Intent
A walkable district of medium footprint, moderate intensity, mixed-use buildings and housing choices, supporting
neighborhood-serving ground floor retail, food and services.
Desired Form
Mostly Block-Scale Buildings
Primarily Attached Buildings
Medium Building Footprint
Small-to-None Front Setbacks
Small-to-None Side Setbacks
Up to 3 Stories
T5 Neighborhood 2.070
Zone Abbreviation
T5N
Intent
A walkable neighborhood environment with medium-to-large footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
Desired Form
Primarily Block-Scale Buildings
Primarily Attached Buildings
Medium-to-Large Building Footprint
Small Front Setbacks
Small Side Setbacks
Up to 5 Stories
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.030: Overview of ODS Zones 313
Table 2.030.A: Overview of ODS Zones (Continued)
T5 Main Street 2.080
Zone Abbreviation
T5MS
Intent
A walkable district of medium-to-large footprint, mixed-use buildings and housing choices, supporting neighborhood- serving ground floor retail, food and services.
Desired Form
Block-Scale Buildings
Primarily Attached Buildings
Medium-to-Large Building Footprint
Small-to-None Front Setbacks
Small-to-None Side Setbacks
Up to 5 Stories
More Urban
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.030: Overview of ODS Zones 314
2.040 T3 Neighborhood (T3N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.
Table 2.040.A Intent
A walkable neighborhood environment of small-to-medium
footprint, low-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
29 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 315
Table 2.040.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Duplex Side-by-Side 60' min. 110' min.
Duplex Stacked 50' min. 100' min.
Cottage Court 90' min. 120' min.
Townhouse 25' min. 100' min.
Design Site
Each design site shall have only one primary building type.
Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Subsection 3.040 (Large Sites).
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.
Table 2.040.C Building Form
Primary Building
Stories 3 max.
To Highest Eave/Parapet 35' max.
Overall 40' max.
Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.
Common entries may be set at grade in compliance with
local and federal accessibility standards.
Habitable Space on Ground Floor along front facade
Depth 12' min. Cottage Court
30' min. All Other Building
Types
Ground Floor Clear Height
Residential Uses 9' min.
Non-Residential Uses 10' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.
Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.040.1
Figure 2.040.2
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.040: T3 Neighborhood (T3N) 316
Table 2.040.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 15' min. 25' max.
Side Street (Facade Zone) 15' min. 25' max.
Side 7' min.
Rear 20' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.
Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.
No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 10 feet.
Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:
Front 60% min. exclusive of setbacks
Side Street 50% min. exclusive of setbacks
Table 2.040.E Frontages
Allowed Frontage Types Standards
Porch Projecting 6.040
Porch Engaged 6.050
Dooryard 6.060
Stoop 6.070
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.040.3
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.040: T3 Neighborhood (T3N) 317
Front Street (Narrowest Side)
Side Street
min.
min.min. min.
ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.040.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,000 sf 0 min.
≥ 1,000 sf 1.5 min. per 1,000 sf above first
1,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 45' min.
Side Street 25' min.
Side 5' min.
Rear 5' min.
Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.
Driveway
Curb Cut/Width
One-Way 12' max.
Two-Way Not Allowed
Curb cut width may exceed allowed max. width along alley.
Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.
Driveway access on corner design sites required from side street or rear.
Figure 2.040.4
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.040: T3 Neighborhood (T3N) 318
2.050 T4 Neighborhood (T4N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.
Table 2.050.A Intent
A walkable neighborhood environment of small-to-medium
footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
33 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 319
ROW Line
Key
ROW Line
Table 2.050.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Multiplex Small 60' min. 110' min.
Townhouse 18' min. 100' min.
Courtyard Building Small 100' min. 150' min.
Design Site
Each design site shall have only one primary building type.
Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.
Table 2.050.C Building Form
Primary Building
Stories 4 max.
To Highest Eave/Parapet 45' max.
Overall 50' max.
Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.
Common entries may be set at grade in compliance with
local and federal accessibility standards.
Habitable Space on Ground Floor along front facade
Depth 30' min.
Ground Floor Clear Height
Residential Uses 9' min.
Non-Residential Uses 10' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.
Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW/ Design Site Line
Key
Figure 2.050.1
Figure 2.050.2
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Table 2.050.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 10' min. 20' max.
Side Street (Facade Zone) 10' min. 20' max.
Side 5' min.
Rear 20' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.
Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.
No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 8 feet.
Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:
Front 65% min. exclusive of setbacks
Side Street 55% min. exclusive of setbacks
Table 2.050.E Frontages
Allowed Frontage Types Standards
Porch Projecting 6.040
Porch Engaged 6.050
Dooryard 6.060
Stoop 6.070
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.050.3
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.050: T4 Neighborhood (T4N) 321
Front Street (Narrowest Side)
Side Street
min.
min.min. min.
ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.050.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,500 sf 0 min.
≥ 1,500 sf 1.5 min. per 1,000 sf above first
1,500 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 40' min.
Side Street 20' min.
Side 5' min.
Rear 5' min.
Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.
Driveway
Curb Cut/Width
One-Way 10' max.
Two-Way Not Allowed
Curb cut width may exceed allowed max. width along alley.
Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.
Driveway access on corner design sites required from side street or rear.
Figure 2.050.4
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.050: T4 Neighborhood (T4N) 322
2.060 T4 Main Street (T4MS)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.
Table 2.060.A Intent
A walkable district of medium footprint, moderate intensity, mixed-use buildings and housing choices, supporting
neighborhood-serving ground floor retail, food and services. 37 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 323
Table 2.060.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Courtyard Building Small 100' min. 140' min.
Block-Scale
Townhouse 18' min. 100' min.
Main Street Building 25' min. 100' min.
Design Site
Each design site shall have only one primary building type.
Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.
Table 2.060.C Building Form
Primary Building
Stories 3 max.
To Highest Eave/Parapet 35' max.
Overall 40' max.
Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.
Common entries may be set at grade in compliance with
local and federal accessibility standards.
Habitable Space on Ground Floor along front facade
Depth 30' min.
Ground Floor Clear Height
All Uses 12' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.
Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.060.1
Figure 2.060.2
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.060: T4 Main Street (T4MS) 324
Table 2.060.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 0' min. 10' max.
Side Street (Facade Zone) 0' min. 10' max.
Side 0' min.
Rear 10' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.
Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.
Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 5 feet, but shall not encroach within public ROWs.
Upper stories Architectural Features on Front and Side
Street are allowed to encroach within public ROWs with a 10' min. of clearance.
Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:
Front 80% min. exclusive of setbacks
Side Street 70% min. exclusive of setbacks
Table 2.060.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Stoop 6.070
Forecourt 6.080
Shopfront 6.090
Terrace 6.100
Gallery 6.110
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.060.3
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City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.060: T4 Main Street (T4MS) 325
Front Street (Narrowest Side)
Side Street
min.
min.min. min.
ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.060.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 0.75 min. per unit
2 or More Bedrooms 1.25 min. per unit
Allowed Non-Residential Uses per Building
≤ 3,00 sf 0 min.
≥ 3,000 sf 1.5 min. per 1,000 sf above first
3,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 30' min.
Side Street 10' min.
Side 0' min.
Rear 5' min.
Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.
Driveway
Curb Cut/Width
One-Way 10' max.
Two-Way 14' max.
Curb cut width may exceed allowed max. width along alley.
Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.
Driveway access on corner design sites required from side street or rear.
Figure 2.060.4
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.060: T4 Main Street (T4MS) 326
2.070 T5 Neighborhood (T5N)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.
Table 2.070.A Intent
A walkable neighborhood environment with medium-to-large footprint, moderate-intensity housing choices, supporting and within short walking distance of neighborhood-serving retail and services.
41 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 327
Table 2.070.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
House-Scale
Multiplex Large 60' min. 110' min.
Block-Scale
Townhouse 18' min. 60' min.
Courtyard Building Large 110' min. 180' min.
Design Site
Each design site shall have only one primary building type.
Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.
Table 2.070.C Building Form
Primary Building
Stories 5 max.
To Highest Eave/Parapet 60' max.
Overall 65' max.
Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.
Common entries may be set at grade in compliance with
local and federal accessibility standards.
Habitable Space on Ground Floor along front facade
Depth 30' min.
Ground Floor Clear Height
Residential Uses 9' min.
Non-Residential Uses 12' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.
Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW Line
ROW/ Design Site Line
Key
Figure 2.070.1
Figure 2.070.2
42 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.070: T5 Neighborhood (T5N) 328
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.
Table 2.070.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 10' min. 15' max.
Side Street (Facade Zone) 10' min. 15' max.
Side 5' min.
Rear 15' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.
Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.
No internal Side setback required between Townhouses in a Run Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 8 feet.
Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:
Front 75% min. exclusive of setbacks
Side Street 65% min. exclusive of setbacks
Table 2.070.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Stoop 6.070
Forecourt 6.080
Terrace 6.100
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.070.3
43 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.070: T5 Neighborhood (T5N) 329
Front Street (Narrowest Side)
Side Street
min.
min.min. min.
ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.070.F On-Site Vehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 1.5 min. per unit
Allowed Non-Residential Uses per Building
≤ 1,500 sf 0 min.
≥ 1,500 sf 1.5 min. per 1,000 sf above first
1,500 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 35' min.
Side Street 15' min.
Side 5' min.
Rear 5' min.
Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.
Driveway
Curb Cut/Width
One-Way 10' max.
Two-Way 14' max.
Curb cut width may exceed allowed max. width along alley.
Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.
Driveway access on corner design sites required from side street or rear.
Figure 2.070.4
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.070: T5 Neighborhood (T5N) 330
2.080 T5 Main Street (T5MS)
General note: the illustrations above are intended to provide a brief overview of the zone and are descriptive in nature.
Table 2.080.A Intent
A walkable district of medium-to-large footprint, mixed-use buildings and housing choices, supporting neighborhood- serving ground floor retail, food and services.
45 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.080: T5 Main Street (T5MS) 331
Table 2.080.B Building Types and Design Site Size
Allowed Building Types
(Primary Building)
Design Site
Width Depth
Block-Scale
Courtyard Building Large 90' min. 170' min.
Main Street Building 25' min. 100' min.
Design Site
Each design site shall have only one primary building type.
Design sites of at least 5 acres and at least 800 feet wide along the Front or Side Street are required to include new street(s) and civic space per Section 3.040 (Large Sites).
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) of Title 18 (Zoning) for standards.
Table 2.080.C Building Form
Primary Building
Stories 5 max.
To Highest Eave/Parapet 60' max.
Overall 65' max.
Ground Floor Finish Floor Level
Residential Uses By allowed Frontage Type or
Base Flood Elevation Plus
1'; which ever is greater
Non-Residential Uses 6" max.
Common entries may be set at grade in compliance with
local and federal accessibility standards.
Habitable Space on Ground Floor along front facade
Depth 30' min.
Ground Floor Clear Height
All Uses 14' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development Standards) for standards.
Building Footprint and Massing
Additional standards Section 4 (Building Types) and
Section 5 (Massing and Facade
Articulation Standards)
ROW Line
Side Street
Front Street (Narrowest Side)
Interior
Design Site
Corner
Design Site
Interior
Design Site
ROW Line
Key
ROW/ Design Site Line
Key
Figure 2.080.1
Figure 2.080.2
46 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.080: T5 Main Street (T5MS) 332
Front Street (Narrowest Side)
Side Street
max.
min.
min.
max.
min.
Table 2.080.D Building Placement
Setback (Distance from ROW/ Design Site Line)
Primary Building
Front (Facade Zone) 0' min. 5' max.
Side Street (Facade Zone) 0' min. 5' max.
Side 0' min.
Rear 10' min.
Accessory Dwelling Unit/Junior Accessory Dwelling Unit
See Section 18.50.315 (Design and Development
Standards) for standards.
Accessory Structures
See Article I (Accessory Structures) of Chapter 18.84 for standards.
Encroachments into Minimum Setbacks
Architectural Features, including ramps and stairs, may encroach into minimum setbacks a maximum of 5 feet, but shall not encroach within public ROWs.
Upper stories Architectural Features on Front and Side
Street are allowed to encroach within public ROWs with a 10' min. of clearance.
Building Facade
Facade Zone Defined By Building
Total length of facade required within the facade zone:
Front 80% min. exclusive of setbacks
Side Street 70% min. exclusive of setbacks
Table 2.080.E Frontages
Allowed Frontage Types Standards
Dooryard 6.060
Forecourt 6.080
Shopfront 6.090
Terrace 6.100
Gallery 6.110
ROW/ Design Site Line
Building Setback Line
Buildable Area
Acc. Structures Only
Facade Zone
Key
Figure 2.080.3
47 ODS Zone Standards
City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 2.080: T5 Main Street (T5MS) 333
Front Street (Narrowest Side)
Side Street
min.
min.min. min.
ROW/ Design Site Line
Building Setback Line
Parking Area
Key
Table 2.080.F OnVehicular and Bicycle Parking
Vehicular Spaces
Residential Uses
Studio or 1 Bedroom 0.75 min. per unit
2 or More Bedrooms 1.25 min. per unit
Allowed Non-Residential Uses per Building
≤ 5,00 sf 0 min.
≥ 5,000 sf 1.5 min. per 1,000 sf above first
5,000 sf
Additional standards Subsection 3.030 (Parking)
Bicycle Spaces
Residential Uses
Studio or 1 Bedroom 1 min. per unit
2 or More Bedrooms 2 min. per unit
Setback (Distance from ROW/ Design Site Line)
Front 40' min.
Side Street 30' min.
Side 0' min.
Rear 5' min.
Bicycles may be parked anywhere on design site, in
compliance with pedestrian and vehicular access
standards.
Driveway
Curb Cut/Width
One-Way 10' max.
Two-Way 14' max.
Curb cut width may exceed allowed max. width along alley.
Driveways may be shared between adjacent design sites but shall not exceed maximum allowed width.
Driveway access on corner design sites required from side street or rear.
Figure 2.080.4
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City of Pittsburg Objective Design Standards 2023 Final Draft - July 20232.080: T5 Main Street (T5MS) 334
2.090 Allowed Uses
Refer to the underlying zone for the allowed uses and standards in Title 18, Division III. Base District Regulations.
49 ODS Zone Standards
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336
3.010 Purpose
This Section provides standards to ensure that new development accomplishes the following:
1. Makes a positive contribution to the development pattern of the area;
2. New or altered structures are compatible with the design and use of existing structures on neighboring properties;
3. Respects the existing conditions of neighboring properties; and
4. Does not adversely affect neighboring properties, with "adversely affect" meaning to impact in a substantial, negative manner the habitability of these properties.
Section 3: Site Standards
Subsections:
3.010 Purpose
3.020 Screening
3.030 Parking
3.040 Large Sites
51 City of Pittsburg Objective Design Standards 2023Final Draft - July 2023 337
3.020 Screening
1. Intent. This Subsection provides standards for screening, fences, and walls for the protection of property, the enhancement of privacy, the attenuation of noise, and the improvement of the visual environment.
2. Height Standards for Screening. Except for wall- and ground-mounted equipment that is not visible from the public right-of-way or abutting design sites, all equipment shall comply with the following:
A. Screening Height Maximums. Screening shall not exceed the maximums identified in Table 3.020.A (Maximum Height Allowed).
B. Screening Height Measurement. Screening height shall be measured as the vertical distance between the finished grade at the base of the screen and the top edge of the screen material.
Table 3.020.A: Maximum Height Allowed
ODS zone Item Maximum Height Allowed
Front Side St. Side Rear
T3N Fences 3' max. 3' max. 6' max. 6' max.