Agenda — Pittsburg City Council, June 6, 2022 (part 1 of 2)

CITY OF PITTSBURG
AGENDA
JUNE 06, 2022

CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA

CLOSED SESSION
5:00 P.M.

REGULAR MEETINGS
7:00 P.M.

CITY COUNCIL

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel Employee organizations: American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit and Miscellaneous A Unit; Pittsburg Police Officers’ Association; Pittsburg Police Managers Group; Teamsters Local 856; International Brotherhood of Electrical Workers Local 1295
Unrepresented employees: Management Group; Senior Executive Team

2. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462
7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

3. Contra Costa County Fire Protection District Update

4. New Employee Introductions

5. Recreation Department Report

6. Budget

PROCLAMATIONS

7. Celebrating Pride Month

8. Annual East County Juneteenth Celebration

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

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

Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)

COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members particiapte). (No Action Required)

CITY COUNCIL MEETING

CONSIDERATION

10. Adoption of a City Council Resolution to Approve a Lease Agreement between the City of Pittsburg and Global Resources Trading, LLC
The City of Pittsburg desires to lease a waterfront parcel on Marina Boulevard to Global Resources Trading, LLC (Developer) for development of a commercial building that will house a hotel, restaurants, and banquet hall.

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST PITTSBURG

GHAD II CONSENT CALENDAR

11. Minutes of May 16, 2022

12. By Minute Order, Approve City Council Recesses for Summer Months Historically, the City Council takes recesses during the summer months to allow for both staff and Council vacations. Both the recess and the scheduled dates are at the discretion of the Council.

13. Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e)
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days. 3 14. Adoption of a City Council Resolution to Approve the Preliminary Engineer’s Report, Declare the City Council’s Intent to Levy and Collect Assessments in Landscaping and Lighting Assessment District 1988-01, for Fiscal Year 2022-23, and Set a Date to Conduct a Public Hearing.

Pursuant to state statutes governing the renewal of assessment districts, the City Council is being asked to adopt the resolution approving the preliminary Engineer’s Report for Landscaping and Lighting Maintenance Assessment District 1988-01 (District 88-01), Citywide, Fiscal Year 2022-23 and to set July 18, 2022, as the date for a public hearing for this matter.

15. Adoption of a City Council Resolution to Approve the Premilinary Engineer’s Report, Declare the City Council’s Intent to Levy and Collect Assessments in Landscaping and Lighting Assessment District 1988-02, for Fiscal Year 2022-23, and Set a Date to Conduct a Public Hearing.

Pursuant to state statutes governing the renewal of assessment districts, the City Council is being asked to adopt the resolution approving the preliminary Engineer’s Report for Landscaping and Lighting Maintenance Assessment District 1988-02 (District 88-02), Oak Hills, Fiscal Year 2022-23 and to set July 18, 2022, as the date for a public hearing for this matter.

16. Adoption of a City Council Resolution to Accept Project 3079, Ambrose Park Restroom and Concession Project as Complete and Authorize the City Engineer to File a Notice of Completion
Project 3079, Ambrose Park Restroom and Concession Project (the “Project”) was for the replacement of the existing restroom and snack bar at Ambrose Memorial Park. Adoption of this resolution will accept the Project as complete and authorize the City Engineer to File a Notice of Completion (NOC).

17. Adoption of a City Council Resolution Authorizing Negotiation and Execution of an Agreement for the Purchase of an Enterprise License for FileOnQ Software The Police Department seeks approval to appropriate funds for the purchase of an Enterprise License offered by the database platform FileOnQ. The Enterprise license will allow the Police department to expand from the existing, already purchased, EvidenceOnQ to include Quartermaster and Personnel modules.

18. Adoption of a City Council Resolution Authorizing Negotiation and Execution of Agreement With Motorola Solutions to Upgrade Police Radio System to Meet California Department Of Justice Requirements
The Police Department is required to meet the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy to ensure the confidentiality of information from the California Law Enforcement Telecommunications system (CLETS). Compliance will require the Police Department to upgrade all radio systems to include encryption of all radio traffic. 4 19. Adoption of a City Council Resolution to Authorizing the City Manager to enter into a 60-Month Lease/Maintenance agreement with Konica Minolta Business Solutions (KMBS).

Authorize the City Manager, upon recommendation of the Director of Finance, to enter into a 60-Month Lease/Maintenance agreement with Konica Minolta Business Solutions (KMBS) to meet the Copying, Printing and Scanning needs of the City departments/agencies.

20. Adoption of a City Council Resolution Declaring the City’s Granted Tidelands as Exempt Surplus Land
The City proposes to lease City-owned Granted Tidelands to revitalize the Pittsburg Waterfront. The Surplus Land Act at California Government Code requires that a local agency declare land as surplus land or exempt surplus land, as supported by written findings before taking action to dispose of it.

21. By Minute Order, Initiation of a Review and Potential Amendment of Pittsburg Municipal Code (PMC) Title 18 (“Zoning”) Related to Permitted Uses within the Pedestrian Commercial (CP) District
This is a City-initiated proposal to consider potential amendments to Title 18 of the Pittsburg Municipal Code (PMC) related to the allowable uses within the CP (Pedestrian Commercial) District.

22. Adoption of a City Council Resolution to Accept and Allocate Clean California Local Grant Program Funds and Authorize a Grant Agreement with the California Department of Transportation and a Pittsburg Power Company Resolution to Approve the Use of a Combination of Available Funds to Pay for the Required Match for the Clean California Local Grant
The City has been awarded $2,891,692 in California Department of Transportation Clean California Local Grant Program funding for the Reviving the Heart of Pittsburg Pride Project (Project). The Project aims to beautify the Railroad Avenue corridor from Civic Avenue to 10th street through landscaping, art, park development and more.

23. Adoption of a City Council Resolution Requesting the Consolidation of the Municipal Election with Other Elections to be Held on Tuesday, November 8, 2022 General Election Date for the Election of Certain Officers as Required by the Provisions of the Laws of the State of California Relating to General Law Cities and Levying a Charge and Establishing Word Limitation for Candidates’ Statements
Pursuant to Elections Code Section 10400, et. seq., the City must, at least 88 days prior to the date of the election, file with the Board of Supervisors a Resolution of its governing board requesting the consolidation of elections and setting forth the exact form of any office to be voted upon at the election and establishing the word limitation for candidates’ statements. 5 24. By Minute Order, Direct Review of City’s Conflict of Interest Code The Political Reform Act requires every local government agency to review its Conflict of Interest Code biennially to determine if it is accurate or, alternatively, that the code must be amended. Once the determination has been made, a notice must be submitted to the code-reviewing body no later than October 1 of even-numbered years.

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

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT to June 20, 2022
6 NOTICE TO PUBLIC

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

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

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

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

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

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

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

Past meetings are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov), or on Delta TV Comcast Channel 32, or Delta TV AT&T U-Verse Channel 99. For more information, please contact the City Clerk’s office at 252-4850. 7 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2022 Updated December 20, 2021

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

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

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS STAFF
American Rescue Plan Act (ARPA) Holland White / S. Scales-Preston / Juan Banales Alt. Ad Hoc As needed G. Evans CAC CDBG Subcommittee S. Scales-Preston & Jelani Killings / Holland White Alt. Standing As needed M. Aliotti City Council Policy and Procedures Review Juan Banales & Merl Craft Ad Hoc As needed G. Evans City Infrastructure and Transportation (2) S. Scales-Preston & Juan Banales / Holland White Alt. Standing As needed R. Abono Community Services Subcommittee Merl Craft & Shanelle Scales-Preston / Juan Banales Alt. Standing As needed M. Aliotti Constituent Management Services S. Scales-Preston & Juan Banales / Holland White Alt. Ad Hoc As needed G. Evans Economic Develop/Waterfront Subcommittee Jelani Killings & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Finance Subcommittee (1) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed P. Rodrigues Government Performance Subcommittee Holland White & Jelani Killings Ad Hoc As needed G. Evans Hills Committee Juan Banales & Jelani Killings / Merl Craft Alt. Ad Hoc As needed G. Evans Land Use Subcommittee (3) Juan Banales & Holland White / S. Scales-Preston Alt. Standing As needed J. Davis Pittsburg Arts & Community Foundation Merl Craft & S. Scales-Preston / Jelani Killings Alt. Standing As needed G. Evans Pittsburg Police Activities League (PAL) Holland White & S. Scales-Preston / Jelani Killings Alt. Standing Monthly B. Addington Pittsburg Recognition Committee Holland White / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Power Company Advisory Holland White & S. Scales-Preston / Juan Banales Alt. Standing As needed D. Buchanan Public Safety Subcommittee Holland White & Shanelle Scales-Preston Standing As needed B. Addington Sister City Committee Jelani Killings & Holland White / Merl Craft Alt. Standing As needed K. Simonton *Rotational Staff as assigned by City Manager
**Stipend of $170 per month
***Stipend of $100 per month
8 9
10 11

EXECUTIVE SUMMARY
The City of Pittsburg proposes to lease a waterfront parcel on Marina Boulevard to Global Resources Trading, LLC (Developer) for development of a commercial building that will house a hotel, restaurants, and banquet hall.

FISCAL IMPACT
Upon execution of the proposed ground lease, annual revenues to the Waterfront Fund (Fund 540) will be $34,000. This annual Minimum Ground Rent (MGR) will be subject to Consumer Price Index adjustments and will total a minimum of $1,666,000 over the 49-year lease term. On January 1, 2027, the City will also collect the total of 3% of business gross receipts and 1.5% of food and beverage gross receipts in addition to the previous 12- month’s MGR on an annual basis for the remainder of the 49-year term. The City would also benefit from other revenues generated by a hotel including Transient Occupancy Taxes.

RECOMMENDATION
City Council adopt the resolution approving a lease agreement between the City of Pittsburg and Developer for development of a waterfront hotel, restaurants, and banquet hall.

BACKGROUND
Developer is a premier wholesaler of seafood and meat-based products out of Hayward, which distributes to many local restaurants and grocers including Whole Foods. Prior to creating Global Resources Trading LLC, CEO Peter Nguyen successfully owned and operated his own commercial fishing vessel from 1985 to 1995.

The Developer proposes a ground lease for a 1-acre City-owned parcel on Marina Boulevard (as described in Exhibit A of the attached lease and referred to herein as the “Property”) for the development of a waterfront hotel that will include two restaurants, and 12 banquet hall. The Developer currently leases two modular buildings south of the Property at 31 and 27 Marina Boulevard from the City which it operates a successful bait shop, fish market, and café.

The Property is located on sovereign tidelands that have been granted to the City from the State of California under Senate Bill 551, Chapter 422, Statutes of 2011. Granted sovereign tidelands, also referred to as Trust Lands, are held in trust for the people of California. The City is required to operate its granted Trust Lands in conformance with the California Constitution, granting statutes, the Public Trust Doctrine, and the Trust Lands Use Plan adopted by the City on April 3, 2017 and the California State Lands Commission on June 22, 2017 in accordance with Senate Bill 551.

Case law interpreting the Public Trust Doctrine has found that Trust Lands can only be used for purposes beneficial to the State in its entirety (the statewide public), as does the City’s granting statute. These operational requirements have introduced hurdles for the use of the tidelands Property as it cannot be sold by the City, and any user other than the City must have an executed long-term Tidelands Lease for use of the parcel.

Lastly, the City’s Granted Tidelands may be considered Exempt Surplus Land as the 2019 amendment of the Surplus Land Act broadened the scope of public land made available for affordable housing but Section 54221(f)(1)(H) defines exempt surplus land to include surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.

SUBCOMMITTEE FINDINGS
The Economic Development and Waterfront Subcommittee supported a ground lease for the development of a waterfront hotel at the February 24, 2022 Subcommittee meeting.

STAFF ANALYSIS
The proposed use of the Property aligns with the City’s California State Lands Commission- approved Trust Lands Use Plan and General Plan goals of creating pedestrian-friendly connectivity between downtown and the Pittsburg Marina. It fits the existing Marine Commercial zoning designation, provides an additional destination point for the community, and has the potential to decrease blight experienced by the surrounding community as a result of the Properties’ historic vacancy.

Development of a hotel, restaurants, and banquet hall in this location compliments other ongoing City efforts to bring revitalization to the surrounding Severely Disadvantaged Community like the City’s US EPA-funded Brownfield program and the Sacramento-San Joaquin Delta Conservancy’s Proposition 68-funded upgrade project at Central Harbor Park and the Pittsburg Public Boat Launch Ramps. Additionally, as proposed, the 7-room themed Upscale hotel, two restaurants on the water with associated outdoor leasable space, and 10,000 square foot banquet room with a waterfront view are amenities, attractors, and job generators currently absent from Pittsburg’s waterfront offerings.

Finally, with a bait shop and café at 27 and 31 Marina Boulevard, the Developer has demonstrated since 2018 that retail and restaurants can thrive near the Property. The Developer also brings regional familiarity and a supportive client base to this business expansion effort.
13 ATTACHMENTS: Resolution
Commercial Tidelands Lease
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 14 Resolution No. 22- Page 1 of 2 June 6, 2022

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

Adoption of a City Council Resolution )
Approving a Lease Agreement between )
the City of Pittsburg and Global Resources ) RESOLUTION NO. 22- Trading, LLC )

WHEREAS, the City proposes to lease a waterfront parcel on Marina Boulevard, eastwardly adjacent to the Pittsburg Public Boat Launch Ramps (Property) to Global Resources Trading, LLC (Developer) for development of a boutique hotel that will house two restaurants and a banquet hall; and
WHEREAS, the Property is located within sovereign Tidelands that have been granted to the City of Pittsburg under Senate Bill 551, Chapter 422, Statutes of 2011; and WHEREAS, granted Tidelands can only be used for purposes beneficial to the State in its entirety (the statewide public), and users of the Property must execute a Tidelands Lease with the City of Pittsburg for use of the Property; and WHEREAS, on June 6, 2022, the City Council adopted a resolution declaring the City’s Granted Tidelands as Exempt Surplus Land; and
WHEREAS, development of the Property is in alignment with current revitalization efforts in the area and is anticipated to be a catalyst for additional commercial and recreational use of the waterfront; and
WHEREAS, the Developer’s proposal to construct a 7-room themed upscale boutique hotel, 10,000 square foot banquet hall and two restaurants satisfies the California State Lands Commission’s operational requirements, and aligns with the City’s Trust Lands Use Plan, General Plan, and Zoning Ordinance; and WHEREAS, the Developer currently leases two modular buildings near the Property at 31 and 27 Marina Boulevard from the City at which it operates a successful bait shop, fish market, and café; and
WHEREAS, on February 24, 2022, the Economic Development and Waterfront Subcommittee supported a ground lease for the development of a waterfront hotel; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the lease agreement between the City and the Developer and authorizes the City Manager to execute related documents in support of this resolution. 15 Resolution No. 22- Page 2 of 2 June 6, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
16 17
18 19
20 21
22 23
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 41
42 43
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 75
76 77
78 79
80 81
82 83
84 85
Combined Agency/City Council Minutes Page 1 of 4 May 16, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: May 16, 2022
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL.AGENCY MEMBERS
Holland Barrett White, Mayor/Chair
Shanelle Scales-Preston, Vice-Mayor/Chair
Juan Antonio Banales, Council/Agency Member
Jelani Killings, Council/Agency Member
Marilyn Craft, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)

PLANNING COMMISSION APPEAL
Mayor White called the meeting to order at 5:05 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA for a Planning Commission Appeal. Member Banales was not present for the Appeal:

1. Appeal of the Planning Commission’s Decision to Deny Design Review and Sign Exception Approval of Plans to Construct a Basketball Recreation Facility at 790 W.

Leland Road, for “Discovery Builders Dream Courts”, AP-20-1528 (DR, SE) The following spoke in favor of Discovery Builders Dream Courts:

Tom Lewis, Pittsburg
Marshall Collins, Pittsburg
Tyberius Campos-Reese, Pittsburg
Rolanda Hartfield, Pittsburg
The following spoke with a neutral position of Discovery Builders Dream Courts:

Bruce Ohlson, Pittsburg
On motion by Member Killings, seconded by Vice-Mayor Scales-Preston, to uphold the appeal, approve the Design Review and Sign Exception Approval of Plans to Construct a Basketball Recreation Facility, and was adopted by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
86 Combined Agency/City Council Minutes Page 2 of 4 May 16, 2022 Member Banales joined the City Council and they convened in Closed Session at 5:50 P.M. for the following items:

2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6:

City designated representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel Employee organizations: American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit and Miscellaneous A Unit; Pittsburg Police Officers’ Association; Pittsburg Police Managers Group; Teamsters Local 856; International Brotherhood of Electrical Workers Local 1295 Unrepresented employees: Management Group; Senior Executive Team

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION pursuant to Section 54956.9(d)(1)
Save Mount Diablo v. City of Pittsburg et al., Contra Costa County Superior Court case no. CIVMSN21-0462

4. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:

Property: Vacant Granted Tidelands lot directly southwest of the public boat launch ramps on Marina Boulevard (north of the vacant parcel currently housing modular buildings with addresses 27 and 31 Marina Boulevard); Negotiator for the City of Pittsburg: Garrett Evans and Sara Bellafronte; Negotiating Party: Global Resources Trading, LLC; Under Negotiations: Both price and terms of payment

5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Section 54956.9(d)(2) Number of cases: one
Item number 4, Conference with Real Property Negotiators, was continued. There was no reportable action taken in Closed Session.

ROLL CALL
All members were present.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

CITY MANAGER REPORTS/REMARKS
City Manager Evans reported on upcoming City events.
87 Combined Agency/City Council Minutes Page 3 of 4 May 16, 2022

PUBLIC COMMENTS
There were no public comments.

COMMITTEE REPORTS
Member Killings attended the Economic Development and Waterfront Subcommittee.

Member Craft attended the Pittsburg Arts and Community Foundation Subcommittee.

Vice-Mayor Scales-Preston attended the Los Medanos Health Advisory Committee, Community Services Subcommittee, and the Public Safety subcommittee.

CONSIDERATION

8. Adoption of a City Council Resolution Approving a Reimbursement Agreement by and Between the City of Pittsburg and Albert D. Seeno Construction Company, Inc., and Adopting an Economic Development Subsidy Report
Bruce Ohlson, Pittsburg, requested crosswalks be placed on all four quadrants of the intersection at the project site as well as at all intersections within the city.

On Motion by Member Craft, seconded by Member Banales to adopt and carried unanimously.

9. Adoption of a City of Pittsburg Resolution Adopting Guidelines for the Submission and Tabulation of Protests in Connection with Rate Hearings Conducted Pursuant to Article XIIID, Section 6, Subdivision (a) of the California Constitution On Motion by Member Banales, seconded by Member Craft to adopt and carried unanimously.

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

COMBINED CITY COUNCIL, PITTSBURG HOUSING AUTHORITY, PITTSBURG ARTS AND

COMMUNITY FOUNDATION, PITTSBURG POWER COMPANY AND SOUTHWEST

PITTSBURG GHAD II AND SUCCESSOR AGENCY CONSENT CALENDAR On Motion by Vice-Mayor Scales-Preston, seconded by Member Craft to adopt and carried unanimously.

10. Minutes of May 2, 2022

11. Receive and File the Treasurer’s Report for the Quarter Ending March 31, 2022

12. Adoption of a City Council Resolution Accepting the Plans and Specifications, 88 Combined Agency/City Council Minutes Page 4 of 4 May 16, 2022 Allocating Funds and Awarding Project 3117, Patch Paving, Sealing and Striping Project

13. Adoption of a City Council Resolution to Accept Project 5204, 2013 Citywide Water and Sewer Rehabilitation Project as Complete and Authorize the City Engineer to File a Notice of Completion

14. Adopt a Resolution Accepting Project 5208, the Montezuma Slough Pump Station Reconstruction as Complete and Direct the City Engineer to File a Notice of Completion

15. Pittsburg Power Company Resolution Authorizing the Executive Director to Execute Consulting Services Agreement for “On-Call” Utility Electrical Engineering Services

16. Adoption of an Ordinance for Municipal Code to Prohibit Spectators at Illegal Speed Contests, Exhibitions of Speed, or Sideshows

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

COUNCIL MEMBER REMARKS
Member Craft commented on the Senior Health and Resources Fair at the Pittsburg Senior Center and the Darrell Daniels Community Day event. Finally, Member Craft noted a Celebration of Life in honor of Annette Landry, former City of Pittsburg Housing Director, will be held on May 21, 2022.

Vice-Mayor Scales-Preston commented the Family Fun Fridays and the Senior Health and Resources Fair, Darrell Daniels event and the Veterans Square Grand Opening she attended with Member Craft.

Member Killings remarked on the work of Innovation Bridge with the My Brothers Keeper Summit held at Los Medanos College. Member Killings thanked the Police Department and all coaches involved in the softball game at the Darrell Daniels.

Mayor White commented on the Veterans Square Grand Opening and recognized Janis Glover for her efforts during her time with the Pittsburg Art and Community Foundation, as well as community partners and city staff who made the project possible.

He attended the My Brothers Keeper Summit. In closing, Mayor White stated he intends on not seeking re-election. He thanked everyone who has been helpful and motivated behind progress.

ADJOURNMENT
The City Council adjourned at 8:10 P.M. to June 6, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
89 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: By Minute Order, Approve City Council Recesses for Summer Months MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Historically, the City Council takes recesses during the summer months to allow for both staff and City Council vacations. Both the recess and the scheduled dates are at the discretion of the City Council.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
By Minute Order, approve recess of the City Council on the July 4, 2022 and September 5, 2022 meetings.

BACKGROUND
The City Council historically takes recesses throughout the year to allow for both staff and City Council vacations.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The City Council typically recesses the meeting during the first week of July and the first meeting of September. The first Monday in July falls during the week of the Independence Day holiday. The first Monday in September falls during the week of Labor Day. To avoid any potential lack of quorum for these meetings, it is preferred to cancel the meetings of July 4 and September 5. These recesses would allow for vacation accommodations for both staff and City Council.

Report Prepared By: Amanda McVey, Assistant City Clerk
90 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Making Findings in Support of Continuing to Hold Public Subcommittee Meetings by Teleconference Pursuant to California Government Code Section 54953(e) MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Assembly Bill 361 (AB 361) amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions. Findings must be made every 30 days.

FISCAL IMPACT
There is no fiscal impact to the General Fund by this action.

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

BACKGROUND
Beginning in March 2020, Governor Newsom issued a series of Executive Orders aimed at containing the novel coronavirus. Among these were Executive Orders—N-25-20 and N-29- 20 (collectively, the “Brown Act Orders”) — that waived requirements in the Brown Act expressly or impliedly requiring the physical presence of legislative body members, staff, or the public at local agency meetings.

On June 11, 2021, the Governor issued Executive Order N-08-21, to begin winding down some of the prior measures that were adopted to respond to COVID-19. Notably, N-08-21 established an end date to the Brown Act Orders, effective September 30, 2021. 91 On September 16, Governor Newsom signed Assembly Bill 361 which amended the Brown Act to allow local legislative bodies to continue to meet remotely during proclaimed states of emergency under specified conditions and so long as certain findings are made by a majority of the legislative body. As detailed in the attached resolution, findings were made on May 2, 2022, and are effective for 30 days.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.

STAFF ANALYSIS
Local legislative bodies such as a city council that wish to continue meeting by teleconference must comply with the requirements of California Government Code Section 54953, which was amended by AB 361.

Specifically, newly amended Government Code Section 54953 requires the following procedures:
 Give notice and post agendas as otherwise required by the Brown Act;  List on the agenda how the public can electronically attend and comment at the meeting. Note that a public agency is not required to offer an in-person option for the public to attend and comment at such a meeting;
 Provide an opportunity to comment in advance of and during the meeting;  Allow a reasonable amount of time to register, if required, and comment on each agenda item or at least the amount of time allowed per agency meeting protocols, whichever is longer;
 No action may be taken during a disruption that inhibits the broadcast of the meeting or the public’s ability to comment;
 All votes must be via rollcall;
 Comply with state and federal civil rights and non-discrimination laws; and  Take all precautions to protect the statutory and constitutional rights of the public.

While it only applies in situations where the Governor has proclaimed a state of emergency, and not, for instance, when only a local health officer has declared an emergency, AB 361 provides an explicit avenue for local public agencies to meet remotely in the case of a public health, or other, emergency that inhibits the opportunity to meet in person. AB 361 provides the flexibility to meet by teleconference through December 31, 2023, unless extended.

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

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

ATTACHMENTS: Resolution
Report Prepared By: Garrett Evans, City Manager
92 Resolution No. 22- Page 1 of 3 June 6, 2022

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

Making Findings in Support of Continuing to )
Hold Public Subcommittee Meetings By ) RESOLUTION NO. 22- Teleconference Pursuant to California )
Government Code Section 54953(e) )
WHEREAS, on March 4, 2020, the Governor of the State of California proclaimed a state of emergency due to COVID-19; and
WHEREAS, on March 10, 2020, the Contra Costa County Board of Supervisors issued an emergency proclamation to respond to COVID-19; and WHEREAS, on March 16, 2020, the City Council proclaimed the existence of a local emergency in response to COVID-19; and
WHEREAS, on March 12, 2020, the Governor issued Executive Order N-25-20, which suspended specified requirements under the Brown Act with regard to teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended measures to promote social distancing; and WHEREAS, on March 17, 2020, the Governor issued Executive Order N-29-20, which modified and replaced the Brown Act language of Executive Order N-25-20, continuing to suspend specified requirements under the Brown Act for teleconferenced meetings of legislative bodies during the period in which state or local public health officials have imposed or recommended social distancing measures; and
WHEREAS on June 11, 2021, the Governor issued Executive Order N-08-21, which modified and replaced the Brown Act language of Executive Order N-29-20 and set forth an end date of September 30, 2021; and
WHEREAS, in September 2021 the State Legislature passed Assembly Bill 361, which was signed into law by the Governor on September 19, 2021; and WHEREAS, AB 361 amended the Brown Act at Government Code Section 54953 to allow, until January 1, 2024, a legislative body to use teleconferencing without adhering to specified requirements so long as, among other circumstances, the meeting is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, and so long as the legislative body reconsiders the circumstances every 30 days; and
WHEREAS, on September 20, 2021, the Contra Costa County Health Officer issued recommendations for public meetings, which recommendations include social distancing; and
93 Resolution No. 22- Page 2 of 3 June 6, 2022
WHEREAS, on October 4, 2021, and November 1, 2021, the City Council adopted a resolution authorizing teleconferenced meetings for the City Council, commissions, and subcommittees; and
WHEREAS, following an improvement in the incidence of COVID cases, the City Council adopted Resolutions on November 29, 2021, December 20, 2021, January 18, 2022, February 7, 2022, and March 7, 2022 to authorize meetings with public participation by teleconference and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, following further improvement in the incidence of COVID cases, the City Council adopted Resolutions on April 4, 2022, and May 2, 2022 to authorize in-person public participation and in-person attendance by members of the City Council and commissions, and otherwise fully teleconferenced meetings for subcommittees; and WHEREAS, with the emergence of the Omicron variant, which may spread more easily than other variants, and in the wake of holiday gatherings of persons, the incidence of COVID increased markedly and then decreased but continues to be transmitted in the community.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby makes the following findings:

1. The circumstances of the state of emergency have been reconsidered. The state of emergency declared by the Governor has not been terminated. The state of emergency declared by the County Board of Supervisors has not been terminated. The state of emergency declared by the City Council has not been terminated.

2. State or local officials continue to impose or recommend measures to promote social distancing. The County Health Official on September 21, 2021, and on March 1, 2022, issued a recommendation for social distancing, among other recommendations, during public meetings.

BE IT FURTHER RESOLVED that the City Council hereby approves meetings of subcommittees to be held by teleconference in compliance with California Government Code Section 54953(e). As there are numerous subcommittees, some which are comprised of members of more than one legislative body, and meet frequently, for the protection of the health of attendees all subcommittee meetings are to be held by teleconference. 94 Resolution No. 22- Page 3 of 3 June 6, 2022
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
95 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Approve the Preliminary Engineer’s Report, Declare the City Council’s Intent to Levy and Collect Assessments in Landscaping and Lighting Assessment District 1988-01 for Fiscal Year 2022-23, and Set a Date to Conduct a Public Hearing MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Pursuant to state statutes governing the renewal of assessment districts, the City Council is being asked to adopt the resolution approving the preliminary Engineer’s Report for Citywide Landscaping and Lighting Maintenance Assessment District 1988-01 (District 88- 01) Fiscal Year 2022-23, and to set July 18, 2022, as the date for a public hearing for this matter.

FISCAL IMPACT
The Public Works Department estimates that the City will expend $5,618,571 during Fiscal Year 2022-23 to manage the District. Without the assessment, the General Fund would be responsible for the entire amount.

The District will have a beginning fund balance of $414,987, receive $105,000 in Measure C contributions, $2,600 in other interest revenue, a transfer-in of $166,210 for assessments on City-owned and subsidized properties, collect $3,136,994 in assessments, and $2,633,776 in General Fund contributions ($50,584 for general benefit cost and $2,583,192 for gap funding). The total revenue for Fiscal Year 2022-23 will be $6,459,567.

RECOMMENDATION
City Council adopt a resolution approving the preliminary Engineer's Report, declare the City Council's intent to levy assessments in Landscaping and Lighting District 88-01 for Fiscal Year 2022-23, and set the public hearing date for this matter as July 18, 2022. 96 BACKGROUND
On June 6, 1988, the City Council confirmed the Engineer’s Report, ordered improvements, and levied the first annual assessment for District 88-01, Citywide. Since then, the funds collected annually by this district go to support the City’s landscaping and lighting operations.

Services provided by District 88-01 include:
• Park Maintenance, Including Park Related Structures (restrooms, park facilities) • Street Median and Rights-of-Way Landscaping Maintenance • Street Tree Maintenance
• Sidewalk Repair Related to Street Tree Damage Only
• Street Light Energy, Maintenance, and Replacement Costs On May 2, 2022, the City Council approved Resolution 22-14086, directing the Engineer of Work, Richard Abono, to file an annual Engineer’s Report for Fiscal Year 2022-23 in accordance with the Landscaping and Lighting Act of 1972. That report has been prepared and is on file in the Office of the City Clerk.

SUBCOMMITTEE FINDINGS
This item was not brought before a subcommittee.

STAFF ANALYSIS
Landscaping and Lighting Assessment District 1988-01 Citywide has been in existence for 35 years, and the funds collected are necessary to maintain its current level of street lighting and landscaping throughout the City.

The assessment amounts collected are limited by the formation documents. The assessment amount for a residential land use, City category codes 01, 21, 22, 23, 24, 25 and 29, is $102.18 per benefit factor. All other parcels including commercial, institutional, industrial, churches, and non-profits pay an assessment amount of $77.18 per benefit factor. There is no Consumer Price Index (CPI) adjustment factor for District 88-01.

The Public Works Department has implemented maintenance level reductions in the past by eliminating feature planting bed areas and using recycled water and a Central Irrigation Control System. Public Works has also reduced maintenance costs by reducing part-time labor, eliminating street name sign lighting at major intersections, and by using LEDs for City streetlights to reduce PG&E costs. These strategies have been effective in reducing costs and preventing large increases in the General Fund subsidy. Without District 88-01, the General Fund would be responsible for the entire expense amount.

State statutes mandate the annual renewal procedures for District 88-01. This is the second step of that process wherein the City Council is asked to consider and approve the Engineer’s Report and to set a public hearing for this matter on July 18, 2022.

ATTACHMENTS: Resolution
Preliminary Engineer’s Report
Assessment District Map
Report Prepared By: Sharon Paz, Administrative Specialist 97 Resolution No. 22- Page 1 of 1 June 6, 2022

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

Approving the Preliminary Engineer's Report, )
Declaring the City Council's Intent to Levy and ) Collect Assessments in Landscaping and ) RESOLUTION NO. 22- Lighting Assessment District 1988-01 for Fiscal )
Year 2022-23, and Setting a Date to Conduct a )
Public Hearing__ )
WHEREAS, on May 2, 2022, the City Council approved Resolution 22-14086 directing the Engineer of Work, Richard Abono, to file an annual Engineer’s Report for Fiscal Year 2022-23 for Citywide Landscaping and Lighting Assessment District 1988-01; and
WHEREAS, the assessment pays for maintenance and improvements to street lights, street trees, concrete replacement due damage caused by street trees, landscaping of facilities, rights-of-way, medians; and
WHEREAS, on June 1, 2022, the Engineer of Work has filed with the City Clerk the preliminary report required by the Landscaping and Lighting Act of 1972; and WHEREAS, all interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the district.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the preliminary Engineer’s Report filed with the City Clerk, intends to levy and collect assessments within Citywide Assessment District 1988-01 during Fiscal Year 2022-23, and sets the date of July 18, 2022, to conduct a public hearing on the matter of the levy of the proposed annual assessments during its regularly scheduled meeting pursuant to Section 22553 of the Streets and Highways Code.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
98 City of Pittsburg
Contra Costa County, California

ENGINEER'S REPORT

CITY OF PITTSBURG
LANDSCAPING and LIGHTING
ASSESSMENT DISTRICT 1988-01
FISCAL YEAR 2022-23
Prepared By:

Richard Abono
City Engineer
City of Pittsburg, California
June 6, 2022
Citywide Landscaping and Lighting Assessment District 1988-01 99 TABLE OF CONTENTS
I. Certificates 1
II. Introduction 2
III. Engineer’s Report 2
A. Description of Improvements 3
Table 1: Parks and Facilities 4
Table 2: Medians 5
Table 3: Rights-of-Way 6
Table 4: Feature Planting Areas 7
B. Estimate of Costs 8
Estimate of Revenue and Costs 8
Table 5: Total Assessment by Land Use Categories 9
C. Method of Apportionment of Assessment 10
Calculation of Assessments & Assessment of New Parcels 10 Table 6: City Land Use Categories 11
Table 7: Contra Costa County Land Use Codes 12
General Benefit 13
Residential Benefit 14
Commercial and Industrial Benefit 14
Mathematical Benefit Calculation 14
Assessment Calculation 14
Actual Assessment Per Benefit Factor 15
Calculation of Multi Family and Residential Benefit Factors 16 Calculation of Commercial Assessments 22
Calculation of Industrial Assessments 23
D. Assessment District Diagram 25
E. Property Owner List and Assessment Roll 25
100
1 CITY OF PITTSBURG

CITYWIDE LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT 1988-01
FISCAL YEAR 2022-23
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City of Pittsburg.

Dated: ________________________ By: _____________________________ Richard D. Abono, PE
RCE No. C65440
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with me on the __________day of ______________, 2022.

Alice E. Evenson, City Clerk
City of Pittsburg
By________________________________ Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Pittsburg, Contra Costa County, on the ___________ day of _____________, 2022.

Alice E. Evenson, City Clerk
City of Pittsburg
By________________________________ Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was filed with the County Auditor of the County of Contra Costa, on the ___________ day of ___________, 2022.

By: ________________________________
Richard D. Abono, PE
RCE No. C65440

101
2 Il. Introduction
In June 1988, the City Council confirmed the Engineer's Report, ordered improvements, and levied the first annual assessment for Landscaping and Lighting District 1988-01.

The assessment was originally set at $69.24 per benefit factor, increased to $77.18 per benefit factor in Fiscal Year (FY) 1990-01 and was affirmed by voters in the 1996 General Election.

This report is for Fiscal Year 2022-23, the thirty-fifth fiscal year of the District's operation. For each parcel of land in the District, the report recommends assessments, which, when combined with a contribution from the general fund, are sufficient to fund the projected FY 2022-23 budget for operation, maintenance, servicing, replacement, and installation of District improvements.

The Citywide Landscaping and Lighting Assessment District 1988-01 includes all the incorporated City of Pittsburg, except Oak Hills Landscaping and Lighting Assessment District 1988-02, located along West Leland Road and Bailey Road. The assessment diagram depicting the boundaries of District 1988-01 is on file in the Office of the City Clerk of the City of Pittsburg and is incorporated herein.

For FY 2007-08 and all years thereafter, the City increased the assessment for residential land use, (City category codes 01, 21, 22, 23, 24, 25 and 29), for a total assessment of $102.18 per benefit factor. All other parcels including commercial, institutional, industrial, churches, and non-profit will continue to pay the current assessment of $77.18 per benefit factor. In accordance with Proposition 218, the City conducted a mailed ballot election for the assessment increase.

Ill. Engineer’s Report
This Preliminary Engineer's Report for the Pittsburg Landscaping and Lighting Assessment District 1988-01 is submitted, pursuant to Resolution 22-14086 of the Pittsburg City Council and under the provisions of the Landscaping and Lighting Act of 1972, Section 22500 through 22679 of the California Streets and Highways Code.

I, Richard D. Abono, the duly appointed Engineer of Work, Assessment Engineer for the Citywide Landscaping and Lighting District 1988-01, submit the following Report consisting of three sections and including the following five parts:

Part A: Description of Improvements—This part describes the improvements in the district. For a more detailed description, refer to the listing of improvements incorporated within this report.

Part B: Estimate of Revenue and Cost—This section contains estimated maintenance costs of the district’s assets supported by the proposed FY 2022-2023 assessment revenue. The FY 2022-2023 cost and revenue estimates are on file in the City of Pittsburg City Clerk’s office and are incorporated herein. 102
3 Part C: Method of Apportionment of Assessment—This section describes the assessment apportionment within the district, based upon parcel classification in proportion to the estimated special benefit received by each parcel.

Part D: Assessment District Diagram—This part incorporates a Diagram of the District showing the exterior boundaries of the District and the boundaries of Landscaping and Lighting District 1988-02, which is also located within the 1988-01 District boundaries. The lines and dimensions of each lot or parcel within the Assessment District are those lines and dimensions shown on the maps of the Assessor of the County of Contra Costa for the fiscal year when this Report was prepared.

Part E: Property Owner List and Assessment Roll—This part contains a list of the Assessor Parcel numbers of Contra Costa County, and the net amount to be assessed upon the benefited lands within the District for FY 2021-22. The Assessment Roll is filed in the Office of the Pittsburg City Clerk and incorporated in this Report by reference.

The list is keyed to the records of the Contra Costa Assessor Parcel Map Numbers.

A. Description of Improvements
The Pittsburg Landscaping and Lighting Assessment District 1988-01 provides for the levy and collection of assessments to pay for maintenance of parks, street trees, and the landscaping along public rights-of-way, in street median islands and around public buildings, in neighborhood and community parks, as well as sidewalk repair related to street tree damage, and maintenance and utility bills. Other incidental costs included in District operations are the cost of preparation of the report, cost payable to the County for collection of assessments, cost for compensation of any engineer or attorney employed to render services, and any cost associated with any elections held for the approval of a new or increased assessment.

Streetlights—The street lighting system includes all streetlights within the public right- of-way, easements, and public parks. There are a total of 4,283 streetlights of which 1,973 are City owned and 2,232 are PG & E owned within the 1988-01 Citywide Landscaping and Lighting District.

Street Trees—Maintenance of all street trees located within the public rights-of-way or a street tree maintenance easement.

Concrete—Repair or replacement of sidewalk damaged by street trees and/or sidewalks adjacent to City-owned properties.

Landscaping—Maintenance and servicing of public parks and facilities, medians, rights-of-way, and feature planting areas located within the district and described in Tables 1, 2, 3, and 4 of this Report. Improvements include but are not limited to trimming, pruning, weeding, fertilizing, irrigation, trash removal, sprinkler repair, plant replacement, and other necessary maintenance programs.
103
4 Table 1—Parks & Facilities
8th Street Linear Park
Harbor St to Herb White Way
Highlands Ranch Park
Rangewood Dr
Americana Park
110 Salinas Ct
Hillsdale Park
2240 Daffodil Dr
Buchanan Park
4150 Harbor St
John Buckley Square
Railroad Ave / 5th St / 6th St / Black Diamond St
California Seasons Park
1951 Seasons Way
Marina Center
340 Marina Blvd
Central Park/POSCO
East of Columbia St at Central Ave
Marina Walk Park
200 W 7th St
City Hall
65 Civic Ave
Mariner Walk Park
Herb White Way
City Park
Civic Ave at Railroad Ave
Oak Hills Park
Southwood Dr and Woodhill Dr
Central Harbor
Pittsburg Marina
Pittsburg Senior Center
300 Presidio Ln
Columbia Street Linear Park
Pittsburg-Antioch Highway to Central Ave
Riverview Park
2 River Park Dr
Community Youth Center
60 Civic Ave
Santa Fe Linear Park
Columbia St to Harbor St
De Anza Park
East Trident Dr
Small World Park
2551 Harbor St
East Bay MUD Trail
Railroad Ave to East City Limits
Stoneman Park North
790 West Leland Rd
Environmental Center
2581 Harbor St
Stoneman Park South (undeveloped)
2255 John Henry Johnson Pkwy
Harbor Street Trailhead
Harbor St at EBMUD Right-of-Way
Stoneman Trailhead
John Henry Johnson Pkwy
Heritage Plaza
120 East 4th St
Village at New York Landing
240 Pebble Beach Loop
Highlands Park
4215 St. Paul Cir
Woodland Hills Park
315 Alta Vista Cir

104
5 Table 2—Medians
E 3rd St
Marina Blvd to East St
Marina Blvd
Bayside Dr to E 3rd St
W 10th St
Railroad Ave to Beacon St
McFaul Dr
At Buchanan Rd
Bailey Rd
West Leland Rd to Highway 4
Meadowbrook Ave
Stoneman Ave to Fallenleaf Way
Buchanan Rd
Railroad Ave to Crestview Dr
Meadows Ave
South of Buchanan Rd
Civic Ave
Davi St to Railroad Ave
Power Ave
Andrew Ave to W Catamaran Cir
Campbell Drive
At Buchanan Rd
Railroad Ave
E 5th St to South City Limits
Capitola Pl
Capitola Pl to Cumberland St
Railroad Avenue
At Buchanan Rd
Century Blvd
E Leland Rd to Somersville Rd
Range Rd
Willow Pass Rd to Southerly Terminus
Gladstone Dr
Loveridge Rd to Arlington Cir
San Marco Blvd
Highway 4 to South Terminus
Harbor St
E 3rd St to Stoneman Ave
Santa Ana Dr
At Buchanan Rd
Inverness Drive
At Buchanan Rd
Santa Teresa Dr
San Marco Blvd to W Leland Rd
E Leland Rd
Railroad Ave to Century Blvd
Suzanne Dr
At Buchanan Rd
W Leland Rd Extension
Southwood Dr to San Marco Blvd
Ventura Dr
At Buchanan Rd
W Leland Rd
San Marco Blvd to Santa Teresa Dr
Ventura Dr
South of Buchanan Rd
Loveridge Rd
Buchanan Rd to Highway 4
McDermott Ave
At Buchanan Rd
Loveridge Rd
North of State Highway 4
105
6 Table 3—Rights-of-Way
E 3rd St—Marina Blvd parking lot W Leland Rd—Burton Ave to San Marco Blvd E 3rd St—Marina Blvd to East St tree wells W Leland Rd—San Marco Blvd to Santa Teresa Dr

E 6th St—Railroad Ave parking lot Loveridge Rd—Stoneman Ave to Ventura Dr E 8th St—Harbor St to Cumberland St Marina Blvd—E 5 th St (Lapori Building parking lot) W 8th St—Mitigation Project at Herb White Way Marina Blvd (south)—Bayside Dr to West St Alves Ranch Rd—South of W Leland Rd N Parkside Dr—Cannery Ave Bayside Dr (west side)—Marina Blvd to River Park
Dr
PG&E Berm (west)—Perimeter of Bayside Knolls
Buchanan Rd (north)—Harbor St to Ventura Dr Pittsburg-Antioch Hwy—Mitigation Project at Kirker Creek
Buchanan Rd (south)—Quercas Ln to east City
limits
Polaris Dr—E Catamaran Cir to Trident Dr
California Ave—East of Loveridge Rd Power Ave (north)—River Run Subdivision Capitola Pl—Capitola Dr to Cumberland St Range Rd—Northerly Terminus to W Leland Rd E Catamaran Cir (east) Railroad Ave (west)—Frontage Rd to Alvarado Ave
Central Harbor Pkwy—Launch ramp and parking
lot
Railroad Ave—California Ave to E 10th St
Central Waterfront Basin III Railroad Ave—NE corner of E 17 th St Cumberland St—E 3 rd St to E 8th St Railroad Ave (east)—California Ave to Victory Ave Fawn Glen Ct Railroad Ave & Buchanan Rd—NW corner
Freshwater Ct Range Rd—Willow Pass Rd to Southerly Terminus Frontage Rd—Burton Ave to Dover Way San Marco Blvd—South of Highway 4 George Lowy Marina Santa Teresa—San Marco Blvd to W Leland Ave Harbor St—E Santa Fe Ave to E 3rd St Stoneman Ave—Harbor St Historical District (Railroad Ave)—E 8 th St to E 3rd
St
Ventura Drive—Buchanan Rd
Harbor St (east)—Between School St and Army St Willow Ave—Bailey Rd E Leland Rd (north)—Freed Cir Willow Pass Rd—Dory Rd to West City limits E Leland Rd (south)—Leland Ct and Stoneridge Dr Oakpoint Dr Quiet Path Pl
106
7 Table 4—Feature Planting Bed Areas
Buchanan Park Entrance Sign & Planter
Harbor St
Muniz Plaza
West Side Railroad Ave at E 3rd St and E 4th St
City Hall Planter Beds
65 Civic Ave
Oak Hills South Entry Monument
Woodhill Dr
City Park Entrance Sign
Railroad Ave
Oak Hills Unit 5
Oakpoint Dr
City Park Memorial
Railroad Ave
Pelican Loop Entry
At Marina Blvd
Fisherman Monument
E 3rd St at Railroad Ave
Plaza Fountain
E 5th St at Black Diamond St
Fishing Boat Monument
Marina Blvd at E 3rd St
Railroad Ave
At Alvarado Ave
Harbor St
At Presidio Ln
Railroad Ave
At 17th St
Harbor St Trailhead Railroad Ave at E 5th St
Steel Worker Statue
E Leland Rd
At Easternly City Limit
Raised Planter Beds
Railroad Ave at E 3rd St
Leland Rd and Railroad Ave
All Corners
San Marco Blvd
South of Highway 4
Marina Blvd
At E 4th St
Small World Park Entry Sign
Harbor St
Marina Center
340 Marina Blvd
Small World Park Feature Areas
Pond, Railroad Track, Circular Beds
Marina District Sign
E 8th St and Railroad Ave
Veterans & Stoneman Memorial
Small World Park on Harbor St
Meadows Ave
South of Buchanan Rd
107
8 B. Estimate of Cost
Projected Revenue and Expense FY 2021-22
Fund Balance, July 1, 2021 $565,337
Projected Revenue FY 2021-22
Assessment Posted to Roll $3,074,649 Projected Measure C (Concrete Repair) $105,000 Reimbursements $ 3,639
Other Revenue (Investment Earnings LAIF & Other) $2,692 Projected General Fund Contribution $1,633,776 Projected-In from G/F-L&L Assessment $166,210
Less Projected Expense July 2021-June 2022 ($5,013,083) Projected Fund Balance, July 1, 2022 $414,987

Estimate of Cost FY 2022-23
Street Light Operation & Maintenance
Energy $365,000
Reserve for New Lights $ 0 Rate Increases $ 0
Repair & Equipment Maintenance $714,553 Total Street Light Operation & Maintenance $1,079,553 Street Trees & Concrete Repair
Maintenance & Replacement of
Trees & Equipment $555,562 Concrete Repair $132,683
Total Street Trees & Concrete Repair $688,245 Landscaping Operation & Maintenance
Maintenance, Repair, Materials, $2,582,267 Supplies, Water Contracts, Etc.
for Parks and Facilities
Maintenance, Repair, Materials, $860,755 Supplies, Water Contracts, Etc.
for Medians & Rights-of-Way
Contingency for Maintenance, $247,129 Repair & Replacement of
Vehicles and Equipment
Total Landscaping Operation & Maintenance $3,690,151 Administration $160,622 Total Costs $5,618,571
Less Beginning Fund Balance, July 1, 2022 ($414,987) Less Measure C Funds (Concrete Repair) ($105,000) Less General Fund Contributions for Gap Funding ($2,583,192) Less General Benefit (from General Fund) ($50,584)
Less Other Revenue (Investment Earnings LAIF & Other) ($2,600) Less Transfer-In from G/F City-Owned/Subsidized L&L Assessment (166,210) NET COST AND TOTAL AMOUNT TO BE ASSESSED (1) $3,136,994 (1) This includes the General Fund subsidy for City assessments $80,445, Public School Parcels $74,794, State Board of Equalization/Post Office Properties $5,983, and Housing Authority assessments $4,986. 108
9 Table 5—Total Assessments by Land Use Category
Category
Code
Land Use Category
(From Table 1)
Parcel
Count
Benefit
Factors Assessment

01 Single Family Residential 16,797 16,797 1,716,317.46 21 2 Units, Residential 302 449.38 $45,916.08
22 3 Units, Residential 18 40.01 $4,088.88
23 4 Units, Residential 68 200.74 $20,511.52
24 Combo With More Than 1 Residence 17 39.95 $4,082.00
25 Multi-Family, 5 or More Residences 50 2,743.85 $280,367.34 29 Condos, Co-ops, Clusters 396 297.00 $30,349.44
Total Residential 17,648 20,567.93 $2,101,632.72

25/60 Multi-Family/Commercial 4 294.4301 $30,084.90
Total Mixed Use 4 294.43 $30,084.90

39 Vacant Commercial & Institutional 71 666.02 $51,403.62 50 Developed Industrial 196 4,967.38 $383,383.34
59 Vacant Industrial 70 977.45 $75,440.16
60 Developed Commercial & Institutional 354 5,838.54 $450,620.36 71 Churches 52 208.00 $16,053.44
85 Parking Lots 49 335.66 $25,906.50
90 Non-Profit Organizations 8 32.00 $2,469.76

Total Commercial, Institutional, Industrial,
Churches, Parking Lots and Non-Profit 800 13,025.05 $1,005,277.18 Totals 18,452 33,887.41 $3,136,994.80
109
10 C. Method of Apportionment of Assessment
Calculation of Assessment and Assessment of New Parcels The City Engineer has developed and proposed an equitable method for distributing the costs of maintaining the City lighting, landscaping, and parks. That method:
 Determines the relative benefit received by each parcel based on type and intensity of land use;
 Derives a numerical expression to determine the special benefit (benefit factor);  Determines the costs for maintenance of the District improvements;  Derives an actual cost per unit of benefit (unit cost) by dividing the total estimated costs based on actual maintenance costs to cover all District cost by the total benefit factors; and
 Derives an applied assessment for each parcel based on an assessment per benefit factor of $102.18 for residential parcels and $77.18 for commercial, institutional, churches, parking lots, and non-profit parcels.  Analyzes the actual costs per unit benefit for each parcel and the applied assessment for each parcel and calculates a City General Fund subsidy for all uses between actual District costs and applied assessment.

The assessment method asserts that: 1) all assessable parcels in the District benefit from the improvements because they are similarly distributed throughout the District; 2) the benefit for each property varies according to the use of the property and the intensity of that use, and for a given intensity of use, similar land uses will derive similar benefits; 3) the subsidy currently provided by the City is based on the actual maintenance cost to the District; 4) the subsidy currently provided to both residential and non-residential property is consistent with the goals of the community and City Council by offering a larger subsidy to commercial and industrial uses to increase economic development and generate and/or maintain jobs in the City; 5) the general benefit for the public at large is far less than the amount the City is currently contributing.

Newly developed areas within Citywide Landscaping and Lighting District 1988-01 will be assessed if a final map has been recorded and the parcel has been created by the date established by the County Assessor’s Office for inclusion on the Assessment Roll.

Vacant residential parcels are currently not assessed. Therefore, an assessment will be levied once a structure is declared final by the Engineering Department, Building Division.

The establishment of the LLAD and its assessment methodology occurred prior to passage of Proposition 218. The provisions of Proposition 218 require that all parcels, including those that are owned by any agency (local, state or federal), that benefit from the improvements within the District cannot be exempt from assessments “unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Proposition 218 also requires that all existing, new, or increased assessments shall comply with the provisions of Proposition 218. Therefore, after the passage of Prop. 218, the City began imposing assessments on public property to ensure conformance with state law. The City has however, committed to subsidize 100% of the assessments to be levied on public school parcels 110
11 in the City of Pittsburg. The subsidy for the public-school parcel assessment is $74,794.

In addition, the General Fund will also pay the City assessments, which total $80,445, and Housing Authority assessments totaling $4,986. The public parcel list included in the Lighting and Landscaping District 88-01 includes but is not limited to the following agencies: City of Pittsburg, Contra Costa County, EBMUD, Contra Costa County Fire Protection District, BART, and the State of California.

Table 6—Land Use Categories
Category
Code*
Land Use Category Description
00 Non-assessable Parcels Including: Undeveloped Residential Parcels, Non- buildable Parcels, District Open space, Parks, Playgrounds, etc. 01 Single Family Residential
21 Two Units, Residential
22 Three Units, Residential
23 Four Units, Residential
24 Combinations With More Than One Residence
25 Multi-Family Residential, Five or More Units
29 Condo, Co-Op, Cluster, P.U.D. Attached
39 Vacant Commercial and Institutional
50 Developed Industrial
59 Vacant Industrial
60 Developed Commercial and Institutional
71 Churches
85 Parking Lots
90 Nonprofit Organizations
*Category Codes Were Created for the Purpose of this Assessment District 111
12 112
13 General Benefit
The City may only assess property owners for that portion of the costs which provide a special and direct benefit to the properties located within the boundaries of the District.

General benefits are not assessable, and the City must fund that portion of the improvements which provides a general benefit to the public at large with some other funding source, such as the general fund. The 1972 Act does not specify a formula or method to use when determining the amount of general versus special benefit. The Engineer of Work is responsible for conducting the general versus special benefit analysis and then making a recommendation to the City Council, which makes the final determination. The general benefit analysis is summarized below.

Street Lighting
The City recognizes that a portion of the maintenance, operation, and servicing of the City’s streetlights on arterial streets that are funded by the District provides a general benefit to the public at large. Therefore, the City contribution to the District for any general benefits incurred by the maintenance, operation, and services on arterial roadways is estimated to be 3% of the operation and maintenance cost. This estimate was derived by determining the percentage of arterial roadway included in the District and multiplying that by the percent benefit assumed for traffic operations. This amount totals $32,386 for FY 2022-23 Park Maintenance
The District provides operation and maintenance for approximately 250 acres of City-owned neighborhood and community parks, open space, and recreation facilities. For the purpose of calculating general benefit, it was assumed that casual park use by non-residents (park users not participating in a scheduled program) is de minimus because of the local nature of park use and the condition and popularity of parks in adjacent communities. Therefore, the general benefit derived for park and facility operation and maintenance is based solely on programs currently offered by the Pittsburg Recreation Department. It was estimated that 24% of the park area and facilities in the District have recreation programs offered. Based on data sampled, 15% of the participants registered for these programs for this year are non-residents. Lastly, it was estimated that 14% of the yearly daylight hours are being used by recreation programs offered by the Recreation Department. Therefore, the estimated general benefit for operation and maintenance for parks and facilities is .5% or $18,198 for FY 2022-23.

The total general benefit for FY 2022-23 is $50,584, which is less than 1% of the total cost to maintain the District. This amount will be paid out of the General Fund. It is anticipated that the general benefit will remain consistent each fiscal year and will be reassessed in 4 years to determine if any significant changes in estimates exist.
113
14 Residential Benefit
For residential parcels, the measure of the intensity of land use is based on the number of dwelling units on a parcel. Multiple dwelling unit residences receive increased benefits as the number of units on a parcel increase. However, the incremental benefit per unit decreases as the number of units increase. In other words, a single-family home's Benefit Factor is 1.00, a condominium's benefit factor is 0.75, a four-plex's Benefit Factor is 2.95. A four-plex does not have four times the special benefit of a single-family home, but its benefit is larger than that of a single-family home. Each additional unit in a residential complex adds benefit but less benefit than the previous unit added.

Commercial and Industrial Benefit
For nonresidential parcels, the intensity of use is based on the parcel's area and its frontage along public streets. Benefits from District improvements are estimated to rise with increasing parcel area and frontage. Once again, however, the incremental benefit per unit of area or frontage decreases with increasing parcel size or frontage.

Two separate land use categories are used for nonresidential parcels: "industrial" and "commercial/institutional". These two nonresidential categories are further divided according to whether a parcel is developed or vacant. The assessment methodology estimates that the benefit to a vacant parcel is fifty (50) percent of the benefit to a developed one. Parking lots are defined as vacant commercial/institutional parcels and are thus assessed at the fifty (50) percent benefit level.

Mathematical Benefit Calculation
The total benefit estimate for a given benefit measure can be calculated from formulas determined by the Engineer of Work that closely estimate the special benefit. Those formulas, charts denoting benefit given parcel use and size, and sample calculations are on pages 16 through 25 of this report.

Assessment Calculation
After estimating the special benefits received by each parcel, the assessments are calculated. A parcel's assessment is determined by multiplying that parcel's benefit factors times the applied assessment per benefit factor. The applied assessment per benefit factor is $102.18 for residential uses and $77.18 for all others.

Cost estimates for FY 2022-23 operation, maintenance, and administration of the District are listed on Page 8. The assessment amount for each benefit factor for residential and other is determined as follows:
114
15 Actual Assessment Per Benefit Factor
All Uses
Total Cost to Maintain the District $5,618,571
Divided By Total Benefit Factors 33,887.41 Equals-Actual Assessment Per Benefit Factor $165.80 to Cover All District Maintenance Costs
Applied Assessment Per Benefit Factor
Residential
Total Amount to Be Assessed $2,131,717.62
Divided by Total Benefit Factors 20,862.36 Equals-Assessment Per Benefit Factor Residential $102.18 (Shortfall from Actual Cost $63.62 per benefit factor)
Commercial, Institutional, Industrial, Churches, and Non-Profit (“Other”)
Total Amount to Be Assessed: $1,005,277.18 Divided by Total Benefit Factors 13,025.05 Equals Assessment Per Benefit Factors (Other) $77.18 (Shortfall from Actual Cost $88.62 per benefit factor)
City Subsidy per Benefit Factor
Residential
$165.80 less $102.18 $63.62 per benefit factor
Commercial, Institutional, Industrial, Churches, and Non-Profit (“Other”) $165.80 less $77.18 $88.62 per benefit factor
For each land use category, Table 5 summarizes the number of parcels, the subtotal benefit factors, and the applied assessment per benefit factor. The applied assessment for a residential land use, City category codes 01, 21, 22, 23, 24, 25 and 29, is $102.18 per benefit factor. All other parcels including commercial, institutional, industrial, churches, and non-profit will pay $77.18 per benefit factor. This amount is still less than the actual assessment per benefit factor to cover all District costs based on actual maintenance costs, which is $165.80. Therefore, the City will continue to subsidize residential uses by $63.62 per benefit factor and non-residential uses by $88.62 per benefit factor. This is consistent with the goals of City Council and the community to encourage economic development and create and/or maintain jobs in the City of Pittsburg.

The resulting assessments for each parcel are listed on the assessment roll and are on 115
16 file in the Office of the City Clerk of the City of Pittsburg. This list is available for review.

Calculation of Multi-Family Residential Assessment
The assessment for each parcel with a multi-family residential building is determined by multiplying the Residential Unit Assessment ($102.18) by the parcel Benefit Factor.

The parcel's Benefit Factor is determined by the number of dwelling units on the parcel.

The Engineer uses one of two formulas for the Benefit Factor Calculation, B1 or B2 (below). B1 is used to calculate the benefit for twenty-five (25) or fewer residential units, and B2 is used for parcels with more than twenty-five residential units.

Below are 1) The formulas used to calculate the Benefit Factors, and 2) Examples of the calculation. Using these formulas, we have constructed tables showing the number of residential units and the corresponding Benefit Factors (see Appendix “A”.) Residential Benefit Factor calculation uses either:

Formula B1 = RO x M + (S1 ÷ 2) x M2 or
Formula B2 = RO x MB + (S1 ÷ 2) x MB2 + RB x (M-MB) + (S2 ÷ 2) x (M-MB)2; Where,
M = Number of Dwelling Units
MB = 25
RO = 0.75
RB = 0.60
S1 = -0.006
S2 = -0.00038
Where,
B1 = benefit for a parcel with benefit measure falling within the first line segment of incremental benefit curve
B2 = benefit for a parcel with benefit measure falling within the second line segment of incremental benefit curve
M = benefit measure (e.g., number of dwelling units on a parcel) MB = value of benefit measure at the point where two-line segments meet (e.g., number of dwelling units on a parcel)
RO = incremental benefit at benefit measure of 0 (i.e., the y-intercept for incremental benefit curve) (e.g., SFR/dwelling unit)
RB = incremental benefit at point where the two-line segments meet (e.g., dwelling unit number or parcel area or parcel frontage) S1 = slope of first line segment of incremental benefit curve (e.g., dwelling unit 116
17 number or parcel area or parcel frontage)
S2 = slope of second line segment of incremental benefit curve (e.g., dwelling unit number or parcel area or parcel frontage)
Substituting the above numbers for letters, the formulas may be simplified to read:

B1 = RO x M + (S 1 ÷ 2) x M2
B1 = 0.75M - (0.006 ÷ 2) x M 2
B1 = 0.75M - 0.003 x M 2
B2 = RO x MB + (S 1 ÷ 2) x MB2 + RB x (M-MB) + (S2 ÷ 2) x (M-MB)2 B2 = 0.75 x 25 - (0.006 ÷ 2) x 625 + 0.60 x (M-25) - (0.00038 ÷ 2) x (M-25) 2 B2 = 18.75 - (0.003) x 625 + 0.60 x (M-25) - 0.00019 x (M-25) 2 B2 = 18.75 - 1.875 + (0.60 x M) - 15 - 0.00019 x (M-25) 2 B2 = 1.875 + 0.60M - 0.00019 x (M-25) 2
Calculation examples are on the next page.

EXAMPLE 1. Find the Benefit Factors for a residential complex with sixteen (16) units. 16 units are less than twenty-five, so Formula B1 "RO x M + (S1 ÷ 2) x M2" is used. That formula has been simplified for this example.

B1 = 0.75M - 0.003 x M 2
M = 16
B1 = (0.75)(16) - (0.003)(16 2)
B1 = 12 - 0.768
B1 = 11.232 Benefit Factors
The Assessment Amount = Benefit Factors Times the Unit Assessment The Assessment Amount = 11.232 x $102.18 = $1147.69 = $1147.70 EXAMPLE 2. Find the Benefit Factors for a residential complex with one hundred twenty units.
120 units are more than 25, so Formula B2 [RO x MB + (S1 ÷ 2) x MB2 + RB x (M- MB) + (S2 ÷ 2) x (M-MB)2] is used. That formula has been simplified for this example.

B2 = 1.875 + 0.60M - 0.00019 x (M-25) 2
M = 120
B2 = 1.875 + 0.60 x 120 - 0.00019 x (120-25) 2
B2 = 1.875 + 72 - 0.00019 x 9025
B2 = 73.875 - 1.71475
B2 = 72.160 Benefit Factors
The Assessment Amount = Benefit Factors Times the Unit Assessment The Assessment Amount = 72.160 x $102.18 = $7,373.31 = $7,373.32 117
18 APPENDIX A-
Residential Benefit Factors
Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
2 3
4 5

1.488

2.223

2.952

3.675
54 55
56 57

34.115

34.704

35.292

35.880
106
107
108
109

64.228

64.797

65.366

65.934
6 7
8 9

4.392

5.103

5.808

6.507
58 59
60 61

36.468

37.055

37.642

38.229
110
111
112
113

66.502

67.070

67.637

68.204
10 11
12 13

7.200

7.887

8.568

9.243
62 63
64 65

38.815

39.401

39.986

40.571
114
115
116
117

68.770

69.336

69.902

70.467
14 15
16 17

9.912

10.575

11.232

11.883
66 67
68 69

41.156

41.740

42.324

42.907
118
119
120
121

71.032

71.596

72.160

72.724
18 19
20 21

12.528

13.167

13.800

14.427
70 71
72 73

43.490

44.073

44.655

45.237
122
123
124
125

73.287

73.850

74.413

74.975
22 23
24 25

15.048

15.663

16.272

16.875
74 75
76 77

45.819

46.400

46.981

47.561
126
127
128
129

75.537

76.098

76.659

77.220
26 27
28 29

17.475

18.074

18.673

19.272
78 79
80 81

48.141

48.721

49.300

49.879
130
131
132
133

77.780

78.340

78.900

79.459
30 31
32 33

19.870

20.468

21.066

21.663
82 83
84 85

50.458

51.036

51.614

52.191
134
135
136
137

80.018

80.576

81.134

81.692
34 35
36 37

22.260

22.856

23.452

24.048
86 87
88 89

52.768

53.345

53.921

54.497
138
139
140
141

82.249

82.806

83.362

83.918
38 39
40 41

24.643

25.238

25.832

26.426
90 91
92 93

55.072

55.647

56.222

56.796
142
143
144
145

84.474

85.029

85.584

86.139
42 43
44 45

27.020

27.613

28.206

28.799
94 95
96 97

57.370

57.944

58.517

59.090
146
147
148
149

86.693

87.247

87.800

88.354
46 47
48 49

29.391

29.983

30.574

31.166
98 99
100
101

59.662

60.235

60.806

61.378
150
151
152
153

88.906

89.459

90.010

90.562
50 51
52 53

31.756

32.347

32.936

33.526
102
103
104
105

61.948

62.519

63.089

63.659
154
155
156
157

91.113

91.664

92.214

92.764
118
19 Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
158
159
160
161

93.314

93.863

94.412

94.961
210
211
212
213
121.372
121.902
122.431
122.960
262
263
264
265
148.403
148.913
149.422
149.931
162
163
164
165

95.509

96.057

96.604

97.151
214
215
216
217
123.488
124.016
124.544
125.071
266
267
268
269
150.440
150.948
151.456
151.963
166
167
168
169

97.698

98.244

98.790

99.335
218
219
220
221
125.598
126.124
126.650
127.176
270
271
272
273
152.470
152.977
153.483
153.989
170
171
172
173

99.880
100.425
100.969
101.513
222
223
224
225
127.701
128.226
128.751
129.275
274
275
276
277
154.495
155.000
155.505
156.009
174
175
176
177
102.057
102.600
103.143
103.685
226
227
228
229
129.799
130.322
130.845
131.368
278
279
280
281
156.513
157.017
157.520
158.023
178
179
180
181
104.227
104.769
105.310
105.851
230
231
232
233
131.890
132.412
132.934
133.455
282
283
284
285
158.526
159.028
159.530
160.031
182
183
184
185
106.392
106.932
107.472
108.011
234
235
236
237
133.976
134.496
135.016
135.536
286
287
288
289
160.532
161.033
161.533
162.033
186
187
188
189
108.550
109.089
109.627
110.165
238
239
240
241
136.055
136.574
137.092
137.610
290
291
292
293
162.532
163.031
163.530
164.028
190
191
192
193
110.702
111.239
111.776
112.312
242
243
244
245
138.128
138.645
139.162
139.679
294
295
296
297
164.526
165.024
165.521
166.018
194
195
196
197
112.848
113.384
113.919
114.454
246
247
248
249
1403195
140.711
141.226
141.742
298
299
300
301
166.514
167.011
167.506
168.002
198
199
200
201
114.988
115.523
116.056
116.590
250
251
252
253
142.256
142.771
143.284
143.798
302
303
304
305
168.496
168.991
169.485
169.979
202
203
204
205
117.122
117.655
118.187
118.719
254
255
256
257
144.311
144.824
145.336
145.848
306
307
308
309
170.472
170.965
171.458
171.950
206
207
208
209
119.250
119.781
120.312
120.842
258
259
260
261
146.360
146.871
147.382
147.893
310
311
312
313
172.442
172.934
173.425
173.916
119
20 Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
314
315
316
317
174.406
174.896
175.386
175.875
366
367
368
369
199.382
199.852
200.322
200.791
418
419
420
421
223.330
223.780
224.230
224.680
318
319
320
321
176.364
176.852
177.340
177.828
370
371
372
373
201.260
201.729
202.197
202.665
422
423
424
425
225.129
225.578
226.027
226.475
322
323
324
325
178.315
178.802
179.289
179.775
374
375
376
377
203.133
203.600
204.067
204.533
426
427
428
429
226.923
227.370
227.817
228.264
326
327
328
329
180.261
180.746
181.231
181.716
378
379
380
381
204.999
205.465
205.930
206.395
430
431
432
433
228.710
229.156
229.602
230.047
330
331
332
333
182.200
182.684
183.168
183.651
382
383
384
385
206.860
207.324
207.788
208.251
434
435
436
437
230.492
230.936
231.380
231.824
334
335
336
337
184.134
184.616
185.098
185.580
386
387
388
389
208.714
209.177
209.639
210.101
438
439
440
441
232.267
232.710
233.152
233.594
338
339
340
341
186.061
186.542
187.022
187.502
390
391
392
393
210.562
211.023
211.484
211.944
442
443
444
445
234.036
234.477
234.918
235.359
342
343
344
345
187.982
188.461
188.940
189.419
394
395
396
397
2123404
212.864
213.323
213.782
446
447
448
449
235.799
236.239
236.789
237.118
346
347
348
349
189.897
190.375
190.852
191.330
398
399
400
401
214.240
214.699
215.156
215.614
450
451
452
453
237.556
237.995
238.432
238.870
350
351
352
353
191.806
192.283
192.758
193.234
402
403
404
405
216.070
216.527
216.983
217.439
454
455
456
457
239.307
239.744
240.180
240.616
354
355
356
357
193.709
194.184
194.658
195.132
406
407
408
409
217.894
218.349
218.804
219.258
458
459
460
461
241.052
241.487
241.922
242.357
358
359
360
361
195.606
196.079
196.552
197.025
410
411
412
413
219.712
220.166
220.619
221.072
462
463
464
465
242.791
243.225
243.658
244.091
362
363
364
365
197.497
197.969
198.440
198.911
414
415
416
417
221.524
221.976
222.428
222.879
466
467
468
469
244.524
2443956
245.388
245.819
120
21 Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
Number
Of Units
Benefit
Factors
470
471
472
473
246.250
246.681
247.111
247.541
522
523
524
525
268.143
268.554
268.956
269.375
474
475
476
477
247.971
248.400
248.829
249.257
526
527
528
529
269.785
270.194
270.603
271.012
478
479
480
481
249.685
250.113
250.520
250.967
530
531
532
533
271.420
271.828
272.113
272.520
482
483
484
485
251.394
251.820
252.246
252.671
534
535
536
537
272.926
273.332
273.738
274.143
486
487
488
489
253.096
253.521
253.945
254.369
538
539
540
541
274.548
274.952
275.356
275.760
490
491
492
493
254.792
255.215
255.638
256.060
542
543
544
545
276.163
276.556
276.968
277.370
494
495
496
497
256.482
256.904
257.325
257.746
546
547
548
549
277.772
278.173
278.574
278.975
498
499
500
501
258.166
258.587
259.006
259.426
502
503
504
505
259.844
260.263
260.681
261.099
506
507
508
509
261.516
261.933
262.350
262.766
510
511
512
513
263.182
263.598
264.013
264.428
514
515
516
517
264.842
265.256
265.670
266.083
518
519
520
521
266.496
266.908
267.320
267.732
121
22 Calculation of Commercial Assessments
The assessment for each parcel with a commercial use building is determined by multiplying the Unit Assessment ($77.18) by that parcel's Benefit Factors. The parcel's Benefit Factors are determined by its area and street frontage. The formula for calculating a parcel's Benefit Factors is a detailed formula which places frontage and area on a curve corresponding to a special benefit factor rating. Separate formulas are used for calculating the number of benefit factors earned by the parcel's frontage and by its area.

Below are the formulas used to calculate the Benefit Factors for frontage and for area and an example of the calculation.

In the following formulas and example, please note:

F = Actual Parcel Frontage x .75
A = Parcel Area (in acres)
B = Benefit Factor
FB1 Frontage Benefit Formula 1 (when frontage is <= 230') FB1 = 0.062 x F - (0.0002391304  2) x F 2
FB2 Frontage Benefit Formula 2 (when frontage is > 230') FB2 = 7.935 + 0.007 x (F-230) - (0.0000022472  2) x (F-230) 2 AB1 Area Benefit Formula 1 (when parcel area is <= 1.25 acres) AB1 = 28.0 x A - (21.6  2) x A 2
AB2 Area Benefit Formula 2 (when parcel area is > 1.25 acres) AB2 = 18.125 + 1.0 x (A - 1.25) - (0.012903226  2) x (A-1.25) 2 EXAMPLE: Find the assessment for an inside lot; 75' x 100' Step 1 Define the parameters:

F = 75' (Actual Parcel Frontage) X .75 (multiplier)
A = 75' x 100' = 7500 square feet  43,560 = 0.172 acre (1 acre = 43,560 square feet)
Step 2 Calculate frontage benefit factors using Formula FB1: (frontage is < 230') FB1 = 0.062 x F - (0.0002391304  2) x F 2
F = 56.25'
122
23 FB1 = 0.062 x 56.25 - 0.0001195652 x 56.25 2
FB1 = 3.49 - 0.0001195652 x 3164
FB1 = 3.49 - 0.369
FB1 = 3.121 Benefit Factors
Step 3 Calculate area benefit factors using Formula AB1 (area is < 1.25 acres) AB1 = 28.0 x A - (21.6  2) x A 2
A = 0.172 acre
AB1 = 28.0 x 0.172 - 10.8 x 0.172 2
AB1 = 4.816 - 10.8 x 0.030
AB1 = 4.816 - 0.324
AB1 = 4.492 Benefit Factors
Step 4 Find the total Benefit Factors earned by the parcel.

Benefit Factors = FB1 + AB1
Benefit Factors = 3.121 + 4.492 = 7.613 Benefit Factors Step 5 Determine the Landscaping and Lighting Assessment.

Assessment = Unit Assessment Times Benefit Factors
Assessment = $77.18 x 7.613 = $587.58
The above example assumes the parcel is developed. If the parcel is not developed, the Assessment is 50% of the above figure.

Exceptions
Individually owned parcels and common area parcels of commercial and industrial condominiums are assigned a proration of the area and frontage, if applicable, to accommodate for the common area parcel.

Calculation of Industrial Assessments
The assessment for each parcel with an industrial use building is determined by multiplying the Industrial Unit Assessment ($77.18) by that parcels Benefit Factors.

The parcel's Benefit Factors are determined by its area and street frontage. The formula for calculating a parcel's Benefit Factors is a detailed formula which places frontage and area on a curve corresponding to a predetermined benefit factor rating.

Separate formulas are used for calculating the number of benefit factors earned by the parcel's frontage and by its area.

Below are the formulas used to calculate the Benefit Factors for frontage and for area and an example of the calculation.
123
24 In the following formulas and example, please note:

F = Actual Parcel Frontage x .75
A = Parcel Area (in acres)
BF = Benefit Factor
FB1 Frontage Benefit Formula 1 (when frontage is <= 1,000') FB1 = 0.026 x F - (0.000017  2) x F2
FB2 Frontage Benefit Formula 2 (when frontage is > 1,000') FB2 = 17.5 + 0.009 x (F-1000) - (0.0000032  2) x (F-1000) 2 AB1 Area Benefit Formula 1 (when parcel area is <= 5.32 acres) AB1 = 14.75 x A - (2.678572  2) x A 2
AB2 Area Benefit Formula 2 (when parcel area is > 5.32 acres) AB2 = 40.565 + 0.5 x (A - 5.32) - (0.007032  2) x (A-5.32) 2 EXAMPLE: Find the assessment for an inside lot; 250' x 400' Step 1 Define the parameters:

F = 250' (Actual Parcel Frontage) x .75 (multiplier)
A = 250' x 400' = 100,000 square feet  43,560 = 2.30 acres (1 acre = 43,560 square feet)
Step 2 Calculate frontage benefit factors using Formula FB1: (frontage is < 1,000') FB1 = 0.026 x F - (0.000017  2) x F2
F = 187.5'
FB1 = 0.026 x 187.5 - 0.0000085 x 187.5 2
FB1 = 0.026 x 187.5 - 0.0000085 x 35,156
FB1 = 4.875 - 0.299
FB1 = 4.576 Benefit Factors
Step 3 Calculate area benefit factors using Formula AB1 (area is < 5.32 acres) AB1 = 14.75 x A - (2.678572  2) x A 2
A = 2.30 acres
AB1 = 14.75 x 2.30 - 1.339286 x 2.30 2
AB1 = 14.75 x 2.30 - 1.339286 x 5.29
AB1 = 33.925 - 7.085
AB1 = 26.8402 Benefit Factors
124
25 Step 4 Find the total Benefit Factors earned by the parcel.

Benefit Factors = FB1 + AB1
Benefit Factors = 4.576 + 26.8402 = 31.4162 Benefit Factors Step 5 Determine the Landscaping and Lighting Assessment.

Assessment = Unit Assessment Time Benefit Factors
Assessment = $77.18 x 31.4162 = $2,424.70
The above example assumes the parcel is developed. If the parcel is not developed, the Assessment is 50% of the above figure.

EXCEPTIONS
Each industrial parcel that has an area greater than seventy-six (76) acres are assigned, for purposes of assessment, an acreage of 76 acres, this being the point before the parcel area formula curve goes downward. Without such an assignment, the assessment for these parcels would have been less than for parcels of a smaller size.

D. Assessment District Diagram Description
The boundary of District 1988-01 coincides with the City of Pittsburg boundary, except that the Oak Hills District 1988-02 is not included in District 1988-01. Also depicted on the diagram are the book limits for the Contra Costa County Assessor's Parcel Map Books.

The Contra Costa County Assessor's Parcel Maps are hereby incorporated by reference into this report. The County Assessor's Maps shall govern for all details concerning the lines and dimensions of lots or parcels. The County Assessor's Parcel Number is hereby adopted as the distinctive number identifying each parcel for purposes of this assessment.

E. Property Owner List and Assessment Roll
The assessment roll is a computerized list of each parcel within the District. The list includes the assessment number (Assessor's Parcel Number), owner of record, situs address, category code and the assessment for each parcel. This roll may be examined in the Office of the City Clerk of the City of Pittsburg. 125
26 ASSESSMENT DIAGRAM and

PROPERTY OWNER LIST AND
ASSESSMENT ROLL for the

CITY OF PITTSBURG

LANDSCAPING & LIGHTING
ASSESSMENT DISTRICT 1988-01

IS ON FILE IN THE

OFFICE OF THE CITY CLERK
126
Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map layer by Esri µ
0 0.5 10.25 Miles
Scale: 1:32,750
City of Pittsburg:

Assessment Districts

Legend
Name
Oak Hills 1988 - 02
Citywide 1988 - 01
Parcels
Map Prepared by Nikesh Patel - GIS
Date Exported: 5/26/2022
Landscaping & Lighting
127
Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map layer by Esri µ
0 0.5 10.25 Miles
Scale: 1:32,750
City of Pittsburg:

Assessment Districts

Legend
Name
Oak Hills 1988 - 02
Citywide 1988 - 01
Parcels
Map Prepared by Nikesh Patel - GIS
Date Exported: 5/26/2022
Landscaping & Lighting
128

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Approve the Premilinary Engineer’s Report, Declare the City Council’s Intent to Levy and Collect Assessments in Landscaping and Lighting Assessment District 1988- 02, for Fiscal Year 2022-23, and Set a Date to Conduct a Public Hearing.

MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Pursuant to state statutes governing the renewal of assessment districts, the City Council is being asked to adopt the resolution approving the preliminary Engineer’s Report for Landscaping and Lighting Maintenance Assessment District 1988-02 (District 88-02), Oak Hills, Fiscal Year 2022-23 and to set July 18, 2022, as the date for a public hearing for this matter.

FISCAL IMPACT
Landscaping and Lighting District 88-02 collects $35,839 annually in revenue and interest for the Oak Hills area. The Public Works Department estimates that it will expend $41,038 during Fiscal Year 2022-23 in managing the district. The City’s contribution to District 88-02 District for general benefits incurred by the operation of higher wattage street lighting on the arterial roadway is estimated to be $1,500 or 6.6% of the street light operation and maintenance cost for Fiscal Year 2022-23. The additional $5,099 will be contributed from the General Fund to cover the gap between revenue and expenses.

Without the District, the General Fund would be responsible for the entire cost of maintaining the improvements located within the Oak Hills area.

RECOMMENDATION
City Council adopt a resolution approving the preliminary Engineer's Report, declare the City Council's intent to levy assessments in landscaping and lighting for Fiscal Year 2022- 23, and set the public hearing date for this matter as July 18, 2022. 129

BACKGROUND
On June 6, 1988, the City Council confirmed the Engineer’s Report, ordered improvements, and levied the first annual assessment for District 88-02, Oak Hills. Since then, the funds collected annually by this district support the City’s landscaping and lighting operations in the Oak Hills area.

On May 12, 2022, the City Council approved Resolution 22-14087, directing the Engineer of Work, Richard Abono, to file an annual Engineer’s Report for Fiscal Year 2022-23 in accordance with the Landscaping and Lighting Act of 1972. That report has been prepared and is on file in the Office of the City Clerk.

Services provided by District 88-02 include:
• Right-of-Way Landscaping Maintenance
• Street Tree Maintenance
• Sidewalk Repair Related to Street Tree Damage Only
• Street Light Energy, Maintenance and Replacement Costs

SUBCOMMITTEE FINDINGS
This item was not brought before a subcommittee.

STAFF ANALYSIS
District 88-02 has been in existence for 35 years, and the funds collected are necessary for the City to maintain its current level of lighting and landscaping throughout District 88-02.

The assessment amounts collected are limited by the formation documents. The assessment amount for a residential land use is $77.18 per benefit factor. There is no Consumer Price Index (CPI) adjustment factor for District 88-02.

Several years ago, the City spent $38,560 to complete a Streetlight Retrofit Program project to install energy efficient LED lights within the District.

State statutes mandate the annual renewal procedures for District 88-02. This is the second step of that process wherein the City Council is asked to consider and approve the Engineer’s Report and to set a public hearing for this matter on July 18, 2022.

ATTACHMENTS: Resolution
Preliminary Engineer’s Report
Report Prepared By: Sharon Paz, Administrative Specialist 130

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

Approving the Preliminary Engineer's Report, )
Declaring the City Council's Intent to Levy and )
Collect Assessments in Landscaping and Lighting ) RESOLUTION NO. 22- Assessment District 1988-02 for Fiscal Year ) 2022-23, and Setting a Date to Conduct a )
Public Hearing )
WHEREAS, on May 2, 2022, the City Council approved Resolution 22-14087 directing the Engineer of Work, Richard D. Abono to file an annual Engineer’s Report for Fiscal Year 2022-23 for Landscaping and Lighting Assessment District 1988-02, Oak Hills; and,
WHEREAS, the assessment pays for maintenance and improvements to street lights, street trees, concrete replacement due damage caused by street trees, landscaping of facilities, rights-of-way, and medians; and
WHEREAS, on June 1, 2022, the Engineer of Work has filed with the City Clerk the preliminary report required by the Landscaping and Lighting Act of 1972; and, WHEREAS, all interested persons are referred to that report for a full and detailed description of the improvements, the boundaries of the assessment district, and the proposed assessments upon assessable lots and parcels of land within the district.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the preliminary Engineer's Report filed with the City Clerk, intends to levy and collect assessments within Assessment District 1988-02 (Oak Hills) during Fiscal Year 2022-23, and sets the date of July 18, 2022, to conduct a public hearing on the matter of the levy of the proposed annual assessments during its regularly scheduled meeting pursuant to Section 22553 of the Streets and Highways Code.

PASSED and ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________________
Holland Barrett White, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
131
City of Pittsburg
Contra Costa County, California

ENGINEER'S REPORT

CITY OF PITTSBURG
LANDSCAPING and LIGHTING
ASSESSMENT DISTRICT 1988-02
FISCAL YEAR 2022-23
Prepared By:

Richard D. Abono
City Engineer
City of Pittsburg, California
June 6, 2022
132
Oak Hills Landscaping and Lighting Assessment District 1988-02

TABLE OF CONTENTS
I. Certificates 1
II. Introduction 2
III. Description of Improvements 3
IV. Estimate of Costs 4
A. Projected Revenue & Expense—FY 2021-22 4
B. Estimate of Revenue & Costs—FY 2022-23 4
V. Assessment Method 5
VI. General Benefit 5
VII. Assessment Roll Description 6
VIII. Assessment Diagram Description 6
IX. Renewal Schedule 9
133

CITY OF PITTSBURG

OAK HILLS LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT 1988-02
FISCAL YEAR 2022-23
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City of Pittsburg.

Dated:________________________ By: _____________________________ Richard D. Abono, PE
RCE No. C65440
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached, was filed with me on the __________day of ______________, 2022.

Alice E. Evenson, City Clerk
City of Pittsburg
By________________________________ Contra Costa County, California I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was filed with the County Auditor of the County of Contra Costa, on the ___________ day of ___________, 2022.

By: _____________________________
Richard D. Abono, PE
RCE No. C65440
1 134
Il. Introduction
This Engineer's Report for the Pittsburg Landscaping and Lighting Assessment District 1988-02 is being submitted pursuant to Resolution 22-14087 of the Pittsburg City Council, under the provisions of Part 2, Division 15 of the California Streets and Highways Code, Sections 22500 through 22679 (The Landscaping and Lighting Act of 1972).

The boundaries of the Assessment District are depicted on the Assessment Diagram on file in the office of the City Engineer. Landscaping and Lighting District 1988-02 (Oak Hills) is separate and distinct from Landscaping and Lighting District 1988-01 (Citywide).

This report is for Fiscal Year (FY) 2022-23, the thirty-fifth fiscal year of the District's operation. For each parcel of land in the District, this report recommends assessments sufficient to fund the projected FY 2022-23 budget for operation, maintenance, servicing, replacement and installation of District improvements. These recommended assessments are proportional to the Engineer's estimates of relative benefits received by each parcel from District improvements.

This report is based upon the report that the City Council commissioned for the formation of the District, FY 1988-89, and subsequent reports prepared for Fiscal Years 1989-90 through 2022-23 inclusive. The method of assessment and diagram, incorporated herein by this reference, are based upon the FY 2022-23 Engineer’s Report for Landscaping and Lighting District 1988-02 and the FY 2022-23 projected budget.
2 135
IIl. Description of Improvements
Pittsburg's Oak Hills Landscaping and Lighting Assessment District 1988-02 provides for the levy and collection of assessments to pay for the following types of improvements:

Street Lights—Maintenance of eighty-three (83) street lights. A list of street light locations is on file with the City Clerk.

Street Trees—Maintenance all street trees within the District.

Concrete—Replacement of sidewalks damaged by street trees.

Landscaping—Maintenance of facilities, rights-of-way, and medians.

Future Capital Improvements
o Removal and replacement of damaged or unhealthy trees and plants located on eroded slope areas.
o Stabilization and soil replacement of eroded slopes.
o Installation of a neighborhood entry feature.

Landscape Improvement Locations
o Oak Hills Drive Right-of-Way
 West Leland Road to Southwood Drive
o West Leland Road Right-of-Way
 Oak Hills Drive to Westerly Terminus
o Oak Hills Pump Station
 1703 Bridgeview Street (Corner of Southwood Drive)
3 136
IV. Estimate of Cost
A. Projected Revenue & Expense FY 2021-22
Fund Balance as of June 30, 2021 $70,783
Projected Revenue FY 2021-22
Assessments Posted to Roll $33,959
Interest Income $ 80
Other $ 300
General Benefit $ 1,500
Subtotal Projected Revenue FY 2021-22 $35,839 Less Projected Expense FY 2021-22 ($36,605)

Projected Balance June 30, 2022 $70,017 B. Estimate of Cost FY 2022-23
Street Light
Operation and Maintenance $ 9,850
Landscaping
Maintenance and Repair $26,366
Administration
Collection Costs $ 4,822
Total Cost $41,038
Less Contribution from General Fund ($ 5,099) Less General Benefit ($ 1,500)
Less Interest Income FY 2022-23 ($ 480)
Net Cost and Total Amount to Be Assessed $33,959.20 4 137
V. Assessment Method
Estimated costs and expenses for FY 2022-23 are apportioned to each parcel based on relative benefits estimated to be received by the parcel from District improvements. This apportionment constitutes the recommended assessment amount for each parcel listed in the assessment roll.

Benefits from the District are enjoyed by all assessable parcels in the District.

The degree of benefit is estimated from the type and intensity of land use for each parcel, which determined the number of pedestrians generated the extent of street light illumination and increased security, and the enhanced aesthetics and enjoyment from maintenance of landscaped areas and street trees. It is reasoned that, for a given intensity of use, similar land uses will derive similar benefits.

The City may only assess property owners for that portion of the costs which provide a special and direct benefit to the properties located within the boundaries of the District. General benefits are not assessable, and the City must fund that portion of the improvements which provides a general benefit to the public at large with some other funding source, such as the general fund.

Vl. General Benefit
The 1972 Act does not specify a formula or method to use when determining the amount of general versus special benefit. The Engineer of Work is responsible for conducting the general versus special benefit analysis and then making a recommendation to the City Council, which makes the final determination. The general benefit analysis is summarized below.

Street Lighting
The City recognizes that a portion of the City’s street lights on West Leland Road (9 street lights), an arterial street that is included in the District, provides a general benefit to the public at large. Therefore, the City contribution to the District for general benefits incurred by the operation of higher wattage street lighting on this arterial roadway is estimated to be $1,500 or 6.6% of the electrical cost for FY 2022-23. This 5 138
estimate was derived by determining a per wattage rate for all street lighting in the district and multiplying that by the additional wattage required to operate these 9 street lights located along the arterial roadway.

Of the 443 parcels in the District, 440 are used as residences, two are open space (non-assessable), and one City-owned pump station. Benefits to family residences and the City Pump Station are estimated to be uniform throughout the District. Therefore, each residential parcel and the City’s pump station are assessed an equal amount, simply calculated by dividing the District's net cost of the improvements by the number of assessable parcels (440).

The assessment amount for each assessable parcel is determined as follows:

Net Amount to Be Assessed $33,959
Assessment Per Parcel ($33,959.20/440) $ 77.18 VlI. Assessment Roll Description
The assessment roll is a computerized list of each parcel within the District. The list includes the assessment number (Assessor's Parcel Number), owner of record, situs address and the assessment amount for each parcel. The list is on file in the Office of the City Engineer.

VIIl. Assessment Diagram Description
The Assessment Diagram is on file in the Office of the City Engineer and shows the boundary for Landscaping and Lighting Assessment District 1988-02 (Oak Hills).

ASSESSMENT ROLL FOR THE

THE CITY OF PITTSBURG

LANDSCAPING & LIGHTING
ASSESSMENT DISTRICT 1988-02
FISCAL YEAR 2022-23

IS ON FILE IN THE

OFFICE OF THE CITY ENGINEER
7 140

ASSESSMENT DIAGRAM FOR

THE CITY OF PITTSBURG

LANDSCAPING & LIGHTING
ASSESSMENT DISTRICT 1988-02
FISCAL YEAR 2022-23

IS ON FILE IN THE

OFFICE OF THE CITY ENGINEER
8 141

OAK HILLS LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT 1988-02
FISCAL YEAR 2022-23
Renewal Schedule

ACTION DATE
Request proposal from Francisco & Associates for renewal assistance. Execute contract through proper channels and request purchase order.

February
City Council Adopts Resolutions to Prepare and File Annual Report (on consent). May 2 F&A provide City with Assessment Rolls and Handbill Listings. May 9 City Council Adopts Resolution to Approve Preliminary Engineer’s Report, Declare its Intent to Levy and Collect Annual Assessments, and Set the Date and Time of Public Hearing – (consent)
June 6
Final Engineer's Report is Filed with the City Clerk June 1 City Council has Public Hearing and Approve Final Engineer’s Report, Ordering the Improvements, and Levying the Annual Assessments for District 88-02 Oak Hills (notice of public hearing required)
July 18
City provides F&A with signed ERs and Resolutions NLT July 31 F&A Files Report with County August 8
Engineer Submits Electronic Data to County Auditor August 8 F&A provides City with Final Levy Summary Letter and Handbill Listings August 10 9 142

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept Project 3079, Ambrose Park Restroom and Concession Project, as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Project 3079, Ambrose Park Restroom and Concession Project (the “Project”) was for the replacement of the existing restroom and snack bar at Ambrose Memorial Park. Adoption of this resolution will accept the Project as complete and authorize the City Engineer to File a Notice of Completion (NOC).

FISCAL IMPACT
The Project was funded entirely by the Ambrose Recreation and Park District. In June 2017, the Ambrose Aquatic Center Renovation Project (Project 3057), was completed within budget, leaving a small balance of Ambrose District funds remaining. This balance was reallocated to Project 3079, for a total Project budget of $842,376. After final expenditures there will be an estimated remaining balance of $3,002, which shall be returned to the source fund. Please see the attached Project Budget Summary for more information.

RECOMMENDATION
The City Council adopt the attached Resolution accepting the Project 3079 as complete and authorizing the City Engineer to execute a Notice of Completion. Staff recommends that all unspent funds be returned to the source fund.

BACKGROUND
On July 11, 2019, the Ambrose Creation and Park District Board of Directors approved Project 3079 to replace the restroom at Ambrose Memorial Park and allocated $510,000 to the project budget.
143
On September 16, 2019, the City Council approved Resolution 19-13688, approving an agreement for Construction Management of Project 3079 with Ambrose Recreation and Park District who owns and maintains Ambrose Park.

On December 10, 2020, the Ambrose Recreation and Park District Board of Directors allocated an additional $263,000 to Project 3079 to cover ADA improvements along the path of travel and repairs for a failed storm drain that runs through the project site.

On April 16, 2021, the Ambrose Recreation and Park District Board of Directors allocated an additional $55,788 to Project 3079, for a total Project budget of $842,376, and approved the award and execution of a contract with Saboo Inc. for the construction of Project 3079.

On May 17, 2021, the City Council Authorized Award of Project 3079 and execution of a contract with Saboo Inc. for a total amount of $513,438 with a contingency of $42,109 (8% of contract amount).

On May 12th, 2022, the Ambrose Recreation and Park District Board of Directors approved the acceptance of Project 3079 and authorized the City of Pittsburg to File the Notice of Completion.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The Project included the removal and replacement of the existing restroom building, repair of the storm drain system, and ADA improvements for Ambrose Park.

The Contractor reached substantial completion on April 14, 2022. The one-year warranty period is effective as of April 14, 2022.

There was a total of four (4) change orders amounting to $39,809. The total anticipated expenditures for the Project including design, construction, and staff costs are $839,374 with an estimated $3,002 remaining which will be returned to source fund.

This project was completed on time and within the budget approved by the Ambrose Recreation and Park District Board of Directors and City Council.

ATTACHMENTS: Resolution
Budget Summary
Notice of Completion
Report Prepared By: Stephen Cardiel, Associate Engineer 144
Resolution No. 22- Page 1 of 2 June 6, 2022

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

Accepting Project 3079, )
Ambrose Park Restroom and )
Concession Project, as Complete ) Resolution No. 22-
and Authorizing the City Engineer )
to File a Notice of Completion )

WHEREAS, Project 3079, Ambrose Park Restroom and Concession Project (“the Project”), is for the replacement of the restroom and concession facilities, ADA improvements, and repair of failed storm drain system at Ambrose Memorial Park; and WHEREAS, on July 11, 2019, the Ambrose Recreation and Park District Board of Directors approved the Project to replace the restroom at Ambrose Memorial Park and allocated $510,000 to the project budget; and
WHEREAS, on September 16, 2019, the City Council approved Resolution 19-13688, approving an agreement with Ambrose Recreation and Park District for Construction Management of the Project; and
WHEREAS, on December 10, 2020, the Ambrose Recreation and Park District Board of Directors allocated an additional $263,000 to the Project to add additional scope to cover ADA improvements along the path of travel and the repairment of a failed storm drain system running through the project site; and
WHEREAS, bids for the Project were opened on March 23, 2021, and Saboo Inc. was the lowest most responsible bidder with a base bid amount of $513,438; and WHEREAS, on April 16, 2021, the Ambrose Recreation and Park District Board of Directors allocated an additional $55,788 to the Project, for a total project budget of $842,376, and approved the award and execution of a contract with Saboo Inc. for the construction of Project; and
WHEREAS, on May 17, 2021, the City Council authorized award of Project 3079 and execution of a contract with Saboo Inc. for a total amount of $513,438 with a contingency of $42,109 (8% of contract amount); and
WHEREAS, there were four (4) contract change orders for the Project in the amount of $39,809. The total anticipated expenditures for the Project including design, construction, and staff costs are $839,374, and the estimated remaining balance of $3,002 will be returned to the source fund; and
WHEREAS, the Contractor reached substantial completion on April 14, 2022. The one-year warranty period is effective as of April 14, 2022; and 145
Resolution No. 22- Page 2 of 2 June 6, 2022
WHEREAS, on May 12, 2022, the Ambrose Recreation and Park District Board of Directors approved the acceptance of Project 3079 and authorized the City of Pittsburg to File the Notice of Completion; and
WHEREAS, staff requests that the City Council accept the Project as complete and authorize the City Engineer to file a Notice of Completion.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby accepts the Project as complete and authorizes and directs the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
146
Project No. 3079 - Ambrose Park Restroom & Concession
Project Funding
Ambrose Park & Recreation District $510,000
Ambrose Park & Recreation District Addtl. 1 $263,000
Ambrose Park & Recreation District Addtl. 2 $55,788
Project No. 3057 Rollover $13,588
Funding Total $842,376
Project Expenditures:

Design:
(Code 2122) Romtec Building Kit & BKF Design Fees $230,578 Subtotal $230,578
Miscellaneous: Advertisin g $1,098
(Code 1399)
Subtotal $1,098
Construction: Actual Awarding Bid - Saboo, Inc. $513,438 (Code 2281) CCO No. 1 $3,988
CCO No. 2 $30,036
CCO No. 3 $1,785
CCO No. 4 $4,000
Terracon Material Testing (HBMS) $3,800
Subtotal $557,047
Wages/Benefits Staff Time for Design Management $12,663 (Code 1101) Staff Time for Construction Management $12,663 Subtotal $25,325
Admin Overhead Staff Time for Design Management $12,663 (Code 2372) Staff Time for Construction Management $12,663 Subtotal $25,326
Estimated Expenditures Total $839,374
147

NOTICE OF COMPLETION
Upon Recording Return To:

City of Pittsburg
Engineering Records
65 Civic Avenue
Pittsburg, CA 94565-3814
NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 3093 OF THE CALIFORNIA CIVIL CODE:

1. That on the 24 th day of May, 2021 the City of Pittsburg, State of California, did enter into a contract with:

Saboo, Inc.
415 Beatric Court, Suite H
Brentwood, CA 94513
as Contractor for certain improvement work: To wit, Contract 2019-22, Ambrose Restroom and Storm Drain Repair Project 3079 at 125 Memorial Way, Pittsburg, California 94565 of which the Ambrose Recreation and Park District is the Owner.

2. That the surety upon the bond of the Contractor for said improvement work is:

Granite Re, Inc. dba
Granite Surety Insurance Company
14001 Quailbrook Drive
Oklahoma City, OK 73134

3. That the real property herein referred to is situated in the City of Pittsburg, County of Contra Costa, State of California, and is described as follows:
125 Memorial Way, Pittsburg, CA 94565 (APN 094-030-011)

4. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 6th day of June 2022.
_
________________________________________
Richard Abono
Director of Public Works/City Engineer,
City of Pittsburg
State of California )
County of Contra Costa )

5. I, Richard Abono, being first duly sworn, depose and say that: I am the City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief.
________________________________________
Richard Abono
Director of Public Works/City Engineer, City of
Pittsburg
A notary public or other officer completing this certificate Verifies only the identity of the individual who signed the Document to which this certificate is attached, and not the truthfulness, accuracy. or validity of that document.

State of California )
County of Contra Costa )
Subscribed and sworn to (or affirmed) before me on this day of , 2022 by Richard Abono proved to me on the basis of satisfactory evidence to be the person who appeared 148
before me. I certify under PENALTY OF PURJURY under the laws of the State of California that the foregoing paragraph is true and correct.
_________________________________________
Amanda McVey, Notary Public
149

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Negotiation and Execution of an Agreement for the Purchase of an Enterprise License for FileOnQ Software
MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
The Police Department seeks approval to appropriate funds for the purchase of an Enterprise License offered by the database platform FileOnQ. The Enterprise license will allow the Police department to expand from the existing, already purchased, EvidenceOnQ to include Quartermaster and Personnel modules.

FISCAL IMPACT
The Resolution will authorize allocation of $164,000 from the Police Department’s FY 2021- 22 General Fund operating budget for the purchase of a FileOnQ Enterprise License.

RECOMMENDATION
Staff recommends City Council approval of the attached Resolution authorizing the appropriation of $164,000 to FileOnQ for the purchase of an Enterprise License with existing annual maintenance costs of $28,500.

BACKGROUND
Since 2016, the Police Department has utilized a small FileMaker program to track all evidence, inventory, and personnel. As the Police Department’s evidence inventory increased, the Police Department sought a more robust system and purchased EvidenceOnQ, a database module offered by FileOnQ. Evidence personnel are in the process of building and creating the new EvidenceOnQ database. 150

SUBCOMMITTEE FINDINGS
This item has been presented to and supported by the Public Safety Subcommittee on May 3, 2022.

STAFF ANALYSIS
Recently, the Department was informed that the existing FileMaker program for inventory and personnel is no longer be supported. Should the database fail, all data may be lost.

After purchasing EvidenceOnQ, staff explored the many modules offered by FileOnQ.

FileOnQ offers many different databases and will allow the Police Department to build on its existing Evidence database all while utilizing one system.

The Enterprise License will allow for the addition of Quartermaster and Personnel Management. Quartermaster will track all equipment and inventory while the Personnel Management module will allow the Police Department to efficiently manage personnel, training, and training courses in the same database. This level of integration will substantially increase efficiency and productivity at a level not experienced before by allowing workflow between all integrated database modules.

The Pittsburg Police Department recommends approval of the Resolution appropriating funds for the purchase of an Enterprise license for FileOnQ database software.

ATTACHMENTS: Resolution
Report Prepared By: Brian Addington, Chief of Police
151

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

Authorizing Negotiation and Execution of )
An Agreement for the Purchase of an Enterprise ) RESOLUTION NO. 22- License for FileOnQ Database Software )
WHEREAS, the Police Department’s existing personnel, training and equipment inventory databases are no longer supported by the manufacturer; and WHEREAS, the Pittsburg Police Department seeks to build on its existing FileOnQ “Evidence” database by purchasing an Enterprise License thereby expanding three database modules to include Quartermaster, Personnel and Training; WHEREAS, this level of integration will substantially increase efficiency and productivity at a level not experienced before by allowing workflow between all integrated database modules.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute an Agreement for the purchase of a FileOnQ Enterprise License and authorizes the appropriation of funds from the Police Department’s Fiscal Year 2021/22 General Fund Operating Budget in the amount of $164,000.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
152

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Negotiation and Execution of Agreement with Motorola Solutions to Upgrade Police Radio System to Meet California Department Of Justice Requirements MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
The Police Department is required to meet the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy to ensure the confidentiality of information from the California Law Enforcement Telecommunications system (CLETS). Compliance will require the Police Department to upgrade all radio systems to include encryption of all radio traffic.

FISCAL IMPACT
The Resolution will authorize allocation of $155,851.68 from the Police Department’s FY 2021-22 General Fund operating budget for the cost of the encryption. Motorola Solutions, Inc. is the only provider which can supply the encryption for the Motorola System as the engineering is proprietary and Motorola is the Sole Source Provider.

RECOMMENDATION
Staff recommends City Council approval of the attached Resolution authorizing negotiation and execution of an Agreement with Motorola Solutions and the appropriation of funds in the amount of $155,851.68 to Motorola Solutions, Inc. to supply the encryption of all Police Department Motorola Radios to meet the security requirements and bring the police radio system into compliance with the FBI Criminal Justice Information Services Security Policy.

BACKGROUND
The East Bay Regional Communications System Authority (EBRCSA) was officially created on September 11, 2007 with the formation of a Joint Powers Authority (JPA). Currently, there are 43 member agencies consisting of both Contra Costa and Alameda counties, 30 cities, 6 special districts, 3 colleges, Dublin-San Ramon Services District and the California Department of Transportation serving a population of over 2.5 million people. 153
As of December 2010, the Pittsburg Police Department entered into the project operating agreement with the East Bay Regional Communication Systems Authority. All radio communication for the Pittsburg Police Department is transmitted through this system.

SUBCOMMITTEE FINDINGS
This item has been presented to and supported by the Public Safety Subcommittee on May 3, 2022.

STAFF ANALYSIS
The California Department of Justice now requires law enforcement agencies to provide confidentiality of information transmitted over the radio system with digital encryption. The department is currently working with EBRCS to meet these requirements through the sole source vendor of Motorola Solutions, Inc. To meet these requirements, the department will need to purchase additional and updated communication equipment and software from Motorola Solutions, Inc. in the amount of $155,851.68. The updated software solution will allow the department to meet and exceed the encryption requires for all police radio communication within the EBRCS communication network.

The Pittsburg Police Department recommends adoption of the Resolution authorizing negotiation and execution of an Agreement with Motorola Solutions to meet the California Department of Justice and FBI Criminal Justice Information Services Security Policy.

ATTACHMENTS: Resolution
California Department of Justice Information Bulletin 20-09-CJIS

Report Prepared By: Brian Addington, Chief of Police
154

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

Authorizing Negotiation and Execution of ) Agreement With Motorola Solutions to Upgrade ) RESOLUTION NO. 22- Police Radio System to Meet California ) Department Of Justice Requirements )

WHEREAS, the Police Department is included in the East Bay Regional Communications Systems Authority (EBRCSA) since its formation in 2007; and WHEREAS, the Pittsburg Police Department is required to upgrade all radio systems to include encryption of all radio traffic pursuant to the California Department of Justice and FBI Criminal Justice Information Services Security Policy; and WHEREAS, Motorola Solutions is the only provider which can supply the encryption for the Motorola system utilized by the Police Department.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to negotiate and execute an Agreement with Motorola Solutions to meet the encryption standards in compliance with the California Department of Justice Security Policy and the FBI Criminal Justice Information Services Security Policy, and authorizes the appropriation of funds in the amount of $155,851.68.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
155
156

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorizing the City Manager to enter into a 60-Month Lease/Maintenance agreement with Konica Minolta Business Solutions (KMBS).

MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
Authorize the City Manager, upon recommendation of the Director of Finance, to enter into a 60-Month Lease/Maintenance agreement with Konica Minolta Business Solutions (KMBS) to meet the Copying, Printing and Scanning needs of the City departments/agencies.

FISCAL IMPACT
The City will be replacing a total of 23 copiers through KMBS. Out of these, 21 copiers were supplied by KMBS five years ago, through a 60 month lease arrangement. The remaining 2 copiers were bought outright by the City in 2012 by making 100% payment upfront.

Following table details the current versus proposed costs for these 23 copiers ; Parameter Current
Costs
Proposed
Costs
Savings
Monthly Service Costs for 21 copiers $ 1,532.33 $ 1,191.14 $ 341.19 Monthly Lease Costs for 21 copiers $ 1,974.92 $ 2,073.87 $ (98.95) Monthly Service Costs for additional 2 copiers $ 601.00 $ 191.00 $ 410.00 Monthly Lease Costs for additional 2 copiers $ 0.00 * $ 279.57 $ (279.57) Monthly Totals : $ 4,108.25 $ 3,735.58 $ 372.67
Yearly Totals : $ 49,299.00 $ 44,826.96 $ 4,472.04
5 Year Term Totals : $ 246,495.00 $ 224,134.80 $ 22,360.20 * These 2 copiers were procured by making 100% payment at the time of purchase. Hence, there are no monthly lease payments involved.

The source of funds will be through the budgets of department/agency that will be using these copiers.
157

RECOMMENDATION
It is recommended that the City Council authorize the City Manager to enter into a 60-Month Lease/Maintenance agreement with Konica Minolta Business Solutions.

BACKGROUND
City entered into a five-year lease/maintenance agreement with Konica Minolta Business Solution in Feb 2017 for Citywide Printing, Copying and Scanning needs. The five-year term of the agreement has expired on March 26, 2022. During this five-year term, we have had very good experience with KMBS supplied products and services.

City has received a proposal from KMBS for another five-year term. This proposal is based on a contract they have entered with Foundation for California Community Colleges (FCCC), based on a competitive bidding through an RFP process. KMBS has proposed new sets of products and services to the City based on the prices committed in their contract with FCCC.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Our experience with the copiers and the related services provided by KMBS for past five years has been extremely good. Moreover, by riding on the FCCC contract for the next 5 years, City is getting lower prices on products and services compared to what we are paying currently.

Few highlights of the new copier agreement:
• Per page rates fixed for next five years
• B&W per page rate of $ 0.0045 compared to current rate of $ 0.0055 • Color per page rate of $ 0.030 compared to current rate of $ 0.040 • Most of the newer copiers will have increased Pages Per Minute ratings. • New copiers are state of the art and more reliable.
• At the lease’s conclusion, the equipment will be owned by the City.

It is expected that the lease of the copiers will be arranged through Konica Minolta Premier Finance under a qualified tax-exempt obligation pursuant to Internal Revenue Code. Such a tax-exempt obligation means the City does not pay taxes on the leased equipment, but the City must certify that it does not reasonably anticipate issuing tax-exempt obligations in excess of 10 million dollars during a calendar year.

ATTACHMENTS: Resolution
Agreement to be signed with KMBS
Proposal from KMBS (Exhibit A to the Agreement)
FCCC Contract (Exhibit B to the Agreement)
KMBS MFP Hard Drive Secure Disposal Service Agreement (Exhibit C to the Agreement)
158
Report Prepared By: Jitendra Kaneria, IT Manger
159

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

Authorizing the City Manager to )
Execute a Lease/Maintenance Agreement) RESOLUTION NO. 22- with Konica Minolta Business Solutions )
WHEREAS, the City’s existing copier lease with Konica Minolta Business Solutions (KMBS) expired on March 26, 2022; and
WHEREAS, Foundation for California Community Colleges (FCCC) is a non-profit entity that operates a cooperative purchasing program to pool the purchasing power of schools nationwide and allows public agencies to make purchases based on competitively bid contracts with suppliers, including KMBS; and

WHEREAS, KMBS has offered a new set of copiers to the City for a new lease term of 60 months using the FCCC contract terms and pricing; and WHEREAS, the City has determined that it is necessary, desirable and in the City’s best interest to enter into a lease for the copiers with KMBS or their leasing company, Konica Minolta Premier Finance.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the five-year Master Lease/Purchase Agreement of digital copiers, and the five-year maintenance agreement, and to perform related administrative tasks necessary to implement the lease of new digital copiers.

BE IT FURTHER RESOLVED that the lease shall be a “qualified tax-exempt obligation” pursuant to Section 265(b)(3)(C) of the IRS Code of 1986 as amended; and the City has not issued and reasonable anticipates that it will not issue Tax-Exempt obligations in the amount exceeding ten million dollars ($10,000,000) during a calendar year.

PASSED AND ADOPTED, by the City Council of the City of Pittsburg, at a regular meeting on the 6th of June, 2022 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Holland Barrett White, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
160

AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
KONICA MINOLTA BUSINESS SOLUTIONS, U.S.A., INC.

PURSUANT TO FOUNDATION FOR CALIFORNIA COLLEGES
ADMINISTRATIVE SERVICES AGREEMENT NO. 00003237
THIS Agreement (“Agreement”) is made by and between the City of Pittsburg, a municipal corporation (“City”) and Konica Minolta Business Solutions U.S.A., Inc., a New York corporation (“Konica Minolta”) (Each of City and Konica Minolta is referred to as a “Party” and together are referred to as the “Parties”) as of April __, 2022 (the “Effective Date”). Any capitalized terms not defined in this Agreement shall be given their meanings set forth in the Contract (as defined below).

WHEREAS, Foundation for California Community Colleges is a non-profit entity that operates a cooperative purchasing program to pool the purchasing power of schools nationwide and allows public agencies to make purchases based on competitively bid contracts with suppliers, including Konica Minolta; and WHEREAS, City seeks to make a purchase under the terms of the Foundation for California Community Colleges Administrative Services Agreement No. 00003237 (“Contract”), for the installation and maintenance of, and training on the operation of, specified copier equipment as set forth in the attached Exhibit A, which equipment the City seeks to lease from Konica Minolta Premier Finance.

NOW, THEREFORE, City and Konica Minolta agree as follows:

1. City shall purchase and use, and Konica Minolta shall sell and provide, the Products and Services set forth in the attached Exhibit A subject to the terms and conditions of the Contract, attached hereto as Exhibit B, except as specifically set forth in this Agreement.

2. Governing Law and Venue. The laws of the State of California shall govern this Agreement. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the State courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

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

4. Special Conditions. The following special conditions shall apply to this Agreement:
161
a. Hard drive retention: removal of certain fleet devices from a City facility may include hard drive retention depending on the device model and configuration.

To the extent available for City’s fleet devices, at the time of disposal, the internal hard drive will be removed, sealed in a container and surrendered to City. The cost for removal of the hard drive will be one hundred dollars ($100) per hard drive. This Section shall also apply to devices from the new fleet, at the end of the contract term.
b. During the contract term, in the event of a hard drive failure on a device from the new fleet and to the extent available for City’s fleet devices, the internal hard drive will be removed, sealed in a container and surrendered to City. A replacement hard drive will be installed and re-initialized at no cost to City provided that City signs Konica Minolta’s MFP Hard Drive Secure Disposal Service Agreement, attached hereto and incorporated herein as Exhibit C. c. Konica Minolta shall utilize a secure network to access copiers located at City for any troubleshooting or meter reading requirements. Konica Minolta shall test its security safeguards, including through the use of penetration or vulnerability testing, and shall make reports available to City whenever requested.

5. Order of Precedence. In the event of any inconsistency between this Agreement, the Contract and any other document referenced or incorporated herein, the terms of this Agreement shall govern.

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

CITY OF PITTSBURG KONICA MINOLTA BUSINESS SOLUTIONS
U.S.A., INC.
____________________________ ______________________________ Garrett Evans, City Manager [NAME & TITLE]
Attest:
____________________________
Alice E. Evenson, City Clerk
Approved as to Form:
____________________________
Donna Mooney
162
Barry Hadsell
(925) 784-1993
[email protected]
Proposal for:

The City of Pittsburg
May 10, 2022
163
Lease Rates: The leasing company reserves the right to adjust Lease Rates quoted herein if the Swap Rate as reported for the business day prior to the Commencement Date is higher than the Swap Rate as of the date of this communication (the “Initial Rate Date”) in an amount equal to the difference between the Swap Rate on the Initial Rate Date and the Swap Rate on the business day before the Commencement Date. “Swap Rate”
means the interest rate for swaps that most closely
approximates the Term as published by the Intercontinental Exchange (NYSE:ICE) in its ICE Benchmark Administration Report entitled “ICE Swap Rate Historical Rates (Series/Run USD Rates SOFR 1100)” (https:/www.theice.com/marketdata/reports/180) (or as published by such other nationally recognized reporting source or publication as we may now or hereafter specify).

A Note on Validity of Pricing:

Equipment: Equipment purchasing pricing will be held firm for the term of the FCCC Contract which expires on April 4th, 2024. 164
Barry Hadsell
Major Account Executive
925-784-1993
[email protected]
Chris Henderson
Major Account Sales Manager
415-310-7683
[email protected]
Oliver Ferrasci
Business Solution Consultant
510-708-5148
[email protected]
Natalie Garcia
Service Manager
925-262-2803
[email protected]
Konica Minolta Team
165
FCCC Contract Advantages
• No Need To:
• Develop RFQ/RFP/RFI (Legalities)
• Advertise, announce the solicitation, post it, pre-bid meetings...
• Deal with costly protests - Contract was competitively Solicited by a public agency.
• Negotiate or manage contract
Fleet Refresh
166
• 30 PPM Print/Copy
• 10.1” Touch Screen Control Panel
• Dual Scanning up to 200 ipm
• 2 Paper Drawers (2 x 500 sheets)
• Print/Copy up to 12”x18”
• Copy Desk (storage)
• 50 Sheet Inner Stapler
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub 300i -Configuation 1
1) Utility Billing Payment Center
167
• 30 PPM Print/Copy
• 10.1” Touch Screen Control Panel
• Dual Scanning up to 200 ipm
• 4 Paper Drawers (4 x 500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Inner Stapler
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub 300i -Configuation 2
1) Building Lobby – 1st FL
168
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 4 Paper Drawers (4 x 500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Inner Stapler
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i -Configuation 1
1) Police - Report Writing, 2) City Manager’s Office, 3) Island Energy, 4) Police Evidence, 5) Police - Sergeants, 6) Senior Center 169
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 2 Paper Drawers (2 x 500 sheets)
• 1 Internal Large Capacity Paper
Drawer (2,500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Floor Stapler
• 2/3 Hole Punch
• Fax Kit
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i –Configuration 2
1) Housing Authority
170
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 2 Paper Drawers (2 x 500 sheets)
• 1 Internal Large Capacity Paper
Drawer (2,500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Floor Stapler
• Fax Kit
• Local Interface Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i –Configuration 3
1) Police – Chief’s Office
171
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 4 Paper Drawers (4 x 500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Inner Stapler
• 2/3 Hole Punch
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i –Configuration 4
1) Public Works - I, 2) Public Works – II, 3) Public Works – III, 4) Water Treatment Plant, 5) Environmental Center
172
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 4 Paper Drawers (4 x 500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Saddle Stitch/Folder
Stapler
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i –Configuration 5
1) Dev Services, 2) Marina
173
• Up to 55 PPM Print/Copy
• 10” Touch Screen Control Panel
• Dual Scanning up to 280 ipm
• 4 Paper Drawers (4 x 500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Saddle Stitch/Folder
Stapler
• 2/3 Hole Punch
• Fax Kit
• External Keyboard
*Image for illustrative purpose only
Proposed Equipment
bizhub C550i –Configuration 6
1) Human Resources
174
Proposed Equipment
bizhub C650i –Configuration 1
1) Finance - Mailroom
• Up to 65 PPM Print/Copy
• Dual Scanning up to 280 ipm
• Large 10” Floating Color Display
• 2 Paper Drawers (2 x 500 sheets)
• 1 Internal Large Capacity Paper
Drawer (2,500 sheets)
• Print/Copy up to 12”x18”
• 50 Sheet Floor Stapler
• 2/3 Hole Punch
• Fax Kit
*Image for illustrative purpose only
175
• Up to 65 PPM Print/Copy
• Dual Scanning up to 280 ipm
• Large 10” Floating Color Display
• 2 Paper Drawers (2 x 500 sheets)
• 1 Internal Large Capacity Paper
Drawer (2,500 sheets)
• External Large Capacity Paper
Supply (letter, legal, 11x17, 12x18)
• Print/Copy up to 12”x18”
• 100 Sheet Floor Stapler
• 2/3 Hole Punch
• Fax Kit
• External Keyboard
*Image for illustrative purposes only
Proposed Equipment
Bizhub C650i – Configuration 2
1) Community Dev. - Copy Room, 2) City Clerk
176
• Up to 75 PPM Print/Copy
• Dual Scanning up to 280 ipm
• Large 10” Floating Color Display
• 2 Paper Drawers (2 x 500 sheets)
• 1 Internal Large Capacity Paper
Drawer (2,500 sheets)
• Print/Copy up to 12”x18”
• 100 Sheet Saddle-Stitch/Folder
Stapler
• 2/3 Hole Punch
• Z-Folding Unit
• Fax Kit
*Image for illustrative purposes only
Proposed Equipment
Bizhub C750i – Configuration 1
1) Police – Records, 2) Police - Investigations
177
Current Costs
Model B/W or
Color Serial No. Features Location Purchase
Price
Monthly
Min B&W Color
Avg Mo.

Vol
(B&W)
Avg Mo.

Vol
(Color)
Avg Mo.

Cost
(B&W)
Avg Mo.

Cost
(Color)
Total Mo.

Cost
BIZHUB 287 B/W A7AH011003217
28ppm, Auto Doc Feeder, (4) 500 sht
paper drawers, Inner Finisher (50 sht),
External Keyboard, Fax
BUILDING LOBBY - 1ST FL $3,236.88 $0.00 0.0055 N/A 2,675 0 $14.71 $0.00 $14.71 BIZHUB 287 B/W A7AH011002833
28ppm, Auto Doc Feeder, (2) 500 sht
paper drawers, Storage Cabinet, Inner
Finisher (50 sht), External Keyboard, Fax
POLICE - REPORT WRITING $2,923.53 $0.00 0.0055 N/A 5,552 0 $30.54 $0.00 $30.54 BIZHUB 287 B/W A7AH011003209
28ppm, Auto Doc Feeder, (2) 500 sht
paper drawers, Storage Cabinet, Inner
Finisher (50 sht), External Keyboard, Fax

UTILITY BILLING PAYMENT
CENTER $2,923.53 $0.00 0.0055 N/A 5,827 0 $32.05 $0.00 $32.05 BIZHUB 654E B/W A5YN017011435
65ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, (1) 2,500
sht external paper supply, Finisher (100
sht), 2/3 Hole Punch, External Keyboard,
Fax
CITY CLERK $7,689.92 $0.00 0.0050 N/A 7,518 0 $37.59 $0.00 $37.59 BIZHUB 654E B/W A5YN017009867
65ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, (1) 2,500
sht external paper supply, Finisher (100
sht), 2/3 Hole Punch, External Keyboard,
Fax
COMM. DEV. COPY ROOM $7,689.92 $0.00 0.0050 N/A 7,217 0 $36.09 $0.00 $36.09 BIZHUB C368 Color A7PU011018696
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
CITY MANAGER'S OFFICE $4,229.86 $0.00 0.0055 0.040 3,815 2,144 $20.98 $85.76 $106.74 BIZHUB C368 Color A7PU011018176
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
DEV. SERVICES $4,229.86 $0.00 0.0055 0.040 4,803 5,102 $26.42 $204.08 $230.50 BIZHUB C368 Color A7PU011018819
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
ENVIRONMENTAL CENTER $4,229.86 $0.00 0.0055 0.040 2,615 496 $14.38 $19.84 $34.22 BIZHUB C368 Color A7PU011018998
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
ISLAND ENERGY $4,229.86 $0.00 0.0055 0.040 1,570 1,483 $8.64 $59.32 $67.96 BIZHUB C368 Color A7PU011017936
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
POLICE - EVIDENCE $4,229.86 $0.00 0.0055 0.040 654 448 $3.60 $17.92 $21.52 BIZHUB C368 Color A7PU011020652
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
POLICE - SERGEANTS $4,229.86 $0.00 0.0055 0.040 2,562 1,563 $14.09 $62.52 $76.61 BIZHUB C368 Color A7PU011018876
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
PUBLIC WORKS - I $4,229.86 $0.00 0.0055 0.040 2,506 553 $13.78 $22.12 $35.90 BIZHUB C368 Color A7PU011018839
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
SENIOR CENTER $4,229.86 $0.00 0.0055 0.040 3,605 1,102 $19.83 $44.08 $63.91 BIZHUB C368 Color A7PU011018142
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), External
Keyboard, Fax
MARINA $4,229.86 $0.00 0.0055 0.040 1,456 761 $8.01 $30.44 $38.45 BIZHUB C368 Color A7PU011018202
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), 2/3 Hole
Punch, External Keyboard, Fax
PUBLIC WORKS - II $4,393.42 $0.00 0.0055 0.040 2,343 655 $12.89 $26.20 $39.09 BIZHUB C368 Color A7PU011019755
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), 2/3 Hole
Punch, External Keyboard, Fax
WATER TREATMENT PLANT $4,393.42 $0.00 0.0055 0.040 1,330 524 $7.32 $20.96 $28.28 BIZHUB C368 Color A7PU017006586
36ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, Finisher
(50 sht), Local Interface Kit, External
Keyboard, Fax
POLICE - CHIEF'S OFFFICE $4,483.89 $0.00 0.0055 0.040 566 413 $3.11 $16.52 $19.63 BIZHUB C368 Color A7PU011018888
36ppm, Dual Scanner, (4) 500 sht paper
drawers, Saddle Stitch Finisher (50 sht),
2/3 Hole Punch, External Keyboard, Fax
HUMAN RESOURCES $4,955.20 $0.00 0.0055 0.040 5,002 1,207 $27.51 $48.28 $75.79 BIZHUB C654E Color A2X1017018199
65ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, Finisher
(50 sht), 2/3 Hole Punch, Fax
FINANCE - MAILROOM $7,546.83 $0.00 0.0055 0.040 16,094 4,198 $88.52 $167.92 $256.44 BIZHUB C654E Color A2X1017017904
65ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, Finisher
(50 sht), 2/3 Hole Punch, Fax
HOUSING AUTHORITY $7,546.83 $0.00 0.0055 0.040 9,665 1,858 $53.16 $74.32 $127.48 BIZHUB C654E Color A2X1017018161
65ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, Finisher
(50 sht), 2/3 Hole Punch, Fax
POLICE - RECORDS $7,546.83 $0.00 0.0055 0.040 16,656 1,681 $91.61 $67.24 $158.85 $103,398.94 $1,532.32
$1,974.92
$3,507.24
Current Situation
Total Purchase Price Total Avg Monthly Service Cost
Total Monthly Lease Cost (60 mo.)
Total Monthly Cost
178
Proposed Solution
Model B/W or
Color? Features Location Purchase
Price
Monthly
Min B&W Color
Avg Mo.

Vol
(B&W)
Avg Mo.

Vol
(Color)
Avg Mo.

Cost
(B&W)
Avg Mo.

Cost
(Color)
Total Mo.

Cost
BIZHUB 300i B/W
30ppm, Dual Scanner, (2) 500 sht paper drawers,
Storage Cabinet, Inner Finisher, External Keyboard,
Fax
UTILITY BILLING PAYMENT CENTER $3,074.46 $0.00 0.00450 N/A 5,827 0 $26.22 $0.00 $26.22 BIZHUB 300i B/W 30ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax BUILDING LOBBY - 1ST FL $3,331.11 $0.00 0.00450 N/A 2,675 0 $12.04 $0.00 $12.04 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax CITY MANAGER'S OFFICE $4,317.01 $0.00 0.00450 0.030 3,815 2,144 $17.17 $64.32 $81.49 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax ISLAND ENERGY $4,317.01 $0.00 0.00450 0.030 1,570 1,483 $7.07 $44.49 $51.56 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher, External Keyboard, Fax POLICE - REPORT WRITING $4,317.01 $0.00 0.00450 0.030 5,552 0 $24.98 $0.00 $24.98 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax POLICE - EVIDENCE $4,317.01 $0.00 0.00450 0.030 654 448 $2.94 $13.44 $16.38 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax POLICE - SERGEANTS $4,317.01 $0.00 0.00450 0.030 2,562 1,563 $11.53 $46.89 $58.42 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Inner Finisher (50 sht), External Keyboard, Fax SENIOR CENTER $4,317.01 $0.00 0.00450 0.030 3,605 1,102 $16.22 $33.06 $49.28 BIZHUB C550i Color
55ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, Finisher (50 sht), 2/3 Hole
Punch, Fax
HOUSING AUTHORITY $4,388.75 $0.00 0.00450 0.030 9,665 1,858 $43.49 $55.74 $99.23 BIZHUB C550i Color
55ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, Finisher (50 sht), Local
Interface Kit, External Keyboard, Fax
POLICE - CHIEF'S OFFICE $4,438.81 $0.00 0.00450 0.030 566 413 $2.55 $12.39 $14.94 BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper drawers,
Inner Finisher (50 sht), 2/3 Hole Punch, External
Keyboard, Fax
ENVIRONMENTAL CENTER $4,455.92 $0.00 0.00450 0.030 2,506 553 $11.28 $16.59 $27.87 BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper drawers,
Inner Finisher (50 sht), 2/3 Hole Punch, External
Keyboard, Fax
PUBLIC WORKS - I $4,455.92 $0.00 0.00450 0.030 2,506 553 $11.28 $16.59 $27.87 BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper drawers,
Inner Finisher (50 sht), 2/3 Hole Punch, External
Keyboard, Fax
PUBLIC WORKS - II $4,455.92 $0.00 0.00450 0.030 1,485 655 $6.68 $19.65 $26.33 BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper drawers,
Inner Finisher (50 sht), 2/3 Hole Punch, External
Keyboard, Fax
WATER TREATMENT PLANT $4,455.92 $0.00 0.00450 0.030 1,330 524 $5.99 $15.72 $21.71 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Saddle Finisher (50 sht), External Keyboard, Fax DEV SERVICES $5,018.19 $0.00 0.00450 0.030 4,803 5,102 $21.61 $153.06 $174.67 BIZHUB C550i Color 55ppm, Dual Scanner, (4) 500 sht paper drawers, Saddle Finisher (50 sht), External Keyboard, Fax MARINA $5,018.19 $0.00 0.00450 0.030 1,456 761 $6.55 $22.83 $29.38 BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper drawers,
Saddle Stitch Finisher (50 sht), 2/3 Hole Punch,
External Keyboard, Fax
HUMAN RESOURCES $5,157.10 $0.00 0.00450 0.030 5,002 1,207 $22.51 $36.21 $58.72 BIZHUB C650i Color
65ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, Finisher (50 sht), 2/3 Hole
Punch, Fax
FINANCE - MAILROOM $5,400.75 $0.00 0.00450 0.030 16,094 4,198 $72.42 $125.94 $198.36 BIZHUB C650i Color
65ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, (1) 2,500 sht external paper
supply, Finisher (100 sht), 2/3 Hole Punch, External
Keyboard, Fax
CITY CLERK $6,429.63 $0.00 0.00450 0.030 7,518 0 $33.83 $0.00 $33.83 BIZHUB C650i Color
65ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, (1) 2,500 sht external paper
supply, Finisher (100 sht), 2/3 Hole Punch, External
Keyboard, Fax
COMMUNITY DEV. - COPY ROOM $6,429.63 $0.00 0.00450 0.030 7,217 0 $32.48 $0.00 $32.48 BIZHUB C750i Color
75ppm, Dual Scanner, (2) 500 sht, and (1) 2,500 sht
internal paper supplies, Saddle Finisher (100 sht),
2/3 Hole Punch, Z-Fold, Fax
POLICE - RECORDS $9,248.10 $0.00 0.00450 0.030 16,656 1,681 $74.95 $50.43 $125.38 $101,660.46 $1,191.14
$2,073.87
$3,265.01
Total Monthly Lease Cost (60 mos.)
Total Monthly Cost
Proposed Solution - Fleet Refresh
Total Average Monthly Service CostTotal Purchase Price
179
Current vs. Proposed*
(Total Savings per Month)
* Excludes the new devices for Public Works III and Police - Investigations Current Proposed Difference
$1,532.32 $1,191.14 -$341.18
$1,974.92 $2,073.87 $98.95
$3,507.24 $3,265.01 -$242.23
Comparison
Total Avg. Monthly Service Cost
Total Monthly Lease Cost (60 mo.)
Total Monthly Cost
180
Proposed Solution
Public Works III and Police - Investigations
Model B/W or
Color? Features Location Purchase
Price
Monthly
Min B&W Color
Avg Mo.

Vol
(B&W)
Avg Mo.

Vol
(Color)
Avg Mo.

Cost
(B&W)
Avg Mo.

Cost
(Color)
Total
Mo. Cost
BIZHUB C550i Color
55ppm, Dual Scanner, (4) 500 sht paper
drawers, Inner Finisher (50 sht), 2/3 Hole
Punch, External Keyboard, Fax
PUBLIC WORKS - III $4,455.92 $0.00 0.00450 0.030 2,343 618 $10.54 $18.54 $29.08 BIZHUB C750i Color
75ppm, Dual Scanner, (2) 500 sht, and (1)
2,500 sht internal paper supplies, Saddle
Finisher (100 sht), 2/3 Hole Punch, Z-Fold,
Fax
POLICE - INVESTIGATIONS $9,248.10 $0.00 0.00450 0.030 11,581 5,920 $52.11 $177.60 $229.71 $13,704.02 $258.80
$279.57
$538.37
Proposed Solution
Total Purchase Price Total Average Monthly Service Cost Total Monthly Lease Cost (60 mos.)
Total Monthly Cost
181
Advantages of New Solution
1) Happier End-users!
a. 30ppm vs. 28ppm (bizhub 287 vs. new bizhub 300i)
b. 55ppm vs. 36ppm (bizhub C368 vs. new bizhub C550i)
2) New Technology
a. More Reliable
b. State of the Art Features
3) Lower Maintenance Costs
4) Lower Lease Costs
182
Equipment Pricing Includes…
• Delivery
• Network Installation
• Training
Maintenance Pricing Includes…
• Parts
• On-Site Labor
• Toner
• Fixed Service Rates:
• Lease – Equal to the length of the lease term (locked for up to 60 months)
183
Fleet Maintenance Rates
Cost per Copy (CPC)
• Proposed New Equipment CPC Rates
– B/W = $.0045
– Color = $.03
• Current Equipment - Renewal CPC Rates
(for current equipment a dept may want to keep)
– B/W = $.00605
– Color = $.044
– Exception: bizub 654e B/W = $.0055
184
185

00003237_Konica Minolta Business Solutions Page 1 of 8

FOUNDATION FOR CALIFORNIA COMMUNITY COLLEGES

ADMINISTRATIVE SERVICES AGREEMENT

Agreement No. 00003237

This ADMINISTRATIVE SERVICES AGREEMENT (“Agreement”) is made this 12th day of March, 2020 (“Effective Date”), between the Foundation for California Community Colleges (“Foundation”) and Konica Minolta Business Solutions, U.S.A., Inc. (“Supplier”).

RECITALS

WHEREAS, the Foundation for California Community Colleges (“Foundation”) is the official auxiliary organization for the California Community College (“CCC”) Board of Governors, Chancellor’s Office, and CCC system. It is a private, non-profit 501(c)(3) organization. The Foundation was formed and began operations in the spring of 1998-after the Board of Governors of the CCC had disassociated with the prior California Community Colleges Foundation in late 1997; and

WHEREAS, Los Angeles Community College District (“LACCD”), a California public school district, has entered into a Master Agreement 4500274899 dated August 14, 2019, attached hereto as Exhibit A (“Master Agreement”) by and between LACCD and Supplier, as may be amended from time to time in accordance with the terms thereof, for Cost Per Copy Print Services and Ancillary Services, as more fully described in the Master Agreement (“Product”); and

WHEREAS, Supplier desires to make the Master Agreement available to any or all public agencies, public and private school districts, public and private colleg es or universities, or the Foundation in California (collectively, "Participating Public or Private Agencies"), where they may purchase Products at prices stated in the terms of the Master Agreement; and

WHEREAS, Supplier desires to include additional Supplier products that fall outside those awarded under Master Agreement 4500274899, as allowed under California Public Contract Code 20661, and attached hereto and incorporated by reference as Exhibit B.2.

WHEREAS, Supplier desires to provide additional products to this Agreement not included in its Master Agreement with LACCD;

WHEREAS, The Foundation develop ed, supports, and operates collegebuys.org (“CollegeBuys”), a cooperative purchasing program designed to pool the purchasing power of public and private schools across the nation and, as a result, the Foundation is in a un ique and valuable position to provide Supplier with marketing and promotional services for the Product; and 186

00003237_Konica Minolta Business Solutions Page 2 of 8

WHEREAS, CollegeBuys was established in 1999 and represents over 1800 colleges and universities nationwide and is the largest higher education purchasing consortium nationwide. CollegeBuys focuses on facilities and construction related material and equipment; technology hardware, software and other technology; and higher education related products and services; and

WHEREAS, CollegeBuys seeks to improve the overall valu e and selection process of various facilities items, while leveraging the buying power of and providing a purchasing forum for educational institutions and public agencies. Some agreements will be based upon competitively bid vehicles through a lead agency, utilizing a thorough and business focused process which will raise the performance of the ultimate solution for these entities. Some Foundation agreements may not require a competitive solicitation through a lead agency.

THEREFORE, in consideration of the payments to be made and the mutual covenants contained in this Agreement, the Foundation and Supplier agree as follows:

1. TERMS AND CONDITIONS

1.1 Obligations of the Foundation.

1.1.1 Promotional Services. The Foundation shall utilize CollegeBuys in order to publicize and promote the availability of the Product under the Master Agreement (“Promotional Services”) with all California Community Co lleges, Public Colleges, and AICCU institutions.

1.2 Obligations of Supplier.

1.2.1 In consideration of the Foun dation’s promotional services described in Paragraph 1.1.1 above, Supplier shall pay the Foundation the Ad ministrative Fee pursuant to section 3 of this Agreement.

1.2.2 Supplier shall comply with the Supplier Commitments attached hereto and incorporated herein as Exhibit C.

1.2.3 Supplier shall comply with the Supplier Program Standards attached hereto and incorporated herein as Exhibit D.

1.2.4 Supplier’s failure to maintain the Commitments or comply with the Program St andards identified in Exhibits C and D, respectively, shall be a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, is cause for termination of this Agreement at the Foundation's sole discretion.

1.2.5 Upon request, Supplier shall make available to potential Participating Agencies a copy of the Master Agreement and such price lists or quotes as may be necessary to evaluate potential purchases. Supplier authorizes the Foundation’s use of Supplier’s name, trademarks, and materials in promoting the use of the Master Agreement and purchasing program.

1.3 Insurance. Upon request within ten (10) days of formal commitment to utilize the Agreement, the Supplier and each Subcontractor identified in its Subcontractors List issued by the Supplier shall 187

00003237_Konica Minolta Business Solutions Page 3 of 8

deliver to the agency taking part in the agreement Certificates of Insurance evidencing the insurance coverage in the minimum amounts noted below. The foregoing notwithstanding, a Participating Agency may require additional or different insurance coverage or minimum amounts in connection with the use of the agreement. In such event, such additional or different insurance requirements shall be noted in writing from th e Participating Agency, and the Supplier shall comply with the same.

1.3.1 Workers’ Compensation Insurance. The Supplier and all Subcontractors to the Supplier shall obtain and maintain Workers’ Compensation Insurance with coverage amounts under such policies in accordance with applicable law.

1.3.2 Commercial General Liability Insurance. The Supplier and all Subcontractors to the Supplier shall obtain and maintain Commercial General Liability Insurance Policies covering: injuries, including accidental death, to persons, damage to property, completed operations, and contractual liability. Minimum coverage amounts under each such Commercial General Liability insurance policy shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.

1.3.3 Modifications; Cancellation; Additional Insured. Each Participating Agency hereunder shall be included as additional named insured to the Commercial General Liability insurance policies of the Supplier and its Subcontractors. The Workers’ Compensation insurance policy and the General Liability insurance policy of the Supplier and each Subcontractor shall include provisions that the policy terms will not be materially modified and the policy will not be cancelled or terminated without at least thirty (30) days advance written notice to the Participating Agency, as applicable. Konica Minolta agrees that its insurance policies and certificates shall contain standard cancellation language. Should any of the policies be cancelled prior to the expiration thereof, notification shall be provided in accordance with policy provisions.

2. SPECIFIC PROVISIONS

2.1 Term. This Agreement shall be coterminous with the Term agreed upon in Exhibit A, between LACCD and Supplier.

2.2 Right to Terminate. Foundation has the right to terminate this Agreement for any reason, without penalty, at any time by providing Supplier with written notice of the termination at least thirty (30) days in advance. Foundation or a participating Agency may not terminate any orders that have shipped to a Foundation or a Participating Agency location prior to termination. Foundation or Participating Agency shall issue all payments owed to Supplier up to point of termination, as applicable. Termination for Convenience of this Agreement will not apply to any separate and standalone lease agreement entered into by the Foundation or a Participating Agency.

2.3 Terms and Conditions in Master Agreement. The terms and conditions of the Master Agreement, attached as Exhibit A, shall apply and are incorporated by reference into this Agreement except as otherwise provided in this Agreement.

2.4 Use of Logo. The Foundation’s prior review and written approval is required for any use of the Foundation or CollegeBuys name or logo by the Supplier in marketing materials including but not limited to: press releases, print pieces, broadcast emails, and website postings.
188

00003237_Konica Minolta Business Solutions Page 4 of 8

3. QUARTERLY FEES & REPORTING

3.1 Quarterly Administrative Fee. Supplier shall pay Foundation a quarterly administrative fee in the amount of 2% of the total purchase invoice, less taxes, additional services (excluding included services) and transportation for all purchases of Participating Public or Private Agencies under said Master Agreement and provide the Foundation with an electronic accounting report, in a format prescribed by the Foundation, summarizing all purc hases under the Agreement. A sample of the reporting format appears at Exhibit E. Quarterly reports are due within fifteen (15) calendar days after the conclusion of the preceding quarter. Qu arterly administrative fees applicable to each quarter, are due within thirty (30) days of the end of each calendar quarter. The Foundation reserves the right, upon thirty (30) days advance notice to the Supplier, to change the prescribed reporting format. Administrative fee payments shall be ma de by check to the Foundation for California Community Colleges.

3.2 Accounting. Supplier shall at its expense maintain an accounting of all purchases made by Participating Public and Private Agencies. The Foundation reserves the right to audit the accounting for a period of four (4) years from the date the Foundation receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designated by the Foundation. Quarterly reports and the administrativ e fee applicable to each quarter, as described in item 16 above, are due within thirty (30) days of the end of each calendar quarter.

3.3 Material Breach. Failure to provide a quarterly report within fifteen (15) days and payment within thirty (30) days, as specified in Paragraph 3.2 shall be regarded as material breach under this Agreement, and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Agreement at the Foundation's sole discretion. All administrative fees not paid within sixty (60) days of the end of each quarter shall bear interest at the rate of one and one half percent (1.5 %) per month until paid.

3.4 Errors and Omissions on Quarterly Reporting a nd Overpayment of Administrative Fee to the Foundation. Supplier is provided ninety (90) days or until the conclusion of the subsequent quarter (whichever comes first) from when a quarterly report was due or submitted, to correct error(s) and/or omission(s) on a quarterly report; and/or to recover an overpayment of the administrative fee from the Foundation. Once the ninety (90) days or the conclusion of the subsequent quarter (whichever comes first) has lapsed, the Foundation reserves the right to retain the amount of the overpaid administrative fee. The Foundation al so reserves the right to recover any unpaid administrative fee(s) from the Supplier discovered during an audit conducted pursuant to Section

3.2 above, and/or the correction of error(s) and/or omission(s) on quarterly report(s).

3.5 Right to Compare Records. The Foundation or its designee may, at the Foundation's sole discretion, compare Participating Agency records with quarterly reports submitted by Supplier. If there is a material discrepancy, the Foundation will notify th e Supplier in writing. The Supplier will have sixty (60) days from the date of such notice to resolve the discrepancy to the Foundation's reasonable satisfaction. If the Supplier does not resolve the said discrepancy, the Foundation shall have the right to engage outside services to conduct an independent audit of the Supplier’s quarterly reports. Audits shall be conducted no more than once per year, upon reasonable notice to Supplier, during Supplier’s normal business hours, and shall cause minimal business disruption. If the audit reveals a material discrepancy, the Supplier shall be obligated to reimburse the Foundation's 189

00003237_Konica Minolta Business Solutions Page 5 of 8

reasonable costs and expenses directly related to the review of records and reports; the audit; Foundation staff time; and expenses, counsel, and collection.

4. GENERAL PROVISIONS

4.1 Purchasing. With respect to any purchases by a Participating Agency pursuant to the Agreement, the Foundation: (i) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of the Supplier or such Participatin g Agency; (ii) shall not be obligated, liable or responsible for any order made by Participatin g Agency or any employee thereof under the Agreement, or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable, or responsible for any failure by any Participating Agency to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the Agreement. The Foundation makes no representation or guaranty with respect to any minimum purchases by any Participating Agency or any employee thereof under this Agreement.

4.2 Entire Agreement. This Agreement supersedes an y and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

4.3 Modification and Waiver. Except as provided otherwise herein, this Agreement may not be modified except by a writing signed by an authorized representative of both parties. A waiver by either party of its rights hereunder shall not be bi nding unless contained in a writing signed by an authorized representative of the party waiving its rights. The non-enforcement or waiver of any provision shall not constitute a waiver of such provision on any other occasion unless expressly so agreed in writing.

4.4 Assignment. Neither party may assign this Agreement without the prior written consent of the other party which shall not be unreasonably withheld. The consent requirement shall not apply to an assignment to a successor corporation in the event of a merger or acquisition. Further, each party may assign this Agreement without consent to any of its affiliates. Subject to the foregoing, this Agreement will be binding on the heirs, executors, administrators, successors, and assigns of the respective parties.

4.5 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative, or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatsoever.

4.6 Notices. All reports, notices, and other written or electronic communications given under this Agreement shall be delivered by email or by express delivery requiring signature on receipt to the addresses as set forth below. The Foundation may, by written or electronic notice delivered to the Supplier, designate any different electronic or physical addresses to which subsequent reports, notices or other communications shall be sent.

4.6.1 Foundation

Foundation for California Community Colleges
190

00003237_Konica Minolta Business Solutions Page 6 of 8

1102 Q Street, Suite 4800
Sacramento, CA 95811
Attn: Jorge J.C. Sales
Executive Director of Program Development
Email: [email protected]

4.6.2 Supplier
Konica Minolta Business Solutions U.S.A., Inc.
1595 Spring Hill Rd.

Vienna, Virginia 22182
Attn: Paul Campana
Email: [email protected]

Copy to:

Konica Minolta Business Solutions U.S.A., Inc.
100 Williams Drive
Ramsey, NJ 07446
Attn: Legal Department

4.6.3 Written notice shall be deemed to have been duly served if delivered at or sent by registered or certified mail to the address provided by Supplier in Paragraph 4.4.2 above.

4.7 Governing Law. This Agreement shall be governed exclusively by and construed in accordance with the applicable laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Sacramento, subject to transfer of venue under applicable State law.

4.8 General Indemnity. Each party to this Agreement (“Indemnitor”) shall defend, indemnify, and hold harmless the other and its agents, representatives, officers, consultants, employees (collectively “Indemnitees”) from any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to, attorney’s fees and costs including fees of consultants) of any kind, nature and description (collectively “Claims”) brought by an unaffiliated third party, that results in a judgment awarded by a court of competent jurisdiction, or as part of a final settlement, and that directly arises out of, is connected with, or results from, the gross negligence, or willful misconduct of the Indemnitor or its agents or employees in the performance of or failure to perform Indemnitor’s obligations under this Agreement and that results in death or personal physical injury, or damage to tangible personal pr operty suffered or incurred by the Indemnified Party. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party, person, or entity described in this paragraph.

4.9 Limitation of Liability. In no event shall either parties’ aggregate liability arising out of or related to this Agreement, whether in contract, tort, or under any other theory of liability exceed the amounts paid by the Foundation for California Community Colleges under this Agreement.

4.10 Independent Parties. This Agreement does not constitute, give effect to, or otherwise imply a joint venture, pooling arrangement, partnership, or formal or informal business organization of any kind, or (except as expressly set forth herein) any sort of agency relationship between the parties. Neither party will, or will have the power to, bind the other party to any third party without 191

00003237_Konica Minolta Business Solutions Page 7 of 8

the prior written consent of the other party. The relationship of Supplier and the Foundation under this Agreement is that of independent contractors. Neither party (the “Acting Party”) will have the authority to make any agreement or commitment, or incur any liability on behalf of the other party, nor shall such other party be liable for any acts, omissions to act, contracts, commitments, promises, or representations made by the Acting Party. Except as expressly set forth herein, this Agreement does not restrict either party from conducting business with any third party.

4.11 Precedence. This Agreement and any exhibits constitutes the entire, complete, final, and exclusive agreement between the parties with respec t to the subject matter hereof and supersedes and replaces any and all prior and contemporaneous communications between Foundation and Supplier regarding such subject matter. Any terms and conditions which are additional to or different from the terms and conditions of this Agreement are hereby deemed rejected by Foundation and shall not be of any effect or in any way binding upon the Foundation. To the extent that the terms and conditions of this Agreement conflict with, or are in any way inconsistent with, the terms and conditions of any exhibit hereto, the terms and conditions of this Agreement will prevail. The exhibits will be given precedence as follows: (1) Foundation’s Administrative Services Agreement; (2), Master Agreement between Supplier and LACCD; (3) Exhibits of this Agreement beyond the aforementioned.

4.12 Good Faith Cooperation. The parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

4.13 Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed agreement.

4.14 Authorized Representative. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective Parties, and by their signatures to bind the respective Parties to this Agreement.

Signature Page to Follow

192

00003237_Konica Minolta Business Solutions Page 8 of 8

IN WITNESS WHEREOF, the Foundation for California Community Colleges has caused this Agreement to be executed in its name, and the Supplier has caused this Agreement to be executed in its name, all as of the Effective Date.

FOUNDATION FOR CALIFORNIA COMMUNITY COLLEGES

________________________________ ________________________________

By Joseph Quintana By Julian Roberts

Title Chief Operating Officer Title Chief Financial Officer

Date ____________________________ Date ______________________________

KONICA MINOLTA BUSINESS SOLUTIONS U.S.A, INC.

_______________________________

By Terry Dixon

Title President, Direct Operations

Date ___________________________
Terry dixon (Mar 11, 2020)
Mar 11, 2020
Julian Roberts (Mar 11, 2020)
Julian Roberts
Mar 11, 2020
Mar 11, 2020
193

EXHIBIT A

MASTER AGREEMENT

• Schedule A: Product and Service Pricing
• Schedule B: Standard Maintenance Terms
• Schedule C: Konica Minolta’s Response to District’s RFP No. 18-11 • Schedule D: Customer One Guarantee
• Schedule E: Hardware Installation Check List Form

194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217

EXHIBIT B

SUPPLIER PRICING

• Exhibit B.1. – Los Angeles Community College (“LACCD”) Pricing • Exhibit B.2 – Additional Products Pricing

218
EXHIBIT B.1
LOS ANGELES COMMUNITY COLLEGE (“LACCD”) PRICING
For access to a copy of the Los Angeles Community College ("LACCD") Pricing, please contact:

CollegeBuys Contracts
[email protected]
219
EXHIBIT B.2

ADDITIONAL PRODUCTS PRICING
For access to a copy of the Additional Products Pricing, please contact:

CollegeBuys Contracts
[email protected]
220

EXHIBIT C

SUPPLIER COMMITMENT
The Foundation for California Community Colleges asks each Supplier to make four basic commitments to ensure the overall success of the program.

Corporate Commitment - A commitment that the Foundation for California Community Colleges (Foundation) has the support of senior management, and that the Foundation contract is the Supplier’s primary offering to public agencies and school districts nationwide. The Supplier shall make its existing public and private agency clients aware of its Foundation contract, and upon the public and private agency’s request, such agency will be transitioned to the Supplier’s Foundation contract.

Sales Commitment - A commitment that the Supplier will aggressively market Foundation and that the sales force will be trained, engaged and committed to offering Foundation to public and private agencies nationwide, with a further commitment that all Foundation sales be accurately and timely reported.

Service Commitment - A commitment that the Supplier will provide at minimum the level of service defined in the agreement to any and all participating public and p rivate agencies purchasing through Foundation’s contract.

Communication and Information Commitment - Establish the following communication links to facilitate customer access and communication:
❑ A toll-free national telephone for inquiries and orders ❑ Regional or toll-free fax number for inquiries and orders ❑ An email address for general inquiries
❑ Provide the following for Foundation WEB site use:
-Standard logos
-Summary of products and pricing
-Information web-link to Supplier’s website
-Overall information about Supplier
-Other promotional material as desired
221

EXHIBIT D

SUPPLIER PROGRAM PROMOTION

The Foundation for California Community Colleges ( Foundation) recognizes that each Supplier has a successful business and may choose to meet its commitments to Foundation purchasing programs in a variety of ways that best suit the supplier’s business model, organization and market approach. The following are Program Standards intended to assist the supplier in successfully implementing the Foundation contract:

Account Management Team – The Supplier shall provide an Account manager with the authority and responsibility for the overall success of the Foundation contract within the Supplier’s organization. The Supplier shall also designate a Lead Referral Contact Person, responsible for receiving communications from Foundation concerning new public agency registrations, and for ensuring timely follow up by the Supplier’s staff to requests for contact from public school districts. Additionally, Foundation suggests the Supplier implement and support a Supplier-based internet web page dedicated to the Supplier’s Foundation program and linked to the collegebuys.org website.

Quarterly Review – Upon request, Foundation will schedule a quarterly review with the Supplier to evaluate the Supplier’s performance of Supplier Commitments and Program Standards outlined herein.

Foundation for California Community Colleges Purchasin g Program Awareness – Foundation is responsible for marketing the overall Foundation purchasing program concept and programs to Participating Public and Private School Districts. Foundation marketing is intended to supplement and enhance the direct sales e ffort of the Supplier. The Supplier assists by providing camera -ready logos and by participating in related trade shows and conferences. Foundation employs a marketing team, a web based lead referral system, a network of partner associations, direct mail, the Internet and newsletters and other publications to increase collegebuys.org, awareness.

Supplier Sales - Supplier is responsible for proactive direct sales of Supplier’s goods and services to public school districts nationwide and the timely follow u p to leads established by Foundation. Use of product catalogs, targeted advertising, direct mail and other sales initiatives are encouraged. All sales materials are to use the collegebuys.org logo. Foundation will provide each Supplier with its logo and the standards to be employed in the use of the logo. At a minimum, the Supplier's sales initiatives should communicate:
❑ Contract was competitively solicited by a Public Agency; ❑ Best educational pricing focused on the Total Cost of Ownership (TCO) ❑ No cost to participate
❑ Non-exclusive contracts

Sales Force Training - Supplier is responsible for the training of its sales force on the Foundation contract.

Foundation may provide training materials and generally assist with the education of sales personnel. At a minimum, sales training should include:
❑ Key features of Foundation contract
❑ Understanding of the process of development of the Agreement ❑ Working knowledge of Foundation Organization and Solicitation Process ❑ Awareness of the range of public and private agencies districts that can access Foundation 222

EXHIBIT E

SAMPLE FORM OF SUPPLIER QUARTERLY REPORTING TO FOUNDATION FOR

CALIFORNIA COMMUNITY COLLEGES

College Name
Association Name
PO
Number
Supplier
Invoice
Number
Invoice
Amount
$
Savings

$
Foundation
Admin. Fee
$

- -

NOTE: Reports to be submitted in Microsoft Excel

*Excluding taxes, additional services and transportation

223

EXHIBIT F

COOPERATIVE UTILIZATION

(1) LIST OF CALIFORNIA COMMUNITY COLLEGES
(2) LIST OF PRIVATE UNIVERSITIES IN CALIFORNIA

224

California Community Colleges

- 1 - CollegeBuys | FCCC
District College College Address City Zip
Allan Hancock Joint CCD Allan Hancock College 800 S. College Dr. Santa Maria 93454 Antelope Valley CCD Antelope Valley College 3041 West Ave K. Lancaster 93536 Barstow CCD Barstow College 2700 Barstow Rd Barstow 92311 Butte-Glenn CCD Butte College 3536 Butte Campus Dr. Oroville 95965 Cabrillo CCD Cabrillo College 6500 Soquel Dr. Aptos 95003 Cerritos CCD Cerritos College 111110 Alondra
Boulevard Ridgecrest 93555
Chabot-Las Positas CCD Chabot College 25555 Hesperian Blvd. Hayward 94545 Chabot-Las Positas CCD Las Positas College 3033 Collier Canyon Rd. Livermore 94551
Chaffey CCD Chaffey College 5885 Haven Ave. Rancho Cucamonga 91737 Citrus CCD Citrus College 1000 West Foothill
Blvd. Glendora 91741
Coast CCD Coastline Community
College 11460 Warner Avenue Fountain Valley 92708
Coast CCD Golden West College 15744 Goldenwest St. Huntington Beach 92647 Coast CCD Orange Coast College 2701 Fairview Rd, PO
Box 5005 Costa Mesa 92628
Compton CCD Compton College 1111 Artesia Blvd. Compton 90221 Contra Costa CCD Contra Costa College 2600 Mission Bell Dr. San Pablo 94806 Contra Costa CCD Diablo Valley College 321 Golf Club Rd. Pleasant Hill 94523 Contra Costa CCD Los Medanos College 2700 E. Leland Rd. Pittsburg 94565 Copper Mountain CCD Copper Mountain College 6162 Rotary Way (PO Box 1398) Joshua Tree 92252
Desert CCD College of the Desert 43500 Monterey Ave Palm Desert 92260 El Camino CCD El Camino College 16007 Crenshaw Blvd. Torrance 90506 Feather River CCD Feather River College 570 Golden Eagle Ave Quincy 95971 Foothill-De Anza CCD De Anza College 21250 Stevens Creek Blvd. Cupertino 95014
Foothill-De Anza CCD Foothill College 12345 El Monte Rd Los Altos Hills 94022 225

California Community Colleges

- 2 - CollegeBuys | FCCC
District College College Address City Zip
Gavilan CCD Gavilan College 5055 Santa Teresa
Blvd. Gilroy 95020
Glendale CCD Glendale College 1500 N Verdugo Rd. Glendale 91208 Grossmont-Cuyamaca CCD Cuyamaca College 900 Rancho San Diego Pkwy. El Cajon 92019
Grossmont-Cuyamaca CCD Grossmont College 8800 Grossmont College Dr. El Cajon 92020
Hartnell Joint CCD Hartnell College 156 Homestead Ave. Salinas 93901 Imperial Valley CCD Imperial Valley College 380 E. Aten Imperial 92251 Kern CCD Bakersfield College 1801 Panorama Dr. Bakersfield 93305 Kern CCD Cerro Coso
Community College
3000 College Heights
Blvd Ridgecrest 93555
Kern CCD Porterville College 100 E College Ave. Porterville 93257 Lake Tahoe CCD Lake Tahoe
Community College 1 College Dr. So. Lake Tahoe 96150
Lassen CCD Lassen College P.O. Box 3000 Susanville 96130 Long Beach CCD Long Beach City College -
Liberal Arts
1305 E Pacific Coast
Hwy Long Beach 90806
Los Angeles CCD East Los Angeles College 1301 Avenida Cesar Chavez Monterey Park 91754
Los Angeles CCD Los Angeles City College 855 N Vermont Ave. Los Angeles 90029 Los Angeles CCD Los Angeles
Harbor College 1111 Figueroa Pl. Wilmington 90744
Los Angeles CCD Los Angeles
Mission College 13356 Eldridge Ave Sylmar 91342
Los Angeles CCD Los Angeles
Pierce College
6201 Winnetka Ave.,
PMB 103 Woodland Hills 91371
Los Angeles CCD Los Angeles
Southwest College 1600 Imperial Hwy. Los Angeles 90047
Los Angeles CCD Los Angeles
Trade-Tech College
400 W. Washington
Blvd. Los Angeles 90015
Los Angeles CCD Los Angeles Valley College 5800 Fulton Ave. Valley Glen 91401 Los Angeles CCD West Los Angeles College 9000 Overland Ave. Culver City 90230 Los Rios CCD American River College 4700 College Oaks Dr. Sacramento 95841 226

California Community Colleges

- 3 - CollegeBuys | FCCC
District College College Address City Zip
Los Rios CCD Cosumnes River College 8401 Center Pkwy. Sacramento 95823 Los Rios CCD Folsom Lake College 100 Clarksville Road Folsom 95630 Los Rios CCD Sacramento City College 3835 Freeport Blvd. Sacramento 95822 Marin CCD College of Marin 835 College Ave. Kentfield 94904 Mendocino-Lake CCD Mendocino College 1000 Hensley Creek Rd. Ukiah 95482 Merced CCD Merced College 3600 M Street Merced 95348
MiraCosta CCD MiraCosta College One Bernard Dr. Oceanside 92056 Monterey Peninsula CCD Monterey Peninsula College 980 Fremont St. Monterey 93940 Mt. San
Jacinto CCD Mt. San Jacinto College 1499 N State St. San Jacinto 92583 Mt. San Antonio CCD Mt. San Antonio College 1100 N Grand Ave. Walnut 91789 Napa Valley CCD Napa Valley College 2277 Napa-Vallejo
Hwy. Napa 94558
North Orange County CCD Cypress College 9200 Valley View Street Cypress 90630 North Orange County CCD Fullerton College 321 E. Chapman Ave. Fullerton 92832 Ohlone CCD Ohlone College 43600 Mission Blvd. Fremont 94539 Online CCD Calbright College 1070 Innovation Way Sunnyvale 94089 Palo Verde CCD Palo Verde College One College Dr. Blythe 92225 Palomar CCD Palomar College 1140 West Mission Rd San Marcos 92069 Pasadena
Area CCD Pasadena City College 1570 E. Colorado Blvd. Pasadena 91106 Peralta CCD Berkeley City College 2050 Center Street Berkeley 94707 Peralta CCD College of Alameda 555 Atlantic Avenue Alameda 94501 Peralta CCD Laney College 900 Fallon Street Oakland 94607 Peralta CCD Merritt College 12500 Campus Dr. Oakland 94619 Rancho
Santiago CCD Santa Ana College 1530 w. 17TH St. Santa Ana 92706 Rancho
Santiago CCD Santiago Canyon College 8045 E. Chapman Ave. Orange 92869 227

California Community Colleges

- 4 - CollegeBuys | FCCC
District College College Address City Zip
Redwoods CCD College of the Redwoods 7351 Tompkins Hill Rd. Eureka 95501 Rio Hondo CCD Rio Hondo College 3600 Workman Mill Rd. Whittier 90601 Riverside CCD Moreno Valley College 16130 Lasselle St. Moreno Valley 92551 Riverside CCD Norco College 2001 Third St. Norco 92860
Riverside CCD Riverside City College 4800 Magnolia Ave. Riverside 92506 San Bernardino CCD Crafton Hills College 11711 Sand Canyon Road Yucaipa 92399
San Bernardino CCD San Bernardino Valley
College 701 S. Mt Vernon Ave. San Bernardino 92410
San Diego CCD San Diego City College 1313 Park Blvd. San Diego 92101 San Diego CCD San Diego Mesa College 7250 Mesa College Dr. San Diego 92111 San Diego CCD San Diego
Miramar College
10440 Black Mountain
Rd San Diego 92126
San Francisco CCD City College of San Francisco 50 Phelan Ave San Francisco 94112 San Joaquin
Delta CCD San Joaquin Delta College 5151 Pacific Ave. Stockton 95207 San Jose-Evergreen CCD Evergreen Valley College 3095 Yuerba Buena Rd. San Jose 95135 San Jose-Evergreen CCD San Jose City College 2100 Moorpark Ave San Jose 95128 San Luis Obispo County CCD Cuesta College P.O. Box 8106 San Luis Obispo 93403 San Mateo County CCD Cañada College 4200 Farm Hill
Boulevard Redwood City 94061
San Mateo County CCD College of San Mateo 1700 West Hillsdale Blvd. San Mateo 94402
San Mateo County CCD Skyline College 3300 College Dr. San Bruno 94066 Santa
Barbara CCD
Santa Barbara
City College 721 Cliff Dr. Santa Barbara 93109
Santa Clarita CCD College of the Canyons 26455 Rockwell Canyon Rd. Santa Clarita 91355
Santa Monica CCD Santa Monica College 1900 Pico Blvd Santa Monica 90405 Sequoias CCD College of the Sequoias 915 S. Mooney Blvd. Visalia 93277 Shasta-Tehama-Trinity Joint
CCD Shasta College P.O. Box 496006 Redding 96049
228
California Community Colleges
- 5 - CollegeBuys | FCCC
District College College Address City Zip
Sierra CCD Sierra College 5000 Rocklin Rd. Rocklin 95677 Siskiyou Joint CCD College of the Siskiyous 800 College Ave. Weed 96094 Solano CCD Solano
Community College 4000 Suisun Valley Rd. Fairfield 94534 Sonoma County JCD Santa Rosa Junior College 1501 Mendocino Ave. Santa Rosa 95401 South Orange County CCD Irvine Valley College 5500 Irvine Center Dr. Irvine 92720 South Orange County CCD Saddleback College 28000 Marguerite Parkway Mission Viejo 92692
Southwestern CCD Southwestern College 900 Otay Lakes Rd. Chula Vista 91910 State Center CCD Clovis College 10309 N. Willow
Avenue Fresno 93730
State Center CCD Fresno City College 1101 E University Ave. Fresno 93741 State Center CCD Reedley College 30277 Avenue 12 Madera 93938 Ventura
County CCD Moorpark College 7075 Campus Rd Moorpark 93201 Ventura
County CCD Oxnard College 4000 S Rosa Ave. Oxnard 93033 Ventura
County CCD Ventura College 4667 Telegraph Rd. Ventura 93003 Victor Valley CCD Victor Valley College 18422 Bear Valley Rd. Victorville 92392 West Hills CCD West Hills
College Coalinga 300 Cherry Lane Coalinga 93210
West Hills CCD West Hills
College Lemoore 555 College Ave. Lemoore 93245
West Kern CCD Taft College 29 Emmons Park Dr. Taft 93268 West Valley-Mission CCD Mission College 3000 Mission College Blvd Santa Clara 95054
West Valley-Mission CCD West Valley College 14000 Fruitvale Ave. Saratoga 95070 Yosemite CCD Columbia College 11600 Columbia
College Dr. Sonora 95370
Yosemite CCD Modesto Junior College 435 College Ave. Modesto 95350 Yuba CCD Woodland
Community College 2300 E. Gibson Rd. Woodland 95776
229

AICCU Member Institutions

- 1 - CollegeBuys | FCCC
Institution Address City Zip
American Jewish University 15600 Mulholland Drive Los Angeles 90077 Antioch University 400 Corporate Pointe Culver City 90230 ArtCenter 1700 Lida Street Pasadena 91103
Biola University 13800 Biola Avenue La Miranda 90639
Brandman University 16355 Laguna Canyon Road Irvine 92618 California Baptist University 8432 Magnolia Avenue Riverside 92504 California College of the Arts 1111 Eighth Street San Francisco 94107 California Institute of Integral Studies 1453 Mission Street San Francisco 94107 California Institute of Technology 1200 E. California Boulevard Pasadena 91125 California Institute of the Arts 24700 McBean Parkway Valencia 91355 California Lutheran University 60 W. Olsen Road Thousand Oaks 91360 Chapman University One University Drive Orange 92866
Charles R. Drew University 1731 East 120th Street Los Angeles 90059 Chicago School of Professional Psychology 617 W. 7th Street Los Angeles 90017 Claremont Graduate University 150 E. 10th Street Claremont 91711 Claremont McKenna College 888 Columbia Avenue Claremont 91711 Columbia College Hollywood 18618 Oxnard Street Tarzana 91356 Concordia University Irvine 1530 Concordia West Irvine 92612 Dominican University of California 50 Acacia Avenue San Raphael 94901 Fielding Graduate University 2020 De la Vina Street Santa Barbara 93105 Fresno Pacific University 1717 S. Chestnut Ave. East Hall Fresno 93702 Golden Gate University 536 Mission Street San Francisco 94105 Harvey Mudd College 301 Platt Boulevard Claremont 91711 Holy Names University 3500 Mountain Boulevard Oakland 94619 Humphreys University 6650 Inglewood Avenue Stockton 95207 International Technological University 2711 North First Street San Jose 95134 John F. Kennedy University 100 Ellinwood Way Pleasant Hill 94523 Keck Graduate Institute 535 Watson Drive Claremont 91711 La Sierra University 4500 Riverwalk Parkway Riverside 92505 Laguna College of Art + Design 2222 Laguna Canyon Road Laguna Beach 92651 Life Pacific College 1100 West Covina Boulevard San Dimas 91733 230

AICCU Member Institutions

- 2 - CollegeBuys | FCCC
Institution Address City Zip
Loma Linda University 11139 Anderson Street Loma Linda 92350 Los Angeles Pacific University 300 N. Lone Hill Ave., # 200 San Dimas 91733 Loyola Marymount University 1 LMU Drive Los Angeles 90045 Marymount California University 30800 Palos Verdes Dr. East Rancho Palos Verdes 90275 Menlo College 1000 El Camino Real Atherton 94027
Mills College 5000 MacArthur Boulevard Oakland 94613
Mount Saint Mary's University 12001 Chalon Road Los Angeles 90049 National University 11255 North Torrey Pines Road La Jolla 92037 National University, Sacramento 9320 Tech Center Drive Sacramento 95826 Notre Dame de Namur University 1500 Ralston Avenue Belmont 94002 Occidental College 1600 Campus Road Los Angeles 90041
Otis College of Art and Design 9045 Lincoln Boulevard Los Angeles 90045 Pacific Oaks College 55 West Eureka Street Pasadena 91103 Pacific Union College One Angwin Avenue Angwin 94508
Palo Alto University 1791 Arastradero Road Palo Alto 94304 Pepperdine University 24255 Pacific Coast Highway Malibu 90263 Pitzer College 1050 N. Mills Avenue Claremont 91711
Point Loma Nazarene University 3900 Lomaland Drive San Diego 92106 Pomona College 333 N. College Way Claremont 91711
Providence Christian College 1539 E. Howard Street Pasadena 91104 Saint Mary's College of California 1928 Saint Mary’s Road Moraga 94556 Samuel Merritt University 3100 Telegraph Ave. Oakland 94609 San Diego Christian College 200 Riverview Parkway Santee 92071 San Francisco Art Institute 800 Chestnut Street San Francisco 94133 San Francisco Conservatory of Music 50 Oak Street San Francisco 94102 Santa Clara University 500 El Camino Real Santa Clara 95050 Saybrook University 475 14th Street, 9th Floor Oakland 94612 Scripps College 1030 N. Columbia Claremont 91711
Simpson University 2211 College View Drive Redding 96003 Soka University of America 1 University Drive Aliso Viejo 92656 Southern CA Institute of Architecture 960 E. 3rd Street Los Angeles 90013 231
AICCU Member Institutions
- 3 - CollegeBuys | FCCC
Institution Address City Zip
Southern CA University of Health Sciences 16200 Amber Valley Drive Whittier 90604 Stanford University 450 Serra Mall Stanford 94305
TCS Education System 475 14th Street, 9th Floor Oakland 94612 The Claremont Colleges Services 101 South Mills Avenue Claremont 91711 The Master's University 21726 Placerita Canyon Road Santa Clarita 91321 Thomas Aquinas College 10,000 Ojai Road Santa Paula 93060 Touro College and University System 43 West 23rd Street New York 10010 Touro University California 1310 Club Drive Vallejo 94592 Touro University Worldwide 10609 Calle Lee, Ste. 179 Los Alamitos 90720 University of La Verne 1950 3rd Street La Verne 91750
University of La Verne College of Law 320 East D Street Ontario 91764 University of Redlands 1200 East Colton Avenue Redlands 92374 University of Saint Katherine 1637 Capalina Road San Marcos 92069 University of San Diego 5998 Alcala Park San Diego 92110 University of San Francisco 2130 Fulton Street San Francisco 94117 University of Southern California University Park Los Angeles 90089 University of the Pacific 3601 Pacific Avenue Stockton 95211 University of the West 1409 Walnut Grove Avenue Rosemead 91770 Vanguard University of Southern CA 55 Fair Drive Costa Mesa 92626 Western University of Health Sciences 309 East Second Street, College Plaza Pomona 91766
Westmont College 955 La Paz Road Santa Barbara 93108
Whittier College 13406 East Philadelphia Whittier 90608 Whittier Law School 3333 Harbor Boulevard Costa Mesa 92626 William Jessup University 2121 University Avenue Rocklin 95765 Woodbury University 7500 N Glenoaks Blvd Burbank 91504
Zaytuna College 1712 Euclid Avenue Berkeley 94709
This list is not meant to be exhaustive. AICCU Membership is subject to change. Contract terms shall extend to any and all AICCU Member Institutions in good standing at the time of request. 232
Customer Name:

Address:

City: State: Zip Code
Serial # Model
Hard Drive Removal

Initial:______
Customer acknowledge receipt and acceptance of the terms provided above and the KMBS MFP Drive Secure Disposal Terms.

Not binding on KMBS until signed by KMBS representative.

Customer
Name Name
Signature Signature
Date Date
Title Title
Konica Minolta Business Solutions U.S.A., Inc.
100 Williams Drive
Ramsey, NJ 07446
Konica Minolta Technicians will hand over the Hard Drive to the authorized staff at the installed location of the copier/printer Authorized staff will sign below, verifying that the copier/printer internal Hard Drive has been given to them Konica Minolta Business Solutions U.S.A., Inc.

KMBS Representative
Please print Please print
Konica Minolta Technicians will remove the internal Hard Drive at installed location of the copier/printer.

MFP HARD DRIVE SECURE DISPOSAL SERVICE AGREEMENT
233

EXECUTIVE SUMMARY
The City proposes to lease City-owned Granted Tidelands to revitalize the Pittsburg waterfront. The Surplus Land Act at California Government Code requires that a local agency declare land as surplus land or exempt surplus land, as supported by written findings before taking action to dispose of it.

FISCAL IMPACT
Approval of this Resolution will have no fiscal impact on the City’s General Fund.

RECOMMENDATION
City Council adopt the Resolution declaring the City’s Granted Tidelands as Exempt Surplus Land.

BACKGROUND
The availability and affordability of land for development has a significant impact on the supply of affordable housing in California. The Surplus Land Act therefore aims to increase the availability of real property in California for affordable housing by mandating a uniform approach to the disposition of local government land through prioritization of affordable housing when selling or leasing public lands no longer necessary for agency use.

The California Legislature granted sovereign tidelands and submerged lands located within the City limits to the City of Pittsburg under Senate Bill 551, Chapter 422, Statutes of 2011 (Granting Statutes). These Granted Tidelands are held in trust for the people of California.

The City is required to operate its Granted Tidelands in conformance with the California Constitution, granting statutes and the Public Trust Doctrine. 234
In accordance with the granting statutes, the City recorded a Survey Map establishing the Granted Tidelands boundary and a legal description of the Granted Tidelands in December 2014 and in May 2015 respectively.

SUBCOMMITTEE FINDINGS
The declaration of Granted Tidelands as exempt surplus land was not discussed in a subcommittee.

STAFF ANALYSIS
The Public Trust Doctrine grants all Californians the right to access coastlines, beaches, and rivers, and in case law as been the basis for disallowing development that is private in nature such as residential housing. Per the Granting Statutes, all of Pittsburg’s Granted Tidelands may be used for purposes of commerce, navigation, and fisheries, and other public trust purposes.

As shown by the survey in Attachment 2, all but approximately 58 acres of the City’s Granted Tidelands are submerged in the Sacramento-San Joaquin River Delta (Upland Granted Lands). These acres are zoned either Open Space or Waterfront Commercial.

According to the City’s General Plan the Open Space-zoned areas are best suited for recreation, habitat preservation, and trail connectivity while the Waterfront Commercial- zoned areas are appropriate for Marine Commercial use, or non-industrial uses for a cluster of uses such as specialty retail, services, restaurants, marine repair docking facilities, and hotels. In accordance with the City’s Trust Lands Use Plan adopted in 2017 and City’s US EPA-funded Brownfields Program, integration of Granted Tidelands parcels is best achieved by qualified commercial uses that will activate the land and lend to the economic and recreational revitalization of the waterfront and downtown area as a whole.

It is of the City’s interest to make the properties available for development of these allowed highest uses identified in the various strategic planning documents, Public Trust Doctrine, and Granting Statutes. Furthermore, the 2019 amendment of the Surplus Land Act broadened the scope of public land made available for affordable housing but Section 54221 et seq. defines exempt surplus land to include Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.

ATTACHMENTS: Resolution
Granted Tidelands Survey

Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 235

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

Declaring the City’s Granted Tidelands as )
Exempt Surplus Land ) Resolution 22- WHEREAS, the California Legislature granted sovereign tidelands and submerged lands located within the City limits to the City of Pittsburg (Granted Tidelands) under Senate Bill 551, Chapter 422, Statutes of 2011 (Granting Statutes); and WHEREAS, the City is required to operate its Granted Tidelands in conformance with the California Constitution, Granting Statutes and the Public Trust Doctrine; and WHEREAS, per the Granting Statutes, Pittsburg’s Granted Tidelands may be used for purposes of commerce, navigation, and fisheries, and other public trust purposes, and the Public Trust Doctrine grants all Californians the right to access coastlines, beaches, and rivers; and
WHEREAS, it is of the City’s interest to make its Granted Tidelands available for development of their highest uses identified in the Pittsburg General Plan and Trust Lands Use Plan and allowed by the Public Trust Doctrine and Granting Statutes; and WHEREAS, the Surplus Land Act at California Government Code Section 54221 (f)(2)(H) defines exempt surplus land to include Surplus land that was granted by the state in trust to a local agency or that was acquired by the local agency for trust purposes by purchase or exchange, and for which disposal of the land is authorized or required subject to conditions established by statute.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby declares the City’s Granted Tidelands exempt surplus land pursuant to the Surplus Land Act at California Government Code 54221 et seq.

PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: By Minute Order, Initiation of a Review and Potential Amendment of Pittsburg Municipal Code (PMC) Title 18 (“Zoning”) Related to Permitted Uses within the Pedestrian Commercial (CP) District MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
This is a City-initiated proposal to consider potential amendments to Title 18 of the Pittsburg Municipal Code (PMC) related to the allowable uses within the CP (Pedestrian Commercial) District.

FISCAL IMPACT
The Economic Development and Planning Divisions will conduct the review and process any requisite application. Staff anticipates a total of approximately 40 total hours of staff time to process an application. However, staff does not anticipate any additional fiscal impact.

RECOMMENDATION
City Council move by minute order to initiate a zoning study related to potential uses within the CP District.

BACKGROUND
The CP District was established to provide a vibrant, pedestrian-oriented destination area that caters to shoppers and visitors in the downtown commercial core by providing inviting, visually interesting, human-scale architecture, pedestrian-friendly storefronts, outdoor dining opportunities, and a limited number of (public) parking facilities (PMC section

18.52.005[B][7]).
254
Pursuant to PMC section 18.48.020, amendments to zoning regulations must be initiated by motion of the City Council or the Planning Commission, or by application or petition of a resident, property owner or business owner in the city. According to the direction received from the Economic Development/Waterfront Development Subcommittee, staff is requesting that the City Council initiate a zoning study as described above.

SUBCOMMITTEE FINDINGS
On May 12, 2022, the Economic Development/Waterfront Development Subcommittee discussed the goals for Fiscal Year 2023, and voiced support for reviewing potential expansion and streamlining of allowable uses within the CP District.

STAFF ANALYSIS
Since the CP District was implemented in 2006, the City has seen positive growth of the restaurant industry in the downtown core; however, the rate of retail growth has been slow, and a number of prime tenant spaces on Railroad Avenue have remained vacant for several years. For this reason, staff believes that it is now an appropriate time to revisit the CP District land use regulations, and as such, recommends a formal study be initiated.

Report Prepared By: Jordan Davis, Director of Community and Economic Development 255

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept and Allocate Clean California Local Grant Program Funds and Authorize a Grant Agreement with the California Department of Transportation and a Pittsburg Power Company Resolution to Approve the Use of a Combination of Available Funds to Pay for the Required Match for the Clean California Local Grant
MEETING DATE: June 6, 2022

EXECUTIVE SUMMARY
The City has been awarded $2,891,692 in California Department of Transportation Clean California Local Grant Program funding for the Reviving the Heart of Pittsburg Pride Project (Project). The Project aims to beautify the Railroad Avenue corridor from Civic Avenue to 10th street through landscaping, art, park development and more.

FISCAL IMPACT
The total Project budget estimate is $3,305,099. Of this cost, the Clean California Local Gant Program (Program) will provide $2,891,962. The Program requires a match of $413,137 which will be paid by the Pittsburg Power Company (PPC), through a combination of available funds in Fund 590 and PPC’s Fund Balance. If other funds such as the American Rescue Plan Act (ARPA) or the City’s surplus funds are allocated for beautification efforts, PPC will be reimbursed the $413,137 used for the match.

A detailed Budget Summary for the Project is attached to this report.

RECOMMENDATION
City Council adopt the Resolution accepting and allocating Program funds and authorizing the execution of a grant agreement with the State of California, Department of Transportation (Caltrans). PPC adopt the Resolution approving the use of a combination of available funds in PPC’s operating budget and in its Fund Balance to pay for the required grant match. If other funds such as the American Rescue Plan Act (ARPA) or the City’s surplus funds are allocated for beautification efforts, PPC will be reimbursed the $413,137 used for the match.
256

BACKGROUND
Developed by Caltrans, the Program will award approximately $296 million in funds to communities to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces. Through the combination of adding beautification measures and art in public spaces along with the removal of litter and debris, this effort will enhance and improve spaces for walking and recreation. Some goals of the Program are to reduce waste, enhance public spaces, reduce the urban heat island effect, improve public health, improve cultural and community connection, and advance equity for underserved communities.

Prior to applying for grant funding, staff hosted community outreach event in January 2022, at the corner of 17th street and Railroad Avenue to get feedback from Pittsburg residents and youth.

On February 1, 2022, the City applied for Program funds to augment the limited budget available for improvements within the city for projects that improve the quality of life and safety for residents. The proposed Project area includes the Railroad Avenue corridor from Civic Avenue to 10th Street and aims to enhance public spaces and reduce the amount of waste and debris around the City. Specific design elements will be developed as the project progresses.

SUBCOMMITTEE FINDINGS
The funding for the required grant match was discussed in the PPC Subcommittee on May 24, 2022.

STAFF ANALYSIS
The City of Pittsburg has a rich and diverse community to which this Project would contribute vibrance. The community asked for improvements to Railroad Avenue, more green space, a welcoming gateway, and monuments to identify the community. Based on the community input, staff drafted a concept of community togetherness and pride that included:
• Beautification of the landscape with improvements that will bring color and guidance to Pittsburg Old Town.
• Art installations at the medians on Railroad Avenue that will guide individuals into the downtown area.
• A new park with a mini amphitheater on Railroad Avenue and 17th Street that will add much needed green space.
• A Gateway Monument sculpture, spelling 'Pittsburg' in large block letters that demonstrate the pride of generations of Pittsburg residents.
• A welcoming gateway arch culminating on 10th Street that will let visitors and residents know they have reached the downtown.

The City has been awarded a total of $2,891,962 in Program funding. If approved, the Resolutions will authorize the acceptance and allocation of this funding for this community benefiting project and approve the use of PPC funding for the grant match.

ATTACHMENTS: City Council Resolution
257
PPC Resolution
Project Budget
Final Restricted Grant Agreement
Report Prepared By: Zuna Barker Portillo
Registered Environmental Health Specialist
258

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

A Resolution to Accept and Allocate Clean ) RESOLUTION NO. 22- California Local Grant Program Funds and )
Authorize a Grant Agreement with the )
California Department of Transportation )
WHEREAS, the State of California Department of Transportation (Caltrans) Clean California Local Grant Program (Program) awards funding to public agencies to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and
WHEREAS, the City applied for and has been awarded $2,891,962 through the Program for design and construction of the Reviving the Heart of Pittsburg Pride Project (Project); and
WHEREAS, the Project will make improvements to Railroad Avenue from Civic Avenue to 10th Street, for walking and recreation, and promoting proper waste disposal and sustainable practices by beautifying the area; and
WHEREAS, estimated costs for the Project are $3,305,099; and WHEREAS, the $413,137 difference is the required grant match that will be paid for by the Pittsburg Power Company.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the $3,305,099 from the Clean California Grant Program and directs staff to establish a budget for design and construction of the beautification project as described in the accompanying staff report.

Be it further resolved, the City Council authorizes the City Manager to execute a Grant Agreement and any necessary documents for the administration of this Program.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT: ____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
259
Resolution No. 22- Page 1 of 2 June 6, 2022

BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:

Approval of the Use of Available Funds in the ) RESOLUTION NO. 22- Pittsburg Power Company Operating Budget )
And in its Fund Balance to Pay for the )
Required Match for the Clean California Local )
Grant )
WHEREAS, the State of California Department of Transportation (Caltrans) Clean California Local Grant Program (Program) awards funding to public agencies to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and
WHEREAS, the City applied for and has been awarded $2,891,962 through the Program for design and construction of the Reviving the Heart of Pittsburg Pride Project (Project); and
WHEREAS, the Project will make improvements to Railroad Avenue from Civic Avenue to 10th Street, for walking and recreation, and promoting proper waste disposal and sustainable practices by beautifying the area; and
WHEREAS, estimated costs for the Project are $3,305,099; and WHEREAS, the $413,137 difference is the required grant match that will be paid for by the Pittsburg Power Company (PPC).

NOW, THEREFORE BE IT RESOLVED, the Governing Board of the Pittsburg Power Company hereby approves the use of a combination of available funds in PPC’s operating budget and in its Fund Balance to pay for the required grant match, and to execute any other documents and take such further actions as may be necessary or appropriate to carry out the Governing Board’s direction pursuant to this Resolution.

Be it further resolved that If other funds such as the American Rescue Plan Act (ARPA) or the City’s surplus funds are allocated for beautification efforts, PPC will be reimbursed the $413,137.
260
Resolution No. 22- Page 2 of 2 June 6, 2022 PASSED AND ADOPTED by Governing Board of the Pittsburg Power Company at a regular meeting on the 6th day of June 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland White, Executive Director
ATTEST:
____________________________
Alice E. Evenson, City Clerk
261
Project Information:

Agency: Date:

Project Description:

Project Title
Project Location:

License #: C65440
Engineer's Estimate and Cost Breakdown:

Cost Breakdown
Engineer's Estimate (for Construction Items Only) CCLGP Participating CCLGP Non-participating Costs/Items Costs/Items
Item
No. Item Quantity Units Unit Cost Total
Item Cost % $ % $
General Overhead-Related Construction Items
31 00 00 Earthwork
1 1 LS $21,034.00 $21,034 100% $21,034
2 1 LS $1,700.00 $1,700 100% $1,700
3 1 LS $1,850.00 $1,850 100% $1,850
4 1 LS $14,700.00 $14,700 100% $14,700
5 1 LS $20,000.00 $20,000 100% $20,000
6 1 LS $5,738.00 $5,738 100% $5,738
General Construction Items
32 00 00 Exterior Improvements
7 92 LF $519.00 $47,748 100% $47,748
8 10,000 SF $3.92 $39,200 100% $39,200
9 1400 SF $80.00 $112,000 100% $112,000
10 1400 SF $2.75 $3,850 100% $3,850
11 11 60 LF $1,005.00 $60,300 100% $60,300
12 136 LF $800.00 $108,800 100% $108,800
13 500 EA $15.00 $7,500 100% $7,500
14 61 LF $4,098.36 $250,000 100% $250,000
15 61 LF $1,500.00 $91,500 100% $91,500
16 1 EA $5,479.00 $5,479 100% $5,479
17 6' Pittsburg Monument Letters "I-G" 8 EA $3,690.13 $29,521 100% $29,521 18 Wire Panel greenscreen "P" installations 6 EA $15,000.00 $90,000 100% $90,000 19 24 LF $1,500.00 $36,000 100% $36,000
20 6 EA $1,500.00 $9,000 100% $9,000
25 21 Drip and Bubbler System and sleeving 40,175 SF $7.56 $303,723 100% $303,723 22 Controller and Enclosure 1 EA $3,016.00 $3,016 100% $3,016 28 32 90 00 Planting
23 Landscape Planting 40,175 SF $9.23 $370,815 100% $370,815 24 36" box trees 70 EA $1,378.00 $96,460 100% $96,460
25 Tree Drains 60 EA $750.00 $45,000 100% $45,000
26 Plant establishment/maintenance, 90 days 40,175 SF $0.34 $13,660 100% $13,660 27 Soil preparation and import top soil 1,487 CY $130.00 $193,310 100% $193,310 28 1/2"‐1" red bark mulch 2" deep 40,175 SF $1.71 $68,699 100% $68,699 29 Root Barrier 650 LF $38.50 $25,025 100% $25,025
28 33 00 00 Utilities
30 Irrigation Water Service 1 LS $11,900.00 $11,900 100% $11,900 31 Area drain 4 EA $550.00 $2,200 100% $2,200
32 6" Storm Drain 128 LF $98.00 $12,544 100% $12,544
33 1 LS $75,000.00 $75,000 100% $75,000
Subtotal of Construction Items: $2,177,272 $2,177,272
Construction Item Contingencies (% of Construction Items): 10.00% $217,727 $217,727 Total (Construction Items & Contingencies) cost: $2,394,999 $2,394,999 Project Delivery Costs:

Type of Project Cost Cost $
Preliminary Engineering (PE) CCLGP Participating Costs CCLGP Non-participating Costs Environmental Studies (n/a) and Permits(PA&ED):

Plans, Specifications and Estimates (PS&E): $549,850 "PE" costs / "CON" costs Total PE: 550,850$ $549,850 23% 25% Max
Right of Way (RW)
Right of Way Engineering:

Acquisitions and Utilities:

Total RW: -$
Total Pre-Construction Costs (PE+RW): $550,850 $549,850 Construction Engineering (CE) "CE" costs / "CON" costs
Construction Engineering (CE): $359,250 15% 15% Max
Potholing for Existing Utilities
Name of Licensed Engineer in responsible charge of preparing or reviewing this PSR-Equivalent Cost Estimate:

Detailed Engineer's Estimate and Total Project Costs
Important: Read the Instructions in the first sheet (tab) before entering data. Do not enter data in shaded fields (with formulas).

City of Pittsburg 1-28-22
Landscape improvements along Railroad Avenue, Pittsburg California 32 80 00 Irrigation
Wood Bench and concrete base with skate
deterrents -custom
Concrete amphitheater seatwall
Art stamped concrete brick installation
Old Town Gateway Sign
Old Town Gateway Sign Foundation
8' Monument Letter "P"
Wire Panel greenscreen "P" foundation
Reviving the Heart of Pittsburg Pride
Railroad Avenue
Richard David Abono
Lighting System
Erosion Controls Set Up
Erosion control Maintenance
Street Sweeping & Cleanup
Stormwater Protection Plan
Staking & Layout
32 Gal Steel Trash Receptacles
Concrete Wall -Monument Retaining Wall
92x5
Plaza Unit Paving
Thin Veneer Brick at Monument Wall
Graffiti Resistant Coating Monument Wall
(Retaining)
32 30 00 Site Improvements
549,850$
1,000$
359,250$
5/18/2022 1 of 2262
Project Information:

Agency: Date:

Project Description:

Project Title
Project Location:

License #: C65440Name of Licensed Engineer in responsible charge of preparing or reviewing this PSR-Equivalent Cost Estimate:

Detailed Engineer's Estimate and Total Project Costs
Important: Read the Instructions in the first sheet (tab) before entering data. Do not enter data in shaded fields (with formulas).

City of Pittsburg 1-28-22
Landscape improvements along Railroad Avenue, Pittsburg California Reviving the Heart of Pittsburg Pride
Railroad Avenue
Richard David Abono
Total Construction Costs: $2,754,249 $2,754,249
CCLGP Participating Costs Non-participating Costs
Total Project Cost: $3,305,099
Documentation of Non-Participating Costs:

Item #: Description of Engineer's Logic: (See examples shown in the Instructions) The Engineer's logic and/or calculations for splitting costs between CCLGP-Participating and Non-participating costs must be documented in this section of the Estimate form.

Separate logic is required for each item which is partly a participating cost for CCLGP funding or is required for the construction of a non-participating item/element of the project. $3,305,099
5/18/2022 2 of 2263
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 1 of 19 ends

Clean California Local Grant Program (State)
Restricted Grant Agreement
This Restricted Grant Agreement (RGA), between the State of California acting by and through its Department of Transportation, referred to herein as CALTRANS, and the City of Pittsburg, hereinafter referred to as AGENCY, will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later. This RGA is of no effect unless approved by CALTRANS.

AGENCY shall not receive payment for work performed prior to approval of this RGA and before receipt of Notice to Proceed from CALTRANS. This RGA shall expire on December 31, 2024.

Recitals

1. Under this RGA, CALTRANS intends to convey State restricted grant funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, who will implement the project pursuant to the attached Approved Grant Application and Amendment(s) to Grant Application, Attachment III under the terms, covenants, and conditions of this RGA.

2. CALTRANS and AGENCY intend that only funds that are authorized as restricted grants will be subject to this RGA, and that no funds that should be the subject of a Joint Powers Agreement, Interagency Agreement, or other non-grant agreement shall be subject to this RGA.

Now, Therefore, based upon the terms, covenants, and conditions of this RGA, the parties agree as follows:

Section I
AGENCY Agrees:

To timely and satisfactorily complete all Project work described in Attachment III (“Project Work”) within the project budget and in accordance with the items of this RGA.

Section ll
CALTRANS Agrees:

That when conducting an audit of the costs claimed by AGENCY under the provisions of this RGA, to conduct the audit in accordance with applicable laws and regulations.

Section lII
It Is Mutually Agreed:

1. Under this RGA, CALTRANS will convey State grant restricted funds to AGENCY, pursuant to Budget Act Line Item 2660-101-0046T, and AGENCY will use the funds to only conduct the scope of work identified in this agreement and authorized by Streets and Highway Code section 91.41 The funds subject to this RGA must be identified as available to a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program in CALTRANS’ budget, and AGENCY represents and warrants that it is a public entity that is responsible for implementing the scope of work authorized under the Clean California Local Grant Program.

264
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 2 of 19 ends

2. Under this restricted grant, funds may be only used for the purposes set forth in this RGA, AGENCY Resolution (Attachment IV), Approved Grant Application and Amendment(s) to Grant Application (Attachment
III), and the Grant Program Guidelines (Attachment I), and the funds may only be used for costs and expenses that are directly related to such purpose.

3. AGENCY
shall perform all the duties and obligations described in the Reviving the Heart of Pittsburg
Pride project, hereinafter “Project”, subject to the terms and conditions of this RGA and Approved Grant Application and Amendment(s) to Grant Application (Attachment III), which are attached hereto as Attachment III.

4. The resolution authorizing AGENCY to execute this RGA pertaining to the above-described Project is attached hereto as Attachment IV.

5. AGENCY is not requesting an advance payment pursuant to California Streets and Highways Code section 94.41(e).

6. All services performed by AGENCY pursuant to this RGA shall be subject to and performed in accordance
with California Streets and Highways Code §91.41 including, but not limited to, Government
Code Section 14460(a)(1), as well as all applicable Federal, State, and Local laws, regulations
, and ordinances, all applicable CALTRANS policies and procedures, and all applicable CALTRANS published manuals, including, but not limited to, the Grant Program Guidelines (Attachment I).

California Government Code Section 14460(a)(1) provides: “The department [CALTRANS], and external entities that receive state and federal transportation funds from the department, are spending those funds efficiently, effectively, economically, and in compliance with applicable state and Federal requirements. Those external entities include, but are not limited to, private for profit and nonprofit organizations, local transportation agencies, and other local agencies that receive transportation funds either through a contract with the department or through an agreement or grant adm
inistered by the department.”
265
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 3 of 19 ends

7. Project funding is as follows:

Fund Title Fund Source Dollar Amount
Clean California Local Grant
Funds
State General Fund (0001)
Budget Item 2660-130-001
State Program Code

20.30.010.900
FY 2021/22
FY2022/231

$722,991.00
$2,168,971.00
Cash Local Match Agency Provided $413,137.00
Value of Third-Party In-Kind
Contributions
Agency Provided $0.00
Total of other fund sources
(not in-kind contributions)
Agency Provided $0.00
Total Project Costs $3,305,099
No in-kind contributions may be made unless the amount and type of the contribution is identified above.

For Caltrans Use Only
I hereby Certify upon my own personal knowledge that budgeted funds are available for encumbrance.

Accounting Officer Printed
Name
Accounting Officer
Signature
Date Amount Certified

8. This RGA is exempt from the legal review and approval by the Department of General Services, pursuant to Legal Opinions of the Attorney General : 58 Ops. Cal. Atty. Gen. 586 (1975), 63 Ops.

Cal. Atty. Gen. 290 (1980), 74 Ops. Cal. Atty. Gen. 10 (1991), and 88 Ops. Cal. Atty. Gen. 56.

9. Notification of Parties
a. AGENCY’s Project Manager for Project is Zuna Barker, (925) 252-4129. b. CALTRANS’ Contract Manager is Linda Phoen, (408) 595-4007. “Contract Manager” as used herein includes his/her designee.
c. All notices herein provided to be given, or which may be given, by either party to the other, shall be deemed to have been fully given when made in writing and received by the parties at their respective addresses:

City of Pittsburg
Attention: Zuna Barker, Environmental Health Specialist Phone Number: (925) 252-4129
Email: [email protected]
Address: 65 Civic Ave, Pittsburg, CA 94565

Jie Chen
05/03/2022
$2,891,962.00
266
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 4 of 19 ends

California Department of Transportation
District 4, Maintenance
Attention: Linda Phoen, Acting Senior Transportation Engineer Phone Number: (408) 595-4007
Email: [email protected]
Address: 111 Grand Ave, Oakland, CA 94612

10. Period of Performance
a. Reimbursable work under this RGA shall begin no earlier than on May 15, 2022, following the written approval of CALTRANS and AGENCY’s receipt of the Notice to Proceed letter of this RGA by CALTRANS. All reimbursable work shall terminate no later than June 30, 2024.

Project closeout and final invoicing to CALTRANS must be submitted no later than November 1, 2024. Work incurred after June 30, 2024 will not be reimbursed. Payment shall be forfeit for any and all invoicing submitted to CALTRANS after November 1, 2024. Notwithstanding the foregoing, Caltrans will reimburse for actual close out costs incurred by AGENCY through November 1, 2024 (which, in total, shall not exceed 5% of the grant award). b. If requested by the CALTRANS Contract Manager, AGENCY will attend a kickoff meeting with CALTRANS to be scheduled within one (1) week from receipt of Notice to Proceed sent by CALTRANS.

11. Changes in Terms/Amendments
This Agreement may only be amended or modified by mutual written agreement of the parties.

12. Cost Limitation
a. The maximum total amount granted and reimbursable to AGENCY pursuant to this RGA by CALTRANS shall not exceed $2,891,962.00
b. It is agreed and understood that the CCLGP funds are limited to the amount granted.

CALTRANS will only reimburse the cost of services actually incurred in accordance with the provisions of this RGA and as authorized by the CALTRANS Contract Manager at or below that fund limitation established herein.

13. Termination
a. CALTRANS reserves the right to terminate this RGA upon written notice to AGENCY at least 30 days in advance of the effective date of such termination in the event CALTRANS determines (at its sole discretion) that AGENCY failed to proceed with PROJECT Work in accordance with the terms of this RGA. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all allowable, authorized, and non-cancelled costs up to the date of termination.

AGENCY shall return any unused advance amounts which cannot be supported by eligible expenditure documentation.
b. This RGA may be terminated by either party for any reason by giving written notice to the other party at least 30 days in advance of the effective date of such termination. In the event of termination for convenience, CALTRANS will reimburse AGENCY for all costs that are expressly allowable, pre-authorized in writing, and non-cancellable, up to the date of termination.

267
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 5 of 19 ends

c. AGENCY has 60 days after the Termination Date to submit accurate invoices to CALTRANS to make final allowable payments for Project costs in accordance with the terms of this RGA.

Failure to submit invoices within this period of time shall result in a waiver by AGENCY of its right to reimbursement of expended costs. Costs that are reimbursed and later determined to be ineligible for reimbursement shall be returned by AGENCY to CALTRANS.

14. Budget Contingency Clause
a. It is mutually agreed that if the US Congress or the State Legislature fail to appropriate or allocate funds during the current year and/or any subsequent years covered under this RGA do not appropriate sufficient funds for the program, this RGA shall be of no further force and effect.

In this event, CALTRANS shall have no liability to pay any funds whatsoever to AGENCY or to furnish any other considerations under this RGA and AGENCY shall not be obligated to perform any provisions of this RGA.
b. The certification of FY 2022/23 funds will be contingent upon the passage of the FY 2022/23 Budget. Payment for any work performed that is funded by FY 2022/23 will be delayed if the FY 2022/23 Budget is not signed by June 30, 2022. Pursuant to Government Code (GC), Section 926.10, no late payment penalty shall accrue during any time period for which no Budget Act in effect.

c. If funding for any fiscal year is reduced or deleted by US Congress or State Legislature for purposes of this program, CALTRANS shall have the option to either terminate this RGA with no liability occurring to CALTRANS, or offer an RGA Amendment to AGENCY to reflect reduced amount.

15. Payment and Invoicing
a. AGENCY, its contractors, subcontractors and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP) and any standards specified by the source of funds, to enable the determination of incurred costs at interim points of completion, and to provide support for reimbursement payment vouchers or invoices.
b. The method of payment for this RGA will be based on the actual allowable costs that are incurred in accordance with the provisions of this RGA and in the performance of the Approved Grant Application and Amendment(s) to Grant Application (Attachment III). CALTRANS will reimburse AGENCY for expended actual allowable direct costs, and including, but not limited to, labor costs, travel, and contracted consultant services costs incurred by AGENCY in performance of the Project Work. Indirect costs are reimbursable only if the AGENCY has identified the estimated indirect cost rate in Attachment II and an approved Indirect Cost Allocation Plan or an Indirect Cost Rate Proposal as set forth in Section III–Cost Principles, Item 16d. The total cost shall not exceed the cost reimbursement limitation set forth in Section III–Cost Limitations, Item 11a. Actual costs shall not exceed the estimated wage rates, labor costs, travel, and other estimated costs and fees set forth in Attachment III without an amendment to this RGA, as agreed between CALTRANS and AGENCY.

268
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 6 of 19 ends

c. Reimbursement of AGENCY expenditures will be authorized only for those allowable costs actually incurred by AGENCY in accordance with the provisions of this RGA and in the performance of Project Work. AGENCY must not only have incurred the expenditures on or after the start date and the issuance of the Notice to Proceed letter for this RGA and before the Expiration Date but must have also paid for those costs to claim any reimbursement. d. The AGENCY indirect cost rate must be approved in writing by the California Department of Transportation Independent Office of Audits and Investigations or federal cognizant agency before any reimbursement payment is made by CALTRANS to AGENCY for such cost. e. Travel expenses and per diem rates are not to exceed the rate specified by the State of California Department of Human Resources for similar employees (i.e. non-represented employees) unless written verification is supplied that government hotel rates were not then commercially available to AGENCY, its subrecipients, contractors, and/or subcontractors, at the time and location required as specified in the California Department of Transportation's Travel Guide Exception Process at the following link: https://travelpocketguide.dot.ca.gov/.

Also see website for summary of travel reimbursement rules. f. AGENCY shall submit invoices to CALTRANS at least quarterly, but no more frequently than monthly, in arrears upon completion of project tasks, milestone and/or deliverables in accordance with the Project Timeline in Attachment III to the satisfaction of CALTRANS Contract Manager. Invoices shall reference this RGA Number and shall be signed and submitted to CALTRANS Contract Manager , as stated in Section III–Notification of Parties, Item 8c. g. Invoices shall include the following information:
1) Names of the AGENCY personnel performing work
2) Dates and times of Project Work
3) Locations of Project Work
4) Itemized costs as set forth in Attachment III, including identification of each employee, contractor or subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each employee, contractor, sub-recipient or subcontractor staff member, authorized travel expenses with receipts, receipts for authorized materials or supplies, and contractor, subrecipient and subcontractor invoices. 5) AGENCY shall submit written progress reports with each set of invoices to allow CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.
h. Incomplete or inaccurate invoices shall be returned to the AGENCY unapproved for correction.

Failure to submit invoices on a timely basis may be grounds for termination of this RGA for material breach per Section III–Termination, Item 12.
i. CALTRANS will reimburse AGENCY for all allowable Project costs at least quarterly, but no more frequently than monthly, in arrears as promptly as CALTRANS fiscal procedures permit upon receipt of an itemized signed invoice.

269
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 7 of 19 ends

j. The RGA Expiration Date refers to the last date for AGENCY to incur valid Project costs or credits and is the date this RGA expires. AGENCY has until November 1, 2024 to make final allowable payments to Project contractors or vendors, and submit the Project’s Final Report, as defined in Attachment I and a final invoice to CALTRANS for reimbursement for allowable Project costs. Any unexpended Project funds not invoiced by the 60th day will be reverted and will no longer be accessible to reimburse late Project invoices contractor. k. The final invoice will be paid upon submission by AGENCY to CALTRANS and acceptance by CALTRANS of the Final Delivery Report. Complete final delivery reports and invoices must be submitted to CALTRANS by November 1, 2024.

16. Local Match Funds
a. AGENCY shall contribute not less than a proportional cash amount toward the services described herein on a monthly or quarterly basis. Notwithstanding the foregoing, to the extent that in-kind contributions are permitted and identified under this RGA, Section III–Project Funding, Item 6, the contributions may be counted as cash only when they are actually received by the AGENCY and confirmed by CALTRANS. Except where expressly allowed in writing herein, reimbursement of credits for local matching funds and in-kind contributions will be made or allowed only for work performed on and after the initial date of this Agreement and on or before June 30, 2024.
b. AGENCY agrees to contribute the statutorily required local contribution of matching funds if any is specified within this RGA or in any Attachment hereto, toward the actual cost of the services described in Attachment III. AGENCY shall contribute not less than its required match amount toward the services described herein. Local cash and in-kind match requirements can be found in the Grant Program Guidelines (Attachment I); but AGENCY must fully satisfy the local cash and in-kind match amount and percentage identified in Section III, Paragraph 7 with the final invoice.

17. Quarterly Progress Reporting
a. AGENCY shall submit written quarterly progress reports to the CALTRANS Contract Manager to determine if AGENCY is performing to expectations, is on schedule, is within funding cost limitations, to communicate interim findings, and to afford occasions for airing difficulties respecting special problems encountered so that remedies can be developed.

18. Cost Principles
a. AGENCY agrees to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
b. AGENCY agrees, and will assure that its contractors, sub-recipients, in-kind contributors, and subcontractors will be obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual Project cost items and (b) and (b) all parties shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

Every sub-recipient receiving Project funds as a sub-recipient, contractor, or subcontractor under this RGA shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards to the extent applicable. 270
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 8 of 19 ends

c. Any Project costs for which AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, and/or Part 48, Chapter 1, Part 31, are subject to repayment by AGENCY to CALTRANS. Should AGENCY fail to reimburse moneys due CALTRANS within 30 days of discovery or demand, or within such other period as may be agreed in writing between the parties hereto, CALTRANS is authorized to intercept and withhold future payments due AGENCY from CALTRANS or any third-party source, including, but not limited to, the State Treasurer, the State Controller or any other fund source.
d. Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must have identified estimated indirect cost rate in Attachment II, prepare and submit annually to CALTRANS for review and approval an indirect cost rate proposal and a central service cost allocation plan (if any) in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and Chapter 5 of the Local Assistance Procedures Manual which may be accessed at: https://dot.ca.gov/-/media/dot- media/programs/local-assistance/documents/lapm/ch05.pdf e. AGENCY agrees and shall require that all its agreements with consultants and subrecipients contain provisions requiring adherence to this section in its entirety except for section c, above.

19. Americans with Disabilities Act
By signing this Agreement, LOCAL AGENCY assures CALTRANS that in the course of performing Project Work, it will fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, as amended, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA (42 USC Section 12101 et seq.).

20. Iran Contracting Act
Proposed Contractor must complete and submit to CALTRANS the Iran Contracting Act Certification certifying that it is not on the most current DGS list of Entities Prohibited from Contracting with Public Entities in California per the Iran Contracting Act, 2010 (https://www.dgs.ca.gov/PD/Resources/Page-Content/Procurement-Division-Resources-List- Folder/List-of-Ineligible-Businesses), before the Agreement has been executed, unless Contractor is exempted from the certification requirement by Public Contract Code Section 2205(c) or (d). If claiming an exemption, the proposed Contractor shall provide written evidence that supports an exemption under Public Contract Code Section 2203(c) or (d) before execution of the Agreement.

21. Indemnification
a. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, its contractors, its subrecipients, or its subcontractors under or in connection with any work, authority, or jurisdiction conferred upon AGENCY under this RGA.

It is understood and agreed that AGENCY shall fully defend, indemnify, and save harmless CALTRANS and all of CALTRANS’ officers and employees from all claims, suits, or actions of every name, kind, and description brought forth under, including, but not limited to, tortuous, contractual, likeness statutes under California Civil Code §§ 3344 and 3344.1, inverse condemnation, or other theories or assertions of liability occurring by reason of anything done or omitted to be done by AGENCY, its officers, employees, agents, contractors, subrecipients, or subcontractors under this RGA.

271
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 9 of 19 ends

b. AGENCY agrees to fully defend, indemnify, and save harmless CALTRANS and all of its officers and employees from any and all claims, lawsuits, or legal actions, including reasonable attorneys’ fees and legal costs, relating to intellectual property claims arising from or related to the Project and/or any work procured under this RGA, including but not limited to claims based on (1) U.S. federal or state trademark infringement laws, (2) patent infringement laws (3) 17 U.S.C. §§ 101-810 (the Copyright Act of 1976, as modified), (4) 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”), (5) 17 U.S.C. § 113, (6) California Civil Code § 987 (the California Art Preservation Act), California Civil Code §989, or (7) any other rights arising under U.S. federal or state laws or under the laws of any other country that conveys rights and protections of the same nature as those conveyed under 17 U.S.C. §106A(a) and California Civil Code §987, including intellectual property claims arising from or related to breach of contract, inverse condemnation, conversion, and/or taking of property.

22. Nondiscrimination Clause (2 CCR 11105 Clause b)
a. During the performance of this RGA, the AGENCY, its contractors, its subrecipients, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. AGENCY shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. b. AGENCY shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code Sections 12900 et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code Sections 11135-11139.5), and the regulations or standards adopted by CALTRANS to implement such article. c. AGENCY shall permit access by representatives of the Department of Fair Employment and Housing and CALTRANS upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or CALTRANS shall require to ascertain compliance with this clause.
d. AGENCY and its contractors, its sub-recipients, and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
e. AGENCY shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub-recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under this RGA.

23. Retention of Records/Audits
a. AGENCY, its contractors,
subcontractors, and sub-recipients, agree to comply with Title 2, Code of Federal Regulations (CFR), Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
272
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 10 of 19 ends

b. AGENCY, its contractors, subcontractors, and sub-recipients shall establish and maintain an accounting system and records that properly accumulate and segregate incurred Project costs and matching funds by line. The accounting system of AGENCY, its contractors, all subcontractors, and sub-recipients shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. All accounting records and other supporting papers of AGENCY, its contractors, subcontractors and sub-recipients connected with Project performance under this RGA shall be maintained for a minimum of three (3) years from the date of final payment to AGENCY and shall be held open to inspection, copying, and audit by representatives of CALTRANS, the California State Auditor, and auditors representing the federal government. Copies thereof will be furnished by AGENCY, its contractors, its subcontractors, and sub-recipients upon receipt of any request made by CALTRANS or its agents. In conducting an audit of the costs and match credits claimed under this RGA, CALTRANS will rely to the maximum extent possible on any prior audit of AGENCY pursuant to the provisions of State and AGENCY law. In the absence of such an audit, any acceptable audit work performed by AGENCY’s external and internal auditors may be relied upon and used by CALTRANS when planning and conducting additional audits. c. For the purpose of determining compliance with applicable State and AGENCY law in connection with the performance of AGENCY’s contracts with third parties pursuant to Government Code Section 8546.7, AGENCY, AGENCY’s sub-recipients, contractors, subcontractors, and CALTRANS, shall each maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts. All of the above referenced parties shall make such materials available at their respective offices at all reasonable times during the entire Project period and for three (3) years from the date of final payment to AGENCY under this RGA. CALTRANS, the California State Auditor, or any duly authorized representative of CALTRANS or the United States Department of Transportation, shall each have access to any books, records, and documents that are pertinent to a Project for audits, examinations, excerpts, and transactions, and AGENCY shall furnish copies thereof if requested. d. AGENCY, its subrecipients, contractors, and subcontractors will permit access to all records of employment, employment advertisements, employment application forms, and other pertinent data and records by the State Fair Employment Practices and Housing Commission, or any other agency of the State of California designated by CALTRANS, for the purpose of any investigation to ascertain compliance with this RGA.
e. Additionally, all grants may be subject to a pre-award audit prior to execution of this RGA to ensure AGENCY has an adequate financial management system in place to accumulate and segregate reasonable, allowable and allocable costs.
f. Any contract with a contractor, subcontractor, or sub-recipient entered into as a result of this RGA shall contain all the provisions of this article.

273
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 11 of 19 ends

24. Adjudication of Facts in Disputes
a. Any dispute concerning a question of fact arising under this RGA that is not disposed of by agreement shall be decided by the CALTRANS Contract Officer, who may consider any written or verbal evidence submitted by AGENCY. The CALTRANS Contract Officer shall issue a written decision within 30 days of receipt of the dispute. If AGENCY rejects the decision of the CALTRANS Contract Officer, AGENCY can pursue any and all remedies authorized by law. Neither party waives any rights to pursue remedies authorized by law.
b. Neither the pendency of a dispute nor its consideration by CALTRANS Contract Officer will excuse AGENCY from full and timely performance in accordance with the terms of this RGA.

25. INTENTIONALLY DELETED

26. Third-Party Contracts
a. AGENCY shall perform the work contemplated with resources available within its own organization and no portion of the work shall be contracted to a third party without prior written authorization by the CALTRANS Contract Manager unless expressly included (subrecipient identified) in Attachment III as Project Work. b. All State-government-funded procurements must be conducted using a fair and competitive procurement process. AGENCY may use its own procurement procedures as long as the procedures comply with the local AGENCY’s laws, rules, and ordinances governing procurement and all applicable provisions of State law, including, without limitation, the requirement that the AGENCY endeavor to obtain at least three (3) competitive bids for solicitation of goods, services, and consulting services (see Part 2, Chapter 2, Articles 3 and 4 of the Public Contract Code); a qualifications-based solicitation process, for which statements of qualifications are obtained from at least three (3) qualified firms for architecture and engineering services (see Title 1, Division 5, Chapter 10 of the Government Code); and, the applicable provisions of the State Contracting Manual (SCM), Chapter 5, which are not inconsistent with this Item 23, Third Party Contracts. The SCM can be found and the following link: https://www.dgs.ca.gov/OLS/Resources/Page- Content/Office-of-Legal-Services-Resources-List-Folder/State-Contracting. c. Any contract entered into as a result of this RGA shall contain all the provisions stipulated in this RGA to be applicable to AGENCY’s sub-recipients, contractors, and subcontractors.

Copies of all agreements with sub-recipients, contractors, and subcontractors, must be submitted to the CALTRANS Contract Manager.
d. CALTRANS does not have a contractual relationship with the AGENCY’s subrecipients, contractors, or subcontractors, and the AGENCY shall be fully responsible for all work performed by its subrecipients, contractors, or subcontractors. e. Prior authorization in writing by the CALTRANS Contract Manager shall be required before AGENCY enters into any non-budgeted sub-agreement. AGENCY shall provide an evaluation of the necessity or desirability of incurring such costs. AGENCY shall retain all receipts for such purchases or services and shall submit them with invoices per Section III– Payment and Invoicing, Item 14(e)(4), above.

274
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 12 of 19 ends

f. Any contract entered into by AGENCY as a result of this RGA shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subrecipients, contractors, and subcontractors, will be allowable as Project costs only after those costs are incurred and paid for by the subrecipients, contractors, and subcontractors. Travel expenses and per diem rates for subcontractors shall be reimbursed pursuant to Section III–Payment and Invoicing, Item 14c, above.

27. Drug-Free Workplace Certification
By signing this RGA, AGENCY hereby certifies under penalty of perjury under the laws of California that AGENCY will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code Sections 8350 et seq.) and will provide a Drug-Free workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a). b. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(a)(2) to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The person's or organization's policy of maintaining a Drug-Free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Provide, as required by Government Code Section 8355(a)(3), that every employee who works on the proposed contract or grant:
1) Will receive a copy of the company's Drug-Free policy statement. 2) Will agree to abide by the terms of the company's statement as a condition of employment on the contract or grant.
d. Failure to comply with these requirements may result in suspension of payments under this RGA or termination of this RGA or both, and AGENCY may be ineligible for the award of any future state contracts if CALTRANS determines that any of the following has occurred: (1) AGENCY has made a false certification or, (2) AGENCY violates the certification by failing to carry out the requirements as noted above.

28. Relationship of Parties
It is expressly understood that this agreement is executed by and between two (2) independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party.

29. State-Owned Data
a. AGENCY agrees to comply with the following requirements to ensure the preservation, security, and integrity of State-owned data on portable computing devices and portable electronic storage media:

275
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 13 of 19 ends

1) Encrypt all State-owned data stored on portable computing devices and portable electronic storage media using government-certified Advanced Encryption Standard (AES) cipher algorithm with a 256-bit or 128-bit encryption key to protect CALTRANS data stored on every sector of a hard drive, including temp files, cached data, hibernation files, and even unused disk space.
2) Data encryption shall use cryptographic technology that has been tested and approved against exacting standards, such as FIPS 140-2 Security Requirements for Cryptographic Modules.
3) Encrypt, as described above, all State-owned data transmitted from one computing device or storage medium to another.
4) Maintain confidentiality of all State-owned data by limiting data sharing to those individuals contracted to provide services on behalf of the State, and limit use of State information assets for State purposes only.
5) Install and maintain current anti-virus software, security patches, and upgrades on all computing devices used during the course of the Agreement. 6) Notify the CALTRANS Contract Manager immediately of any actual or attempted violations of security of State-owned data, including lost or stolen computing devices, files, or portable electronic storage media containing State-owned data. 7) Advise the owner of the State-owned data, the AGENCY Information Security Officer, and the AGENCY Chief Information Officer of vulnerabilities that may present a threat to the security of State-owned data and of specific means of protecting that State-owned data. b. AGENCY agrees to use the State-owned data only for State purposes under this Agreement. c. AGENCY agrees to not transfer State-owned data to any computing system, mobile device, or desktop computer without first establishing the specifications for information integrity and security as established for the original data file(s) (State Administrative Manual (SAM) Section 5335.1).

30. CALTRANS’ Use of “Before” and “After” Project Photographs a. AGENCY acknowledges it provided a “Before” photograph of the Project with the AGENCY’s application for the Clean California Local Grant Program. AGENCY acknowledges and agrees it must provide an “After” photograph of the Project as part of the close out reporting process.
b. AGENCY warrants it is the copyright owner of the “Before” and “After” Project photographs. c. Neither the “Before” nor “After” Project photographs shall include the faces of any individuals.
d. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the “Before” and “After” Project photographs, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. e. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. 276
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 14 of 19 ends

31. Limited Grant of Rights to CALTRANS for Use of Educational Programming (“educational programming”) Created or Produced for Project and Visual Art Located Outside of State Right-of- Way (“Artwork”) Created or Produced for Project
a. Educational programming:
i. AGENCY shall obtain from any and all copyright owner(s) of educational programming a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of the educational programming created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. When applicable, AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.
iv. To the extent any logos, including trademarks or service marks, belonging to third parties and/or the AGENCY are used on educational programming created or produced for Project under this RGA, AGENCY agrees to obtain and grant all necessary rights for CALTRANS to use and allow agents of CALTRANS to use the logos in connection with use of the educational programming for non-commercial purposes or State government purposes. This includes but is not limited to reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education and exhibition catalogues or other similar publication. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required. b. Artwork:
i. AGENCY shall obtain from the artist(s), or any other copyright owner(s) of Artwork, a sublicensable, irrevocable, perpetual, royalty-free, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication. AGENCY shall obtain any and all other intellectual property rights necessary to make this grant to CALTRANS as described in this 277
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 15 of 19 ends

RGA.
ii. AGENCY grants to CALTRANS an irrevocable, perpetual, royalty-free, sublicensable, unlimited, worldwide license to prepare derivative works, make, publish, display, and distribute two-dimensional reproductions and/or copies, digitally and in print, of Artwork created or produced for Project under this RGA, or derivatives thereof, for non-commercial purposes or any State government purposes. This includes, but is not limited to, reproductions used in brochures, media publicity, public outreach campaigns (including television and social media campaigns), education, and exhibition catalogues or other similar publication.
iii. AGENCY shall obtain and provide to CALTRANS any and all documentation CALTRANS reasonably determines is necessary or desirable to perfect the license or sublicense described in this RGA to CALTRANS. This documentation shall be provided to CALTRANS within fifteen (15) days of written notice that this documentation is required.

32. Government Purpose Rights for Inventions
a. Inventions are any idea, methodologies, design, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by AGENCY or jointly with the AGENCY’s contractor, subcontractor and/or subrecipient during the term of this RGA and in performance of any work under this RGA, provided that either the conception or reduction to practice thereof occurs during the term of this RGA and in performance of work issued under this RGA.
b. CALTRANS will have Government Purpose Rights to any inventions created as a result of the Project. “Government Purpose Rights” are the unlimited, irrevocable, worldwide, perpetual, royalty-free, non- exclusive rights, and licenses to use, modify, reproduce, perform, release, display, create derivative works from, and disclose any said invention. “Government Purpose Rights” also include the right to release or disclose said invention(s) outside CALTRANS for any State government purpose and to authorize recipients to use, modify, reproduce, perform, release, display, create derivative works from, and disclose the invention(s) for any State government purpose. “Government Purpose Rights” do not include any rights to use, modify, reproduce, perform, release, display, create derivative works from, or disclose the invention(s) for any commercial purpose.

33. Additional Intellectual Property Provisions
a. To the extent any intellectual property is created or produced for Project under this RGA, and not covered in other provisions of this RGA, AGENCY agrees to take reasonable steps to ensure that CALTRANS has the rights necessary to allow for use of the intellectual property in a fashion substantially similar to other rights for non-commercial uses and State government purposes described in this RGA.
b. If additional uses are reasonably determined to be needed by CALTRANS for public outreach purposes, AGENCY will obtain rights and grant CALTRANS and its agents said additional rights for use of the “Before” and “After” Project photos, Artwork created or produced for Project under this RGA, and educational programming created or produced for Project under this RGA. The grant will be an irrevocable, non-exclusive, perpetual, royalty-free, sublicensable, unlimited, worldwide license.
c. When requested to so do by AGENCY, all reproductions and/or copies by CALTRANS of “Before” or “After” Project photographs, educational programming, and Artwork shall contain a credit to the Artist/ Copyright owner(s) and a copyright notice in substantially the following form:
© [Artist/Copyright owner’s name, date of publication]. AGENCY bears sole responsibility to 278
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 16 of 19 ends

promptly notify CALTRANS, in writing, about instances where such accreditation is requested and provide the Artist/ Copyright owner’s name and date of publication. CALTRANS will make reasonable efforts to affix the copyright notice in a timely manner. d. Required disclaimer language for educational programming and Artwork created or produced for Project under this RGA.
i. Educational programming: AGENCY must place a disclaimer statement in a conspicuous manner on the educational programming created or produced for Project under this RGA a disclaimer that states the content of the educational programming does not reflect the official views or policies of CALTRANS. The educational programming does not constitute a standard, specification, or regulation.
ii. Artwork: AGENCY must place a disclaimer statement in a conspicuous manner on or in close proximately to the Artwork created or produced for Project under this RGA a disclaimer statement that the contents of the artwork do not reflect the official views or policies of CALTRANS.
e. Avoidance of Infringement: In performing work under this RGA, AGENCY and its employees agree to avoid designing or developing any items that infringe one or more patents or other intellectual property rights of any third party. If AGENCY or its employees becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY or its employees shall immediately notify CALTRANS in writing. f. Contractors, Subcontractors, and Subrecipients: Through contract with its sub-recipients, contractors, and subcontractors, AGENCY shall affirmatively bind by contract all of its contractors, subcontractors, subrecipients, and service vendors (hereinafter “AGENCY’s Contractor/Subcontractor/Subrecipient”) providing services under this RGA to conform to the provisions of paragraphs 31-33 of this RGA. In performing services under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall agree to avoid designing or developing any items that infringe one (1) or more patents or other intellectual property rights of any third party. If AGENCY’s Contractor/Subcontractor/Subrecipient becomes aware of any such possible infringement in the course of performing any work under this RGA, AGENCY’s Contractor/Subcontractor/Subrecipient shall immediately notify the AGENCY in writing, and AGENCY will then immediately notify CALTRANS in writing.

34. Visual Art Located on California State Right-of-Way AGENCY agrees if Project involves visual art located on California State right-of-way, Project must be submitted and adhere to CALTRANS’ most current Transportation Art Proposal process, policies, guidelines, and requirements. Information regarding CALTRANS’ Transportation Art program can be found at https://dot.ca.gov/programs/design/lap-landscape-architecture-and- community-livability/lap-liv-j-transportation-art. AGENCY bears sole responsibility for ensuring that any Project will be timely submitted through CALTRANS’ Transportation Art Proposal process, approved, and installed prior to any deadlines as required by this RGA. a. AGENCY acknowledges that funds provided by CALTRANS under this RGA shall not be used for maintenance outside of the project time limits as provided in this RGA. b. AGENCY acknowledges that the CALTRANS’ Transportation Art Proposal process requires, among other things, CALTRANS ownership of any tangible visual final artwork, an unlimited, irrevocable copyright assignment to CALTRANS of the final artwork, and waiver of moral rights under California Civil Code § 987 (the California Art Preservation Act) and 17 U.S.C. § 106A(a) (the Visual Artists Rights Act of 1990, “VARA”) of the final artwork.

279
City of Pittsburg
Agreement Number CCL-5127-043
AMS ADV ID: 0422000400

Page 17 of 19 ends

Pittsburg City CouncilJune 6, 2022

Pittsburg City Council
June 6, 2022