Pittsburg City Council
August 7, 2023

2022 Fee Audit and Nexus Study Fee Recommended Adjustments The 2022 Fee Audit and Nexus Study determined there is a need to adjust the Mitigation Fees (Development Fee [and the associated Rural Road Fee, and Temporary Impact Fee] and the Wetland Mitigation Fee [and the associated Temporary Impact Fee]) based on the recent updated data.

Development Fee
Excerpted from the 2022 Fee Audit and Nexus Study, Table E.2 provides the recommended adjustments to the Development Fee. The proposed adjustment is a 1.2 percent increase to the current fee schedule.

Wetland Mitigation Fee
Excerpted from the 2022 Fee Audit and Nexus Study, Table E.3 provides the recommended adjustments to the Wetland Mitigation Fee. The Wetland Mitigation Fees for all wetland land cover types and streams are proposed to increase between 0.4 percent and 2.5 percent compared to the current fee schedule.

Determining Fee Amounts
The Conservancy, participating cities (Brentwood, Clayton, Oakley, Pittsburg) and the County (“Co-Permittees”) have the responsibility and authority to adjust the fees in effect for their jurisdictions. The role of the Conservancy is to conduct the periodic fee audits, determine fees to be charged to Participating Special Entities1, and refer the results of the 2022 Fee Audit and Nexus Study to the Co-Permittees.

1 Organizations not subject to the jurisdiction of the Permittees may have projects or ongoing activities within the inventory area that could affect covered species and that may require take authorization. These agencies, known as Participating Special Entities, can request coverage under the HCP/NCCP directly with the Conservancy. 169
Agenda Item 7

Based on information presented in the 2022 Fee Audit and Nexus Study, staff recommends Development Fee and Wetland Mitigation Fee amounts set forth in the 2022 Fee Audit and Nexus Study for future Participating Special Entity agreements and for referral to the cities and County. If the increases are not made to the current fee schedule, revenue will be insufficient to fully fund new development’s fair share of the ECCC HCP/NCCP costs.

Next Steps
Coordinating with the Cities and the County
Should the Governing Board recommend to participating cities and the County that they consider applying increases to the development fee and to the wetland mitigation fee, on the basis of the 2022 Fee Audit and Nexus Study, Conservancy staff will coordinate with the local jurisdictions, as was done for the 2017 Fee Audit and Nexus Study (adopted in 2021).

Annual Fee Adjustments
In addition to the periodic Fee Study, the Conservancy annually adjusts fees based on the Consumer Price Index (CPI) and the Home Price Index (HPI), as detailed in the HCP/NCCP.

Around or before March 15, 2023, these Mitigation Fees will be further adjusted per the CPI and HPI to reflect annual adjustments.

CEQA REVIEW AND ANALYSIS
The proposed actions are exempt from CEQA because they do not constitute a “project” subject to CEQA, pursuant to the state CEQA Guidelines section 15378.

RECOMMENDATION
Staff recommends that the Governing Board direct staff to apply the development fee and wetland mitigation fee increases as recommended in the 2022 Fee Audit and Nexus Study in future agreements between the Conservancy and Participating Special Entities. If authorized by the Governing Board, the Conservancy shall provide 2022 Fee Audit and Nexus Study to the participating cities and the County and recommend that that they consider adopting the 2022 Fee Audit and Nexus Study, and to apply the increases to the development fee and to the wetland mitigation fee as presented in the 2022 Fee Audit and Nexus Study, consistent with requirements in the HCP/NCCP for periodic review of HCP/NCCP mitigation fees.

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Agenda Item 6

mitigation fees that partially fund implementation of the HCP/NCCP. The next periodic fee audit is scheduled for the year 2027.

The periodic fee audit is required to ensure that the fees generated by development and other covered activities are adequately covering their share of HCP/NCCP costs. This 2022 Fee Audit and Nexus Study also includes consideration of long-term funding efforts to fund Preserve System management and monitoring activities following the 30-year permit term of the HCP/NCCP. The 2022 Fee Audit and Nexus Study focuses on revenues and costs from the development fee and wetland fees because the other two types of Mitigation Fees (i.e., the rural road fee and temporary impact fee) are based on and derived from the development fee and wetland fees.

2022 Fee Audit and Nexus Study
Robert D. Spencer of Urban Economics and Sally E. Nielsen of Insight Data and Economic Analysis prepared the 2022 Fee Audit and Nexus Study, including the information necessary to support the nexus findings that the Conservancy, participating cities (Brentwood, Clayton, Oakley, and Pittsburg), and the County may make under the Mitigation Fee Act. The 2022 Fee Audit and Nexus Study is attached to this staff report.

The 2022 Fee Audit and Nexus study compares current actual costs to the cost assumptions used to calculate current mitigation fee amounts. Cost models for the initial urban development area and the maximum development area were updated for the 2022 Fee Audit and Nexus Study, and actual costs through FY2021 and estimated costs through the end of the permit term are analyzed and provided.

Post-Permit Funding
The original HCP/NCCP fee amounts, as well as the updated fees from the March 2013 Fee Audit and Nexus Study, excluded post-permit costs. At the time of drafting the HCP/NCCP, post-permit HCP/NCCP costs were more difficult to estimate than other HCP/NCCP costs because of uncertainty about key aspects of long-term Preserve System management and monitoring, such as the extent to which partners like the East Bay Regional Park District (“Park District”) would be involved in assembling and managing the Preserve System. Consequently, costs beyond year 30 were not included in the development fee calculations in the original HCP/NCCP.

At the request of
the Governing Board, the 2017 Fee Audit and Nexus Study incorporated a post- permit analysis that included consideration of an endowment fund to cover post-permit costs for management and monitoring of the Preserve System lands. The Conservancy established an endowment fund with the Regional Parks Foundation (the “Endowment”) in 2020. This 2022 Fee Audit and Nexus Study also analyzes post-permit funding and considers deposits made to the endowment fund since its establishment, as well as other revenue sources.

The 2022 Fee Audit and Nexus Study provides an overview of revenue needs and growth to fund the endowment at an amount adequate to cover post-permit costs. The report assumes all impacts allowed under the Plan’s permits will occur by the end of the 30-year permit term in 2037. The report also notes that the pace of development has been significantly slower than anticipated and recommends that the Conservancy consider extending the HCP/NCCP permit term as a way to

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Agenda Item 6

allow use of the full amount of take coverage provided under state and federal permits and to generate mitigation fee revenue adequate to fully fund Plan implementation and achieve Plan goals.

The HCP/NCCP requires the Board to conduct a periodic audit to assess whether actual HCP/NCCP implementation costs require adjustment of HCP/NCCP Mitigation Fees. The Mitigation Fee Act also requires local agencies to make a series of findings about on-going fee programs every five years. Staff recommends the Board adopt Resolution 2023-02 (attached), which makes findings on the basis of the 2022 Fee Audit and Nexus Study that would meet HCP/NCCP and Mitigation Fee Act requirements.

Notices
A 30-day written notice was posted on the Conservancy’s website and shared via the email distribution list. This written notice informed the public that on February 27, 2023, the Governing Board would consider a nexus study that supports changes to the HCP/NCCP development fee and wetland mitigation fee, and that a copy of the nexus study and instructions to access and participate in the meeting would be available on the website on or before February 13, 2023. Subsequently, the 2022 Fee Audit and Nexus Study was shared publicly via the Conservancy’s website and via the email distribution list on February 13, 2023, 14 days prior to the February 27, 2023 Governing Board meeting.

CEQA REVIEW AND ANALYSIS
The proposed actions are exempt from CEQA because they do not constitute a “project” subject to CEQA, pursuant to the state CEQA Guidelines section 15378.

ATTACHMENT
• East Contra Costa County HCP/NCCP Mitigation Fee Audit and Nexus Study (February 2023)
• Resolution 2023-02

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City of Pittsburg
Community and Economic Development Department – Planning Division 65 Civic Avenue, Pittsburg, CA 94565 | Tel: (925) 252-4920 | Fax: (925) 252-4814

NOTICE OF PUBLIC HEARING

NOTICE IS HEREBY GIVEN that the PITTSBURG CITY COUNCIL will conduct a public hearing on:

DATE: August 7, 2023
TIME: 7:00 p.m.

PLACE: City Council Chamber at City Hall
65 Civic Avenue, Pittsburg, California

Concerning the following matter:

Adoption of a City Council Resolution Approving an Update to the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Mitigation Fees.

On April 16, 2007, the City Council adopted Resolution 07-10745 approving the East Contra Costa County HCP/NCCP, a regional conservation and mitigation plan for natural resources in East County.

HCP/NCCP chapter 9, “Funding,” outlines estimated costs for implementing the HCP/NCCP and identifies development-based mitigation fees as a source of funding to offset development impacts to natural resources. The development mitigation fee amounts were established by City Council Resolution 07-10898 and have since been adjusted annually according to housing and consumer price indices. The HCP/HCCP requires periodic audits in years three, six, 10, 15, 20 and 25 of implementation to assess whether changes in HCP/NCCP implementation costs require an additional adjustment of the mitigation fees.

PROJECT CONTACT: John Funderburg, (925) 252-4043 or [email protected]

Why am I receiving this notice?
You are receiving this notice because you have either previously requested notifications from the Planning Division.

Where can I get more information about this project?
The complete file for this project is available for public inspection; please contact the project planner listed above to make necessary arrangements.

What can I do if I have comments on the project?
Written comments citing the project name may be emailed to the project planner listed above or may be mailed to: Pittsburg Planning Division, 65 Civic Avenue, Pittsburg, CA 94565. Written comments received by 5:00 P.M. on the date of the meeting will be provided to the City Council. You may also register your comments or objections by attending the virtual public hearing (see advisory on next page for instructions on how to register a phone-in comment). Pursuant to Section 65009 of the California Government Code, if you challenge this matter in court, you may be limited to those issues you or someone else raised at the public hearing described in this notice, or in written correspondence on the matter delivered to this agency at, or prior to the public hearing. Any written correspondence delivered to the Planning Division before the hearing body’s action on the matter will become a part of the administrative record.

______________________________
ALICE E. EVENSON

CITY CLERK

174

Project Title: Adoption of a City Council Resolution Approving an Update to the Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP) Mitigation Fees
Location: City-wide

175

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 Supporting House of Representatives Concurrent Resolution 16 - Efforts to Exonerate the Port Chicago 50
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
On February 17, 2023, Congressman Mark DeSaulnier (CA-10), Barbara Lee (CA-12), and John Garamendi (CA-08) introduced House of Representatives Concurrent Resolution 16 – Recognizing the victims of the Port Chicago explosion of July 17, 1944, the 79th anniversary of the greatest homeland loss of life of World War II, and exonerating the 50 African-American sailors known as the Port Chicago 50, who were unjustly court-martialed by the Navy (H. Con. Res. 16). This resolution is part of the ongoing effort to right the historic injustice of the wrongful conviction.

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
City Council adopt the attached Resolution in support of House Concurrent Resolution 16.

BACKGROUND
On the night of July 17, 1944, two Liberty ships, the SS Quinault Victory and SS E.A. Bryan, were being loaded with explosive incendiary bombs, depth charges, and ammunition. At 10:18pm, two massive explosions at the docks, just seconds apart, lit up the sky.

All 320 of the men on duty that night died instantly, almost two thirds of whom were African American. The Naval Magazine was completely destroyed. The surviving African-American sailors were made to cleanup the grisly scene, their white counterparts were granted a 30- day survivor's leave to return home, heal from their wounds, and visit family and loved ones.

The African-American sailors were never granted such a leave. 176
Days after the gruesome cleanup, and with the war raging on and troops still needing ammunitions overseas, the sailors were sent to Mare Island Naval Shipyard in Vallejo.

There they learned they would soon be again tasked with loading explosives onto ships.

The Navy's investigation into the cause of the disaster was not yet complete, so sailors and commanding officers did not know what precautions to take in order to prevent another disaster. The sailors would be serving under the same leadership responsible for previous safety violations and there would be no changes to procedures, conditions, or safety practices.

On August 9, 1944, when 328 sailors were directed to march toward the ships to load ammunitions, the sailors all stopped in their tracks. When asked if they would resume handling explosives, the majority of them resisted. Some sailors were too traumatized from the events to continue working with explosives. Others wanted to be assigned to different duties. Still others were tormented by the fact that white sailors were granted leave while African-American sailors were not only denied leave but made to clean up body parts after the explosions. They all wanted their lives to be valued the same as the white sailors who were being safeguarded from the dangers of loading munitions.

Rather than train the sailors, bring working conditions up to a safer environment, or reassign white sailors to loading duties, the Naval officers packed 258 of the African-American sailors onto a prison barge and threatened them with death-by-firing-squad if they did not return to loading munitions. After three days on the overcrowded barge, 208 of the sailors reluctantly returned to loading.

In an act of non-violent civil disobedience, fifty (50) of the sailors, now known as the Port Chicago 50, stood firm and refused to continue loading ammunitions until the Navy changed their policies and practices. Although the standard charge for disobeying an order is insubordination, which carried a punishment of forfeiture of pay and dishonorable discharge, Port Chicago leadership pushed for a more severe charge. The men were pronounced guilty of conspiracy to commit mutiny and were indiscriminately sentenced to 15 years of prison and hard labor.

In the months following the verdict, the National Association for the Advancement of Colored People (NAACP) publicly advocated for the Port Chicago 50 to be released from prison. In April 1945, on behalf of the 50 sailors, Thurgood Marshall appealed the case directly to the Navy's Judge Advocate General's Office in Washington DC. Although the Navy refused to publicly concede that racial discrimination and bias influenced its judgment of the sailors, just 205 days after Marshall's appeal case was denied, the sailors' sentences were commuted or reduced and they were quietly released from prison. Rather than allow the sailors to go home and join their families, the young men were given the "opportunity to complete their enlistments" serving the Navy overseas performing tasks like sweeping, picking up trash, and other menial tasks.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
The City previously adopted two resolutions to support the efforts to exonerate the Port Chicago 50. In the early 1990s, Congressman Miller, along with Congressmen Dellums and Stark, other members of Congress sought a review of the conviction charged against the sailors. In 1992, Congress enacted Congressman Miller’s legislation creating the Port Chicago National Memorial at the site. On September 7, 1999 through Resolution 99-9016, the City signed on to memorialize Congress and the President of the United States act to vindicate the sailors unjustly convicted of mutiny and their effort to rectify any mistreatment.

On June 6, 2016 through Resolution 16-13194, the City once again, signed on to California Senate Resolution 69 – Relative to the Port Chicago Disaster which was introduced by Senators Glazer, Hall, Huff, and Mitchell. This resolution also urged the President and Congress to exonerate, clear of the records, restore honor, and rectify federal military mistreatment of the sailors.

H. Con. Res. 16 recognizes the service and sacrifice of those who served and perished due to the explosion at Port Chicago. H. Con. Res. 16 also exonerates the Port Chicago 50 sailors convicted of the charge of mutiny against the United States and all other charges brought against them. It upgrades the general and summary discharges of the Port Chicago sailors to honorable discharges.

The City Council of the City of Pittsburg supports H. Con. Res. 16 and the effort to restore honor to and rectify the mistreatment by the United States Military of any sailors who were unjustly blamed for and convicted of mutiny after the Port Chicago disaster.

ATTACHMENTS: Resolution
Text of H. Con. Res. 16
Report Prepared By: Melaine Venenciano, Director of Records and Council Services 178
Resolution No. 23- Page 1 of 3 August 7, 2023

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

Supporting House of Representatives )
Concurrent Resolution 16 – Efforts to ) RESOLUTION NO. 23- Exonerate the Port Chicago 50 )
WHEREAS, recognizing the victims of the Port Chicago explosion of July 17, 1944, the 79th anniversary of the greatest homeland loss of life of World War II, and exonerating the 50 African-American sailors unjustly court-martialed by the Navy; and WHEREAS, the Port Chicago Naval Magazine in Contra Costa County, California, was a vital supply facility for the Navy during World War II, shipping ordinance for use in the Pacific Theater; and
WHEREAS, under the rules governing the Navy at the time, the Port Chicago Naval Magazine was operated as a segregated facility in which undertrained and poorly equipped African-American sailors, under the supervision of white officers, exclusively conducted the hazardous task of loading ammunitions aboard ships; and WHEREAS, there had been numerous complaints and warnings about the unsafe nature of the loading operations, including the conduct of contests by white officers to achieve the most rapid loading of ships despite the inherent dangers involved with such actions; and
WHEREAS, on the night of July 17, 1944, the Port Chicago Naval Magazine and much of the town of Port Chicago were destroyed by a cataclysmic explosion that killed 320 men, 202 of whom were African-American enlisted men; and WHEREAS, these losses on a single night represented one-fifth of all African- American naval casualties during World War II; and
WHEREAS, following the catastrophe, none of the African-American survivors were provided survivor leave or other recuperative services provided to the white personnel, including the officers; and
WHEREAS, African-American survivors of the explosion were ordered back to the Port Chicago site to conduct cleanup operations; and
WHEREAS, on August 9, 1944, with no cause determined for the explosion and no additional training having been provided to the African-American loaders, 328 men from the three divisions were ordered to the loading pier at the nearby Mare Island, which served as the Port Chicago replacement facility; and
WHEREAS, many of the men expressed concern about the inadequacy of safety procedures and training, leading to 258 being arrested and confined for three days on a large barge tiered to the pier; and
179
Resolution No. 23- Page 2 of 3 August 7, 2023 WHEREAS, the confined sailors were threatened with prosecution and potential execution, leading 208 to return to work; and
WHEREAS, the 50 who refused to return to loading operations were subjected to the largest mass mutiny trial in naval history, which resulted, on October 24, 1944, in a conviction on the charge of mutiny and a sentence of up to 15 years imprisonment and dishonorable discharge from the Navy; and
WHEREAS, after appeals and widespread protests in January 1946, which included the participation of future Supreme Court Justice Thurgood Marshall and former First Lady Eleanor Roosevelt, the Port Chicago 50 were released from prison but their convictions remained on their records; and
WHEREAS, in a 1944 investigation, the United States Navy stated that “there is no doubt that racial prejudice was responsible for the posting of only African-American enlisted personnel to loading the divisions at Port Chicago”; and WHEREAS, the unfairness of the Port Chicago mutiny prosecution would ultimately serve as one of the catalysts for the 1948 Executive Order requiring desegregation of the Armed Services; and
WHEREAS, the Committee of Natural Resources of the House of Representatives conducted hearings on the Port Chicago case in 1993 and in 1994, Congress, on a bipartisan basis, passed legislation creating the Port Chicago National Memorial as a feature of the National Park Service, including plaques commemorating those who lost their lives at the site in 1944; and
WHEREAS, in 1999, a pardon was granted to one of the few surviving members of the Port Chicago 50, Freddie Meeks, by President William Clinton following a thorough review of the case; and
WHEREAS, since 1999, substantial legal, academic, and journalistic inquiry has documented the inherent racial motivation behind the operations at Port Chicago and the prosecution of the Port Chicago 50; and
WHEREAS, in 2000, Congress approved S. J. Res. 26 to post-humously exonerate Captain Charles, B. McVay III, captain of the USS Indianapolis, for his wrongful court- martialed, and President William Clinton signed that resolution on October 20, 2000; and WHEREAS, the language of that resolution was enacted as section 545 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398), including language that Captain McVay’s military record “should now reflect that he is exonerated for the loss of the USS Indianapolis and so many of her crew”; and WHEREAS, on December 16, 2015, the Secretary of the Navy, the Honorable Ray Mabus, wrote to the President “strongly support[ing] executive action in favor of the 49 remaining sailors with general court-martialed convictions or the 207 with summary court- martialed convictions… in light of the well documented challenges associated with uniformed service by African-Americans during that era”; and 180
Resolution No. 23- Page 3 of 3 August 7, 2023 WHEREAS, on July 17, 2023, the Nation marked the 79th anniversary of the Port Chicago disaster, and the unjust racial motivated convictions remain on the records of the Port Chicago 50.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg supports House of Representatives Concurrent Resolution 16 which recognizes the service and sacrifice of those who served and perished and also exonerates the Port Chicago 50 who were convicted of the charge of mutiny and upgrades the general and summary discharges of the Port Chicago 50 to honorable discharges.

PASSED AND ADOPTED by the City Council of the City of Pittsburg, at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
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IV
118TH CONGRESS
1ST SESSION H. CON. RES. 16
Recognizing the victims of the Port Chicago explosion of July 17, 1944, the 79th anniversary of the greatest homeland loss of life of World War II, and exonerating the 50 African-American sailors unjustly court- martialed by the Navy.

IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mr. D ESAULNIER (for himself, Ms. L EE of California, and Mr. G ARAMENDI) submitted the following concurrent resolution; which was referred to the Committee on Armed Services

CONCURRENT RESOLUTION
Recognizing the victims of the Port Chicago explosion of July 17, 1944, the 79th anniversary of the greatest
homeland loss of life of World War II, and exonerating
the 50 African-American sailors unjustly court-martialed by the Navy.

Whereas the Port Chicago Naval Magazine in Contra Costa County, California, was a vital supply facility for the Navy during World War II, shipping ordinance for use in the Pacific Theater;
Whereas, under the rules governing the Navy at the time, the Port Chicago Naval Magazine was operated as a seg-
regated facility in which undertrained and poorly
equipped African-American sailors, under the supervision VerDate Sep 11 2014 00:07 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\HC16.IH HC16pbinns on DSKJLVW7X2PROD with $$_JOB 182 2 •HCON 16 IH
of White officers, exclusively conducted the hazardous
task of loading munitions aboard ships;
Whereas there had been numerous complaints and warnings about the unsafe nature of the loading operations, includ- ing the conduct of contests by White officers to achieve the most rapid loading of ships despite the inherent dan- gers involved in such actions;
Whereas, on the night of July 17, 1944, the Port Chicago Naval Magazine and much of the town of Port Chicago
were destroyed by a cataclysmic explosion that killed 320 men, 202 of whom were African-American enlisted men;
Whereas these losses on a single night represented one-fifth of all African-American naval casualties during World
War II;
Whereas, following the catastrophe, none of the African- American survivors was provided survivor leave or other recuperative services provided to the White personnel, in- cluding the officers;
Whereas African-American survivors of the explosion were or- dered back to the Port Chicago site to conduct cleanup
operations;
Whereas, on August 9, 1944, with no cause having been de- termined for the explosion and no additional training
having been provided to the African-American loaders,
328 men from three divisions were ordered to the loading pier at the nearby Mare Island, which served as the Port Chicago replacement facility;
Whereas many of the men expressed concern about the inad- equacy of safety procedures and training, leading to 258 being arrested and confined for three days on a large
barge tiered to the pier;
VerDate Sep 11 2014 00:07 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6300 E:\BILLS\HC16.IH HC16pbinns on DSKJLVW7X2PROD with $$_JOB 183 3 •HCON 16 IH
Whereas the confined sailors were threatened with prosecu- tion and potential execution, leading 208 to return to
work;
Whereas the 50 who refused to return to loading operations were subjected to the largest mass mutiny trial in naval history, which resulted, on October 24, 1944, in a convic- tion on the charge of mutiny and a sentence of up to 15 years imprisonment and dishonorable discharge from the
Navy;
Whereas, after appeals and widespread protests in January 1946, which included the participation of future Supreme Court Justice Thurgood Marshall and former First Lady
Eleanor Roosevelt, the Port Chicago men were released
from prison but their convictions remained on their
records;
Whereas, in a 1994 investigation, the United States Navy stated that ‘‘there is no doubt that racial prejudice was responsible for the posting of only African-American en- listed personnel to loading divisions at Port Chicago’’; Whereas the unfairness of the Port Chicago mutiny prosecu- tion would ultimately serve as one of the catalysts for the 1948 Executive order requiring desegregation of the
Armed Services;
Whereas the Committee on Natural Resources of the House of Representatives conducted hearings on the Port Chi-
cago case in 1993 and, in 1994, Congress, on a bipar-
tisan basis, passed legislation creating the Port Chicago National Memorial as a feature of the National Park
Service, including plaques commemorating those who lost their lives at the site in 1944;
VerDate Sep 11 2014 00:07 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6300 E:\BILLS\HC16.IH HC16pbinns on DSKJLVW7X2PROD with $$_JOB 184 4 •HCON 16 IH
Whereas, in 1999, a pardon was granted to one of the few surviving members of the Port Chicago 50, Freddie
Meeks, by President William Clinton following a thorough review of the case;
Whereas, since 1999, substantial legal, academic, and jour- nalistic inquiry has documented the inherent racial moti- vation behind the operations at Port Chicago and the
prosecution of the Port Chicago 50;
Whereas, on December 16, 2015, the Secretary of the Navy, the Honorable Ray Mabus, wrote to the President
‘‘strongly support[ing] executive action in favor of the 49 remaining Sailors with general court-martial convictions or the 207 with summary court-martial convictions . . . in light of the well documented challenges associated with uniformed service by African Americans during that
era.’’;
Whereas, in 2000, Congress approved S.J. Res. 26 to post- humously exonerate Captain Charles B. McVay III, cap-
tain of the USS Indianapolis, for his wrongful court mar- tial, and President William Clinton signed that resolution on October 30, 2000;
Whereas the language of that resolution was enacted as sec- tion 545 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (Public Law 106–
398), including language that Captain McVay’s military
record ‘‘should now reflect that he is exonerated for the loss of the USS Indianapolis and so many of her crew’’; and
Whereas, on July 17, 2023, the Nation will mark the 79th anniversary of the Port Chicago disaster, and the unjust VerDate Sep 11 2014 00:07 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6300 E:\BILLS\HC16.IH HC16pbinns on DSKJLVW7X2PROD with $$_JOB 185 5 •HCON 16 IH
and racially motivated convictions remain on the records of the Port Chicago 50: Now, therefore, be it
Resolved by the House of Representatives (the Senate 1
concurring), That Congress— 2
(1) recognizes the service and sacrifice of those 3
who served and perished at Port Chicago during 4
World War II; 5
(2) hereby and forever exonerates the Port Chi-6
cago sailors of the charge of mutiny against the 7
United States and any and all other charges brought 8
against them in the aftermath of the July 17, 1944, 9
explosion; 10
(3) upgrades the general and summary dis-11
charges issued to each of the Port Chicago sailors to 12 honorable discharges; and 13
(4) directs the Secretary of the Navy to place 14
a letter attesting to these actions in the file of each 15 of the Port Chicago sailors and to notify any sur-16
viving family members of these actions. 17
Æ
VerDate Sep 11 2014 00:07 Feb 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\HC16.IH HC16pbinns on DSKJLVW7X2PROD with $$_JOB 186

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of City Council Resolution Authorizing the Purchase of Deferred Replacement Vehicles and Equipment from FY 2022/23 and Budgeted for FY 2023/24
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The City maintains a fleet of vehicles and equipment necessary for operations and for maintenance of the city’s infrastructure. Due to the COVID-19 pandemic, supply chain shortages, and short purchasing windows, the majority of vehicle and equipment purchases have been postponed since 2020. If approved, the resolution authorizes the procurement of 48 deferred vehicles and equipment not to exceed $3,211,400 and vehicles and equipment budgeted for Fiscal Year (FY) 2023/24 not to exceed $945,700 for a combined total not to exceed amount of $4,157,100.

FISCAL IMPACT
Funds sufficient to finance these purchases up to $3,211,400 were previously approved by the City Council for FY 2022/23 and rolled over to the current fiscal year. The funding sources include Fleet Maintenance ($2,171,000 from 611-43201-3005), Water Operations ($287,750 from 501-44101-3004 and $53,000 from 501-44111-3004), Police Administration ($124,400 from 110-42101-3004), and Sewer Maintenance Budgets ($48,000 from 521- 45101-3005 and $527,250 from 521-45254-3004).

Funds sufficient to finance purchases up to $945,700 for FY 2023/24 are available in the Police Administration ($543,000 from 110-42101-3004), Citywide Landscape ($110,500 from 205-43015-3004), Public Works Streets ($97,000 from 110-43002-3005), and Fleet Maintenance Budgets ($195,200 from 611-43201-3005). No additional funds are requested.

RECOMMENDATION
City Council adopt the attached resolution authorizing the City Manager to purchase 48 deferred budgeted vehicles and equipment as well as 18 newly budgeted vehicles and equipment for an amount not to exceed $4,157,100.
187

BACKGROUND
The Public Works Department Fleet Maintenance Division is responsible for the maintenance of a vehicle fleet of more than 200 cars, trucks, heavy equipment and other equipment. The fleet includes police patrol cars, sedans, motorcycles, heavy-duty trucks and construction equipment, as well as light- and medium-duty trucks, vans, sport utility vehicles, and other equipment such as compressors and mowers. The entire fleet has a replacement value of approximately $7 million dollars.

Over the past several years, many industries have encountered increased costs, global supply chain disruptions, and long delays. Additionally, prices in many industries are currently fluctuating on a weekly basis. This has created significant challenges particularly with vehicle purchasing. The supply chain continues to affect the procurement of equipment, materials and costs. In particular, the purchasing process for the major suppliers of vehicles (i.e., Ford) is now on a tight purchasing window of a few weeks or even days. Complete bids for vehicles are not available until just a few weeks or a few days before the purchasing window closes. There is no end in sight for these issues according to dealers and national fleet groups. Current purchasing procedures and processes, supply chain issues, and market volatility have made acquiring vehicles nearly impossible. Staff has deferred many vehicles and equipment purchases for over 3 years, creating a large backlog, and an increasing need for new vehicles and equipment.

Staff identified specific vehicles designated for purchase during FY 2020/21, FY 2021/22, FY 2022/23 and FY 2023/24 based on highest priority for city operations, immediate need, and length of time required for delivery. If approved, the vehicles purchased will replace those in lesser condition in the city’s various departments. Due to supply chain issues, purchasing windows, and the volatile market, staff recommends authorizing the purchase of deferred and FY 2023/24 budgeted vehicles and equipment in an amount up to $4,157,100 in order to secure procurement.

These vehicles will be purchased using various methods for procurement and in compliance with the Purchasing Policy. Where applicable, staff will solicit competitive quotes or use a co-operative purchasing contract, such as Sourcewell. Delivery of the vehicles is anticipated approximately twelve months after authorization of purchase but may take longer due to shipping delays caused by supply chain shortages. Once the replacement vehicles are placed in service, the existing vehicles will either be removed from service and sent to auction for disposal or moved to another division if still suitable for a different use.

SUBCOMMITTEE FINDINGS
This item was presented to the Finance Subcommittee on June 16, 2023.

STAFF ANALYSIS
Staff recommends the City Council approve the attached resolution authorizing the procurement of these vehicles up to $4,157,100. Pre-approval is necessary now due to the supply shortages, and short ordering windows. Prolonging the purchase of these vehicles/equipment further will lead to an insufficient number of vehicles/equipment available for essential, daily tasks which keep the City operational. 188
Sufficient funds to procure deferred vehicles and equipment up to $3,211,400 have been rolled over to FY 2023/24 from previous years and are available in the Fleet Operations, Water Operations, and Sewer Operations Budgets previously approved by the City Council and $945,700 for vehicles and equipment budgeted for FY 2023/24. All purchases will not exceed these amounts without submitting a request for City Council consideration if necessary.

A list of 48 deferred vehicles/equipment and a separate list of 18 vehicles/equipment budgeted for FY 2023/24 have been provided. As purchases are made, staff will record which vehicles have been purchased from these lists up to the respective not to exceed amount.

ATTACHMENTS: Resolution
List of Deferred Replacement Vehicles/Equipment
List of FY 2023/2024 Budgeted Vehicles/Equipment
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst II 189
Resolution No. 23- Page 1 of 2 August 7, 2023

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

Authorizing the Purchase of Deferred ) RESOLUTION NO. 23- Replacement Vehicles and Equipment )
from FY 2022/23 and Budgeted for )
FY 2023/24 )
WHEREAS, the City’s Public Works Department is responsible for the care and maintenance of the City’s fleet of vehicles and equipment; and WHEREAS, over time, vehicles and equipment become old or worn and are no longer able to provide optimum service to the City or are too costly to maintain; and WHEREAS, these vehicles and equipment must routinely be replaced to provide City staff with adequate equipment to provide the most efficient and cost-effective services to the public; and
WHEREAS, supply chain issues, competition from other buyers, shortened sales times, and market volatility have made it a challenge to acquire vehicles; and, WHEREAS, Staff has deferred many vehicles and equipment purchases for over 3 years, creating a large backlog, and an increasing need for new vehicles and equipment; and
WHEREAS, staff recommends authorizing the purchase of backlogged and FY 2023/24 budgeted vehicles and equipment in an amount up to $4,157,100 in order to secure procurement; and
WHEREAS, vehicles will be purchased using various methods for procurement and in compliance with the Purchasing Policy; and,
WHEREAS, funds sufficient to finance this purchase up to $3,211,400 are available in the Fleet Operations, Water Operations, and Sewer Operations Budgets previously approved by the City Council for FY 2022/23 and $945,700 for FY 2023/2024, a combined total not to exceed $4,157,100; and
WHEREAS, additional funds necessary to complete the purchase of all vehicles and equipment after pricing is released and funds are expended will be requested if needed.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby approves and authorizes the City Manager to purchase 48 previously deferred budgeted vehicles and equipment and 18 newly budgeted vehicles, as set forth in the attached lists, for an amount not to exceed $4,157,100. 190
Resolution No. 23- Page 2 of 2 August 7, 2023 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
191
FY 2023/2024 Budgeted Fleet Purchase Requests
FLEET REQUESTS FY 2023/2024
DEPT. OPERATION UNIT# YEAR MAKE MODEL
EST

PURCHASE

PRICE MAKE MODEL JUSTIFICATION
DEPT. OPERATION UNIT# YEAR MAKE MODEL Purchase
Price MAKE MODEL MODEL
PPD INVESTIGATIONS 151 2010 FORD TAURUS 37,500$ TOYOTA CAMRY LE HYRBID REPLACING AGING INV VEHICLES 2010 WITH A FUEL EFFICIENT MODEL - on rollover list PPD INVESTIGATIONS 161 2008 FORD TAURUS 37,500$ TOYOTA CAMRY LE HYRBID REPLACING AGING INV VEHICLES 2010 WITH A FUEL EFFICIENT MODEL PPD INVESTIGATIONS 164 2008 FORD TAURUS 37,500$ TOYOTA CAMRY LE HYRBID REPLACING AGING INV VEHICLES 2010 WITH A FUEL EFFICIENT MODEL PPD INVESTIGATIONS 169 2008 FORD TAURUS 37,500$ TOYOTA CAMRY LE HYRBID REPLACING AGING INV VEHICLES 2010 WITH A FUEL EFFICIENT MODEL PPD PATROL 104 2016 FORD INTERCEPTOR UTI 81,000$ FORD EXPLORER HYBRID HIGH MILEAGE PATROL ANTICIPATED DELIVERY LATE 2024/EARLY 2025 PPD PATROL 113 2018 FORD INTERCEPTOR UTI 81,000$ FORD EXPLORER HYBRID HIGH MILEAGE PATROL ANTICIPATED DELIVERY LATE 2024/EARLY 2025 PPD PATROL 118 2016 FORD INTERCEPTOR UTI 81,000$ FORD EXPLORER HYBRID HIGH MILEAGE PATROL ANTICIPATED DELIVERY LATE 2024/EARLY 2025 PPD PATROL NEW 70,000$ FORD F150 FIRST RESPONDER HYBRID EXPANDING PATROL FLEET TO MEET INCREASED COMMUNITY NEEDS AND MISSION OF PPD PPD PATROL NEW 80,000$ FORD EXPLORER HYBRID EXPANDING PATROL FLEET TO MEET INCREASED COMMUNITY NEEDS AND MISSION OF PPD PW STREETS 2014 DENCO PLOTTER/CUTTER 75,000$ GRAPHTEC PRINTER/PLOTTER EXISTING EQUIPMENT AND SOFTWARE FOR TRAFFIC SIGN SHOP NEAR OBSELETE. PARTS

DIFFICULT TO OBTAIN SHUTTING DOWN SIGN PRODUCTION
PW STREETS 2015 STRIPER TRAFFIC PAINT STRIPER
MACHINE 22,000$ STRIPER LINE LAZY EASY RISER
CURRENT STREET STRIPERS PARTS BECOMING OBSELETE. CURRENTLY MORE IN REPAIRS THAN

ON OPERATIONAL PRODUCTION
PW LANDSCAPE 2001 VERMEER STUMP CUTTER 110,500$ VERMEER STUMP CUTTER SC802 CURRENT CUTTER/GRINDER CONSTANT BREAKDOWN AND PARTS SCARCITY PW FLEET NEW 38,000$ FORWARD 12000 CAP 2POST LIFT CURRENT MODEL OVER 30+ YEARS OLD. VEHICLE CAPACITY FROM 12K TO 20K WEIGHT PW FLEET NEW 6,500$ MODULAR FABRICATION/WELDING TABLE INCREASE FABRICATION ABILITIES FOR REPAIRS AND SPECIAL TASKS PW FLEET NEW 79,000$ ROTARY FLEXMAX COLUMN LIFT NO CURRENT CAPABILITY TO LIFT SEWER,SWEEPER, TREE TRUCK, DUMP TRUCK, ETC PW FLEET NEW 6,700$ HEAVY DUTY PARTS WASHER NO CURRENT PARTS WASHER AND STAFF IS MANUALLY CLEANING PARTS PW FLEET 2001 TIRE BALANCER 26,000$ HUNTER RFE12 TIRE BALANCER WORN, OUTDATED 20+ OLD MODEL LIMITED PERFORMANCE AND CAPABILITIES PW FLEET 2001 JOHN BEAN EHP SYSTEM 39,000$ HUNTER TCA34R TIRE CHANGER WORN, OUTDATED 20+ OLD MODEL LIMITED PERFORMANCE AND CAPABILITIES TOTAL 945,700$
192
Budgeted Not Yet Purchased
Budgeted / Not Purchased Vehicles 2021-2023
DEPT. OPERATION UNIT# YEAR MAKE MODEL MILEAGE PROPOSED REPLACEMENT NOTES DEPT. OPERATION UNIT# YEAR MAKE MODEL MILEAGE REPLACEMENT Purchase
Priority

B-VEHICLE

ADDITIONS
TOTAL
PPD INVESTIGATIONS 151 2010 FORD TAURUS 158,277.0 TBD 55,300.00$ 6,900.00$ $ 62,200.00 NOT ORDERED Exceeds service life of PD vehicles, high mileage, high use, limited parts availability PPD INVESTIGATIONS 154 2012 FORD TAURUS 124,353.0 TBD 55,300.00$ 6,900.00$ $ 62,200.00 NOT ORDERED Exceeds service life of PD vehicles, exceeding mileage, limited parts availability BLD/ENG BUILDINGS 302 2005 FORD F150 144,050.0 FORD F150 PICK UP 45,000.00$ 2,000.00$ $ 47,000.00 Replaced by 320 - remained in service for staffing needs - High mileage, 18 years old, end of service life.

Passed through several depts.

BLD/ENG ENGINEERING 321 2006 FORD RANGER 119,524.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes BLD/ENG ENGINEERING 322 2005 FORD RANGER 29,930.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes BLD/ENG ENGINEERING 323 2006 FORD RANGER 43,977.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes BLD/ENG ENGINEERING 324 2004 FORD RANGER 93,515.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes BLD/ENG ENGINEERING 325 2002 FORD RANGER 69,070.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes BLD/ENG ENGINEERING 331 2004 FORD RANGER 27,806.0 FORD MAVERICK HYBRID 37,500.00$ 3,000.00$ $ 40,500.00 NOT ORDERED..UNAVAILABLE. Seeking Lease Quotes PW ADMIN STREET MAINTENANCE CJ 500 2010 FORD F150 124,656.0 FORD F150 PICKUP 45,000.00$ 3,000.00$ $ 48,000.00 High mileage, maintenance costs approaching value PW ADMIN SEWER MAINTENANCE RC 501 2009 FORD F150 107,401.0 FORD F150 PICKUP 45,000.00$ 3,000.00$ $ 48,000.00 NOT ORDERED..UNAVAILABLE Maintenance costs exceed vehicle value, higher mileage REC RECREATION 504 2004 FORD TAURUS 54,373.0 FORD ESCAPE HYBRID 44,000.00$ -$ $ 44,000.00 NOT ORDERED..UNAVAILABLE PW LANDSCAPE 505 2006 FORD F250 123,250 FORD F250 SERVICE BODY 7 72,000.00$ 2,000.00$ $ 74,000.00 17 years old. Retired 01/2022 Engine Failure. Replacement costs exceed value. NOT YET REPLACED Department down a vehicle.

PW METERS 513 2006 FORD F150 121,862.0 FORD F150 PICKUP 45,000.00$ 3,000.00$ $ 48,000.00 16 years old. Maintenance costs exceed vehicle value. Highly visible wear & tear. Limited parts availability NOTE:

This vehicle was passed to Meters from Buildings - 542 Out of service due to trans failure PW LANDSCAPE 514 2006 FORD F450 DUMP 46,299.0 FORD F450 DUMP BODY 24 90,000.00$ 3,000.00$ $ 93,000.00 17 years old. Dump truck. Heavy construction use - deteriorated vehicle. Visible damage to dump body. Limited parts availability
PW STREET MAINTENANCE 516 2011 FORD F350 154,469.0 FORD F350 DUMP BODY 13 90,000.00$ 3,000.00$ $ 93,000.00 12 years old. Heavy use and high mileage - deteriorated vehicle. Maintenance costs exceed vehicle value. Limited parts availability
PW WATER MAINTENANCE 518 2009 FORD F250 150,770.0 FORD F250 SERVICE BODY 18 72,000.00$ 3,000.00$ $ 75,000.00 14 years old. Sewer Maintenance truck transferred to Water Dept. Maintenance costs exceed vehicle value. High mileage
PW WATER MAINTENANCE 524 2006 FORD F250 144,898 FORD F250 SERVICE BODY 10 72,000.00$ 3,000.00$ $ 75,000.00 17 years old. Maintenance costs exceed vehicle value. High mileage, heavy use vehicle. Limited parts availability
PW SEWER MAINTENANCE 525 2002 FORD F350 62,449.0 FORD F450 SERVICE BODY 3 108,000.00$ 2,000.00$ $ 110,000.00 21 years old. Transfer from Streets Department to Sewer Department. Old paint vehicle converted to Sewer Repair vehicle. Parts availability. Beyond useful life PW BUILDINGS MAINTENANCE 532 2006 FORD F250 81,233.0 FORD F250 SERVICE BODY 19 72,000.00$ 3,000.00$ $ 75,000.00 17 years old. Maintenance costs exceed vehicle value. Limited parts availability PW WATER MAINTENANCE 538 2008 FORD F750 61,398.0 FORD F750 DUMP 1 150,000.00$ 1,000.00$ $ 151,000.00 15 years old. Dump truck. Beyond useful life. Outdated emissions systems. Limited parts availability PW LANDSCAPE 539 2006 FORD F250 85,022.0 FORD F250 SERVICE BODY 15 72,000.00$ 3,000.00$ $ 75,000.00 17 years old. Maintenance costs exceed vehicle value. Highly visible wear & tear. Limited parts availability PW LANDSCAPE 540 2006 FORD F250 66,790.0 FORD F250 PICKUP 16 55,000.00$ 3,000.00$ $ 58,000.00 17 years old. Transferred from Island Energy to Landscape. Maintenance costs exceed vehicle value. Limited parts availability
PW LANDSCAPE 541 2006 FORD F350 59,360.0 FORD F250 DUMP BODY 11 79,000.00$ 3,000.00$ $ 82,000.00 17 years old. High maintenance costs. Limited parts availability. Emission related issues - limited motor part availability
PW BACKFLOW MAINTENANCE 542 2005 FORD F150 193,075.0 FORD F250 SERVICE BODY 5 72,000.00$ 2,000.00$ $ 74,000.00 18 years old. High mileage. Maintenance costs exceed value. End of useful life. Engine mechanical issues - engine burns oil. Transmission failure. Out of service PW LANDSCAPE 545 2004 FORD F150 85,922.0 FORD F250 PICKUP 17 55,000.00$ 3,000.00$ $ 58,000.00 19 years old. Maintenance costs exceed vehicle value. End of useful life. Limited parts availability. Visible wear and tear (excessive).

PW LANDSCAPE 556 2006 FORD F250 84,416.0 FORD F250 SERVICE BODY 12 72,000.00$ 3,000.00$ $ 75,000.00 17 years old. Maintenance costs exceed vehicle value. End of useful life limited parts availability.

PW WATER MAINTENANCE 565 2005 FORD F450 57,516 FORD F450 SERVICE BODY 23 105,000.00$ 3,000.00$ $ 108,000.00 18 years old. Transferred from Water to Landscape Dept. Highly visible wear & tear. Limited parts availability.

Water repair truck and standby truck with heavy use.

PW WATER MAINTENANCE 569 2011 FORD F450 41,412.0 FORD F450 SERVICE BODY 25 105,000.00$ 3,000.00$ $ 108,000.00 12 years old. Heavily used vehicle. Water Repair and emergency standby truck - double shifts. Visible wear & tear
PW WATER MAINTENANCE 572 2004 FORD F250 150,770.0 FORD F250 SERVICE BODY 6 72,000.00$ 2,000.00$ $ 74,000.00 19 years old. Transferred from Streets to Water Dept. High mileage. Maintenance costs exceed value.

End of useful life.

PW LANDSCAPE 575 2006 FORD F250 88,437.0 FORD F250 SERVICE BODY 14 72,000.00$ 3,000.00$ $ 75,000.00 17 years old. Engine emission issues. Maintenance costs exceed vehicle value. Limited parts availability.

PW PARK PATROL 580 2005 FORD F250 105,273.0 FORD F250 SERVICE BODY 9 72,000.00$ 3,000.00$ $ 75,000.00 18 years old. Transfer from #551 2004 F150 153,261 mi. Retired 09/2019. Transmission failure. Replacement costs exceed value. No replacement. Department down a vehicle.

BUDGET$
193
Budgeted Not Yet Purchased
PW LANDSCAPE 583 2008 FORD F250 67,046.0 FORD F250 SERVICE BODY 20 72,000.00$ 3,000.00$ $ 75,000.00 15 years old. Highly visible wear & tear. Maintenance costs exceed vehicle value. Limited parts availability
PW SEWER MAINTENANCE 585 2008 FORD F750 29,976.0 FORD F750 DUMP 2 150,000.00$ 1,000.00$ $ 151,000.00 15 years old. Engine mechanical issues. Lower end knock. Repairs cost exceed value.

PW WATER MAINTENANCE 594 2009 FORD F250 196,514.0 FORD F250 SERVICE BODY 4 72,000.00$ 2,000.00$ $ 74,000.00 15 years old. Extreme high mileage. Used for regular shifts and standby calls. Maintenance costs exceed value. End of useful life.

PW LANDSCAPE 596 2008 FORD F250 82,894.0 FORD F250 SERVICE BODY 21 72,000.00$ 3,000.00$ $ 75,000.00 15 years old. Highly visible wear & tear. Maintenance costs exceed vehicle value. Limited parts availability
PW LANDSCAPE 598 2008 FORD F350 59,881 FORD F350 4X4 SRW DUMP BODY 22 95,000.00$ 3,000.00$ $ 98,000.00 15 years old. Highly visible wear & tear. Maintenance costs exceed vehicle value. Limited parts availability
PW LANDSCAPE 702 2011 FORD F250 95,944.0 FORD F150 PICKUP 50,000.00$ 3,000.00$ $ 53,000.00 Vehicle transferred to landscape for necessity. Need replacement for WTP due to vehicle transfer - no replacement has been ordered.

MARINA MARINA MAINTENANCE 806 2001 FORD F250 122,327.0 FORD F250 SERVICE BODY 8 72,000.00$ 2,000.00$ $ 74,000.00 22 years old. High mileage. Deteriorated vehicle. Limited parts availability. Maintenance costs exceed value.

PW LANDSCAPE UTILITY TRAILER 962 2001 CARSON TRAILER 0 TRAILER 15,000.00$ -$ $ 15,000.00 NOT ORDERED PW MOWER TRAILER 976 1999 CARSON MOWER TRAILER 0 TRAILER 15,000.00$ -$ $ 15,000.00 NOT ORDERED PW MOWER TRAILER 987 2007 CARSON TRAILER 0 TRAILER 15,000.00$ -$ $ 15,000.00 NOT ORDERED BLD/ENG ENGINEERING ADDITION NEW NEW NEW NEW FORD F150 PICK UP 45,000.00$ 3,000.00$ $ 48,000.00 NOT ORDERED..UNAVAILABLE. - Increased staffing needs PW PRIMARY STANDBY ADDITION NEW NEW NEW NEW F250 SERVICE BODY 26 72,000.00$ 3,000.00$ $ 75,000.00 To solely have standby vehicle to minimize overusage of other vehicles, limiting maintenance costs and vehicle replacements.

PW METER MAINTENANCE ADDITION NEW NEW NEW NEW F250 SERVICE BODY 28 72,000.00$ 3,000.00$ $ 75,000.00 Dedicated vehicle for meter repair - Borrowing vehicle from other crew to respond to calls. Vehicle needed
PW SEWER LEAD WORKER ADDITION NEW NEW NEW NEW F250 SERVICE BODY 27 72,000.00$ 3,000.00$ $ 75,000.00 No vehicle to respond to calls. Borrowing vehicle from other crew. Vehicle needed.

PW WATER MAINTENANCE ADDITION NEW NEW NEW NEW TRAFFIC BOARD 28,000.00$ -$ $ 28,000.00 Traffic board - for construction crews, safety PW WATER MAINTENANCE ADDITION NEW NEW NEW NEW 4" TOWABLE PUMP 55,000.00$ -$ $ 55,000.00 Current pump not sufficient. During large rain events, storm drain backups, needed for bypasses and major water breaks - 2 pumps needed
TOTAL $ 3,211,400.00
194
Combined Agency/City Council Minutes Page 1 of 5 July 17, 2023

CITY OF PITTSBURG

CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: July 17, 2023
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565

CITY COUNCIL/AGENCY MEMBERS
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice-Mayor/Chair
Jelani Killings, Council/Agency Member
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member

APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Vice Mayor Banales called the regular meeting to order at 7:00 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. The City Council did not convene in Closed Session at 6:00 P.M. as the following Closed Session Item was continued to a date uncertain:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS pursuant to Section 54956.8 Property: 25 W. 10th Street (085-201-005) and 45 W. 10th Street (085-201-004); City Negotiators: Garrett Evans and Maria Aliotti; Negotiating Parties: Eric Keena on behalf of SK Pittsburg Bay Point LLC; Under negotiation: Both price and terms of payment

ROLL CALL
Mayor/Chair Scales-Preston and Member Adams were absent and excused.

PLEDGE OF ALLEGIANCE
Vice Mayor Banales led the Pledge of Allegiance.

PRESENTATION

2. Presentation of the Accessory Dwelling Unit Guidebook and Pre-Approved Accessory Dwelling Unit Prototype Plan Set
City Manager Evans stated this presentation would be pulled from the agenda and brought back at a later date.

PROCLAMATIONS

3. National Night Out
195
Combined Agency/City Council Minutes Page 2 of 5 July 17, 2023

CITY MANAGER REPORTS/REMARKS
City Manager Evans acknowledged three (3) Youth Commissioners who have graduated and will be going off to college and will no longer be a part of the Youth Commission.

City Manager Evans stated for the record that the City Council did not meet in Closed Session.

PUBLIC COMMENTS
Rose Mary Randazzo, Pittsburg, asked for assistance with being harassed for feeding community cats.

Kevin Bailey, Pittsburg, noted the Bay Walk Project developer has agreed to meet with the Unions.

Siu Ling, Pittsburg, stated she was supportive of the Pittsburg Arts and Community Foundation.

COMMITTEE REPORTS
Member Killings attended the Pittsburg Arts and Community Foundation (PACF), and Economic Development / Waterfront committee meetings.

PITTSBURG POWER COMPANY

PUBLIC HEARING

4. Adoption of a Pittsburg Power Company Resolution Approving Island Energy Fiscal Year 2023-2024 Rate Change Proposal for Electricity Retail Services on Mare Island On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

COMBINED PITTSBURG POWER COMPANY AND CITY COUNCIL CONSIDERATION

5. Adoption of a City Council Resolution Authorizing the City Manager to Execute the Consultant Agreement with Entertainment Lane Inc. for Operation of the California Theatre and Adoption of a Pittsburg Power Company Resolution Allocating Funds Dianna Schepers, Pittsburg, spoke in favor of Entertainment Lane Inc.

Wolfgang Croskey, Pittsburg, spoke in favor of Entertainment Lane Inc.

On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez
196
Combined Agency/City Council Minutes Page 3 of 5 July 17, 2023 ABSENT: Adams, Scales-Preston

CITY COUNCIL

PUBLIC HEARING

6. Adoption of a City Council Resolution to Confirm the Engineer's Report, District Diagram and Assessment, and Levy the Annual Assessment for Citywide Landscaping & Lighting Assessment District 1988-01 for FY 2023/24
On Motion by Member Lopez, seconded by Member Killings and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

7. Adoption of a City Council Resolution to Confirm the Engineer's Report, District Diagram and Assessment, and Levy the Annual Assessment for Citywide Landscaping & Lighting Assessment District 1988-01 for FY 2023/24
On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez,
ABSENT: Adams, Scales-Preston

CONSIDERATION

8. Adoption of a City Council Resolution Authorizing the Modifications of City Council Subcommittees
On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

9. Adoption of a City Council Resolution to Approve Contract with Weaver Technologies, LLC for the refresh of VMWare Infrastructure at Police Department On Motion by Member Lopez, seconded by Member Killings and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

10. Adoption of City Council Resolution Authorizing the Purchase of Deferred Replacement Vehicles and Equipment from FY 2022/2023 and Budgeted for FY 2023/2024 City Manager Evans stated Item 10 will be pulled and considered at a later date. 197
Combined Agency/City Council Minutes Page 4 of 5 July 17, 2023

11. Adoption of a City Council Resolution Approving the Second Amendment to the Agreement with Discovery Builders Inc. to Design and Construct a Recreational Facility and Allocating Funding
On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR

AGENCY CONSENT CALENDAR
City Attorney Mooney stated the copy of the final lease for Item 14 was not received prior to the meeting. The resolution will be corrected to reflect that wording.

City Attorney Mooney also stated the draft attachment for Item 19 has been replaced with a final edition.

Susan Burkett and Peter Wilson of the New York Landing Home Owners Association commented on Item 15.

On Motion by Member Killings, seconded by Member Lopez and adopted by the following vote:

AYES: Banales, Killings, Lopez
ABSENT: Adams, Scales-Preston

12. Minutes of June 19, 2023

13. Adoption of a City Council Resolution Designating a Voting Delegate at the League of California Cities Annual Conference in September 2023

14. Adoption of a City Council Resolution Approving the Library Lease and Service Agreement between the City of Pittsburg and the County of Contra Costa

15. Adoption of a City Council Resolution Awarding a Contract for Project 5515 - Pittsburg Marina Basin III Dredge and Project 6240 - Residential Channel Dredge Projects and Authorizing the City Manager to Execute a Reimbursement and Indemnification Agreement with the New York Landing Homeowners' Association

16. Adoption of a City Council Resolution Approving the Contra Costa Transportation Authority's Measure J Growth Management Program Compliance Checklist for Calendar Years 2020-2021

17. Adoption of a City Council Resolution Awarding a Contract for Water Supplies 198
Combined Agency/City Council Minutes Page 5 of 5 July 17, 2023

18. Adoption of a City Council Resolution Accepting Project 4066, 2022/2023 CDBG ADA Curb Ramp Installation, as Complete and Authorize the City Engineer to File a Notice of Completion

19. Adoption of a City Council Resolution to Amend the Master Pay Schedule as Required by California Public Employees' Retirement System

20. Adoption of a Pittsburg Power Company Resolution Authorizing the Executive Director to Negotiate and Execute an Agreement with Pacific Gas and Electric Company to Complete a System Impact Study

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

COUNCIL MEMBER REMARKS
There were no Council Member remarks.

ADJOURNMENT
The meeting was adjourned at 09:01 P.M. to August 7, 2023.

Respectfully submitted,
Alice E. Evenson, City Clerk
199

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 Minute Order to Approve a City Council Recess for Labor Day Holiday
MEETING DATE: August 7, 2023

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

FISCAL IMPACT
There is no fiscal impact.

RECOMMENDATION
By Minute Order, approve recess of the City Council on the September 4, 2023 meeting.

BACKGROUND
The City Council historically takes recesses throughout the year to allow for both staff and City Council vacations. The first Monday in September is a holiday due to Labor Day.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The City Council typically recesses the meeting during the first week of September. The holidays of July 4th and Labor Day usually occur on or near the first Monday of the month.

To avoid any potential lack of quorum for these meetings, it is preferred to cancel the meetings as a typical summer recess.

Report Prepared By: Melaine Venenciano, Director of Records and Council Services 200

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: By Minute Order, Select Appointments to Vacancies on the Measure M/P Citizens Oversight Committee
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The Measure M (formerly known as Measure P) Citizens Oversight Committee (Oversight Committee) is comprised of three members of the Community Advisory Commission and two members from the Chamber of Commerce. Members must be residents of the City of Pittsburg as well as registered voters.

FISCAL IMPACT
There is no fiscal impact related to the appointment of Oversight Committee Members.

RECOMMENDATION
Staff recommends the appointment of three members of the Community Advisory Commission (CAC) as selected pursuant to the CAC bylaws; and two members of the business community to the Oversight Committee.

BACKGROUND
On June 5, 2012, the voters of Pittsburg passed Measure P, the Pittsburg Preservation of Citywide Services Temporary Funding Transactions and Use Tax Ordinance. Ordinance No. 12-1360 established a one-half of one percent (0.5%) use and transaction tax for the first five (5) years and a one-quarter of one percent (0.25%) for the subsequent five (5) years.

Pursuant Measure P, the City Council adopted a minute order (Attachment 1) on February 19, 2013, establishing the composition of eligible candidates to the Oversight Committee, including three CAC Members and two Chamber of Commerce Members. Pursuant to the Measure P Fact Sheet (Attachment 2) Oversight Committee members must be Pittsburg residents and registered voters.
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On June 7, 2016, the voters of Pittsburg passed Measure M. Ordinance No. 16-1411 was certified as approved, extending the use and transaction tax of one-half of one percent (0.5%) to June 30, 2035.

Historically, the CAC has made appointment recommendations of three members each year during a regular meeting of the CAC, while staff and the Chamber of Commerce work collaboratively to nominate the Chamber’s two members.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
On May 3, 2023, during its regularly scheduled meeting, the CAC nominated three members of the Commission to the Oversight Committee. These three members included Dennisha Marsh, Isabel Romena, and Veronica Pope. In June 2023, Veronica Pope resigned her position on the CAC, and a replacement has not yet been nominated by the Commission.

Tara Sanders, owner of Dale Vino Wine Bar and a member of the Chamber of Commerce, remains on the Oversight Committee.

Staff’s recommendation to appoint three members of the CAC as nominated by the CAC, as well as two Chamber members, as identified by staff, to the Oversight Committee would allow the City to more quickly fill vacant positions, which is critical in holding Oversight Committee meetings at which a quorum is present. Currently, holding of Oversight Committee meetings can be delayed due to the added step of agendizing the appointment of specific Oversight Committee members for City Council consideration.

ATTACHMENTS: 2013 Minute Order and Staff Report
Measure P Citizens Oversight Committee Fact Sheet
Report Prepared By: Jordan Davis, Director of Community and Economic Development 202
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a Minute Order Authorizing a Letter of Support for ABAG's Regional Technology and Innovation Hub Program Proposal MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The U.S. Economic Development Administration's (EDA) Regional Technology and Innovation Hubs (Tech Hubs) Program is an economic development initiative to drive regional technology and innovation growth by investing directly in regions to create innovation centers that catalyze the creation of good jobs for American workers of all skill levels. The Association of Bay Area Governments (ABAG) is submitting a proposal to establish a Next-Generation Solid-State Battery Technology Innovation Hub (NSBT-Hub) to the EDA under this program. Adoption of a minute order would authorize staff to forward a letter of support for ABAG's proposal.

FISCAL IMPACT
There is no fiscal impact related to the letter of support.

RECOMMENDATION
By minute order, direct staff to finalize and forward the attached letter of support from the City of Pittsburg for the NSBT-Hub proposal.

BACKGROUND
The purpose of the Tech Hubs Program is to strengthen U.S. economic and national security through place-based investments in regions with the assets, resources, capacity, and potential to become globally competitive in the technologies and industries in the future.

Such technologies of focus include artificial intelligence, robotics, biotechnology, data storage and management, advanced energy, and much more. On May 12, 2023, the EDA published the Tech Hubs Phase I Notice of Funding Opportunity to fund strategic development grants that are intended to help regions facilitate planning activities to become designated areas to receive implementation funds, which will be administered through the Phase II process of this program.
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Each designated Tech Hub region would be eligible to apply for Phase II implementation funding, in which a select amount of applicants would receive approximately $50-$75 million to implement their Tech Hub plans. Designated Tech Hubs that do not receive Phase II implementation funding would be eligible for future implementation funds as they become available. Applications for Phase I funding are due on August 15, 2023.

The Association of Bay Area Governments is a regional planning agency of the cities and counties of the San Francisco Bay Area and provides planning from a regional perspectives on how to support continued economic growth in the Bay Area region. This is done through collaboration and the creation of planning instruments such as Plan Bay Area 2050 and Priority Production Areas, the latter of which identifies opportunities for continued job retention and growth in key industrial lands across the Bay Area.

In partnership with the Metropolitan Transportation Commission (MTC), they are submitting a proposal to establish the NSBT-Hub. The vision for this proposal is to provide a global technology hub for research, testing, prototyping and manufacturing next-generation energy storage solutions, combined with wrap-around services and training programs for communities. They are seeking to establish this vision and utilize Phase I funding to facilitate strategic planning services to further detail their vision into a plan and Tech Hub designation.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Pursuit of this program provides an opportunity to potentially strengthen the economic vitality of the Bay Area region as a whole. The City of Pittsburg's Economic Development Strategic Plan, adopted in 2022, stresses the importance of maintaining industrial lands as job centers and supports the facilitation of green jobs in those areas. Most of the industrial areas north of Highway 4 in Pittsburg are designated as Priority Production Areas by ABAG as they recognize the importance of retaining those lands to continue to be a job center for the region. The technology that this proposal seeks to incubate will also align with the decarbonization goals set forth by the State to achieve a carbon-neutral economy. These investments are already being made in Pittsburg through various projects such as the 200- megawatt Diablo Energy Storage lithium-ion battery storage project, the 20-megawatt Columbia Solar project, and the implementation of the carbon capture technology project at Calpine's Los Medanos Energy Center. Much of this investment was made in part through public-private partnerships. It is for the aforementioned reasons that support for this proposed NSBT-Hub aligns with the economic interests of the City.

ATTACHMENTS: Letter of Support re Next-Generation Solid-State Battery Technology Innovation Hub
Report Prepared By: Robert Carrera, Economic Development Manager 209

65 Civic Avenue
Pittsburg, CA 94565

pittsburgca.gov
Shanelle Scales-Preston, Mayor | Juan Antonio Banales, Vice Mayor | Jelani Killings | Dionne Adams | Angelica Lopez

August 7, 2023

To: Brad Paul, Deputy Executive Director, Association of Bay Area Governments (ABAG) and Metropolitan Transportation Commission (MTC)

RE: Next-Generation Solid-State Battery Technology Innovation Hub

Dear Mr. Paul,

The City of Pittsburg is in strong support of ABAG’s proposal to the U.S. Economic Development Administration’s 2023 Regional Technology and Innovation Hub Program for establishing a Next-Generation Solid-State Battery Technology Innovation Hub (NSBT-Hub) in the Bay Area.

The City of Pittsburg, Contra Costa County, and the Bay Area as a whole have a long-standing history of supporting innovative projects that help to ensure adequate provision of energy, and in more recent years, the quest for technologies that support decarbonization. As an area that is leaning into our history as an industrial hub, the City of Pittsburg’s Economic Development Strategic Plan, adopted in 2022, stresses the importance of maintaining industrial lands as job centers and seeking partnerships to support green jobs in these areas.

The City of Pittsburg is currently home to the TransBay Cable, which provides over 40% of San Francisco’s power on a daily basis, as well as the 200-megawatt Diablo Energy Storage lithium- ion battery storage project, the 20-megawatt Columbia Solar project, and just last month, Calpine Energy announced the implementation of a $25 million carbon capture technology pilot project at the Los Medanos Energy Center in Pittsburg. Further, we are proud to say that we are home to SF Bay Aggregates and its carbon capture concrete aggregate pilot, as well as the potential future home of H-Cycle’s hydrogen from municipal solid waste production facility.

A global technology hub for research, testing, prototyping and manufacturing next-generation energy storage solutions, combined with wrap-around services and training programs for our communities, will build on our region’s strength to help realize our local economic development goals while also accelerating the pressing need for decarbonizing the global economy. We firmly believe that finding feasible alternatives to current energy storage technology, which has limitations as described in the proposal, is critical to transportation electrification, electric grid stabilization, reinvestment in underutilized industrial assets and a “just transition” of our regional economy away from the fossil fuel industry.

The City of Pittsburg believes the proposed NSBT-Hub will help align and consolidate initiatives in next-generation energy storage technologies, in both the private and academic fields, across the Northern California mega-region into a viable, sustainable, and globally competitive research, development and manufacturing cluster. Pittsburg sees this as an opportunity to grow 210

City of Pittsburg pittsburgca.gov

good paying jobs that provide economic opportunities to workers in our community, both those with and without a college degree. We also see the need to support advanced manufacturing operations as a key strategy to grow existing high-tech industries that are increasingly looking to co-locate research with prototyping and commercialization operations. From a local, regional and national perspective, this is the most viable path to onshoring essential manufacturing and supply chain activities that are critical to our security and climate goals.

The Bay Area economy holds immense potential for global competitiveness in the rapidly evolving next-generation battery and energy storage technologies. The proposed NSBT-Hub in the Bay Area will benefit from a large complex of world-class research and innovation centers, including research universities, community colleges and vocational programs like the award- winning programs housed at Los Medanos Collage in Pittsburg, national research laboratories, venture and growth capital, a vibrant start-up and entrepreneurship community, incubators and accelerators, and innovation headquarters of global corporations. The same innovation ecosystem that propelled the Bay Area’s infotech and biotech industries to become globally competitive is ripe to be harnessed by the creation of an innovation ecosystem for energy storage. The NSBT-Hub proposes to combine this culture of innovation with a focused approach to scale innovation by co-locating manufacturing with the scientific capacity for advanced battery and new-generation storage solutions.

We strongly urge EDA to fund this proposal. The City of Pittsburg is committed to participating in this process to develop a robust strategic plan, which will be based on an assessment of regional capacity, critical partnerships, and policy and implementation barriers. It will prepare the region for the implementation phase of our collective vision to establish a globally competitive next-generation solid-state energy storage technologies that supports domestic manufacturing and several high-priority local and regional economic and climate goals.

Sincerely,

Shanelle Scales-Preston
Mayor, City of PIttsburg
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Modify Overtime Pay and Amend the IBEW Agreement
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The City Manager, upon recommendation from the Director of Human Resources, recommends amendments to the International Brotherhood of Electrical Workers (IBEW), Local 1245 Memorandum of Understanding (MOU). The City Council is asked to approve the amendment to the IBEW Memorandum of Understanding.

FISCAL IMPACT
No additional fiscal impact is anticipated as a result of the change to Overtime Pay for Fiscal Year 2023/2024.

RECOMMENDATION
The City Council adopt a resolution to approve the amendment of the IBEW MOU regarding Overtime Pay.

BACKGROUND
The current Memorandum of Understanding (July 1, 2022 through June 30, 2025) includes a re-opener effective, June 30, 2023 for the section on Overtime Pay. The Union has requested to review this section in order to align with labor market standards for electrical workers.

The normal workweek for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day or normal work week, then said employee shall be compensated at the rate of one and one-half (1-1/2X) times the regular hourly rate for all such overtime performed by said employee on behalf of the City. 212
Based on a comparison of overtime rates for electrical workers from the Cities of Alameda, Healdsburg, Lodi, Palo Alto and Roseville, the industry is moving toward double time for overtime hours.

The City of Pittsburg and the International Brotherhood of Electrical Workers have met and conferred in good faith pursuant to Section 17.1 of the 2022-25 Memorandum of Understanding between the Parties. This will confirm an understanding reached between the Parties to modify the MOU as follows:

The normal work week for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day or normal work week, then said employee shall be compensated at the rate of one and one-half (1-1/2X) times the regular hourly rate for all such overtime performed by said employee on behalf of the City.

However, in light of labor market conditions involving overtime for Electrical Lineworkers, whenever a bargaining unit employee performs work which qualifies to be reimbursed by another agency as Mutual Aid/Assistance, the employee will be paid at double time (2X).

The City shall treat all paid time (excluding holidays), such as but not limited to vacation, sick leave, and compensatory time off, as "time worked" for the purpose of calculating overtime compensation.

The City prepared the attached Side Letter of Agreement for IBEWs signature on June 27, 2023.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
In accordance with the Meyers-Milias-Brown Act, the City Council is asked to adopt a resolution to approve a change to the Memorandum of Understanding and modify the overtime section to provide double time for overtime hours to IBEW bargaining unit employees when performing work which qualifies for reimbursement by another agency as mutual aid/assistance.

ATTACHMENTS: Resolution
Exhibit A: Side Letter of Agreement
Prepared by: Jennifer Brizel, Director of Human Resources 213
Resolution No. 23- Page 1 of 1 August 7, 2023

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

Amendment of the International Brotherhood )
Of Electrical Workers IBEW Memorandum of ) RESOLUTION NO. 23- Understanding to Modify the Overtime Pay )
Section of the Agreement )
WHEREAS, the City and IBEW recommend an amendment of the Memorandum of Understanding (MOU) to provide double time for overtime hours to IBEW bargaining unit employees when performing work which qualifies for reimbursement by another agency as mutual aid/assistance; and
WHEREAS, the City and IBEW, Local 1245 met and conferred regarding the proposed changes, per the agreed upon contract re-opener; and WHEREAS, the City prepared the attached Side Letter of Agreement to amend the IBEW Memorandum of Understanding for signatures on June 27, 2023; and WHEREAS, there is no anticipated cost beyond what is allocated in the Fiscal Year 2023/2024 budget.

NOW, THEREFORE, BE IT RESOLVED the City Council hereby approves the amendment to the IBEW Memorandum of Understanding.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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City of Pittsburg and IBEW Local 1245
Reopener Negotiations
Sideletter Agreement on Overtime

1 The City of Pittsburg and the International Brotherhood of Electrical Workers have met and conferred in good faith pursuant to Section 17.1 of the 2022-25 Memorandum of Understanding (“MOU”) between the Parties. This will confirm an understanding reached between the Parties to modify the MOU as follows:

SECTION 17 – OVERTIME

17.1 Payment

The normal workweek for City employees is forty (40) hours in a seven (7) day period.

The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day or normal workweek, then said employee shall be compensated at the rate of one and one-half (1-1/2X) times the regular hourly rate for all such overtime performed by said employee on behalf of the City.

However, in light of labor market conditions involving overtime for Electrical Lineworkers, whenever a bargaining unit employee performs work which qualifies to be reimbursed by another agency as Mutual Aid/Assistance, the employee will be paid at double time (2X).

The City shall treat all paid time (excluding holidays), such as but not limited to vacation, sick leave, and compensatory time off, as "time worked" for the purpose of calculating overtime compensation.

Effective June 30, 2023, this Memorandum of Understanding shall reopen on the issues of Overtime. Parties will meet to study and evaluate the current labor market for IBEW Local 1245-represented classifications with regard to double-time overtime and standby pay. The Parties will review IBEW Local 1245’s 6/21/22 proposals on these issues to determine whether to modify either the standby or overtime provisions of the MOU. Any changes will be by mutual agreement only.

The terms of this Sideletter are considered part of the 2022-25 MOU and will expire with that MOU, including any extensions thereto. The Parties intend these terms to be incorporated into the Parties’ successor MOU.

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City of Pittsburg and IBEW Local 1245
Reopener Negotiations
Sideletter Agreement on Overtime

2 The undersigned attest that they have the authority to bind their respective principals to the terms of this Sideletter.

For the City:_________________________ Date: _________________

For Local 1245: _____________________ Date: ________________

6/27/2023
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Authorizing the City Manager to Execute a Contract with Chemtrade Chemicals US LLC for the Water Treatment Chemical Supply – Aluminum Sulfate
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The Public Works Department is responsible for the maintenance and operation of the City’s Water Treatment Plant and each year solicits bids for necessary chemical supplies. If approved, the resolution will authorize a purchase contract with vendor Chemtrade Chemicals US LLC as the only responsive bidder for Aluminum Sulfate in the amount of $84,000.

FISCAL IMPACT
Funding for water treatment chemical supplies was approved by the City Council with adoption of the City’s Operating Budget for Fiscal Year 2023/24.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution authorizing the City Manager to execute a contract with Chemtrade Chemicals US LLC in the amount of $84,000 for Water Treatment Plant (WTP) Chemical Supply – Aluminum Sulfate.

BACKGROUND
The Public Works Department manages, operates and maintains the City’s 32 million gallon per day water treatment plant, eight distribution reservoirs, nine pumping stations and two wells, to reliably provide quality drinking water that meets or exceeds all federal and state requirements. Chemicals such as Aluminum Sulfate are needed in the water treatment process.
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The Bay Area Chemical Consortium (BACC) is a group of water and wastewater agencies in the Bay Area working together to purchase chemicals by combining bid solicitations.

Combined bid solicitations offer vendors an opportunity to sell greater quantities of their products. As a result, the 50 participating agencies, including the City, can usually obtain lower prices as a group than by bidding alone. The City has received significant savings for chemical purchases through its participation with BACC.

Bids for the supply and delivery of Aluminum Sulfate in the East Bay region were received by the BACC in February for the period of July 1, 2023 through June 30, 2024. From past use of Aluminum Sulfate at the WTP, staff estimates the cost of this chemical will total about $84,000 for the year.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The City’s Public Works Department is part of the Bay Area Chemical Consortium (BACC) that bids out chemical supplies for approximately 50 agencies in the Bay Area. Chemtrade Chemicals US LLC is the only responsive bidder.

Staff recommends the City Council authorize the City Manager to execute a contract for purchase of Aluminum Sulfate in the amount of $84,000 with Chemtrade Chemicals US LLC.

ATTACHMENTS: Resolution
Award Letter with Bid Results
Report Prepared By: Carmen Piggee, Public Works Administrative Analyst II 218
Resolution No. 23- Page 1 of 1 August 7, 2023

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

Authorizing the City Manager to Execute )
a Contract with Chemtrade Chemicals US ) RESOLUTION NO. 23- LLC for the Water Treatment Chemical )
Supply – Aluminum Sulfate )
WHEREAS, the Public Works Department is responsible to operate and maintain the City’s Water Treatment Plant; and
WHEREAS, Aluminum Sulfate is an essential chemical to treat and provide drinking water to the residents of Pittsburg; and
WHEREAS, the Public Works Department solicits bids through the Bay Area Chemical Consortium for Water Treatment Plant Chemical Aluminum Sulfate each Fiscal Year; and
WHEREAS, Chemtrade Chemicals US LLC was determined to be the only responsive bidder for all local regions; and
WHEREAS, funding is available in the Fiscal Year 2023/24 Water Operations budget.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract with Chemtrade Chemicals US LLC in the amount of $84,000 for Aluminum Sulfate Chemical Supply for FY 2023/24.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting the Adjusted Budget Summary for Project 1200 California Theatre Balcony Renovation MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
Project 1200 California Theatre Balcony Renovation (the “Project”) constructed multiple retrofit improvements to the upper and lower sections of the California Theatre balcony to allow it to be occupied and utilized as seating during theater events. The Project was accepted as complete in February 2023. This resolution will accept an Adjusted Budget Summary for the Project to include additional design and project management expenditures previously omitted from the record.

FISCAL IMPACT
The Project was funded with a $1,000,000 grant from the John H. and Regina K. Scully Foundation to the Pittsburg Arts and Community Foundation and had an approved budget of the same amount.

The expenditures for the Project are $1,119,889.

RECOMMENDATION
City Council adopt the attached resolution accepting the Adjusted Budget Summary for Project 1200 California Theatre Balcony Renovation.

BACKGROUND
On December 21, 2020, City Council adopted Resolution 20-13860 entering into a funding agreement between the City and the Pittsburg Arts and Community Foundation to facilitate use of a $1,000,000 donation from the John H. and Regina K. Scully Foundation to be used for design revisions and construction of the balcony and theater seating, installation of a Garaventa Lift for disabled accessibility, and other improvements needed to provide the best possible experience at the California Theatre.
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On February 21, 2023, the City Council adopted Resolution 23-14248 Accepting Project 1200 California Theatre Balcony Renovation as Complete and Authorizing the City Manager to File a Notice of Completion.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
After the Project was accepted as complete, staff learned of additional design and project management expenditures that were erroneously omitted from the budget summary. These project expenditures are eligible for reimbursement under the terms of the grant agreement.

Staff worked with the John H. and Regina K. Scully Foundation to correct the budget summary and ensure that the entire $1,000,000 grant would be applied to the true and correct expenditures for the Project. The Scully Foundation was receptive to the budget revision and requested that staff return to the City Council for clarification and correction.

ATTACHMENTS: Resolution
Report Prepared By: Sharon Paz, Administrative Analyst ll 223
Resolution No. 23- Page 1 of 2 August 7, 2023

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

Adoption of a City Council Resolution ) RESOLUTION NO. 23- Accepting the Adjusted Budget )
Summary for Project 1200 California )
Theater Balcony Renovation )
WHEREAS, on December 21, 2020, City Council adopted Resolution 20-13860 entering into a funding agreement between the City and the Pittsburg Arts and Community Foundation to facilitate use of a $1,000,000 donation from the John H. and Regina K.

Scully Foundation to be used for design revisions and construction of the balcony and theater seating, installation of a Garaventa Lift for accessibility for the disabled, and other improvements needed to provide the best possible experience at the California Theatre; and
WHEREAS, on February 21, 2023, the City Council adopted Resolution 23-14248 Accepting Project 1200 California Theatre Balcony Renovation as Complete and Authorizing the City Manager to File a Notice of Completion; and WHEREAS, after the Project was accepted as complete, staff learned of additional design and project management expenditures that were erroneously omitted from the budget summary. These project expenditures are eligible for reimbursement under the terms of the grant agreement; and
WHEREAS, the Adjusted Budget Summary for the Project including expenditures for design, construction, and project management total $1,119,889; and WHEREAS, a corrected account of expenditures was included in the staff report for the City Council’s review and acceptance.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the Adjusted Budget Summary for Project 1200 California Theatre Balcony Renovation.
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Resolution No. 23- Page 2 of 2 August 7, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales, Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Awarding a Purchase Contract to JAM Services for Project 1752 Streetlight LED Replacement MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
Project 1752, Streetlight LED Replacement (Project), was recently established to improve city lighting. Supplies needed for the Project will be ordered in bulk. If approved, the resolution will award a purchase contract in the amount of $400,000 with JAM Services of Livermore, California as the lowest responsive, responsible bidder.

FISCAL IMPACT
There are sufficient funds in the budget for the Project to accommodate this expense.

RECOMMENDATION
City Council adopt the attached Resolution awarding a Purchase Contract to JAM Services in the amount of $400,000 for LED lights and related supplies to complete the Project.

BACKGROUND
On June 5, 2023, the City Council adopted Resolution No. 23-14304 approving the Project and allocating funds to the budget. These replacements will provide safety benefits and enhanced lighting to neighborhoods and major thoroughfares while also saving energy, reducing greenhouse gases, and reducing electricity costs.

In June 2023, the Public Works Department solicited formal bids for supplies needed to complete the Project. Three vendors submitted bids. JAM Services was the lowest, responsive, responsible bidder.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
The City owns and maintains approximately 2,231 streetlights. Periodically, the City upgrades or adds lights at various locations improving lighting in older neighborhoods through the Project. Orders for LED replacement supplies will be placed for approximately 100 fixtures at a time.

The bids received from the June 2023 are below.

ATTACHMENTS: Resolution
Report Prepared By: Natasha Farmer, Public Works Administrative Analyst II 227
Resolution No. 23- Page 1 of 1 August 7, 2023

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

Awarding a Contract for Project ) RESOLUTION NO.23- 1752 Streetlight LED Replacement )
Supplies )
WHEREAS, the City of Pittsburg owns and maintains approximately 2,231 streetlights throughout the City; and
WHEREAS, Project 1752 Streetlight LED Replacement Project (Project), was established (Resolution No. 23-14304) to improve and enhance City lighting; and WHEREAS, in June 2023, staff solicited and received bids from three suppliers with capability to provide necessary supplies to complete the Project; and WHEREAS, JAM Services of Livermore, California, is the lowest responsible, responsive bidder; and
WHEREAS, funding is available from the Project budget account.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pittsburg hereby award a contract to JAM Services in the amount of $400,000 for LED lights and related supplies to complete the Project.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
__________________________
Shanelle Scales-Preston, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
228

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Application for a Land and Water Conservation Fund Funding for the Pittsburg Premier Fields Project
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The City is pursuing Federal Land and Water Conservation Fund (LWCF) grant funds for development of the Pittsburg Premier Fields Project (Project). The LWCF application requires a Resolution demonstrating City Council approval of the application.

FISCAL IMPACT
The City Council allocated funds to this project through Resolution 23-14298 on May 15, 2023. If awarded, the LWCF grant will reimburse project costs up to $4.5 million.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City to apply for the LWCF grant funds.

BACKGROUND
The Project will be located at the former Delta View Golf Course. The Project is 90% designed and includes three multi-use football, soccer, and lacrosse fields as well as support amenities like restrooms, lighting, and gathering areas.

Congress under Public Law 88-578 has authorized the establishment of a Federal LWCF Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes. The California Department of Parks and Recreation (CDPR) is responsible for the administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program. The Project qualifies for up to $4.5 million in Federal LWCF funding.
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CDPR will prioritize projects that:
• Serve fiscally impacted communities
• Add park acreage to the City
• Are shovel ready
• Demonstrate immediate funding need
• Provide a new park in an area at least 0.5 mile from another • Serve a community with a low park acreage per capita
• Align with 2021-2025 Statewide Comprehensive Outdoor Recreation Plan priorities which include but are not limited to:
 Engage and inspire younger generations
 Promote healthy lifestyles and communities
 Expand park access for all Californians
All projects funded by the LWCF grant are subject to both CEQA and NEPA review and are expected to begin construction in winter 2024.

SUBCOMMITTEE FINDINGS
This item was presented as part of a list of grant status updates at the April 2023 Economic Development and Waterfront Subcommittee meeting. It was not discussed individually.

STAFF ANALYSIS
The Project will be the first facility of its kind in Pittsburg and will serve youth from Pittsburg, the Bay Area, and throughout the State. The concept of clustered fields is similar to City Park, which is used consistently throughout the year for softball, baseball, and soccer tournaments and free play, and concentrates multiple fields for continuous programming and public use. The Project will add Pittsburg to the network of nearby competitive sports facilities and bring economic benefits from the multi-billion dollar sports tourism market to Pittsburg restaurants, hotels, retail, and more. Furthermore, since the closure of Delta View Golf Course, the former golf course property has experienced fires, excessive vandalism, and blight. The Project will quell these issues and compliment the Dream Courts 5- basketball court development across East Leland Road at John Henry Johnson Park.

On May 15, 2023 City Council authorized application for LWCF funding for this Project, however, the action language in Resolution 23-14298 was insufficient for grant purposes and must be resubmitted adding the following:
• Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and • Appoints the City Manager or his designee as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

ATTACHMENTS: Resolution 23-
Resolution 23-14298
Report Prepared By: Sara Bellafronte, Assistant to the City Manager 230
Resolution No. 23- Page 1 of 2 August 7, 2023

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

Authorizing Application for Land and Water )
Conservation Fund Funding for the Pittsburg) RESOLUTION NO. 23- Premier Fields Project )
WHEREAS, Congress under Public Law 88-578 has authorized the establishment of a Federal Land and Water Conservation Fund (LWCF) Grant-In-Aid program, providing matching funds to the State of California and its political subdivisions for acquiring lands and developing facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for the administration of the program in the State, setting up necessary rules and procedures governing applications by local agencies under the program; and WHEREAS, the City is pursuing LWCF funding for development of the Pittsburg Premier Fields Project (Project) which will construct three multi-use football, soccer, and lacrosse fields as well as supporting amenities like restrooms, lighting, and gathering areas; and
WHEREAS, the Project will be located at the former Delta View Golf Course and will provide novel recreation amenities to Pittsburg residents, generate economic development, and address blight and hazards experienced at the currently vacant site; and WHEREAS, allocation of funds to the Project is required by the LWCF grant to demonstrate the City’s ability to fund the full project cost prior to submission of the grant application, and on May 15, 2023 through Resolution 23-14298 the City Council allocated special revenue funds from General Fund Surplus, Measure M, Park Dedication Fund for the Project; and
WHEREAS, on May 15, 2023 through Resolution 23-14298 the City Council authorized application for LWCF funding for this Project but the grantor is requiring additional language be included in the authorizing Resolution.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby;

1. Authorizes application for the LWCF grant funds for the Project; and

2. Certifies that the City has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and

3. Agrees to abide by 54 U.S.C. §200305(f)(3) which requires, “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior (Secretary), be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if it is found to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location;” and
231
Resolution No. 23- Page 2 of 2 August 7, 2023

4. Certifies that said agency has matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

5. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines; and

6. Appoints the City Manager or his designee as agent of the City to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

BE IT FURTHER RESOLVED that that the City Council of the City of Pittsburg hereby authorizes the Director of Finance to allocate $9,000,000 to the Project and receive all awarded LWCF Grant funds for the purpose of carrying out the Project.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
232

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute a Lease Agreement with Contra Costa County Department of Information Technology
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
The City is the owner of real property known as 200 Shadybrook Court, Pittsburg, California (Property). The City and Contra Costa County Department of Information Technology propose to enter into a lease agreement (Lease) for a portion of the Property located in a fenced area of approximately 1,200 square feet and includes the road that leads to the fenced area from Shadybrook Court (Premises).

FISCAL IMPACT
As consideration for this Lease, the County shall maintain the Premises in a safe condition at its sole cost and expense. The Police Department will pay for all utilities provided to the premises.

RECOMMENDATION
City Council adopt the Resolution and authorize the City Manager to execute the Lease with the County for continued access to the Premises so that the County may continue to maintain the communications equipment and generator on behalf of the East Bay Regional Communications Systems Authority (EBRCSA).

BACKGROUND
The Property was conveyed to the City by West Coast Homebuilders, Inc. through a grant deed recorded in the official records of Contra Costa County on September 26, 2001, as Document No. 2001-0288883-00.

The City constructed a structure (the “Vault”) on the Premises for the Pittsburg Police Department to house communications equipment serving the Police Department. At that time, Police Department maintained the system and paid for all utilities. 233
However, when the East Bay Regional Communications System (EBRCS) was formed in 2008 – 2009, this system became a regional system and Police Department’s radios were included under the umbrella of EBRCS. This allowed jurisdictions in Contra Costa County as well as Alameda County to be on the same communications network. The Premises is one of multiple sites the County maintains in Contra Costa County.

Since the service was spotty at times due to poor signal quality, the County, with the help of the Police Department, installed a generator to ensure emergency communications would not be disrupted.

SUBCOMMITTEE FINDINGS
This item was not discussed in a subcommittee.

STAFF ANALYSIS
Contra Costa County and Alameda County have been using this communications system since 2009. All police departments in Contra Costa and Alameda Counties use this system to communicate with each other and it is an essential part of law enforcement being able to carry out their duties efficiently and be able to respond to situations as they arise.

Although the equipment belongs EBRCS, they have contracted with the County to maintain the equipment.

ATTACHMENTS: Resolution
Lease Agreement
Report Prepared By: Ishani Rasanayagam, Administrative Analyst II 234
Resolution No. 23- Page 1 of 2 August 7, 2023

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

Authorizing the City Manager to Execute )
A Lease Agreement with Contra Costa ) RESOLUTION NO. 23- County Department of Information )
Technology )
WHEREAS, the City is the owner of real property known as 200 Shadybrook Court, Pittsburg, California (Property); and
WHEREAS, the City constructed a structure (the “Vault”) on a portion of the Property located in a fenced area of approximately 1,200 square feet and includes the road that leads to the fenced area from Shadybrook Court (Premises). The Police Department houses communications equipment in the Vault; and
WHEREAS, the East Bay Regional Communications System Authority was formed in 2008-2009 and the East Bay Regional Communications System (EBRCS) became a regional system and the Police Department’s radios were included under the umbrella of EBRCS, which allowed jurisdictions in Contra Costa and Alameda Counties to be on the same communications network; and
WHEREAS, Contra Costa and Alameda Counties have been using EBRCS since 2009; and
WHEREAS, the Contra Costa County Department of Information Technology propose to enter into a Lease Agreement for the Premises; and
WHEREAS, the County shall maintain the Premises and the communication equipment in a safe condition at its sole cost and expense, and the Police Department will pay for all utilities provided to the Premises.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a Lease Agreement with the County. 235
Resolution No. 23- Page 2 of 2 August 7, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
236

1 LEASE

Department of Information Technology
200 Shadybrook Court
Pittsburg, California

This lease is dated as of July 1, 2023 (the “Effective Date”), and is between the CITY OF PITTSBURG, CALIFORNIA, a municipal corporation (the “City”) and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the “County”).

Recitals

A. The City is the owner of the real property commonly known as 200 Shadybrook Court, Pittsburg, California, as more described in Exhibit A and depicted in Exhibit B (the “Property”). The Property was conveyed to the City through a grant deed recorded in the official records of Contra Costa County on September 26, 2001, as Document No. 2001-0288883-00.

B. The City has installed a structure on the Property to house assorted communications equipment (the “Vault”) in the location shown on Exhibit C, and the County has installed a generator (the “Generator”) near the Vault. The Vault and Generator are within a fenced area comprised of approximately 1,106 square feet (the “Fenced Area”).

C. The County maintains the equipment in the Vault and the Fenced Area on behalf of the East Bay Regional Communications System Authority (EBRCS), a joint exercise of powers authority organized and existing under and by virtue of the laws of the State of California.

D. The City desires to lease to County and the County desires to lease from City that portion of the Property that includes the Fenced Area and access to the Fenced Area along the City-owned road that leads to the Fenced Area from the residential portion of Shadybrook Court (the “Access Route”) (together, the Fenced Area and the Access Route are the “Premises”).

The parties therefore agree as follows:

Agreement

1. Lease of Premises. Subject to the terms of this lease, City hereby leases to County and County hereby leases from City, the Premises.

2. Term. The “Term” of this lease is 10 years and six months, commencing on the Effective Date and ending December 31, 2033.

237

2 3. Consideration. As consideration for this lease, the County shall maintain the Fenced Area in a safe condition at its sole cost and expense.

4. Use. County may use the Premises for the purpose of using and maintaining the Vault and the Fenced Area.

5. Obligation to Pay Utilities. The City shall pay for all utilities provided to the Premises.

6. Quiet Enjoyment. The City shall warrant and defend the County in the quiet enjoyment and possession of the Premises during the Term.

7. Assignment and Sublease/License. The County shall not assign this lease or sublease or license the Premises or any part of the Premises at any time during the Term, except upon written approval of the City in the City’s sole discretion. Upon the assignment of the lease by County, the County will have no further obligation under the lease.

8. Alterations; Fixtures and Signs. The County may (i) make any lawful and proper minor alterations to the Vault and/or the Fenced Area and (ii) attach fixtures (“County Fixtures”) in or upon the Fenced Area. Any County Fixtures will remain the property of County and may be removed from the Premises by County at any time during the Term.

County is responsible for the cost of all alterations and County Fixtures.

9. Insurance.

a. Liability Insurance. Throughout the Term, County shall maintain in full force and effect, at its sole expense, a general self-insurance program covering bodily injury (including death), personal injury, and property damage, including loss of use, in the minimum amount of $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the obligations contemplated by this Lease.

b. Self-Insurance Exclusion. County’s self-insurance does not provide coverage for (i) areas to be maintained by City under this lease, or (ii) negligence, willful misconduct, or other intentional act, error or omission of City, its officers, agents, or employees.

10. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, County shall peaceably and quietly leave and surrender the Premises to the City.

11. Waste, Nuisance. County may not commit, or suffer to be committed, any waste upon the Premises.

12. Hazardous Material. The City warrants to the County that the City does not have any knowledge of the presence of Hazardous Material (as defined below) or contamination of the Property or Premises in violation of environmental laws. The City shall defend, save, protect, and hold the County harmless from any loss arising out of the presence of any Hazardous Material on the Premises that was not brought to the Premises by or at the 238

3 request of the County, its agents, contractors, invitees, or employees. The City acknowledges and agrees that the County has no obligation to clean up or remediate or contribute to the cost of cleanup or remediation, of any Hazardous Material unless such Hazardous Material is released, discharged, or spilled on or about the Premises by County or any of its agents, employees, contractors, invitees, or other representatives.

The obligations of this Section shall survive the expiration or earlier termination of this lease.

“Hazardous Material” means any substance, material or waste, including lead-based paint, asbestos and petroleum (including crude oil or any fraction thereof), that is or becomes designated as a hazardous substance, hazardous waste, hazardous material, toxic substance, or toxic material under any federal, state or local law, regulation, or ordinance.

13. Indemnification.

a. County. County shall defend, indemnify and hold City harmless from County’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of County, its officers, agents or employees in using the Premises pursuant to this lease, or the County’s performance under this lease, except to the extent caused or contributed to by (i) the structural, mechanical, or other failure of improvements owned or maintained by City, and/or (ii) the negligent acts, errors, or omissions of City, its officers, agents, or employees.

b. City. City shall defend, indemnify and hold County harmless from City’s share of any and all claims, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors or omissions of City, its officers, agents, employees, with respect to the Premises, or City’s performance under this lease, or the City’s performance, delivery or supervision of services at the Premises, or by the structural, mechanical or other failure of improvements owned or maintained by City, except to the extent caused or contributed to by the negligent acts, errors, or omissions of County, its officers, agents, or employees.

14. Termination.

a. City’s Right to Terminate. The City may not terminate this lease.

b. County’s Right to Terminate. The County may terminate this lease, at its sole discretion, by providing the City with at least 60 days’ advance written notice.

c. Effect of Termination or Expiration. Except as expressly provided herein, on the date this lease terminates or expires, the terms and conditions of this lease will no longer be of any force or effect.

239

4 15. Notices. Any notice required or permitted under this lease must be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows:

To City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
Attn: Garrett Evans

To County: Contra Costa County
Public Works Department
Attn: Principal Real Property Agent
255 Glacier Drive
Martinez, CA 94553

Either party may at any time designate in writing a substitute address for the address set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system.

16. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto.

17. Governing Law. The laws of the State of California govern all matters arising out of this lease.

18. Severability. In the event that any provision of this lease is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired.

[Remainder of Page Intentionally Left Blank]

240

5 19. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties prepared it. This lease may be modified only by a writing signed by both parties.

The parties are executing this lease on the date set forth in the introductory paragraph.

COUNTY OF CONTRA COSTA, a City of Pittsburg, a municipal corporation political subdivision of the State of
California

By: _______________________ By: _______________________ Brian M. Balbas Garrett Evans
Director of Public Works City Manager

RECOMMENDED FOR APPROVAL:

By: _______________________
Jessica L. Dillingham
Principal Real Property Agent

By: _______________________
Margaret J. Eychner
Senior Real Property Agent

APPROVED AS TO FORM
THOMAS L. GEIGER, COUNTY COUNSEL

By: _______________________
Kathleen M. Andrus
Deputy County Counsel

ME:na
WLP377
G:\realprop\LEASE MANAGEMENT\PITTSBURG\200 SHADYBROOK CT (Radio Tower) - T00996\LEASES\City of Pittsburg\LEASE - 200 Shadybrook Court - Final.docx

241
242

Exhibit A - 1

EXHIBIT A
243
244

Exhibit B - 1

EXHIBIT B

245
246

Exhibit C - 1

EXHIBIT C

Licensed Premises

247

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 Accepting Project 2039, Manville Avenue Speed Humps as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: August 7, 2023

EXECUTIVE SUMMARY
Project 2039, Manville Avenue Speed Humps (Project), included the construction of three speed humps with associated striping and signage along Manville Avenue between Riverview Drive and Madoline Street. This Resolution will accept the construction contract as completed and authorize the City Engineer to file a notice of completion.

FISCAL IMPACT
The total anticipated expenditures for the Project is $39,316. After all Project expenditures are paid, unexpended funds totaling $35,684 will be returned to the funding sources.

RECOMMENDATION
City Council adopt the attached resolution accepting the as complete and authorize the City Engineer to execute a Notice of Completion.

BACKGROUND
On May 17, 2004, the City Council adopted Resolution 04-10078 approving the City’s current Traffic Calming Policy.

On February 7, 2022, the City received an application for the installation of speed humps on Manville Avenue.

On March 31, 2022, staff evaluated the City’s Traffic Calming Policy criteria for installing speed humps on Manville Avenue between Riverview Drive and Madoline Street and determined that all criteria and warrants had been met. 248
On June 8, 2022, staff presented to the Community Advisory Commission, and they recommended the City Council approve the installation of speed humps on Manville Avenue between Riverview Drive and Madoline Street.

On June 20, 2022, the City Council adopted Resolution 22-14107, approving the operating budget for Fiscal Year 2022/23, and allocating $75,000 from Measure J (Fund 204) to the Project.

On January 27, 2023, bids for the Project were opened, and Pacific Coast General Engineering submitted the lowest qualified bid $39,316.

On March 29, 2023, the Notice to Proceed was issued to Pacific Coast General Engineering.

On June 8, 2023, the Contractor reached substantial completion.

On June 9, 2023, the one-year warranty period began.

SUBCOMMITTEE FINDINGS
On June 8, 2022, staff presented to the Community Advisory Commission, and they recommended the City Council approve the installation of speed humps on Manville Avenue between Riverview Drive and Madoline Street.

STAFF ANALYSIS
Staff has verified the construction of three speed humps with associated striping and signage on Manville Avenue between Riverview Drive and Madoline Street.

The project was completed on time and within the budget approved by the City Council.

ATTACHMENTS: Resolution
Budget Summary
Notice of Completion
Report Prepared By: Johnny Rose, Engineering Technician 249
Resolution No. 23- Page 1 of 1 August 7,2023

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

Accepting Project 2039, Manville )
Avenue Speed Humps as Complete ) Resolution No. 23- And Authorizing the City Engineer to )
File a Notice of Completion )

WHEREAS, Project 2039, Manville Avenue Speed Hump (Project), included the construction of three speed humps with associated striping and signage on Manville Avenue between Riverview Drive and Madoline Street; and
WHEREAS, on May 17, 2004, the City Council adopted Resolution 04-10078, approving the City’s current Traffic Calming Policy; and WHEREAS, on February 7, 2022, the City received an application for the installation of speed humps along the entire length of Manville Avenue; and WHEREAS, on March 31, 2022, staff evaluated the Traffic Calming Policy criteria for installing speed humps on Manville Avenue between Riverview Drive and Madoline Street and determined that all criteria and warrants had been met; and WHEREAS, on June 8, 2022, staff presented to the Community Advisory Commission, and they recommended the City Council approve the installation of speed humps on Manville Avenue between Riverview Drive and Madoline Street; and WHEREAS, on June 20, 2022, the City Council adopted Resolution 22-14107, approving the operating budget for Fiscal Year 2022/23, and allocating $75,000 from Measure J (Fund 204) to the Project; and
WHEREAS, on January 27, 2023, bids for the Project were opened, and Pacific Coast General Engineering submitted the lowest qualified bid $39,316; and WHEREAS, on March 29, 2023, the Notice to Proceed was issued to Pacific Coast General Engineering; and
WHEREAS, on June 8, 2023, the contractor reached substantial completion, and.

WHEREAS, on June 9, 2023, the one-year warranty period began.

NOW, THEREFORE BE IT RESOLVED that the City Council hereby accepts the Project as complete and authorizes the City Engineer to file a Notice of Completion.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of August 2023 by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scale-Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
250
Budget Summary
Manville Avenue Speed Humps
Project 2039
Project Funding:

Project Expenditures:

Construction:
(Code 2281)
Estimated Expenditures Total
Remaining Balance
$39,316
$35,684
$75,000
Funding Total $75,000
Base Bid $39,316

Subtotal $39,316
251

NOTICE OF COMPLETION
Recording Requested By: City of Pittsburg
Upon Recording Return To:

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

1. That on the 10th day of March, 2023, the City of Pittsburg, State of California, did enter into a contract with:

Pacific Coast General Engineering, Inc.
12 Industry Road,
Pittsburg, CA 94565
as Contractor for certain improvement work: To wit, Contract 2022-27, Manville Speed Hump Project in Pittsburg, California of which the City of Pittsburg is the Owner in fee.

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

Great American Insurance Company
1255 Treat Blvd, Ste 810
Walnut Creek, CA 94597

3. That the real property herein referred to is situated in the City of Pittsburg, County of Contra Costa, State of California.

4. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 7th day of August 2023.
____________________________________________
John Samuelson
Public Works Director/City Engineer, City of Pittsburg
State of California )
County of Contra Costa )

5. I, John Samuelson, being first duly sworn, depose and say that: I am the Director of Public Works and City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief.
____________________________________________
John Samuelson
Public Works Director/City Engineer, City of Pittsburg
252