Pittsburg City Council
June 5, 2023

Ongoing;
implement as
development
projects are
proposed
In 2007, the City Council adopted Ordinance No. 07-1284, to allow an incremental increase in density proportionate to the increase in affordable units within the High Density Residential (RH) District. Specifically, for each 2 percent increase in deed-restricted lower- income unit offered above that required by the Inclusionary Housing Ordinance (Chapter

18.86), lot area per unit may be reduced 100 square feet per unit and minimum lot area 392
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 79 Program Objective Timeframe Status of Program Implementation may be reduced 2,000 square feet for a maximum density of 40 units per acre. No projects requesting to utilize the above-referenced section of the Zoning Ordinance have been proposed during the current Housing Element Cycle (2015-2023). 13-P-1.2 Encourage the construction of both high end and moderate-income housing in the southern foothills, downtown, along the waterfront, and throughout Pittsburg to provide above moderate-income housing opportunities in the community and to increase economic activity within the city.
13-P-1.2.A Establish minimum lot sizes
when prezoning the foothills
to accommodate large
homes. Provide flexible lot
sizes on up to 50% of the
lots, when requested, in
conjunction with a density
bonus and long-term
affordable housing
agreement.

Ongoing;
implement
upon request
Developable areas within the southern foothills have been pre-zoned as HPD District, and upon annexation into the City, HPD District regulations would apply. The HPD District does not establish minimum lot sizes; however, the allowable density for new single-family residential development is identified as a range from 0.2 to 4.5 d.u./ac depending upon the average natural slope of a property. This type of density range would be conducive to large lot and large home development.
13-P-1.2.B Ensure subdivisions in the
foothills include an
adequate supply of estate-
sized lots for estate size
homes.

Ongoing;
implement as
development
projects are
proposed
Development in hillside areas is subject to the base density calculations set forth in the HPD District development regulations, which allows for flexible lot sizes in accordance with the surrounding topography and development. The base density calculations allow a range from 0.2 to 4.5 d.u./ac. Such a density range would be conducive to a subdivision development of estate homes.
13-P-1.2.C Ensure that at least half the
homes approved and
constructed on estate size
lots in the foothills are over
3,000 square feet (net
garage) in size.

Ongoing;
implement as
development
projects are
proposed
All development projects and tentative subdivision maps are subject to review by the Planning Commission; therefore, this policy be implemented on a case-by-case basis. 13-P-1.2.D Support the development of
moderate- and above
moderate-income housing
within the existing City
Ongoing;
implement as
development
projects are
The southwest portion of the City, which extends from State Route 4 to the north to the southwest hills to the south, is located in the 693-acre San Marco PD, which was established in 1993 and is composed of approximately 14 distinct “villages” with varying densities and housing types specified for each. In 2012, the Planning Commission 393
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 80 Program Objective Timeframe Status of Program Implementation limits, such as high-end
condominiums,
townhouses, and single-
family units with premium
views and amenities
throughout the city to
increase economic activity
within these areas.
considered
and proposed
approved a Vesting Tentative Map in the San Marco PD for up to 252 small lot single- family lots (ranging from 2,992 square feet to 5,480 square feet) on approximately 30.2 acres.

In 2008, the San Marco Villas were constructed within the large-scale San Marco PD District. The development resulted in development of 330 market-rate multi-family apartments at the western foothills of the City and dramatically increased the number of rental units available to moderate- and above moderate-income families. In 2015, the Planning Commission approved the Villas II Extension, which added an additional 132 units immediately west.

In 2015, the Planning Commission approved the construction of Greystone Place (38 units) within the Railroad Avenue Specific Plan (RASP) PDA and the renovation of the Burlessas Building, which would include ground floor retail and eight multi-family residential units on the second floor. Construction of the Greystone Place Subdivision was completed in 2016.

In 2016 and 2018, the City approved the Waterstone and Liberty subdivisions, which included requests for Planned Development (PD) zoning to allow the development of 139 units, plus 14 accessory dwelling units. The City also approved the 62-unit Edgewater Apartment Project in 2018. Construction of the Waterstone Subdivision was completed in 2019. Construction of the Liberty Subdivision began in 2019 and is near completion. The Edgewater Apartments Project was completed in 2019.

In 2017, the City approved the Esperanza Apartments, a 318-unit multi-family development which will significantly increase the number of moderate- and above moderate-income multi-family units in the City. This project is still on hold.

In 2019, the City approved the Alves Ranch Subdivision, which included a request to rezone the site from a combination of High Density Residential (RH-P) and Office Commercial (CO-P) to Planned Development (PD) and Community Commercial (CC) in order to allow a single-family residential project with 346 units, plus six accessory dwelling units. Construction of the Alves Ranch Subdivision is still underway.

In 2020, the City approved San Marco Villas III. The Villas project will provide 270 additional market-rate apartment units near the northwest corner of W. Leland Road and San Marco Boulevard.
394
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 81 Program Objective Timeframe Status of Program Implementation 13-P-1.4 Support the construction of multi-family housing in close proximity to transit, arterials, shopping, and public services. 13-P-1.4.A Encourage the development
of high-density, transit-
oriented mixed-use
development for all income
levels, within identified
Priority Development Areas
(PDAs) near existing and
planned transit through the
implementation of the
Pittsburg/Bay Point BART
Master Plan and the
Railroad Avenue Specific
Plan. Where feasible and
appropriate, provide
incentives such as fee
waivers or deferrals,
reduced parking
requirements (in accordance
with the adopted plans) and
fast-track permit
processing.

Communicate
with interested
developers at
least once per
year and
implement as
development
projects are
proposed
The City Council adopted Ordinance No. 09-11303 approving the Railroad Avenue Specific Plan on November 2, 2009. The plan regulates development within the Railroad Avenue PDA and allows densities up to 65 units per acre in areas closest to Pittsburg Center BART Station.

In 2011, the City Council adopted Ordinance No. 11-1350 rezoning approximately 50 acres around the existing Pittsburg/Bay Point BART Station to M-P (Mixed Use with a Master Plan Overlay) District. The Master Plan allows high-density residential development up to 70 units per acre (not including density bonuses), and contains development standards such as minimum densities, maximum parking standards, and architectural and streetscape standards intended to foster development of a high-density, mixed-use transit village around the BART station.

In 2016, the City approved the Waterstone Subdivision, which included a request to rezone 7.25 acres from Government/Quasipublic (GQ) District to a Planned Development (PD) District to allow the development of 82 units, plus 8 accessory dwelling units which are affordable by design. The development is designed at a density of 11.5 d.u./ac, and is located within a ½ mile radius of the BART station at the intersection of Railroad Avenue and SR 4.

In 2017, the City approved the Esperanza Apartments, a 318-unit multi-family development approximately one mile west of the Pittsburg/Bay Point BART Station.

In 2019, the City approved the Alves Ranch Subdivision, a 346-unit single-family subdivision approximately ½-mile west of the Pittsburg/Bay Pont BART Station.

In 2020, the City approved the Atchison Mixed-Use Development along Railroad Avenue.

The site is about half-a-mile south of the Pittsburg Center BART Station. The project will include 202 affordable apartment units, and 13,659 square feet of commercial space. The project took advantage of a density bonus and several incentives/concessions. 13-P-1.4.B If deemed necessary by the
City Engineer, research and
implement Transportation
Ongoing;
review
annually or as
The Railroad Avenue Specific Plan contains Policy No. 6-P-13, to implement TDM strategies including those listed within Program 13-P-1.4.C, when traffic and parking demand increases within the Specific Plan area. Further, the Specific Plan contains 395
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 82 Program Objective Timeframe Status of Program Implementation Demand Management (TDM)
strategies, such as parking
pricing, unbundling housing
and parking, and employer
sponsored transit passes,
for in-fill and mixed-use
developments located within
one-half mile distance of
BART and other transit
facilities in order to reduce
parking requirements.
development
projects are
proposed
reduced parking requirements for residential developments within the plan area. In 2016, the City hired a consultant to prepare a TDM strategy, and held multiple community meetings within neighborhoods affected by the Pittsburg Center BART Station to discuss TDM strategies and gather feedback.

The Pittsburg/Bay Point BART Master Plan contains subsection, 6.7, Station Area Development Strategies-Parking Management Strategies that sets forth recommendations to reduce parking demand on BART-owned properties. Further, the Master Plan contains parking maximums and no parking minimum standard for properties within the plan area. 13-P-1.4.C Encourage owners of very
large parcels (in excess of
20 acres) within one-half
mile of an established or
planned PDA to partner with
nonprofit housing
developers to develop a
portion of the site with
housing affordable to low-
and moderate-income
households.

Ongoing;
implement as
development
projects are
proposed
Implementation ongoing as development projects are proposed within these areas. 13-P-1.5 Encourage the construction of accessory dwelling units or “second units” that allow extended families to live near each other, increase the affordable and rental housing stock, and provide income assistance to homeowners. 13-P-1.5.A Support the development of
second units through
reductions and waivers of
city transportation and
planning fees for accessory
residential units.

Ongoing;
implement as
second units
are proposed
13-P-1.5.B Work with Delta Diablo
Sanitation District and
Contra Costa Water District
2015-2017
New accessory dwelling unit (ADU) laws went into effect on January 1, 2020 that define the maximum standards that can be applied to ADUs and Junior ADUs. The City Council adopted revisions to the City’s ADU ordinance to bring them into compliance with the new State laws. The passage of these laws has significantly raised interest in the construction of ADUs in Pittsburg. In 2020, the City issued 12 permits for attached and detached ADUs. Other subdivisions that have ADU construction requirements as part of their development agreements include the Liberty and Waterstone subdivisions. The City has also received SB 2 grant funds to prepare pre-approved ADU plans that could be used by residents to help reduce the cost of ADU construction. The consultant contract for that 396
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 83 Program Objective Timeframe Status of Program Implementation to reduce or waive fees for
utility installations for
accessory dwelling units.
13-P-1.5.C Develop a second unit
brochure and make it
available for distribution at
permit center and web site.
2015
work was approved by City Council in 2020. City Staff anticipates that this will be available for the public to use in Summer of 2023.
13-P-1.6 Meet Pittsburg’s fair share regional housing needs. 13-P-1.6.A Endeavor to facilitate the
production of a minimum of
2,025 housing units between
January 1, 2014, and June
30, 2022, including at least
392 units serving extremely
low- and very low-income
households, 254 units
serving low-income
households, and 316 units
serving moderate-income
households through
implementation of the
policies and actions
identified in this element.
2014-2022 During 2020, the City made more progress toward meeting its RHNA targets for the 2015- 2023 housing cycle. As of the end of last year, the City has achieved seven percent of its very low; 127% of its low; 68% of its moderate; and 77% of its above-moderate income RHNA targets through issuance of building permits (see Tables 1-5 above). On February 1, 2021, the Southern California News Group used RHNA data to create its second annual housing permit report card for all 539 cities and counties in the state. Only 33 were doing well enough to earn an A, while 96 got an F. The average grade was a C-minus.

Pittsburg earned a B+ which indicates the city is ahead of most jurisdictions in the State when it comes to meeting its housing targets for this cycle.

The City approved two large residential projects in 2020 – San Marco Villas III, a 270 apartment unit complex near the northwest corner of W. Leland Road and San Marco Boulevard; and the Atchison Mixed-Use Development, a transit-oriented 202 apartment unit complex at 2575 Railroad Avenue. Building permits were issued for 201 new residential units in 2020 (up from 116 permits issued the previous year). Of those total permits, six were for very low income; 97 were for low-income, none were for moderate income, and 98 were for above-moderate income units.
13-P-1.6.B Monitor the City’s inventory
of sites appropriate to meet
housing at all income levels
and ensure that adequate
sites remain available
2014-2022 Ongoing. The Successor Agency to the City of Pittsburg Redevelopment Agency (Successor Agency) staff maintains a list of City and Successor Agency-owned parcels that is available to the public upon request. In addition, all City employees have access to an online Geographic Information System (GIS) web page that contains up-to-date property information, which staff can provide to the public upon request. 397
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 84 Program Objective Timeframe Status of Program Implementation throughout the planning
period, in compliance with
Government Code Section
65863(b).

Affordable Housing/Special Needs Housing
Goal 2. Promote the expansion of the City’s affordable housing stock, including that which accommodates special needs households. 13-P-2.1 Provide incentives to developers who assist the City in meeting affordable housing needs, including units to accommodate special needs households: female-headed households, seniors, disabled, developmentally disabled, large families, emancipated youth, seasonal and temporary workers, and the homeless.
13-P-2.1.A Utilize public funds to
increase the supply of
housing affordable to
extremely low-, very low-,
and low-income
households, and moderate-
income large family
households. Endeavor to set
aside a minimum 20% of the
City’s annual Community
Development Block Grant
(CDBG) funds for affordable
housing projects and
programs targeting special
needs populations
described in Policy 2.1.

Review CDBG
funding
annually to
provide funds
for affordable
housing
projects and
targeted
special needs
populations.

The Housing Authority of the City of Pittsburg (HACP) administers rental assistance through the Section 8/Housing Choice Vouchers program to extremely low-, very low-, and low-income households by subsidizing their monthly housing expense.

The Housing Authority provides rental subsidy to the maximum extent allowable. Funding is awarded by the Federal government to subsidize low-income families with their rent.

The number of families the Housing Authority can assist is determined by the annual contract contribution awarded. Factors in determining the number of units available to assist eligible families are based on average housing assistance payments, fair market rents established by HUD, and administrative costs.

For calendar year 2019-2020, the Housing Authority received $16,330,675. These funds were used to subsidize 948 Section 8 recipients and 185 Veteran Affairs Supportive Housing (VASH) vouchers (this is 10 additional vouchers than the previous calendar year).

For the same calendar year, a total of $23,910 was expended under the Housing Rehabilitation program to sustain the existing housing stock, much of which is occupied by low-income residents. As of the 2021, the City will no longer have this program. 13-P-2.1.B Prioritize public funds for
the development of housing
affordable to extremely low-
income households for
identified special needs
Funding will
be prioritized
annually.

During 2018-2019 fiscal year, $101,541 of CDBG funds was expended for the Veterans Square Project. During the 2019-2020 fiscal year, the Housing Authority issued a $780,000 loan for the same project. The developer has agreed to dedicate and restrict thirteen (13) of the one-bedroom units and one (1) of the two-bedroom units in the Development, for a total of 14 units to very low-income veterans and their families. 398
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2.1. 13-P-2.1.C Provide fee waivers and
allow fee deferrals until
issuance of a Certificate of
Occupancy for developers
constructing affordable
housing developments
and/or developers providing
housing and programming
serving identified special
needs populations
described in Policy 2.1.

Investigate the possibility of
extending fee deferrals
beyond issuance of a
Certificate of Occupancy to
allow developers of
affordable housing to
amortize the fees over a
longer period of time.

Ongoing;
implement as
affordable
housing
projects are
proposed
Between 2015 and 2019, the Planning Commission entitled 523 new residential units as part of the Greystone, Waterstone, Liberty, and Alves Ranch projects. The development agreements for these projects require construction of 24 attached accessory dwelling units (ADUs) for lower-income households. They also require the City to waive the impact fees for the ADUs.
13-P-2.1.D Assist nonprofit developers
in seeking utility fee credits
when redeveloping sites for
affordable housing and/or
housing developments
serving an identified special
needs population as
described in Policy 2.1.

Ongoing;
provide
assistance as
development
projects are
proposed
Implemented on a case-by-case basis as affordable housing projects are proposed.

Previously, the City’s Engineering Division has worked with nonprofit developers to identify utility, traffic mitigation, and parkland dedication fee credits for multiple affordable housing developments including Siena Court, Veterans Square Apartments, and La Almenara.
13-P-2.1.E Give priority in processing
to project applications with
an affordable housing
component and/or serving
Ongoing;
Review
annually and
implement as
Historically, Los Medanos Village Apartments (71 unit affordable multi-family development) obtained planning entitlements as well as engineering and building permits, completed construction and received Certificates of Occupancy in approximately 19 months (April 2007 to November 2008). Siena Court (111-unit affordable development 399
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 86 Program Objective Timeframe Status of Program Implementation an identified special needs
population described in
Policy 2.1.
development
project
applications
are received
including a mixed-use component, a structured garage and a rooftop garden) obtained planning entitlements and engineering and building permits and broke ground on construction within approximately 18 months (June 2008 to December 2010). La Almenara (20-unit multi-family affordable development) obtained planning entitlements and engineering and building permits and broke ground on construction within seven months (February 2010 to September 2010).

More recently, Greystone Place, which included the construction of four affordable ADUs, obtained approvals and began construction in less than 20 months (February 2014 to November 2015). Waterstone, which included the construction of eight affordable ADUs, obtained approvals and began construction in less than a year (September 2015 to August 2016). Liberty, which included the construction of six affordable ADUs, obtained approvals and began construction in less than two years (February 2017 to September 2019). Alves Ranch, which includes the construction of six ADUs, obtained approvals and began construction in less than two years (June 2018 to February 2020). The Atchison Mixed-Use Development, which will include 202 affordable units, obtained approvals and was issued permits in 12 months (January 2020 to January 2021). 13-P-2.1.F Support density bonuses
and other incentives above
those required in the State
mandated Density Bonus
Law for mixed-income
housing projects which
address the housing needs
of an identified population
described in Policy 2.1.

Review
annually and
implement as
development
projects are
proposed
Implemented on a case-by-case basis as affordable housing projects are proposed. Since 2010, the Planning Commission approved Siena Court, an affordable housing development for seniors, and Veterans Square Apartments, both with approximately 50 percent density bonuses. The density bonuses granted by the City for these projects are significantly higher than the maximum density bonus called for under state law (35 percent).
13-P-2.1.G Continue to work with non-
profit developers to identify
and apply for County and
state grants
(www.hcd.ca.gov/fa) to
construct affordable
housing projects and/or
residential developments
that serve an identified
Annually
communicate
with nonprofit
developers
and annually,
depending on
state funding
cycles, submit
In 2015, the City applied for several County and State grant funding programs to support affordable housing. The City received a $20,000 grant from the San Francisco Foundation.

The Housing Authority of the City of Pittsburg has agreed to provide a loan agreement for up to $947,000 for the financing of Veteran’s Square through Resolution No. 15-288 dated June 15, 2015. In April 2016, the developer was notified that the Veteran’s Square project will be receiving an award of over $3 Million in state Veterans Housing and Homeless 400
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 87 Program Objective Timeframe Status of Program Implementation special housing needs
population described in
Policy 2.1.
applications
for funding.

Prevention Program funds and the project was invited to submit a full application for the state Affordable Housing and Sustainable Communities Program.

On August 12, 2019, the Housing Authority committed funding for (29) units which includes (19) VASH Vouchers under the Project-Based Voucher Program reserved for the Veteran’s Square project. On October 13, 2020, the Housing Authority entered into an AHAP Contract with SAHA to begin construction of the project.

The City will continue to apply for County and State funding in the coming years. 13-P-2.1.H Facilitate the development
of onsite childcare space by
offering priority permitting,
reduced parking and flexible
development standards for
housing developments that
include on-site childcare.

Review
annually and
implement as
development
projects are
proposed.

PMC section 18.50.010, “Land Use Regulations for All Residential Districts,” allows General Day Care uses as a permitted use in medium and high-density residential districts provided that they are designed as an ancillary part of the multi-family residential project, and serve only the residents of the complex; otherwise, they are permitted with an approved use permit. No development has proposed to have a childcare center within this reporting period.

The City’s Municipal Code currently allows small family day cares as a permitted use in all residential zones. In March 2017, the City Council adopted an ordinance amending Title 18 of the PMC to permit large family daycare homes of up to 14 children, with limitations related to noise, parking, and spacing/concentration, consistent with state law. The ordinance also streamlined the permitting process and minimized processing fees for large daycare homes.
13-P-2.2 Accommodate the development of housing that is accessible to disabled persons and facilitates aging in place. 13-P-2.2.A Continue to implement a
Home Rehabilitation Loan
Program, providing grants
to extremely low-, very low-,
and low-income senior and
disabled households to
increase the handicap
accessibility of their homes.

Advertise the loan program
through flyers, online
materials, and outreach at
Ongoing;
distribute
flyers and
update
outreach
materials
annually or as
needed
During the 2020-2021 fiscal year, $43,966 was expended under the Housing Rehabilitation program which $10,000 was funded by CDBG funds and $100,000 was funded by Successor Agency funds.
401
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 88 Program Objective Timeframe Status of Program Implementation the Senior Center and the
Housing Authority.
13-P-2.2.B To facilitate aging in place,
encourage that a percentage
of new homes within new
subdivisions be limited to
one-story in height, and
incorporate universal design
principles as part of a
comprehensive update of
the development review
design guidelines.
2015-2017 The Development Review Design Guidelines have not been updated to include this program. However, all projects are reviewed by the City’s Building Division in accordance with Chapter 11 of the California Building Code which requires that a certain number of residential units within new construction projects or significant rehabilitation projects be accessible and adaptable. Until the Design Guidelines are updated to include this program, it will be implemented on a case-by-case basis as development proposals are reviewed. The conditions of approval for the Tuscany Meadows Residential Project approved in 2016 require that at least 15% of all units in the subdivision be constructed as single-story structures, consistent with this housing element policy. 13-P-2.3 Support efforts to provide temporary, transitional and permanent housing in the City and surrounding area for homeless people. 13-P-2.3.A Coordinate with the County
and local non-profits to
identify and address the
housing and social service
needs of the local homeless.

Annually During the 2020-2021 fiscal year, the City provided $69,999 in CDBG funds to local non- profit programs that provide services to the local homeless population. The programs that received funding include Coordinated Outreach, Referral, and Engagement (CORE), Winter Nights Rotating Family Shelter, Loaves and Fishes, and St. Vincent de Paul RotaCare. CORE teams work to identify, engage, stabilize and house chronically homeless individuals and families. The outreach teams provide basic needs supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to C.O.R.E. Centers. The Winter Nights Rotating Family Shelter is a project of the Interfaith Council of Contra Costa County that provides emergency shelter, food, tutoring, transportation, case management, housing placement assistance and more to homeless families living primarily in East and Central County. Loaves and Fishes provides hot meals Monday through Friday and St, Vincent de Paul RotaCare provides a free medical clinic for low income and uninsured Pittsburg residents.

The City is actively engaged in the Contra Costa County of Continuum of Care (CoC) which is governed by the Contra Costa Council on Homelessness (Council). The Council provides a forum for communication and coordination about the implementation of the County’s strategic plan to prevent and end homelessness, and for orchestrating a vision 402
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 89 Program Objective Timeframe Status of Program Implementation on ending homelessness in the County, educating the community on homeless issues, and advocating on federal, state, and local policy issues affecting people who are homeless or at risk of homelessness. The Council provides advice and input on the operations of homeless services, program operations, and program development efforts in the county.

Pittsburg has been closely participating in the Council meetings as well as the Health, Housing, and Homeless Services (H3) Community meetings. The purpose of H3 community meetings is to exchange information regarding housing resources to County and non-profit staff, housing advocates, consumers of the homeless CoC, and the general public. Input and feedback from H3 community meetings are brought to the Mental Health Commission’s Consolidated Planning and Advisory Workgroup and the Council. 13-P-2.3.B Continue to fund operations of
the permanent homeless
shelters in Central Contra
Costa County using CDBG
and other funds targeted to
serve lower income
households.

Ongoing;
allocate funds
annually
The City continues to participate in the countywide efforts to assist the homeless population by funding services that take proactive steps to implement the CoC strategy for the homeless.

During the 2020-2021 fiscal year, the City provided $22,237 in CDBG funds to the St.

Vincent De Paul RotaCare clinic that is operated at the St. Vincent De Paul facility in Pittsburg. This program not only offers free medical care for the uninsured but also serves as a daytime shelter for homeless families. A feeding program is also within walking distance from the facility and offers hot meals for these families. Additionally, the City provided $23,184 in CDBG funds to CORE and the Winter Nights Rotating Shelter.

The Housing Authority of the City of Pittsburg applied for additional funding for Housing Choice Vouchers (Veterans’ Affairs Supportive Housing Vouchers aka VASH Vouchers) for homeless veterans in Contra Costa County. Ten (10) additional vouchers were awarded in Summer 2018 and another five (5) for March 2019. 13-P-2.3.C Amend the Zoning
Ordinance to redefine
supportive and transitional
housing to be consistent
with Health and Safety Code
Sections 50675.2 and
50675.14. In accordance
with more recent
interpretations of Senate Bill
2015-2016 Not yet implemented.
403
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 90 Program Objective Timeframe Status of Program Implementation 2, amend the Zoning
Ordinance to allow
supportive and transitional
housing as residential uses
subject only to restrictions
applicable to other
residential uses of the same
type in the same zone.
13-P-2.3.D Continue to support
expansion of programs
providing housing
information, counseling,
referrals, dispute resolution,
and/or emergency shelter.

Ongoing;
allocate
funding
annually or as
available
The Successor Agency has partnered in the past and continues to allocate funding to Pacific Community Services, Inc. (PCSI), to provide confidential counseling to families who are in danger of losing their homes to foreclosure; facilitate tenant/landlord dispute resolution; conduct pre- and post- purchase counseling to homebuyers within the City; provide free of charge information and referral services regarding home ownership to households within the City; refer homeowners within the City that require credit maintenance and money management services to a credit counseling agency. In fiscal year 2019-2020, the Successor Agency has allocated $10,000 for PCSI’s efforts.

During the 2019-2020 fiscal year, the City provided $10,000 in CDBG funds to Contra Costa Senior Legal Services, to support legal counseling, advice, representation, and litigation services to seniors in connection with housing issues. 13-P-2.3.E Work with public agencies
in the area to develop a
coordinated and cooperative
approach to identifying the
housing needs of day
laborers, and implement
programs to address their
identified needs.

Annually This program has not been implemented.
13-P-2.3.F Continue to support
community-based job
training programs to help
individuals learn necessary
skills to attain higher paying
jobs and transition out of
the Section 8 program.

Ongoing Ongoing. Future Build provides pre-apprenticeship training for low-income residents in East Contra Costa County. Training is offered in the building trades, solar theory and installation, construction, and hazardous waste. The program also provides post-graduate services including job coaching, referrals, and assistance from workforce investment job placement specialists. Successful graduates have been hired at Plumbers Local 159, Iron Workers Local 378, Laborer’s Local 324, Solar City, Aerotec, and Tesla. Opportunity 404
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 91 Program Objective Timeframe Status of Program Implementation Junction (headquartered in Antioch) also provides job training and placement in addition to career counseling and placement assistance.
13-P-2.4 Increase homeownership opportunities for extremely low-, very low-, low- and moderate income households. 13-P-2.4.A Provide support for the
development of homes for
extremely low-, very low-,
and low-income households
under sweat equity
programs, through technical
assistance, funding
application assistance, and
financial assistance if and
when available.

Ongoing;
implement as
development
projects are
proposed
The City has not implemented a sweat equity program during the current Housing Element cycle. City staff provides technical assistance and funding application assistance as requested by developers of affordable housing.

During the 2020-2021 fiscal year, $10,000 of CDBG and $100,000 of Succcessor Agency funds were allocated for the housing rehabilitation program to sustain the existing housing stock, much of which is occupied by low-income residents. 13-P-2.4.B Support continuation of the
County Mortgage Credit
Certificate program
benefiting new low- and
moderate-income
homeowners, and make
information about it
available at permit counter
and on the City’s website.

Ongoing;
review and
update
information
annually or as
needed
This program has not been implemented during the current Housing Element cycle. 13-P-2.4.C Continue to provide a first-
time homebuyer program in
the city for the benefit of
low- and moderate-income
households utilizing
appropriate CDBG and
Housing Authority
resources. Explore options
for partnership with ABAG
Ongoing;
allocate
resources
annually or as
available
This program has not been implemented during the current Housing Element cycle. 405
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 92 Program Objective Timeframe Status of Program Implementation or other regional agencies
on additional funding for a
region-wide first time
homebuyer program.
13-P-2.4.D Continue to provide
information to local for-
profit and not-for-profit
developers about the types
of state and federal low-
interest land
acquisition/construction
funds available for
development of homes
affordable to low- and
moderate-income
households by distributing
the list of available grant
funds listed on
www.hcd.ca.gov/fa/, and
continuing to offer support
in the application of these
funds.

Ongoing;
distribute the
list annually
and upon
request
This task is undertaken on a case-by-case basis when individual developers approach the City’s Economic Development Department and Planning Division, and request information or assistance in obtaining state and federal funds.

In the past, the City has worked closely with nonprofit housing developers to participate in mortgage and construction loan and grant programs including but not limited to the Housing and Community Development Multi-family Housing Program (HCD MHP), Contra Costa HOME, Affordable Housing Partnership (AHP) funds, California Tax Credit Allocation Committee (CTCAC) tax credits, and the California Debt Limit Allocation Committee (CDLAC) Qualified Residential Rental Project Program. 13-P-2.4.E Continue to participate in
the Contra Costa County
Consortium to ensure
access to and input on the
distribution of HOME and
HOPWA funds benefiting
Pittsburg residents with
special needs.
2015-2018 The City of Pittsburg continues to partner with the Contra Costa County Consortium to offer staff assistance and to ensure the receipt and distribution of Contra Costa HOME and Housing Opportunities for Persons with AIDS (HOPWA) funds that benefit Pittsburg residents.
13-P-2.4.F Continue to co-sponsor
homeownership/credit
preparation classes within
the community.

Ongoing; co-
sponsor
classes on
quarterly
Currently, the Housing Authority of the City of Pittsburg staff provides individual counseling on eligibility requirements, credit issues and pre- & post-homeownership counseling. This program will continue to be implemented on an ongoing basis depending on the availability of funding.
406
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 93 Program Objective Timeframe Status of Program Implementation basis or as
appropriate
13-P-2.4.G Amend the City’s
inclusionary housing
ordinance to allow
inclusionary units to count
towards density bonuses.
2017 Not yet been implemented.
13-P-2.4.H Review the appropriateness
and feasibility of the City’s
inclusionary housing
regulations as they relate to
new and existing for-sale
and rental housing
development. Evaluate
fluctuations in market-rate
home sale and rental prices,
income trends, and other
relevant data, as well as
recent case and state law as
it relates to the City’s
adopted policy. If
appropriate, consider
adopting a revised
inclusionary policy for new
development in which fee
payment (such as an
affordable housing linkage
fee) is the primary form of
compliance for various
types of development.

Identify appropriate
strategies for working with
owners and occupants of
2017 This program has not been implemented during the current Housing Element cycle. 407
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 94 Program Objective Timeframe Status of Program Implementation existing inclusionary units
depending on the results of
the analysis.
13-P-2.4.I Support the development of
homes affordable to low-
and moderate-income
households and developed
by nonprofit organizations
citywide. Support should
include, but not be limited
to, technical/staff assistance
for grant and tax credit
applications as well as
incentives, credits and fee
deferrals, and flexible
development standards in
accordance with the State-
mandated Density Bonus
Law. Prioritize partnerships
with nonprofit developers
that have a proven track
record in developing
successfully in the city.

Ongoing;
implement as
development
projects are
proposed by
nonprofit
organizations
Implemented on a case-by-case basis as applications are submitted. City staff provides technical assistance and finding application assistance as requested by developers of affordable housing.
13-P-2.4.J Create a list of publicly
owned land, update the list
on a quarterly basis, and
make the list available to
developers upon request.

Prioritize partnerships for
the disposition of publicly
owned land with nonprofit
developers that have a
proven track record in
Ongoing;
establish list
by 2016,
update
quarterly
Ongoing. The Successor Agency to the City of Pittsburg Redevelopment Agency (Successor Agency) staff maintains a list of City and Successor Agency-owned parcels that is available to the public upon request. In addition, all City employees have access to an online Geographic Information System (GIS) web page that contains up-to-date property information, which staff can provide to the public upon request. 408
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 95 Program Objective Timeframe Status of Program Implementation developing successfully in
the city.
13-P-2.4.K Pursue federal resources to
acquire foreclosed
properties for the
rehabilitation and re-
tenanting of very-low, low-
and moderate-income first-
time homebuyers, and to
assist homeowners facing
foreclosure to stay in their
homes. Institute a local
preference policy for
residents and those who
work and/or attend school in
Pittsburg when
administering the program.

Ongoing;
pursue federal
resources and
institute a
local
preference
policy by 2017
No federal resources to acquire foreclosed properties were obtained during the reporting period. The Successor Agency for the Redevelopment Agency of the City of Pittsburg partnered up with Pacific Community Services Inc. (PCSI), a non-profit organization that assists troubled homeowners at no charge. PCSI services include confidential counseling to families who are in danger of losing their homes through foreclosure. The counseling consists of a personal interview and the development of a case management plan. A working relationship is established between the homeowner and lender and so as to determine the best relief measures.
13-P-2.5 Increase the supply of rental housing available and affordable to extremely low-, very low-, low-, and moderate-income households, and in particular large families.
13-P-2.5.A Continue to advocate for
and operate the Section 8
Housing Choice Voucher
Program. Increase the
number of vouchers
available, when possible.

Ongoing The Housing Authority of the City of Pittsburg continues to provide rental housing assistance to approximately 948 Section 8 voucher holders, which includes 185 Housing Choice Vouchers for homeless veterans in Contra Costa County.

In 2017, the Housing Authority of the City of Pittsburg opened the Housing Choice Voucher Wait List and conducted a lottery. In 2020, HA Staff began purging the Wait List in preparation in assisting applicants who were selected for consideration when funding is available. In October, the HACP Staff applied for additional funding for Housing Choice Vouchers (Veterans’ Affairs Supportive Housing Vouchers aka VASH Vouchers) for homeless veterans in Contra Costa County. Additional VASH vouchers were awarded in Summer 2018 & Spring 2019.
409
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 96 Program Objective Timeframe Status of Program Implementation 13-P-2.5.B Continue to publicize the
Housing Choice Voucher
Program/benefits, and
encourage the participation
of single and multi-family
property owners.

Ongoing The Housing Authority continues to market the Section 8 Housing Choice Voucher Program by directly contacting and informing landlords and property managers about the program and by keeping program information current on the City website. 13-P-2.5.C Provide support for the
development of rental units
for extremely low-, very low-
, low-, and moderate-income
households that are
developed by nonprofit
organizations by offering
technical assistance,
funding application
assistance, fee waivers and
deferrals, and financial
assistance if and when
available.

Ongoing Implemented on a case-by-case basis as affordable housing projects are proposed. 13-P-2.6 Encourage the incorporation of energy conservation design features in existing and future residential developments to conserve resources and reduce housing costs.
13-P-2.6.A Continue to offer
rehabilitation loans and
possibly grants to low- and
moderate-income
homeowners to improve the
energy efficiency of their
residence and/or replace
existing energy inefficient
appliances.

Ongoing During the 2020-2021 fiscal year, $10,000 of CDBG and $100,000 of Successor Agency funds were allocated for the housing rehabilitation program to sustain the existing housing stock, much of which is occupied by low-income residents. During the same period, $43,966 was expended under the Housing Rehabilitation program and assisted 2 Pittsburg residents with the renovation of their homes. 13-P-2.6.B Create incentives such as a
density bonus or priority
2015-2020 This program has not been implemented.
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GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 97 Program Objective Timeframe Status of Program Implementation permitting for developments
that exceed state energy
efficiency standards by 20
percent as part of a
comprehensive update of
the development review
process of the Climate
Action Plan (whichever
comes first). Support the
use of solar heating and
cooling homes, consistent
with adopted building,
mechanical, and plumbing
codes.
13-P-2.6.C Work with public and private
financing entities to develop
a grant or long-term loan
program fund to fund the
installation of solar panels
on single-family and
multifamily residential
developments to reduce
energy consumption and
provide savings to property
owners. Examples of such
partnerships include but are
not limited to Pittsburg
Power Company, California
FIRST Energy Savings
Financing, Figtree PACE
Program and expansion of
the City’s involvement into
the HERO Program to
include residential uses.
2015-2020 This program has not been implemented.
411
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 98 Program Objective Timeframe Status of Program Implementation 13-P-2.6.D Utilize efficient design
principles in the site
planning of new
subdivisions to enhance the
quality of life of Pittsburg
residents. Closely follow the
guidelines set forth in the
adopted Green Building
Development Review Design
Guidelines and ensure that
the City’s Climate Action
Plan includes
neighborhood, site, and
building design to maximize
energy efficiency and smart
growth principles and an
incentive process to comply
with the adopted Green
Building Development
Review Design Guidelines
(see also Program 2.6.B).
2015-2022 Implemented on a case-by-case basis as development projects are proposed.

Eliminating Discrimination
Goal 3. Eliminate housing discrimination.
13-P-3.1 Promote fair housing opportunities for all people. 13-P-3.1.A Prohibit housing
discrimination on the basis
of age, race, ethnic or
national origin, physical or
psychological special need,
religion, sex, sexual
orientation, familial status,
or source of income in all
Ongoing. The City is subject to and enforces state and federal fair housing laws. In addition, all agreements signed by the City contain a non-discrimination clause stating that there shall be no discrimination with regard to the rental or sale of units and no preference shall be given to any particular class or group of people except to the extent that the affordable units are provided to households that meet the minimum income requirements. 412
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 99 Program Objective Timeframe Status of Program Implementation projects which receive local
public funds.
13-P-3.1.B Amend the Zoning
Ordinance to include a
definition of employee
housing as defined in Health
and Safety Code Section
17021.5 and 17008 and to
allow such housing for six
or fewer residents in
residential districts subject
only to restrictions
applicable to other
residential uses of the same
type in the same zone.
2015-2017 This program is not yet completed.
13-P-3.1.C Continue to address
impediments to fair housing
choice identified in the
Contra Costa Consortium’s
Analysis of impediments to
Fair Housing Choice.

Adhere to the
time frame
established in
the Analysis
of
Impediments
to Fair
Housing
Choice
Currently, Pittsburg Housing Authority staff provides individual counseling on eligibility requirements, credit issues, and pre- and post-homeownership counseling. This program will continue to be implemented on an ongoing basis depending on the availability of funding.
13-P-3.1.D Continue to fund tenant-
landlord counseling
services to help resolve
problems and conflicts that
occur in tenant/landlord
relationships. Publicize the
availability of these public
Annually Currently, Pittsburg Housing Authority staff provides individual counseling on eligibility requirements, credit issues, and pre- and post-homeownership counseling. This program will continue to be implemented on an ongoing basis depending on the availability of funding.
413
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 100 Program Objective Timeframe Status of Program Implementation resources through the City’s
website, and through the
display and dissemination
of written materials (in both
English and Spanish) at City
Hall and the Pittsburg
Library.
13-P-3.1.E Give preference to persons
who live and/or work within
the City of Pittsburg in the
purchase or rental of local
price restricted housing
units constructed and/or
acquired with local
affordable housing funds.

Ongoing A local resident and employee preference policy was implemented for all participants in the First Time Homebuyer Program prior to its dissolution; however, there is no local preference policy for potential occupants of inclusionary housing units. 13-P-3.1.F Continue to refer families to
Pacific Community Services
(PCS) for fair housing
issues or complaints.

Provide posters with fair
housing referral information
in the lobby area of the
Housing Authority office
and add information to the
Housing Authority’s
website.

Ongoing Currently, the Housing Authority of the City of Pittsburg staff refers fair housing issues to PCS. Fair housing information, including complaint forms and City contact information is available online. The Housing Authority Website will continue to be updated throughout the coming year. This program will continue to be implemented on an ongoing basis depending on the availability of funding.
414
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Goal 4. Improve and preserve the existing housing stock including affordable housing units, where feasible and appropriate. 13-P-4.1 Support the conservation and rehabilitation of existing for-sale housing stock (including mobile homes) through a balanced program of code enforcement and property improvements.
13-P-4.1.A Continue to investigate
complaints and take
appropriate action involving
Building and Housing Code
violations in single-family
and multi-family rental
housing.

Ongoing The Building Division administers the City’s Residential Rental Inspection Program which was established in 2006, with the adoption of Ordinance No. 06-1259. The Rental Inspection Program involves the identification and registration of rental properties in the City, the physical inspection of properties, and the issuance of correction notices and citations in order to gain compliance. This is accomplished through inspection, notification, communication, and the issuance of citations. The Building Division is also a key member of the City’s Code Enforcement Team. The team includes staff from the Police Department, Engineering and Planning Divisions, the City Manager’s office, and the City Attorney’s office. This group systematically addresses the more egregious Municipal Code violations in addition to establishing a proactive response to citizens’ concerns.

During the 2020-2021 fiscal year, $152,000 in CDBG funds was allocated to Code Enforcement activities to investigate complaints and take appropriate action involving residential code violations.
13-P-4.1.B Continue to offer housing
rehabilitation loans to
owners of single-family and
multi-family residences.

Ongoing During the 2020-2021 fiscal year, $10,000 of CDBG and $100,000 of Successor Agency funds were allocated for the housing rehabilitation program to sustain the existing housing stock, much of which is occupied by low-income residents. During the same period, $43,966 was expended under the Housing Rehabilitation program and assisted 2 Pittsburg residents with the renovation of their homes. 13-P-4.1.C Provide assistance to
households undertaking the
foreclosure process through
education, legal assistance,
and/or counseling services.

Utilize funds and/or other
Ongoing;
utilize funds
annually or as
funds become
available;
institute a
Currently, the Housing Authority of the City of Pittsburg staff provides counseling on eligibility requirements, credit issues, and pre- and post-homeownership on an individual basis. Though no activities were funded by CDBG during the Program Year, the Successor Agency for the Redevelopment Agency of the City of Pittsburg, partnered up with Pacific Community Services Inc. (PCSI), a non-profit organization that assists troubled homeowners at no charge. PCSI services include confidential counseling to 415
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 102 Program Objective Timeframe Status of Program Implementation resources made available
through CDBG and other
sources. Institute a local
preference policy for
residents and those who
work and/or study in
Pittsburg when
administering the program.
local
preference
policy by 2017
families who are in danger of losing their homes through foreclosure. The counseling consists of a personal interview and the development of a case management plan. Local preference policy has not yet been implemented.
13-P-4.2 Utilize public funds to preserve rent restricted units at risk of conversion to market rate and conserve and rehabilitate the existing supply of housing affordable and made available to extremely low, very low, low and/or moderate-income households, when and where appropriate.
13-P-4.2.A Set aside 20 to 40% of the
City’s annual Community
Development Block Grant
(CDBG) funds for housing
programs, including but not
limited to rehabilitation
programs that remediate
lead paint, eliminate
building code violations,
and result in more energy
efficient homes.

Annually During the 2020-2021 fiscal year $10,000 of CDBG and $100,000 of Successor Agency funds were allocated for the housing rehabilitation program to sustain the existing housing stock, much of which is occupied by low-income residents. During the same period, $43,966 was expended under the Housing Rehabilitation program and assisted 2 Pittsburg residents with the renovation of their homes. 13-P-4.2.B Monitor rent-restricted units
at-risk of conversion to
market rate and meet with
property owners to explore
possible options/incentives
to retain the units in the
affordable housing stock.

Facilitate preservation of at-
risk units through
cooperative partnerships
with non-profit housing
Start two
years before
expiration
date for each
development
The Successor Agency to the City of Pittsburg (former Redevelopment Agency) is responsible for the ongoing monitoring of units that are at risk of conversion to market rate. Redevelopment staff maintains lists of all deed-restricted housing units and monitors the status of the units. Units at risk of conversion would be eligible for rehabilitation grants and loans in exchange for maintaining deed restrictions on the units.

Affordable units at risk of converting for the 2015-2023 Housing Element reporting period include: Lido Square Townhomes, East Santa Fe Avenue Apartments, and the Woods Grove Apartments (formerly Woods Manor).
416
GENERAL PLAN ANNUAL PROGRESS REPORT (Calendar Year 2022) | Page 103 Program Objective Timeframe Status of Program Implementation provider(s), when feasible
and appropriate. This
includes monitoring the
planned renewal of Section
8 Certificates for Lido
Square and East Santa Fe
Apartments, facilitating the
renewal process when
needed, and utilizing public
funds, if available, to
purchase covenants in
and/or substantially
rehabilitate the units for
continued restriction of their
affordability. Support
developer and nonprofit
applications for other state
and federal funds available
to them for the preservation
of units at risk of conversion
and for the rehabilitation of
the existing housing stock.

Notice tenants of at-risk
units about available
resources.

The deed restriction for the Woods Grove Apartments was set to expire on January 1, 2019. However, the apartments were purchased by a third party and are undergoing substantial rehabilitation. The affordability covenants for this property has also been extended for an additional 55 years. The Woods Grove Apartments contains a total 80 affordable units. Sixty-nine units were to be set aside for low income and 11 units were to be set aside for very low-income households.
13-P-4.2.C Evaluate and monitor resale
restrictions for new
inclusionary units to
determine if the market rate
price is higher than the
inclusionary unit price.

Should the market price be
lower or at the inclusionary
home price, consider
foregoing resale restrictions
on a case-by-case basis.

Ongoing on
case-by-case
basis
Implemented on a case-by-case basis as restricted units become available for sale. 417
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Goal 5. Enhance the visual quality of Pittsburg’s residential neighborhoods. 13-P-5.1 Enhance the quality and variety of new home designs and home additions to ensure an attractive living environment. 13-P-5.1.A Conduct a comprehensive
update of the Development
Review Design Guidelines to
require a high quality of
design for new and existing
residential development.

Ensure that the guidelines
require that a certain
percentage of new homes
within new subdivisions be
limited to one story in height
and/or regulate second-
story elements to provide
increased variety in building
planes on all building
elevations.
2017-2020 This program to further update the DRDG has not yet been implemented. In November 2010, the Planning Commission adopted Resolution No. 9864, amending the Development Review Design Guidelines to include “Green Building Design Guidelines.” Existing residential development and subdivision guidelines were amended to eliminate policies deemed inconsistent with environmental and pedestrian-friendly principles.

In 2017, Senate Bill 35 (SB 35) established a mandated, streamlined ministerial review process for multifamily residential projects that pay prevailing wage for construction labor.

The intent of this law is to exempt qualifying projects from environmental review under the California Environmental Quality Act (CEQA) and limit the local government agency’s project review to compliance with locally adopted “objective design and development standards.” The City has received a $103,333 grant to cover the cost of a professional design consultant to develop the objective design standards from Pittsburg’s existing Development Design Standards and specific plans. This work is underway and will be adopted by the Planning Commission and City Council in 2022. . 13-P-5-2 Enhance the built environment through citywide landscaping efforts including the installation of street trees that will grow to create a street tree canopy along roadways and sidewalks. 13-P-5.2.A Publicize the existing street
tree program in
neighborhoods where street
trees are scarce. Expand the
program as funds become
available.

Ongoing This program has not been implemented.
418
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Ordinance is to promote the
health, safety, welfare, and
quality of life of the
residents of the City through
the protection of specified
trees located on private
property within the City, and
the establishment of
standards for removal,
maintenance, and planting
of trees.
2015-2016 Implemented. In 2015, the City Council adopted Ordinance No. 15-1390, establishing a citywide tree preservation ordinance. The City has begun mapping developer-installed protected trees as part of its GIS.
419
Resolution No. 23- Page 1 of 2 June 5, 2023

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

Accepting the General Plan Annual ) RESOLUTION NO. 23-
Progress Report for Calendar Year 2022 )
WHEREAS, the Pittsburg General Plan 2020 is a State-mandated and comprehensive planning document intended to guide Pittsburg’s long-term physical growth and development. It articulates a shared community vision of the City’s future and sets forth broad goals and policies relative to important topics including, but not limited to, land use, economic development, housing, transportation, public safety, and open space. The last comprehensive update of Pittsburg’s General Plan was completed in 2001. Most recently, the City Council adopted Resolution No. 15-13033 approving the General Plan Housing Element Update for the 2015-2023 planning period; and WHEREAS, under California Government Code Section 65400, the City is required to prepare a General Plan Annual Progress Report (APR) for submittal to the City Council, Governor’s Office of Planning and Research (OPR), and State Housing and Community Development Department (HCD) by April 1 st of each year. The purpose of the APR is to provide the City Council, OPR, and HCD with a progress report on the General Plan’s implementation status. The APR is also meant to provide the City Council with an opportunity to identify any General Plan modifications that may be necessary to improve its implementation and effectiveness; and
WHEREAS, the General Plan APR is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of the State CEQA Guidelines, section 15061, in that there is no possibility that the APR may have a significant negative physical impact on the environment; and WHEREAS, on May 23, 2023, the Planning Commission reviewed the General Plan APR for Calendar Year 2022 and subsequently adopted Resolution No. 10224, accepting the APR and authorizing submittal of the report to the City Council, OPR, HCD, and Contra Costa Transportation Authority (CCTA).

NOW, THEREFORE, the City Council DOES RESOLVE as follows:

Section 1. Findings.

Based on the City Council Staff Report entitled, “Adoption of a Resolution Accepting the General Plan Annual Progress Report for Calendar Year 2022,” dated June 5, 2023, and based on all the information contained in the Planning Division files on the report, adopted and 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 June 5, 2023, meeting, the City Council finds that:
420
Resolution No. 23- Page 2 of 2 June 5, 2023
A. All recitals above are true and correct and incorporated herein by reference.

B. The General Plan APR for Calendar Year 2022 appropriately and accurately summarizes the City’s progress to date in implementing the action policies in its General Plan.

Section 2. Acceptance of Report.

Based on the findings set forth above, the City Council hereby accepts the General Plan Annual Progress Report for Calendar Year 2022 included as “Exhibit A” of this resolution.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
421
422
423

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Donna Mooney, City Attorney
SUBJECT: Adoption of a City Council Resolution Authorizing the City Attorney to Execute First Amendment to Outside Counsel Services Agreement with Richards Watson and Gershon PC
MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The City Attorney proposes a first amendment to an Outside Counsel Services Agreement with the law firm Richards, Watson and Gershon PC, to increase the compensation for legal services in connection with the defense of a lawsuit.

FISCAL IMPACT
There is no fiscal impact. The developer is reimbursing for all costs and fees incurred.

RECOMMENDATION
Adopt the Resolution authorizing the City Attorney to execute the First Amendment to the Outside Counsel Services Agreement with the law firm Richards, Watson and Gershon, PC.

BACKGROUND
Since early 2021, the City has been represented by the law firm Richards, Watson and Gershon in the lawsuit Save Mount Diablo v. City of Pittsburg et al., which challenged the land use entitlements of the Faria project. The Agreement for Outside Counsel Services provided for $75,000 in compensation, which is the amount of the City Attorney signing authority in the Purchasing Policy. Litigation defense services over the course of the past two years have included responding to the lawsuit, attending court hearings, and providing legal advice on revised environmental review and approval documentation in 2023.

SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
424

STAFF ANALYSIS
The City Attorney retained Richards, Watson and Gershon, PC, to assist with the defense of a lawsuit filed in March 2021 by Save Mount Diablo challenging the approval of the Faria project on the assertion that the California Environmental Quality Act was violated, as well as other grounds. The firm has also provided legal advice regarding revisions to environmental review since the trial court decision. All fees and costs billed by the firm have been paid by the City and reimbursed by the developer. The Outside Counsel Services Agreement sets forth a maximum compensation of $75,000, which has been reached.

Pending invoices for work recently performed by the firm are expected to exceed the maximum. A contract amendment approved by City Council to increase the maximum above $75,000 is required. It is expected that an additional $25,000 will cover the anticipated costs of recent work by the firm.

ATTACHMENTS: First Amendment
Resolution
Report Prepared By: Donna Mooney, City Attorney
425

FIRST AMENDMENT TO OUTSIDE COUNSEL SERVICES AGREEMENT

RICHARDS, WATSON AND GERSHON

FOR DEFENSE OF LAWSUIT
SAVE MOUNT DIABLO V. CITY OF PITTSBURG ET AL
This First Amendment to the Principal Agreement made and entered into on June 10 th, 2021, hereafter referred to as Agreement, between Richards, Watson and Gershon, a California professional corporation, therein referred to as Outside Counsel, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into on this 11th day of May 2023.

RECITALS
A. City and Outside Counsel entered into an Agreement on June 10, 2021, for the purpose of providing litigation defense of Save Mount Diablo v. City of Pittsburg et al, case no. MSN21-0462 which challenged certain approvals and entitlements for the project known as Faria.

B. City is reimbursed for all litigation defense fees and costs pursuant to agreement with the developer of Faria.

C. The Parties seek to increase the total compensation set forth in the Agreement.

NOW, THEREFORE, Outside Counsel and City do mutually agree as follows:

1. Compensation. Section 5 of the Agreement is hereby amended to read as follows:

City shall compensate Outside Counsel for the performance of the Services at the rates shown on Exhibit “A.” No other compensation for the Services will be allowed. Moreover, not more than One Hundred Thousand Dollars ($100,000) shall be paid for services and reimbursable costs incurred under this Agreement except as approved by City Council.

Outside Counsel shall not bill City for duplicate services, i.e., services performed by more than one person.

2. Integration. This First Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this First Amendment. This First Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Outside Counsel shall perform all duties, obligations and conditions required under the Agreement.

3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control in all respects.

4. Ambiguities. The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.

5. Counterparts. This First Amendment may be executed by the parties in one or 426
more counterparts all of which collectively shall constitute one document and agreement.

6. Authority. The person signing this First Amendment for Outside Counsel hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Outside Counsel.

IN WITNESS WHEREOF, the parties have entered into this First Amendment on the day and year first hereinabove appearing.

OUTSIDE COUNSEL:

RICHARDS, WATSON AND GERSHON,
a California professional corporation
By:

Ginetta L. Giovinco, Vice President
CITY:

CITY OF PITTSBURG, a municipal
corporation of the State of California
By:

Donna Mooney, City Attorney
ATTEST:

By:

Alice Evenson, City Clerk
APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
427
Resolution No. 23- Page 1 of 1 June 5, 2023

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

Authorizing City Attorney to Execute )
First Amendment to Outside Counsel ) RESOLUTION NO. 23- Services Agreement with Richards, )
Watson and Gershon, PC )
WHEREAS, the City Attorney entered into an Agreement for Outside Counsel Services (“Agreement”) with the law firm Richards, Watson and Gershon, PC, in June 2021 to assist with defense of the lawsuit Save Mount Diablo v. City of Pittsburg et al, which challenged the approval of the Faria project; and WHEREAS, the Agreement set forth a maximum compensation of $75,000, which is within the signing authority of the City Attorney pursuant to the Purchasing Policy; and WHEREAS, after the trial court decision in the lawsuit, the law firm also provided legal advice on revisions to the environmental review and related documentation; and WHEREAS, pursuant to a contractual obligation of the developer, the City has been reimbursed for all outside counsel fees and costs; and
WHEREAS, the City Attorney seeks to amend the Agreement to add $25,000 to the compensation to cover anticipated invoices for recent work through the April 2023 approval of the project, which will also be subject to the developer reimbursement obligation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Attorney to execute the First Amendment to the Outside Counsel Services Agreement with the law firm Richards, Watson and Gershon, PC.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
428

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 Comply with State Housing Laws
MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The One Bay Area Grant 3 (OBAG 3) establishes the policy framework and commitments for investing federal Surface Transportation Block Grant Program (STP) and Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds for a four-year period covering federal fiscal year (FY) 2022/23 through FY 2025/26. As part of the OBAG 3 program, the City of Pittsburg must comply with state housing laws related to surplus lands, accessory dwelling units, density bonuses, and the Housing Accountability Act to maintain funding eligibility.

FISCAL IMPACT
No fiscal impact.

RECOMMENDATION
City Council adopt the attached resolution to comply with state housing laws to maintain funding eligibility for the OBAG 3 grant.

BACKGROUND
The OBAG 3 grant funding was adopted by the Metropolitan Transportation Commission (MTC) in January 2022. This grant includes more than $750 million in federal funding for projects from 2023 to 2026.

On July 15,2022, The City of Pittsburg submitted an OBAG 3 application for Pittsburg’s Delta de Anza Multimodal Trail Safety Improvements. The Project was selected to receive $4,427,000 in CMAQ funding.
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In order to maintain funding eligibility, the City of Pittsburg is required to self-certify compliance with state housing laws related to Surplus lands, accessory dwelling units, density bonuses, and the Housing Accountability Act.

Upon further review, MTC staff determined that Resolution No. 23-14282 passed on May 1, 2023, did not satisfy OBAG 3 requirements. In particular, the resolution failed to certify that the City is in compliance, and will comply with, the Surplus Lands Act in its entirety.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The OBAG 3 grant provides dedicated funding within the County & Local Program to support planning and programming activities throughout the nine Bay Area counties. This program is managed by MTC and the funds are utilized to support Plan Bay Area 2050 regional policies, development of countrywide transportation plans, outreach activities, and the advancement of additional plans and projects determined by MTC.

In order to augment the base funding levels for countywide planning and programing, compliance with state housing laws is required. The 2015-2023 City of Pittsburg Housing Element, Chapter 2 – Housing Needs Assessment in addition to the 2015-2023 City of Pittsburg Housing Element, Chapter 3 –Housing Opportunities and Constraints are applicable policies that support all elements of MTC’s approach to affordable housing. The call for projects process will not be programmed into the transportation improvement Program (TIP) until such resolution is adopted. After December 31, MTC, will reprogram these funds to projects that are in compliance with the state housing laws.

ATTACHMENTS: Resolution
Report Prepared By: Julissa Rico Ruiz, Transportation Engineer 430
Resolution No. 23- Page 1 of 2 June 5, 2023

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

Adoption of a City Council Resolution )
to Comply with State Housing Laws ) RESOLUTION NO. 23- WHEREAS, the San Francisco region has the highest housing cost in the United States; and
WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007- 2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play critical role in increasing the supply of land for affordable housing; and
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No.4505, outlining the programming policy and project selection criteria for One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds; NOW, THEREFORE, BE IT RESOLVED, by the City Council of Pittsburg, State of California, as follows:

That the City of Pittsburg agrees to comply with the terms of Surplus Land Act (California Government Code § 54220 et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development; and.

That the City of Pittsburg agrees to comply with state laws related to ADUs and JADUs, as it exists now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code §§ 17980.12; and
That the City of Pittsburg agrees to comply with state Density Bonus Law (California Government Code § 65915 et seq.), as exists now or may be amended in the future; and That the City of Pittsburg warrant and represents that is in compliance with the 431
Resolution No. 23- Page 2 of 2 June 5, 2023 aforementioned state housing laws and that there are no claims, actions, suits, or proceedings pending to the best of the Pittsburg’s knowledge, alleging violations of the state housing laws by the City of Pittsburg.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
432

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Resolution Authorizing the City Manager to Execute Agreement Between the City of Pittsburg and Cole Pro Media, LLC.

MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The City of Pittsburg has been utilizing the consulting service of Cole Pro Media, LLC since January 2018. Staff has drafted a three-year contract using the City standard contract template for services, which is attached to the staff report. Because the total sum of the compensation of the contract exceeds the threshold for staff authorization, the City is seeking City Council approval of the Resolution to continue the partnership by authorizing the City Manager to execute the Agreement between Cole Pro Media, LLC and the City of Pittsburg.

FISCAL IMPACT
If approved, the Agreement will not exceed $150,000 and will be allocated as disclosed on Exhibit B – Compensation Schedule.

RECOMMENDATION
Staff recommends City Council approval of an Agreement between Cole Pro Media, LLC and the City of Pittsburg for consulting, staff training and monitoring of City social media content.

BACKGROUND
The Police Department uses many social media platforms to communicate with the public on a variety of issues. Cole Pro Media, LLC has extensive experience assisting cities, sheriffs’ offices and police departments with managing their social media content.

In addition to social media management, City staff across all departments will have access to Cole Pro Media’s transparency engagement services. Through these services and a transparency engagement advisor, Code Pro Media will assist personnel with effectively and quickly communicating during a crisis situation.
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SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on April 4, 2023.

STAFF ANALYSIS
The Police Department has enlisted the services of Cole Pro Media for support and assistance with video and written content related to sensitive police department situations and incidents of community concern. As the consultant, Cole Pro Media reviews news releases and engages in unlimited phone calls regarding crisis communication issues. The crisis communication support has proved to be vitally important. With new legislation that requires disclosure of audio or video recordings of critical incidents, the support of Cole Pro Media with video content will be on-going and necessary.

Cole Pro Media evaluates the strength and weaknesses of staff’s work and provides non- legal guidance on how to respond to comments. Every other month, Consultant shall provide two, two-hour on-site communications strategy sessions. One shall be for the Police Department and one shall be for the remaining City departments.

The need to effectively communicate with the community is more important than ever and the use of social media is one of the best ways to share information. Cole Pro Media provides the support, assistance and training to ensure the City of Pittsburg meets the community’s expectations, professionally, efficiently, and thoroughly.

ATTACHMENTS: Consultant Agreement
Resolution
Report Prepared By: Chief Steve Albanese
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CONSULTING SERVICES AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND COLE PRO MEDIA, LLC
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and Cole Pro Media, a California limited liability company (“Consultant”) (together referred to as the “Parties”) as of July 1, 2023 (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, 2026, or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein.

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.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Forty-Four Thousand Dollars ($150,000), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a 435
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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 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 436
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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 B and included in the total compensation referenced in Section 2. Expenses not listed in Exhibit B 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.

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 437
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not less than $1,000,000 per occurrence and $2,000,000 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 officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-
contributing.
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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.

4.4 All Policies Requirements.

4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
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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 effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the 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.

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. 440
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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 Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.

Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be been determined to apply.

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.
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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 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, 442
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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.

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 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:
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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 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 444
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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 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, 445
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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: Cole Pro Media LLC
Laura Cole, President
3069 Alamo Drive, #122
Vacaville, CA 95687
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 represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements,
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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
Exhibit B Compensation schedule

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

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

10.13 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.

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

CITY OF PITTSBURG COLE PRO MEDIA, LLC
____________________________ ______________________________ Garrett Evans, City Manager Laura Cole, President
Attest:
____________________________
Alice Evenson, City Clerk
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A

SCOPE OF SERVICES
Consultant shall provide the following services:

Consultant shall conduct every other month in person or ZOOM two-hour communication strategy session.

Consultant shall be available seven days a week including holidays.

Consultant shall provide Training, Advising and Work Product, including:
 Focusing on the best ways to handle difficult topics with the community with a focus on transparency.
 Writing high-profile transparency news releases and talking points for City when necessary.
 Best practices when dealing with transparency, timelines, key messages, and social media posts.
 Best practices for handling critical incidents, media related issues, and crisis communicated issues with a strong emphasis on transparency.  Assisting with transparency news releases, transparency social media posts, transparency talking points, and press questions when an incident or situation occurs, as requested by City.
 Every other month communication strategy session that focuses on community outreach particularly on social media with a strong emphasis on social media.  Keeping the City up to date with the best practices and platforms to engage the community in a transparent way.
 Teaching City the latest trends in social media for transparency.  Teaching the City what types of content to look for, how to capture great pictures and video, and how to write stories in a way that creates community engagement with a strong focus on transparency.
 Helping design larger, long-term campaigns and writing communications plans with an emphasis on transparency.
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Consultant shall review news releases and provide recommended edits, if any, engage in unlimited phone calls regarding crisis communication issues, create talking points, questions, and potential answers on critical incidents, and provide unlimited assistance on working with the news media. Consultant shall provide social media support, evaluation of strengths and weaknesses, assist with the creation of relevant content, provide nonlegal advice on how to respond to comments, and how to effectively utilize the platform. Consultant shall monitor the Police Department’s social media. Consultant shall provide unlimited calls and emails about social media content, including assistance writing content, and recommending content.
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EXHIBIT B

COMPENSATION SCHEDULE
City shall pay Consultant $4,000 per month for fiscal year 2023-2024.

City shall pay Consultant $4,250 per month for fiscal year 2024-2025 and fiscal year 2024-2025.

If City seeks additional work not described in Exhibit A Scope of Services, City shall pay Consultant $350 per hour, pursuant to invoice and payment provisions of Section 2.1.

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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
By:

Title:
2784980.1
451
Resolution No. 23- Page 1 of 1 June 5, 2023

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

Authorizing Execution of an Agreement)
With Cole Pro Media, LLC For Public ) RESOLUTION NO. 23- Communications )
WHEREAS, the City of Pittsburg uses many social media platforms to communicate with the public on a variety of issues and Consultant has extensive experience assisting cities, sheriffs’ offices and police departments with managing their social media content; and
WHEREAS, the Police Department has enlisted the services of Cole Pro Media, LLC for support and assistance with video and written content related to sensitive police department situations and incidents of community concern; and WHEREAS, Cole Pro Media, LLC evaluates the strength and weaknesses of staff’s work and provides non-legal guidance on how to respond to comments.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Agreement with Cole Pro Media, LLC.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
___________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk

452

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 Continuation of the Recruitment Incentive Program
MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The City’s Human Resources Department attracts, hires, and retains the best-qualified and skilled employees who contribute to the sustainability of the City as a quality organization.

Human Resources wishes to maintain a competitive advantage by continuing the Recruitment Incentive Program authorizing the City Manager to utilize specified recruitment tools to attract and retain qualified job candidates for key positions.

FISCAL IMPACT
The fiscal impact will vary by the individual hired based upon the job market conditions for that position. The anticipated costs range from five hundred dollars ($500) to a maximum of twenty percent (20%) of the candidate’s offered annual salary. These costs are absorbed within the hiring departments’ authorized budget; no appropriation is requested since incentives will be used on a case-by-case basis.

RECOMMENDATION
Staff recommends that the City Council adopt a resolution authorizing the continuation of the Recruitment Incentive Program.

BACKGROUND
As part of the hiring process, the City’s Human Resources Department and designated managers extend employment offers in which candidates can be paid at any step within the salary range in accordance with Personnel Rule No. 11, Compensation. No other negotiated benefits apply to regular new hires. In order to expand the City’s scope of negotiating job offers, the Recruitment Incentive Program was proposed to assist hiring departments with filling critical positions. The City’s Recruitment Incentive Program allows the City Manager to approve incentives such as one-time signing bonuses, employee 453
referral bonuses, relocation assistance, and higher/additional vacation and sick leave accruals.

The Recruitment Incentive Program identifies operational procedures to maintain consistency in the execution and checks and balances of the Program, such as City Manager designation of authority to review and approve/deny any incentive, categories of employees eligible for referral incentives, documentation requirements for determining that a vacancy is difficult to fill, payment methods that may be utilized, and service agreement stipulations.

There are financial limitations and payout restrictions on the recruitment incentives. Such limitations and restrictions include the amount of the payout, completion of partial or full probationary period, no payout of vacation/sick leave pre-accruals upon termination, and current federal and state tax regulations and applicable taxes.

The planning and approval process for incentives is a collective collaboration between the hiring department, Human Resources Department, Finance Department, and City Manager.

When a hiring department determines high difficulty in securing qualified candidates for a vacancy, the Human Resources Department creates a Recruitment Incentive Plan that will require approval from the City Manager to authorize one or more recruitment incentives to be offered. The Finance Department verifies that the hiring department has funding for the proposed incentive(s), identifies funds as non-reportable or reportable income, coordinates reimbursement of payment(s), and researches and applies current federal and state tax laws for proper accounting methods. The Human Resources Department ensures compliance of all parties involved in the Recruitment Incentive Plan.

SUBCOMMITTEE FINDINGS
On April 28, 2023, this item was presented to the Government Performance Subcommittee to review the success of the program for continuation.

STAFF ANALYSIS
The current labor market for public sector jobs is still competitive and government employment is below pre-pandemic staffing levels. Currently, 23% of the City's workforce meets the eligibility for CalPERS retirement. The gap between available jobs and the number of qualified applicants is growing. There are four major components that can lead to difficulty in recruiting qualified job candidates. Those components are the labor market conditions, job competencies, critical need, and lack of success of the recruitment. 1) Labor market conditions: location, comparative salaries, and the local economy can play a role in attracting candidates to our job openings.
2) Job competencies: skills, knowledge, abilities, and other special characteristics can make it difficult to recruit for certain positions based on number of qualified candidates in the field. 3) Critical need: positions that are related to public safety or health, and if not filled in ample time, can interrupt services for the public.
4) Recruitment Success (or lack of): the quality of the recruitment can be dictated by acceptance rates and the length of time it takes to fill a position. 454
One or more of these components may support the need of an incentive to increase the quality of the recruitment and selection process. The recruitment incentive program allows the City an opportunity to secure highly qualified employees for positions that the City has determined to be difficult to fill with starting salary and benefits alone.

The City has realized success in recruiting difficult-to-fill positions, such as Police Officers, Planners, Engineers and other critical staff. Since inception of the program in June 2021, the City has offered 15 incentives for new hires.

The City wishes to continue the flexibility to offer incentives with future recruitments and job offers. The City Council is asked to adopt a resolution to authorize the continuation of the Recruitment Incentive Program to attract, hire and retain highly qualified staff.

ATTACHMENTS: Exhibit A - Recruitment Incentive Program
Resolution
Report Prepared By: LaShonda Smith, Senior Human Resources Analyst 455
City Manager’s Office
Administrative Order No: 074
Issued: June 2021
Revised: May 2023

Subject: Recruitment Incentive Program

1. Purpose. The City’s Recruitment Incentive Program provides the City Manager with the recruitment tools necessary to attract highly qualified, performance oriented and motivated candidates for critical vacancies. This policy authorizes the City Manager to approve certain recruitment incentives based on demonstrated organizational need by the hiring department and Human Resources' recommendation. The recruitment incentive options included in this policy are one-time signing bonuses, employee referral bonus, relocation benefits, and vacation and sick leave accruals.

1.1 Staff Analysis and Recommendation
Human Resources has determined that there are four major components that can lead to difficulty in recruiting qualified job candidates. Those components are the labor market conditions, job competencies, critical need, and lack of success of the recruitment.

1.1.1 Labor market conditions: the location, comparative salaries, and the local economy in the area can play a role in attracting candidates to our job openings.

1.1.2 Job competencies: skills, knowledge, abilities, and other special characteristics can make it difficult to recruit for certain positions based on number of qualified candidates in the field.

1.1.3 Critical need: positions that are related to public safety or health affiliated, and if not filled in ample time, can cause major interruption in services for the public.

1.1.4 Recruitment Success (or lack of): the quality of the recruitment can be dictated by acceptance rates and the length of time it takes to fill a position.

1.2 One or more of these components can be used to provide a valid business reason for the need of an incentive to increase the quality of the recruitment and selection process. A recruitment incentive program would allow the City an opportunity to secure highly qualified employees for positions that the City has determined to be difficult to fill with starting salary and benefits alone.

2. Policy. It is the policy of the City to join with the community to make Pittsburg a city of the highest quality by providing responsive, cost effective, and innovative local government services. A highly qualified, performance oriented, and motivated work force which generally reflects the community in terms of economic and cultural

EXHIBIT A
456
City Manager’s Office
Administrative Order No: 074
Issued: June 2021
Revised: May 2023

diversity is critical to this joint enterprise and significantly influences the community's real and perceived level of service satisfaction. The achievement of this objective may, on occasion, require special action to attract and retain highly desirable candidates for permanent positions.

3. Critical Positions. From time to time, the labor market for certain critical positions within the City is extremely tight and the demand for individuals with the requisite skills is very high. Upon recommendation of the appointing authority and concurrence of the Human Resources Department that such conditions exist with respect to a particular recruitment (which in special situations might include hard to fill vacancies), the City Manager may approve one or more of the following recruitment incentives subject to the limitations specified in section 3.7.

3.1.Signing Bonus. A one-time signing bonus equal to a percentage of the offered starting annual salary shall be paid upon satisfactory completion of service as follows: fifty-percent (50%) of the bonus shall be paid upon satisfactory completion of six months of continuous service and the balance paid upon successful completion of at least twelve months of continuous service. In no event, will the second installment of the signing bonus be paid unless or until the required probation period has been satisfactorily completed. This signing bonus shall be in addition and unrelated to any merit pay adjustments.

3.2.Relocation Assistance. Reimbursement for relocation expenses shall be limited to one or any combination of the following: home-finding trips, home search assistance, up to thirty days of temporary living accommodations, en-route expenses, and household goods shipping expenses. Reimbursement for non- qualifying expenses as defined in the Internal Revenue Code will be reported as taxable income. Candidates who have been reimbursed for relocation expenses and who voluntarily terminate their service with the City within the first year of employment shall repay the City for a pro-rata portion of the total reimbursement based on the number of months employed.

3.3.Vacation and Sick Leave Pre-Accruals. A vacation and/or sick leave bank equal to the first year's accrual shall be credited against the first year's accrual, but not in addition to that accrual. No additional leave shall be added to the vacation and/or sick leave accruals until following the first year of employment. In the event of a termination during the first year of employment, the employee will be eligible to receive only that portion of the unused vacation that would otherwise have been accrued as of the date of termination. No portion of the sick leave accrual is payable upon termination.
457
City Manager’s Office
Administrative Order No: 074
Issued: June 2021
Revised: May 2023

3.4.Vacation Leave Accrual Rate. Upon hire, prior years of continuous public sector service shall be considered for vacation leave rate accrual.

3.5.Referral Bonus. A referral bonus in the amount of five hundred dollars ($500) shall be paid to a current City employee who refers an applicant for employment.

The person referred must identify the City employee responsible for the referral on the official City employment application at the time of filing. A name cannot be added to an employment application at a later date. Only one employee per applicants may receive this incentive. If the applicant is selected for employment by the City, the bonus shall be paid to the employee upon successful completion of the referred employee’s probation period. The bonus will only be paid to those employees who are in active status on the date the employee successfully completes probation and only upon certification by the Department Head and Human Resources Department as to the authenticity of the personal referral.

Employees who are involved in the recruitment and/or selection process as part of their assigned duties are not eligible for the referral bonus to safeguard against conflicts of interest.

3.6.Income Tax Considerations. The taxability of any recruitment incentive shall be based on current state and federal tax regulations and applicable taxes shall be borne by the incentive recipient.

3.7.Limitations

3.7.1. Relocation assistance benefits shall be offered within the first year of employment only to those candidates whose move would meet or exceed the Moving Expenses distance test specified in the Internal Revenue Code.

3.7.2. The total cost of the signing bonus and relocation assistance benefits shall not exceed 20% of the offered starting salary.

3.7.3. Neither the signing bonus, referral bonus, nor the taxable portion of any relocation assistance benefit will be treated as reportable income for the purposes of any City provided benefit program including retirement.

3.7.4. The new employee must sign a written service agreement to complete the specified period of employment with the City in order to receive a recruitment incentive. The service agreement must specify the length, commencement, and termination dates of the service period; the amount of the incentive; the method and timing of incentive payments if applicable; the conditions under which an agreement will be terminated by the agency; any obligations on 458
City Manager’s Office
Administrative Order No: 074
Issued: June 2021
Revised: May 2023

behalf of the City or the employee if a service agreement is terminated; and any other terms and conditions.

4. Roles and Responsibilities

4.1.City Manager. Is delegated by the City Council to approve and authorize the use of employment incentives in an effort to attract and retain performance oriented, motivated, quality employees for key positions. The City Manager establishes, administers, and provides policy direction by:

4.1.1. Assigning the Human Resources Department the primary staff responsibility for administering the details of this Recruitment Incentive Program.

4.1.2. Ensuring that all appointing authorities are aware of their responsibilities to use discretion when recommending the use of recruitment incentives and to ensure department funds are available and expendable.

4.2.Department Heads. Department Heads shall be responsible for:

4.2.1. Ensuring department resources are available to fund recruitment incentives cost.

4.2.2. Coordinating with the Human Resources Department in identifying the need for a recruitment incentive, determining which components would be most appropriate in the individual case, and determining how the recruitment incentives will be applied.

4.2.3. Proposing to the City Manager through the Human Resources Department a percentage figure of the position’s first year’s salary to be used for recruitment incentives and the recommended incentive components.

4.3.Human Resources Department. The Human Resources Department is responsible for assuring compliance with the Recruitment Incentive Program. In this role, the Human Resources Department will recommend and/or confirm those positions considered to be key positions and coordinate with the appointing authority in determining the proper amount of recruitment incentives to be offered.

Specifically, the Human Resources Department shall be responsible for:

4.3.1. Coordinating with the hiring department to evaluate a request to use recruitment incentives and provide a recommendation to the City Manager. 459
City Manager’s Office
Administrative Order No: 074
Issued: June 2021
Revised: May 2023

4.3.2. Identifying key positions in which the labor market demand has created a need to use recruitment incentives as a means of attracting and hiring qualified candidates.

4.3.3. Determining how to apply the recruitment incentives to the recruitment of the vacant position.

4.3.4. Coordinating with the hiring department for reimbursement authorization.

4.3.5. Upon City Manager approval, providing the Finance Department with authorization documentation, including receipts and procedures to ensure employees are compensated according to this program.

4.4.Finance Department. The Finance Department will be responsible for identifying funds used for reimbursement as taxable income and for the accounting and distribution of these funds. Specifically, the Finance Department shall be responsible for:

4.4.1. Retaining payment voucher and receipts from employee for reimbursement and coordinating payment.
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Resolution No. 23- Page 1 of 1 June 5, 2023

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

Authorizing the Continuation of the) RESOLUTION NO. 23- Recruitment Incentive Program )

WHEREAS, the City has experienced some difficulty in filling key job positions and proposed a recruitment incentive program to attract and retain quality employees in critical and specialized positions; and
WHEREAS, the pilot program has proved successful over the last two years and staff recommend continuing to provide the City Manager authority to offer recruitment incentives to prospective employees.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the continuation of the Recruitment Incentive Program.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
461

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 Allocating American Rescue Plan Act Funds and General Fund Surplus Funds to the Reviving the Heart of Pittsburg Pride Project
MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The City has been awarded $2,891,962 in California Department of Transportation Clean California Local Grant Program funding for the Reviving the Heart of Pittsburg Pride Project (Project). The Project aims to beautify the Railroad Avenue corridor from Civic Avenue to 8th Street through landscaping, art, park development and more.

FISCAL IMPACT
The total project budget is estimated at $3,305,099. Of this total cost, the Clean California Grant is providing $2,891,962. The grant program requires the City to provide matching funds in the amount of $413,137. On May 9, 2022 the City Council earmarked $388,000 of American Rescue Plan Act (ARPA) funds and $62,000 of Fiscal Year (FY) 2021-22 General Fund Surplus for the Project.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution to allocate $388,000 from ARPA funds and $62,000 from FY 2021-22 General Fund Surplus to the Project, account number 3019. Staff further recommends that $413,137 of these funds replace PPC’s proposed match and to reimburse PPC for any amounts expended out of the $413,137.

BACKGROUND
On February 1, 2022, the City applied for the Clean California Grant to augment the limited budget available for improvements within the City for projects that improve the quality of life and safety of residents. The proposed Project area includes the Railroad Avenue corridor from Civic Avenue to 10th Street and aims to enhance public spaces and reduce the amount of waste and debris around the City. Specific design elements will be developed as the Project progresses.
462
The grant required a match from the City. On June 6, 2022, through City Council Resolution 22-14105 and PPC Resolution 22-433, City Council approved the application for this grant and PPC approved the matching fund.

On September 19, 2022, the City Council adopted Resolution 22-14174, authorizing a consultant agreement with Gates and Associated to design the Project.

SUBCOMMITTEE FINDINGS
The funding for the required grant match was discussed in the PPC Subcommittee on May 24, 2022.The Project was also presented to the Infrastructure and Transportation Subcommittee on October 26, 2022.

STAFF ANALYSIS
The City has a rich and diverse community to which this Project would contribute vibrance and revitalization. The community asked for improvements to Railroad Avenue, more green space, a welcoming gateway, and monuments to identify the community. Outreach for the Project was conducted in January 2022 at 17th Street and Railroad Avenue, October 21, 2022 at Pittsburg High School, and December 10, 2022 during the City’s Holiday Parade.

Based on the community input, staff drafted a concept of community togetherness and pride that included:
• Beautification of the landscape with improvements that will bring color and guidance to Downtown Pittsburg.
• Art installations at the medians on Railroad Avenue that will guide individuals into the downtown area.
• A new park on Railroad Avenue and 17th Street.
• A gateway monument sculpture, spelling 'Pittsburg' in large block letters that demonstrate the pride of generations of Pittsburg residents. • A welcoming gateway arch culminating on 8th Street that will let visitors and residents know they have reached downtown.

The Federal government distributed ARPA funding to aid communities to assist in holistic recovery from the COVID-19 pandemic. Expenditure of ARPA funds for this project will appropriately address negative economic impacts by building neighborhood features that promote health and safety.

ATTACHMENTS: Resolution
Report Prepared By: Zuna Barker Portillo, Environmental Health and Safety Officer 463
Resolution No. 23 Page 1 of 2 June 5, 2023

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

Allocating American Rescue Plan Act )
Funds and General Fund Surplus Funds )
To the Reviving the Heart of Pittsburg ) RESOLUTION NO. 23- Pride Project )
WHEREAS, the California Department of Transportation Clean California Local Grant Program awards funding to public agencies to beautify and improve local streets and roads, tribal lands, parks, pathways, and transit centers to clean and enhance public spaces; and
WHEREAS, the City applied for and has been awarded $2,891,962 through the grant program for design and construction of the Reviving the Heart of Pittsburg Pride Project (Project). The Project aims to beautify the Railroad Avenue corridor from Civic Avenue to 8th Street through landscaping, art, park development and more; and WHEREAS, the grant required match dollars, so on June 6, 2022, City Council adopted Resolution 22-14105, accepting the grant in the amount of $2,891,962 and the Pittsburg Power Company (PPC) adopted Resolution 22-433, allocating matching funds of $413,137 from a combination of its operating budget in Fund 590 and PPC’s Fund Balance; and
WHEREAS, on May 9, 2022 the City Council earmarked $388,000 of American Rescue Plan Act (ARPA) funds and $62,000 of Fiscal Year (FY) 2021-22 General Fund Surplus funds for the Project; and
WHEREAS, the Federal government distributed ARPA funding to aid communities to assist in holistic recovery from the COVID-19 pandemic. Expenditure of ARPA funds for this project will appropriately address negative economic impacts by building neighborhood features that promote health and safety.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby allocates $388,000 from ARPA funds and $62,000 General Fund Surplus funds to the Project, account number 3019 and direct staff to use $413,137 of these funds to replace PPC’s proposed match and to reimburse PPC for any amounts expended out of the $413,137.
464
Resolution No. 23 Page 2 of 2 June 5, 2023 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
465

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 Allocating American Rescue Plan Act Funding Totaling $799,000 for Two Economic Development Projects
MEETING DATE: June 5, 2023

EXECUTIVE SUMMARY
The City Council previously authorized the execution of two separate agreements to: 1) provide Stay Cal Pittsburg LLC with a grant of up to $599,000 to facilitate construction of a Courtyard by Marriott Hotel; and 2) establish and administer a restaurant coaching program, with a cost not-to-exceed $200,000 (herein together referred to collectively as the “Projects”). This item will specify that funds received by the City under the American Rescue Plan Act (ARPA) are to be used to fund the Projects.

FISCAL IMPACT
Staff is requesting the City Council allocate $799,000 of ARPA funds to cover the cost of the Projects and their associated contracts. There is no fiscal impact associated with this action that was not previously considered by the City Council.

RECOMMENDATION
City Council adopt a resolution allocating ARPA funding in an amount not-to-exceed $799,000 for two economic development projects.

BACKGROUND
On October 3, 2022, the City Council adopted Resolution No. 22-14181, authorizing the execution of a Seventh Amendment to the Amended and Restated Purchase and Sale Agreement with Stay Cal Pittsburg LLC, which obligated the City to provide a grant in an amount not-to-exceed $599,000 or 2% of the cost to construct the project, whichever is less. 466
On May 1, 2023, the City Council adopted Resolution No. 23-14294, authorizing the execution of an agreement with the NorCal Small Business Development Center (NorCal SBDC) to establish and administer a restaurant coaching program, with a cost not-to- exceed $200,000.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
As discussed, both of these projects contemplated the use of ARPA funding at the time of approval, though this was not memorialized within the adopted resolutions. As staff is preparing specific agenda items linking the approval of ARPA with the funding of the projects, staff is creating the necessary resolutions. There is no additional fiscal impact associated with this action that was not previously considered by the City Council.

ATTACHMENT: Resolution
Report prepared by: Jordan Davis, Director of Community and Economic Development 467
Resolution No. 23- Page 1 of 1 June 5, 2023

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

Resolution Allocating American Rescue )
Plan Act (ARPA) Funding Totaling ) RESOLUTION NO. 23-
$799,000 for Two Economic )
Development Projects )
WHEREAS, on October 3, 2022, the City Council adopted Resolution No. 22- 14181, authorizing the execution of a Seventh Amendment to the Amended and Restated Purchase and Sale Agreement with Stay Cal Pittsburg LLC, which obligated the City to provide a grant in an amount not-to-exceed $599,000 or 2% of the cost to construct the project, whichever is less; and
WHEREAS, on May 1, 2023, the City Council adopted Resolution No. 23-14294, authorizing the execution of an agreement with the NorCal Small Business Development Center (NorCal SBDC) to establish and administer a restaurant coaching program, with a cost not-to-exceed $200,000; and
WHEREAS, both of these projects contemplated the use of American Rescue Pan Act (ARPA) funding at the time of approval, though this was not memorialized within the adopted resolutions.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby allocates the use of up to $599,000 in ARPA funds to meet its obligation under the Purchase and Sale Agreement with Stay Cal Pittsburg LLC.

BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby allocates the use of up to $200,000 in ARPA funds to the execution of an agreement with NorCal SBDC to establish and administer a restaurant coaching program.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 5th day of June 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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