CITY OF PLEASANT HILL
CITY COUNCIL MEETING AGENDA
JANUARY 9, 2023
REGULAR MEETING – 7:00 PM
Per City Council resolution under AB 361, members of the City Council, City staff/consultants, and the public will be able to participate either in-person* at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
or remotely via Zoom.
*Due to social distancing requirements, limited seating is available in person; if capacity is reached, you may participate remotely via Zoom.*
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: 838 9751 2136
Passcode: 989599
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.
City Council Meeting Agenda Page 1 January 9, 2023
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267
MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK
VICE MAYOR MATTHEW RINN COUNCILMEMBER ZAC SHESS
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.
Comments are generally limited to three minutes.
Public Participation Options
1)_ Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:
City Council Meeting Agenda Page 2 January 9, 2023
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. You are encouraged to turn on your camera/video with a blurred background during your public comment so the City Council and public can see you on screen. We ask that you state your name and city of residence for the record when you start your comments.
Please use the "Raise hand" feature in Zoom. You will be observing the meeting as an Attendee and will not be seen or heard until it is your turn to speak. You will be invited into the meeting as a Panelist and asked to speak when it is your turn.
Try to be in a room or space without a lot of background noise. Mute your microphone until it is your turn to speak.
Have a strong, reliable internet connection
a. Via Phone
Call (669) 900-6833 and enter the Meeting ID and Passcode. If connecting via telephone, press *9 to “raise your hand” to alert staff that you wish to speak. (Note that there may be multiple hearing items on the same agenda.)
Have a strong, reliable internet connection or cell phone signal. a. In Person
Members of the public may attend the meeting in person subject to the limited space available. You may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk.
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 to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 925-671-5221.
City Council Meeting Recordings and Broadcasts.
Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 1029, and AT&T UVerse 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.
City Council Meeting Agenda Page 3 January 9, 2023
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. PRESENTATIONS
4.1 Recognition of Ken Carlson for Service on the City Council from 2012 to 2022 and Election to Contra Costa County Board of Supervisors, District 4
4.2 Proclamation Designating January 22, 2023 as the Lunar New Year in the City of Pleasant Hill
5. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)
6. COUNCIL ANNOUNCEMENTS AND REPORTS
6.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted by the City of Hercules on January 5, 2023 (B) Other Meetings Attended at City Expense
6.2 Announcements from Councilmembers
7. 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 provide public comments, please see the Public Participation Options above.
8. 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.
8.1 Approve Minutes for the Regular City Council Meeting of December 19, 2022
8.2 Approve Checks Dated: December 16, 2022; December 23, 2022; December 30, 2022
8.3 Approve Mayor’s Recommended Appointments of Councilmembers to Various Committees and Boards for 2023 and Ratification of Existing Committees
8.4 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361
8.5 Adopt Resolution No. ___- 23 Authorizing Signatures for Withdrawal of City Funds, Performing Banking Administration, and Rescinding Resolution No. 41-22 City Council Meeting Agenda Page 4 January 9, 2023
9. ACTION CALENDAR
9.1 Discuss the Appointment Process to Fill the Vacant City Councilmember Position and Provide Direction to Staff
10. ADJOURNMENT
Next City Council Meeting: January 23, 2023
CITY COUNCIL STAFF REPORT
Meeting Date: January 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 19, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.
ATTACHMENT(S):
December 19, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder
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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
December 19, 2022
City Council Meeting Minutes Page 1 December 19, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on December 15, 2022, by Deputy City Clerk Juanita Davalos.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. 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
4. CITY MANAGER COMMENTS
June Catalano, City Manager, reported that:
The Civic Action Commission is starting to plan for the 2023 Sunset by the Lake Summer Concert series and received 71 applications from performers.
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Mayor Harris reported his attendance at the League of California Cities East Bay Division Holiday Party, along with Vice Mayor Flaherty, and Councilmembers Carlson and Rinn.
5.2 Announcements from Councilmembers
Councilmembers Carlson and Rinn reported their attendance at the Pleasant Hill Chamber of Commerce holiday mixer and ribbon cutting at the Carlton Hotel.
Vice Mayor Flaherty announced that tonight is the last City Council meeting for Councilmember Carlson as he was elected to fill the District 4 County Supervisor seat.
Mayor Harris reported his attendance at the Pleasant Hill Chamber of Commerce holiday mixer and ribbon cutting at the Carlton Hotel, and the Pleasant Hill Recreation & Park District holiday party. Mayor Harris reported his participation at an event held by the Food Bank of Contra Costa and Solano Counties.
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Attachment: December 19, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 December 19, 2022
6. PUBLIC COMMENT
Mayor Harris opened public comment.
There was no public comment.
Mayor Harris closed public comment.
7. CONSENT CALENDAR
Motion (Rinn/Noack) to Approve all consent items, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
7.1 Approve Minutes for the Regular City Council Meetings of November 21, 2022 and December 5, 2022 and the December 13, 2022 Joint City Council and Planning Commission Meeting
7.2 Approve Checks Dated: December 02, 2022; December 09, 2022
7.3 Adopt Ordinance No. 961 Repealing Section 18.50.170, “Electric Vehicle Charging Stations,” of Title 18 of the Pleasant Hill Municipal Code and Adding a New Chapter 14.75, “Electric Vehicle Charging Systems; Streamlined Permitting”
7.4 Adopt Resolution No. 106-22 Accepting AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2022
7.5 Adopt Resolution No. 107-22 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the PACE Bargaining Unit
8. ACTION CALENDAR
8.1 Adopt Resolution No. 108-22 Declaring the Official Results of the General Municipal Election Held in the City of Pleasant Hill, State of California, on Tuesday, November 8, 2022
Councilmember Noack, Councilmember-Elect Shess, and outgoing Councilmember Carlson made brief remarks.
No one from the public spoke on the item.
Motion (Harris/Flaherty) to Approve item 8.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
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Attachment: December 19, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 December 19, 2022
8.2 Remarks by Outgoing Mayor Michael G. Harris
Mayor Harris presented a slideshow which highlighted his longtime service to the City.
8.3 Recognition of Outgoing Mayor Michael G. Harris
Vice Mayor Flaherty presented Mayor Harris with a gift from the City and Councilmembers in recognition of his service and leadership. Vice Mayor Flaherty expressed his appreciation to Mayor Harris.
District 4 County Supervisor Karen Mitchoff presented Mayor Harris with a resolution from the Contra Costa County Board of Supervisors.
The following members of the public commented on Mayor Harris’ service to the City of Pleasant Hill:
Lisa Chow, Pleasant Hill
John Matthesen, Pleasant Hill
Diane Kamrin, Pleasant Hill
Dawn Block, Pleasant Hill
8.4 Oath of Office to City Treasurer Andrew Kalinowski
The Oath of Office to City Treasurer Andrew Kalinoski was postponed.
8.5 Oath of Office to Councilmembers Sue Noack and Zac Shess Danielle Navarro, City Clerk, administered the Oath of Office to Councilmembers Sue Noack and Zac Shess.
Mayor Harris called for a recess at 7:46 p.m. and stepped down from the dais.
Vice Mayor Flaherty reconvened the meeting at 7:56 p.m. and Councilmember Shess joined the other Councilmembers at the dais.
8.6 Election of Mayor
Vice Mayor Flaherty opened public comment.
There was no public comment.
Vice Mayor Flaherty closed public comment.
Motion (Carlson/Noack) to Nominate Vice Mayor Flaherty as Mayor, carried as follows:
AYES: Carlson, Noack, Rinn, Shess, Flaherty
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Attachment: December 19, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 December 19, 2022
8.7 Election of Vice Mayor
Mayor Flaherty opened public comment.
There was no public comment.
Mayor Flaherty closed public comment.
Motion (Noack/Carlson) to Nominate Councilmember Rinn as Vice Mayor, carried as follows:
AYES: Carlson, Noack, Rinn, Shess, Flaherty
8.8 Remarks by New Mayor and Vice Mayor
Mayor Flaherty and Vice Mayor Rinn made brief remarks.
12. ADJOURNMENT
Mayor Flaherty adjourned the meeting at 8:01 p.m. The next regular meeting will be held on Tuesday, January 9, 2023, beginning at 7:00 p.m.
CAROL W. WU, CITY CLERK RECORDER
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Attachment: December 19, 2022 Tentative Minutes (Minutes)
CITY COUNCIL STAFF REPORT
Meeting Date: January 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: DECEMBER 16, 2022; DECEMBER 23, 2022; DECEMBER 30, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Maria Alfredo, Accounting Technician I
Approved by: Erick Cheung, Finance Manager
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
MEMORANDUM
TO: City Councilmembers
FROM: Mayor Timothy M. Flaherty
DATE: January 9, 2023
SUBJECT: Approve Mayor’s Recommended Appointments of Councilmembers to Various Committees and Boards for 2023 and Ratification of Existing Committees
ASSIGNMENTS COUNCILMEMBER(S) ALTERNATE CHAIR
Association of Bay Area Governments (ABAG) Flaherty Noack Budget Subcommittee Flaherty & Noack Flaherty
Central Contra Costa Transit Authority (CCCTA)
County Connection Board Representative1
Noack Flaherty
Chamber of Commerce Rinn Shess
Diversity Commission TBD
East Bay Division - League of CA Cities Rinn Flaherty
Economic Development Committee2 Rinn & Shess Rinn
Interview and Nominating Subcommittee Flaherty & TBD Flaherty General Plan Committee3 Noack & TBD
John Muir Community Health Fund Board4 Rinn & Joseph Vu (resident)
Marin Clean Energy Rinn TBD
Mayors’ Conference Flaherty Rinn
Recreation & Park District Liaison Committee5 Flaherty & Rinn Flaherty School District Task Force6 Rinn & Noack Rinn
TRANSPAC Noack Rinn
Youth Organizations Liaison (Teen Council, etc.) Rinn TBD 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 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED
TELECONFERENCED, HYBRID OR IN-PERSON 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 without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On December 5, 2022, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies from December 12, 2022 through January 11, 2023. Staff recommends the City Council reaffirm the resolution for the next 30-day period.
DISCUSSION
Background
AB 361 temporarily authorizes local agencies to hold teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting: 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing; 2) during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees; and 3) during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.
On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.
The City Council has continuously reaffirmed that resolution.
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Analysis
In order to continue teleconferenced or hybrid meetings, the Council must reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.
The State of California is under an emergency declaration regarding COVID-19 through February 28, 2023, and as of the publishing of the agenda packet that contains this report, State health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Although the County rescinded any and all active COVID-19-related health orders on October 21, 2022, Contra Costa Health Services continues to issue updated Recommendations for Safely Holding Public Meetings (December 7, 2022 update attached).
The State of California emergency declaration regarding COVID-19 remains in effect, and State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing is recommended to help reduce the transmission of COVID-19.
The last reaffirmation of Resolution No. 33-22 expires on January 11, 2023. Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies from January 12, 2023 through February 10, 2023 pursuant to the provisions of AB 361.
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.
1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx updated June 13, 2022; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ThirdVaccineDoseQandA.aspx updated December 12, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated November 8, 2022.
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RECOMMENDED CITY COUNCIL ACTION
Reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.
ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.
ATTACHMENT(S):
Resolution No. 33-22
Recommendations for Safely Holding Public Meetings (December 7, 2022) Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager
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RESOLUTION NO. 33-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY
TELECONFERENCED MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361, AND RESCINDING AND REPLACING RESOLUTION 19-22
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies that meet via teleconference, including through other virtual or electronic means such as Zoom, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Pleasant Hill, including all its commissions, committees, and other Brown Act bodies, shall have the option of holding public meetings in-person with social distancing, via hybrid teleconferencing, or via fully teleconferencing, pursuant to AB 361 and Government Code section 54953(e).
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill;
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. This Resolution rescinds and replaces Resolution 19-22.
Section 3. The City Council and all other City commissions, committees, or other Brown Act Bodies shall be authorized to meet in person with social distancing, via hybrid teleconferencing or via fully teleconferencing the meeting. A hybrid approach is one in which some persons are permitted to attend in-person, as space permits, and others are permitted to attend virtually. The legislative body shall indicate which type of meeting it is holding by noting at the top of each agenda whether an in-person location is being
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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 1/12/23-2/10/23) made available and if it is, approximately how many members of the public may be accommodated.
Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend measures to promote social distancing, but the City Council may terminate the Resolution at any time.
In the event that more than thirty days pass in between regular City Council meetings for any reason, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion at the beginning of the next regular meeting or a special meeting called for such purposes.
Section 5. The City Council hereby finds and determines that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.
Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.
The City Council declares that it would have adopted this Resolution regardless of the invalidity of any particular portion of this Resolution.
Section 7. This Resolution shall take effect immediately upon its passage.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 1/12/23-2/10/23) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.
1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of December 7, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and Covid-19 wastewater surveillance are increasing. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.
2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.
3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.
4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.
5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.
6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.
7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.
Revised 12-7-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County
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Attachment: Recommendations for Safely Holding Public Meetings (December 7, 2022) (Teleconferenced, Hybrid or In-person Meetings 1/12/23-
CITY COUNCIL STAFF REPORT
Meeting Date: January 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___- 23 AUTHORIZING SIGNATURES FOR
WITHDRAWAL OF CITY FUNDS, PERFORMING BANKING
ADMINISTRATION, AND RESCINDING RESOLUTION NO. 41-22
SYNOPSIS
A resolution is required to authorize positions to draw or sign City checks for payment of City funds and banking administration to conduct City business. Staff recommends the City Council adopt the proposed resolution authorizing signatures for withdrawal of City funds, authorizing personnel to perform banking administration, and rescinding Resolution No. 41-22.
DISCUSSION
Background
On December 19, 2022, the City Council elected a new Mayor and Vice Mayor. In the past, an amended resolution was passed to incorporate the names of the newly elect Mayor and Vice Mayor as authorized signors, which appears to have been a requirement of Bank of America which was the City’s previous bank. Bank of the West does not have this requirement and it would reduce the administration and potential delays due to the transition to include the positions by title only. Therefore, the changes will authorize the individuals holding the following five positions and their successors to draw or sign City checks upon City funds for payment of legal demands against the City and execute signature cards at the local depository:
1. Mayor
2. Vice Mayor
3. City Treasurer
4. Assistant City Manager
5. Finance Manager/Deputy City Treasurer
Bank of the West also suggested some additional language to clarify which City staff can direct operational banking needs for the City that include signing new contracts (i.e. new signature cards), opening and closing bank accounts. The resolution includes language that authorizes the City Manager or the Finance Manager to perform these operational banking tasks on behalf of the City.
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FISCAL IMPACT
Authorization of specific positions to draw or sign City checks upon City funds is required for payment of legal demands against the City. Authorization is required for specific positions to perform banking operations.
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 the proposed resolution authorizing positions as signatures for withdrawal of City funds, authorizing personnel to perform banking administration on the City’s behalf, and rescinding Resolution No. 41-22.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could authorize different positions to draw or sign City checks upon City funds for payment of legal demands and/or staff to conduct banking administration for the City.
ATTACHMENT(S):
Proposed Resolution
Prepared by: Erick Cheung, Finance Manager
Reviewed by: June Catalano, City Manager
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RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING SIGNATURES FOR WITHDRAWAL OF CITY FUNDS AND RESCINDING RESOLUTION NO. 41-22
WHEREAS, it is desirable that a minimum of five individuals be authorized to draw or sign City checks for payment of City funds for the orderly administration of City business; and WHEREAS, at the December 19, 2022 meeting, the City Council elected a new Mayor and Vice Mayor; and
WHEREAS, the individuals in the following positions would be authorized signors and an update would not be needed for changes in persons holding those positions.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the individuals holding the following five positions and their successors are authorized effective January 9, 2023 to draw or sign City checks upon City funds for payment of legal demands against the City and execute signature cards at the local depository:
1. Mayor
2. Vice Mayor
3. City Treasurer
4. Assistant City Manager
5. Finance Manager/Deputy City Treasurer
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager and/or the Finance Manager to perform the following banking operations functions with the Bank of the West:
1. Establish one or more deposit accounts with the bank
2. Manage, operate, and/or provide instructions on these accounts
3. Contract for any new banking services that are necessary and/or appropriate to manage the City’s deposit accounts
BE IT FURTHER RESOLVED that Resolution No. 41-22 is hereby rescinded. [Signatures on Following Page]
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Attachment: Proposed Resolution (Signature for Withdrawal of Funds 2023) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 9
th day of January, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
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Attachment: Proposed Resolution (Signature for Withdrawal of Funds 2023)
CITY COUNCIL STAFF REPORT
Meeting Date: January 09, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: DISCUSS THE APPOINTMENT PROCESS TO FILL THE VACANT
CITY COUNCILMEMBER POSITION AND PROVIDE DIRECTION TO
STAFF
SYNOPSIS
In light of the resignation of an elected City Councilmember, the City Council must, within 60 days from the commencement of the vacancy, either appoint a successor to fill the vacancy until the certification of the November 5, 2024 General (Municipal) Election, or call a special election to fill the vacancy. At its December 5, 2022 meeting, the City Council agreed to make an appointment rather than hold a special election and staff was given direction to prepare an application form for the City Council to review in January should it decide to use an application.
Staff has prepared a draft application and recommends the City Council review the application and discuss the process and provide direction to staff on how to proceed.
DISCUSSION
Background
California city councilmembers obtain their seats through election. In order to stand for election, a candidate must be a resident and registered voter of Pleasant Hill. No other qualifications are required or may be added by the City Council.
In instances in which an elected councilmember’s post is vacated prior to the end of their term, Government Code § 36512(b) provides that:
“(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
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(2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
Councilmember Carlson submitted his letter of resignation effective December 31, 2022, which falls in the second half of his term of office, making § 36512(b)(2)(B) applicable. Thus, by March 1, 2023, the City Council must either (1) appoint an individual to fill the position, in which case the appointee must meet the criteria for election set out above, or (2) call for a special election to allow voters to select a new councilmember. At its December 5, 2022 meeting, the City Council agreed on the appointment option versus holding a special election and staff was given direction to prepare an application form for the City Council to review in January should it decide to use an application.
Analysis
Candidates for appointment are limited to those individuals who would be eligible to serve as an elected councilmember; that is, individuals who are electors (registered voters) in the City. Staff requests that the Council review the draft application; provide direction to staff on finalizing the application; direct staff to post and publish notice of the availability of the position, and accept application materials from interested persons over a brief period; and conduct interviews and make a selection. The application process is not mandated by law, and the Council is free to craft its own process.
Staff recommends the following actions and timeline:
January 9, 2023 City Council Meeting
1. Review the draft application and provide direction to staff to finalize it.
2. Direct staff to post and publish the vacancy notice and application process with an application deadline of January 27, 2023.
February 6, 2023 City Council Meeting
1. Review the applications of qualified applicants (staff-verified registered Pleasant Hill voters eligible to hold office).
2. Determine whether to interview all qualified applicants at a special meeting or at the February 27, 2023 regular meeting or select the specific applicants to be interviewed at a special meeting or at the February 27, 2023 regular meeting.
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If Special Meeting Held
1. Interview the applicants at the special meeting.
2. Either:
a. Vote to appoint a new City Councilmember at the meeting; or b. Set the appointment discussion for the February 27, 2023 regular City Council meeting.
If No Special Meeting Held, February 27, 2023 City Council Meeting
1. Interview the applicants.
2. Vote to appoint a new City Councilmember.
FISCAL IMPACT
The costs to implement the appointment process include staff time and advertising the position.
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 review the draft application and discuss the timeline and steps to appoint a new City Councilmember and provide direction to staff on how to proceed.
ALTERNATIVES TO RECOMMENDED ACTION
City councilmembers are essential officers of municipal government and a new one must be selected by law. The Council has a mandatory duty to choose to either appoint a new councilmember or call a special election for that purpose. No alternatives to this duty are available.
ATTACHMENT(S):
Draft City Councilmember Application
Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager
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APPLICATION FOR APPOINTMENT
TO THE CITY COUNCIL
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
Last Name: First Name:
Residence Address:
Cell Phone: Daytime Phone:
Email Address:
In what way(s) are you currently active in the community? Why do you want to be on the City Council?
What experience would you bring to the Council that you feel would be of most benefit to the City and its residents, businesses, and visitors?
I swear (or affirm) that I am a resident of County, and I am registered to vote at the address shown on this application.
Date: Signature:
Return this form by January 27, 2023 to:
City of PleasantHill City Manager’s Office
Attn: Juanita Davalos
100 Gregory Lane
Pleasant Hill, CA 94523-3323
Email: [email protected]
Other than telephone numbers, the information in this form is subject to public disclosure upon request under the California Public Record Act.
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Attachment: Draft City Councilmember Application (City Council Vacancy 2023)