Agenda packet — Pleasant Hill City Council, January 10, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JANUARY 10, 2022
REGULAR MEETING – 7:00 PM

VIA TELECONFERENCING
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 936 4338 9569
Passcode: 758056
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 January 10, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
The meeting will be held via teleconference as allowed pursuant to City Council Resolution No. 63-21.

Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Public Participation Options
1) Watch the Meeting via Youtube Livestream
Watch the meeting live on YouTube at: www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments Before the Meeting
Send written comments to [email protected] (comments received by 4:00 p.m. on the day of the meeting will be provided to the City Council before the meeting). 3) If You Wish to Make a Public Comment During the Meeting When the Mayor invites the public for general comment or comments on specific agenda items, please use the "Raise hand" feature in Zoom (or press *9 if connecting via telephone only) which will alert staff that you wish to speak, and you will be invited to speak when it is your turn. Note that there may be multiple hearing items on the same agenda. There are two ways to join the meeting and make a public comment during the meeting:

City Council Meeting Agenda Page 2 January 10, 2022
a. Go to www.Zoom.us using your computer and entering the Meeting ID and Passcode provided near the top of this page. You will be placed into the meeting as an Attendee. You will not be seen or heard until it is your turn to speak.
b. Or by calling (669) 900-6833 and enter the Meeting ID and Passcode. Dial *9 to virtually “Raise Hand” in Zoom
We ask that you state your name and city of residence for the record when you start your comments.

When you are making a Public Comment during the meeting, please:
1) Try to be in a room or space without a lot of background noise. 2) Mute your microphone until it is your turn to speak, then mute your speakers while speaking. 3) Have a strong, reliable internet connection or cell phone signal.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection by contacting the City Clerk’s office at [email protected] or calling 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 29, and AT&T U-Verse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

1. CALL TO ORDER

2. ROLL CALL

3. PRESENTATIONS

3.1 Introduction of Interim City Treasurer Andrew Kalinowski

3.2 Proclamation Commending Mary Mc Carthy for Exemplary Service to the City of Pleasant Hill from 2005 to 2021

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.) City Council Meeting Agenda Page 3 January 10, 2022

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted via Teleconference on January 6, 2022 (B) Other Meetings Attended at City Expense

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To participate in the teleconferenced meeting, please see the Public Participation Options above.

7. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

7.1 Approve Minutes for the Special and Regular City Council Meetings of December 20, 2021

7.2 Approve Checks Dated: December 17, 2021; December 24, 2021; December 31, 2021

7.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

7.4 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

7.5 Approve Mayor’s Recommended Appointments of Councilmembers to Various Committees and Boards for 2022 and Ratification of Existing Committees

7.6 Adopt Resolution No. ___-22 Amending the Conflict of Interest Code and Rescinding Resolution No. 4-20

8. ADMINISTRATION AND FINANCE

8.1 Update on the Business Support Programs to Comprise the City's $500,000 Small Business Economic Stimulus Initiative Funded by the American Rescue Plan Act

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. ___-22 Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022/2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding

9.2 Presentation on the Status of Construction of the New Pleasant Hill Library

10. ADJOURNMENT
Next City Council Meeting: January 24, 2021

CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE SPECIAL AND REGULAR CITY COUNCIL MEETINGS OF DECEMBER 20, 2021

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

December 20, 2021 – Tentative Minutes – Special
December 20, 2021 – Tentative Minutes – Regular
Prepared by: Danielle K. Habr, City Clerk

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MINUTES OF THE
SPECIAL MEETING – CITY COUNCIL
December 20, 2021
City Council Special Meeting Minutes Page 1 December 20, 2021 Mayor Michael Harris called a Special Meeting of the City Council to order at 5:30 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on December 16, 2021 by Deputy City Clerk Juanita Davalos.

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

4. OPEN SESSION

4.1 Conduct Interviews and Adopt Resolution No. 74-21 Appointing an Interim City Treasurer to Fill the Vacancy Until a New City Treasurer to be Elected by the Voters in November 2022 is Certified
Mayor Harris introduced himself and welcomed Interim City Treasurer candidate Andrew Kalinowski.

Mr. Kalinowski introduced himself and answered questions from the City Council.

Mayor Harris introduced himself and welcomed Interim City Treasurer candidate Parham Mirshahpanah.

Mr. Mirshahpanah introduced himself and answered questions from the City Council.

The Council discussed the interviews.

Motion (Carlson/Rinn) to Approve Item 4.1 to appoint Andrew Kalinowski as Interim City Treasurer carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
Mayor Harris thanked Mr. Mirshahpanah for interviewing and congratulated Mr. Kalinowski on his appointment. Councilmembers also thanked and congratulated Mr. Kalinowski.

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Attachment: December 20, 2021 - Tentative Minutes - Special (Minutes) City Council Special Meeting Minutes Page 2 December 20, 2021

5. CLOSED SESSION

5.1 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION The City Council went into closed session.

6. ADJOURNMENT
Mayor Harris adjourned at 6:34 p.m. to the regular meeting on Monday, December 20, 2021 via teleconference.

DANIELLE K. HABR, CITY CLERK

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Attachment: December 20, 2021 - Tentative Minutes - Special (Minutes)

MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
December 20, 2021
City Council Meeting Minutes Page 1 December 20, 2021
Mayor Michael Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on December 16, 2021 by Deputy City Clerk Juanita Davalos.

3. PRESENTATIONS
None

4. CITY MANAGER COMMENTS
June Catalano, City Manager reported that:
 Heavy rain is expected and Maintenance staff is prepared;  The Gregory Gardens Storm Drain Project, funded by the American Rescue Plan Act (ARPA), is out to public bid with the bid opening scheduled for January 5, 2022, work is expected from February 2022 to May 2022, and once the project is completed, the new storm drain system should alleviate localized flooding after heavy rains; and  A (virtual) Library Town Hall meeting is scheduled for January 13, 2022.

Councilmember Rinn thanked and complimented staff for preparing and maintaining the sandbag stations for the recent storm.

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None

5.2. Announcements from Councilmembers
Councilmember Carlson reported that as part of the John Muir Community Health Fund (JMCH Fund), on December 7
th
, Senator Glazier named La Clinica de la Raza in Concord as non-profit of the year for Senate District 7. He explained La Clinica is a federally qualified healthcare provider which increased its community services and resources during the pandemic. Councilmember Carlson also reported attending the graduation of the fifth cohort of the Healthcare Career Pathways CNA (certified nursing assistant) Program, a statewide program for which the Governor

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes) City Council Meeting Minutes Page 2 December 20, 2021
approved funding to bring the program to five counties across the state. He also reported that he chaired his last meeting on the JMCH Fund Board and expressed the privilege it was to serve.

Mayor Harris thanked Councilmember Carlson for his tenure on the Board and thanked Councilmember Rinn for continuing to serve on the Board.

Councilmember Rinn congratulated Councilmember Carlson on his eight years with the JMCH Fund and all of the accomplishments during that time. He also reported that he serves on the Marin Clean Energy (MCE) Board and that with reduced flow rates from the drought, they are not able to generate as much hydropower as resources are stretched, but with the rains, reservoirs should rise and flow rates should increase. Councilmember Rinn noted he should have an update in the spring.

Councilmember Noack reported she attended the Sonesta Hotel ribbon cutting and she and Councilmember Carlson attended Choice in Aging’s fundraising campaign for their new wraparound services campus.

Councilmember Carlson reported he attended the College Park winter art showcase fundraiser.

Mayor Harris reported he attended the Sonesta Hotel ribbon cutting, Chamber of Commerce mixer, and a virtual lunch for the Food Bank of Contra Costa and Sonoma Counties. He noted that food deprivation is a major issue, especially now.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Janet Coleson, City Attorney, reported that the Council held a closed session prior to the regular meeting on National Prescription Opiate Litigation Case NO. 1:17-CV-2804, United States District Court, Central District of California and voted 5-0 to opt into the proposed settlement.

7. CONSENT CALENDAR
Motion (Rinn/Flaherty) to Approve all consent items, carried as follows:

7.1 Approve Minutes for the Regular City Council Meeting of December 6, 2021

7.2 Approve Checks Dated: December 3, 2021; December 10, 2021

7.3 Adopt Resolution No. 75-21 Accepting Bid and Awarding the Construction Contract for the 2021 Signage and Striping Project No. 04-21, and Authorizing the City Manager to Execute a Construction Contract with Chrisp Company

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes) City Council Meeting Minutes Page 3 December 20, 2021

7.4 Adopt Resolution No. 76-21 Authorizing the City Manager to Execute a Second Amendment to the Professional Services Agreement with Traffic Patterns for On Call Traffic Engineering Services

7.5 Adopt Resolution No. 77- 21 Authorizing Signatures for Withdrawal of City Funds and Rescinding Resolution No. 01-21

7.6 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

8. ADMINISTRATION AND FINANCE

8.1 Allow Public Testimony on the Proposed Renewal of the Pleasant Hill Tourism Improvement District, and Consider Consensus on the Formation of the Stay Pleasant Hill Nonprofit Corporation and City/Stay Pleasant Hill Owner’s Association Agreement
Zach Seal, Economic Development Manager, explained that the item is a follow-up to the December 6, 2021 City Council meeting when the City Council approved the resolution of intent to renew the Pleasant Hill Tourism Improvement District (TID). He noted the resolution was amended by the Council to reflect a five-year term instead of a ten-year term as shown in the agenda packet and described the next steps.

Mr. Seal introduced J.C. Medina, Chair of the Pleasant Hill TID Committee and General Manager of the Residence Inn by Marriott, as well as Viola Ncube, whom he noted would provide a presentation.

Mr. Medina thanked the City Council, briefly described the benefit of the TID to hotels and businesses, and introduced Viola Ncube, TID Marketing Director, who provided a detailed presentation on sales and marketing.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Councilmember Noack thanked Ms. Ncube for her presentation, commented on the contract between the City and the nonprofit entity, and asked for clarification on the included audit language before the next meeting.

Councilmember Carlson expressed his appreciation of the information provided, and noted that he wants TID funds to pay for the audit and that he wants it to be clear who is responsible for what in the agreement.

Mayor Harris thanked Mr. Seal, Mr. Medina, and Ms. Ncube for their hard work and clarified that the next step in the process will take place at the January 24, 2022 Council meeting.

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes) City Council Meeting Minutes Page 4 December 20, 2021

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1. Introduce Ordinance No. ___ Amending Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices
Janet Coleson, City Attorney, invited Martin de los Angeles, Best Best & Krieger, into the meeting, and reminded the City Council that staff received direction at the last meeting to bring forward an ordinance patterned off of the City of Walnut Creek’s ordinance. She noted the various actions available to the Council and noted that Vice Mayor Flaherty requested a device demonstration.

Chief Bryan Hill confirmed the City’s School Resource Office can provide a demonstration of devices and a presentation on their use at the next City Council meeting.

Ms. Coleson noted staff’s request for direction from the Council regarding business outreach.

Mayor Harris opened public comment.

Mayor Harris reported that the City Council received written public comment on the item from the following:

Ari Berlfein, California Fuel and Convenience Alliance; Rima Khoury, Fumari; and
Amritpal Hayer, American Petroleum and Convenience Store Association.

Ken Housfeld, Pleasant Hill, explained that he started the Relay for Life fundraising event for the American Cancer Society 13 years ago, described the fundraiser and goals of the American Cancer Society, and encouraged the City Council to adopt an ordinance to protect its citizenry like the City of Walnut Creek and the Contra Costa County Board of Supervisors.

Eileen Housfeld, Pleasant Hill, noted she wanted to underscore Mr. Housfeld’s message. She also commented on the unhealthy temptations young people face and on tobacco products being attractive to the younger generations but bad for their health; noted the American Cancer Society is working to prevent cancer; and commented and that keeping tobacco access away from young people is a way to prevent cancer.

Claudia (no last name provided) commented that addressing the youth vaping epidemic should not lead a local government to overextend and prohibit the sale of all other flavored tobacco products.

She stated that the City should not be spending time or tax-payer money on a ban as California voters will vote in November 2022 on the statewide bill and that the City should wait until the election occurs. She cited statistics on the use of flavored tobacco products and noted that a ban will shift sales to the black market and other cities.

Mayor Harris closed public comment.

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes) City Council Meeting Minutes Page 5 December 20, 2021
Mayor Harris reported that a number of the written comments received were regarding hookah use and asked for confirmation that the ordinance as currently written does not ban hookahs.

Mr. de los Angeles confirmed the exemption for adult-only hookah businesses with valid City business licenses and described what is considered a hookah business.

Councilmembers asked about the revenue generated from hookah sales, disagreed with the public comment about high school student use being at an all-time low in Pleasant Hill, suggested a delay in the ordinance’s effective date to allow for education with businesses, and questioned whether the proposed ordinance is duplicative of pending state legislation.

Mr. de los Angeles explained what Senate Bill 793 (SB 793) includes and exempts, and explained that while there is some overlap in the proposed ordinance and SB 793, both state and federal laws specifically state that cities are not prohibited from imposing more stringent regulations. He noted that consistent with the County and Walnut Creek, the proposed ordinance is broader and covers all flavored tobacco products and smoking devices that go beyond federal law, including tank systems.

In response to questions from Vice Mayor Flaherty, Mr. de los Angeles confirmed that the proposed ordinance bans the sale of cartridges that contain non-flavored tobacco as well, but does not ban the delivery of products from other areas.

Ms. Coleson confirmed for Vice Mayor Flaherty that like the City’s cannabis ordinance, the proposed ordinance would apply to brick and mortar stores, not delivery businesses.

Vice Mayor Flaherty commented about the focus being on health and safety education, suggested a presentation would be appropriate before considering an ordinance, and questioned whether there should be a ban on all tobacco use.

In support of Vice Mayor Flaherty’s suggestion, Councilmember Noack reported she attended a presentation at the high school and that it was educational and worthwhile. She commented on students’ ability to hide and disguise vaping paraphernalia.

Councilmember Carlson noted revenue loss to the City should not be the driver or focus, commented on the cost to the healthcare system treating the results of smoking, and expressed his desire to understand hookah use from a cultural standpoint.

Councilmember Rinn agreed that a presentation would be helpful.

Mayor Harris asked for a presentation and introduction of a proposed ordinance in January, noted the City’s historical actions on health and safety issues preceding State legislation, and welcomed the public and organizations to provide statistical information showing the health benefits of vaping and its effect on reducing smoking at the next meeting.

The Council gave direction to staff to bring a proposed ordinance exempting tobacco pipes, cigars, and hookahs and clarifying the definition of flavored products back for consideration in January

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes) City Council Meeting Minutes Page 6 December 20, 2021
with a presentation from the Police Department on the products and devices. The Council also gave direction to staff to conduct community business outreach prior to introduction of the ordinance.

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:42 PM to the next regular meeting on Monday, January 10, 2022.

DANIELLE K. HABR, CITY CLERK

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Attachment: December 20, 2021 - Tentative Minutes - Regular (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: DECEMBER 17, 2021; DECEMBER 24, 2021; DECEMBER 31, 2021

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Reviewed by: Mary McCarthy, Finance Manager
Approved by: Mary McCarthy, Finance Manager

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CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION

AUTHORITY AND TRANSPAC

SYNOPSIS
Each month, TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for November 17, 2021, and the TRANSPAC Board meeting summary minutes for November 10, 2021.

DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.

TRANSPAC meets monthly to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.

Analysis
An Executive Summary of the actions taken on November 17, 2021, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Board meeting on November 10, 2021, are also included in the attached minutes.

There is no item of discussion directly related to the City of Pleasant Hill with this update.

FISCAL IMPACT
None

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PUBLIC CONTACT
Public contact was made through posting the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Accept the report.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.

Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff would need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes for November 17, 2021 TRANSPAC Meeting Summary Minutes for November 10, 2021
Prepared and Reviewed by: Ananthan Kanagasundaram, Acting City Engineer Approved by: June Catalano, City Manager

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TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: November 10, 2021
MEMBERS PRESENT: Mark Ross, Martinez (Chair); Loella Haskew, Walnut Creek (Vice Chair); Peter Cloven, Clayton;
Carlyn Obringer, Concord; Sue Noack, Pleasant Hill
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord
STAFF PRESENT: Ricki Wells, BART; Abhishek Parikh, Concord; Robert Sarmiento, Contra Costa County; Ruby
Horta, County Connection; Melody Reebs, County
Connection; Ananthan Kanagasundaram, Pleasant
Hill; Andy Smith, Walnut Creek; Matt Todd,
TRANSPAC Managing Director; and Margaret
Strubel, TRANSPAC Clerk
GUESTS/PRESENTERS: None
MINUTES PREPARED BY: Margaret Strubel, TRANSPAC Clerk

1. CONVENE REGULAR MEETING/PLEDGE OF ALLEGIANCE/SELF-INTRODUCTIONS.

Chair Ross called the meeting to order at 11:00 AM.

2. PUBLIC COMMENT.

There were no comments from the public.

3. CONSENT AGENDA.
a. Minutes of the October 14, 2021 Meeting.
b. TRANSPAC Committee Appointments - CCTA CBPAC Appointments for the Term January 1, 2022 to December 31, 2023.
c. TRANSPAC Quarterly Financial Reports.
d. Continue Use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361.

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Attachment: Transpac Meeting Summary Minutes 11.10.21 (TRANSPAC Update) On motion by Commissioner Noack seconded by Vice Chair Haskew to approve the consent items “b.”, “c.”, and “d.” by unanimous vote of the members present (Ross, Haskew, Cloven, Obringer, Noack).

On motion by Commissioner Noack seconded by Vice Chair Haskew to approve the consent item “a.” by four votes of the members present (Ross, Haskew, Obringer, Noack) with Commissioner Cloven abstaining.

4. MEASURE J LINE 19A FUNDING REQUESTS.

Managing Director Matt Todd gave a brief overview of the Measure J Line 19a funding noting that the program is assigned 1.2% of Measure J revenues, with the funds identified for additional bus service enhancements in Central County and services are to be funded to be jointly identified by TRANSPAC and County Connection. He said that the revenue is expected to be about $1.2M based on the FY 2021/2022 revenue estimates.

Mr. Todd requested approval for programming for the upcoming 5 years, through FY 2026/2027. The program recommendation is similar to what was done in the past. The first $10,000 (matched with $10,000 from TRANSPAC) would be allocated to the City of Martinez for the maintenance of the Pacheco Transit Hub Park and Ride Facility and the remainder of the annual funds programmed to CCCTA to offset operational costs of the County Connection Route 16 and 316 services for the period of FY 2022/2023 to FY 2026/2027.

Chair Ross questioned if there could be route 316 bus service in the Park and Ride facility in the morning or afternoon stops for cyclists or pedestrians to take to the Amtrak station. County Connection staff Ruby Horta responded that this could be considered in the spring service change, but she noted that the issue with the park and ride is the time that is required for the bus to get in and out of the facility. She also noted that this facility is served by route 99x (BART to Amtrak) but only on weekdays during peak service. Chair Ross had thought that there was no service at all, but Member Horta said that this has only been in service for 3 years.

On motion by Vice Chair Haskew seconded by Commissioner Noack to approve the item by unanimous vote of the members present (Ross, Haskew, Cloven, Obringer, Noack).

5. MEASURE J LINE 20A FUNDS PROGRAM POLICIES.

Mr. Todd introduced this as an information item; he noted that this would be an action item during the December Board meeting. He provided information about the CCTA Measure J Line 20a program which provides funds for transportation services in the TRANSPAC area for seniors and people with disabilities who are unable to use other transportation options. He said that generally, this population is underserved and the services we fund reduce the demand for LINK paratransit service trips.

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Attachment: Transpac Meeting Summary Minutes 11.10.21 (TRANSPAC Update) Mr. Todd said that there are about $500,000 in funds for FY 2022/2023 and FY 2023/2024. He said the call for projects is proposed to be released in December and that more requests than funds available is expected; and that he expects there to be 10-15 applications asking for $700,000 range in funding requests. In light of this, Mr. Todd said that a review of the evaluation criteria by the TRANSPAC TAC has been occurring and will continue at next week’s meeting to review evaluation criteria. He highlighted the challenges of the qualitative criteria, giving an example wide range of use, frequency, and assistance needed and how to compare them. He said that quantitative change (such as caps or a match) was considered, but the TAC discussed that this could penalize less well-funded organizations. He said that trips that are at a lower cost than LINK, shared resources with other programs, or included mobility management services could be other criteria considered.

Commissioner Obringer noted that Vice Chair Haskew was appointed to be on the Accessible Transportation Committee and enquired how this committee’s discussions could inform this issue.

Mr. Todd said the Measure J Line 20a program is funding many of the types of services that would fall under the Accessible Transportation Committee vision. He said that there is a push to have an umbrella organization to efficiently and comprehensively coordinate all senior and disabled trips across the county.

Commissioner Obringer drew attention to lack of transportation solutions around homelessness in the TRANSPAC communities and would like these funds to consider addressing this issue.

Mr. Todd noted that none of the programs funded directly support transportation for the homeless, and that he can speak with any organizations that are interested in this funding, their programs and eligibility.

Vice Chair Haskew noted she was appointed to the Accessible Transportation Committee. She said that she believes the Committee will be meeting over the next year to identify a coordinating agency, so this year’s program will be gap funding and important. She said she would take this program’s information back to the Accessible Transportation Committee.

Commissioner Noack spoke about the criteria in relation to equity. She mentioned the example of County Connection receiving funding for Monument Corridor. Mr. Todd also noted the census data included in the packet. He also noted that other information not available, such as an individual’s wealth, would provide a better picture of an individual’s financial status.

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Attachment: Transpac Meeting Summary Minutes 11.10.21 (TRANSPAC Update)

6. 2022 TRANSPAC MEETING CALENDAR.

Mr. Todd discussed the upcoming year’s meeting calendar and noted that the meetings take place the second Thursday of the month with January and August as dark meeting months. He said that the TAC meetings are generally the last Thursday of the month. He reminded the group that if the Board were to meet in a physical place, the Pleasant Hill meeting room is currently used as a temporary library, so an alternate location would have to be identified. He also discussed the requirements of the AB 361 legislation that required affirmation of the terms within 30 days and noted that the Board meetings meet the requirements through December.

However, he said that there are months that have more than a 30 day gap. Mr. Todd is talking to CCTA staff about how to address this and will present options at the next meeting.

Commissioner Noack mentioned that the new library is expected to be open in May, so the Pleasant Hill room would be available after that.

Vice Chair Haskew asked if the commissioners should request a room in their respective city.

Mr. Todd said this was not needed currently as there is no specific month we need a physical location at this time.

Chair Ross would like to understand how to reinstate the AB 361 status, such as reconvening another meeting. Commissioner Noack said that CCTA has quarterly Innovate 680 meetings.

Mr. Todd explained that these were covered by the CCTA Board meeting resolution.

Commissioner Noack said that the CCTA Board had a quick meeting to address this issue. Vice Chair Haskew noted that because TRANSPAC is a JPA, it is a separate entity and needs to have its own resolution.

7. TRANSPAC CCTA REPRESENTATIVE REPORTS.

There were no reports.

8. CCTA EXECUTIVE DIRECTOR’S REPORT REGARDING AUTHORITY ACTIONS / DISCUSSION ITEMS.

There were no reports.

9. ITEMS APPROVED BY THE CCTA FOR CIRCULATION TO THE REGIONAL TRANSPORTATION PLANNING COMMITTEES AND RELATED ITEMS OF INTEREST.

There were no reports.

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Attachment: Transpac Meeting Summary Minutes 11.10.21 (TRANSPAC Update)

10. TAC ORAL REPORTS BY JURISDICTION
There were no reports.

11. BOARDMEMBER COMMENTS
There were no reports.

12. MANAGING DIRECTOR’S REPORT
Mr. Todd commented that he will move items 8 and 9 to the consent calendar in future agenda packets.

Mr. Todd said the federal infrastructure bill has moved through Congress and intends to include an item in the December Board meeting. He said that there was a joint meeting with TRANSPLAN and the next joint meeting in 2022 will be with SWAT. Mr. Todd requested potential items for discussion from the commissioners. Commissioner Obringer mentioned the League of Cities meeting with Tim Haile and the executive director of Alameda County Transportation Commission and raised a question about projects to advocate for funding.

13. ADJOURN / NEXT MEETING.

The meeting adjourned at 11:38 A.M. The next meeting is scheduled for December 9, 2021 at 9:00 A.M. The location will be determined pending further guidance from the Contra Costa County Department of Public Health.

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Attachment: Transpac Meeting Summary Minutes 11.10.21 (TRANSPAC Update)

COMMISSIONERS
Teresa Gerringer,
Chair
Chris Kelley,
Vice Chair
Newell Arnerich
Tom Butt
Federal Glover
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/November 17, 2021 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Lisa Bobadilla, SWAT
John Cunningham, TRANSPLAN
Lisa Bobadilla, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: November 22, 2021
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its November 17, 2021 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Strategic Development (Project 8009.01) – Authorization to Execute Amendment No. 2 to Agreement No. 527 with DKS Associates (DKS) for Program Support, Traffic Demand Modeling, and Traffic Operations Analysis Services Recommendation: Staff sought authorization for the Chair to execute Amendment No. 2 to Agreement No. 527 with DKS in the amount of $660,800, which included $170,000 in contingency, for a new total agreement value of $2,485,800, to provide additional program support, traffic demand modeling, and traffic operations analysis services, and allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board authorized the Chair to execute Amendment No. 2 to Agreement No. 527 with DKS in the amount of $660,800, which includes $170,000 in contingency, for a new total agreement value of $2,485,800, to provide additional program support, traffic demand modeling, and traffic

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) RTPC Memorandum
November 22, 2021

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https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/November 17, 2021 RTPC Memo.doc operations analysis services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

B. Approval of City of Martinez Calendar Years 2018 and 2019 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff sought approval of the City of Martinez GMP Checklist and payment of $592,641 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Martinez, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the firstpayment.

Action: The Authority Board approved the City of Martinez GMP Checklist and payment of $592,641 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Martinez, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the firstpayment.

C. Approval of City of Clayton Calendar Years 2018 and 2019 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff sought approval of the City of Clayton GMP Checklist and payment of $267,078 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Clayton, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the first payment.

Action: The Authority Board approved the City of Clayton GMP Checklist and payment of $267,078 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Clayton, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the first payment.

D. Automated Driving System (Project 8009.07) – Authorization to Execute Agreement No. 574 with Telegra Inc. (Telegra) to Provide Active Traffic Management System (ATMS) Infrastructure Services
Recommendation: Staff sought authorization for the Chair to execute Agreement No. 574 with Telegra, in an amount not‐to‐exceed $1,614,613, to provide ATMS infrastructure services, and allow the Executive Director or designee to make any non‐substantive changes to the language.

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) RTPC Memorandum
November 22, 2021

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https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/November 17, 2021 RTPC Memo.doc Action: The Authority Board authorized the Chair to execute Agreement No. 574 with Telegra, in an amount not‐to‐exceed $1,614,613, to provide ATMS infrastructure services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

E. Consideration to Continue Conducting Remote Teleconferencing Meetings of the Legislative Bodies of the Authority Pursuant to Assembly Bill (AB) 361 Recommendation: Staff sought approval to proclaim a local emergency, ratify the proclamation of a State of Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of December 2021 pursuant to the Brown Act provisions under AB 361.

Action: The Authority Board proclaimed a local emergency, ratified the proclamation of a State of Emergency, and authorized the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of December 2021 pursuant to the Brown Act provisions under AB 361.

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, November 17, 2021
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Teresa Gerringer, Chair
Chris Kelley, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Federal Glover, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Carlyn Obringer, Commissioner Alt.

Lamar Thorpe, Commissioner
Holland White, Commissioner
Debora Allen, ExOfficio Rep.

Mark Foley, Ex-Officio Rep. Alt.

Maureen Powers, ExOfficio Rep.

Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Ivan Ramirez
Sherri Sylva
Linsey Willis
David McCray, Legal Counsel
Amy Worth, ExOfficio Rep.

1. CONVENE MEETING: Teresa Gerringer, Chair
DISCUSSION: Chair Gerringer convened the meeting at 6:00 PM. Commissioner Noack was absent; Commissioner Obringer attended on her behalf. Commissioner Glover arrived at 6:01 PM and Commissioner Hudson and Rep. Allen had not yet arrived. Rep. Alt. Foley was present on behalf of Rep. Allen.

Chair Gerringer announced that Regular Agenda Item 9A was being pulled from discussion and removed from the agenda by Authority staff.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments on items not on the agenda.

4. PRESENTATIONS

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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CONSENT CALENDAR
ACTION: Commissioner Haskew moved to approve the consent calendar, seconded by Vice Chair Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None
DISCUSSION: Rep. Allen arrived at 6:05 PM. Rep. Alt. Foley attended on her behalf from 6:00 PM – 6:05 PM.

5. APPROVAL OF MINUTES
A. Authority Board Minutes of October 20, 2021

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for September 2021 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for September 2021.

B. Accept Internal Accounting Report for the Twelve Months Ended June 30, 2021 Recommendation: Staff seeks acceptance of the internal accounting report for the twelve months ended June 30, 2021.

C. Accept Quarterly Sales Tax Revenue Report for the Period Ended June 30, 2021 Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended June 30, 2021.

D. Accept Quarterly Cash and Investment Report forthe Period Ended September 30, 2021
Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended September 30, 2021.

E. Listing of Contract Change Orders (CCOs) Greater than $25,000 for Contracts Less than $15 Million, and Greater than $50,000 for Contracts Greater than $15 Million Recommendation: This is an informational item only; no staff recommendation at this time.

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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F. Select Firms and Jurisdictions for Measure J Compliance Audits for Fiscal Year 2020‐21
Recommendation: Staff seeks acceptance of the three recipients of Measure J funds selected for a Compliance Audit and to proceed with reviewing the Compliance Audit requirements with the firms and agencies selected.

G. Innovate 680 (Project 8009):

1. Strategic Development (Project 8009.01) – Authorization to Execute Amendment No. 2 to Agreement No. 527 with DKS Associates (DKS) for Program Support, Traffic Demand Modeling, and Traffic Operations Analysis Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 527 with DKS in the amount of $660,800, which includes $170,000 in contingency, for a new total agreement value of $2,485,800, to provide additional program support, traffic demand modeling, and traffic operations analysis services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

2. NEW ITEM: Coordinated Adaptive Ramp Metering (Project 8009.06) – Authorization to Execute Cooperative Agreement No. 90.80.07 with the California Department of Transportation (Caltrans) for Project Approval and Environmental Document (PA&ED) Oversight Services
Recommendation: Staff seeks authorization for the Chair to execute Cooperative Agreement No. 90.80.07 with Caltrans to provide PA&ED oversight services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

H. City of El Cerrito (City) – Approval of Reprogramming of One Bay Area Grant Cycle 2 (OBAG2) Funding
Recommendation: Staff seeks approval for the City to reprogram OBAG2 project savings in the amount of $120,308.31 from the Carlson Boulevard/Central Avenue Pavement Rehabilitation project to the El Cerrito del Norte Transit‐Oriented Development Complete Streets Improvements project.

I. Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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J. NEW ITEM: Consideration to Continue Conducting Remote Teleconferencing Meetings of the Legislative Bodies of the Authority Pursuant to Assembly Bill (AB) 361
Recommendation: Staff seeks approval to proclaim a local emergency, ratify the proclamation of a State of Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of December 2021 pursuant to the Brown Act provisions under AB 361.

K. NEW ITEM: Authorization to Execute Amendment No. 2 to Agreement No. 489 with Tai Ginsberg & Associates, LLC for Federal Advocacy Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 489 with Tai Ginsberg & Associates, LLC in the amount of $6,000 per month ($72,000/year), with an additional $3,500 per year available for pre‐approved travel expenses, for a new total agreement value of $371,500, to provide federal advocacy services, and to allow the Executive Director or designee to make any non‐substantive changes to the language. This amendment will extend the agreement termination date from December 31, 2021 to January 1, 2024.

7. Planning Committee ‐ Consent:

A. Approval of City of Martinez Calendar Years 2018 and 2019 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the City of Martinez GMP Checklist and payment of $592,641 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Martinez, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the firstpayment.

B. Approval of City of Clayton Calendar Years 2018 and 2019 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the City of Clayton GMP Checklist and payment of $267,078 in Fiscal Year (FY) 2019‐20 Local Street Maintenance and Improvement funds, to the City of Clayton, with a second (off‐year) payment of FY 2020‐21 funds on the one‐year anniversary of the first payment.

C. City of El Cerrito (City) – El Cerrito del Norte Transit‐Oriented Development (TOD) Complete Streets Improvements (Project 250004) – Administrative Revision to Resolution 21‐39‐G
Recommendation: Staff seeks approval of Resolution 21‐39‐G (Rev 1), which will allocate $850,000 in Measure J funds from Transportation for Livable Communities

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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(TLC), Program 25b to the City, for the Design Phase of the El Cerrito del Norte TOD Complete Streets Improvements project, and administratively correct the TLC program and project number.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. Innovate 680 (Project 8009):

1. NEW ITEM: Program and ProjectUpdate
Recommendation: Staff will provide an update on the Innovate 680 Program and address any questions that may arise. The Authority Board may take action on any item presented pertaining to the Innovate 680 Program.

DISCUSSION: Stephanie Hu, Director, Projects introduced the item and presenters Danielle Stanislaus, Emergent Transportation Concepts, LLC and Liz Justison, WSP. Ms. Stanislaus discussed the partnerships, goals, six initial projects, and the context, structure, and review process of the Program Concept of Operations (ConOps) document. Ms. Justison discussed the System Architecture, four key ConOps priority policy assumptions, and policy issues such as Operations and Maintenance considerations. Ms.

Stanislaus reviewed the additional policy issues to be discussed at future Policy Advisory Committee meetings, the next steps of finalizing a ConOps document and implementation plan, and continued engagement with stakeholders.

Commissioners provided comments. Staff responded to comments from commissioners.

Tim Haile, Executive Director, discussed the lessons learned from the I‐80 corridor and other countries that have implemented similar systems, the continued analysis for addressing cyber security concerns, and determining how to bridge the gap between regional and local entities to ensure the system is seamless, operated, and maintained properly.

Commissioner Hudson arrived at 6:15 PM. Commissioner Holland left at 6:17 PM and returned at 6:21 PM.

2. Automated Driving System (Project 8009.07) – Authorization to Execute Agreement No. 574 with Telegra Inc. (Telegra) to Provide Active Traffic Management System (ATMS) Infrastructure Services

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 574 with Telegra, in an amount not‐to‐exceed $1,614,613, to provide ATMS infrastructure services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

ACTION: Commissioner Arnerich moved to authorize the Chair to execute Agreement No. 574 with Telegra, Inc. in an amount not‐to‐exceed $1,614,613, to provide Active Traffic Management System Infrastructure Services, and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Alt.

Obringer. The motion was adopted by unanimous vote of the Commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Jack Hall, Engineering Manager, provided a brief overview of the active traffic management system infrastructure services to be provided by Telegra.

9. Planning Committee ‐ Regular:

A. NEW ITEM: Receive Update on the Implementation of the Contra Costa Accessible Transportation Strategic Plan (ATSP) Task Force (TF) – Consider Adding an Additional Non‐Governmental Organization (NGO)/Advocate Member to ATSP TF Composition and Formation of Sub‐Committees
Recommendation: Staff seeks authorization to increase the ATSP TF composition from three NGO/Advocate seats to four NGO/Advocate seats, and authorize the ATSP TF to form sub‐committees as necessary, to provide support to complete the work of the TF.

DISCUSSION: This item was pulled from the agenda by Authority staff at the beginning of the meeting and was not discussed.

10. CORRESPONDENCE AND COMMUNICATIONS
A. Letter from the Authority to the Regional Water Quality Control Board dated October 26, 2021 RE: Comments on Proposed Municipal Regional Permit (MRP 3.0) Requirements
B. Letterfrom the Authority to the Marin Municipal Water District dated November 3, 2021 RE: Marin Municipal Water District Emergency IntertieProject

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meetings on October 14, 2021 and November 11, 2021 (Attachment and meeting handout if available) B. East County (TRANSPLAN): Meeting Report forthe regular meeting on November 11, 2021 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Reportforthe regular meeting on November 1, 2021
D. West County (WCCTAC): Meeting Report for the regular meeting on October 22, 2021 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Gerringer announced that Tim Haile, Executive Director, received a Special Districts Innovation Award for Leadership, and announced that she attended the virtual Focus on the Future conference from November 15‐16, 2021.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Hudson announced that he attended the California Transit Association Conference in Sacramento, CA from November 2‐4, 2021, and the American Public Transportation Association Conference in Orlando, FL from November 7‐10, 2021.

Commissioner Butt provided an update on the Marin Municipal Water District’s Emergency Water Pipeline Project on the Richmond-San Rafael Bridge.

Rep. Allen provided an update on the Bay Area Rapid Transit ridership, a five‐ member audit committee created to hear financial issues, the potential funding from the Infrastructure Investment and Jobs Act, and discussions by the Capitol Corridor Joint Powers Authority about the future replacement of the rail bridge between Martinez and Benicia.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, discussed his leadership award and thanked the Authority Board and staff for their contributions. He discussed the Infrastructure Investment and Jobs Act and its new potential funding sources, in particular for transit, electric vehicle charging infrastructure, rail safety and freight programs, the new carbon reduction formula program, Vision Zero and walking/bicycling programs, the new StrengtheningMobility and Revolutionizing

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update) Authority Board Meeting MINUTES
November 17, 2021

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Transportation program and launch of the Advanced Research Projects Agency‐Infrastructure. Mr. Haile discussed meetings with the National Highway Traffic Safety Administration’s potential new Administrator, interview with KCBS regarding the Authority’s support along with Stantec for the Femineers Program at Ygnacio Valley High School, Florida Chamber of Commerce, Concord First, and the KQED documentary on San Francisco in which the Authority will be highlighted to air next Monday. He also attended the ITS World Congress in Hamburg, Germany, the virtual Focus on the Future Conference, California Transit Association Conference, and the American Public Transportation Association Conference. Mr. Haile also announced that the Redefining Mobility Summit will be returning on April 5, 2022.

13. CALENDAR
A. November and December 2021, and January and February2022 B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for December 15, 2021 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:10 PM.

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Attachment: CCTA Executive Summary and Board Meeting Minutes 11.17.21 (TRANSPAC Update)

CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: AFFIRM RESOLUTION NO. 63-21 APPROVING CONTINUED

TELECONFERENCING OF THE MEETINGS OF ALL CITY
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. On October 4, 2021, the City Council adopted Resolution No. 63-21 approving continued teleconferencing of the meetings of all of the City’s legislative bodies pursuant to the provisions of AB 361; since then, the City Council has affirmed the resolution at each regular meeting to continue teleconferencing under AB 361.

Staff recommends the City Council once again affirm Resolution No. 63-21 approving continued teleconferenced (“remote”) meetings of all City legislative bodies through February 9, 2022 pursuant to the provisions of AB 361.

DISCUSSION
Background
In September 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues his Executive Orders allowing for remote meetings under “relaxed” provisions of the Brown Act in response to the COVD-19 pandemic.

The provisions still require that members of the public have the ability to view, listen, and comment on items on the agenda.

On October 4, 2021, the City Council adopted Resolution No. 63-21 approving the continuation of remote meetings for all of the City’s legislative bodies pursuant to the provisions of AB 361.The City Council affirmed the resolution at all of its regular meetings in November and December 2021 to continue to meet the 30-day deadline.

Analysis
AB 361 contains several requirements in order to continue the use of remote meetings. These include:

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 There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency.  During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees.  In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and both State and local health officials continue to recommend social distancing to help stop the spread of the virus. Resolution No. 63-21, adopted October 4, 2021 by the City Council, applies to all of the City’s legislative bodies (as defined by the Brown Act). The City Council last affirmed the resolution on December 20, 2021; this remote meeting allowance expires January 19, 2022 unless the City Council takes formal action to reconsider the factors and affirm the specified findings in the resolution. The next regular meeting of the City Council is scheduled for January 24, 2022 (due to the City holiday on the second Monday in January), which falls after the January 19th expiration. Staff therefore recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist, thereby extending the allowance to February 9, 2022.

The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.

The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could not affirm the resolution and provide direction to staff.

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ATTACHMENT(S):

Resolution No. 63-21
Prepared by: Danielle K. Habr, City Clerk
Approved by: June Catalano, City Manager

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RESOLUTION NO. 63-21

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

APPROVING CONTINUED TELECONFERENCING OF THE MEETINGS OF ALL CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 WHEREAS, in response to the COVID- 19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference so long as other provisions of the Brown Act were followed; and WHEREAS, on September 15, 2021, the Governor signed into law as an urgency measure, AB 361, which allows for the continued use of remote meetings by local legislative bodies subject to certain conditions, which must be reconsidered every 30 days; and WHEREAS, on behalf of all legislative bodies for the City of Pleasant Hill, the City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings to promote public health and safety.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, that the City Council approves continued teleconferencing of public meetings of all City legislative bodies based on the following findings required by Government Code Section 549539( e), as amended by AB 361:

The entire State of California remains under a proclaimed state of emergency as declared by the Governor of the State of California related to the COVID- 19 pandemic.

The California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.

The Health Officer for Contra Costa County published “ Recommendations for Safely Holding Public Meetings” on September 20, 2021, which “ strongly recommend” online meetings, that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used, including six feet of spacing between all in attendance.

The City does not currently have the ability to offer “ hybrid” participation options for the public and given the constraints of the City Council Chamber, social distancing is difficult without severely limiting space for members of the public to attend.

BE IT FURTHER RESOLVED, that this determination by the Pleasant Hill City Council shall apply to all of the City’s legislative bodies, as defined by the Ralph M. Brown Act.

Signatures on the Following Page]

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Attachment: Resolution No. 63-21 (Teleconferencing Under AB 361 - 1/10/22 - 2/9/22) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of October, 2021, by the following vote:

AYES: Carlson, Flaherty, Harris, Rinn, Noack
NOES: None
ABSENT: None
ABSTAIN: None
SUSAN A. NOACK, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Resolution No. 63-21 (Teleconferencing Under AB 361 - 1/10/22 - 2/9/22) 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Mayor Michael Harris
DATE: January 10, 2022
SUBJECT: Approve Mayor’s Recommended Appointments of Councilmembers to Various Committees and Boards for 2022 and Ratification of Existing Committees

ASSIGNMENTS COUNCILMEMBER(S) ALTERNATE CHAIR
Association of Bay Area Governments (ABAG) Flaherty Noack Budget Subcommittee Noack & Rinn Noack
Central Contra Costa Transit Authority (CCCTA)
County Connection Board Representative1
Noack Flaherty
Chamber of Commerce Rinn Carlson
Diversity Commission Carlson
East Bay Division - League of CA Cities Harris Flaherty Economic Development Committee2 Carlson & Rinn Carlson
Interview and Nominating Subcommittee Flaherty & Carlson Flaherty General Plan Committee3 Carlson & Noack
John Muir Community Health Fund Board4 Rinn & TBD
Library Committee3 Harris & Noack Harris
Marin Clean Energy Rinn Harris
Mayors’ Conference Harris Flaherty
Recreation & Park District Liaison Committee5 Harris & Flaherty Harris School District Task Force6 Rinn & Noack Rinn
TRANSPAC Noack Rinn
Youth Organizations Liaison (Teen Council, etc.) Rinn Carlson 1 CCCTA Bylaws require appointments to be for two-year terms, however, jurisdictions can change appointments at any time, i.e., to coincide with date of Mayor’s appointment
2 Includes 2 Planning Commissioners, Chamber President, Chamber Government Affairs Committee Chair 3 Council subcommittee
4Two seats on Board may be filled by council members, residents or both 5 Includes two Recreation and Park District Board Members 6 Includes 2 School District Board Members

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CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AMENDING THE CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION NO. 4-20

SYNOPSIS
State law requires all public agencies to adopt a conflict of interest code to identify the positions required to file Statements of Economic Interests to disclose certain economic interests. Staff has completed the biennial review of the City’s adopted Conflict of Interest Code and determined that it needs to be amended in order to update the list of designated positions.

DISCUSSION
Background
The Political Reform Act (PRA – Government Code § 81000, et seq.) requires every government agency to review its conflict of interest code biennially to determine if it is accurate, and if necessary, amend the code. The City of Pleasant Hill’s Conflict of Interest Code was most recently amended by Resolution No. 4-20 in February 2020 and designates the positions required to file a Statement of Economic Interests (Form 700) and the categories of interests that must be reported.

The Form 700 is a public document intended to alert public officials and members of the public to the types of financial interests that may create conflicts of interests.

The Fair Political Practices Commission (FPPC) is the body charged with, among other duties, adopting and amending regulations pertaining to the Political Reform Act. Section 18730 of Title 2, Division 6, of the California Code of Regulations provides the FPPC’s Provisions of Conflict of Interest Codes to which the City must adhere in order to comply with the PRA. The Conflict of Interest Code provided for the Council’s consideration meets the requirements of this section.

Analysis
The PRA requires that all conflict of interest codes include three components: the terms of the FPPC’s regulation, the designated positions, and the disclosure categories. The Conflict of Interest Code (Exhibit A to the proposed resolution) that is recommended for Council adoption,satisfies these elements as follows:

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Terms: Given the complexity of the subject matter, the FPPC advises agencies to wholly incorporate FPPC Regulation 18730 by reference in order to ensure adherence to all of its provisions. The City has historically incorporated Regulation 18730 as Appendix A to its Conflict of Interest Code and the practice is continued as Appendix A of Exhibit A of the proposed resolution.

Designated Positions. In accordance with Regulation 18730, a conflict of interest code must specifically list the positions that make or participate in making decisions and thus are subject to the code. Although the positions listed in Government Code § 87200 (such as City Councilmembers and Planning Commissioners) are not required to be included due to the fact that those positions are separately required by the Government Code to file Form 700, the City has historically included all of these positions within the Conflict of Interest Code; Appendix B of Exhibit A continues that tradition.

The proposed Conflict of Interest Code amendments as shown in Exhibit A – Conflict of Interest Code and Appendices – Redlined and Clean are:

ELECTED AND APPOINTED OFFICIALS AND COMMISSIONERS
 Changes Title to Body
 Adds the Diablo Vista Water System (DVWS) Advisory Board (all members) as designated filers as the Board members make recommendations to the City Council to fund projects and contracts within the DVWS and receive stipends
Changes POSITION to STAFF AND CONSULTANTS
 Alphabetizes the departments and divisions in the first column  Moves Finance, Human Resources, and Information Technology under the Administrative Services Department heading to match the City’s organizational chart and budget documents
o Finance
 Deletes Accounting Manager as the classification has been vacant since the employee last in the position became the Finance Manager in 2008
 Adds Administrative Analyst II, a classification filled this year by the employee formerly in the Accountant (non-filer) classification
o Information Technology – Corrects the Chief Technology Manager classification to Chief Technology Officer
 City Manager Department
o Adds Principal Management Analyst to the City Clerk classification as the classification was updated this year
o Clarifies the working title for the sole Senior Management Analyst (Community Relations Manager/Public Information Officer)  Moves Building, Engineering, and Planning under the Community

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Development and Public Works Department heading to match the City’s organizational chart and budget documents
o Engineering – Deletes Senior Traffic Engineer as the official classification is Senior Civil Engineer (there are three authorized Senior Civil Engineer positions within the classification, one of which has historically been dedicated to traffic projects) Disclosure Categories: The FPPC states that “[a] primary purpose of the code is to require disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decisionmaking.” Thus, it is necessary to identify the categories of information that each position subject to the code must disclose. These disclosure categories are included in Exhibit A as Appendix C as in previous years.

FISCAL IMPACT
None

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution amending the City’s Conflict of Interest Code and rescinding Resolution 4-20.

ALTERNATIVES TO RECOMMENDED ACTION

1. The Council could choose not to adopt the resolution.

2. The Council could direct staff to make amendments to the resolution and/or the Conflict of Interest Code.

ATTACHMENT(S):

Proposed Resolution
Exhibit A – Conflict of Interest Code and Appendices – Redlined Exhibit A – Conflict of Interest Code and Appendices – Clean Prepared by: Danielle K. Habr, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager

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RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING THE CONFLICT OF INTEREST CODE AND RESCINDING RESOLUTION 4-20 WHEREAS, it is necessary to review the City’s Conflict of Interest Code biannually to comply with current law and to update designated classifications if needed; and WHEREAS, Pleasant Hill’s Conflict of Interest Code was originally adopted by Resolution No. 120-77 and most recently amended by Resolution No. 4-20; and WHEREAS, the Regulations of the Fair Political Practices Commission, (Title 2, Division 6, California Code of Regulations) Section 18730, authorizes the adoption of the Conflict of Interest Code by incorporating Section 18730 et seq. by reference and designating the employees and disclosure categories to which the Code applies; and WHEREAS, the City Council wishes to revise its Conflict of Interest Code to:
 add the Diablo Vista Water System Board and Administrative Analyst II classification to the list of designated filers;
 remove the Accounting Manager classification
 move the appropriate divisions under their respective headers of Administrative Services Department and Community Development and Public Works Department;  update the titles of Principal Management Analyst/City Clerk and Chief Technology Officer;
 add clarifying information to the Senior Management Analyst classification; and  remove the Senior Traffic Engineer working title.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. Adoption of Conflict of Interest Code: The Conflict of Interest Code, which is attached hereto as Exhibit A, is hereby adopted.

2. Incorporation of Code by Reference: The terms of Section 18730 et seq. of Title 2, Division 6, of the California Code of Regulations and any amendments to it duly adopted by the Fair Political Practices Commission to conform to the Political Reform Act are hereby incorporated by reference. A copy of Section 18730 as it reads on the date of adoption of this resolution is attached as Appendix A to the Conflict of Interest Code.

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Attachment: Proposed Resolution (Conflict of Interest Code Update)

3. Designated Employees: The persons holding positions listed in Appendix B to the Conflict of Interest Code are hereby deemed to hold designated positions that make or participate in the making of decisions which may foreseeably have a material effect on financial interests.

4. Disclosure Categories: The disclosure categories set forth in Appendix C to the Conflict of Interest Code specify the types of reportable financial interests.

5. Resolution No. 4-20 is hereby rescinded and superseded.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 10th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Conflict of Interest Code Update)

EXHIBIT A
The Political Reform Act (California Government Code § 81000, et seq.) requires state and local public agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission (the “FPPC”) has, in accordance with the authority vested in it, issued Regulation 18730 (‘Provisions of Conflict of Interest Codes,’ found at 2 Cal. Code of Regs. § 18730), setting forth the terms of a mandatory conflict of interest code. This Regulation 18730 can be incorporated by reference and may be amended by the FPPC after public notice and hearings to conform to any amendments made to the Political Reform Act. The City of Pleasant Hill, through adoption of Resolution ___-22, adopts and incorporates by reference 2 Cal. Code of Regs. § 18730 et seq., and any amendments that may be made to it by the FPPC, along with Appendices A, B, and C attached hereto. Collectively, these documents shall constitute the Conflict of Interest Code of the City of Pleasant Hill.

In accordance with the procedures described in Regulation 18730, each holder of a designated position shall file a statement of economic interest (Form 700) with the City Clerk, who will make the statements available for public inspection and reproduction pursuant to Government Code § 81008. In accordance with Government Code § 87200, members of the City Council, the City Treasurer, members of the Planning Commission, the City Manager, and City Attorney shall file Form 700 statements of economic interest. The City Clerk shall make and retain copies of these Form 700 statements and forward the originals to the FPPC. Statements for all other designated positions shall be retained by the City Clerk.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq. ), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.

APPENDIX A

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.

In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1
Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April

1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.

Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code.
(B) Contents of Assuming Office Statements.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office.
(7) Section 7. Manner of Reporting.

Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5the statement shall contain:

1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;

2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;

3. A description of the consideration, if any, for which the income was received;

4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;

5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6the statement shall contain:

1. The name, address, and a general description of the business activity of the business entity;

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following:

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:

1. Loans made to the campaign committee of the elected officer.

2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.

3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months.
(B) This section shall not apply to the following types of loans:

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.

5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 12 (9) Section 9. Disqualification.

No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made.
(9.3) Section 9.3. Legally Required Participation.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest.

When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel.

Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations.

7.6.b
Packet Pg. 91
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.

7.6.b
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Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

7.6.b
Packet Pg. 93
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93.

12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

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Packet Pg. 94
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1- 2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2).

23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7).

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

7.6.b
Packet Pg. 95
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51).

30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11- 30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44).

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

7.6.b
Packet Pg. 96
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

34. Redesignation of portions of subsection (b)(8)(A) as new subsections (b)(8)(B)-(D), amendment of subsections (b)(8.1)-(b)(8.1)(A), redesignation of portions of subsection (b)(8.1)(A) as new subsections (b)(8.1)(B)-(C) and amendment of subsection (b)(9)(E) filed 12- 1-2016; operative 12-31-2016 pursuant to Cal. Code Regs. tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision,

7.6.b
Packet Pg. 97
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

35. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-12-2018; operative 1- 11-2019 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2018, No. 50).

36. Amendment of subsections (b)(8.1)-(8.1)(A) filed 12-23-2020; operative 1-1-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2020, No. 52).

37. Amendment of subsections (b)(3)(C), (b)(5)(C), (b)(5.5), (b)(5.5)(A)(2), (b)(7)(D), (b)(8)(A), (b)(8.1)(A), (b)(8.2)(A), (b)(8.2)(C)-(D), (b)(8.3)(A), (b)(9), (b)(9.3), (b)(9.5), (b)(10) and (b)(11) and footnote 5 filed 5-12-2021; operative 6-11-2021 pursuant to Cal. Code Regs., tit. 2, section 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974

7.6.b
Packet Pg. 98
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update) 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

7.6.b
Packet Pg. 99
Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update)

APPENDIX B
DESIGNATED POSITIONS (2022)
The positions set forth below are deemed designated positions as part of the City of Pleasant Hill Conflict of Interest Code. Elected officials, commissioners, employees, and consultants holding these positions shall be presumed to make or participate in the making of decisions which foreseeably have a material effect on a financial interest and shall thus be required to file Statements of Economic Interests with the City Clerk:

ELECTED AND APPOINTED OFFICIALS AND COMMISSIONERS
TitleBody Classification
Disclosure
Category
(Appendix C)
City Council1 All City Councilmembers A, B, C, D, and E City Treasurer1 City Treasurer A, B, C, D, and E
Architectural Review
Commission
All Members A, B, C, D, and E
Diablo Vista Water System
Advisory Board
All Members A, B, C, D, and E
Planning Commission1 All Members A, B, C, D, and E

POSITIONSSTAFF AND CONSULTANTS
Department/Division Classification
Disclosure
Category
(Appendix C)
Administrative Services
Department
Finance
Human Resources
Information Technology
Finance Manager
Accounting ManagerAdministrative
Analyst II
Human Resources Manager
Chief Technology ManagerOfficer
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
All Departments Consultants2 A, B, C, D, and E
City Attorney Department City Attorney1 A, B, C, D, and E 1 This position is required to file Form 700 by virtue of Government Code § 87200 and is included herein for completeness.
2 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a ‘designated position,’ is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

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Packet Pg. 100 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update)

APPENDIX B
Designated Positions 2
Department/Division Classification
Disclosure
Category
(Appendix C)
City Manager Department City Manager1
Economic Development Manager
Principal Management Analyst/City Clerk
Senior Management Analyst (Community
Relations Manager/Public Information
Officer)
Administrative Analyst I
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Community Development
and Public Works
Department
Building
Engineering
Planning
Community Development Director/
Assistant City Manager
Chief Building Official
Building Inspector
City Engineer
Senior Civil Engineer
Senior Traffic Engineer
Associate Engineer
Assistant Engineer
Construction Inspector
City Planner
Senior Planner
Associate Planner
Assistant Planner
City Code Investigator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E

A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Maintenance Division Maintenance Superintendent
Maintenance Supervisor
Fleet Services Coordinator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Police Department Chief
Captain
Lieutenant
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E

7.6.b
Packet Pg. 101 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update)

APPENDIX C
DISCLOSURE CATEGORIES (2022)
As part of the Conflict of Interest Code of the City of Pleasant Hill, the designated positions described in Appendix B are assigned to one or more of the following disclosure categories. Each holder of a designated position shall file an annual statement (Form 700) disclosing that individual’s interest in investments, business positions, real property, and income, designated as reportable under that category to which the office or position is assigned as follows:

An investment, business position, interest in real property, or income is reportable if the business entity in which the investment or business position is held, the interest in real property, or the income or source of income may foreseeably be affected materially by any decision made or participated in by the holder of the designated position, or by virtue of the designated position held by that individual.

Category A
Holders of designated positions subject to Category A must report:

All interests in real property in the City of Pleasant Hill, and any real property outside of Pleasant Hill if it is within one mile (as measured in a straight line) from the closest City of Pleasant Hill boundary.

Category B
Holders of designated positions subject to Category B must report:

All investments and business positions in business entities located in the City of Pleasant Hill, and all sources of personal and business entity income that are received from persons and business entities located in the City of Pleasant Hill, or doing business in the City of Pleasant Hill.

Category C
Holders of designated positions subject to Category C must report:

All investments and business positions in business entities in the construction or building industry which are doing business within the City of Pleasant Hill.

Category D
Holders of designated positions subject to Category D must report:

All investments and business positions in business entities and sources of personal and business entity income that are received from persons and business entities which contract with or sell to the City of Pleasant Hill.

7.6.b
Packet Pg. 102 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update)

APPENDIX C
Disclosure Categories 2
Category E
Holders of designated positions subject to Category E must report:

Each management position or employment in a business entity located in or doing business in the City of Pleasant Hill or contracting with or selling to the City of Pleasant Hill.

7.6.b
Packet Pg. 103 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Redlined (Conflict of Interest Code Update)

7.6.c
Packet Pg. 104 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 1 (Regulations of the Fair Political Practices Commission, Title 2, Division 6, California Code of Regulations)
§ 18730. Provisions of Conflict of Interest Codes.
(a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.

APPENDIX A

7.6.c
Packet Pg. 105 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 2 The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.

7.6.c
Packet Pg. 106 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 3 disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.

7.6.c
Packet Pg. 107 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 4 (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.

7.6.c
Packet Pg. 108 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 5 Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements.

When an investment or an interest in real property3is required to be reported,4the statement shall contain the following:

1. A statement of the nature of the investment or interest;

7.6.c
Packet Pg. 109 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 6 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;

3. The address or other precise location of the real property;

3. A description of the consideration, if any, for which the income was received;

1. The name, address, and a general description of the business activity of the business entity;

7.6.c
Packet Pg. 110 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 7 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal.
(8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests. (B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $520.

7.6.c
Packet Pg. 111 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. (C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control.
(B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from

7.6.c
Packet Pg. 112 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 9 any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control.

1. Loans made to the campaign committee of an elected officer or candidate for elective office.

7.6.c
Packet Pg. 113 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 10 3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.

1. Loans made to the campaign committee of the elected officer.

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Packet Pg. 114 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 11 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.

1. A loan made to the campaign committee of an elected officer or a candidate for elective office.

2. A loan that would otherwise not be a gift as defined in this title.

3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.

4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action.

7.6.c
Packet Pg. 115 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 12 (9) Section 9. Disqualification.

No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made.

7.6.c
Packet Pg. 116 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 13 The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees.

7.6.c
Packet Pg. 117 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 14 This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
____________________
1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.

7.6.c
Packet Pg. 118 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 15 5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.

Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300- 87302, 89501, 89502 and 89503, Government Code.

HISTORY

1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14).

Certificate of Compliance included.

2. Editorial correction (Register 80, No. 29).

3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2).

4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5).

5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46).

6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16).

7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46).

8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28- 90; operative 9-27-90 (Reg. 90, No. 42).

7.6.c
Packet Pg. 119 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 16 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32).

10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6).

13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17).

15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13).

17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15).

7.6.c
Packet Pg. 120 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 17 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35).

19. Editorial correction of subsection (a) (Register 98, No. 47).

20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11- 99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20).

22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001.

24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,

7.6.c
Packet Pg. 121 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 18 nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3).

25. Editorial correction of History 24 (Register 2003, No. 12).

26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33).

28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41).

29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18- 2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v.

31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010.

Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of

7.6.c
Packet Pg. 122 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 19 Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47).

32. Amendment of section heading and subsections (a)-(b)(1), (b)(3)-(4), (b)(5)(C), (b)(8.1)- (b)(8.1)(A) and (b)(9)(E) and amendment of footnote 1 filed 1-8-2013; operative 2-7-2013.

33. Amendment of subsections (b)(8.1)-(b)(8.1)(A), (b)(8.2)(E)3. and (b)(9)(E) filed 12-15-2014; operative 1-1-2015 pursuant to section 18312(e)(1)(A), title 2, California Code of Regulations.

Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v.

7.6.c
Packet Pg. 123 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 20 April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2016, No. 49).

7.6.c
Packet Pg. 124 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update) 21 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2021, No. 20).

7.6.c
Packet Pg. 125 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update)

ELECTED AND APPOINTED OFFICIALS AND COMMISSIONERS
Body Classification
Disclosure
Category
(Appendix C)
City Council1 All City Councilmembers A, B, C, D, and E City Treasurer1 City Treasurer A, B, C, D, and E
Architectural Review
Commission
All Members A, B, C, D, and E
Diablo Vista Water System
Board
All Members A, B, C, D, and E
Planning Commission1 All Members A, B, C, D, and E

STAFF AND CONSULTANTS
Department/Division Classification
Disclosure
Category
(Appendix C)
Administrative Services
Department
Finance
Human Resources
Information Technology
Finance Manager
Administrative Analyst II
Human Resources Manager
Chief Technology Officer
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
All Departments Consultants2 A, B, C, D, and E
City Attorney Department City Attorney1 A, B, C, D, and E 1 This position is required to file Form 700 by virtue of Government Code § 87200 and is included herein for completeness.
2 Consultants shall be included in the list of designated employees and shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a ‘designated position,’ is hired to perform a range of duties that is limited in scope and thus not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.

7.6.c
Packet Pg. 126 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update)

APPENDIX B
Designated Positions 2
Department/Division Classification
Disclosure
Category
(Appendix C)
City Manager Department City Manager1
Economic Development Manager
Principal Management Analyst/City Clerk
Senior Management Analyst (Community
Relations Manager/Public Information
Officer)
Administrative Analyst I
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Community Development
and Public Works
Department
Building
Engineering
Planning
Community Development Director/
Assistant City Manager
Chief Building Official
Building Inspector
City Engineer
Senior Civil Engineer
Associate Engineer
Assistant Engineer
Construction Inspector
City Planner
Senior Planner
Associate Planner
Assistant Planner
City Code Investigator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Maintenance Division Maintenance Superintendent
Maintenance Supervisor
Fleet Services Coordinator
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E
Police Department Chief
Captain
Lieutenant
A, B, C, D, and E
A, B, C, D, and E
A, B, C, D, and E

7.6.c
Packet Pg. 127 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update)

Category A
Holders of designated positions subject to Category A must report:

Category B
Holders of designated positions subject to Category B must report:

Category C
Holders of designated positions subject to Category C must report:

All investments and business positions in business entities in the construction or building industry which are doing business within the City of Pleasant Hill.

Category D
Holders of designated positions subject to Category D must report:

7.6.c
Packet Pg. 128 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update)

APPENDIX C
Disclosure Categories 2
Category E
Holders of designated positions subject to Category E must report:

Each management position or employment in a business entity located in or doing business in the City of Pleasant Hill or contracting with or selling to the City of Pleasant Hill.

7.6.c
Packet Pg. 129 Attachment: Exhibit A - Conflict of Interest Code and Appendices - Clean (Conflict of Interest Code Update)

CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: UPDATE ON THE BUSINESS SUPPORT PROGRAMS TO COMPRISE THE CITY'S $500,000 SMALL BUSINESS ECONOMIC STIMULUS

INITIATIVE FUNDED BY THE AMERICAN RESCUE PLAN ACT

SYNOPSIS
The Economic Development Committee has developed business support program recommendations for Phase I of the $500,000 Small Business Economic Stimulus Program approved by the City Council with funds from the federal American Rescue Plan Act (ARPA).

DISCUSSION
Background
The City of Pleasant Hill will receive a total of $8.3 million from ARPA, including $4.16 million that was received in July 2021, and a second funding tranche expected in July 2022. Eligible costs must be incurred between March 3, 2021 and December 31, 2024, and expended by December 2026.

On September 22, 2021, the Budget Committee reviewed the Economic Development Committee’s request to recommend $500,000 be allocated from the first tranche of ARPA funding to help the City’s small businesses.

After the City Council adopted Resolution No. 68-21 on November 1, 2021 appropriating $500,000 in ARPA funds for small business grants and other programs to benefit the City’s merchants (“Small Business Economic Stimulus Program”), the Economic Development Committee met on November 16 and December 15, 2021 to review and discuss several potential business support programs to comprise Phase I of the Program.

Economic Development Committee Business Support Program Recommendations 1) Initial Launch: e-Gift Cards
An e-Gift Card Program benefits merchants as well as residents by creating Shop Local opportunities with the added benefit of gift card “bonuses.” Consumers purchase gift cards that can be redeemed at retail stores, restaurants, and personal care service business. The City then boosts the amount of the gift card purchase by providing a second bonus gift card. For example, if a consumer purchases a $50 gift card, the City could provide a second $25 gift

8.1 Packet Pg. 130
card so that the consumer has two gift cards totaling $75 even though the initial purchase amount was $50. City staff would work with the gift card vendor and other cities that have already implemented a gift card program to determine the bonus structure. The gift card program is managed by a third party administrator (such as Yiftee) that charges a processing fee of $1 per card plus 5% of the gift card amount. Several East Bay cities have already implemented an e-Gift Card Program, such as Benicia, Berkeley, Concord, Hayward, Newark, and Pleasanton. All of these cities used Yiftee to administer the gift cards and the City would most likely also use Yiftee.

Recommended Phase I Allocation: $10,000 (includes the bonus gift cards and gift card processing fees).
2) Second Launch: Website Technical Assistance Grants
Website Technical Assistance Grants of up to $5,000 would be provided to retail stores, restaurants, and personal care services to provide technical support across four categories:
 Online purchasing and pick-up/delivery functionality
 Social Media set-up and strategy (i.e. Facebook, Instagram, Yelp, Google Maps)  Email listserv set-up and strategy
 One-minute Profile Video to be posted on the business’s website and Social Media (the full video as well as snippets to be re-posted over several months) City staff would pre-screen technical consultants and then cover up to $5,000 per business in eligible technical support services.

Recommended Phase I Allocation: $50,000 (enough for up to 10 businesses). 3) Third Launch: Downtown Pedestrian Business Signage
City staff would collaborate with the Downtown Shopping Center (Vestar/UBS) and a graphic designer to develop conceptual designs for sidewalk business signs that would be placed in strategic downtown locations with the goal of alerting pedestrians to the different merchants located along Crescent Drive and in the adjacent downtown shopping areas. These signs would be poles with several individual businesses signs attached to the pole, similar in concept (but not necessarily similar in design) to the pedestrian business signs in the cities of Healdsburg, Napa, and Sonoma.

Recommended Phase I Allocation: $2,500 (for conceptual designs; if a final design is approved by the City Council, production and installation would occur in Phase II).

NOTE: Vestar/UBS has agreed to a 50% cost sharing for Phase I of the Downtown Pedestrian Business Signage project. The total cost for the conceptual designs, including revisions and redesigns, is anticipated to be up to $5,000, with the City and Vestar/UBS each contributing up to $2,500.

8.1 Packet Pg. 131
Marketing and Outreach
City staff will work with the Economic Development Committee on approaches for promoting the business support programs.

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund; the $500,000 has been appropriated by the City Council from federal ARPA funds passed through the State to the City.

RECOMMENDED CITY COUNCIL ACTION
Receive update on the Economic Development Committee’s recommendations for Phase I of the City’s $500,000 Small Business Economic Stimulus Program.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to receive the update on the Economic Development Committee’s recommendations for the Small Business Economic Stimulus Program. Staff does not recommend this option.

Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

8.1 Packet Pg. 132

CITY COUNCIL STAFF REPORT
Meeting Date: January 10, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING A REQUEST TO

THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE
ALLOCATION OF FISCAL YEAR 2022/2023 TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT

FUNDING

SYNOPSIS
The City is submitting a State Transportation Development Act (TDA) Article 3 grant application in the amount of $100,000 for the construction of the Taylor Boulevard and Civic Drive Pedestrian Pathway Improvement Project. The purpose of this item is to consider a resolution of the City Council to authorize the Acting City Engineer to submit the TDA grant application.

DISCUSSION
Background
The Metropolitan Transportation Commission (MTC) notified agencies of available TDA funds in November 2021. Eligible projects may include sidewalk improvements; pedestrian and bicycle crossing improvements; on-street or off-street bicycle facilities; and development of bicycle safety education programs or plans. The basic objectives of the TDA grant program are to increase the safety and efficiency of bicycle and pedestrian travel, and to encourage alternative modes of transportation. The MTC requires a supporting Resolution from the City Council to be eligible for grant funds.

The TDA program allows the City to submit one grant application per fiscal year. The grant award process has historically been very competitive. Although agencies are not required to provide a local funding match for the grant, it is strongly encouraged in order to remain competitive in the grant selection and award process.

Last year MTC allocated approximately $1.1M in State TDA funds for project awards among the various agencies within Contra Costa County. Project funding awards historically do not exceed $100,000.

9.1 Packet Pg. 133
Analysis
Taylor Boulevard is a busy principal arterial in the City of Pleasant Hill with a traffic volume of 19,700 vehicles per day. Residents and pedestrians are reluctant to utilize Taylor Boulevard as a safe path of travel due to motorized traffic. The proposed pedestrian pathway and buffered bike lanes are needed to provide students, residents, and bicyclists a safe means of access along Taylor Boulevard. The proposed project will decrease the potential of vehicle conflict, provide access, and encourage walking/biking to school and other civic destinations from the surrounding neighborhoods.

The Safe Routes to School project will construct approximately 900 feet of ADA-compliant pathway of travel along Taylor Boulevard between Civic Drive and Ruth Drive. The purpose of the new pathway is to connect residents to the various schools in the area (Gregory Gardens Elementary School, Valley View Middle School, College Park High School, and Diablo Valley College), the YMCA, Police Department, and Community Center. The proposed 5-foot to 6- foot-wide asphalt concrete pathway will connect on the west end of the project limits to a new traffic signal and intersection improvements at Civic Drive (bidding in the spring of 2022), and on the east end of the project limits to existing sidewalk at Ruth Drive. Drainage and landscaped median modifications will be required. Existing Class II bike lanes will be upgraded to buffered bike lanes where possible.

In December of 2021, staff submitted two potential projects to the Countywide Bicycle Advisory Committee (CBAC): the Taylor Boulevard and Civic Drive Pedestrian Pathway Improvement Project, and the Oak Park Boulevard Sidewalk Gap Closure Project. The CBAC preferred the Taylor Boulevard project and encouraged the City to submit the Oak Park Boulevard project next year.

FISCAL IMPACT
The project improvement cost is estimated at $780,000, of which staff is seeking $100,000 in TDA grant funds. Local funds (Measures J, K and/or Gas Tax) would fund the remaining $680,000 in estimated project cost to match the TDA grant funds.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
City Council can choose not to adopt the proposed resolution and not authorize the filing of the TDA grant application. If so, local funds would need to fund the full project construction cost for

9.1 Packet Pg. 134
the Taylor Boulevard and Civic Drive Pathway Improvement Project.

ATTACHMENT(S):

Project Location Map
Proposed Resolution
Attachment A: Findings
Attachment B: TDA Article 3 Project Application Form
Prepared by: Deirdre Castillo, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, Acting City Engineer Approved by: June Catalano, City Manager

9.1 Packet Pg. 135

9.1.a
Packet Pg. 136
Attachment: Project Location Map 22-23 (TDA Grant Application FY 22-23) RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AUTHORIZING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2022/2023
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE

PROJECT FUNDING
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No.4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Pleasant Hill desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; now, therefore, be it RESOLVED, that the City of Pleasant Hill declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code, and furthermore, be it
RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of the City of Pleasant Hill to carry out the project; and furthermore, be it RESOLVED, that the project has been reviewed by the countywide Bicycle Advisory Committee and has been approved by MTC to use the countywide BAC and the countywide BAC provides for expanded representation of the City of Pleasant Hill and the designated representatives are familiar with the bicycle and pedestrian needs of the City of Pleasant Hill; and furthermore, be it
RESOLVED, that the City of Pleasant Hill attests to the accuracy of and approves the statements in Attachment A to this resolution; and furthermore, be it RESOLVED, that a certified copy of this resolution and its attachments, and any

9.1.b
Packet Pg. 137 Attachment: Proposed Resolution (TDA Grant Application FY 22-23) accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 10th day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

9.1.b
Packet Pg. 138 Attachment: Proposed Resolution (TDA Grant Application FY 22-23) October 2014 Model resolution for TDA Article 3 County Administrators

Page 1 ends

Resolution No. -22
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022/2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings

Page 1 of 1 ends

1. That the City of Pleasant Hill is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Pleasant Hill legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.

2. That the City of Pleasant Hill has committed adequate staffing resources to complete the project(s) described in Attachment B.

3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).

4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.

5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).

6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).

7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Pleasant Hill within the prior five fiscal years.

8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan.

9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual.

10. That the project(s) described in Attachment B will be completed before the funds expire.

11. That the City of Pleasant Hill agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.

9.1.c
Packet Pg. 139 Attachment: Attachment A - Findings (TDA Grant Application FY 22-23) October 2014 Model resolution for TDA Article 3 County Administrators Page 1 Resolution No. -22
Attachment B
page 1 of 2
TDA Article 3 Project Application Form
Fiscal Year of this Claim: FY 2022/2023 Applicant: City of Pleasant Hill Contact person: Deirdre Castillo, P.E., Senior Civil Engineer Mailing Address: 100 Gregory Lane, Pleasant Hill, CA 94523 E-Mail Address: [email protected] Telephone: (925) 671-5251 Secondary Contact (in event primary not available): Ananthan Kanagasundaram, P.E., Acting City Engineer E-Mail Address: [email protected] Telephone: (925) 671-5261 Short Title Description of Project: Taylor Boulevard and Civic Drive Pedestrian Pathway Improvement Project Amount of claim: $100,000
Functional Description of Project:

The proposed Safe Routes to School project will construct approximately 900-ft of ADA-compliant pathway of travel along Taylor Boulevard between Civic Drive and Ruth Drive. The purpose of the new pathway is to connect residents to the various schools in the area (Gregory Gardens Elementary School, Valley View Middle School, College Park High School, and Diablo Valley College), the YMCA, Police Department, and Community Center. The proposed 5-ft to 6-ft wide asphalt concrete pathway will connect on the west end of the project limits to a new traffic signal and intersection improvements at Civic Drive (bidding in the spring of 2022), and on the east end of the project limits to existing sidewalk at Ruth Drive. Drainage and landscaped median modifications will be required. Existing Class II bike lanes will be upgraded to buffered bike lanes where possible.

Taylor Boulevard is a busy principal arterial in the City of Pleasant Hill with a traffic volume of 19,700 vehicles per day. Residents and pedestrians are reluctant to utilize Taylor Boulevard as a safe path of travel due to motorized traffic. The proposed pedestrian pathway and buffered bike lanes are needed to provide students, residents, and bicyclists a safe means of access along Taylor Boulevard. The proposed project will decrease the potential of vehicle conflict, provide access, and encourage walking/biking to school and other civic destinations from the surrounding neighborhoods.

Financial Plan:

List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3.

Project Elements: Construction of ADA-compliant asphalt concrete path and concrete sidewalk; buffered bike lane; minor drainage modifications; minor landscaped median modifications; traffic signage and striping Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000
list all other sources:

1. Local (Measure J, K,
and/or Gas Tax)
$680,000 $680,000

2. 3.

4. Totals $780,000 $780,000
Project Eligibility: YES?/NO?
A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). Approved as CIP proposed project. Resolution to approve grant application ETA January 2022 Yes
B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. No C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov).

Yes

9.1.d
Packet Pg. 140 Attachment: Attachment B - TDA Grant Application (TDA Grant Application FY 22-23)

October 2014 Model resolution for TDA Article 3 County Administrators Page 2 D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: Applicable to Bicycle and Pedestrian Master Plan; for review by CBAC TBD
E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). Exempt project. CEQA ETA January 2022 TBD
F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) November 2023
YES
G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name:

All proposed improvements will be maintained by the City Maintenance Division YES

9.1.d
Packet Pg. 141 Attachment: Attachment B - TDA Grant Application (TDA Grant Application FY 22-23)

Pleasant Hill City CouncilJanuary 10, 2022

Pleasant Hill City Council
January 10, 2022