Pittsburg City Council
October 3, 2022

CITY OF PITTSBURG
AGENDA
OCTOBER 03, 2022
******* AMENDED AGENDA *******

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 REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8:

Property: 590 W. 10th Street (APN 085-270-019); Pittsburg Power Company negotiators: Garrett Evans, Maria Aliotti; Negotiating parties: Trans Bay Cable; Under negotiation: Price and terms of payment
2 CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION
Initiation of litigation pursuant to Section 54956.9(d)(4) Number of cases: one
3 CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Section 54957.6 City designated representatives: Mary Egan, MRG, LLC; Jennifer Brizel Unrepresented employees: City Manager and City Attorney 7:00 P.M. - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS
4 Contra Costa Transportation Authority Programs, Projects and Visions for the Future
5 Civicorps

PROCLAMATIONS
6 Clean Air Day
7 National Breast Cancer Awareness Month
8 National Arts and Humanities Month
9 National Filipino American History Month
10 National Italian American Heritage Month
2 11 National Immigrants Day

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
12 By Minute Order, Select Commission Appointments to Vacancies on the Community Advisory, Planning Commission and Youth Advisory Commission Openings exist on the Community Advisory Commission (CAC), Planning Commission, and Youth Advisory Commission. The City has advertised for all openings and received applications for all Commissions. All applicants were invited to interview with the City Council on September 12 and 5 applicants total were interviewed at that time. Two applicants for the Planning Commission had interviewed previously and were also considered at this time. 13 Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Service Agreements with 4LEAF, Inc. for On-Call Code Enforcement Officer Services
The proposed item would authorize the City Manager to execute a consultant service agreement with 4LEAF, Inc. in an amount not to exceed $100,000, and would allocate $100,000 to the consultant budget for contract code enforcement officer services.
14 Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement by and Between the City of Pittsburg and Stay Cal Pittsburg LLC and Authorizing the City Manager to Negotiate and Execute Amendments and Agreements to Carry Out the Seventh Amendment
On December 5, 2018, the City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into an Amended and Restated Purchase and Sale Agreement (“Agreement”) regarding Stay Cal’s acquisition of real property located at the southwest corner of 3 Center Drive and Railroad Avenue (APN: 086-100-047) for construction of a hotel (“Project”). This Seventh Amendment to the Agreement would modify and update the total amount of the City-provided loan, including the rate, term, repayment schedule, and City contribution; and modify certain dates within the Schedule of Performance.
15 Consideration of a City Council Request for a Future Agenda Item Related to Creating a Community Volunteer Database
At the September 19, 2022, City Council meeting, Council Member Craft requested a future agenda item related to creating a Community Volunteer Database that would provide information to residents regarding community volunteering opportunities.
16 Consideration of a City Council Request for a Future Agenda Item Related to Creating a Culture and Diversity Initiative
At the September 19, 2022, City Council meeting, Council Member Craft requested a future agenda item related to creating a Culture and Diversity Initiative that would provide criteria and process for local organizations to seek assistance and funding for events.

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
17 Minutes of September 19, 2022
18 Adoption of a City Council Resolution to Authorize the City Manager to Execute Agreements with the California Department of Transportation for the Living Green Pittsburg – Trail and Community Outreach Project
The city was awarded the Clean California Grant for the design and construction of the Living Green Pittsburg – Trail and Community Outreach Project (the “Project”). On August 1, 2022, the City Council accepted the grant and allocated matching funds. The City Council must designate an authorized signatory to execute an agreement with Caltrans. This resolution will authorize the City Manager to execute the restricted grant agreement and amendments thereto with the California Department of Transportation.
19 Adoption of a City Council Resolution Approving the Re-allocation of Funds from Project 5209 to Project 5003 and Approving a Consultant Agreement for the Design of Project 5003 West Santa Fe Avenue Sewer and Water Rehabilitation Project
Project 5003, West Santa Fe Avenue Sewer and Water Rehabilitation Project (the “Project”) is for the removal, abandonment and replacement of sewer and water 4 mains in three different locations in the city. This resolution will authorize the re- allocation of funds from project 5209, Sewer Replacement/Rehabilitation Program to Project 5003, West Santa Fe Avenue Sewer and Water Rehabilitation Project, and approve a Consultant Agreement with Hydroscience Engineers, Inc. in the amount of $703,845 for the design of the Project.
20 Adoption of a City Council Resolution to Designate City Agents Authorized to Apply for State and Federal Disaster Relief Assistance
The California Governor’s Office of Emergency Services (Cal OES) has oversight for public financial assistance request due to State and Federal declared disasters. Cal OES requires the Council to designate positions within the City every three years to be eligible for financial disaster assistance. The resolution will authorize the City Manager, Finance Director, and City Engineer as designated agents to provide for all matters pertaining to State and Federal Emergency Management Agency (FEMA) financial assistance.
21 Adoption of City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a New E60 Excavator
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including an excavator that needs replacement. If approved, this resolution will authorize a purchase contract with Clark Equipment Company dba Bobcat Company (“Bobcat”) for a new E60 R2-Series Bobcat Compact Excavator.
22 Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement for a Wharf Asset Evaluation The City of Pittsburg is owner of a former industrial wharf once used for movement of materials in association with an upland power plant. Due to factors including but not limited to the wharf’s historical use and time of construction, the City is interested in evaluation of the wharf to identify disposition options for the structure and develop a reuse plan.
23 Adoption of a City Council Ordinance Approving a Zoning Map Amendment for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR) On September 19, 2022, the City Council held a public hearing on a request for approval of a 17-lot, single-family residential, subdivision on a 1.8-acre site located at 360 Central Avenue in the RS-5 (Single-Family Residential) District.

Assessor Parcel Number 086-151-002. After closing the public hearing, the Council adopted Resolution No. 22-14162 approving a General Plan Map amendment, a Vesting Tentative Map for a Major Subdivision and Design Review of landscape and architectural plans. The City Council also introduced and waived further reading of an ordinance approving a Zoning Map amendment for the project. The ordinance is now ready for City Council adoption. 24 Adoption of a City Council Resolution Approving the Installation of Speed Humps on Manville Avenue
5 The City’s Traffic Calming Policy includes specific criteria to be used when considering the use of speed humps to calm traffic on local streets. If the City Council approves the proposed speed humps on Manville Avenue between Madoline Street and Riverview Drive, installation can be scheduled this year. 25 Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for New Chevrolet Vehicles
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure. Purchasing new vehicles is necessary to replace vehicles that have lower reliability and are requiring more maintenance. If approved, the resolution authorizes the purchase of 2 new Chevrolet Tahoe vehicles from California Automotive Retailing Group, Inc. dba Dublin Chevrolet, “piggybacking” off a competitive bid process undertaken by County of Alameda.
26 Adoption of a City Council Resolution Approving an Agreement with Metropolitan Transportation Commission for Traffic Signal Synchronization on Buchanan Road, Railroad Avenue, and West Leland Road Corridors
The Metropolitan Transportation Commission (MTC) recently approved $111,900 grant award to the City through its Program for Arterial System Synchronization (PASS), to improve travel time along the Buchanan Road, Railroad Avenue, and West Leland Road corridors. The attached resolution approves an agreement between MTC and the City, which is required for the grant. 27 Adoption of a City Council Resolution Approving Agreements between California Department of Transportation (Caltrans) and City of Pittsburg for the BART Pedestrian and Bicycle Connectivity Project
Authorize the City Manager, upon recommendation of the City Engineer, to enter into a Project Specific Pedestrian and Bicycle Maintenance Agreement, Amendment No.1 of Freeway Maintenance Agreement, and State Highway Relinquishment Agreement between Caltrans and the City of Pittsburg for the BART Pedestrian and Bicycle Connectivity Project.

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 October 17, 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 September 19, 2022

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

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

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

EXECUTIVE SUMMARY
Openings exist on the Community Advisory Commission (CAC), Planning Commission, and Youth Advisory Commission. The City has advertised for all openings and received applications for all Commissions. All applicants were invited to interview with the City Council on September 12, 2022 and five applicants total were interviewed at that time. Two applicants for the Planning Commission had interviewed previously and were also considered at this time.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
Staff recommends appointment of eligible candidates to the CAC, Planning Commission and Youth Advisory Commission.

BACKGROUND
There is one vacancy on the Planning Commission. This is a seat vacated in July and the term ends on February 28, 2023.

There is one vacancy on the Community Advisory Commission (CAC). This is a seat vacated earlier this year and the term ends on February 28, 2024.

There are ongoing vacancies on the Youth Commission.
2 each Junior High
1 each any age
2 each college
15 SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
On September 12, 2022, the City Council reviewed four applications for appointment to the Planning Commission. On that date candidate interviews were held. Two candidates were interviewed prior to this meeting. Two candidates were not in attendance. There is one vacancy. The candidates are:

Eric Christiansen (did not interview)
Dori Jones (previously interviewed)
Sarah Miller (did not interview)
Bernadette Silva (previously interviewed)
On September 12, the City Council reviewed four applications for appointment to the CAC.

On that date candidate interviews were held. All candidates were in attendance. There is one vacancy. The candidates are:

Steven Davi-Fowler
Isabel Romena
Jennifer Rubio
Shavaun Tolliver (also interviewed for Planning Commission) On September 12, 2022, the City Council reviewed three applications for appointment to the Youth Advisory Commission. On that date candidate interviews were held. One candidate was in attendance. There are continuing vacancies on the Youth Commission:
2 each Junior High
1 each any age
2 each college
Candidates are:

Ariana Barakzai (Junior at LMC)
Lieli Barakzai (High School Senior) (did not interview) Xorren Lewis (High School Junior) (did not interview)
ATTACHMENTS:

Applications
Report Prepared By:

Alice E. Evenson, City Clerk
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32 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Service Agreements with 4LEAF, Inc. for On-Call Code Enforcement Officer Services
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
The proposed item would authorize the City Manager to execute a consultant service agreement with 4LEAF, Inc. in an amount not to exceed $100,000, and would allocate $100,000 to the consultant budget for contract code enforcement officer services.

FISCAL IMPACT
The funds for this contract have been allocated as part of the adopted Fiscal Year 2022-23 Code Enforcement budget for contractual services. Staff is requesting authorization to enter into an agreement to expend these funds.

RECOMMENDATION
City Council adopt the attached resolution authorizing the City Manager to negotiate and execute a consultant service agreement with 4LEAF, Inc. for on-call code enforcement officer services.

BACKGROUND
Staff is inundated with new service requests. A budget of $100,000 was allocated to Code Enforcement for additional on call services. 4LEAF, Inc. has provided sufficient qualifications of consultants available for services to the City. 33 SUBCOMMITTEE FINDINGS
In March 2022, the Economic Development Subcommittee, as part of its discussion on potential uses of American Rescue Plan Act (ARPA) funds, considered the use of up to $300,000 for contract code enforcement services. While ARPA funds were not ultimately allocated, the Subcommittee generally supported the use of funding to allow for contract code enforcement.

On May 9, 2022, the City Council held a budget workshop, which included a discussion on the use of up to $300,000 over the current and next two fiscal years ($100,000 annually) for contract code enforcement services.

STAFF ANALYSIS
In March 2022, staff requested proposals for contract code enforcement services from three consultants; two of the consultants for which a proposal was solicited responded to the request.

Due to the qualifications and availability of consultants, staff recommends the City utilize 4LEAF, Inc. for on call code enforcement officer services. 4LEAF currently provides outside plan check services for the City’s Building Division, as well as contract Chief Building Official and building inspection services. 4LEAF has an extensive staff that is well-equipped to address municipal code violations, as well as assist with building code violations as well.

The primary focus of the contract code enforcement officer(s) provided by 4LEAF will be commercial properties in order to address property maintenance, illegal signage, and businesses operating outside of their approvals. Staff believes the requested amount will allow 4LEAF to conduct inspections, multiple reinspections, and write citations for a minimum of five commercial shopping centers within the City.

Staff views addressing code enforcement issues within commercial centers as a significant economic and community development activity, as addressing these issues will improve the shopping experience for residents, help businesses thrive, and improve quality of life.

It should be note that increased Code Enforcement presence within commercial and industrial areas is supported by Economic Strategic Plan Policies 2.1 and 2.2.

ATTACHMENTS:

1. Proposed Resolution

2. Contract and Services Agreement 4LEAF, Inc.

Report Prepared By: Myla Rivers, Code Enforcement Supervisor 34 Resolution No. 22- Page 1 of 1 October 3, 2022

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

Authorizing the City Manager to Negotiate ) RESOLUTION NO. 22- and Execute a Consultant Service Agreement )
with 4LEAF, Inc. for On-Call Code )
Enforcement Officer Services )
WHEREAS, the City of Pittsburg has a need for additional code enforcement services to assist with inspections and enforcement to ensure commercial property compliance with the model codes adopted in the City’s municipal code on an on-call basis; and WHEREAS, staff views addressing code enforcement issues within commercial centers as a significant economic and community development activity, as addressing these issues will improve the shopping experience for residents, help businesses thrive, and improve quality of life; and
WHEREAS, the funds for this contract have been allocated as part of the adopted Fiscal Year 2022-23 Code Enforcement budget for contractual services; and WHEREAS, staff requested qualifications from 4LEAF, Inc.; and WHEREAS, staff reviewed the qualifications submitted and has confirmed said firm has qualified staffing available for on-call code enforcement officer services for use during the current fiscal year.

NOW THEREFORE BE IT RESOLVED that the City Council hereby approves the attached qualified code enforcement officer services firm for use on an on-call basis and authorizes the City Manager to negotiate and enter into agreements with said firm. The maximum amount shall set at $100,000 for fiscal year 2022-2023.

BE IT FURTHER RESOLVED that the attached firm shall be valid for a period of two years from the date of this resolution and may be extended by the City Manager for an additional year.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
35 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 1 of 15

CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
4LEAF, INC.

THIS Agreement (“Agreement”) for on call code enforcement officer services is made by and between the City of Pittsburg, a California municipal corporation (“City”), and 4LEAF, Inc., a California corporation (“Consultant”) (together referred to as the “Parties”) as of October 4, 2022 (the “Effective Date”).

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

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, or the date the total compensation set forth in Section 2 of this Agreement is fully expended, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

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

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

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
36 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 2 of 15

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Thousand Dollars ($100,000), as set forth in Exhibit A, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

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

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

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed 37 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 3 of 15

invoices that comply with the above requirements within 30 days from the receipt of the invoice.

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

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

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

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

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

4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
38 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 4 of 15

4.2 Commercial General and Automobile Liability Insurance.

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

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

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability
Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for
liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment
furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the
Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as
broad as CG 20 10 11 85, or both CG 20 10 10 01 and
CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers,
officials, employees, agents, and volunteers. Any
insurance or self-insurance maintained by the City, its 39 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 5 of 15

officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and non-
contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.

4.3 Professional Liability Insurance.

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

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after
completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a
retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage
for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the
commencement of any work under this Agreement.
40 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 6 of 15

4.4 All Policies Requirements.

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

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

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

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

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

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

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
41 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 7 of 15

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

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.

5.1 General Indemnification. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, subcontractors and subcontractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages, attorneys’ fees and other related costs and expenses. Contractor shall defend, at Contractor's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents, or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs, including reasonable attorneys’ fees, incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its directors, officials, officers, employees, agents or volunteers. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain 42 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 8 of 15

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

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

Section 6. STATUS OF CONSULTANT.

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

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

Section 7. LEGAL REQUIREMENTS.

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

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

7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are 43 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 9 of 15

legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.

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

7.5 Registration and Monitoring. Consultant shall be currently registered with the Department of Industrial Relations and qualified to perform public work consistent with Labor Code section 1725.5, except in limited circumstances as referenced in Labor Code section 1771.1(a).

Additionally, Consultant is hereby notified that this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

7.6 Prevailing Wage Rates. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the services described in Exhibit A are to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work as provided in the California Labor Code must be paid to all workers engaged in performing the services described in Exhibit A. In accordance with California Labor Code Section 1773.2, the City has obtained the general prevailing wages in the locality in which the services described in Exhibit A are to be performed for each craft or type of work needed to be as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the City’s General Services Department and shall be made available on request. Contractor must comply with all applicable laws and regulations that apply to wages earned in performance of the services described in Exhibit A. 44 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 10 of 15

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

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

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

Section 8. TERMINATION AND MODIFICATION.

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

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

8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and 45 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 11 of 15

competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.

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

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

8.5.1 Immediately terminate the Agreement.

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

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

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

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

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and 46 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 12 of 15

that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission.

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

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

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the 47 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 13 of 15

provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

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

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

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

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

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

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

Consultant : 4LEAF, Inc.
2126 Rheem Dr.

Pleasanton, CA 94588
Attn: Mike Leontiades
48 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 14 of 15

City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager

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

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

Exhibit A Scope of Services and Compensation Schedule

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

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

10.13 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties. 49 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 15 of 15

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

CITY OF PITTSBURG CONSULTANT: 4LEAF, Inc
____________________________ ______________________________ Garrett Evans, City Manager Kevin Duggan, President
Attest:
____________________________
Alice Evenson, City Clerk
Approved as to Form:
____________________________
Donna Mooney, City Attorney
50 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 1 of 2

EXHIBIT A
Duties to be performed by Consultant
For the City’s Code Enforcement Division
SCOPE OF DUTIES:

At the request of, and as directed by the City’s Code Enforcement Supervisor, Myla Rivers, Consultant shall provide on-call code enforcement services. Code Enforcement services shall be provided on an as-needed basis as determined by the Code Enforcement Supervisor. City will provide a vehicle for Code Enforcement inspection services.

COMPENSATION SCHEDULE:

City shall be billed hourly at the following rates:

Schedule of Hourly Rates
Description Hourly Rate
Senior Code Enforcement Officer $130
Code Enforcement Officer $110
REIMBURSABLE EXPENSES:
51 Consulting Services Agreement between October 4, 2022 City of Pittsburg and 4Leaf Inc Page 2 of 2

CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

CONSULTANT : 4LEAF, Inc.

By:

Title: Kevin Duggan, President
2784987.1
52 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement by and Between the City of Pittsburg and Stay Cal Pittsburg LLC and Authorizing the City Manager to Negotiate and Execute Amendments and Agreements to Carry Out the Seventh Amendment
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
On December 5, 2018, the City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into an Amended and Restated Purchase and Sale Agreement (“Agreement”) regarding Stay Cal’s acquisition and development of real property located at the southwest corner of Center Drive and Railroad Avenue (APN: 086-100-047) for construction of a hotel (“Project”). This Seventh Amendment to the Agreement would modify and update the total amount of the City-provided loan, including the rate, term, repayment schedule, and City contribution; and modify certain dates within the Schedule of Performance.

FISCAL IMPACT
As part of the proposed Seventh Amendment to the Agreement, the City would provide Stay Cal with a loan in an amount not to exceed $4,300,000. The funds would be paid back at a current market interest rate, which would increase over the term of the loan from 3% to 6%.

It should be noted that the City has previously agreed to provide Stay Cal with a contribution equal to the maximum $599,999, so long as it is less than 2% of the total cost of the Project.

This contribution would not be altered as part of this Seventh Amendment.

Staff anticipates the Project, once operational, would generate approximately $500,000 annually in transit occupancy tax (“TOT”), which would support the City’s general fund.

RECOMMENDATION
Staff recommends that the City Council take public testimony, then move to adopt the attached resolution authorizing the City Manager to negotiate and execute the Seventh 53 Amendment to the Amended and Restated Purchase and Sale Agreement as well as amendments to the Deed of Trust, Promissory Note, and other agreements consistent with the term of the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement.

BACKGROUND
On December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property. The Agreement outlines the responsibilities of both the City and Stay Cal, including the purchase price and sale of the property, schedule of performance, fee deferrals, payment of TOT, annexation into community facility districts (CFDs) and the light and landscaping district (LLD), and transfer of the property or a portion thereof to a third party.

Between June 2019 and April 2022, the City and Stay Cal executed six amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date, as well as to modify the payment of fees and repayment provisions of the Agreement, allow for the sale of a portion of the property to a third party, and memorialize a potential City contribution of up to $599,000. Pursuant to the requirements of Government Code Section 53083, the City Council adopted an Economic Development Subsidy Report, which has not been impacted by this Seventh Amendment.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Revisions to the Buyer’s proposed project funding and construction plans and the impacts of COVID-19 and the construction market have necessitated that Stay Cal seek additional financing opportunities for the Project. Stay Cal and the City agree that a loan from the City to cover certain costs related to site work and development fees would be a mutually beneficial solution to ensure development of the Project, which will have significant monetary and aesthetic impacts for the City.

This Seventh Amendment to the Agreement would authorize a City-backed loan not-to- exceed $4,300,000. The previous loan on the land sale ($1,678,110) and deferred fees ($463,000) carried an interest rate of 2.5%; the interest rate on the additional amount (approximately $2,158,890) would grow from 3.49% to 9.41% over the course of the 30-plus year term. The previous loan and deferred fees would be rolled into the new loan, creating an effective “blended” interest rate growing from 3% in years 0-2 to 6% in years 16-30. The loan would be secured by a promissory note and deed of trust.

As part of the Agreement, Stay Cal would be required to begin construction no later than October 17, 2022. Stay Cal would also be required to: 1) secure a completion bond to the satisfaction of the City; and 2) provide a personal guarantee to the satisfaction of the City until operation of the hotel commences. Further, Stay Cal shall be required to place a covenant on the Property limiting allowed uses to hotels. Funds provided by the City would be disbursed directly to payees (potentially through an escrow account) and the City shall reserve the right to review all financial information related to construction of the Project as well as final loan documents, including conditions to fund. Developer shall satisfy conditions to fund other than City funding and transfer of property. 54 Approval of this Amendment would also necessitate the amendment of the Deed of Trust and Promissory Note, and potentially other documentation, to ensure consistency with the amended agreement. Staff is requesting City Manager authorization to approve amendments as applicable and necessary provided they are consistent with the Seventh Amendment.

Staff notes that prior to recommending approval of this Seventh Amendment, the City has engaged two financial consultants (NHA Advisors and Kosmont Companies) to review the financial and loan documents provided by Stay Cal and the proposed amendment. The City will continue to utilize the expertise of these two firms to review financial disclosures and other documentation as necessary throughout the construction period.

ATTACHMENTS:

1. Resolution

2. Proposed Seventh Amendment to the Amended and Restated Purchase and Sale Agreement

3. Amended and Restated Purchase and Sale Agreement (including amendments 1-6) Report Prepared By: Jordan Davis, Director of Community and Economic Development 55 Resolution No. 22-_____ Page 1 of 3 October 3, 2022

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

Authorizing the City Manager to ) RESOLUTION NO. 22-
Negotiate and Execute the Seventh )
Amendment to the Amended and Restated )
Purchase and Sale Agreement by and )
between the City of Pittsburg and Stay Cal )
Pittsburg LLC, and Authorizing the City )
Manager to Negotiate and Execute Further )
Amendments to Agreements to Carry Out )
the Seventh Amendment )
WHEREAS, the City of Pittsburg wishes to further the economic development within the City; and
WHEREAS, City and Stay Cal Pittsburg LLC (“Stay Cal”) entered into that certain Amended and Restated Purchase and Sale Agreement with an effective date of December 5, 2018 (“Agreement”) regarding Stay Cal’s acquisition of real property located at southwest corner of Center Drive and Railroad Avenue, also known as Assessor’s Parcel Number (APN) 086-100-047 (formerly APN: 086-100-045) (“Property”); and
WHEREAS, City and Stay Cal entered into that First Amendment to Amended and Restated Purchase and Sale Agreement on June 18, 2019 (“First Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and extended the close of escrow date; and WHEREAS, City and Stay Cal entered into that Second Amendment to Amended and Restated Purchase and Sale Agreement on September 27, 2019 (“Second Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and extended the close of escrow date; and WHEREAS, City and Stay Cal entered into that Third Amendment to Amended and Restated Purchase and Sale Agreement on November 14, 2019 (“Third Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance”; and
WHEREAS, the sale of the Property closed escrow on December 24, 2019; and WHEREAS, City and Stay Cal entered into that Fourth Amendment to Amended and Restated Purchase and Sale Agreement on September 14, 2020 (“Fourth Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance,” and modified the payment of fees and repayment provisions of the Agreement; and
56 Resolution No. 22-_____ Page 2 of 3 October 3, 2022 WHEREAS, City and Stay Cal entered into that Fifth Amendment to Amended and Restated Purchase and Sale Agreement on January 14, 2021 (“Fifth Amendment”) which extended certain dates on Exhibit C of the Agreement, “Schedule of Performance”; and
WHEREAS, City and Stay Cal entered into that Sixth Amendment to Amended and Restated Purchase and Sale Agreement on April 13, 2022 (“Sixth Amendment”) to include the following notable changes: 1) extend certain dates within the “Schedule of Performance” (Exhibit C of Agreement); 2) extend the term of the loan for purchase of the property to 25 years; 3) modify the dates for commencement of repayment on the principal and interest of the property sale; 4) update the amount of fees subject to the fee deferral in order to reflect fee increases in the past two years, as well as to require interest be paid on the deferred amount; 5) establish a City contribution equal to the maximum $599,999, so long as it is less than 2% of the total cost of the Project; 6) eliminate the portion of the Agreement authorizing the additional 2% TOT charge for repayment of deferred fees, while establishing a required payment should the Project be utilized in any way in which TOT is not collected; 7) permitted transfers to facilitate the pad development 8) requiring 75% of the proceeds from the sale of a portion of the property be held in escrow and distributed upon completion of certain construction tasks by Stay Cal; and 9) amendment to section 9.6 to ensure that potential proceeds from sale of the property be shared equally by Stay Cal and the City; and WHEREAS, revisions to the Buyer’s proposed project funding and construction plans and the impacts of COVID-19 and the construction market have necessitated that Stay Cal seek additional financing opportunities for the Project. Stay Cal and the City agree that a loan from the City to cover certain costs related to site work and development fees would be a mutually beneficial solution to ensure development of the Project, which will have significant monetary and aesthetic impacts for the City; and WHEREAS, the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement (“Seventh Amendment”) would authorize a City-backed loan not- to-exceed $4,300,000; and
WHEREAS, the loan would be secured by a promissory note and deed of trust; and
WHEREAS, as part of the Agreement, Stay Cal would be required to begin construction no later than October 17, 2022; and
WHEREAS, Stay Cal would also be required to: 1) secure a completion bond to the satisfaction of the City; and 2) provide a personal guarantee to the satisfaction of the City until operation of the hotel commences; and
WHEREAS, Stay Cal shall be required to place a covenant on the Property limiting allowed uses to hotels; and
57 Resolution No. 22-_____ Page 3 of 3 October 3, 2022 WHEREAS, funds provided by the City would be disbursed directly to payees (potentially through an escrow account) and the City shall reserve the right to review all financial information related to construction of the Project as well as final loan documents, including conditions to fund; and
WHEREAS, approval of the Seventh Amendment would also necessitate the amendment of the Deed of Trust and Promissory Note, and potentially other documentation, to ensure consistency with the amended agreement.

WHEREAS, on October 3, 2022, during its regularly scheduled meeting, the City Council took public testimony prior to considering this item.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement, as substantially presented to the City Council; and
BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg authorizes the City Manager to negotiate and execute amendments to the Deed of Trust, Promissory Note, and other subsequent agreements necessary to carry out the obligations of this Seventh Amendment.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
58 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 1 of 9

SEVENTH AMENDMENT TO AMENDED AND RESTATED

PURCHASE AND SALE AGREEMENT BY AND BETWEEN THE CITY OF

PITTSBURG AND STAY CAL PITTSBURG LLC
APN: 086-100-047 (formerly APN: 086-100-045)

THIS SEVENTH AMENDMENT TO AMENDED AND RESTATED PURCHASE AND SALE AGREEMENT (“Seventh Amendment”), dated for reference as October 4, 2022, is entered into by and between the City of Pittsburg, a California municipal corporation (“Seller or City”), and Stay Cal Pittsburg LLC, a California limited liability company (“Buyer or Stay Cal”). City and Stay Cal are collectively referred to herein as the “Parties.”

RECITALS
A. Seller and Buyer entered into that certain Amended and Restated Purchase and Sale Agreement with an effective date of December 5, 2018 (“Agreement”) regarding Buyer’s acquisition of real property located at southwest corner of Center Drive and Railroad Avenue, also known as APN: 086-100-045 (“Property”), as more particularly described in Exhibit A to the Agreement.

B. Seller and Buyer entered into that First Amendment to Amended and Restated Purchase and Sale Agreement on June 18, 2019 (“First Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and extended the close of escrow date.

C. Seller and Buyer entered into that Second Amendment to Amended and Restated Purchase and Sale Agreement on September 27, 2019 (“Second Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and extended the close of escrow date.

D. Seller and Buyer entered into that Third Amendment to Amended and Restated Purchase and Sale Agreement on November 14, 2019 (“Third Amendment”) which extended certain dates on Exhibit C of the Agreement and Schedule of Performance.

E. The sale of the Property closed escrow on December 24, 2019.

F. Seller and Buyer entered into that Fourth Amendment to Amended and Restated Purchase and Sale Agreement on September 14, 2020 (“Fourth Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and modified the payment of fees and repayment provisions of the Agreement.

G. Seller and Buyer entered into that Fifth Amendment to Amended and Restated Purchase and Sale Agreement on January 14, 2021 (“Fifth Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance. 59 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 2 of 9

H. Seller and Buyer entered into that Sixth Amendment to Amended and Restated Purchase and Sale Agreement on April 13, 2022 (“Sixth Amendment”) which extended certain dates on Exhibit C of the Agreement, Schedule of Performance, and modified the payment of fees and repayment provisions of the Agreement.

As part of the Sixth Amendment, the City further agreed to provide Stay Cal with a contribution equal to the maximum of Five Hundred Ninety-Nine Thousand Nine Hundred and Ninety-Nine Dollars ($599,999), so long as it is less than two percent (2%) of the total cost of the Project (the “Contribution”) and authorized the creation and sale of a second parcel for development of a quick serve restaurant with drive-thru service.

I. Revisions to the Buyer’s proposed project funding and construction plans has necessitated further evaluation by the City and has required that certain dates in Exhibit C of the Agreement, Schedule of Performance be extended.

J. The Buyer is seeking additional financing, and Buyer and City agree that a loan from the City to cover certain costs related to site work and development fees would be a mutually beneficial solution to ensure development of the Project.

NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree to amend the Agreement as follows:

1. Recital G. Recital G is hereby amended to read as follows: Stay Cal intends to purchase the Property and construct a Courtyard by Marriott or equivalent hotel brand rated STR chain upscale or better on the Property with at least 117 rooms (the “Project”).

2. Recital I. Recital I is hereby amended to read as follows: Stay Cal has requested, and City has agreed to provide a loan to the Buyer in a total amount not to exceed Four Million Three Hundred Thousand Dollars ($4,300,000) to be used for payment of City and other agency development fees; completion of site improvements and construction activities such as but not limited to grading, utility installation, building construction, landscaping installation, paving, and frontage improvements; purchase of a completion bond; and the purchase of the property by Stay Cal from City. Loan shall be repaid by Stay Cal in monthly payments until fully repaid, pursuant to a recorded Promissory Note (the “Promissory Note”) or as applicable, an Amended Promissory Note (the “Amended Promissory Note”) substantially in the form attached as Exhibit E of Agreement.

3. Section 2.3.6 Payment of Fees. Section 2.3.6 is hereby amended to read as follows: Payment of Fees. Stay Cal shall be required to pay, when due, all customary and reasonable fees and charges in connection with the processing of permits and approvals.
60 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 3 of 9

4. Article V City Financial Assistance. Article V is hereby amended to read as follows:

ARTICLE V

CITY FINANCIAL ASSISTANCE

5.1 Loan and Note. To assist in the acquisition of the property and construction of the project, City shall provide a Loan in the total amount of Four Million Three Hundred Thousand Dollars ($4,300,000) (the “Loan”). The Loan shall be evidenced by a secured promissory note dated as of the Closing Date, or a later date, if amended, and executed by Stay Cal substantially in the form attached hereto as Exhibit E (the “Note”) and shall be secured by the Deed of Trust (the “Deed of Trust”) or Amended and Restated Deed of Trust (“the “Amended and Restated Deed of Trust”) which shall be recorded against the Property subject only to City’s Permitted Exceptions.

Commencing on the date of fund disbursement for this portion of the Loan and continuing through the date that all indebtedness and other amounts payable under this Agreement and the Note are paid in full, interest on the Loan shall accrue at a commercially reasonable interest rate identified in Section 5.2 of this SEVENTH Amendment.

5.2 Interest. Commencing on the date of fund disbursement for the Loan and continuing through the date that all indebtedness and other amounts payable under this Agreement and the Note are paid in full, interest shall accrue at commercially reasonable interest rates (noted below) calculated as simple interest per annum on the unpaid principal outstanding from time to time, computed on a basis of a 365-day year.

Interest is due and payable upon an event of default under Article IX hereof. The interest rates noted above shall be applied to the entire principal amount then outstanding, with year zero (“0”) occurring at the initial disbursement of principal (each new disbursement shall not “restart” the period interest increases).

The interest rate shall be as follows:
 Years 0-2: 3.00%
 Years 3-5: 3.75%
 Years 6-10: 4.5%
 Years 10-15: 5.25%
 Years 16-30: 6.00%

5.3. Term; Extension of Term. The term of the Loan shall commence on October 4, 2022, and shall end 30 years following commencement of repayment (the “Maturity Date”). Notwithstanding the foregoing, the City shall have the right to accelerate the maturity date and declare all sums payable under the Note immediately due and payable upon the occurrence of an Event of Default. Accrued interest during construction will be added to the Loan amount in which principal and interest payments shall commence as set forth in Section 5.5 Repayment below. 61 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 4 of 9

5.4 (Reserved)

5.5 Repayment. Stay Cal shall make monthly principal and interest payments to the City, under this Agreement, commencing on the earlier to occur of the following:
(i) the first day of the calendar month after the Courtyard by Marriott or equivalent hotel brand that Stay Cal constructs on the Property receives its Certificate of Occupancy or (ii) two (2) years from April 1, 2022, regardless of whether a Courtyard by Marriott or equivalent hotel brand has been constructed on the Property and/or is open to the public (“Monthly Payment Commencement Date”) and shall continue making such monthly payments until that date that is thirty (30) years after the Monthly Payment Commencement Date (the “Maturity Date”). For purposes of illustration only: (i) if the Courtyard by Marriott or equivalent hotel brand on the Property were to open to the public on January 15, 2024, the Monthly Payment Commencement Date as defined in this Agreement would be February 1, 2024, and Stay Cal would then be obligated to commence making the required monthly principal and interest payments to City through January 1, 2053, which would represent the Maturity Date pursuant to this hypothetical example; and (ii) if April 1, 2024 has passed and the Buyer has failed to construct a Courtyard by Marriott or equivalent hotel brand that is open to the public on or before April 1, 2024, the Monthly Payment Commencement Date shall be April 1, 2024 and the Maturity Date would be March 1, 2053.

5.6 Security. As security for repayment of the Note, Stay Cal shall execute a Deed of Trust (the “Deed of Trust”) or if applicable an Amended and Restated Deed of Trust (the “Amended and Restated Deed of Trust”) in favor of City as beneficiary pursuant to which City shall be provided a lien against Stay Cal’s interest in the Property and the Project. The Deed of Trust shall be dated as of the Closing Date, shall be substantially in the form attached hereto as Exhibit F, and shall be recorded in the Official Records on the Closing Date. The Deed of Trust may be subordinated only to the City’s Permitted Exceptions and such liens and encumbrances as City shall approve in writing. The City shall subordinate to any construction or permanent financing for this Project.

5.7 Prepayment. Stay Cal shall have the right to prepay the Loan at any time and from time to time, without penalty or premium, provided that any prepayment of principal must be accompanied by interest accrued but unpaid to the date of prepayment. Prepayments shall be applied first to accrued but unpaid interest and then to principal.

5.8 Conditions Precedent to Loan. City’s obligation to fund the Loan is conditioned upon the satisfaction of all of the conditions set forth in Sections 2.3 and 3.8 and all of the following conditions:

5.8.1 The conveyance of the Property to Stay Cal;

5.8.2 Stay Cal’s execution and delivery to City of this Agreement, the Note and the Deed of Trust or Amended and Restated Deed of Trust; 62 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 5 of 9

5.8.3 Recordation of the Deed of Trust or Amended and Restated Deed of Trust in the Official Record;

5.8.4 Stay Cal’s delivery to City of evidence reasonably satisfactory to City that there are no mechanics’ liens or stop notices related to the Property or the Project, and Stay Cal’s provision to City of full waivers or releases of lien clams if required by City;

5.8.5 Stay Cal’s delivery to the City of evidence of property and liability insurance coverage and payment and performance bonds in accordance with the requirements set forth herein. City must review and approve fund control and performance/completion bonds or similar mechanism approved by City;

5.8.6 No material adverse change as determined by City in its reasonable judgment shall have occurred in the condition of the Property or the Project or in the financial or other condition of Stay Cal since the Effective Date of this Agreement;

5.8.7 Stay Cal’s delivery to City of each of the following: (i) certificate of good standing, certified by the Secretary of State indicating that Stay Cal is properly organized and authorized to do business in the State of California, (ii) a certified resolution indicating that Stay Cal has authorized this transaction and that the persons executing the City Documents on behalf of Stay Cal have been duly authorized to do so, and (iii) certified copy of Stay Cal’s articles of organization and bylaws;

5.8.8 City’s receipt of a written estimated settlement statement showing the acquisition price, closing costs and all other amounts due in escrow for Stay Cal’s acquisition of the Property; and

5.8.9 Stay Cal shall facilitate discussions between the City or its designee and primary construction lender to the satisfaction of the City, including a meeting in advance of providing Loan; and

5.8.10 Stay Cal shall disclose all financial information related to construction of the Project as requested by and to the satisfaction of the City; and

5.8.11 City’s inspection of final construction loan documents, including conditions to fund. Stay Cal shall satisfy conditions to fund other than City funding and transfer of property; and

5.8.12 Stay Cal shall record a deed restriction limiting the allowed use of the subject property to hotel uses rated STR chain upscale or better.

5.9 No Obligation to Provide Loan Upon Default. Notwithstanding any other provision of this Agreement, the City shall have no obligation to Close or provide the Loan if any of the following circumstances occur:
63 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 6 of 9

5.9.1 the failure of any of Stay Cal’s representations and warranties made in this Agreement or in connection with the Loan to be true and correct in all material respects;

5.9.2 the termination of this Agreement by mutual agreement of the Parties;

5.9.3 the occurrence of an Event of Default under any City Document which remains uncured beyond any applicable cure period, or the existence of any condition, event or act which upon the giving of notice or the passage of time or both would constitute an Event of Default under any City Document. City may terminate this Agreement at any time prior to issuance of Loan.

5.10 Due on Sale or Encumbrance. Unless City agrees otherwise in writing, the entire unpaid principal balance and all interest and other sums accrued under the Note shall be due and payable upon the Transfer, absent the prior written consent of City, of all or any part of or interest in the Property except as otherwise permitted pursuant to this Agreement.

5.10.1 The Loan shall be due and payable, as provided herein, in the event Stay Cal refinances the Project and/or the Property in a cash out refinancing or upon any sale of the Project and/or Property, including partial sale of Stay Cal’s ownership interest, except as otherwise permitted pursuant to this Agreement.

5.10.2 In the event Stay Cal refinances its construction financing or subsequent permanent financing (“Mortgage”), the repayment of which is secured, directly or indirectly by the Property or the Project, by a Mortgage, Stay Cal shall, upon the closing of the first such refinance of the Mortgage, pay to City on the Loan as follows:
 For cumulative Net Loan Proceeds totaling $0 - $4,000,000, 50% of Net Loan Proceeds; plus
 All Net Loan Proceeds in excess of $4,000,000 until the Loan is fully repaid.

5.10.3 In the event Stay Cal closes on a second refinancing of the Mortgage, the repayment of which is secured, directly or indirectly, by the Property or the Project, Stay Cal shall, upon the closing of the second such refinance of the Mortgage, pay to City 100% of the Net Loan Proceeds until the Loan is fully repaid.

For purposes hereof, “Net Loan Proceeds” shall mean the total loan proceeds available to Stay Cal under a new Mortgage, less all customary and necessary closing costs, including, without limitation, prepayment fees, interests costs, defeasance costs relating to the Mortgage being refinanced, and all closing costs relating to the new Mortgage, including, without limitation, legal fees, title costs, lender's origination fees, transfer fees and recording fees, and fees paid by Stay Cal to City in connection with executing any documents required in connection with such new Mortgage. 64 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 7 of 9

5.11 Additional Obligations of Stay Cal.

5.11.1 Stay Cal shall commence construction no later than October 17, 2022. Commencement of construction shall include a signed notice to proceed provided to the general contractor. Notwithstanding any other provision to the contrary, failure to commence construction on or before October 17, 2022, constitutes an Event of Default and there shall be no cure period.

5.11.2 Stay Cal shall provide a personal guarantee the satisfaction of the City prior to the disbursement of funds. The personal guarantee shall remain in place for the duration in construction and shall be released upon commencement and six (6) months of hotel operation.

5.11.3 In the event Stay Cal ceases pursuing the Project, Stay Cal shall:

5.11.3.1 Only sell the Project and Property to a buyer
approved by the City;

5.11.3.2 Sell Project and Property to any qualified buyer chosen by the City, upon terms agreeable to by
City and Stay Cal;

5.11.3.3 Release any territorial claims for hotel
development in the area to qualified buyer to
facilitate development; and

5.11.3.4 Release any restrictions on use of plans for
future developers (e.g., intellectual property of
plans, exclusive rights, etc.).

5.11.4 Stay Cal shall indemnify, defend, and hold harmless to the fullest extent permitted by law, the City from and against any and all claims, liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with the failure to pay prevailing wages or comply with the prevailing wage law. This indemnification obligation shall survive the termination of this Agreement. In the event it is determined all or any portion of the project is subject to prevailing wage, Stay Cal shall be solely responsible for paying prevailing wage, and any penalty or assessment.

5.11.5 Stay Cal shall ensure all property taxes are paid in full.

Property taxes shall be kept current for the duration of the loan.

5.12 City Contribution. City agrees to provide Stay Cal with a contribution equal to the maximum of Five Hundred Ninety-Nine Thousand Nine Hundred and 65 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 8 of 9 Ninety-Nine Dollars ($599,999), so long as it is less than two percent (2%) of the total cost of the Project (the “Contribution”). The Contribution shall be paid by City directly to Stay Cal within ten (10) business days of completion and approval of the inspection of the entire foundation of the Project. In the event Stay Cal has not received approval of the entire foundation of the Project by December 31, 2023, City shall not be required to provide Contribution; this deadline may be extended by the City Manager for a period(s) not to exceed six months.

5.13 Fund Disbursement. Loan proceeds shall be paid directly to City or third- party recipients including but not limited to lenders, contractors, vendors, Contra Costa Fire Protection District, Delta Diablo, Contra Costa Water District (CCWD), and Pittsburg Unified School District (PUSD). City Manager may authorize, in their sole discretion, use of funds to repay Stay Cal for expenses.

5.14 City Oversight.

5.14.1 City may participate in ongoing construction management meetings between developer and contractor at City’s discretion. Stay Cal shall provide City with schedule of all meetings reasonably in advance of meetings.

5.14.2 Stay Cal shall provide updates from lender’s third-party fund control/construction monitor (e.g., Tetra Tech) promptly after receiving updates from the monitor.

5.14.3 Stay Cal shall make all reasonable efforts to facilitate transfer of information deemed necessary from City in its sole discretion from primary construction lender to City or City's agent; and

5.14.5 Stay Cal shall disclose all financial information related to construction of the Project within five (5) business days as requested by and to the satisfaction of the City upon request.

5. Exhibit C – Schedule of Performance. Exhibit C, “Schedule of Performance,” of the Agreement is hereby replaced with Attachment 1 of this SEVENTH Amendment.

6. Counterparts; Fax or Email Transmission. This Amendment may be executed in two or more identical counterparts, and may be delivered by fax or email transmission in addition to the other forms of delivery of notices acceptable under the terms of the Agreement.

7. Entire Agreement. The Agreement embodies the entire understanding between Seller and Buyer with respect to its subject matter and can be changed only by an instrument in writing signed by Seller and Buyer.
//
IN WITNESS WHEREOF, this SEVENTH Amendment is executed by Buyer and 66 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Page 9 of 9 Seller as of the Effective Date.

City:

City of Pittsburg,
a California municipal corporation
By: ____________________________
Name: Garrett Evans
Its: City Manager
Attest:
______________________________
Alice E. Evenson, City Clerk
Reviewed as to Form:
______________________________
Donna Mooney, City Attorney
Stay Cal:

Stay Cal Pittsburg LLC,
a California limited liability company
By: ____________________________
Name: Hiten Suraj
Its: Manager
67 Seventh Amendment to Amended and Restated Purchase and Sale Agreement Attachment 1 Attachment 1
EXHIBIT C: “SCHEDULE OF PERFORMANCE”
Action Date

1. Financing Plan. Stay Cal shall submit evidence of financing, acceptable to the City, for development of Project. [Amended and Restated PSA § 4.06]
Oct. 4, 2022

2. Building Permits. Stay Cal shall obtain the Building Permits for construction of Project.

No later than October 10,
2022

3. Construction Contract. Stay Cal shall submit, and receive, City approval of the construction contract for the construction of the Project.

No later than October 10,
2022

4. Payment and Performance Bonds. Stay Cal shall submit for and receive City approval of the payment and performance bonds for the construction of the Project. [Amended and Restated PSA § 4.20]
No later than October 10,
2022

5. Insurance. Stay Cal shall submit evidence of insurance to the City and receive City approval thereof.

No later than October 10,
2022

6. Commencement of Construction. Stay Cal shall commence construction of the Project. [DA § 6.19]
No later than October 17,
2022

7. Completion of Construction. Stay Cal shall complete construction of the Project.

May 1, 2024
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Consideration of a City Council Request for a Future Agenda Item Related to Creating a Community Volunteer Database
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
At the September 19, 2022, City Council meeting, Council Member Craft requested a future agenda item related to creating a Community Volunteer Database that would provide information to residents regarding community volunteering opportunities.

FISCAL IMPACT
Staff does not have a cost impact at this time. Staff will conduct research and provide the City Council through the Community Services Subcommittee with an update on potential cost after evaluating ways to incorporate volunteer opportunities with local organizations.

RECOMMENDATION
City Council accept the report and move to direct staff to take actions necessary to create a Community Volunteer Database.

BACKGROUND
Pursuant to the City Council Handbook, if an individual Councilmember wishes to have an agenda item placed on a future agenda, a Councilmember may make a request under the Requests for Future Agenda Items section of the agenda. At the next regularly scheduled City Council meeting, the requested item will be listed on the agenda under “Consideration”.

The item will identify the Councilmember making the request and briefly describe the nature of the request. Staff will not spend time on the requested item except to provide assistance to the Councilmember to frame the issue so that the City Council and public clearly understand the request. Should the issue be an item that staff has already researched, or is in the process of researching, an informational report may accompany the request on the agenda. Additionally, if the City Manager feels there is information that should be shared in 195
order to productively evaluate next steps, brief information regarding the request may be included on the subsequent agenda.

When the item is called, the Councilmember making the request will describe the request and the City Council may have a brief discussion of the requested item. Upon concurrence by the majority of the membership of the City Council present that staff time and City resources be spent on an item, it shall be scheduled for a future meeting. The City Manager may make a recommendation on the potential future meeting date for a requested item to be brought before the City Council in consideration of the scope of work related to the requested item, cost, availability of staff, future agenda schedule(s), and/or other reasons.

City Council discussion will be limited to whether staff time and City resources should be spent on the item. The City Council will take no other action on the item itself. City Council concurrence that staff time or City resources be spent on an item does not signify approval of the item, just that the City Council wishes to have it studied further and the City Council may, at any time, decide not to pursue the item further.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff will evaluate the logistical requirements and costs associated with creating and maintaining a Community Volunteer Database. The evaluation will also include researching other communities to see if a model exists and can be replicated. The evaluation and process to implement the Community Volunteer Database will be presented to the Community Services Subcommittee for feedback. After the refinement from the Community Services Subcommittee is incorporated, a report for action will be presented to the full City Council.

Report Prepared By: Garrett Evans, City Manager
196

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Consideration of a City Council Request for a Future Agenda Item Related to Creating a Culture and Diversity Initiative
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
At the September 19, 2022, City Council meeting, Council Member Craft requested a future agenda item related to creating a Culture and Diversity Initiative that would provide criteria and process for local organizations to seek assistance and funding for events.

FISCAL IMPACT
Staff does not have a cost impact at this time. Staff will conduct research and provide the City Council through the Community Services Subcommittee with an update on potential cost after evaluating various event fees and assistance for local Cultural and Diversity events.

RECOMMENDATION
City Council accept the report and move to direct staff to take actions necessary to further evaluate creating a Culture and Diversity Initiative.

BACKGROUND
Pursuant to the City Council Handbook, if an individual Councilmember wishes to have an agenda item placed on a future agenda, a Councilmember may make a request under the Requests for Future Agenda Items section of the agenda. At the next regularly scheduled City Council meeting, the requested item will be listed on the agenda under “Consideration”.

The item will identify the Councilmember making the request and briefly describe the nature of the request. Staff will not spend time on the requested item except to provide assistance to the Councilmember to frame the issue so that the City Council and public clearly understand the request. Should the issue be an item that staff has already researched, or is in the process of researching, an informational report may accompany the request on the agenda. Additionally, if the City Manager feels there is information that should be shared in 197
order to productively evaluate next steps, brief information regarding the request may be included on the subsequent agenda.

When the item is called, the Councilmember making the request will describe the request and the City Council may have a brief discussion of the requested item. Upon concurrence by the majority of the membership of the City Council present that staff time and City resources be spent on an item, it shall be scheduled for a future meeting. The City Manager may make a recommendation on the potential future meeting date for a requested item to be brought before the City Council in consideration of the scope of work related to the requested item, cost, availability of staff, future agenda schedule(s), and/or other reasons.

City Council discussion will be limited to whether staff time and City resources should be spent on the item. The City Council will take no other action on the item itself. City Council concurrence that staff time or City resources be spent on an item does not signify approval of the item, just that the City Council wishes to have it studied further and the City Council may, at any time, decide not to pursue the item further.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff will evaluate the costs for local organizations to utilize City facilities to host or promote local Culture or Diversity events. Staff will also evaluate other ways to promote local Culture and Diversity events through various media available to the City of Pittsburg. The evaluation, criteria for local organizations to request assistance, and process to submit the request for assistance will be presented to the Community Services Subcommittee for feedback. After the refinement from the Community Services Subcommittee is incorporated, a report for action will be presented to the full City Council.

Report Prepared By: Garrett Evans, City Manager
198
Combined Agency/City Council Minutes Page 1 of 5 September 19, 2022

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: September 19, 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)
Prior to the regular meeting, a Special Meeting for Closed Session only was convened at 5:33 P.M. for the following items:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.81.
1) Property: 25 Power Avenue (APN: 086-100-047); City negotiators:

Garrett Evans, Maria Aliotti, Jordan Davis; Negotiating parties: Hiten Suraj, Stay Cal Pittsburg LLC; Under negotiation: Both price and terms of payment 2) Property: Stoneman Park (APN: 094-080-014, 094-090-001, 094-080- 002); City negotiators: Garrett Evans, Maria Aliotti, Jordan Davis; Negotiating parties: Albert Seeno III and Louis Parsons, Discovery Builders LLC; Under negotiation: Both price and terms of payment
City Attorney Mooney stated there was no reportable action in Closed Session.

Mayor White called the meeting to order at 7:18 P.M. in the City Council Chamber at City Hall, 65 Civic Avenue, Pittsburg, CA after convening in Closed Session at 6:21 P.M. for the following items:

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION - Significant exposure to litigation pursuant to Section 54956.9(d)(2):

Number of cases: One (1)
City Attorney Mooney stated there was no reportable action in Closed Session. 199
Combined Agency/City Council Minutes Page 2 of 5 September 19, 2022

ROLL CALL
Member Banales was absent and excused.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was recited.

PRESENTATIONS

2. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations.

PROCLAMATIONS

3. National Hispanic Heritage Month

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

PUBLIC COMMENTS
There were no public comments.

COMMITTEE REPORTS
Member Craft attended the Tri-Delta Transit Meeting.

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

CITY COUNCIL MEETING

PUBLIC HEARING

6. Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Amending the Zoning Map for Liberty Residential Subdivision Phase II, AP-21-1599 (GP,

RZ, SUBD, DR)
Mayor White opened the Public Hearing. There being no one to speak to the item, Mayor White closed the Public Hearing.

On Motion by Member Killings, seconded by Member Craft to adopt the resolution and introduce and waive first reading of an ordinance and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
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Combined Agency/City Council Minutes Page 3 of 5 September 19, 2022

7. Adoption of a City Council Resolution Approving the 2021-2022 Community Development Block Grant Consolidated Annual Performance and Evaluation Report By Minute Order, Establish a My Brother’s Keeper Ad Hoc Subcommittee and Appointing Two Subcommittee Members
Mayor White opened the Public Hearing. There being no one to speak to the item, Mayor White closed the Public Hearing.

On Motion by Member Craft, seconded by Vice-Mayor Scales-Preston to adopt and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
Mayor/Chair White asked that Item 14 be removed from the Consent Calendar and considered separately.

On Motion by Member Craft, seconded by Vice-Mayor/Chair Scales-Preston to adopt without Item 14, and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales

8. Minutes of October 15, 2022

9. Adoption of a Pittsburg Power Company Resolution Attesting the Veracity of the 2021 Power Content Label to the California Energy Commission

10. 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)

11. Adoption of a City Council Resolution to Accept Project 4065, 2021/2022 CDBG ADA Curb Ramp Installation Project as Complete and Authorize the City Engineer to File a Notice of Completion

12. Adoption of a City Council Resolution Amending City’s Conflict of Interest Code

13. Adoption of a City Council Resolution to Authorize the Purchase of a 12,000 Gal.

Aboveground Storage Tank from PME, Approve and Allocation Additional Funds for Project 3118, Corporation Yard Fueling System Replacement Project 201
Combined Agency/City Council Minutes Page 4 of 5 September 19, 2022

15. Adoption of a City Council Resolution Authorizing the City Attorney to Execute a Legal Services Agreement with Sher Edling LLP for PCBs litigation

16. By Minute Order, Select Appointments to Vacancies on the Measure M/P Citizens Oversight Committee

17. Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for Police Vehicle Equipment

18. Adoption of a City Council Resolution Authorizing Execution of Contract for Bulk Gasoline Services

19. Adoption of a City Council Resolution Authorizing Execution of Contract for Renewable Diesel

20. Adoption of City Council Resolution Allocating Funds and Awarding a Purchase Contract for a 2022 930M Wheel Loader

21. Adoption of a City Council Resolution to Authorize Execution of a First Amendment to Consulting Services Agreement with Sloan Sakai Yeung & Wong, LLP

22. A Resolution Approving a Consultant Agreement for Design of Project 5067 - Water Treatment Plant Filter Replacement

23. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Consultant Agreement for Design Services for the Reviving the Heart of Pittsburg Pride Project

24. Adoption of City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a Towable Generator

25. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Submit to the California State Lands an Amendment to Tidelands Lease No. PRC 7643.1

26. Adoption of City Council Resolution Authorizing City Manager to Execute a Contract for the Purchase of New Police Interceptor Vehicles

27. Adoption of a City Council Resolution Approving the Contract Renewal Agreement with Axon Enterprise, Inc.

28. Adoption of a City Council Resolution Authorizing Negotiation and Execution of Agreement with Motorola Solutions to Replace Police Radio System to Meet California Department of Justice Requirements
The following item was considered separately:

14. By Minute Order, Establish a Tobacco, Cannabis, and Alcohol Policy Review Ad Hoc Subcommittee and Appoint Two Subcommittee Members
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Combined Agency/City Council Minutes Page 5 of 5 September 19, 2022 On Motion by Vice-Mayor/Chair Scales-Preston, seconded by Member Craft to adopt, with Member Killings and Vice-Mayor/Chair Scales-Preston appointed, and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales

COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Member Craft requested a Cultural and Diversity Resource Commission be explored, along with funding for events/projects.

On Motion by Member Craft, Seconded by Vice-Mayor Scales-Preston, to place an item on a future agenda and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales
Member Craft requested a Volunteer/Community Engagement Database to enable staff to utilize volunteers at City events. She noted this could be a collaborative effort with the Chamber of Commerce.

On Motion by Member Craft, Seconded by Vice-Mayor Scales-Preston, to place an item on a future agenda and carried by the following vote:

AYES: Craft, Killings, Scales-Preston, White
ABSENT: Banales

COUNCIL MEMBER REMARKS
Vice-Mayor Scales-Preston attended the Pittsburg Reads event, the March on Railroad fundraiser for the Pittsburg High School Marching Show Band, and the Day on the Green at Buchanan Park.

Member Craft noted the Kiwanis Gala was scheduled for October.

ADJOURNMENT
The City Council adjourned at 8:40 P.M. to October 3, 2022.

Respectfully submitted,
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize the City Manager to Execute Agreements with the California Department of Transportation for the Living Green Pittsburg – Trail and Community Outreach Project MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
The City was awarded the Clean California Grant for the design and construction of the Living Green Pittsburg – Trail and Community Outreach Project (the “Project”). On August 1, 2022, the City Council accepted the grant and allocated matching funds. The City Council must designate an authorized signatory to execute an agreement with Caltrans. This resolution will authorize the City Manager to execute the Restricted Grant Agreement and amendments thereto with the California Department of Transportation.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
The City Council adopt a resolution authorizing the City Manager to execute agreements and amendments with Caltrans for the Clean California Grant, Living Green Pittsburg – Trail and Community Outreach Project.

BACKGROUND
Staff applied for and received grants from the California Department of Transportation for beautification of open space around the city.

On August 1, 2022, the City Council accepted the grant and allocated matching funds for the Project in Resolution 22-14134.
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The Project will construct a pilot green space with bioswales, trees, artwork, and a Class I Trail along Frontage Rd. that will provide better access to the Pittsburg Center Bart Station.

The Project will also include a citywide “Living Green” outreach campaign with a website to educate residents on the importance of litter and pollution prevention.

SUBCOMMITTEE FINDINGS
This item was not presented at a subcommittee.

STAFF ANALYSIS
Since approval of the Project, staff has solicited Statements of Qualifications for the infrastructure design portion. Caltrans must provide a notice before a design contract is awarded. Upon the adoption of this resolution, staff will facilitate the execution of the Restricted Grant Agreement with Caltrans and complete all necessary documents to receive a notice to proceed.

ATTACHMENTS: Resolution
Restricted Grant Agreement
Restricted Grant Agreement Amendment
Report Prepared By: Joseph Camaddo, Assistant Engineer
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:

Adoption of a City Council Resolution)
Authorizing the City Manager to )
Execute Agreements with the ) RESOLUTION NO. 22-
California Department of )
Transportation for the Living Green )
Pittsburg - Trail and Community )
Outreach Project )
WHEREAS, Resolution 22-14145 accepted the Clean California Grant and allocated matching funds for the construction of the Living Green Pittsburg – Trail and Community Outreach Project (the “Project”); and
WHEREAS, the City of Pittsburg is eligible to receive state funding for the Project through the California Department of Transportation; and WHEREAS, an executed Restricted Grant Agreement with the California Department of Transportation is required before funds can be distributed through the Clean California Local Grant Program; and
WHEREAS, an authorized signatory must be delegated to execute any agreements with Caltrans.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Restricted Grant Agreement and amendments thereto with the California Department of Transportation for the Living Green Pittsburg – Trail and Community Outreach Project.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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City of Pittsburg
Agreement Number CCL-5127-042
AMS ADV ID: 0422000399

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.

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AMS ADV ID: 0422000399

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 Living Green Pittsburg - Trail and Community
Outreach 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.”
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Agreement Number CCL-5127-042
AMS ADV ID: 0422000399

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
$338,500.00
$1,015,500.00
Cash Local Match Agency Provided $812,250.00
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 $2,166,250.00
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 Joseph Camaddo, (925) 331-7960. 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: Joseph Camaddo, Assistant Engineer
Phone Number: (925) 331-7960
Email: [email protected]
Address: 65 Civic Ave, Pittsburg, CA 94565
Jie Chen
05/03/2022
$1,354000.00
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Agreement Number CCL-5127-042
AMS ADV ID: 0422000399

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 $1,354,000.00.
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.

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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.

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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.

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Agreement Number CCL-5127-042
AMS ADV ID: 0422000399

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. 213
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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.

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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.
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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.

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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.

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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:

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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. 219
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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 220
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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:
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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.

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c. AGENCY acknowledges that any submittal to the CALTRANS’ Transportation Art Proposal process includes restrictions on the type of work that can be located on California State right-of- way.

35. Assumption of Risk and Indemnification Regarding Exposure to Environmental Health Hazards In addition to, and not a limitation of, Contractor’s indemnification obligations contained elsewhere in this Agreement, Contractor hereby assumes all risks of the consequences of exposure of Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm, or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, to any and all environmental health hazards, local and otherwise, in connection with the performance of this Agreement. Such hazards include, but are not limited to, bodily injury and/or death resulting in whole or in part from exposure to infectious agents and/or pathogens of any type, kind or origin. Contractor also agrees to take all appropriate safety precautions to prevent any such exposure to Contractor’s employees, agents, Subcontractors, Subcontractors’ employees, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement. Contractor also agrees to indemnify and hold harmless CALTRANS, the State of California, and each and all of their officers, agents and employees, from any and all claims and/or losses accruing or resulting from such exposure. Except as provided by law, Contractor also agrees that the provisions of this paragraph shall apply regardless of the existence or degree of negligence or fault on the part of CALTRANS, the State of California, and/or any of their officers, agents and/or employees.

36. Mandatory Organic Waste Recycling
It is understood and agreed that pursuant to Public Resources Code Sections 42649.8 et seq., if Contractor generates two (2) cubic yards or more of organic waste or commercial solid waste per week, Contractor shall arrange for organic waste or commercial waste recycling services that separate/source organic waste for organic waste recycling. Contractor shall provide proof of compliance, i.e. organic waste recycling services or commercial waste recycling services that separate/source organic waste recycling, upon request from CALTRANS Contract Manager

37. Project Close Out/Closeout Report
a. AGENCY will provide a final close out report to the CALTRANS Contract Manager no later than November 1, 2024.

CALTRANS reserves the right to inspect the project location prior to approving the final invoice and closeout report.
b. CALTRANS reserves the right to withhold final payment to AGENCY pending receipt and approval of the final closeout report by the CALTRANS Contract Manager. c. Payments shall be forfeit if invoices are submitted after November 1, 2024. 223
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38. ADA Compliance
All entities that provide electronic or information technology or related services that will be posted online by CALTRANS must be in compliance with Government Code Sections 7405 and 11135 and the Web Content Accessibility Guidelines (WCAG) 2.0 or subsequent version, published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success. All entities will respond to and resolve any complaints/deficiencies regarding accessibility brought to their attention.

39. Prevailing Wages and Labor Code Compliance
AGENCY shall comply with any and all applicable labor and prevailing wage requirements in Labor Code Sections 1720 through 1815 and implementing regulations for any public works or maintenance contracts and subcontracts executed for the AGENCY’s work on or for the Project.

40. In the event of any inconsistency between the provisions which constitute this RGA, the following order of precedence shall apply:

I. This Restricted Grant Agreement (as amended);
II. The CALTRANS Local Grant Program Guidelines;
III. Approved Indirect Cost Rate (if applicable);
IV. Approved Grant Application (as amended); and
V. AGENCY Resolution.

41. Survival
AGENCY’s representations, the indemnification provisions in paragraph 21, intellectual property provisions in paragraphs 30, 31, 32, and 33, and all other provisions which by their inherent character establish ongoing obligations shall remain in full force and effect, regardless of any expiration and/or termination of this RGA.

42. Sanctions
No agreements under this RGA shall be made with individuals and/or entities that are determined to be a target of sanctions by the State of California while such sanctions are in effect.

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Section IV
Attachments:

The following attachments are incorporated into, and are made a part of this RGA by this reference and attached hereto.

I. Grant Program Guidelines
II. Approved Indirect Cost Rate (if applicable)
III. Approved Grant Application and Amendment(s) to Grant Application (if applicable) IV. AGENCY Resolution

In Witness Whereof, the parties hereto have executed this RGA on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF PITTSBURG
By:

By:

Printed Name:

Gretchen Chavez
Printed Name:

Garrett Evans
Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:

City Manager
Date:

Date:

By:

Printed Name:

Title:

Date:

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Clean California Local Grant Program (State)
Amendment to Grant Application
Amendment Number_1_(“Amendment”)
This Amendment will commence on May 15, 2022, or upon approval by CALTRANS, whichever occurs later, and it amends the Grant Application submitted by CITY OF PITTSBURG, hereinafter referred to as AGENCY, as set forth below:

Application
Section Original Text Amended Text

1.3 of the main app form, row “Total
Cash Local Match”
$812,000. Discrepancy in
local match calculation.
$812,250

In Witness Whereof, the parties hereto have executed this Amendment Number _1_ to the Grant Application on the day and year first herein above written:

STATE OF CALIFORNIA

DEPARTMENT OF TRANSPORTATION

CITY OF PITTSBURG
By:

By:

Printed Name:

Gretchen Chavez
Printed Name:

Title:

Office Chief
Clean California Local Grant Program
Division of Local Assistance
Title:

Date:

Date:

By:

Printed Name:

Title:

Date:

226

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 Approving the Re-allocation of Funds from Project 5209 to Project 5003 and Approving a Consultant Agreement for the Design of Project 5003 West Santa Fe Avenue Sewer and Water Rehabilitation
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
Project 5003 West Santa Fe Avenue Sewer and Water Rehabilitation (the “Project”) is for the removal, abandonment, and replacement of sewer and water mains in three different locations in the City. This Resolution will authorize the re-allocation of funds from Project 5209 Sewer Replacement/Rehabilitation Program to Project 5003 and approve a Consultant Agreement for project design with Hydroscience Engineers, Inc. in the amount of $703,845.

FISCAL IMPACT
The proposed project design fee is $703,845. Funding will be provided from Project 5003 which has an approved budget of $3,400,000 previously allocated from the Water Operations Fund (Fund 501).

Project 5209 has a current approved budget of $3,200,000 which includes $2,600,000 previously allocated from the Sewer Operations Fund (Fund 521) and $600,000 previously allocated from the Sewer Facilities Reserve Fund (Fund 522). This Resolution will re- allocate the $3,200,000 currently approved for Project 5209 to Project 5003 establishing a new total project budget of $6,600,000.

A Budget Summary is attached.

RECOMMENDATION
The City Council adopt the attached Resolution approving the re-allocation of funds from Project 5209 to Project 5003, approve a Consultant Agreement for project design with Hydroscience Engineers, Inc. in the amount of $703,845, and authorize the City Manager to execute the agreement.
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BACKGROUND
The Project includes rehabilitation of water and sanitary sewer facilities, spot repairs, and manhole installation/rehabilitation, where chronic issues require a significant amount of maintenance repairs.

On December 16, 2019, the City Council adopted Resolution 19-13729 approving the Five- Year Capital Improvement Program for Fiscal Years 2018/19 through 2023/24 allocating $400,000 from the Water Operations Fund (Fund 501) to Project 5003.

On June 21, 2021, the City Council adopted Resolution 21-13944 approving the Five-Year Capital Improvement Program for Fiscal Years 2020/21 through 2025/26 allocating $1,000,000 from Water Operations Fund (Fund 501) to Project 5003, and $1,600,000 from the Sewer Operations Fund (Fund 521) and $600,000 from the Sewer Facility Reserve Fund (Fund 522) to Project 5209.

On July 18, 2022, the City Council adopted Resolution 22-14125 approving the Five-Year Capital Improvement Program for FY 2022/23 through 2026/27 allocating $2,000,000 from Water Operations Fund (Fund 501) to Project 5003 and $1,000,000 from the Sewer Operations Fund (Fund 521) to Project 5209.

On July 6, 2022, staff received and evaluated five Statement of Qualifications (SOQ).

Hydroscience Engineers, Inc. was ranked as the most qualified based on the SOQ submitted. Hydroscience Engineers, Inc.’s design service proposal totals $703,845.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Project 5209 Sewer Replacement/Rehabilitation Program is for the construction and rehabilitation of citywide sewer mains, and Project 5003 West Santa Fe Avenue Water and Sewer Rehabilitation is for the construction and rehabilitation of water and sewer mains in three locations in the city. Because both projects share the same limits, this Resolution will combine the two projects into one and re-allocate the funds from Project 5209 to Project 5003, with a total approved budget of $6,600,000 for design and construction Staff evaluated the submitted Statements of Qualifications (SOQ). The Consultant Selection Committee members reviewed each SOQ received and independently assigned a weighted score based on resource capability, personnel and firm experience, firm history with similar projects, project management approach, and schedule.

Hydroscience Engineers, Inc. received the highest ratings and was selected for the design of the Project based on their expertise with public works projects, staff experience, and previous history of providing high quality engineering services to the city.

ATTACHMENTS: Resolution
Budget Summary- Exhibit A
Consulting Services Agreement
Report Prepared By: Gabriel Piña, Associate Engineer
228
Resolution No. 22- Page 1 of 2 October 3, 2022

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

Adoption of a City Council Resolution to )
Re-allocate Funds From Project 5209 to )
Project 5003 and Approve a )
Consultant Agreement for the Design of )
Project 5003 West Santa Fe Avenue ) RESOLUTION NO. 22- Sewer and Water Rehabilitation )
WHEREAS, Project 5209 Sewer Replacement/Rehabilitation Program is for the construction and rehabilitation of citywide sewer mains, and Project 5003 West Santa Fe Avenue Water and Sewer Rehabilitation (the “Project”) is for the construction and rehabilitation of water and sewer mains in three locations in the City and includes the rehabilitation of water and sanitary sewer facilities, spot repairs, and manhole installation/rehabilitation; and
WHEREAS, on December 16, 2019, the City Council adopted Resolution 19-13729 approving the Five-Year Capital Improvement Program for Fiscal Years 2018/19 through 2023/24 and allocating $400,000 from the Water Operations Fund (Fund 501) to Project 5003; and
WHEREAS, on June 21, 2021, the City Council adopted Resolution 21-13944 approving the Five-Year Capital Improvement Program for Fiscal Years 2020/21 through 2025/26 and allocating $1,000,000 from Water Operations Fund (Fund 501) to Project 5003, and allocating $1,600,000 from the Sewer Operations Fund (Fund 521) and $600,000 from the Sewer Facility Reserve Fund (Fund 522) to Project 5209; and WHEREAS, on July 18, 2022, the City Council adopted Resolution 22-14125 approving the Five-Year Capital Improvement Program for Fiscal Years 2022/23 through 2026/27 allocating $2,000,000 from Water Operations Fund (Fund 501) to Project 5003, and allocating $1,000,000 from the Sewer Operations Fund (Fund 521) to Project 5209; and

WHEREAS, Project 5209 Sewer Replacement/Rehabilitation Program has a total approved budget of $3,200,000, and Project 5003 West Santa Fe Avenue Sewer and Water Rehabilitation has a total approved budget of $3,400,000; and WHEREAS, since Project 5209 and 5003 both share the same limits, this Resolution will combine the two projects into one and re-allocate the funds from Project 5209 to Project 5003, with a total approved budget of $6,600,000 for design and construction; and
WHEREAS, on July 6, 2022, the Consultant Selection Committee received and evaluated five Statement of Qualifications (SOQ); and
229
Resolution No. 22- Page 2 of 2 October 3, 2022 WHEREAS, the Consultant Selection Committee selected Hydroscience Engineers, Inc. for the design of the Project with a total fee of $703,845. This was based on their familiarity with other public works projects, their staff expertise, and their previous history of providing high quality engineering services to the City.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby authorizes the funds from Project 5209, Sewer Replacement/Rehabilitation Program to be re-allocated to Project 5003, West Santa Fe Avenue Sewer and Water Rehabilitation for a total project budget of $6,600,000 and authorizes the City Manager to execute a Consultant Services Agreement for project design between the City of Pittsburg and Hydroscience Engineers, Inc. in an amount not to exceed $703,845.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
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Project Budget Summary
Project 5003 West Santa Fe Ave. Water and Sewer Rehabilitation Project Funding
Previously Allocated Water Operations Fund (Fund 501) (Project 5003) $1,400,000 Previously Allocated 2022-23 Water Operations Fund (Fund 501) (Project 5003) $2,000,000 Previously Allocated Sewer Operations Fund (Fund 521) (Project 5209) $1,600,000 Previously Allocated Sewer Facility Reserve (Fund 522) (Project 5209) $600,000 Previously Allocated 2022-23 Sewer Operations Fund (Fund 521) (Project 5209) $1,000,000 Funding Total $6,600,000
Project Expenditures:

Design: Design $703,845
(Code 2122)
Subtotal $703,845
Miscellaneous: Advertising $1,000
(Code 1399) Reproduction $1,000
Postage $1,000
Subtotal $3,000
Construction: Estimated Construction Costs $4,513,155
(Code 2281) Estimated Construction Contingency $1,200,000 Estimated Material Testing Costs $100,000
Subtotal $5,813,155
Staff Time: Staff Time During Design $20,000
(Code 1101) Staff Time During Construction Management $20,000 Subtotal $40,000
Admin Overhead Staff Costs During Design Phase $20,000
(Code 2372) Staff Costs During Construction Management $20,000 Subtotal $40,000
Estimated Total Expenditures $6,600,000
269

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 Designate City Agents Authorized to Apply for State and Federal Disaster Relief Assistance MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
The California Governor’s Office of Emergency Services (Cal OES) has oversight for public financial assistance related to state and federal declared disasters. Every three years, Cal OES requires the City Council to designate positions within the City authorized to make these requests. This Resolution designates the City Manager, Finance Director, and City Engineer as agents to provide for all matters pertaining to financial assistance after state and federal declared disasters.

FISCAL IMPACT
This item has no fiscal impact.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution designating the City Manager, the Director of Finance, and the City Engineer as agents authorized to file for financial assistance related to state or federal declared disasters.

BACKGROUND
In 2017, staff applied for disaster relief related to damage from winter storms. After completing the financial reimbursement paperwork, Cal OES determined that the City did not have a resolution that designated staff positions eligible to apply for relief funding.

On January 16th, 2018, the City Council adopted Resolution 18-13419 designating agents authorized to request state and federal disaster assistance. This designation must be renewed every three years for the City to maintain eligibility. 270

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Renewal of designated agents to apply for financial assistance is necessary to limit the financial risk associated with state and federal disasters. Naming the City Manager, the Director of Finance, and the City Engineer allows the City increased flexibility in managing the responsibility of disaster relief response.

ATTACHMENTS: Resolution
Cal OES 130 Form
Report Prepared By: Khristin Labao, Assistant Engineer 271
Resolution No. 22- Page 1 of 1 October 3, 2022

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

Adoption of a City Council Resolution )
to Designate City Agents Authorized to ) RESOLUTION NO. 22- Apply for State and Federal Disaster )
Relief Assistance )
WHEREAS, the City of Pittsburg responds to disaster emergencies; and, WHEREAS, the City Council of the City of Pittsburg proactively acts to recover funds expended due to declared disasters; and
WHEREAS, the California Office of Emergency Services (Cal OES) requires a designated agent from each entity to provide the assurances and agreements required for all matters pertaining to state and federal disaster assistance; and WHEREAS, on January 16th, 2018, the City Council adopted Resolution 18-13419 authorizing the approval of Cal OES Form 130, designating city positions authorized to apply for state and federal financial assistance under applicable law due to a declared disaster; and
WHEREAS, Cal OES requires that entities renew their selection of designated agent every three years.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby designates the City Manager, the Finance Director, and the City Engineer to apply for state and federal financial assistance on behalf of the City of Pittsburg under applicable law due to declared disasters.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
272

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No: ______________________

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity (Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.

THAT the ________________________________________________, a public entity established under the laws of the State of California, (Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Servicesfor all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:

This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.

This is a disaster specific resolution and is effective for only disaster number(s) ________________________ Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and correct copy of a (Name of Applicant)
Resolution passed and approved by the of the
(Governing Body) (Name of Applicant)
on the day of , 20 .
(Title)

(Signature)
Cal OES 130 (Rev.9/13)
273

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 City Council Resolution Authorizing the City Manager to Execute a Contract for the Purchase of a New E60 Excavator MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for police operations and for maintenance of the City’s infrastructure, including an excavator that needs replacement. If approved, this resolution will authorize a purchase contract with Clark Equipment Company dba Bobcat Company (“Bobcat”) for a new E60 R2-Series Bobcat Compact Excavator.

FISCAL IMPACT
None from this action. The City Council approved sufficient funds for the purchase of the excavator with adoption the City’s Operating Budget for Fiscal Year 2022-23 (Resolution 22- 14107), including the Sewer Operations budget accounts (521-45254). This is an appropriate use of these funds.

RECOMMENDATION
City Council adopt the attached authorizing the City Manager to execute a purchase contract with Bobcat in the amount of $78,813.98, for purchase of a E60 R2-Series Bobcat Compact Excavator.

BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of cars, trucks, heavy equipment, and other equipment. The entire fleet has a replacement value of approximately $6 million. These vehicles are necessary to maintain efficient operations of the City.

Having an excavator is critical for projects, routine maintenance and for emergency repairs to water distribution lines, and to sewer collection facilities located throughout the City. 274

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Staff solicited cost proposals from Bobcat for the replacement excavator. Bobcat is a vendor contracted with Sourcewell (formerly National Joint Powers Alliance (NJPA)). Sourcewell is a public agency service cooperative that provides opportunities for members to purchase equipment through nationally leveraged, competitively bid contracts through national solicitations. Sourcewell contracts bring considerable value and efficiencies to members through nationally leveraged contracted suppliers and access to the highest quality products and brand. Each solicitation and RFP contain language which includes all qualified customers in all fifty states. The City of Pittsburg is a member of Sourcewell and has successfully used several different Sourcewell contracts in the past.

If approved, the agreement would authorize the City to make a “piggyback” purchase from Bobcat for the price previously negotiated with Sourcewell for this equipment.

Staff recommends City Council approve the attached resolution authorizing the City Manager to execute a contract with Bobcat, in the amount of $78,813.98, for the purchase of a new E60 R2-Series Bobcat Compact Excavator.

ATTACHMENTS: Resolution
Bobcat Quote
Bobcat Signed Agreement
Sourcewell Contract
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst I 275

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

Authorizing Execution of a Contract ) RESOLUTION NO. 22 - _____ to Purchase a New Excavator )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s Fleet; and,
WHEREAS, the current excavator is no longer reliable or cost-effective to repair; and,
WHEREAS, a replacement excavator is necessary for routine maintenance and emergency repairs to water and sewer infrastructure; and, WHEREAS, Sourcewell, formerly NJPA, has undertaken competitive bidding equivalent to or better than the requirements in City’s Purchasing Policy and has entered into contracts with various vendors including Clark Equipment Company dba Bobcat Company, a Delaware Corporation (“Bobcat”); and,
WHEREAS, City seeks to “piggyback” on a Sourcewell contract for a E60 R2-Series Bobcat Compact Excavator, specifically Contract from RFP #040319-CEC; and WHEREAS, sufficient funds to accommodate the purchase are available in the previously approved City operating budget for Fiscal Year 2022/23 for Sewer Operations.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to execute a Contract with Bobcat in the amount of $78,813.98 for the purchase of a new E60 R2-Series Bobcat Compact Excavator.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
276
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
277

AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND

CLARK EQUIPMENT COMPANY DBA BOBCAT COMPANY
PURSUANT TO SOURCEWELL CONTRACT FROM RFP #040319-CEC

THIS Agreement (“Agreement”) is made by and between the City of Pittsburg, a municipal corporation (“City”) and Clark Equipment Company dba Bobcat Company, a Delaware Corporation (“Bobcat”) (together referred to as the “Parties”) as of September 12, 2022 (the “Effective Date”).

WHEREAS, Sourcewell, formerly NJPA, has undertaken competitive bidding equivalent to or better than the requirements in City’s Purchasing Policy and has entered into contracts with various vendors including Bobcat; and

WHEREAS, City seeks to “piggyback” on a Sourcewell contract for a E60 R2-Series Bobcat Compact Excavator, specifically Contract from RFP #040319-CEC; and

WHEREAS, the Contract provides that additional terms and conditions or transaction documentation may be negotiated between a Sourcewell Participating Entity such as City, and the vendor; and

WHEREAS, City seeks to add or clarify certain terms of Contract from RFP #040319- CEC.

City and Bobcat agree as follows:

1. Governing Law and Venue. The laws of the State of California shall govern this Agreement and Contract from RFP #040319-CEC (“Contract”). In the event that either party brings any action against the other under this Agreement or the Contract, 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.

2. Workers’ Compensation. Bobcat shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly by Bobcat in the amount required by applicable law.

3. Compliance with Applicable Laws. Bobcat and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Bobcat 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. 278

4. Order of Precedence. In the event of any inconsistency between this Agreement and the Contract, the terms of this Agreement shall govern. The terms of this Agreement and the Contract shall govern over any Purchase Order from Bobcat.

5. Representations. Bobcat represents and warrants that it is bound by all terms in Contract from RFP #040319-CEC.

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

CITY OF PITTSBURG CLARK EQUIPMENT COMPANY DBA

BOBCAT COMPANY

Garrett Evans, City Manager

NAME / TITLE
Attest:

Alice E. Evenson, City Clerk
Approved as to Form:

Donna Mooney, City Attorney
279

Product Quotation
Quotation Number: MMB-01167v1
Date: 2022-09-01 13:00:35

Customer Name/Address: Bobcat Delivering Dealer ORDER TO BE PLACED WITH:

Contract Holder/Manufacturer

CITY OF PITTSBURG PUBLIC
WORKS
Attn: GREG JUSTICE
357 E 12TH STREET
Pittsburg, CA 94565
Phone: (925) 252-4035
Bobcat of Contra Costa,
Pittsburg, CA
2035 E Leland Rd
Pittsburg CA 94565
Phone: 925-318-4465
Fax:

Clark Equipment Co dba Bobcat
Company
250 E Beaton Dr,
West Fargo, ND 58078
Phone: 701-241-8719
Fax: 855-608-0681
Contact: Heather Messmer
[email protected]

Description Part No Qty Price Ea. Total
E60 R2-Series Bobcat Compact
Excavator
M3321 1 $55,267.10 $55,267.10
60 Month Protection Plus (2000 Hours) 9986418 1 $1,700.00 $1,700.00 P64 Performance Package M3321-P06-P64 1 $4,765.60 $4,765.60 "Long Arm
Clamp with Diverter Valve

Hydraulic X-Change
Add-on Counterweight"

C52 Comfort Package M3321-P07-C52 1 $7,499.80 $7,499.80 "Enclosed Cab with HVAC
Cloth Suspension Seat
Travel Motion Alarm

Bobcat 7 inch Touch Display
• Radio
• Bluetooth
• Keyless Start"

18" MX4 XCHG TEETH 7322082 1 $1,252.48 $1,252.48

Total of Items Quoted $70,484.98
Dealer P.D.I. $250.00
Freight Charges $2,107.00
Dealer Assembly Charges $0.00
Other Charges: Material and Logistics $5,972.00
Quote Total - US dollars $78,813.98

Notes:

*Prices per the Sourcewell Contract #040319-CEC.
*Terms Net 60 Days. Credit cards accepted.
*FOB Destination
*State Sales Taxes apply. IF Tax Exempt, please include Tax Exempt Certificate with order. *TID# 38-0425350

*Orders Must Be Placed with: Clark Equipment Company dba Bobcat Company, Govt Sales, 250 E Beaton Drive, West Fargo, ND 58078.

*Quote valid for 30 days
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ORDER ACCEPTED BY:

___________________________________ ___________________________________

SIGNATURE DATE

___________________________________ ___________________________________

PRINT NAME AND TITLE PURCHASE ORDER NUMBER

DELIVERY ADDRESS:___________________________________________________________ ____

BILLING ADDRESS (if different than Ship To):___________________________________________

TAX EXEMPT? ________YES ________NO

Exempt in the State of ________________________________

Tax Exempt ID:

FEDERAL - ____________________________________________

STATE - ___________________________________________

Expiration Date: _____________________________________

TAX EXEMPT? ________YES ________NO

Exempt in the State of ________________________________

Tax Exempt ID:

FEDERAL - ____________________________________________

STATE - ___________________________________________

Expiration Date: _____________________________________

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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Professional Services Agreement for a Wharf Asset Evaluation
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
The City of Pittsburg is owner of a former industrial wharf once used for movement of materials in association with an upland power plant. Due to factors including but not limited to the wharf’s historical use and time of construction, the City is interested in evaluation of the wharf to identify disposition options for the structure and develop a reuse plan.

FISCAL IMPACT
This project will have no impact on the City’s general fund as some tasks are eligible for use of the City’s US EPA Brownfield Grant funds. Funds from the $3.2 million Tidelands Lease termination payment received from NRG Energy will be used to pay for any remaining tasks completed under the contract.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to negotiate and execute a Professional Services Agreement with Anchor QEA for a Wharf Asset Evaluation and to allocate $186,000 for the cost of the evaluation.

BACKGROUND
PG&E constructed a 1,100-foot long timber, concrete, and steel wharf for piping materials from vessels to land to support its associated Pittsburg power plant in the 1950’s. Through a series of transactions over the next 70 years, the power plant property and wharf infrastructure were sold to various operators with its latest being NRG Energy. In 2011, California Senate Bill 551 enacted a grant of sovereign tidelands and submerged lands (Tidelands) within City boundaries to the City. This grant included APN 085-010-012, the land on which the wharf was built. With the passage of SB 551, by operation of law, the City 292
became lessor in place of the State of California for all existing leases of Tidelands, and entered into a Tidelands Lease for use of the wharf by NRG Energy.

In 2021, developer Integral Communities purchased the nearly 1,000 acres of power plant property adjacent to the wharf. The City terminated its lease with NRG Energy on June 30, 2021, and the wharf became property of the City pursuant to a provision in the lease. As new owner of the unique infrastructure, the City conducted a Condition Assessment Report (Assessment) of the wharf (see Attachment 3). In addition to detailed conditions, this Assessment approximated costs of demolition and replacement as well as repair of the wharf at $21,300,000 and $8,700,000 respectively. Given these costs, in August, the City entered into a contract for a feasibility study to identify relative processes and costs for implementing the highest and best use the wharf.

Potential highest and best uses of the wharf fall into three main categories: removal, recreational, and industrial. Building on and complimentary to the feasibility study, an asset evaluation will aim to assess the wharf structure to understand current environmental considerations, costs, and steps necessary to support each of the three main use categories from an environmental perspective.

SUBCOMMITTEE FINDINGS
This item was not presented at a Subcommittee.

STAFF ANALYSIS
The Pittsburg Waterfront is evolving. In the last decade two large industrial property owners sold over 1,000 acres to lighter commercial users or residential developers, prominent enterprises like Dow Chemical and US Steel have undergone major structural transitions, and green tech has expanded on the waterfront with much more potential. On the western half of Pittsburg’s waterfront, City Council approved its first commercial Tidelands Lease for a hotel near the marina in 2022, retail entities like bait shops, fish markets, and cafes are thriving, old parks and recreation amenities are receiving grant-funded upgrades, and the City continues to pursue expansion of its waterfront-focused brownfield programs. All of these changes affect the disposition of the wharf, but none more than the Bay Walk Project proposing 2,000 residential unit, mixed-use development on upland property adjacent to it.

The City's Environmental Services Division is responsible for fostering projects that promote public benefit and redevelopment of underutilized properties. With the influx of residents associated with the Bay Walk Project, productive use of the wharf that can provide immense public benefit and revitalization of underutilized infrastructure can become a reality. The feasibility study proposed will develop details needed to inform future community and City Council decisions through exploration of financial opportunities and costs, physical needs, environmental parameters, and implementation hurdles of industrial, commercial, and recreational uses.
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Staff sought three quotes for evaluation of the wharf’s highest and best use and received one response from Anchor QEA. Anchor QEA has extensive internal knowledge and experience on the Sacramento San-Joaquin River Delta, and in addition to the wharf feasibility study, the City has worked with Anchor QEA for several years on dredge projects, various marine permitting items, and conditions assessments. Anchor QEA also routinely works with the EPA and a suite of environmentally focused agencies, has extensive brownfield experience, and has an abundant network of Minority and Women Business Enterprise subcontractors and partners.

ATTACHMENTS: Resolution 22-
Consultant Services Agreement
Report Prepared By: Sara Bellafronte, Senior Administrative Analyst 294
Resolution No. 22- 1 October 3, 2022

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

Authorizing the City Manager to Negotiate and )
Execute a Professional Services Agreement for) RESOLUTION NO. 22- A Wharf Asset Evaluation )
WHEREAS, PG&E constructed a 1,100-foot long timber, concrete, and steel wharf to support its associated Pittsburg power plant in the 1950’s, and through a series of transactions over the next 70 years, the power plant property and wharf infrastructure were sold to various operators with its latest being NRG Energy; and WHEREAS, in 2011, California Senate Bill 551 enacted a grant of sovereign tidelands and submerged lands (Tidelands) within City boundaries to the City. This grant included APN 085-010-012, the land on which the wharf was built; and WHEREAS, with the passage of SB 551, by operation of law, the City became lessor in place of the State of California for all existing leases of Tidelands, and entered into a Tidelands Lease for use of the wharf by NRG Energy; and WHEREAS, the NRG Energy terminated its lease with the City on June 30, 2021, and the wharf became property of the City pursuant to a provision in the lease; and WHEREAS, as new owner of the unique infrastructure and its associated costs, the City entered into a contract in 2022 for a feasibility study to identify relative processes and costs for implementing the highest and best use the wharf; and WHEREAS, building on and complimentary to the feasibility study, the City proposes to enter into a contract for an asset evaluation that will aim to assess the wharf structure to understand current environmental considerations, costs, and steps necessary to support each of the three main use categories from an environmental perspective; and WHEREAS, staff sought three quotes for this work and received one response from Anchor QEA. Anchor QEA has extensive internal knowledge and experience on the Sacramento San-Joaquin River Delta, EPA Brownfields programs, environmental permitting agencies, and a robust network of Minority and Women Business Enterprises.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute a Professional Services Agreement with Anchor QEA for a Wharf Asset Evaluation and allocates $186,000 for the cost of the evaluation.
295
Resolution No. 22- 2 October 3, 2022 PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 3rd day of October 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Holland Barrett White, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
296

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 Ordinance Approving a Zoning Map Amendment for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)
MEETING DATE: October 3, 2022

EXECUTIVE SUMMARY
On September 19, 2022, the City Council held a public hearing on a request for approval of a 17-lot, single-family residential, subdivision on a 1.8-acre site located at 360 Central Avenue in the RS-5 (Single-Family Residential) District. Assessor Parcel Number 086-151- 002. After closing the public hearing, the Council adopted Resolution No. 22-14162 approving a General Plan Map amendment, a Vesting Tentative Map for a Major Subdivision and Design Review of landscape and architectural plans. The City Council also introduced and waived further reading of an ordinance approving a Zoning Map amendment for the project. The Ordinance is now ready for City Council adoption.

FISCAL IMPACT
One-time revenues related to construction permits and other development fees and exactions (as outlined in the proposed development agreement) are anticipated with this project. There is no impact to the General Fund if this project is approved.

RECOMMENDATION
City Council move to adopt an Ordinance approving a Zoning Map amendment (and associated PD Plan) for Liberty Residential Subdivision Phase II (Attachment 1).

BACKGROUND
The requested Zoning Map amendment would rezone the site from RS-5 (Single-Family Residential) District to PD (Planned Development) District (see Exhibit A of Attachment 1) to allow for flexible, small lot development.
297
For a more detailed discussion of the application in its entirety, the City Council may refer to the September 19, 2022, staff report titled “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Amending the Zoning Map for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” included as Attachment 2 of this report.

SUBCOMMITTEE FINDINGS
Not applicable.

STAFF ANALYSIS
After the City Council holds a public hearing and introduces an ordinance on a given matter, approval of the matter is formalized by City Council adoption of the ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The ordinance becomes effective 30 days after the date of its adoption.

ATTACHMENTS:

1. Ordinance
a. Exhibit A – Zoning Map Amendment and PD Plan

2. City Council Staff Report dated September 19, 2022
Report Prepared By: Alison Hodgkin, Associate Planner
298
Ordinance No. 22- Page 1 of 6 September 19, 2022

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

Ordinance Approving a Zoning Map ) ORDINANCE NO.

Amendment for a 17-Lot, Single-Family )
Residential Subdivision at 360 Central )
Avenue, for “Liberty Residential )
Subdivision Phase II, AP-21-1599 (GP, )
RZ, SUBD, DR).” )
The PITTSBURG City Council DOES ORDAIN as follows:

SECTION 1. Recitals.

A. On September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting approval of: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential, 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square-foot minimum lot size) to PD (Planned Development), 3) a Vesting Tentative Map for a 17-lot Major Subdivision; and 4) Design Review. The project site is located at 360 Central Avenue. Assessor Parcel Number 086-151-002.

B. The proposed project is governed by the applicable goals and policies of the Pittsburg General Plan, the Pittsburg Municipal Code (PMC), and the City’s adopted Design Review and Development Guidelines (DRDGs; Planning Commission Resolution No. 9864).

C. The proposed project statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines. Government Code section 65457(a) provides that any residential development project, including any subdivision, or any zoning change that is undertaken to implement and is consistent with a Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980, is exempt from the requirements of CEQA. This exemption is also codified in the CEQA Guidelines, section 15182(c).

D. Pursuant to PMC sections 18.16.02 and 18.48.030, the City Council, upon recommendation of the Planning Commission, may approve a zoning map amendment if it finds that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice.

E. On August 9, 2022, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10196, recommending approval of the proposal in its entirety, including the requested Zoning Map Amendment. 299
Ordinance No. 22- Page 2 of 6 September 19, 2022 F. On or prior to Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice.

G. On September 19, 2022, the City Council held a duly-noticed public hearing to: 1) introduce and waive further reading of this ordinance approving the proposed Zoning Map Amendment; and 2) adopt a resolution approving the proposed General Plan Map Amendment, Vesting Tentative Map and Design Review, at which time oral and/or written testimony was considered.

SECTION 2. Findings.

Based on the City Council Staff Report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. All recitals above are true and correct and are incorporated herein by reference.

Zoning Map Amendment:

2. The proposed amendment to the Zoning Map is consistent with the objectives, policies, general land uses, and programs specified in the General Plan in that:
a. The proposed project will be developed on an infill site, thereby helping the City maintain a compact urban form within the City’s projected municipal boundary (Goal 2-G-1).
b. The proposed project will provide medium intensity single-family residential near the Downtown and in an area accessible to transit and services (Goals 2-G-4 and 3-G-3). The project site is within a half-mile distance of the Pittsburg Center BART Station and a quarter-mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387).
c. The proposed project will expand Pittsburg’s housing diversity by providing single-family development on smaller lots ranging from 300
Ordinance No. 22- Page 3 of 6 September 19, 2022 approximately 2,000 to 4,200 square feet (Goal 2-G-5 and Housing Goal G-1).
d. The proposed project will utilize a Planned Development (PD) zoning, in part, to achieve a high-quality design outcome (Policy 2-P-5). e. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development (Policy 3-P-1, 3-P-13, and 7-P-2). The proposed project will comply with conditions of approval requiring payment of the Facilities Reserve Charge, Local Traffic Mitigation Fee (LTMF), and Regional Transportation Development Impact Mitigation Fee (RT-DIM) in accordance with the Pittsburg Municipal Code.
f. The proposed project will promote the public health, safety, and general welfare in that it requires the Developer to: a) pay fees to finance unmet local and regional traffic improvement needs; b) annex the site into the City’s Community Facilities District (CFD) 2007-1 for park maintenance; c) annex the site into the City’s CFD 2016-1 for maintenance of off-site stormwater facilities; d) annex the site into the City’s CFD 2005-1 for police and other emergency services; e) annex the site into the City’s CFD 2014-1 for Railroad Avenue Specific Plan improvements and f) annex the site into the City’s CFD 2017-1 for fire facilities and fire safety and emergency services.
g. The proposed project will be built in an area where public facilities and infrastructure are already available (Policy 3-P-1).
h. The existing transportation system has adequate capacity to accommodate the proposed project (Policy 3-P-2). Residents of the proposed project will have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and bicycle lanes.
i. The Developer was not required to prepare a traffic impact study because the proposed project is expected to generate under 100 net new peak hour trips (Policy 3-P-5).
j. The proposed project will provide safe and contiguous routes for pedestrians and bicyclists (Policy 3-P-17, 7-P-34, and 7-P-40) in that there is an existing Class II bicycle lane along Central Avenue. k. The proposed project focuses single-family residential on a site that has been designated as a Priority Development Area under the Metropolitan Transportation Commission and Association of Bay Area Government’s FOCUS Program (Policy 3-P-18 and Housing Policy P-1.1 D). l. The proposed project will promote the development and intensification of the Downtown commercial core as neighborhood retail center by 301
Ordinance No. 22- Page 4 of 6 September 19, 2022 increasing the demand for retail and other amenities (Goal 5-G-2). m. The proposed project will encourage walking as a regular means of transportation due to the site’s proximity to various amenities (Goal 7-G- 15). The project site is within a half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, the Pittsburg Center BART Station, and the Downtown commercial core.
n. The proposed project will include bicycle racks in each garage for secure bicycle parking (Policy 7-P-45).
o. The Developer was not encouraged to dedicate a public park because the proposed development includes less than 150 units (Policy 8-P-16). p. The Developer will equitably share the costs associated with providing water and wastewater services to the proposed project through payment of the Pittsburg Facilities Reserve Charge (Policy 11-P-7 and 11-P-18). q. The proposed project will include sound walls along the north and south perimeter and provide upper-floor windows of residences adjacent to the UPRR tracks (homes on Lots 11-14) to be upgraded to a Sound Transmission Class (STC) rating of 32. The proposed sound walls and upper-story windows will help ensure interior noise levels do not exceed 45 dB CNEL (Policy 12-P-6).
r. The proposed Zoning Map amendment is for a project site that is vacant, underutilized, and appropriate for higher-density residential use given its proximity to schools, parks, transit, and commercial amenities (Housing Element Policy P-1.1 B).
s. The proposed project will provide market-rate housing near in the Downtown and increase demand for economic activity in nearby shopping centers (Housing Policy P-1.2).
t. The proposed project will provide two, single-family homes with Accessory Dwelling Units (ADUs) that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners (Housing Policy P-1.5). u. The proposed project will help attain the City’s Regional Housing Needs Allocation for moderate and above-moderate income households (Policy P-1.6).
v. The proposed project will comply with conditions of approval requiring construction of quality home designs to ensure future residents will enjoy an attractive living environment (Housing Goal G-5 and Policy P-5.1).

3. The proposed amendment to the Zoning Map is compatible with the uses 302
Ordinance No. 22- Page 5 of 6 September 19, 2022 authorized in, and the regulations prescribed for, the land use district for which it is prepared, in that the land uses allowed in the proposed ‘PD District’ will be the same as those allowed in the ‘RS-4 (Single-Family Residential) District’ and the development regulations for the proposed ‘PD District’ will be those specified in the PD Plan in Exhibit A of this resolution.

4. There is a community need for the proposed zoning change, in that the amendment will facilitate occupancy of a long-standing vacant site in accordance with the City’s housing goals calling for development of a variety of housing types, densities, and prices to balance the City’s housing stock and to meet Pittsburg’s regional fair share housing needs for people of all income levels. Providing 57 small-lot, market-rate residential units along with six income-restricted accessory units at the site will provide diverse housing options for residents and create an opportunity for more residents to utilize the Pittsburg Center BART Station and other public transit opportunities.

5. The proposed zoning amendment will be in conformity with public convenience, general welfare, and good zoning practice, in that the amendment will facilitate development of a long-standing vacant site, which could help to eradicate existing problems that come with vacant sites, such as illegal dumping and loitering. Additionally, the proposed project will add additional residents to the area who may frequent the established and potential commercial uses envisioned along Railroad Avenue. In addition, the site’s proximity to both the Pittsburg Center BART Station and two existing bus routes presents an opportunity for more residents to utilize public transit opportunities.

SECTION 3. Decision.

Based on the findings and the authority set forth above, the City Council hereby:

A. Amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for the project site from RS-5 District to ‘PD’ District and adopting specific land use and development regulations as substantially presented in Exhibit A of this resolution.

SECTION 4. Effective Date
This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Publication.

The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption.
303
Ordinance No. 22- Page 6 of 6 September 19, 2022 The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on September 19, 2022, and was adopted and ordered published at a meeting of the City Council held on October 3, 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk
304
Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Fig. 1: Existing Zoning
305
Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Proposed
Fig. 2: Proposed Zoning
306
Exhibit A
Zoning Map Amendment and Planned Development (PD) Plan
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

Purpose and Applicability
The purpose of this PD Plan is to establish land use and development regulations for a 17-unit, single-family residential subdivision on a 1.8-acre site located 360 Central Avenue (APN:
086-151-002).

Land Use Regulations
The land uses allowed in the PD (Planned Development) District (shown in Figure 2) shall be the same as those allowed in the RS- 4 (Single-Family Residential) District (Pittsburg Municipal Code [PMC] Chapter 18.50).

Development Regulations
Except as indicated in the table at right, all development regulations of the PD District shall be the same as those of the RS-4 District. Use and development of the property would also comply with Article 3 (Performance Standards), Article 5 (Home Occupations) of PMC Chapter 18.50 and with the Off-Street Parking Requirements of PMC Chapter 18.78.

PD Development Regulations
Min. Lot Size 2,000 sq. ft.

Min. Lot Width 40 ft.

Min. Front Yard
(fronting on private road) 4 ft.

Min. Corner Side Yard
(next to private road) 4 ft.

Min. Interior Side Yard 4 ft.

Min. Rear Yard 4 ft.

Max. Encroachment into a Required Yard 1 ft.

Max. Lot Coverage 60%
Max. Building Height 28 ft.
307

Office of the City Manager
65 Civic Avenue
Pittsburg, CA 94565

MEMO: September 19, 2022

TO: Mayor and Council Members

FROM: Garrett Evans, City Manager

RE: Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Amending the Zoning Map for Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)

EXECUTIVE SUMMARY

This is a public hearing on a request for approval of: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential and 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Single-Family Residential) to PD (Planned Development) District (and associated PD Plan) for the Liberty Residential Subdivision Phase II Project located at 360 Central Avenue in the RS-5 (Single- Family Residential) district. Assessor's Parcel No. 086-151-002. For information purposes, this application also includes consideration of a Vesting Tentative Map for a 17- lot Major Subdivision and Design Review of landscape and architectural plans. On August 9, 2022, the Planning Commission adopted Resolution No. 10196 recommending approval of the proposal in its entirety.

FISCAL IMPACT

One-time revenues related to construction permits and other development fees and exactions (as outlined in the proposed Conditions of Approval) are anticipated with this proposal.

There is no impact to the General Fund if this project is approved.

RECOMMENDATION

City Council open the public hearing; take public comment; close the public hearing; then: (1) adopt a resolution (Attachment 1) approving a General Plan Map amendment , Vesting Tentative Map for a Major Subdivision and Design Review; and (2) introduce, waive further reading, and pass to second reading, an ordinance (Attachment 2) approving a Zoning Map amendment for the project. A condition of approval for the project has been included making approval of the General Plan Map amendment, Vesting Tentative Map for a Major Subdivision and Design Review contingent upon City Council adoption of the ordinance approving the 308

Zoning Map amendment (and associated PD Plan) for Liberty Residential Subdivision Phase II.

BACKGROUND

On September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting: 1) a General Plan Map Amendment to change the parcel’s land use designation from Low Density Residential to Medium Density Residential, 2) a Zoning Map Amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square- foot minimum lot size) to PD (Planned De velopment), 3) a Vesting Tentative Map for a 17-lot Major Subdivision; and 4) Design Review.

The Planning Commission held a public hearing to consider Mr. Parsons’ project on August 9, 2022. Following public testimony and deliberations, the Planning Commission unanimously adopted Resolution No. 10 196 (Attachment 3), recommending the City Council adopt an ordinance and resolution to approve Li berty R esidential Subdivision Phase I I, subject to conditions.

Existing Conditions: The parcel is 1.8 acres, designated Low Density Residential and currently zoned RS-5 (Single-Family Residential – 5,000 Square Foot Minimum Lot Size). The 1.8-acre parcel is located south of Central Avenue, directly behind a 0.65-acre parcel containing an existing, 10,206 square-foot (sq. ft.) church (Hamilton Memorial). The property is locat ed within the Old Town Gateway subarea of the Railroad Avenue Specific Plan (RASP).

The 1.8-acre parcel is vacant and undeveloped. The l and i s flat and cont ains seasonal grasses, five palm trees along the east and west perimeter, and seven Callery Pear trees along the east property line near the entrance of the project site. There is a wood fence along the east property line providing separation from the adjacent residential su bdivision ‘Terra Nova.’ There is an eight-foot sound wall along the west property line providing separation from the adjacent residential subdivision ‘Liberty Phase I.’ Currently, two free-standing blockades are placed on the east and west side of the existing church building to prevent access to the site from Central Avenue. The south side (rear) of the property is not secured with fencing and contains a remnant Union Pacific Railroad (U PRR) spur track easement which has b een quitclaimed to the applicant.

See Photos of the Project Site in Attachment 4.

The project site is approximately one- half-mile from the Pittsburg Center Bay Area Rapi d Transit (B ART) station and is within a quarter mi le of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387). Additionally, the project site is within one half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, and the Downtown commercial core.

See Map of Surrounding Land Uses in Attachment 5.

Proposed Project: The proposed project would subdivide a 1.8-acre parcel into 17 lots for single-family residential development, similar to adjacent Liberty Phase I subdivision. Four approvals are requested for this project: 1) a General Plan Map Amendment, 2) a Zoning Map 309

Amendment, 3) a Vesting Tentative Map for a Major Subdivision and 4) Design Review. Each approval is discussed in detail below.

1. General Plan Map Amendment:

The proposed General Plan Map Amendment would change the parcel’s current land use designation from Low Density Residential , w hich limits construction to a maximum of 7 dwelling unit s per acre (du/ac), to Medium Density Reside ntial which allows for t he construction of a maximum of 14 du/ac.

See Exhibit A of Attachment 1 (Resolution) for the proposed General Plan Map Amendment.

2. Zoning Map Amendment:

The proposed Zoning Map Amendment would rezone the 1 .8-acre project site from RS-5 District to PD (Planned Development) District. The land uses allowed in the proposed PD District would be the same as those allowed in the RS-4 (Single-Family Residential) District.

Specific development regulations for the proposed PD District, as shown in the PD Plan, would be:

Min. Lot Size: 2,000 sq. ft.

Min. Lot Width: 4 0 ft.

Min. Front Yard (fronting on private street): 4 ft.

Min. Corner Side Yard (next to private street): 4 ft.

Min. Interior Side Yard: 4 ft.

Min. Rear Yard: 4 ft.

Max. Encroachment into a Required Yard: 1 foot
Max. Lot Coverage: 60 percent
Max. Building Height: 28 ft.

The proposed development regulations in the PD Plan (listed above) are the same standards that were approved for the adjacent Liberty Phase I project completed in 2021.

See Exhibit A of Attachment 2 (Ordinance) for the
proposed Zoning Map Amendment and PD
Plan (Development Regulations).

3. Vesting Tentative Map for a Major Subdivision:

The proposed Major Subdivision would subdivide the 1.8-acre parcel into 17, single-family residential lots. The proposed lot sizes range from 2,150 (smallest lot size) to 3,649 sq. ft. (largest lot size), yielding a density of approximately 9.45 du/ac.

Access: A si ngle, 20-foot wide, two-way private street off Central Avenue (Colleen Circle) would provide access to the proposed subdivision. A four-and-a-half-foot sidewalk is proposed along the interior of the proposed subdivision. In the northeast portion of the project site, the sidewalk would transition t o the opposite side of the private street via a four-foot-wide crosswalk with Americans with Disabilities Act (ADA)-compliant curb returns and lead out to Central Avenue. Hamilton Memorial Church has secured an easement fr om Discovery Builders, Inc. to access the church using Colleen Circle. No improvements to Central Avenue 310

are required as part of this project. Currently, a remnant UPRR spur track easement, which has been quitclaimed to the applicant, crosses the rear property line through proposed lots 11 – 15.

Off-Street Parking: Each residence within the proposed subdivision would include a two-car garage, which satisfies the requirement for off-street parking pursuant to PMC Chapter 18.78.

An additional eight guest parking spaces would be p rovided in the northern section of the subdivision adjacent to proposed lots 1 and 17. No parking would be allowed on Colleen Circle.

Bicycle Facilities: A C lass II bicycle la ne exists along Central Avenue. The applicant has proposed two, wall-mounted bicycle racks in the garage of all 17 residences.

Infrastructure/Utilities: The proposed project would be connected to existing utility providers in the City. Water services would be provided by the Contra Costa Water District and treated in the City’s water treatment facilities. As part of Liberty Phase I, the applicant installed a new segment of waterline for the city on Central Avenue intended to serve both Liberty Phase I and Phase II residential subdivisions. Therefore, the proposed project is compliant with the 2015 Water System Master Plan, as amended. A Condition of Approval will require the applicant to evaluate the existing, receiving storm and sewer facilities for adequate capacity and provide the results to th e city to identify any service or supply probl ems. If any service or supply problems arise, the applicant agrees to cover the cost for installation of additional facilities required to be constructed to accommodate the proposed project.

Stormwater: In accordance with the Memorandum of Understanding (MOU) executed with the city on May 16, 20 16, and amended December 12, 2019, the applicant proposes to utilize offsite mitigation credits in lieu of constructi ng low impact development (LID) stormwater facilities within the project site. Th e applicant will be required to annex the project site into Community Facilities District (CFD) 2016-1, for the continuous maintenance of o ffsite stormwater treatmen t facilities constructed at Carion Court , a s a C ondition of Approval. Additionally, the applicant will install full trash capture devices in all stormdrain inlets within the project area.

Prior to recording the Final Map, the applicant will be required to annex the project site into
CFD 2005-1 (Public Safety Services ), CFD 2007-1 (Park Maintenance) and C FD 2014-1 (Railroad Avenue Specific Plan).

See Exhibit B of Attachment 1 (Resolution) for the proposed Major Subdivision 9550 and Vesting Tentative Map.

4. Design Review:

Pursuant to PMC 18.36.100, Design Review is required for Major Subdivisions in single-family land use districts and PD districts.

Architectural Plans: The architectural plans for the proposed subdivision include four, two- story, single-family residence models with three ext erior design options and 12 total color schemes. The house model designs are characterized by a mixture of hipped and gable-end roofs with concrete tile roofing mate rial, stucco siding and simulated stone veneer or 311

horizontal lap siding and windows with faux shutters or wrought iron railings.

The proposed single-family residence models (Plans 1 – 4) would range from 1,814 to 2,487 sq. ft. in total living area. The proposal includes eight (8) Plan 1, four (4) Plan 2, four (4) Plan 3 and one (1) Plan 4 floor plans. All of the 17 proposed lots would include a concrete pathway leading up to a front porch/patio area ranging in size from 29 to 96 sq. ft.

Plan 1. The floor plan for the eight, Plan 1 single-family residences shows a 419 sq. ft., two-car garage with two wall-mounted bicycle racks, a family or ‘great’ room, a ‘nook’ or dining room, a kitchen with appliances, pantry and half bathroom or ‘powder’ room on the first floor. On the second floor, the Plan 1 floor plan shows three bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft or optional fourth bedroom.

Plan 2. The floor plan for the four, Plan 2 single-family residences shows a 416 sq. ft., two-car garage with two wall-mounted bicycle racks, a living room (with a storage area under th e stairs) , a dining room, a kitchen with a ppliances and half ba throom o r ‘powder’ room on the first floor. On the second floor, the Plan 2 floor plan shows four bedrooms, two full bathrooms (including a master bath and walk -in closet), laundry facilities and a loft. Two of the four Plan 2 homes would also include an approximately 280 sq. ft. Accessory D welling Unit (ADU) to meet th e city’s affordable hous ing requirements in PMC Chapter 18.86. Both ADUs would be equipped with an exterior entry door and include a ‘studio-style’ living room/bedroom, kitchenette and bathroom.

Buyers of the two Plan 2 ho mes with the ADU w ould have the option of placing a lockable interior door leading from the living room of the main dwelling unit to the ADU.

Should the buyer of the Plan 2 homes with the ADU ch oose to remove the optional interior door to the ADU, the space would be constructed as a wall.

Plan 3. The floor plan for the four, Plan 3 single-family residences shows a 436 sq. ft., two-car garage with two wall-mounted bicycle racks, a living room, a ‘nook,’ a dining room, a kitchen with appliances and a half bathroom or ‘powder’ room on the first floor.

On the second floor, the Plan 3 floor plan shows four bedrooms, two full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft.

Plan 4. The floor plan for the single, Plan 4 single-family residence shows a 420 sq. ft., two-car garage with two wall-mounted bicycle racks, a family or ‘great’ room, a dining room, a kitchen with appliances, pantry and half bathroom or ‘powder’ room on the first floor. On the second floor, t he Plan 4 floor plan shows four bedrooms, t wo full bathrooms (including a master bath and walk-in closet), laundry facilities and a loft.

Green Building Features: Each proposed single-family residence would be equipped with an air conditioning unit and solar panels compliant with 201 9 California Energy Code. Solar panels wo uld be installed at the tim e of final occ upancy through a separate permit.

Additionally, the proposed project would include cool roofs and pre-wire for electric vehicle charging.

Refuse: Each proposed single-family residence would be equipped with an approximately 8 sq. ft. concrete trash pad and the ability t o accommodate three b ins (refuse, recyclables, organics) at the curb in the front of each residence. All bins would be sized to ensur e 312

compliance with requirements of Senate Bill 1383 (2016).

Landscaping: The Landscape and Fencing Plan indicates front yard landscaping would be installed for each proposed lot. For proposed lots 5 and 6 , which are on the corner, there would be corner-side landscaping. Additional landscaping is shown along the east property line and surroundi ng the g uest parking a reas adjacent to proposed lots 1 and 17. Each proposed lot would include shrubs , drought-tolerant ground cover and bark. Shrubs would include one-gallon containers of Manzanita, Spanish Lavender, Red Sage and Dwarf Germander and five-gallon containers of Noell Grevillea, Variegated Mock Orange and Shiny Xylosma. Additionally, each proposed lot would have at least one, 15-gallon container with the street tree (Chinese Pistache) and one 15-gallon container with a California native accent tree (Cercis Occidentalis, Western Redbud or California Redbud). The existing, five palm trees along the east and west perimeter of the project site would be removed to allow for sufficient access. The existing, seven Callery Pear trees along the east property line near the entrance of the project site would also be removed to allow for construction of the proposed sidewalk.

Because the existing palm and Callery Pear trees do not meet the definition of “protected tree” in PMC section 18.84.835(F), a tree removal permit is not required.

Fencing: Each proposed lot would be fully fenced with a six-foot, board-on-board, wood fence with steel posts and include a latched yard gate.

Sound Walls: Two separate, eight-foot sound walls would also be constructed on the project site. There is an existing, eight-foot sound wall along the entire length of the west property line which currently separates the project site from the adjacent Liberty Phase I Subdivision. One of the two proposed sound walls would be located along the entire length of the southern property line to separate proposed lots 11 – 14 from the railroad. The second proposed sound wall would be locate d along t he southern property line of the existing Hamilton Memorial Church parcel, providing separation between the church and the proposed Liberty Phase II Subdivision. According to the schematic in the plans, both sound walls would be treated with decorative features consistent with neighborhood design.

See Exhibit C of Attachment 1 (Resolution) for the proposed Project Plans, including the
Landscaping and Fencing Plan and Garbage Collection Exhibit.

GENERAL PLAN/CODE COMPLIANCE:

Pittsburg General Plan 2020

The project site is located in the East Central subarea of the General Plan and is currently designated Low Density Residential. The Low Density Residential designation is intended to provide sites for single family development with a density of 1 to 7 du/ac.

Although it is consistent with several General Plan goals and policies, the proposed project is a single-family development with a density of 9.45 du/ac which exceeds the parcel’s existing General Plan land use designation.

To address this i nconsistency, the applicant is req uesting the parcel be redesignated to Medium Density Residential. If the proposed General Plan Ame ndment is approved, the maximum density for the project site would increase from 7 du/ac to 14 du/ac, which would 313

allow for a maximum of 25.2 dwelling units on the 1. 8-acre project site. The applicant is proposing a total of 17 dwelling units on the project site, which is less than the maximum that would be permitted.

Railroad Avenue Specific Plan

The proposed project is locat ed wit hin the R ailroad Avenue Speci fic Plan (RASP) area.

Together, the RASP and the General Plan provide a framework to guide future development within the RASP boundary. The RASP was adopted in 2009 to implement the goals for the Railroad subarea of the General Plan. The RASP envisions a vibrant, walkable, mixed-use, and transit-oriented activity center around the Pittsburg Center BART Station.

The proposed project is located within the Old Town Gateway subarea of the RASP and has a RASP land use classification of Low Density Residential. The Old Town Gateway subarea is located at the northern edge of the RASP area, between the Burlington Northern Santa Fe and the Union Pacific Railroad tracks. The Old Town Gateway subarea is intended to provide a transition from the RASP area to Old Town Pittsburg.

The RASP states that “continuing to allow residential and commercial development in this sub- area will allow for future projects that provide shopping or employment opportunities in the space between the Specific Plan Area and Old Town.” RASP Land Use Policy 3-P-3 is also applicable to the proposed proj ect in that it encourages additional housing opportunities, including affordable housing, within one-half mile of the BART Station.

Zoning: The project site is in the RS-5 District. This zoning district is intended implement the General Plan land use designation. PMC section 18.50.105 requires a 5,000 sq. ft. minimum lot size in the RS-5 District which translates to a maximum density of 8.7 du/ac. Therefore, the current RS-5 zoning allows for a maximum of 15.7 dwelling units on the 1.8-acre project site.

To provide for small-lot development and additional flexibility for this property, the applicant is requesting the parcel be rezoned to a PD District which is allowed pursuant to PMC section

18.62.010(D). Rezones to PD Dis tricts must be accompanied by a “ PD Plan” that include specific land use and development regulations for the rezoned properties. The City Council has approved similar PD rezones and PD plans for past subdivisions such as the adjacent Liberty Phase I Subdivision, ‘Vista Del Mar’ i n the San Marco area, ‘Clipper Cove’ west of Downtown, and ‘Waterstone’ / ‘Belle Harbor’ across from Pittsburg High School.

If the rezone from RS-5 to PD is approved, the development regulations proposed in the PD Plan would reduce the minimum lot size for the 1.8-acre project site to 2,000 sq. ft. This would allow for a maximum of 39.2 dwellings on the 1.8-acre project site. However, the applicant is proposing 17 dwelling units on the project site , which is less than half of what would be allowed.

Development Review Design Guidelines

The proposed project is subject to the city’s Development Review Design Guidelines (DRDG), adopted by the Planning Commission through Resolution No. 9864.

The DRDG sections that a pply to this development are Sections I ( Residential - Single 314

Family/Duplex) and II (Neighborhood/Subdivision Design), which are intended to encourage good design for all residential dwelling units and neighborhoods/ subdivisions and Section VI (Green Buildi ng Design Guidelines), which are intended to encourage the use of green building design attributes, such as those that conserve energy and water use and promote clean local air quality.

In addition to demonstrating compliance with the city’s DRDGs, new development with certain RASP land use classificati ons must comply with specific RASP design and develop ment policies and standards. These addit ional RASP d evelopment standards (intensity, heigh t, setback, parking and landscaping) on ly apply to properties within the RASP area with the following land use classifications: Transit O riented Development (TOD) – H igh, TOD – Medium, TOD – Residential, Community Commercial and Business Commercial. It is important to note, t he project si te has a RASP land use classification of Low Density Residential and therefore does not fall within a land use classi fication subject to additional RASP design and development standards.

Inclusionary Housing Requirements

The purpose of PMC Chapter 18.86 (Inclusionary Housing) is to i mplement General Plan policies by establishing minimum requirements, incentives, and al ternative measur es to ensure safe, decent and affordable housing for all segments of the city’s population , regardless of household income, can be provided. Pittsburg General Plan Housing Element Policy 1.5 encourages construction of Accessory Dwelling Units (ADUs) or “second units” to allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners.

The Liberty Residential Subdivision Phase I project, approved in 2018, complied with the city’s Inclusionary Housing requirements by requiring 10 percent of all single-family homes within the subdivision to include an ADU. Each unit was subject to a “Secondary Unit Regulatory Agreement and Declaration of Restrictive Covenants” (Affordable Housing Agreement).

The Affordable Housing Agreem ents for th e Liberty Phase I project detailed specific occupancy regulations and rent restrictions for each unit. For instance, in the Agreement, each Liberty Phase I ADU is restricted, in that, if rented, can only be occupied by households whose gross income does not exceed 30 percent of the Area Median Income (AMI) for Contra Costa County. The agreement explains that this covenant runs with the land in perpetuity and clarifies th at future purchasers of the six lots that include the ADUs are responsible fo r meeting obligations in the Agreement.

Requiring 10 percent of all new residential units to include a secondary, lower-income unit is consistent with what the City required for the Liberty Phase I, Greystone, Waterstone, Alves Ranch and Tuscany Meadows projects, and is consistent with direction provided to Planning Staff by the C ity Council and the City Manager related to strategies used to incorporate affordable housing into these market-rate projects.

Given that Liberty Phase II is an infill developm ent adjacen t to Liberty Phase I, staff recommends the 10 percent Inclusionary Housing requirement continue to be utilized to meet the requirements of PMC Chapter 18.86. Therefore, the applicant is proposing that two of the 17 propos ed single- family residen ces include ADUs subject to Affordable Housing 315

Agreements with the City. This will be included as a condition of approval for the project.

See Exhibit D of Attachment 1 (Resolution) for Conditions of Approval.

Required Finding – General Plan Map Amendment: In order to adopt a general plan amendment, the City Council must determine, in accordance with Government Code section 65358, that the amendment would be in the public interest.

Required Findings – Zoning Map Amendment: In order to approve zoning changes, the City Council must determine, in accordance with PMC section 18.48.030, that:

A. the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan;

B. in the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;

C. a community need is demonstrated for the change proposed; and

D. its adoption would be in conformity with public convenience, general welfare and good zoning practice.

Required Findings – Vesting Tentative Map for a Major Subdivision : In order to approve a Vesting Tentative Map for a Major Subdivision, t he City Council must determine, in accordance with PMC section 17.20.060(c), that:

A. the proposed map is consistent with the general plan and any applicable specific plan, or other applicable provision of PMC;

B. th e site is physically suitable for the type of development;

C. t he site is physically suitable for the proposed density of development;

D. the design of the subdivision or the p roposed improvements wo uld not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;

E. the design of the subdivision or the type of improvements would not cause serious public health problems; and

F. the design of the sub division or the type of improvements would not conflict w ith easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Required Findings – Design Review: In order to grant Design Review approval for a project, the City Council must determine, in accordance with PMC section 18.36.220.B, that:

316

A. the structure conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality;

B. the structure would be protected against exterior and interior noise, vibrations and other factors that may tend to make the environment less desirable;

C. the exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value;

D. the structure is in harmony with proposed developments on land in the general area; and

E. the applic ation confor ms with the criteria set for th i n any applicable City adopted Design Guidelines.

A full analysis of how the proposed project meets the required General Plan Map amendment, Vesting Tentative Map for a Major Subdivision and Design Review findings is provided in Section 2 (Findings) of the Resolution (Attachment 1). A full analysis of h ow the proposed project meets the required findings for a Zoni ng Map Amendment is provided in Section 2 (Findings) of the Ordinance (Attachment 2).

Environmental Review: The proposed project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines.

Government C ode section 65457(a) pro vides th at a ny residential developme nt project, including any subdivision , or any zoning change that is undertaken to implement and is consistent with a Specific Plan for which an Environmental Impact Report has been certified after January 1, 1980, is exemp t from the requirements of CEQA . This exemption is also codified in the CEQA Guidelines, section 15182(c).

The proposed project is consistent with the RASP and Environmental Impact Report (EIR) which was adopted and certified by the City Council on November 2, 2009, in Ordinance No. 09-1319 and Resolution No. 09-11303. The proposed project falls within the boundaries of the RASP. A primary purpose of the RASP is to facilitate the development of new housing near the Pittsburg Center BART station. The proposed project is entirely residential, would consist of 17, single-family homes, along with a privat e road and other improvements, in close proximity to the P ittsburg Center BART station. The proposed project would advance the RASP’s goal of developing livable, low-density housing near public transit and within walking distance of new retail and commercial developments around the BART station.

CEQA provides a streamlined review process for projects consistent with existing zoning, a general plan, or a specific/community plan for which an EIR has been certified. The RASP EIR studied the environmental impacts associated with the anticipated buildout of approximately 1,845 new residential units and 988,449 sq. ft. of new commercial floor area within the RASP area. Since its inception in 2009, staff estimates that just 20 percent of the anticipated buildout of new residential units has been achieved. The proposed General Plan and Zoning Map Amendments would help implement many of the goals and policies in the RASP. 317

Additionally, the project site is less than five acres, surrounded on all sides by urban uses and is located in a disturbed area with little to no val ue as habitat for endangered, rare or threatened species. The project site is in an infill location and of a modest size. Compliance with General Plan and RASP policies, requirements in the PMC and project Conditions of Approval would ensure that any impacts to traffic, noise, air and water quality would be less than significant.

If the proposed project is approved, Planning Staff would file a Notice of Determination (NOD) with the Governor’s Office of Planning and Research (OPR) State Clearinghouse and Contra Costa County Clerk-Recorder’s Office pursuant to CEQA Guidelines, section 15094.

See Attachment 6 for the CEQA Substantial Conformance Memo.

Public Notice: On or before Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65 091, and PMC section 18.14.020.A, B and D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall and at or near the proj ect site; was delivered for posting at the Pitt sburg Library; was posted on the “Public Notices” section of the City’s website and was mailed via first class or electronic mail to the ap plicant, to the property owner, to owners of proper ty located within 300 feet of th e proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice. In addition, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all sub scribed residents in the “Harbor and School Street” neighborhood.

See Attachment 7 for the Public Hearing Notice.

SUBCOMMITTEE FINDINGS

Not applicable.

STAFF ANALYSIS

Staff believes that the City Council can make the required findings to approve of the proposed project. The staff-recommended findings are provided in Section 2 (Findings) of Attachment 1 (Resolution) and Attachment 2 (Ordinance) and summarized below.

General Plan Map Amendment

The proposed General Plan Map Amendment of the project site from Low Density Residential to Medium Density Residential would be in the public interest, in that the proposed land use change would facilitate quality residential development, promote the reuse and revitalization of a dilapidated property, help the city maintain a compact urban form, and promote a diversity of housing types and densities near the Pittsburg Center BART station. The proposed project would also enhance the visual quality of the area and increase the number of residents within the area that naturally monitor the streetscape and one another, enhancing community safety.

See Attachment 8 for the Consistency Analysis with General Plan Goals and Policies. 318

Zoning Map Amendment

The proposed Zoning M ap Amendment of the project s ite from RS-5 to PD would be consistent with the objectives, goals, and pol icies in the Ge neral Plan and RASP in that, among other reasons provided in the resolution in Attachment 1, the project would: a) provide medium intensity , single-family r esidential development near Downtown and in an area accessible to transit and services, b) expand Pittsburg’s housing diversity by providing higher- density single -family deve lopment o n s maller lots, c) promote t he development and intensification of the Downtown C ommercial Core as a nei ghborhood retail center b y increasing the demand for reta il and other amenities , d) encourage walking as a regular means of transportation due to the parcel’s proximity to various amenities, e) provide sound walls along the south and west property lines to mitigate noise along Central Avenue and the UPRR, f) provide two single-family homes with ADUs that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners, and g) be consistent with the PD zoning of immediately adjacent properties.

Vesting Tentative Map for a Major Subdivision

The proposed Vesting Tentative Map, subdividing the parcel into 17, single-family residential lots would be consistent with the objectives, goals, and policies in the General Plan and RASP in that, the project site is adjacent to underutilized and vacant properties identified in Figure

2.2 of the RASP as “Opportunity Sites” that have recently been transformed. The project site is physically suitable for the type and de nsity of the proposed development in that it is flat, vacant/undeveloped site. The design of the proposed subdivision a nd acco mpanying improvements would not have a significant impact on the environment, injure fish or wildlife or their habitat, or pose a significant risk to human health in that the project site is less than five acres, surrounded on all sides by urban uses and is located in a disturbed area with little to no value as habitat for endangered, rare or threatened species. The proposed subdivision would not cause serious health problems in that the project site is located between two, recent single-family resid ential subdivisions. T he d esign of the proposed subd ivision w ould not conflict with easements for access through or use of property within the proposed subdivision, in that the UPRR spur track easement on the property has been quitclaimed.

Design Review

The proposed project would conform with good taste, good design and in general contributes to the character and image of the city as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality, in that the proposed house models would feature an attractive architectural design characterized by a mixture of hipped and gable-end roofs with high-quality, concrete tile roofing material; stucco siding with horizontal trim, corbels, and simulated stone veneer; and a mixture of single-hung and sliding glass windows with faux shutters, or decorative wrought iron railings. Residential front yards would feature drought- tolerant plants and blooming street trees that would provide seasonal color throughout the subdivision.

See Attachment 9 for the Consistency Analysis with Development Review Design Guidelines

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ATTACHMENTS:

1. Resolution
a. Exhibit A – General Plan Map Amendment
b. Exhibit B – Vesting Tentative Map for Major Subdivision c. Exhibit C – Project Plans
d. Exhibit D – Conditions of Approval

2. Ordinance
a. Exhibit A – Zoning Map Amendment and PD Plan

3. Planning Commission Resolution No. 10196

4. Photos of Project Site

5. Map of Surrounding Uses

6. Substantial Conformance Memo

7. Public Hearing Notice

8. General Plan Goals and Policies – Consistency Analysis

9. Development Design Review Guidelines – Consistency Analysis

Prepared by: Alison Hodgkin, Associate Planner

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Resolution No. 22- Page 1 of 9 September 19, 2022

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Resolution Approving a General Plan Map ) RESOLUTION NO. 22- Amendment, Vesting Tentative Map, and )
Design Review for a 17-Lot, Single-Family )
Residential Subdivision at 360 Central )
Avenue, for “Liberty Residential Subdivision )
Phase II, AP-21-1599 (GP, RZ, SUBD, DR).” )

WHEREAS, on September 21, 2021, Louis Parsons of Discovery Builders, Inc., filed Planning Application No. AP-21-1599 (GP, RZ, SUBD, DR), requesting: 1) a General Plan map amendment to change the parcel’s land use designation from ‘Low Density Residential’ to ‘Medium Density Residential,’, 2) a Zoning Map amendment to rezone the parcel from RS-5 (Residential Single Family 5,000 square-foot minimum lot size) to PD (Planned Development), 3) a Vesting Tentative Map for a 17-lot Major Subdivision and 4) Design Review on a 1.8-acre parcel located at 360 Central Avenue. Assessor's Parcel No. 086-151-002; and

WHEREAS, the proposed project is governed by the applicable goals and policies of the Pittsburg General Plan, the Pittsburg Municipal Code (PMC), and the City’s adopted Design Review and Development Guidelines (DRDGs; Planning Commission Resolution No. 9864); and

WHEREAS, the proposed project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines (Public Resources Code section 21080); and

WHEREAS, under Government Code section 65358, the City Council, upon recommendation of the Planning Commission, may amend the City’s General Plan, in whole or in part, if it finds that the amendment would be in the public interest. No more than four general plan amendments to each required element may be adopted within one calendar year. In this calendar year so far, the City Council has not adopted any amendments to the General Plan Land Use Element; and

WHEREAS, pursuant to PMC section 17.20.060(c), the City Council, upon recommendation of the Planning Commission, may approve a tentative map if it finds that: a) the proposed map is consistent with the General Plan and any applicable specific plan, or other applicable provision of the PMC; b) the site is physically suitable for the type of development; c) the site is physically suitable for the proposed density of development; d) the design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; e) the design of the subdivision or the proposed improvements will not cause serious health problems; and f) the design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision; and

WHEREAS, pursuant to PMC section 18.36.230, the City Council, upon 321
Resolution No. 22- Page 2 of 9 September 19, 2022
recommendation of the Planning Commission, may grant design review approval if it finds that: a) the structure conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality; b the structure will be protected against exterior and interior noise, vibrations and other factors that may tend to make the environment less desirable; c) the exterior design and appearance of the structure is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value; d) the structure is in harmony with proposed developments on land in the general area; and e) the application conforms with the criteria set forth in any applicable City adopted design guidelines; and

WHEREAS, on September 19, 2022, after conducting a duly-noticed public hearing, the Planning Commission adopted Resolution No. 10196, recommending approval of the requested General Plan Map amendment, Zoning Map amendment, Vesting Tentative Map and Design Review; and

WHEREAS, on or prior to Friday, September 9, 2022, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.B, C and D, a “Notice of Public Hearing,” for the September 19, 2022, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library; and was mailed via first class or electronic mail to the applicant, to the property owner, to owners of property located within 300 feet of the proposed project site, to local service agencies whose services might be affected by this project, and to individuals who had previously filed written request for such notice; and

WHEREAS, on September 9, 2022, the City Council held a duly-noticed public hearing to: 1) introduce and waive further reading of an ordinance approving the proposed Zoning Map amendment; and 2) adopt this resolution approving the General Plan Map amendment, Vesting Tentative Map, and Design Review, at which time oral and/or written testimony was considered.

NOW THEREFORE, the City Council of the City pf Pittsburg does resolve as follows:

Section 1. Authority

A. Article XI, Section 7 of the California Constitution confers on cities the authority to regulate land use within their jurisdictions under the police power and to make and enforce ordinances to protect the public health, safety and welfare. Aesthetic reasons alone justify exercise of the police power (Metromedia, Inc. vs. City of San Diego [1980] 264 C3d 848, 164 CR 510).

B. The General Plan is the single most important planning document and represents the most comprehensive statement of the city’s interests and welfare (Government Code section 65300; Citizens of Goleta Valley vs. Board of Supervisors [1990] 52 CA3d 553, 276 CR 410). In general, all land use decisions must be consistent with the general plan. Consistency exists between a city’s land use action and the general plan when a city has officially adopted such a plan, and the various land uses approved are compatible with the objectives, 322
Resolution No. 22- Page 3 of 9 September 19, 2022
policies, general land uses and programs specified in the plan (Lesher Communications, Inc. vs. City of Walnut Creek [1990] 52 C3d 531, 277 CR1).

C. The Subdivision Map Act (Government Code section 66410, et seq.) vests in cities the power to regulate and control the design and improvement of subdivisions within their boundaries (Government Code section 66411). “Improvement” is broadly defined to include any specific improvement or type of improvement, the installation of which is necessary to ensure consistency with the general plan (Government Code section 66419[b]).

D. A city may not approve a tentative map unless it finds that the proposed subdivision, together with the provisions of its design and improvement, is consistent with the General Plan (Government Code section 66473.5).

Section 2. Findings

A. Based on the City Council staff report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. All recitals above are true and correct and are incorporated herein by reference.

General Plan Map Amendment:

2. The proposed amendments to the General Plan are in the public interest, in that the proposed land use change will facilitate quality residential development, promote the reuse and revitalization of a dilapidated site, help the City maintain a compact urban form, and promote a diversity of housing types and densities near the Pittsburg Center BART Station. The proposed project will also enhance the visual quality of the area and increase the number of residents within the area that naturally monitor the streetscape and one another, enhancing community safety.

Vesting Tentative Map:

3. The proposed Vesting Tentative Map is consistent with the General Plan, in that:

a. The proposed project will be developed on an infill site, thereby helping the City maintain a compact urban form within the City’s projected municipal boundary (Goal 2-G-1).

b. The proposed project will provide medium intensity single-family 323
Resolution No. 22- Page 4 of 9 September 19, 2022
residential near the Downtown and in an area accessible to transit and services (Goals 2-G-4 and 3-G-3). The project site is within a half-mile distance of the Pittsburg Center BART Station and a quarter-mile of two bus stops located near the intersections of Railroad Avenue/Central Avenue and Harbor Street/Central Avenue (Tri Delta Transit Routes 381 and 387).

c. The proposed project will expand Pittsburg’s housing diversity by providing single-family development on smaller lots ranging from approximately 2,000 to 4,200 square feet (Goal 2-G-5 and Housing Goal G-1).

d. The proposed project will utilize a Planned Development (PD) zoning, in part, to achieve a high-quality design outcome (Policy 2-P- 5).

e. The proposed project will pay its share of the costs for the construction of facilities needed to serve the development (Policy 3- P-1, 3-P-13, and 7-P-2). The proposed project will comply with conditions of approval requiring payment of the Facilities Reserve Charge, Local Traffic Mitigation Fee (LTMF), and Regional Transportation Development Impact Mitigation Fee (RT-DIM) in accordance with the Pittsburg Municipal Code.

f. The proposed project will promote the public health, safety, and general welfare in that it requires the Developer to: a) pay fees to finance unmet local and regional traffic improvement needs; b) annex the site into the City’s Community Facilities District (CFD) 2007-1 for park maintenance; c) annex the site into the City’s CFD 2016-1 for maintenance of off-site stormwater facilities; d) annex the site into the City’s CFD 2005-1 for police and other emergency services; e) annex

the site into the City’s CFD 2014-1 for Railroad Avenue Specific Plan improvements and f) annex the site into the City’s CFD 2017-1 for fire facilities and fire safety and emergency services.

g. The proposed project will be built in an area where public facilities and infrastructure are already available (Policy 3-P-1).

h. The existing transportation system has adequate capacity to accommodate the proposed project (Policy 3-P-2). Residents of the proposed project will have multiple transportation options available to them as the site is located near BART, Tri-Delta Transit, and bicycle lanes.

i. The Developer was not required to prepare a traffic impact study because the proposed project is expected to generate under 100 net new peak hour trips (Policy 3-P-5).
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Resolution No. 22- Page 5 of 9 September 19, 2022

j. The proposed project will provide safe and contiguous routes for pedestrians and bicyclists (Policy 3-P-17, 7-P-34, and 7-P-40) in that there is an existing Class II bicycle lane along Central Avenue.

k. The proposed project focuses single-family residential on a site that has been designated as a Priority Development Area under the Metropolitan Transportation Commission and Association of Bay Area Government’s FOCUS Program (Policy 3-P-18 and Housing Policy P-1.1 D).

l. The proposed project will promote the development and intensification of the Downtown commercial core as neighborhood retail center by increasing the demand for retail and other amenities (Goal 5-G-2).

m. The proposed project will encourage walking as a regular means of transportation due to the site’s proximity to various amenities (Goal 7-G-15). The project site is within a half-mile distance of Marina Vista Elementary School, Pittsburg High School, City Park, John Buckley Square, the Pittsburg Center BART Station, and the Downtown commercial core.

n. The proposed project will include bicycle racks in each garage for secure bicycle parking (Policy 7-P-45).

o. The Developer was not encouraged to dedicate a public park because the proposed development includes less than 150 units (Policy 8-P-16).

p. The Developer will equitably share the costs associated with providing water and wastewater services to the proposed project through payment of the Pittsburg Facilities Reserve Charge (Policy 11-P-7 and 11-P-18).

q. The proposed project will include sound walls along the north and south perimeter and provide upper-floor windows of residences adjacent to the UPRR tracks (homes on Lots 11-14) to be upgraded to a Sound Transmission Class (STC) rating of 32. The proposed sound walls and upper-story windows will help ensure interior noise levels do not exceed 45 dB CNEL (Policy 12-P-6).

r. The proposed Zoning Map amendment is for a project site that is vacant, underutilized, and appropriate for higher-density residential use given its proximity to schools, parks, transit, and commercial amenities (Housing Element Policy P-1.1 B).

s. The proposed project will provide market-rate housing near in the 325
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Downtown and increase demand for economic activity in nearby shopping centers (Housing Policy P-1.2).

t. The proposed project will provide two, single-family homes with Accessory Dwelling Units (ADUs) that would allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners (Housing Policy P-1.5).

u. The proposed project will help attain the City’s Regional Housing Needs Allocation for moderate and above-moderate income households (Policy P-1.6).

v. The proposed project will comply with conditions of approval requiring construction of quality home designs to ensure future residents will enjoy an attractive living environment (Housing Goal G- 5 and Policy P-5.1).

4. The project site is physically suitable for the type of development proposed in that the site is flat and surrounded by existing infrastructure, minimizing the amount of work and investment needed to extend utilities and services to the site.

5. The project site is physically suitable for the proposed density of development, in that the site is flat and surrounded by existing, established development. Further, the site is located within one-half mile of the Pittsburg Center BART Station, and less than a quarter-mile from two existing bus routes, making it an appropriate location for a medium-density residential development, as defined by the City’s General Plan.

6. The design of the proposed subdivision and accompanying improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, in that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) under Section 15182 (Projects Pursuant to a Specific Plan) of the State CEQA Guidelines (Public Resources Code section 21080).

7. The design of the subdivision and type of improvements proposed will not cause serious public health problems, in that the Phase I Environmental Site Assessment revealed no evidence of hazardous substances or petroleum products in connection with the project site.

8. The design of the subdivision and type of improvements proposed will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that there are no existing public access easements on the site. The proposed Vesting Tentative Map includes a new private street that will connect the development to existing public roadways, and the new private street will be of 326
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sufficient width to accommodate automobile and emergency vehicle access into and around the site.

Design Review:

9. The proposed project conforms with good taste, good design and in general contributes to the character and image of the City as a place of beauty, spaciousness, balance, taste, fitness, broad vistas, and high quality, in that the proposed house models feature an attractive architectural design characterized by a mixture of hipped and gable-end roofs with high-quality, concrete tile roofing material; stucco siding with horizontal trim, corbels, and simulated stone veneer; and a mixture of single-hung and sliding glass windows with faux shutters, or decorative wrought iron railings. The proposed project will also provide an attractive outdoor environment for residents. The Developer will install a variety of colorful, drought-tolerant landscaping and a decorative, masonry sound wall with wall caps and simulated stone veneer at each wall pilaster. Residential front yards will feature drought-tolerant plants and blooming street trees that will provide seasonal color throughout the subdivision.

10. The proposed project will be protected against exterior and interior noise, vibrations and other factors which may tend to make the environment less desirable, in that the project will be built to standard building codes that dictate maximum noise levels for the interiors of residential units.

11. The exterior design of the proposed project is not of inferior quality as to cause the nature of the neighborhood to materially depreciate in appearance and value. Rather, the proposed project will enhance the neighborhood’s appearance and value, in that it will result in a highly attractive environment utilizing a variety of compatible house and front yard landscape designs. The

proposed project will add value to the community by attracting additional residential and commercial investment in the area.

12. The proposed project is in harmony with proposed developments on land in the general area, in that there are no proposed developments in the immediate vicinity of the project site.

13. The proposed project will substantially conform to all applicable Development Review Design Guidelines (DRDG, Planning Commission Resolution No. 9864) for single-family development.

B. The City Council Staff Report entitled, “Adoption of a Resolution and Introduction and Waive First Reading of an Ordinance Approving Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR),” dated September 19, 2022, is referenced hereto as additional support for findings.

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Section 3. Decision

Based on the findings and the authority set forth above, the City Council hereby takes the following actions:

A. Amends General Plan Figure 2-2 (Land Use Diagram) to change the land use designation of the project site, from Low Density Residential to Medium Density Residential as substantially presented in Exhibit A of this resolution;

B. Modifies other Land Use Element tables and charts as necessary to reflect the change in land use acreages and maintain internal consistency with the General Plan document;

C. Approves Vesting Tentative Map 9550 (Exhibit B) subdividing the project site into 17 lots for detached single-family homes, subject to the conditions as substantially presented in Exhibit C of this resolution; and

D. Approves design review of the accompanying architectural and landscape plans (Exhibit D), subject to the conditions as substantially presented in Exhibit C of this resolution.

Section 4. The Improvements are Reasonably Necessary to Meet the Needs of the Public Arising as a Result of the Subdivision

An improvement imposed as a condition of approval of a tentative map is valid to the extent that it is not excessive. An improvement is not considered excessive if it is reasonably necessary to meet public needs arising as a result of the subdivision. (Government Code section 66465.4 (a), (b).) As an additional finding, the City Council hereby finds that the improvements and requirements described in section 3, above, are reasonably necessary to meet the needs of the public arising as a result of the Liberty Residential Development, as further described in sections 2, 3, and 4 of this resolution.

Section 5. Effective Date

This resolution shall take effect immediately upon its adoption.

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Section 6. Adoption

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 19th day of September 2022, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Holland Barrett White, Mayor
ATTEST:

Alice E. Evenson, City Clerk

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Exhibit A
General Plan Map Amendment
Liberty Residential Subdivision Phase II, AP-21-1599 (GP, RZ, SUBD, DR)