265
Pittsburg EIFD - Preliminary List of Assessor Parcel Numbers (APNs) 092-070-056 092-080-027 092-080-074 095-460-012
092-070-057 092-080-028 092-080-075 095-460-013
092-070-058 092-080-029 092-080-076 095-460-014
092-070-059 092-080-030 092-080-077 095-460-015
092-070-060 092-080-031 092-080-078 095-460-016
092-070-061 092-080-032 092-080-079 095-460-017
092-070-062 092-080-033 092-080-080 095-460-018
092-070-063 092-080-034 092-080-081 095-460-019
092-070-064 092-080-035 092-080-082 095-460-020
092-070-065 092-080-036 092-080-083 095-460-021
092-070-066 092-080-037 092-080-084 095-460-022
092-070-067 092-080-038 092-080-085 095-460-023
092-070-068 092-080-039 092-080-086 095-460-024
092-070-069 092-080-040 092-080-087 095-460-025
092-070-070 092-080-041 092-080-088 095-460-026
092-070-071 092-080-042 092-080-089 095-460-027
092-070-072 092-080-043 092-080-090 095-460-028
092-070-073 092-080-044 093-130-027 096-100-015
092-070-074 092-080-045 093-130-038 096-100-031
092-070-075 092-080-046 093-130-046 096-100-032
092-070-076 092-080-047 093-130-049 096-100-033
092-080-001 092-080-048 093-320-069 096-100-034
092-080-002 092-080-049 093-340-038 096-150-075
092-080-003 092-080-050 093-340-039
092-080-004 092-080-051 093-460-012
092-080-005 092-080-052 094-080-002
092-080-006 092-080-053 094-080-011
092-080-007 092-080-054 094-080-014
092-080-008 092-080-055 094-080-031
092-080-009 092-080-056 094-080-037
092-080-010 092-080-057 094-090-001
092-080-011 092-080-058 094-302-046
092-080-012 092-080-059 095-150-032
092-080-013 092-080-060 095-160-001
092-080-014 092-080-061 095-160-002
092-080-015 092-080-062 095-242-090
092-080-016 092-080-063 095-460-001
092-080-017 092-080-064 095-460-002
092-080-018 092-080-065 095-460-003
092-080-019 092-080-066 095-460-004
092-080-020 092-080-067 095-460-005
092-080-021 092-080-068 095-460-006
092-080-022 092-080-069 095-460-007
092-080-023 092-080-070 095-460-008
092-080-024 092-080-071 095-460-009
092-080-025 092-080-072 095-460-010
092-080-026 092-080-073 095-460-011
266
EXHIBIT B
CITY OF PITTSBURG
ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD)
LIST OF AUTHORIZED PUBLIC FACILITIES
The Pittsburg EIFD may finance the purchase, construction, expansion, improvement, seismic retrofit, or rehabilitation of any real tangible property with an estimated useful life of 15 years or longer which are public capital facilities or other projects of community-wide significance that provide significant benefits to the EIFD or the surrounding community. The EIFD may also finance the ongoing or capitalized costs to maintain public capital facilities financed in whole or in part by the EIFD. Facilities funded may be located outside the boundaries of the EIFD, as long as they have a tangible connection to the work of the EIFD as detailed in the infrastructure financing plan.
The EIFD may also finance the planning and design work that is directly related to the purchase, construction, expansion, or rehabilitation of property. The EIFD may finance costs described in Government Code Sections [53398.52 [list of eligible improvements]] 53398.56 [replacement housing and relocation obligations if required by actions of EIFD] and 53398.57. Projects financed by the EIFD may include, but not be limited to, all of the following:
Highways, interchanges, and ramps;
Bridges;
Arterial streets;
Parking facilities;
Transit facilities;
Parks, recreational facilities, and open space;
Sewage treatment and water reclamation plants and interceptor pipes; Facilities for the collection and treatment of water for urban uses; Facilities for the transfer and disposal of solid waste, including transfer stations and vehicles;
Storm water conveyance and collection facilities;
Flood control levees and dams, retention basins, and drainage channels; Child care facilities;
Libraries;
Broadband and telecommunications infrastructure;
Sidewalks and streetscape improvements;
Bicycle lanes and paths;
Public art;
Corporation yards;
Police facilities;
Brownfield restoration and other environmental mitigation; Affordable housing as authorized under the EIFD Law;
Projects that implement a sustainable communities strategy and transit priority projects; Acquisition, construction, or repair of industrial structures for private use; Acquisition, construction, or repair of commercial structures by the small business occupant of such structures, if such acquisition, construction, or repair is for purposes of fostering economic recovery from the COVID-19 pandemic and of ensuring the long-term economic sustainability of small businesses;
Projects that enable communities to adapt to the impacts of climate change, including, but not limited to, higher average temperatures, decreased air and water quality, the spread of infectious and vector-borne diseases, other public health impacts, extreme weather events, sea level rise, flooding, heat waves, wildfires, and drought; 267
EXHIBIT B
CITY OF PITTSBURG
ENHANCED INFRASTRUCTURE FINANCING DISTRICT (EIFD)
LIST OF AUTHORIZED PUBLIC FACILITIES
Facilities in which nonprofit community organizations provide health, youth, homeless, and social services.
Other Expenses
In addition to the direct costs of the above facilities, other incidental expenses as authorized by the EIFD Law, including, but not limited to, the cost of environmental evaluation and environmental remediation; engineering and surveying; construction staking; utility relocation and demolition costs incidental to the construction of the facilities; costs of project/construction management; costs (including the costs of legal services) associated with the creation of the EIFD; costs of issuance of bonds or other debt of the EIFD, of a community facilities district of the City, or of any other public agency for authorized facilities and payment of debt service thereon; financing costs of improvements incurred by developers until reimbursement from the EIFD; costs incurred by the County or the EIFD in connection with the division of taxes pursuant to Government Code Section 53398.75; or costs otherwise incurred in order to carry out the authorized purposes of the EIFD; reimbursements to other areas for facilities serving the EIFD; and any other expenses incidental to the formation and implementation of the EIFD and to the construction, completion, inspection and acquisition of the authorized facilities. 268
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 City Goals and Priorities for Fiscal Year 2023-24
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
On March 25, June 19, and July 13, 2023, the City Council held public workshops to discuss goals for fiscal year (FY) 2023-24. During the workshop, staff responded to questions and received comments from City Councilmembers and developed a final draft list of goals and priorities for the upcoming fiscal year.
FISCAL IMPACT
There is no fiscal impact from adoption of the attached City Goals and Priorities for FY 2023-24. It should be noted that if adopted, the goals and policies are intended to inform and guide financial decisions during the fiscal year.
RECOMMENDATION
City Council adopt the attached list of City Goals and Priorities for FY 2023-24 by minute order.
BACKGROUND
Each spring, the City Council works with staff to develop department and division goals and priorities for the following fiscal year which support the principal goals noted above. On February 6, 2023, the City Council held a public workshop, where staff provided the City Council with a review of progress made on goals adopted for FY 2022-23, and on March 25, 2023 a second workshop, facilitated by Patrick Ibarra of the Mejorando Group, brought the City Council’s departmental priorities to the forefront.
Staff has developed the proposed goals and priorities based on comments received from the City Council and the previously identified five principal goals for the upcoming year, which include:
269
• Prioritizing public safety, health, and welfare in the City Budget and when reviewing projects;
• Improving public facilities and infrastructure, and increasing beautification of City maintained areas;
• Continuing economic development through strategic partnerships, promotion of diversified housing, and the retention and growth of new and existing businesses; • Increasing efficiency of City operations and services through technology and streamlined processes; and
• Improving the quality of life for all Pittsburg residents.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The attached City Goals and Priorities for FY 2023-2024 build upon the City’s successes implementing last year’s goals and priorities. Staff believes these goals reflect the City’s desire to make proactive, yet informed decisions to provide a better community for all citizens.
The proposed goals within the attached document are intended to identify areas where staff seek to markedly improve City operations, build upon the successes of City departments, and address the ongoing and emerging needs of the community. As such, staff has not included any goals which reflect or are otherwise consistent with the work staff is already undertaking or requirements that have otherwise been adopted or institutionalized. Each departmental goal includes implementation strategies that describe the tasks each department or division will undertake as part of the effort to achieve the stated goal, and performance measures to track progress throughout the year.
The attached City Goals and Priorities for FY 2023-24 incorporate comments received from the City Council during the public workshops and are proposed for adoption.
ATTACHMENTS: Fiscal Year 2023-2024 Citywide Goals
Report Prepared By: Sara Bellafronte, Assistant to the City Manager 270
Fiscal Year 2023 – 2024 Goals
September 18, 2023
271
City Council
Shanelle Scales-Preston, Mayor
Juan Antonio Banales, Vice Mayor
Jelani Killings
Dionne Adams
Angelica Lopez
City Clerk
Alice Evenson
City Treasurer
Nancy Parent
City Manager
Garrett Evans
Assistant City Manager
Maria Aliotti
City Attorney
Donna Mooney
Chief of Police
Steve Albanese
Department Heads
Jennifer Brizel, Director of Human Resources
John Samuelson, Director of Public Works/City Engineer
Jordan Davis, Director of Community and Economic
Development
Kolette Simonton, Director of Recreation
Melaine Venenciano, Director of Records and Council Services Paul Rodrigues, Director of Finance
272
2 CITYWIDE PRIORITIES
1. Public Safety. Prioritize public safety, health, and welfare in the City Budget and when reviewing projects.
2. Public Infrastructure. Improve public facilities and infrastructure and increase beautification of City maintained areas.
3. Economic Development. Continue economic development through strategic partnerships, promotion of diversified housing, and the retention and growth of new and existing businesses.
4. Efficiency.
Increase efficiency of City operations and services through technology and streamlined processes.
5. Quality of Life. Improve the quality of life for all Pittsburg residents. 273
3 COMMUNITY & ECONOMIC DEVELOPMENT
CEDD-1: Conduct Code Enforcement sweep of Madoline Street, resulting in 100% compliance. (Public Safety) Implementation Measure 1.1:
Goal/Implementation Measure: Prepare a baseline assessment of code violations within area.
Status/Current Action
Underway:
None.
Next Milestone: Site walks and data collection.
Estimated Completion Date: August 2023
Implementation Measure 1.2:
Goal/Implementation Measure: Assess enrollment of rental properties in Residential Rental Inspection Program and conduct in-unit inspections.
Status/Current Action
Underway:
None.
Next Milestone: Prepare list of rental addresses and compare with enrollees in RRIP.
Estimated Completion Date: August 2023
Implementation Measure 1.3:
Goal/Implementation Measure: Provide Notices of Violation to property owners.
Status/Current Action
Underway:
None.
Next Milestone: Schedule community meetings to discuss project.
Estimated Completion Date: October 2023
Implementation Measure 1.4:
Goal/Implementation Measure: Host community meeting(s) to answer questions or address owner and resident concerns.
Status/Current Action
Underway:
None.
Next Milestone: Schedule community meetings to discuss project.
Estimated Completion Date: November 2023
274
4 Implementation Measure 1.5:
Goal/Implementation Measure: Conduct follow-up inspections, issue citations, as necessary.
Status/Current Action
Underway:
None.
Next Milestone: Compliance inspections.
Estimated Completion Date: June 2024
275
5 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1
Conduct Code Enforcement
sweep of Madoline Street,
resulting in 100% compliance.
Public
Safety - - - - -
I.M. 1.1 Prepare a baseline assessment of
code violations within area - 0% 0%
Review all 34
properties along
Madoline Street and
identify Code
Violations
Didn’t
Track
Didn’t
Track 24
I.M. 1.2
Assess enrollment of rental
properties in Residential Rental
Inspection Program and conduct in-
unit inspections.
-- 0% 0%
Assess 24 rental
properties adjacent to
Madoline Street for
enrollment in RRIP,
as applicable.
Conduct in-unit
inspection of 10% of
property owners
where code violations
are present.
Didn’t
Track
Didn’t
Track 24
I.M. 1.3 Provide Notices of Violation to
property owners. - 0% 0%
Provide Notices of
Violations to 100% of
property owners
where code violations
are present.
Didn’t
Track
Didn’t
Track 40
I.M. 1.4
Host community meetings(s) to
answer questions or address owner
and resident concerns.
- 0% 0%
Host one (1)
community meeting
for residents, and one
(1) community
meeting for owners,
ensuring translators
are present, if
needed.
N/A N/A 2
I.M. 1.5 Conduct follow-up inspections,
issue citations, as necessary. - 0% 0% Conduct 34 follow-up inspections.
Didn’t
Track
Didn’t
Track 34
Goal 1 Subtotal - - 0% - - - -
276
6 CEDD-2: Complete comprehensive Development Code update, including modifications to permitted uses within the Pedestrian Commercial (CP) district downtown, with the goal of maintaining 90% occupancy within first-floor tenant spaces adjacent to Railroad Avenue and Cumberland Street. (Two-year goal) (Economic Development Strategic Plan Policies 4.1.1) (Economic Development) Implementation Measure 2.1:
Goal/Implementation Measure: Identify funding for project.
Status/Current Action
Underway:
None.
Next Milestone: Provide City Manager with two-year funding plan.
Estimated Completion Date: July 2023
Implementation Measure 2.2:
Goal/Implementation Measure: Solicit scope and hire consultant.
Status/Current Action
Underway:
None.
Next Milestone: Prepare contract for Council consideration.
Estimated Completion Date: August 2023
Implementation Measure 2.3:
Goal/Implementation Measure: Conduct General Plan consistency review and host community workshops to solicit input.
Status/Current Action
Underway:
None.
Next Milestone: Prepare schedule of workshops.
Estimated Completion Date: September 2023
277
7 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 2
Complete comprehensive
Development Code update,
including modifications to
permitted uses within the
Pedestrian Commercial (CP)
district downtown, with the goal
of maintaining 90% occupancy
within first-floor tenant spaces
adjacent to Railroad Avenue and
Cumberland Street. (Two-year
goal) (Economic Development
Strategic Plan Policies 4.1.1)
Economic
Development - - - - - -
I.M.
2.1 Identify funding for project. - 0% 0% Identify $450,000 N/A N/A $450,000 I.M.
2.2 Solicit scope and hire consultant. - 0% 0% Identify at least $112,500 N/A N/A $112,500
I.M.
2.3 Conduct General Plan consistency
review and host community
workshops to solicit input.
- 0% 0%
Host 3 community
workshops
Conduct pop-ups
at 3 City Events
N/A
N/A
N/A
N/A
3 3
Goal 2 Subtotal - - 0% - - - -
278
8 CEDD-3: Identify a funding mechanism for small businesses (less than 10 employees) to undertake façade and/or landscaping improvements and connect two property owners/business owners with façade enhancement funding, including a minimum of one commercial area outside of the Downtown Corridor. (Economic Development Strategic Plan Policies 2.2.3-4) (Economic Development)
Implementation Measure 3.1:
Goal/Implementation Measure: Identify funding for project.
Status/Current Action
Underway:
BID Funding identified for project.
Next Milestone: Bring forward City Council agenda item allocating funding.
Estimated Completion Date: September 2023
Implementation Measure 3.2:
Goal/Implementation Measure: Create program criteria and identify target locations for enhancement.
Status/Current Action
Underway:
None.
Next Milestone: Research program criteria within other cities and prepare City Program criteria.
Estimated Completion Date: September 2023
Implementation Measure 3.3:
Goal/Implementation Measure: Issue loans and/or grants.
Status/Current Action
Underway:
None.
Next Milestone: Select grantee.
Estimated Completion Date: February 2024
279
9 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 3
Identify a funding mechanism for
small businesses (less than 10
employees) to undertake façade
and/or landscaping
improvements and connect two
property owners/business
owners with façade enhancement
funding, including a minimum of
one commercial area outside of
the Downtown Corridor.
(Economic Development
Strategic Plan Policies 2.2.3-4)
Economic
Development - - - - - -
I.M. 3.1 Identify funding for project - 100% 33% Identify a minimum amount of $50,000 0 0 $50,000
I.M. 3.2 Create program criteria and identify
target locations for enhancements - 0% 0%
Identify 5 target
locations in the
Downtown
Subarea and 5
outside of
Downtown
0 0 10
I.M. 3.3 Issue loans and/or grants - 0% 0%
Issue at least 4
grants
Issue $50,000 in
grants
0 0 4
$50,000
Goal 3 Subtotal - - 33% - - - -
280
10 CEDD-4: Work with owners of Century Plaza to develop roadmap and conceptual layout for future redevelopment (Economic Strategic Plan Policies 2.2.1-2) (Economic Development)
Implementation Measure 4.1:
Goal/Implementation Measure: Prepare SWOT analysis.
Status/Current Action
Underway:
None.
Next Milestone: Meet with property owners. Hire consultant to prepare analysis.
Estimated Completion Date: August 2023
Implementation Measure 4.2:
Goal/Implementation Measure: Work with property owner to prepare visioning document.
Status/Current Action
Underway:
None.
Next Milestone: Work with property owners to hire design firm to prepare design vision.
Estimated Completion Date: February 2024
Implementation Measure 4.3:
Goal/Implementation Measure: Create conceptual layout and adopt next steps (potential MOU for redevelopment).
Status/Current Action
Underway:
None.
Next Milestone: Work with property owners to hire design firm to prepare preliminary plan.
Estimated Completion Date: June 2024
281
11 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 4
Identify a funding mechanism for
small businesses (less than 10
employees) to undertake façade
and/or landscaping
improvements and connect two
property owners/business
owners with façade enhancement
funding, including a minimum of
one commercial area outside of
the Downtown Corridor.
(Economic Development
Strategic Plan Policies 2.2.3-4)
Economic
Development - - - - - -
I.M. 4.1 Prepare SWOT analysis. - 0% 0% N/A N/A N/A N/A I.M. 4.2 Work with property owner to
prepare visioning document. - 0% 0% N/A N/A N/A 1
I.M. 4.3
Create conceptual layout and adopt
next steps (potential MOU for
redevelopment).
- 0% 0% N/A N/A N/A 1
Goal 4 Subtotal - - 0% - - - -
282
12 RECORDS & COUNCIL SERVICES
R&CC-1: Implement a Public Records Request Software Management System. (Efficiency) Implementation Measure 1.1:
Goal/Implementation Measure: Select vendor.
Status/Current Action
Underway:
Completed viewing demos from 3 out of 4 vendors: (1) NextRequest, (2) JustFOIA, and (3) Granicus, (4) OnBase
Next Milestone: View demo from last vendor by end of June 2023; Select vendor and enter into contract by end of July 2023; Begin implementation process in August 2023 which consists of 4 phases – 1) Pre- Implementation; 2) System Configuration; 3) Training and Testing; 4) Launch Estimated Completion Date: 12/31/2023
Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1
Implement a Public Records
Request Software Management
System.
Efficiency - - - - - -
I.M. 1.1
View demos and compared pricing
from 3 out of 4 vendors: (1) Next
Request, (2) JustFOIA, (3) Granicus
and (4) OnBase
- 75% 25% View 4 demos N/A 3 1
I.M. 1.2 Select Vendor 0% 0% 1 vendor N/A N/A 1
I.M. 1.3 Implementation 0% 0% N/A N/A N/A N/A
Goal 1 Subtotal - - 25% - - - -
283
13 PUBLIC WORKS
PW-1: Zero pedestrian injuries within a school zone. (Public Safety) Implementation Measure 1.1:
Goal/Implementation Measure: Survey all school zones to document existing signage, striping, and enhanced pedestrian features.
Status/Current Action
Underway:
Data collection of current school signage, striping, and enhanced pedestrian features conditions in the City of Pittsburg.
Next Milestone: Complete data collection.
Estimated Completion Date: 12/31/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Install high-visibility crosswalks at all school crossings.
Status/Current Action
Underway:
Data collection of current school crossing conditions in the City of Pittsburg.
Next Milestone: Complete data collection
Estimated Completion Date: 6/30/2024
Implementation Measure 1.3:
Goal/Implementation Measure: Install regular rapid flashing beacons (RRFB) at four school crosswalks.
Status/Current Action
Underway:
Design installation of RRFBs
Next Milestone: Bid installation of RRFBs
Estimated Completion Date: 6/30/2024
284
14 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1 Zero pedestrian injuries
within a school zone.
Public
Safety - - - 3 5 0
I.M. 1.1
Survey all school zones to
document existing signage,
striping, and enhanced
pedestrian features.
- 0% 0% 100% school
zones surveyed N/A N/A 100%
I.M. 1.2 Install high visibility crosswalks
at all school crossings. - 0% 0%
100% high
visibility
crosswalks
installed
0 8 100%
I.M. 1.3
Install rectangular rapid
flashing beacons at four school
crosswalks.
- 0% 0% Four beacons 0 0 4
Goal 1 Subtotal - - 0% - - - -
285
15 PW-2: Improve Pavement Condition Index by 5 points. (Public Infrastructure) Implementation Measure 2.1:
Goal/Implementation Measure: Complete pavement rehabilitation projects on Leland Road and Loveridge Road.
Status/Current Action
Underway:
Submitted request for authorization to proceed with construction for West Leland Road from Crestview Drive to Railroad Avenue and Loveridge Road from Highway 4 to Pittsburg-Antioch Highway. Construction to begin on E. Leland Road from Railroad Avenue to Eastern City limits and Loveridge Road between East Leland Road and Buchanan Road on September 4, 2023.
Next Milestone: Bid construction of W. Leland Road/Loveridge Road project.
Estimated Completion Date: 06/30/2024
Implementation Measure 2.2:
Goal/Implementation Measure: Create maintenance zones as part of a 10-year pavement rehabilitation program.
Status/Current Action
Underway:
Survey Pavement Condition index (PCI) of all roads in the City of Pittsburg Next Milestone: Complete survey
Estimated Completion Date: 11/30/2023
Implementation Measure 2.3:
Goal/Implementation Measure: Input all pavement rehabilitation work completed in the last 3 years into Streetsaver.
Status/Current Action
Underway:
Gathering list of completed pavement rehabilitation work.
Next Milestone: Input repairs into Streetsaver.
Estimated Completion Date: 11/30/2023
286
16 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 2 Improve Pavement Condition
Index by 5 points.
Public
Infrastructure - - 63 61 58 63
I.M. 2.1 Complete pavement rehabilitation
projects on Leland and Loveridge. - 40% 13% Complete 3
projects N/A N/A 3
I.M. 2.2
Create maintenance zones as part
of 10-year pavement rehabilitation
program.
- 0% 0% 10 Maintenance
Zones Created 0 0 10
I.M. 2.3
Input all pavement rehabilitation
work completed in the last 3 years
into Streetsaver.
- 50% 17% N/A N/A N/A N/A
Goal 2 Subtotal - - 30% - - - -
287
17 CITY ATTORNEY
CA-1: Draft a contract ordinance for City Council consideration. (Efficiency) Implementation Measure 1.1:
Goal/Implementation Measure: Draft a contracting ordinance.
Status/Current Action
Underway:
Review purchasing policy and existing provisions of Pittsburg Municipal Code Next Milestone: Produce first draft by December 2023
Estimated Completion Date: June 2024
288
18 COMMUNITY SERVICES
CS-1: Develop Bliss Avenue. Development is a multi-year goal. Phase I – Design. (Quality of Life) Implementation Measure 1.1:
Goal/Implementation Measure: Presentation to the Community and Economic Subcommittee.
Status/Current Action
Underway:
July 2023
Next Milestone: Select a consultant to design the masterplan.
Estimated Completion Date: 8/14/23
Notes: In order to be able to conduct subcommittee meetings more efficiently, subcommittees were modified, reducing the number from 19 to 5. Therefore, staff waited for the formation of the new subcommittee who will hear the Bliss Avenue Development.
Implementation Measure 1.2:
Goal/Implementation Measure: Select a consultant to design the masterplan.
Status/Current Action
Underway:
Not started.
Next Milestone: Identify a consultant (formal/informal process will depend on cost); 2) Execute a contract.
Estimated Completion Date: By 12/01/23
Implementation Measure 1.3:
Goal/Implementation Measure: Complete the design.
Status/Current Action
Underway:
Not started.
Next Milestone: 1) discuss with Land Use; 2) present to the City Council; 3) revise and reissue RFP Estimated Completion Date: By 6/30/2024
289
19 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1
Develop Bliss Avenue.
Development is a multi-year goal.
Phase 1 - Design.
Quality of
Life - - - - - -
I.M. 1.1 Present to the Land Use
Subcommittee. - 0% 0% 1 presentation N/A N/A 1
I.M. 1.2 Select a consultant to design the
master plan. - 0% 0% 1 consultant
selected N/A N/A 1
I.M. 1.3 Complete the design. - 0% 0% 1 design N/A N/A 1 Goal 1 Subtotal - - 0% - - - -
290
20 CS-2: Increase the affordable housing stock. (Quality of Life) Implementation Measure 2.1:
Goal/Implementation Measure: Receive HCD approval of the program which will enable the City to purchase homes using PLHA funds and lease them to Section 8 tenants who are 80% AMI and lower.
Status/Current Action
Underway:
Completed.
Next Milestone: Go to closed session to get authorization to purchase homes.
Estimated Completion Date: 06/30/2023
Implementation Measure 2.2:
Goal/Implementation Measure: Go to closed session to get authorization to purchase homes and close escrow on a home.
Status/Current Action
Underway:
Not started.
Next Milestone: Close escrow.
Estimated Completion Date: 09/30/2023
Implementation Measure 2.3:
Goal/Implementation Measure: Rehabilitate in preparation for rental.
Status/Current Action
Underway:
Not started.
Next Milestone: Complete the rehabilitation.
Estimated Completion Date: 01/31/2024
Implementation Measure 2.4:
Goal/Implementation Measure: Lease the unit.
Status/Current Action
Underway:
Not started.
Next Milestone: Execute the Housing Assistance Payment contract.
Estimated Completion Date: 03/31/2024
291
21 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 2 Increase the affordable housing
stock.
Quality of
Life - - - - - -
I.M. 2.1
Receive HCD approval of the
program, which will enable the City
to purchase homes using PLHA
funds and lease them to Section 8
tenants who are 80% AMI and
lower.
- 100% 25% Receive HCD
approval N/A N/A 1
I.M. 2.2
Go to closed session to get
authorization to purchase homes
and close escrow on a home.
- 0% 0% 1 authorization, 1
home N/A N/A 1, 1
I.M. 2.3 Rehabilitation in preparation for
rental. - 0% 0% Rehabilitate 1
home N/A N/A 1
I.M. 2.4 Lease the unit. 0% 0% Lease 1 unit N/A N/A 1
Goal 2 Subtotal - - 25% - - - -
292
22 ENVIRONMENTAL SERVICES
ES-1: Increase access to the Delta for the Pittsburg Community. (Quality of Life) Implementation Measure 1.1:
Goal/Implementation Measure: Increase attendance at Environmental Services events (including marina and waterfront) by 5% through increased marketing, an additional event, and improved event activities.
Status/Current Action
Underway:
Planned events include Civic Pride Day (May 20), Green Footprint Festival (June 2), Fishing Derbies (February and November), National Marina Day (June 24), and July 4th Fireworks.
Next Milestone: Civic Pride Day: operations are meeting the week before the event. Green Footprint Festival is happening vendor engagement completion in May. July 4th fireworks kickoff meeting in April. New event: National Marina Day: kickoff meeting in April. November Fishing Derby: website and advertisement to commence in August.
Estimated Completion Date: 6/30/2024
Implementation Measure 1.2:
Goal/Implementation Measure: Provide 4 annual Delta and watershed educational opportunities.
Status/Current Action
Underway:
Delta Waters - on track to reach 200+ students. Considering Partner with East Bay Regional Park District’s Outdoor Recreation Department to expand its successful Adventure Crew Program to Pittsburg. Consider programming public guided kayak and SUP tours.
Next Milestone: Engage the 4th-grade class for the fall 2023 cohort on August 1, 2023. Networking calls with kayak/SUP outfitters in May 2023.
Estimated Completion Date: 6/30/2024
Implementation Measure 1.3:
Goal/Implementation Measure: Upgrade 1 waterfront park and associated infrastructure.
Status/Current Action
Underway:
Central Harbor Park & Boat Launch Facility upgrade project at 90% plans. Funding request for implementation submitted to Delta Conservancy. Acceptance by Council on 6/19/2023 Next Milestone: Funding decision from Delta Conservancy on May 24, 2023.
Estimated Completion Date: 6/30/2024
293
23 Implementation Measure 1.4:
Goal/Implementation
Measure:
In alignment with the Planning Department's Waterfront Visioning Project, pursue opportunities for waterfront revenue generation and climate resiliency that will foster and protect unique and new recreational experiences at the waterfront.
Status/Current Action
Underway:
The Planning Division has hired an architect for re-visioning of entire downtown and waterfront’s walkability, transit routes, land use, and more. The Environmental Services Division has secured two grants for projects aimed at quality of life, economic development, and climate resiliency at the waterfront: the DTSC’s Equitable Communities Revitalization Grant and the Sacramento-San Joaquin River Delta Conservancy’s Climate Access, and Resource grant. The City executed an MOU with Antioch, Hercules, Martinez, and the CCTA for a feasibility study for expansion of an east County commuter ferry. Staff is also conducting a feasibility study for reuse of the Tidelands Wharf and entertaining both lease and purchase offers. The draft report has been received.
Next Milestone: Waterfront Re-visioning exercise next step: design charettes due fall 2023.
ECRG and CAR grant project agreements: execution expected by fall 2023.
Ferry Feasibility Study to kick off by fall 2023.
Pursuit of additional brownfields grants in Winter 2023.
Tidelands Wharf Feasibility Study: final draft by June 2024 Estimated Completion Date: Ongoing
294
24 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024
Projected
Goal 1 Increase access to the Delta
for the Pittsburg
Community
Quality of
Life - - - - - -
I.M. 1.1 Increase attendance at
Environmental Services
events (including Marina and
Waterfront) by 5%
- 50% 13%
5% increase
in
attendance
N/A,
Covid 528 554
I.M. 1.2 Provide 4 annual Delta and
watershed educational
opportunities.
- 0% 0%
4 educational
opportunities
0 2 4
I.M. 1.3 Upgrade 1 waterfront park
and associated infrastructure. - 50% 13% 1 Park 0 0 1
1 commuter
ferry study N/A N/A 1
Pursue
Reuse of
Tidelands
Wharf
N/A N/A 1
I.M. 1.4 In alignment with the Planning
Department's Waterfront
Visioning Project, pursue
opportunities for waterfront
revenue generation and
climate resiliency that will
foster and protect unique and
new recreational experiences
at the waterfront.
- 10% 3%
Complete
one Climate
Resiliency
Project or
Grant
Application
N/A N/A 1
Goal 1 Subtotal - - 28% - - - -
295
25 ES-2: Increase participation in the Adopt-A-Spot program. (Quality of Life) Implementation Measure 2.1:
Goal/Implementation Measure: Increase advertisement of existing Adopt-a-Spot program logistics and benefits to the community and environment.
Status/Current Action
Underway:
Provided Adopt-a-Spot brochures and registration sheets at the August 2023 National Night Out.
Highlighted an Adopt-a-Spot participant on City’s social media.
Next Milestone: Continue to provide Adopt-a-Spot brochures and registration sheets at FY 24 remaining events: two fishing derbies, First Fridays, Civic Pride Day, and Green Footprint Festival.
Generate Adopt-a-Spot highlight calendar for regular social media posting to increase program recognition and desirability starting in October 2023.
Work with the PUSD and LMC to encourage clubs and classes to adopt spots around/on campus.
Work with Economic Development Department and Chamber of Commerce to encourage spot adoption by the local business community.
Estimated Completion Date: Ongoing
Implementation Measure 2.2:
Goal/Implementation Measure: Provide free bags, grabbers, and gloves to each adopter.
Status/Current Action
Underway:
The City has been awarded CalRecycle Beverage Container Recycling grant funds annually for several years. These funds are generally used for Civic Pride Day, Adopt-a-Spot materials, and to purchase custom recycling containers for schools and public properties. Most recently, the City utilized these funds on a Big Belly and Clean Cube pilot program, leaving none for Adopt-a-Spot in FY 24. The City has enough Adopt-a-Spot supplies at its current subscription rate, but may need more by the end of FY 24, if the program sees a dramatic increase in participation.
Next Milestone: Staff is pursuing other grants or sponsorship opportunities for funding Adopt-a-Spot materials upon running out.
Estimated Completion Date: December 2023
296
26 Implementation Measure 2.3:
Goal/Implementation Measure: Increase frequency at which current Adopt-a-Spot participants tend to their adopted spots.
Status/Current Action
Underway:
No action.
Next Milestone: Create a periodic and routine communication calendar to invite current adopters to celebrate their locations more frequently
Track Adopt-a-Spot statistics including: number of adopters (already tracked), acres cleaned, clean frequency per spot (already tracked), and pounds of trash removed annually.
Estimated Completion Date: June 30, 2024
Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024
Projected
Goal 2 Increase participation in the
Adopt-A-Spot program
Quality of
Life - - - - - -
Advertise to
4 new
audiences
N/A,
Covid 2 4
I.M. 2.1 Increase advertisement of
existing Adopt-a-Spot
program logistics and benefits
to the community and
environment.
- 10% 3% Increase
number of
adopters by
5 N/A,
Covid 10 15
I.M. 2.2 Provide free bags, grabbers,
and gloves to each adopter. - 100% 33% - - - -
I.M. 2.3 Increase frequency at which
current Adopt-a-Spot
participants tend to their
adopted spots.
- 0% 0%
Increase
number of
adopted
spots by 5
N/A did
not track 10 15
Goal 2 Subtotal - - 37% - - - -
297
27 PITTSBURG POWER COMPANY / ISLAND ENERGY
PPC-1: Develop a PPC Growth Strategic Initiative Plan. (Economic Development) Implementation Measure 1.1:
Goal/Implementation Measure: Create a Draft Executive Summary Status.
Status/Current Action
Underway:
A consultant retained, drafting.
Next Milestone: Complete the drafting of the Strategic Plan Executive Summary (July 2023).
Estimated Completion Date: 6/01/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Conduct Internal Strategic Plan Review.
Status/Current Action
Underway:
Pending Policy Document Draft.
Next Milestone: Upon Completion of the strategic plan draft, City management to review (August 2023).
Estimated Completion Date: 10/01/2023
Implementation Measure 1.3:
Goal/Implementation Measure: Present Strategic Initiatives to the PPC Board.
Status/Current Action
Underway:
Pending City Strategic Plan Review.
Next Milestone: Produce Draft Policy – 10/2023
Estimated Completion Date: 11/01/2023
298
28 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024 Projected
Goal 1 Develop PPC Strategic
Initiatives
Efficiency - - - - - -
I.M. 1.1 Create a Draft Executive
Summary Status
- 25% 8% 1 draft N/A N/A 1
I.M. 1.2 Conduct City Strategic Plan
Review
- 0% 0% 1 review N/A N/A 1
I.M. 1.3 Present Strategic Initiatives to
the PPC Board
- 0% 0% 1 presentation N/A N/A 1
Goal 1 Subtotal - - 8% - - - -
PPC-2: Establish Commercial Electric Service in Pittsburg. (Economic Development) Implementation Measure 2.1:
Goal/Implementation Measure: Interconnection Agreement
Status/Current Action
Underway:
Interconnection Agreement application filed with PG&E - June 2023 Next Milestone: PG&E deems application complete
Estimated Completion Date: 3Q2023
Implementation Measure 2.2:
Goal/Implementation Measure: Engineer designs infrastructure needs Status/Current Action
Underway:
Planning
Next Milestone: Assign design task to engineering firm
Estimated Completion Date: End 3Q2023
Implementation Measure 2.3:
Goal/Implementation Measure: Commercial Operation
Status/Current Action
Underway:
Next Milestone:
Estimated Completion Date: June 30, 2024
299
29 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024
Projected
Goal 2 Establish a Power Customer
in Pittsburg
Economic
Development - - - - - -
I.M. 2.1 Interconnection Agreement - 15% 5% 1 agreement N/A N/A 1 I.M. 2.2 Engineer design infrastructure - 0% 0% N/A N/A N/A N/A I.M. 2.3 Commercial Operations - 0% 0% 1 operation N/A N/A 1 Goal 2 Subtotal - - 5% - - - -
300
30 PPC-3: Develop a PPC Utility-Centric Procurement Policy. (Efficiency) Implementation Measure 3.1:
Goal/Implementation Measure: Develop Policy Document Draft Status/Current Action
Underway:
Draft COP policy template
Next Milestone: Policy template draft to be completed within the next three months (June 2023) Estimated Completion Date: 6/2023
Implementation Measure 3.2:
Goal/Implementation Measure: Internal Review of Draft Policy Status/Current Action
Underway:
Pending policy document draft
Next Milestone: With the completion of the policy document draft, it will be submitted for City management review (July 2023)
Estimated Completion Date: 10/2023
Implementation Measure 3.3:
Goal/Implementation Measure: PPC Board Adopt Policy
Status/Current Action
Underway:
Pending City Policy Review
Next Milestone: Upon completion of the City management review, a Staff Report and RESO will be drafted for Board Adoption (Oct 2023)
Estimated Completion Date: 11/2023
Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024
Projected
Goal 3 Develop a PPC Utility-Centric
Procurement Policy
Efficiency - - - - - -
I.M. 3.1 Develop Policy Document Draft - 0% 0% N/A N/A N/A N/A I.M. 3.2 City Review of Draft Policy - 0% 0% N/A N/A N/A N/A I.M. 3.3 PPC Board Adopt Policy - 0% 0% N/A N/A N/A N/A Goal 3 Subtotal - - 0% - - - -
301
31 RECREATION
REC-1: Provide a winter outdoor ice rink. (Quality of Life) Implementation Measure 1.1:
Goal/Implementation Measure: Determine ice rink provider.
Status/Current Action
Underway:
RFP issued.
Next Milestone: Selection of rink provider 5/25/2023.
Estimated Completion Date: 10/1/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Work with the provider to operate the winter rink.
Status/Current Action
Underway:
Begins after Council has approved the contractor.
Next Milestone: 7/18/2023
Estimated Completion Date: 11/2023
Implementation Measure 1.3:
Goal/Implementation Measure: Open Rink.
Status/Current Action
Underway:
None.
Next Milestone: 11/2023
Estimated Completion Date: 1/2024
302
32 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1 Provide a winter outdoor ice rink. Quality of
Life - - - - - -
I.M. 1.1 Determine ice rink provider. - 90% 30% 1 provider N/A N/A 1 I.M. 1.2 Work with provider to operate winter
rink. - 0% 0% N/A N/A N/A N/A
I.M. 1.3 Open rink. - 0% 0% N/A N/A N/A N/A
Goal 1 Subtotal - - 30% - - - -
303
33 REC-2: Increase non-sports programs/activities for residents of all ages. (Quality of Life) Implementation Measure 2.1:
Goal/Implementation Measure: Add programs that promote wellness & health.
Status/Current Action
Underway:
Identify programs that align with MBK, address mental health, art, music, and life skills classes.
Next Milestone: 9/30/2023
Estimated Completion Date: 6/30/2024
Implementation Measure 2.2:
Goal/Implementation Measure: Programs to promote entrepreneurship & work opportunities for youth and young adults.
Status/Current Action
Underway:
Partner with small businesses to provide mentor opportunities.
Next Milestone: 9/30/2023
Estimated Completion Date: 6/30/2024
Implementation Measure 2.3:
Goal/Implementation Measure: Expansion of programs for seniors.
Status/Current Action
Underway:
Identify program gaps and service providers.
Next Milestone: 9/30/2023
Estimated Completion Date: 6/30/2024
Implementation Measure 2.4:
Goal/Implementation Measure: Expand STEM & STEAM Program.
Status/Current Action
Underway:
Identify programs and service providers that align with MBK, and address mental health, art, music, and life skills, classes.
Next Milestone: 9/30/2023
Estimated Completion Date: 6/30/2024
304
34 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 2
Increase non-sports
programs/activities for residents
of all ages
Quality of
Life - - - - - -
I.M. 2.1 Add programs that promote
wellness & health. - 5% 1% Offer 10 wellness &
health programs 6 6 10
I.M. 2.2
Programs to promote
entrepreneurship & work
opportunities for youth and young
adults.
- 5% 1%
Offer 5
entrepreneurship &
work opportunities
programs
1 1 5
I.M. 2.3 Expansion of programs for seniors. - 5% 1% Add 5 senior programs 10 10 5
I.M. 2.4 Expand STEM & STEAM Programs. - 5% 1% Offer 4 STEAM programs 1 1 4
Goal 2 Subtotal - - 4% - - - -
305
35 REC-3: Launch My Brothers Keeper Pittsburg. (Quality of Life) Implementation Measure 3.1:
Goal/Implementation Measure: Complete Community Convening & Local Action Plan.
Status/Current Action
Underway:
Data collection and deep dive with Steering Committee to align with milestones and identify partners.
Next Milestone: 5/1/2023
Estimated Completion Date: 7/1/2024
Implementation Measure 3.2:
Goal/Implementation Measure: Complete Initial Certification with MBKA.
Status/Current Action
Underway:
Working with Steering Committee on the certification process.
Next Milestone: 6/30/2023
Estimated Completion Date: 9/30/2023
Implementation Measure 3.3:
Goal/Implementation Measure: Identify the Backbone Agency.
Status/Current Action
Underway:
Identify and interview youth providers that are currently doing work that aligns with MBK Pittsburg and its focus.
Next Milestone: 9/23/2023
Estimated Completion Date: 1/30/2024
Implementation Measure 3.4:
Goal/Implementation Measure: Develop and adopt the Local Action Plan.
Status/Current Action
Underway:
None.
Next Milestone: 1/1/2024
Estimated Completion Date: 7/30/2024
306
36 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 3 Launch MBK Pittsburg Quality of
Life - - - - - -
I.M. 3.1 Complete community convening - 0% 0% 1 Local Action Plan N/A N/A 1 I.M. 3.2 Complete initial certification with
MBK - 0% 75% 1 Certification N/A N/A 1
I.M. 3.3 Identify the Backbone Agency - 0% 0% 1 Agency Identified N/A N/A 1 I.M. 3.4 Develop and adopt the Local Action
Plan - 0% 0% 1 Plan Adopted N/A N/A 1
Goal 3 Subtotal - - 0% - - - -
307
37 REC-4: Address Youth & Young Adult Services Master Plan Objectives 1, 3, and 5. (Quality of Life) Implementation Measure 4.1:
Goal/Implementation Measure: Establish a database youth and young adult services to help identify underserved demographics.
Status/Current Action
Underway:
Creation of list
Next Milestone: Convene a series of interviews to discuss the needs of youth and young adults in the City.
Estimated Completion Date: August 2023
Implementation Measure 4.2:
Goal/Implementation Measure: Increase opportunities for youth civic engagement through service-learning projects and volunteerism.
Status/Current Action
Underway:
None
Next Milestone: Identify opportunities and ways to increase participation Estimated Completion Date: January 2024
Implementation Measure 4.3:
Goal/Implementation Measure: Partner with a multimedia organization to establish an Inspire Pittsburg design challenge and use the process to market youth involvement and civic responsibility.
Status/Current Action
Underway:
None
Next Milestone: Reviewing best practices for design challenges to develop the program.
Estimated Completion Date: September 2023
308
38 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 4 Address YYASMP Objectives 1, 3,
5 Quality of
Life - - - - - -
I.M. 4.1
Establish a database youth and
young adult services to help identify
underserved demographics.
- 50% 17% 1 database N/A N/A 1
I.M. 4.2
Increase opportunities for youth civic
engagement through service-
learning projects and volunteerism.
- 67% 22% N/A N/A N/A N/A
I.M. 4.3
Partner with a multimedia
organization to establish an Inspire
Pittsburg design challenge and use
the process to market youth
involvement and civic responsibility.
- 0% 0% 1 partnership N/A N/A 1
Goal 4 Subtotal - - 39% - - - -
309
39 FINANCE
FI-1: Migrate to new Enterprise Resource Planning (ERP) and Utility Billing Systems. (Efficiency) Implementation Measure 1.1:
Goal/Implementation Measure: Select a vendor for the new ERP and UB system.
Status/Current Action
Underway:
A consultant has been engaged to guide us through selection process, RFP has been released and five vendors have responded. Prepare a shortlist of vendors for demonstration and further evaluation.
Next Milestone: To be completed by 6/30/2023
Estimated Completion Date: 6/30/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Implement the Financial module of the ERP system.
Status/Current Action
Underway:
This phase will begin only after selection of the new ERP vendor.
Next Milestone: Officially select vendor 12/31/23
Estimated Completion Date: 6/30/2024
Implementation Measure 1.3:
Goal/Implementation Measure: Implement the Human Resources, Payroll, and Time entry modules of the new ERP system.
Status/Current Action
Underway:
This phase will begin only after selection of the new ERP vendor.
Next Milestone: Officially select vendor 12/31/23
Estimated Completion Date: 6/30/2024
Implementation Measure 1.4:
Goal/Implementation Measure: Implement the Utility Billing module of the new ERP system.
Status/Current Action
Underway:
This phase will begin only after the selection of the new ERP vendor.
Next Milestone: Officially select vendor 12/31/23
Estimated Completion Date: 6/30/2025
310
40 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024 Projected
Goal 1 Migrate to a New Enterprise
Resource Planning (ERP)
System.
Efficiency - - - - - -
I.M. 1.1 Identify and select a vendor. - 75% 19% 1 Vendor N/A N/A 1 I.M. 1.2 Implement the Financial
module of the new ERP
system.
- 0% 0% N/A N/A N/A N/A
I.M. 1.3 Implement the Human
Resources, Payroll, and Time
Entry modules of the new
ERP system.
- 0% 0% N/A N/A N/A N/A
I.M. 1.4 Implement the Utility Billing
Module of the new ERP
system.
- 0% 0% N/A N/A N/A N/A
Goal 1 Subtotal - - 19% - - - -
311
41 HUMAN RESOURCES
HR-1: Implement a public dashboard to promote City’s goals and Key Performance Indicators. (Efficiency) Implementation Measure 1.1:
Goal/Implementation Measure: Identify and select a vendor.
Status/Current Action
Underway:
Researched and met with four vendors; presented information to Government Perf. Ad Hoc Committee and Sr. Exec Team for feedback; select a vendor.
Next Milestone: 4/14/2023
Estimated Completion Date: 4/14/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Determine existing tools and reporting mechanisms across departments to import data into a dashboard.
Status/Current Action
Underway:
Met with IT to identify existing systems and capabilities to integrate with new performance dashboard.
Next Milestone: 5/19/2023
Estimated Completion Date: 5/19/2023
Implementation Measure 1.3:
Goal/Implementation Measure: Work with department teams to align and clarify goals and establish success measure timelines and KPIs.
Status/Current Action
Underway:
This process will begin once Council approves fiscal year goals.
Next Milestone: 6/30/2024
Estimated Completion Date: 6/30/2024
Implementation Measure 1.4:
Goal/Implementation Measure: Train staff on the dashboard and implement the tool.
Status/Current Action
Underway:
The vendor has established a training plan and process. Once goals are established and entered into the platform, department team members will learn how to manage goal updates and enter new goals into the system.
Next Milestone: 10/30/2023
Estimated Completion Date: 10/30/2023
312
42 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024 Projected
Goal 1 Implement a public
dashboard to promote
City’s goals & Key
Performance Indicators.
Efficiency - - - - - -
I.M. 1.1 Identify and select a vendor. - 100% 25% 1 Vendor N/A N/A 1 I.M. 1.2 Determine existing tools and
reporting mechanisms across
departments to import data
into a dashboard.
- 100% 25% N/A N/A N/A N/A
I.M. 1.3 Work with department teams
to align and clarify goals and
establish success measure
timelines and KPIs.
- 50% 13% N/A N/A N/A N/A
I.M. 1.4 Train staff on the dashboard
and implement tool. - 25% 6% N/A N/A N/A N/A
Goal 1 Subtotal - - 69% - - - -
313
43 HR-2: Implement a Learning Management System. (Efficiency) Implementation Measure 2.1:
Goal/Implementation Measure: Survey City employees to identify professional development/learning needs.
Status/Current Action
Underway:
In the process of establishing a survey.
Next Milestone: 10/30/2023
Estimated Completion Date: 10/30/2023
Implementation Measure 2.2:
Goal/Implementation Measure: Research, identify, and select a vendor to support learning goals. Implement a web-based LMS that includes the capability to support content development and classroom training tracking.
Status/Current Action
Underway:
Review survey results and begin the RFP process.
Next Milestone: 3/30/2024
Estimated Completion Date: 3/30/2024
Implementation Measure 2.3:
Goal/Implementation Measure: Implement software and integrate modules with performance program; train users.
Status/Current Action
Underway:
To begin after the selection of an LMS provider.
Next Milestone: 6/30/2024
Estimated Completion Date: 6/30/2024
314
44 Completion Progress Annual Trend
Applicable
City Priority
% IM
Complete
% Goal
Complete Target 2022
Actual 2023 Actual 2024 Projected
Goal 2 Implement a learning
management system. Efficiency - - - - - -
I.M. 2.1 Survey City employees to
identify professional
development/learning needs.
- 0% 0% 1 Survey N/A N/A 1
I.M. 2.2 Identify and select a vendor to
support learning goals;
tracking for web-based and
classroom.
- 0% 0% 1 Vendor N/A N/A 1
I.M. 2.3 Implement software and
integrate modules with
performance program; train
users.
- 0% 0% N/A N/A N/A N/A
I.M. 2.4 - 0% 0% N/A N/A N/A N/A
Goal 2 Subtotal - - 0% - - - -
315
45 POLICE DEPARTMENT
PD-1: Develop a Traffic Education/Engagement/Enforcement Plan (Public Safety) Implementation Measure 1.1:
Goal/Implementation Measure: Develop educational class for youth drivers.
Status/Current Action
Underway:
Development of curriculum that impacts new teenage drivers in a way that will demonstrate the dangers of distracted driving.
Next Milestone: Complete curriculum and schedule first course fall 2023.
Estimated Completion Date: 03/1/2023
Implementation Measure 1.2:
Goal/Implementation Measure: Social Media messaging regarding traffic safety, traffic laws, collision statistics as it relates to distracted driving, etc.
Status/Current Action
Underway:
Continuous
Next Milestone: Continuous
Estimated Completion Date: 03/1/2023
Implementation Measure 1.3:
Goal/Implementation Measure: Begin monthly meetings between the Police Department Traffic Divisions and city Traffic Engineers to review traffic collision data, community-generated concerns, and information from city staff.
Status/Current Action
Underway:
Utilize information from these meetings to create traffic-related strategies based on collision data, community-generated concerns, and collaboration between city staff to meet the city’s rising traffic congestion and traffic collision mitigation efforts.
Next Milestone: Continue monthly meetings and assist City Engineers with street lighting and traffic mitigation planning.
Estimated Completion Date: 12/1/2023
316
46 Completion Progress Annual Trend
Applicable
City
Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 1 Traffic Education/Engagement/
Enforcement Plan Safety - - - - - -
I.M. 1.1 Develop education classes for youth
drivers. - 0% 0%
Develop, Offer, and
completed 2 Driver
Education Classes
0 0 2
I.M. 1.2
Social Media messaging regarding
traffic safety, traffic laws, collision
statistics as it relates to distracted
driving, etc.
- 100% 33% N/A N/A N/A N/A
I.M. 1.3
Begin monthly meetings between the
Police Department Traffic Divisions
and city Traffic Engineers to review
traffic collision data, community-
generated concerns, and information
from city staff.
- 25% 8% N/A N/A N/A N/A
Goal 1 Subtotal - - 42% - - - -
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47 PD-2: Expand Retail/Commercial Enforcement (Public Safety) Implementation Measure 2.1:
Goal/Implementation Measure: Conduct quarterly Retail Enforcement Operations focused on commercial theft rings.
Status/Current Action
Underway:
The initial operation was completed spring of 2023. Planning and collaboration with outside agencies and businesses are underway for the next operation.
Next Milestone: Conduct 1st Quarter operation July 2023.
Estimated Completion Date: 5/31/2023
Implementation Measure 2.2:
Goal/Implementation Measure: The Police Department’s Commercial Retail Officer will develop a Retail Theft Forum to provide strategies to address the issue.
Status/Current Action
Underway:
Commercial Retail Officer will be attending Retail Theft training in the next 6 months.
Next Milestone: Commercial Retail Officer to hold Retail Theft training forum for commercial businesses using the Business Watch Program.
Estimated Completion Date: 12/1/2023
318
48 Completion Progress Annual Trend
Applicable
City
Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 2 Retail/Commercial Enforcement Public
Safety - - - - - -
I.M. 2.1
Conduct quarterly Retail
Enforcement Operations - 25% 13%
Conduct four Retail
Theft Enforcement
Operations
throughout the year
0 1 4
I.M. 2.2
The Police Department’s
Commercial Retail Officer will
develop a Retail Theft Forum to
provide strategies to address the
issue.
- 0% 0%
Develop and
complete 2 Retail
Theft Forums via
the Business
Watch Program
annually.
0 0 2
Goal 2 Subtotal - - 13% - - - -
PD-3: Conduct a Staffing Analysis for Community Needs (Public Safety) Implementation Measure 3.1:
Goal/Implementation Measure: Analyze how the Police Department deploys its Operations Units and Patrol Officers by geography, service call volume, types of calls, and the duration spent investigating those crimes.
Status/Current Action
Underway: Crime Analyst to begin compiling data to be used in the review.
Next Milestone: Create reports and review data to be utilized in the analysis Summer of 2023.
Estimated Completion Date: 10/31/2023
Implementation Measure 3.2:
Goal/Implementation Measure: Identify opportunities to change deployment strategies, shift coverage, work schedules/hours, and geographical boundaries to our current operations deployment strategy.
Status/Current Action
Underway:
Once analytics are compiled, staff will review the data and make recommendations.
Next Milestone: Form Police Department Steering Committee to review data and recommend adjustments.
Estimated Completion Date: 10/31/2023
319
49 Completion Progress Annual Trend
Applicable
City
Priority
% IM
Complete
% Goal
Complete Target 2022
Actual
2023
Actual
2024
Projected
Goal 3 Retail/Commercial Enforcement Safety - - - - - - I.M. 3.1
Analyze how the police department
deploys its Operations units and
patrol officers by geography, service
call volume, types of calls, and the
duration spent investigating those
crimes.
- 25% 13% N/A N/A N/A N/A
I.M. 3.2
Utilizing complied data, identify
opportunities to change deployment
strategies, shift coverages, work
schedules/hours, and geographical
boundaries of our current operations
deployment strategy
- 0% 0% N/A N/A N/A N/A
Goal 3 Subtotal - - 13% - - - -
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Combined Agency/City Council Minutes Page 1 of 4 August 21, 2023
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: August 21, 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)
Mayor Scales-Preston called the regular meeting to order at 7:43 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. after convening at 5:40 P.M. in Closed Session for the following items:
1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Section 54957
City Attorney
City Manager
2. CONFERENCE WITH LABOR NEGOTIATORS pursuant to Section 54957.6
City designated representatives: Mary Egan, MRG, LLC
Unrepresented employee: City Attorney and City Manager
Mayor Scales-Preston stated there were no reportable actions in Closed Session.
ROLL CALL
All members were present.
PLEDGE OF ALLEGIANCE
Chief Addington led the Pledge of Allegiance.
PRESENTATION
3. Presentation by Family Harvest Farms
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Combined Agency/City Council Minutes Page 2 of 4 August 21, 2023
4. Presentation by the Chamber of Commerce
5. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations
6. Presentation of the Accessory Dwelling Unit Guidebook and Pre-Approved Accessory Dwelling Unit Prototype Plan Set
Agenda items 5 and 6 were presented in order after the Proclamation for Calpine and their Carbon Capture Technology Project was read.
PROCLAMATIONS
7. Recognition of Calpine and Their Carbon Capture Technology Project
Proclamation was moved up in the agenda and read after item 4, Chamber of Commerce presentation.
CITY MANAGER REPORTS/REMARKS
City Manager Evans stated he would like to create an Ad-Hoc Subcommittee reviewing Fiscal Sustainability for the City. The duration would be approximately nine (9) months and conclude with the normal fiscal year 2024-2025 budget cycle.
Assistant City Manager Aliotti gave an update on upcoming City events and noted that the City Council will be taking a recess for the Labor Day holiday, therefore no meeting will be held on Monday, September 4, 2023. She also reminded everyone that City Council and Commission meetings will be held at the Marina Center, 340 Marina Blvd, Pittsburg, CA from August 28, 2023, through September 29, 2023.
PUBLIC COMMENTS
Comments on rent stabilization, tenant rights and deplorable living conditions were received from:
LaTina Simpkins
Edith Pastrono
Devin Williams
Ignacio Infante
Melanie Mendez
Nicole Arrington
Shawana Goode
Bruce Ohlson, Pittsburg, spoke in support of the Seafood Festival.
Mayor Scales-Preston acknowledged those who spoke regarding their housing concerns and asked staff to check in on Woods Grove apartments.
City Manager Evans stated he would have staff perform a rental inspection and give an update to the Life Enrichment Subcommittee.
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Combined Agency/City Council Minutes Page 3 of 4 August 21, 2023
COMMITTEE REPORTS
Member Lopez attended the Life Enrichment committee meeting.
Vice Mayor Banales attended the Finance committee meeting.
Member Killings attended the Economic Development committee meeting.
Member Adams attended the Infrastructure and Transportation committee meeting.
PUBLIC HEARING
13. Introduction and Waive First Reading of Two Ordinances: Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, and Amending Title 18 Miscellaneous Text Amendments
On Motion by Member Killings, seconded by Member Lopez to introduce and waive further reading of the ordinance amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwellings and carried unanimously.
On Motion by Member Killings, seconded by Member Lopez to introduce and waive further reading of the ordinance Amending Title 18 Miscellaneous Text Amendments and carried unanimously.
CONSIDERATION
14. Adoption of a City Council Resolution Accepting the Plans and Specifications, Approve and Allocate Additional Funds, and Awarding Project 2241-East Leland Pavement Maintenance Project.
Bruce Ohlson, Pittsburg, commented on lane striping and street safety.
On Motion by Vice Mayor Banales, seconded by Member Lopez to adopt and carried unanimously.
15. Adoption of a City Council Resolution Accepting the Plans and Specifications, and Awarding Project 2033-Loveridge Road Maintenance Project.
On Motion by Vice Mayor Banales, seconded by Member Adams to adopt and carried unanimously.
16. Adoption of a City Council Resolution to Approve the Staff Response to the Contra Costa County Civil Grand Jury Report No. 2306, Affordable Housing: “A Plan Without a Home”
On Motion by Member Lopez, seconded by Vice Mayor Banales to adopt and carried unanimously.
323
Combined Agency/City Council Minutes Page 4 of 4 August 21, 2023
CONFLICT OF INTEREST STATEMENT
There were no conflict of interest statements.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
Bruce Ohlson, Pittsburg, expressed safety concerns for pedestrians accessing proposed fields south of West Leland Road and east of John Henry Johnson Parkway. Suggested installation of a bicycle/pedestrian bridge or traffic signal (Item 19).
On Motion by Vice Mayor Banales, seconded by Member Adams to adopt and carried unanimously.
17. Minutes of August 7, 2023
18. Receive and File the Treasurer’s Report for the Quarter Ending June 30, 2023
19. Adoption of a City Council Resolution Authorizing Execution of the First Amendment to the Consultant Services Agreement with Gates+Associates for Project 3080-Premier Fields
20. Adoption of a City Council Resolution Authorizing the Purchase of Properties Fulfilling Specified Criteria
21. Adoption of a City Council Resolution Authorizing the Execution of Second Amendment to Consulting Agreement with 4LEAF, Inc. for Building Inspector and Chief Building Official Services
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
Mayor Scales-Preston thanked staff for the hard work that went into the Jazz, Blues, Funk Festival. She also thanked staff for organizing the Walking Tour of the Martinez and Benicia waterfronts, which she was able to attend along with Member Adams and Killings.
ADJOURNMENT
The meeting was adjourned at 10:06 P.M. to September 18, 2023.
Respectfully submitted,
Alice E. Evenson, City Clerk
324
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving a Lease Agreement Between the City of Pittsburg and the Bay Harbor Park Homeowners Association
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
Bay Harbor Park Homeowners Association (BHP HOA) owns Assessor’s Parcel Number (APN) 085-300-162, denoted as Parcel B on the BHP Subdivision Map in Attachment 3.
The City proposes to lease the southwestern most portion of Parcel B at the corner of Marina Boulevard and 3rd Street (the “Leased Property”) to host a decorative monument and conduct maintenance on the Leased Property.
FISCAL IMPACT
At $1 per month, the annual lease cost to the Marina Fund (550) is negligible.
RECOMMENDATION
City Council adopt a Resolution approving a Lease Agreement between the City and BHP HOA.
BACKGROUND
On June 27, 1988, through Resolution 88-7336, the City clarified acceptance of maintenance responsibility at the newly constructed BHP Subdivision. This included various water and sewer lines, as well as parcels bordering the Pittsburg Marina and New York Slough. Parcel B was excluded from the City’s maintenance responsibility. However, the City has conducted irrigation and lawn care to the Leased Property for several years at no cost.
325
Furthermore, the Pescatori, a commemorative boat monument was placed in the Leased Property and has been maintained by the City’s Marina Division for several years.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The 2023 winter storms caused a tree to fall and damage a fence on the eastern side of the Leased Property. Due to Resolution 88-7336, staff did not immediately repair the damaged fence. Similarly, due to normal maintenance of Parcel B by the City, the BHP HOA did not immediately repair the damaged fence. Parcel B is downtown’s connector to Pittsburg’s commercial waterfront. The City’s General Plan and Trust Lands Use Plan emphasize the importance of pedestrian flow from downtown to the waterfront. Disrepair and blight discourage this connection. The City, therefore, proposes to gain formal access to the Leased Property to continue providing regular maintenance of the Pescatori, surrounding landscaping, and fence.
ATTACHMENTS: Resolution
Lease
Bay Harbor Park Subdivision Map
Report Prepared By: Sara Bellafronte, Assistant to the City Manager 326
Resolution No. 23- Page 1 of 1 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving a Lease Agreement Between )
the City of Pittsburg and the Bay Harbor ) RESOLUTION NO. 23- Park Homeowners Association )
WHEREAS, Bay Harbor Park Homeowners Association (BHP HOA) owns Assessor’s Parcel Number 085-300-162, denoted as Parcel B on the BHP Subdivision Map; and
WHEREAS, on June 27, 1988, through Resolution 88-7336, the City clarified acceptance of maintenance responsibility at the newly constructed BHP Subdivision. The City has conducted irrigation and lawn care to approximately 2,800 square feet of the western portion of Parcel B (the “Leased Property”), at the intersection of 3rd Street and Marina Boulevard for several years at no cost to the BHP HOA; and WHEREAS, the Pescatori, a commemorative wooden boat monument, was placed on the Leased Property and has been maintained by the City’s Marina Division for several years; and
WHEREAS, City staff and the BHP HOA seek to further clarify the rights and responsibilities of the parties so that maintenance obligations are specified, minimizing blight and disrepair and encouraging pedestrian flow in the area; and WHEREAS, City staff propose to enter into a lease with the BHP HOA for exclusive use of the Leased Property to maintain the landscape, fence, and monument.
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 Bay Harbor Park Homeowners Association for the Leased Property.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
___________________________
Alice E. Evenson, City Clerk
327
328
329
330
331
332
333
334
335
336
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 3123—Oak Hills Park Restroom as Complete and Authorize the City Engineer to File a Notice of Completion
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
Project 3123—Oak Hills Park Restroom (the “Project”) included installing a pre- manufactured self-cleaning restroom at Oak Hills Park which, prior to this project, did not have an existing bathroom. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.
FISCAL IMPACT
The Project was funded with $600,000 from the Park Dedication Fund (Resolution Nos. 20- 13859 & 22-14125) for a total approved budget of $600,000.
After payment of all expenditures for design, construction, release of retention, and project close out, the total anticipated expenditures for the Project are $390,000.
An estimated Project Budget Summary is attached to this staff report.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Project as complete and authorize the City Engineer to execute a Notice of Completion.
BACKGROUND
On December 21, 2020, the City Council adopted Resolution No. 20-13859 approving Addendum One for the Five-Year Capital Improvement Program for Fiscal Years 2019/20 through 2023/24 allocating $500,000 from the PDF (Fund 304). 337
On July 18, 2022, the City Council adopted Resolution No. 22-14125 approving the Five- Year Capital Improvement Program for Fiscal Years 2022/23 through 2026/27 allocating $100,000 from the PDF (Fund 304).
On December 15, 2022, the project was advertised for construction.
On January 12, 2023, bids for construction of the Project opened, and Kerex Engineering, Inc. was the lowest most qualified bidder with a base bid in the amount of $96,400.
On February 6, 2023, the City Council adopted Resolution No. 23-14241 awarding a construction contract to Kerex Engineering, Inc. in the amount of $96,400.
On June 30, 2023, the contractor reached substantial completion of the Project, and the one-year warranty period began.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
The Project installed a self-cleaning restroom that will enhance residents experience while visiting the park.
During construction, there was a total of one contract change order issued in the amount of $19,989.80.
ATTACHMENTS: Resolution
Budget Summary
Notice of Completion
Report Prepared by: Gabriel Piña, Associate Engineer
338
Resolution No. 23- Page 1 of 2 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Project 3123—Oak Hills Park )
Restroom as Complete and Authorizing ) RESOLUTION NO. 23- the City Engineer to File a Notice of )
Completion )
WHEREAS, the Project installed a new self-cleaning restroom at Oak Hills Park; and
WHEREAS, on December 21, 2020, the City Council adopted Resolution No. 20- 13859 approving Addendum One for the Five-Year Capital Improvement Program for Fiscal Years 2019/20 through 2023/24 allocating $500,000 from the Park Dedication Fund (Fund 304) to Project 3123—Oak Hills Park Restroom (the “Project”); and WHEREAS, on July 18, 2022, the City Council adopted Resolution No. 22-14125 approving the Five-Year Capital Improvement Program for Fiscal Years 2022/23 through 2026/27 allocating $100,000 from the PDF (Fund 304) to the Project; and WHEREAS, on December 15, 2022, the project was advertised for construction; and
WHEREAS, on January 12, 2023, bids for construction of the Project opened, and Kerex Engineering, Inc. was the lowest most qualified bidder with a base bid in the amount of $96,400; and
WHEREAS, on February 6, 2023, the City Council adopted Resolution No. 23- 14241 accepting the plans and specifications and awarding a construction contract to Kerex Engineering, Inc. in the amount of $96,400; and
WHEREAS, there was one contract change order in the amount of $19,989.80 for a total contract amount of $116,3889.80; and
WHEREAS, on June 30, 2023, the contractor reached substantial completion and the one-year warranty period began; and
WHEREAS, the total anticipated expenditures for the Project including design, construction, and staff costs are $390,000, and the estimated remaining balance will be returned to the funding source for use on future projects; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the Project as complete and authorizes the City Engineer to execute a Notice of Completion and file said document with the Office of the Recorder of the County of Contra Costa, State of California, within 10 days from the date hereof. 339
Resolution No. 23- Page 2 of 2 September 18, 2023 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
340
Budget Summary
Project 3123-Oak Hills Park Restroom
Project Funding:
PDF Fund (2020 Allocation) $500,000
PDF Fund (2022 Allocation) $100,000
Funding Total $600,000
Project Expenditures:
Design:
(Code 2122) Design $32,000
Subtotal $32,000
Miscellaneous:
(Code 1399) Advertising $2,000
Subtotal $2,000
Construction:
(Code 2281) Construction $310,000
Subtotal $310,000
Staff Time:
(Code 1101) Staff Costs $23,000
Subtotal $23,000
Admin:
(Code 2372) Administrative Overhead Costs $23,000
Subtotal $23,000
Estimated Total Expenditures $390,000
341
Oak Hills Park Restroom 2022 Form NOTICE OF COMPLETION
Project 3123 Page 1 of 1
Recording Requested By:
The City of Pittsburg
When Recorded Mail To:
Gabriel Piña, Associate Engineer
65 Civic Avenue
Pittsburg, CA 94565
EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE § 27383
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE
NOTICE OF COMPLETION
Civil Code §§ 8182, 8184, 9204, and 9208
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is the agent of the owner of the Project described below.
2. Owner’s full name is The City of Pittsburg (“City”)
3. City’s address is 65 Civic Ave, Pittsburg, CA 94565
4. The nature of City’s interest in the Project is:
_X_ Fee Ownership __ Lessee __ Other:__________________
5. Construction work on the Project performed on City’s behalf is generally described as follows: installation of a new Exeloo restroom at Oak Hills Park in Pittsburg, CA.
6. The name of the original Contractor for the Project is: Kerex Engineering, Inc. located at 4941 Pacheco Blvd., Martinez, CA.
7. The Project was accepted as complete on: September 18, 2023.
8. The Project is located at: Oak Hills Park in Pittsburg, CA.
Verification: In signing this document, I, the undersigned, declare under penalty of perjury under the laws of the State of California that I have read this notice, and I know and understand the contents of this notice, and that the facts stated in this notice are true and correct. __________________________ ________________________________ Date and Place Signature
________________________________
Name and Title
EXEMPT FROM NOTARY ACKNOWLEDGMENT REQUIREMENTS PER
GOVERNMENT CODE § 27287 AND CIVIL CODE § 9208
342
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 Plans and Specifications and Awarding Project 3019—Reviving the Heart of Pittsburg Pride
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
This project is for the construction of a new pocket park, streetscape, and signage at several locations along Railroad Avenue from 17th Street to 8th Street. If adopted, this resolution will accept the project plans and specifications and authorize the City Manager to award a construction contract to CWS Construction Group, Inc.
FISCAL IMPACT
The proposal from CWS Construction Group, Inc. is $2,637,314. Funding for construction will be provided by the $2,891,962 Clean California Local Grant (Resolution No. 22-14105), $388,000 of American Rescue Plan Act Funds (Resolution No. 23-14313) and $62,000 of General Fund Surplus Funds (Resolution No. 23-14313) as previously allocated to the project.
The project budget does not include any money for Administrative Overhead because the grant has specific language stating that Administrative Overhead is not a reimbursable expense.
The Budget Summary is attached to this report.
RECOMMENDATION
City Council adopt the attached resolution to accept the plans and specifications and authorize the City Manager to execute a construction contract for Project 3019 with CWS Construction Group, Inc. for a total amount of $2,637,314.
Staff recommends that the City Council allocate a construction contingency of $172,085 for any unanticipated costs and contract change orders.
343
Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.
BACKGROUND
On June 6, 2022, the City Council adopted Resolution No. 22-14105 accepting the $2,891,962 Clean California Grant for the design and construction of the Project.
On June 5, 2023, the City Council adopted Resolution No. 23-14313 allocating $388,000 from ARPA funds and $62,000 from General Fund Surplus funds to the Project.
On July 7, 2023, staff advertised the project for bids.
On Monday, July 31, 2023, construction bids were due to the City, no bids were received.
The City then reached out to multiple contractors to submit proposals for the construction of the Project.
On Tuesday August 29, 2023, the City reached an agreement with CWS Construction Group, Inc. to construct the project with a revised scope. The revisions removed the installation of a precast wall, landscaping work, and earthwork. The total cost that CWS Construction Group, Inc. and the City agreed upon for the construction of the project with the updated scope is $2,637,314.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
Railroad Avenue is a very popular corridor in the City of Pittsburg, supplying a gateway to the downtown area. This Project will beautify this frequented road to provide a more aesthetically pleasing experience for people while visiting our prominent downtown area.
The last time Railroad Avenue north of Highway 4 approaching downtown received a substantial investment was over 35 years ago.
ATTACHMENTS: Budget Summary
Resolution
Contract
Report Prepared By: Gabriel Piña, Associate Engineer
344
Budget Summary
Project 3019 — Reviving the Heart of Pittsburg Pride
Project Funding
Clean CA Local Grant $2,891,962
American Rescue Plan Act $388,000
General Fund Surplus $62,000
Funding Total $3,341,962
Project Expenditures:
Design:
(Code 2122) Design Consultant $486,563
Subtotal $486,563
Miscellaneous:
(Code 1399) Advertising $1,000
Subtotal $1,000
Construction: Construction $2,637,314
(Code 2281) Material Testing $15,000
Construction Contingency $172,085
Subtotal $2,824,399
Staff Time:
(Code 1101) Staff Costs $30,000
Subtotal $30,000
Admin:
(Code 2372) Overhead Costs $0
Subtotal $0
Estimated Total Expenditures $3,341,962
345
Resolution No. 23- Page 1 of 2 August 21, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Adoption of a City Council Resolution )
Accepting the Plans and Specifications )
and Awarding Project 3019 Reviving the ) RESOLUTION NO. 23- Heart of Pittsburg Pride )
WHEREAS, Project 3019—Reviving the Heart of Pittsburg Pride (the “Project”) will install a new pocket park, streetscape, and signage at several locations along Railroad Avenue from 17th Street to 8th Street; and
WHEREAS, on June 6, 2022, the City Council adopted Resolution No. 22-14105 accepting the Clean California Grant allocating $2,891,962 to the Project; and WHEREAS, on June 5, 2023, the City Council adopted Resolution No. 23-14313 allocating $388,000 from American Rescue Plan Act (ARPA) Fund and $62,000 from the General Fund Surplus Fund to the Project; and
WHEREAS, on July 7, 2023, staff advertised the Project for bids; and WHEREAS, on July 31, 2023, Project construction bids were due, no bids were received; and
WHEREAS, on August 29, 2023, the City reached an agreement with CWS Construction Group, Inc. to construct Project 3019 with a revised scope; and WHEREAS, staff recommends that the City Council accept the plans and specifications; and
WHEREAS, staff recommends that the City Manager be authorized to execute an agreement with CWS Construction Group, Inc. in an amount not to exceed $2,637,314 for the Project construction; and
WHEREAS, staff further recommends establishing a construction contingency in the amount of $172,085 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.
346
Resolution No. 23- Page 2 of 2 August 21, 2023 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pittsburg hereby accepts the plans and specifications, authorizes the City Manager to execute a construction contract with CWS Construction Group, Inc., authorizes a construction contingency in the amount of $172,085, authorizes the City Engineer or his designee to approve contract change orders for this Project for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
347
Reviving the Heart of Pittsburg Pride 2022 Form C ONTRACT Project 3019 Page 1
Contract
This public works contract (“Contract”) is entered into by and between City of Pittsburg (“City”) and CWS Construction Group, Inc. (“Contractor”), for work on the Reviving the Heart of Pittsburg Pride (“Project”).
The parties agree as follows:
1. Award of Contract. In response to the Notice Inviting Bids, Contractor has submitted a Bid Proposal to perform the Work to construct the Project. On September 18, 2023, City authorized award of this Contract to Contractor for the amount set forth in Section 4, below.
2. Contract Documents. The Contract Documents incorporated into this Contract include and are comprised of all of the documents listed below. The definitions provided in Article 1 of the General Conditions apply to all of the Contract Documents, including this Contract.
2.1 Notice Inviting Bids;
2.2 Instructions to Bidders;
2.3 A d d e n d a , i f a n y ;
2.4 Bid Proposal and attachments thereto;
2.5 C o n t r a c t ;
2.6 Payment and Performance Bonds;
2.7 G e n e r a l C o n d i t i o n s ;
2.8 S p e c i a l C o n d i t i o n s ;
2.9 Project Plans and Specifications;
2.10 Change Orders, if any;
2.11 Notice of Potential Award;
2.12 Notice to Proceed; and
2.13 Notice of Completion
3. Contractor’s Obligations. Contractor will perform all of the Work required for the Project, as specified in the Contract Documents. Contractor must provide, furnish, and supply all things necessary and incidental for the timely performance and completion of the Work, including all necessary labor, materials, supplies, tools, equipment, transportation, onsite facilities, and utilities, unless otherwise specified in the Contract Documents. Contractor must use its best efforts to diligently prosecute and complete the Work in a professional and expeditious manner and to meet or exceed the performance standards required by the Contract Documents.
4. Payment. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract Documents, City will pay Contractor $2,637,314 (“Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions in the General Conditions.
5. Time for Completion. Contractor will fully complete the Work for the Project, meeting all requirements for Final Completion, within 250 calendar days from the commencement date given in the Notice to Proceed (“Contract Time”). By signing below, Contractor expressly waives any claim for delayed early completion.
6. Liquidated Damages. As further specified in Section 5.4 of the General Conditions, if Contractor fails to complete the Work within the Contract Time, City will assess liquidated 348
Reviving the Heart of Pittsburg Pride 2022 Form C ONTRACT Project 3019 Page 2
damages in the amount of $2,959 per day for each day of unexcused delay in achieving Final Completion, and such liquidated damages may be deducted from City’s payments due or to become due to Contractor under this Contract.
7. Labor Code Compliance.
7.1 General. This Contract is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers’ compensation insurance, as further specified in Article 9 of the General Conditions.
7.2 Prevailing Wages. This Project is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are available online at http://www.dir.ca.gov/DLSR .
7.3 DIR Registration. City may not enter into the Contract with a bidder without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations to perform public work pursuant to Labor Code § 1725.5, subject to limited legal exceptions.
8. Workers’ Compensation Certification. Pursuant to Labor Code § 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.”
9. Conflicts of Interest. Contractor, its employees, Subcontractors and agents, may not have, maintain or acquire a conflict of interest in relation to this Contract in violation of any City ordinance or requirement, or in violation of any California law, including Government Code § 1090 et seq., or the Political Reform Act, as set forth in Government Code § 81000 et seq. and its accompanying regulations. Any violation of this Section constitutes a material breach of the Contract.
10. Independent Contractor. Contractor is an independent contractor under this Contract and will have control of the Work and the means and methods by which it is performed. Contractor and its Subcontractors are not employees of City and are not entitled to participate in any health, retirement, or any other employee benefits from City.
11. Notice. Any notice, billing, or payment required by or pursuant to the Contract Documents must be made in writing, signed, dated and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, or by email as a PDF file. Notice is deemed effective upon delivery, except that service by U.S. Mail is deemed effective on the second working day after deposit for delivery. Notice for each party must be given as follows:
City:
Engineering Division
65 Civic Avenue
Pittsburg CA. 94565
Attn: Gabriel Piña, Associate Engineer
[email protected]
349
Reviving the Heart of Pittsburg Pride 2022 Form C ONTRACT Project 3019 Page 3
Contractor:
Name:_____________________________________
Address:___________________________________
C i t y / S t a t e / Z i p : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P h o n e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A t t n : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Email:______________________________________
C o p y t o : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
12. General Provisions.
12.1 Assignment and Successors. Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
12.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Contract.
12.3 Governing Law and Venue. This Contract will be governed by California law and venue will be in the Contra Costa County Superior Court, and no other place.
Contractor waives any right it may have pursuant to Code of Civil Procedure § 394, to file a motion to transfer any action arising from or relating to this Contract to a venue outside of Contra Costa County, California.
12.4 Amendment. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract.
12.5 Integration. This Contract and the Contract Documents incorporated herein, including authorized amendments or Change Orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor.
12.6 Severability. If any provision of the Contract Documents is determined to be illegal, invalid, or unenforceable, in whole or in part, the remaining provisions of the Contract Documents will remain in full force and effect.
12.7 Iran Contracting Act. If the Contract Price exceeds $1,000,000, Contractor certifies, by signing below, that it is not identified on a list created under the Iran Contracting Act, Public Contract Code § 2200 et seq. (the “Act”), as a person engaging in investment activities in Iran, as defined in the Act, or is otherwise expressly exempt under the Act.
12.8 Authorization. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents, and that this Contract is legally binding on that party. If Contractor is a corporation, signatures from two officers of the corporation are required pursuant to California Corporation Code § 313.
CWS Construction Group Inc
[email protected]
[email protected]
Charlie Slack
415-599-6545
Novato, CA 94945
1301 Grant Ave, Suite B
350
Reviving the Heart of Pittsburg Pride 2022 Form C ONTRACT Project 3019 Page 4
The parties agree to this Contract as witnessed by the signatures below:
CITY: A p p r o v e d a s t o f o r m :
s/_______________________________ s/__________________________________
________________________________ ___________________________________ Name, Title Name, Title
Date: ___________________________ Date: ______________________________
Attest:
s/_______________________________
_________________________________
Name, Title
Date: ___________________________
CONTRACTOR: ___________________________________________________ Business Name
s/_______________________________ Seal:
_________________________________
Name, Title
Date: ____________________________
Second Signature (See Section 12.8):
s/_______________________________
_________________________________
Name, Title
Date: ____________________________
___________________________________________________
Contractor’s California License Number(s) and Expiration Date(s)
END OF CONTRACT
811153, A,B 4/30/25
9/5/23
Charlie Slack, president
9/5/23
Charlie Slack Jr, Secretary
CWS Construction Group Inc
351
Reviving the Heart of Pittsburg Pride 2022 Form P AYMENT BOND Project 3019 Page 5
Payment Bond
City of Pittsburg (“City”) and CWS Construction Group, Inc. (“Contractor”) have entered into a contract for work on the Reviving the Heart of Pittsburg Pride (“Project”). The Contract is incorporated by reference into this Payment Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ____________________________, its surety (“Surety”), are bound to City as obligee in an amount not less than $_________________, under California Civil Code § 9550 et seq., to ensure payment to authorized claimants. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligation. If Contractor or any of its Subcontractors fails to pay a person authorized in California Civil Code § 9100 to assert a claim against a payment bond, any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor and its Subcontractors under California Unemployment Insurance Code § 13020 with respect to the work and labor, then Surety will pay the obligation.
3. Beneficiaries. This Bond inures to the benefit of any of the persons named in California Civil Code § 9100, so as to give a right of action to those persons or their assigns in any suit brought upon this Bond. Contractor must promptly provide a copy of this Bond upon request by any person with legal rights under this Bond.
4. Duration. If Contractor promptly makes payment of all sums for all labor, materials, and equipment furnished for use in the performance of the Work required by the Contract, in conformance with the time requirements set forth in the Contract and as required by California law, Surety’s obligations under this Bond will be null and void. Otherwise, Surety’s obligations will remain in full force and effect.
5. Waivers. Surety waives any requirement to be notified of alterations to the Contract or extensions of time for performance of the Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845. City waives the requirement of a new bond for any supplemental contract under Civil Code § 9550. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _____________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ___________________________________________________ Email: ____________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
[Signatures are on the following page.]
352
Reviving the Heart of Pittsburg Pride 2022 Form P AYMENT BOND Project 3019 Page 6
7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20__.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF PAYMENT BOND
353
Reviving the Heart of Pittsburg Pride 2022 Form PERFORMANCE BOND Project 3019 Page 7
Performance Bond
The City of Pittsburg (“City”) and CWS Construction Group, Inc. (“Contractor”) have entered into a contract for work on the Reviving the Heart of Pittsburg Pride (“Project”). The Contract is incorporated by reference into this Performance Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and ___________________________, its surety (“Surety”), are bound to City as obligee for an amount not less than $__________________ to ensure Contractor’s faithful performance of its obligations under the Contract. This Bond is binding on the respective successors, assigns, owners, heirs, or executors of Surety and Contractor.
2. Surety’s Obligations. Surety’s obligations are co-extensive with Contractor’s obligations under the Contract. If Contractor fully performs its obligations under the Contract, including its warranty obligations under the Contract, Surety’s obligations under this Bond will become null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
3. Waiver. Surety waives any requirement to be notified of and further consents to any alterations to the Contract made under the applicable provisions of the Contract Documents, including changes to the scope of Work or extensions of time for performance of Work under the Contract. Surety waives the provisions of Civil Code §§ 2819 and 2845.
4. Application of Contract Balance. Upon making a demand on this Bond for completion of the Work prior to acceptance of the Project, City will make the Contract Balance available to Surety for completion of the Work under the Contract. For purposes of this provision, the Contract Balance is defined as the total amount payable by City to Contractor as the Contract Price minus amounts already paid to Contractor, and minus any liquidated damages, credits, or backcharges to which City is entitled under the terms of the Contract.
5. Contractor Default. Upon written notification from City of Contractor’s termination for default under Article 13 of the Contract General Conditions, time being of the essence, Surety must act within the time specified in Article 13 to remedy the default through one of the following courses of action:
5.1 Arrange for completion of the Work under the Contract by Contractor, with City’s consent, but only if Contractor is in default solely due to its financial inability to complete the Work;
5.2 A r r a n g e f o r c o m p l e t i o n o f t h e W o r k u n d e r t h e C o n t r a c t b y a q u a l i f i e d c o n t r a c t o r acceptable to City, and secured by performance and payment bonds issued by an admitted surety as required by the Contract Documents, at Surety’s expense; or
5.3 Waive its right to complete the Work under the Contract and reimburse City the amount of City’s costs to have the remaining Work completed.
6. Surety Default. If Surety defaults on its obligations under the Bond, City will be entitled to recover all costs it incurs due to Surety’s default, including legal, design professional, or delay costs.
7. Notice. Any notice to Surety may be given in the manner specified in the Contract and sent to Surety as follows:
Attn: ______________________________________________________ Address: __________________________________________________ City/State/Zip: ______________________________________________ Phone: ____________________________________________________ Fax: ______________________________________________________ Email: ____________________________________________________ 354
Reviving the Heart of Pittsburg Pride 2022 Form PERFORMANCE BOND Project 3019 Page 8
8. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
9. Effective Date; Execution. This Bond is entered into and effective on ____________________, 20___.
SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney)
CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF PERFORMANCE BOND
355
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 FEMA Hazard Mitigation Grant Funds for Project 8336, Americana Park Bypass Channel
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
The City has been awarded a grant in the amount of $374,879 for Project 8336 - Americana Park Bypass Channel Project (the “Project”). If approved, the resolution will authorize the allocation of the grant funds for a total approved project budget of $1,276,678.
FISCAL IMPACT
Under FEMA grant guidelines, the $374,879 Hazard Mitigation Grant requires local matching funds in the amount of $124,959. These funds have been allocated from Infrastructure Repair and Replacement (Fund 310), Water Operations (Fund 501), and Highway Users Tax Account (HUTA, Fund 302) to meet the local matching requirement.
RECOMMENDATION
City Council adopt the attached resolution accepting the $374,879 FEMA Hazard Mitigation Grant.
BACKGROUND
On June 2, 2008, the City Council and Redevelopment Agency adopted Resolutions No. 08- 11021 and No. 08-1287, respectively, allocating $200,000 to the Project.
On December 19, 2011, the City Council adopted Resolution No.11-11745, approving the allocation of funds to the California Theater Project and a special reserve fund to pay the City’s enforceable obligation to the State of California and cover future budget shortfalls.
This Resolution reduced the Project budget by $80,000 resulting in a Project budget of $120,000.
356
March 17, 2014, City Council adopted Resolution No.14-12100 approving the allocation of $580,000 from Infrastructure Repair and Replacement (Fund 310) to the Project.
October 16, 2017, City Council adopted Resolution No. 17-13385 authorizing staff to apply for the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP).
September 26, 2022, FEMA awarded the City the HGMP funds in the amount of $374,879 for the Project.
June 15, 2023, City Council Resolution adopted Resolution No. 23-14318, approving the five-year Capital Improvement Program, allocating $101,800 from HUTA (Fund 203) and $100,000 from Water Operation (Fund 501).
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The 2.2 acre park located adjacent to the PG&E transmission line corridor and south of North Parkside Drive has experienced frequent flooding. The Project will improve the storm drainage challenges along North Parkside Drive adjacent to Americana Park. Redirecting the storm water away from Americana Park will benefit the Pittsburg community.
ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Khristin Labao, Assistant Engineer
357
Resolution No. 23- Page 1 of 2 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Federal Emergency ) RESOLUTION NO. 23-
Management Agency Hazard )
Mitigation Grant for Project 8336 – )
Americana Park Bypass Channel )
WHEREAS, Project 8336 – Americana Park Bypass Channel Project (the “Project”) is for constructing storm drainage improvements throughout the northern part of the City; and
WHEREAS, on June 2, 2008, the City Council and Redevelopment Agency adopted Resolutions No. 08-11021 and No. 08-1287, respectively, amending the Redevelopment Agency list of project, allocations, and funding sources. These resolutions allocated $200,000 to the Project; and
WHEREAS, staff has identified the frequent flooding of North Parkside Drive adjacent to Americana Park as a storm drainage problem to be remedied with the Project; and WHEREAS, on December 19, 2011, the City Council adopted Resolution No. 11- 11745, allocating funds to the California Theater Project and a special reserve fund to pay the City’s enforceable obligation to the State of California and cover future budget shortfalls.
This Resolution reduced the Project budget by $80,000 resulting in a Project budget of $120,000; and
WHEREAS, on March 17, 2014, City Council adopted Resolution No. 14-12100 approving the allocation of $580,000 from Infrastructure Repair and Replacement (Fund 310) to the Project; and
WHEREAS, on October 16, 2017, City Council adopted Resolution No. 17-13385 authorizing staff to apply for the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP); and
WHEREAS, on September 26, 2022, FEMA awarded the City the HGMP funds in the amount of $374,879 for the Project; and
WHEREAS, on June 15, 2023, City Council adopted Resolution 23-14318, approving the Five-Year Capital Improvement Program for fiscal years 2023/24 through 2027/28, allocating $101,800 from HUTA (Fund 203) and $100,000 from Water Operation (Fund 501); and
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the FEMA Hazard Mitigation Grant in the amount of $374,879 for Project 8336. 358
Resolution No. 23- Page 2 of 2 September 18, 2023 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
359
Contract 2009‐01, Americana Park Bypass Channel
Project 8336
Project Funding:
Tsfrs‐In from (5938) $89,127
$30,872
$374,879
$580,000
$100,000
$101,800
Funding Total $1,276,678
Project Expenditures:
Design: Consultant Design $50,330
(Code 2122) Permitting (USACE, USDFW, HCP, etc.) $45,000 Consultant Design Amendments 1‐6 $221,800
Subtotal $317,130
Miscellaneous: Advertising $2,300
(Code 1399) $9,600
Subtotal $11,900
Construction:
(Code 2281) $597,419
$59,742
$126,830
$14,442
$4,498
Subtotal $802,931
Staff Time: Staff Design $10,000
(Code 1101) $21,000
Subtotal $31,000
Admin: Staff Design $10,000
(Code 2372) Staff Construction Management $21,000
Subtotal $31,000
Expenditures from Previous Storm Drain Projects (Construction Total) 82,717$ Expenditures Total $1,276,678
Construction Contingency (10%)
Construction Monitoring Fee
East Contra Costa HCP Impact Fees
Material Testing
Staff Construction Management
Construction
Tsfr‐In from (5940)
Federal Emergency Management Agency (FEMA) Hazard
New Allocation from Infrastructure Repair and Replacement Fund Water Operations Fund (501)
HUTA (Fund 203)
360
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 Proposition 68 Per Capita Grant Fund and Urban Counties Grant for Project 3040- Buchanan Park Pond Loop Replacement.
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
The State of California Department of Parks has awarded Per Capita Grant funds to Project 3040 - Buchanan Park Pond Loop Replacement (the “Project”). If adopted, this resolution will accept the grant funds and allocate $222,288 to the Project.
FISCAL IMPACT
The total project budget is $222,288. The City is not required to allocate any matching funds for this grant.
The Project Budget Summary is attached.
RECOMMENDATION
City Council adopt the attached resolution accepting $222,288 from the California Department of Parks and Recreation’s Proposition 68 Per Capita Grant.
BACKGROUND
On June 5, 2018, California voters approved Proposition 68, to create the California Drought, Water, Parks, Climate, Coastal Protection and Outdoor Access for All Act of 2018.
On October 4, 2021, the City Council authorized the filing of a project application of the Per Capita Grant, Resolution No. 21-13999.
On April 5, 2022, the City of Pittsburg was awarded $222,288 from the Capita Grant. 361
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee
STAFF ANALYSIS
The Per Capita Grant awards to cities, counties, and special districts to support recreation capital projects at recreation facilities. The amount of the award is based on the recipients’ population, and median household income. Based on this criteria, the City was eligible to receive $222,288 to rehabilitate existing infrastructure or construct new facilities.
Buchanan Park was selected as a recipient for the grant funds due to the pivotal role it plays as one of the City’s most active parks. The existing path around the pond has deteriorated with significant damage from the tree roots and the nearby pond. Addressing this issue will increase the safety of park visitors and assist in preserving the park’s status.
The Project includes the replacement of sections of the current pond-side walkway and installation of slope protection to stabilize the path and prevent erosion.
ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Alex Ruiz, Assistant Engineer
362
Resolution No. 23- Page 1 of 2 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Proposition 68 Per Capita )
and Urban Counties Grant Fund for )
Project 3040 – Buchanan Park Pond ) RESOLUTION NO. 23-
Loop Replacement )
WHEREAS, Project 3040-Buchanan Park Pond Loop Replacement (the “Project”), includes the replacement of portions of the existing walkway around the pond and slope protection to stabilize the walkway; and
WHEREAS, on October 4, 2021, City Council adopted Resolution No. 21-13999 authorizing an application to the Proposition 68 Per Capita Grant; and WHEREAS, on April 5, 2022, the City was awarded Proposition 68 Per Capita Grant funds in the amount of $222,288; and
WHEREAS, the State of Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program; and
WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s); and,
WHEREAS, the City certifies that the project proposed will be consistent with the park and recreation element of the City of Pittsburg General Plan (PRC §80063(a)); and, WHEREAS, the City certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)); and WHEREAS, the City certifies that it will comply with the provisions of §1771.5 of the State Labor Code; and,
WHEREAS, the City agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and, WHEREAS, there is no legal impediment to the City making applications for or being granted the funds, and there is no pending or threatened litigation that might in any way adversely affect the Project or the ability of the City to deliver such project; and, WHEREAS, staff recommends the Per Capita Grant Funds in the amount of $222,288 be allocated to Project 3040.
363
Resolution No. 23- Page 2 of 2 September 18, 2023 NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the Proposition 68 Per Capita grant award in the amount of $222,288.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September, 2023 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
364
Budget Summary
Project 3040 Buchanan Park Pond Loop Project
Funding: Per Capita Grant (18-07-030) $177,952
Urban Counties Grant (18-07-031) $44,336
Funding Total $222,288
Expenditures:
Salaries & Wages Staff Oversight - Project Management $15,000 (Code 1101)
Administrative Overhead Staff Oversight - Project Management $15,000 (Code 2372)
Construction Construction $192,288
(Code 2188)
Estimated Total Expenditures $222,288
365
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 a Federal Earmark and Authorizing Matching Funds for Design and Construction of the Pittsburg Center Smart Pilot Project
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
On March 10 ,2022, Congressman Mark DeSaulnier announced that he secured $9,061,000 for community projects throughout Contra Costa County. The funding was allotted to help fund ten (10) projects. One of the projects selected included the Pittsburg Center Smart Pilot Project (the “Project”).
FISCAL IMPACT
The City anticipates a Federal Earmark of $1,200,000 for the Project. The minimum local match is 11.47 % ($137,640). Matching funds were originally allocated for fiscal year 2024/2025, however staff is requesting that the funds be appropriated for fiscal year 2023/2024.
RECOMMENDATION
City Council adopt the attached resolution accepting the Federal Earmark, commit to an allocation of local matching funds, and state assurance to complete the Project.
BACKGROUND
Congress provided member-directed federal funding to a select number of community projects through the appropriation process. Each house member was allowed to submit 10 project requests on behalf of their Congressional District to the Appropriations Committee.
On April 28, 2021, Congressman Mark DeSaulnier requested funding for the Pittsburg Center Smart City Pilot in Fiscal Year 2022.
366
On March 10, 2022, Congressman Mark DeSaulnier announced he secured $9 million for projects throughout the Conta Costa County in an appropriation minibus, which passes the U.S House of Representatives by a vote of 219-to-208.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The Project includes the implementation of Smart City technologies by outfitting the ¼ mile transportation grid surround the Pittsburg Center BART station with connected technologies.
These technologies can encompass adaptive streetlights, digital/static wayfinding signage, bicycle detection, and connected traffic signals. By creating a safer environment surrounding the Pittsburg Center BART station; transit, bicycling and walking are encouraged.
The 11.47% matching funds will be from Fund 203, HUTA Gas Tax funds. The total funds allocated will cover the cost of design and construction.
ATTACHMENTS: Resolution
Congressman Mark Desauliner Letter
Allocation Letter
Report Prepared By: Julissa Rico Ruiz, Consultant Engineer 367
Resolution No. 23- Page 1 of 1 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting a Federal Earmark and Authorizing )
Matching Funds for Design and Construction ) RESOLUTION NO. 23- of the Pittsburg Center Smart City Pilot Project )
WHEREAS, the City has been awarded a Federal Earmark by Congressman Mark DeSaulnier in the amount of $1,200,000 for the construction and design of the Pittsburg Center Smart Pilot Project (the “Project”); and
WHEREAS, the Project will implement smart city technologies by outfitting ¼ mile transportation grid surrounding the Pittsburg Center BART Station with connected technologies; and
WHEREAS, the federal Earmark requires matching funds from the City in the amount of $137,640.
NOW, THEREFORE, IT BE RESOLVED that the City Council of the City of Pittsburg hereby accepts the Federal Earmark in the amount of $1,200,000, and authorizes allocation of $137,460 from the HUTA Gas Tax (Fund 203) as the matching funds for the design and construction of the Project.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
________________________________
Alice E. Evenson, City Clerk
368
April 28, 2021
The Honorable Rosa DeLauro The Honorable Kay Granger
Chairwoman Ranking Member
House Committee on Appropriations House Committee on Appropriations H-307 The Capitol 1036 Longworth House Office Building Washington, DC 20515 Washington, DC 20515
Dear Chair DeLauro and Ranking Member Granger:
I am requesting funding for the Pittsburg Center Smart City Pilot in Fiscal Year 2022.
The entity to receive funding for this project is the City of Pittsburg located at 65 Civic Drive, Pittsburg, California 94565.
The funding would be used to implement Smart City technologies by outfitting the ¼ mile transportation grid surrounding the Pittsburg Center BART station with connected technologies such as adaptive street lights, connected traffic signals, and digital and static wayfinding signage.
These upgrades will help encourage transit use, encourage walking and bicycling by creating safer and more complete streets, alleviate traffic, and attract local business.
I certify that neither I nor my immediate family has any financial interest in this project.
Sincerely,
Mark DeSaulnier
Member of Congress
369
U.S. Department
of Transportation
Federal Highway
Administration
Memorandum
Subject: ACTION: Allocation of Highway Infrastructure
Programs Projects designated in Division L of the
Consolidated Appropriations Act, 2023
[CFDA No. 20.205]
Date: March 21, 2023
In Reply
Refer to: HISM-40
Digitally signed by PETER JOHN
STEPHANOS
Date: 2023.03.21 14:06:25 -04'00'
PETER JOHN
STEPHANOSFrom: Peter J. Stephanos
Director, Office of Stewardship, Oversight,
and Management
To: Brian R. Bezio
Chief Financial Officer
Division Administrators
The Consolidated Appropriations Act, 2023 (Public Law 117-328) appropriates a total of $3,417,811,613 for Highway Infrastructure Programs (HIP) from the General Fund of the Treasury for fiscal year (FY) 2023. Of such amount, $1,862,811,613 is set aside for “Community Project Funding / Congressionally Directed Spending.” The project descriptions for the 562 projects can be found in the “Community Project Funding / Congressionally Directed Spending” table in the Joint Explanatory Statement incorporated by reference in Division L of the Consolidated Appropriations Act, 2023, and are also included in the attachment to this memo. With this memorandum, FHWA is allocating $1,851,971,613 for 557 projects to State departments of transportation (DOTs). The Office of Federal Lands Highway (FLH) will distribute funding for five tribal community projects totaling $10,840,000. These funds are in addition to any other funds, including contract authority, provided in FY 2023. This funding is not subject to any obligation limitation that applies to Federal-aid contract authority.
With this memorandum, we are requesting the Budget Execution Team in the Office of Budget to allocate in the Fiscal Management Information System (FMIS) $1,851,971,613 for 557 projects to the States, as indicated in the attachment to this memorandum (FMIS program code Y926; DELPHI fund value 1530569B50.)
These funds remain available for obligation through September 30, 2026. Any such amounts not obligated on or before September 30, 2026, shall expire. Once the period for obligation 370
2 has expired, these funds will only remain available for adjusting and liquidating obligations as authorized in accordance with title 31, United States Code (U.S.C.), section 1553.
Obligated earmark balances are available for expenses properly charged to the account and incurred until September 30, 2031. After that date, any unexpended balances shall be cancelled in accordance with 31 U.S.C. 1552 and shall no longer be available for obligation or expenditure.
Demo IDs have been assigned for each project to properly track these funds to ensure that they are only obligated and expended for the specific project for which they were designated.
Each project has been assigned a unique Demo ID that links the funding to the specific project description as listed in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2023. Since th e project description defines the scope of work on which the funds may be legally expended, the funding for the project can only be utilized for the activities within the scope and physical limits of the project as defined by the project description. The Demo IDs under which these funds are being distributed are also included in the attachment to this memorandum.
Except as otherwise provided, these funds are to be administered as if apportioned under chapter 1 of title 23, U.S.C.1 Therefore, these projects are to be administered as title 23 projects in accordance with the applicable statutory and regulatory provisions contained in title 23, U.S.C. and Code of Federal Regulations (CFR), as well as other applicable Federal requirements, such as the National Environmental Policy Act (42 U.S.C. 4321, et seq.) and the Disadvantaged Business Enterprise Program. The State, through its DOT in accordance with 23 U.S.C. 302, is the direct recipient of funds allocated by this memorandum and is responsible for administration of these funds. If the State DOT acts as a pass-through entity of Federal assistance, the State DOT maintains the passthrough responsibilities specified in 2 CFR 200.332 and 23 U.S.C. 106(g)(4).
The maximum Federal share for these State projects is governed by 23 U.S.C. 120, as amended. It is generally 80 pe rcent (See 23 U.S.C. 120(b)). The maximum Federal share for projects on the Interstate System is 90 percent unless the project adds lanes that are not high- occupancy-vehicle or auxiliary lanes (See 23 U.S.C. 120(a)). For projects that add single occupancy vehicle capacity, that portion of the project will revert to the 80 percent level. An upward sliding scale adjustment is available to States having public lands (Sliding Scale Rates In Public Land States). States may use a lower Federal share on Federal-aid projects as provided in 23 U.S.C. 120(h). These funds ma y not be used as the non-Federal match for other Federal programs unless there is specific statutory authority (2 CFR 200.306(b)(5)).
The Consolidated Appropriations Act, 2023, does not provide authority for use of these funds as a non-Federal match for other Federal programs, including Federal-aid programs under title 23, U.S.C.
Generally, Project Agreements should not be modified to replace one Federal fund category with another unless specifically authorized by statute (23 CFR 630.110(a)). For additional information on earmarked funds, see Q&As on Obligation of Earmarked Funds for Federal- Aid Projects.
1 Tribal projects funded from these amounts are to be administered as if allocated under chapter 2 of title 23, U.S.C. 371
3 Earmarked funds shall not participate in costs incurred prior to the date of project agreement (23 CFR 630.106(b)).
By copy of this memorandum, we request that the Budget Execution Team (HCFB-12) in the Office of Budget:
1) enter the Demo IDs identified in the attached table, and 2) process these allocations.
If there are any questions, please contact Tony DeSimone at 317-226-5307 or by email at [email protected].
Attachment
372
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 Execution of the Contract for Investment Advisory Services to Chandler Asset Management
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
Renewal of Chandler Asset Management (CAM) Investment Advisor Service contract until June 30, 2028.
FISCAL IMPACT
There will be no change to the current fee structure.
RECOMMENDATION
Staff recommends that the City Council retain the services of CAM for Investment Advisory Services until June 30, 2028.
BACKGROUND
The City has been using CAM to assist the City to invest funds in accordance with the City’s Investment Policy since July 1, 2018. The current contract expired June 30, 2023, and was renewed on a month to month basis.
SUBCOMMITTEE FINDINGS
On August 18, 2023, the Finance Management Subcommittee heard a presentation from CAM on the expertise and experience of CAM for the benefit of the City as well as why CAM should continue with the contract. The Finance Management Subcommittee supported keeping CAM for the City’s Investment Advisory Services. 373
STAFF ANALYSIS
The proposed renewing of CAM’s contract will serve the purpose of enhancing services and strengthen the City’s Investment Portfolio.
The overall objective of the City’s Investment Policy is optimizing yields on investments while protecting the principal. The City’s portfolio has been designed in a manner responsive to public trust and consistent with State law.
ATTACHMENTS: Resolution
Contract
Report Prepared By: Laura Mendez, Finance Manager of Reporting Report Reviewed By: Paul Rodrigues, Finance Director
374
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Execution of Second )
Amendment to Consulting Services )
Agreement with Chandler Asset )
Management ) RESOLUTION NO.
WHEREAS, the City entered into a Consulting Services Agreement with Chandler Asset Management (“Chandler”) for a term ending June 30 2023; and WHEREAS, staff has determined that Chandler Asset Management has professional qualifications and work experience well suited for the City of Pittsburg financial needs; and
WHEREAS, staff proposes an extension of the contract term for an additional five years.
NOW, THEREFORE, BE IT RESOLVED, that the City Council authorizes the City Manager to execute the Second Amendment to the Consulting Services Agreement.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
375
SECOND AMENDMENT TO
CONSULTING SERVICES BETWEEN
CITY OF PITTSBURG
AND CHANDLER ASSET MANAGEMENT
This Second Amendment to the Principal Agreement made and entered into on July 1, 2018, hereafter referred to as (“Agreement”), between Chandler Asset Management, a California Corporation, therein referred to as, (“Consultant”), and the City of Pittsburg, a municipal corporation, therein referred to as (“City’), is made and entered into on this July 1, 2023.
The Consultant and City do mutually agree as follows:
1. Term. Section 1.1 of the Agreement is hereby amended to read as follows:
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2028.
2. Integration. This Second Amendment contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Second Amendment. This Second Amendment shall not be amended or modified except by a written agreement executed by each of the parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Consultant shall perform all duties, obligations and conditions required under the Agreement.
3. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Secord Amendment and the Agreement, the provisions of this Second Amendment shall control in all respects.
4. Ambiguities. The parties have each carefully reviewed this Second Amendment and have agreed to each term of this Second Amendment. No ambiguity shall be presumed to be construed against either party.
5. Counterparts. This Second Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
6. Authority. The person signing this Second Amendment for the Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of the Consultant.
IN WITNESS WHEREOF, the parties have entered into this Second Amendment on the day and year first hereinabove appearing.
376
CONSULTANT:
Chandler Asset Management
By:
Nicole Dragoo, President
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Garrett Evans, City Manager
ATTEST:
By:
Alice Evenson, City Clerk
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
377
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Resolution Authorizing the City Manager to Execute Agreement Between the City of Pittsburg and Peregrine Technologies MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
The Police Department is seeking City Council approval of the Resolution to execute an Agreement between the City of Pittsburg and Peregrine Technologies for the renewal of Peregrine software license for a 3-year period, including training, support, and services.
FISCAL IMPACT
These systems have been developed specifically for the Police Department’s needs.
Peregrine Technologies is the sole developer and vendor of the proprietary Peregrine software and Mobile FI application.
The Peregrine Technologies software license cost for each of the three years shall not exceed $100,000 annually or $300,000 for the duration of the three-year Agreement. The Police Department has budgeted funds in its annual budget for Fiscal Year 2023/24 (110- 42101-2003) and will continue to budget the annual cost each Fiscal Year through 2025/26.
RECOMMENDATION
Staff recommends City Council approve the Agreement between Peregrine Technologies and the City of Pittsburg for the Peregrine Software license annually for Fiscal Years 2023/24 through 2025/26.
BACKGROUND
Peregrine is an advanced analytic platform providing a single point of access to view and analyze large-scale data from various data sources. The software performs several critical functionalities, including data integration, search and information retrieval, advanced analytics, data management, collaboration, access control, and security. The software was developed to enhance investigatory capabilities, streamline criminal analysis, and generate intelligence products for Law Enforcement.
378
Over one million data records reside in the Sheriff's Department's current records management system (RMS), which houses our records. This RMS system does not integrate other data sources such as body-worn cameras, Shot Spotter, and ALPR data.
Furthermore, there is currently no geographical information system (GIS) for staff to utilize that integrates into these other data streams, making internal searches and analysis of RMS data time-consuming and cumbersome. Staff currently must search multiple fields in multiple data bases for accurate analysis of crime trends, identifying priorities, and PRA and subpoena responses.
Peregrine uniquely allows network-wide collaboration that is supported by Peregrine’s security model, which allows analysts, investigators, and command staff to share data and analyze products and briefs that are finished or in progress, including underlying data.
Because of this security model, agencies that use Peregrine can seamlessly and securely share/exchange information.
SUBCOMMITTEE FINDINGS
This item was presented before the Public Safety Subcommittee on September 5, 2023.
STAFF ANALYSIS
The City of Pittsburg has been committed to enhancing technology within the Police Department that enables staff to provide a higher quality level of service and increased public safety. Peregrine creates a unique and extremely efficient method for turning large amounts of raw data into useful analysis products, quickly and with a significant reduction in staffing time.
Since 2019, Peregrine has been integrated into the Police Department’s digital infrastructure and has become the primary data analytic resource and information center for the Police Department.
Recent changes in law and the evolving climate of police work demands have increased the burden on staff to efficiently access multiple data sets and analyze that data in a short period of time. This is true of not only sworn personnel during criminal investigations but also with professional staff fulfilling Public Records Act (PRA) and subpoena requests and general records management. The Police Department has recognized the essential need for delivering information in today’s police department. This has become increasingly challenging as rapid changes in technology, and staff relying on technology services, have impacted workflow and efficiency, which creates a necessity for a data integration platform.
Peregrine software is currently used successfully by the San Pablo, Pinole, Hercules, Antioch, and Concord Police Departments.
ATTACHMENTS: Resolution
Contract with Peregrine
Report Prepared By: Steve Albanese, Chief of Police
379
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the matter of:
Authorizing Execution of an Agreement )
With Peregrine Technologies ) RESOLUTION NO. 23-
WHEREAS, the City of Pittsburg has been committed to enhancing technology within the Police Department that enables staff to provide a higher quality level of service and increased public safety; and
WHEREAS, the Police Department is seeking City Council authorization for the City Manager to execute an Agreement between the City of Pittsburg and Peregrine Technologies for the purchase of Peregrine software license for a 3-year period not to exceed $100,000 per each fiscal year, including training, support and services; and WHEREAS, Peregrine Technologies has proprietary software that is unique in addressing multiple data platforms for law enforcement and has been utilized by the Police Department.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Agreement with Peregrine Technologies.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September, 2023 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Mayor
ATTEST:
Alice E. Evenson, City Clerk
380
Confidential
PEREGRINE CUSTOMER ORDER FORM
Customer Information
Customer Name: Pittsburg Police Department Contact: Chief Steve Albanese Address: 65 Civic Avenue, Pittsburg, CA 94565 Phone: (925) 252-4980 Email: [email protected] Fax: (925) 252-4807
Peregrine Services
Effective Date: July 29th, 2023.
Term: One year from the Effective Date: July 29th, 2023. Thereafter, the term will automatically renew for two additional one-year periods (each, a “Renewal Term”) unless a party provides notice of nonrenewal at least 30 days before the end of the then-current term. The Initial Term together with any Renewal Terms are the “Term.”
Service Fee: Customer will pay $100,000 on the Effective Date, $100,000 on the commencement of the first Renewal Term (if any), and $100,000 on the commencement of the second Renewal Term (if any). If Customer terminates this Agreement pursuant to Section 11.2 of the Terms and Conditions, Peregrine will refund the pro-rata portion of any such fee paid by Customer that is attributable to periods after the effective date of such termination.
Users: Customer may allow an unlimited number of employees of the Pittsburg Police Department to access and use the Service.
Onboarding and Training Services: Peregrine will provide Customer with an introductory training session that provides an overview of the Service, background on accessible data sources as of the Effective Date and an introduction to the analytic capabilities of the Service. Peregrine will provide additional training, including refresher sessions and advanced training modules, from time to time upon mutual agreement of the parties.
Professional Services: The initial Customer Data sources that Peregrine will integrate with the Service for Customer are: Records Management System, Computer Aided Dispatch System, documents residing in Laserfiche, Gunshot database, Automated License Plate Reader database, Body Camera Video Database, Assessor database, Police Beats, AC Transit Routes, City Limits, Historical Call Detail Records, Mobile Phone GPS Data, Physical Phone Extraction Data.
Any additional data integrations or new functionality shall be subject to mutual written agreement of the parties, including with respect to fees. All data integration services or new functionality and corresponding fees will be set forth in an SOW.
For clarity, Peregrine will provide any other Professional Services and additional data integration services in accordance with Section 2.2 of the Terms and Conditions. 381
Peregrine services are provided subject to the terms set forth above on this Order Form together with the attached terms and conditions (the “Terms and Conditions,” and together with this Order Form, the “Agreement”). Any capitalized term used in this Order Form but not defined herein shall have the meaning ascribed to it in the Terms and Conditions. By signing this Order From, Peregrine and Customer each agree to the terms and conditions set forth in this Agreement. In the event of any conflict between this Order Form and the Terms and Conditions, the terms of this Order Form shall govern to the extent of such conflict. This Order Form may be executed in counterparts (which may be delivered by electronic mail of .pdf files), each of which counterparts, when so executed and delivered, shall be deemed to be an original, and all of which counterparts, taken together, shall constitute one and the same instrument.
Peregrine: Customer:
By: By:
Name: Nicholas Noone Name: Steve Albanese
Title: President & CEO Title: Chief of Police
382
CONFIDENTIAL
TERMS AND CONDITIONS
These Terms and Conditions govern the provision of the
services described on the attached Order Form (“Order
Form”) by Peregrine Technologies, Inc. (“ Peregrine”) to you (“Customer”). By executing an Order Form with
Peregrine, Customer agrees to be bound by these Terms
and Conditions.
1. Definitions.
“CJIS Security Policy” means the FBI CJIS Security
Policy document as published by the FBI CJIS Information Security Officer, currently located at
https://www.fbi.gov/services/cjis/cjis-security-policy- resource-center.
“Criminal Justice Information Services Division” or
“CJIS” means the FBI division responsible for the
collection, warehousing, and timely dissemination of
relevant criminal justice information to the FBI and to qualified law enforcement, criminal justice, civilian,
academic, employment and licensing agencies.
“Customer Data” means any of Customer’s data,
information, documents or electronic files that are provided to Peregrine via the Services or otherwise in connection with this Agreement, including any databases Customer
procures from third party vendors for Peregrine’s
integration with the Service.
“Documentation” means the materials supplied by
Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training
materials, guides, functional or technical specifications or other materials for use in conjunction with the Service. “Professional Services” has the meaning specified in
Section 2.2.
“Service” means Peregrine’s web and iOS mobile
applications that assist Users with criminal investigations and police leadership decision making. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of
the parties in accordance with Section 2.2.
“SOW” has the meaning specified in Section 2.2.
“Third Party Data” means any third party databases that Peregrine licenses from third party vendors and makes
accessible via the Service. For clarity, Third Party Data does not include any Customer Data.
“Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may
access the Service) and that have been supplied user
identifications and passwords by Peregrine.
2. Provision of the Service and Additional Services.
2.1 Service. During the Term and subject to the terms
and conditions of this Agreement, including payment of the fees set forth on the Order Form, Peregrine shall provide Customer with the right to: (a) access and use the Service for up to the number of Users set forth in the Order Form, and (b) to download and reproduce the applicable
Documentation solely for internal use in association with the Service. Peregrine shall provide Customer with
authentication credentials for individual Users upon written request from authorized personnel of Customer, (ii)
onboarding and training services as set forth in the Order Form (“Onboarding and Training Services”), and (iii)
telephone and standard technical support to Customer
during normal business hours (“Technical Support”).
Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.
2.2 Professional Services. Except as set forth in the
Order Form, in the event that Customer requests that
Peregrine perform data integration, configuration or
implementation services regarding the Service, including integration of Customer Data or Third Party Data and
creation of specific modifications to the Service (but
excluding any Onboarding and Training Services),
Peregrine will discuss the scope and fees for such services and, if agreed, such work will be performed pursuant to a statement of work executed by the parties and referencing this Agreement that describe such scope and fees (an
“SOW,” and such services, the “Professional Services”).
Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay
such fees in accordance with Section 4.2 below.
2.3 Access and Policies. Customer will permit
Peregrine access to Customer’s offices and any other
facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its personnel to, abide by Customer’s facilities access and use policies as provided by Customer to Peregrine in
writing in advance of any on-site visits. Customer will also permit and enable Peregrine to have offsite access to
383
Customer Data and the Customer’s production platform for the Service in order to provide the Service, Technical
Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS-defined policies for remote access.
2.4 Compliance with Applicable Laws. Each party
and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Services
hereunder. Peregrine shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California
Department of Industrial Relations.
2.5 Licenses and Permits. Peregrine and its
employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses,
permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective
professions. In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from
Customer as required by law.
2.6 Nondiscrimination and Equal Opportunity.
Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic
information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Peregrine under this Agreement.
Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment,
contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of
Peregrine thereby.
3. Use of Service.
3.1 Users. Customer may grant access to the Service
to only the number and type of Users specified on the
Order Form. Customers shall ensure that its Users do not share or transfer their User credentials to other Customer employees or any other individuals.
3.2 Customer Responsibilities. Customer is
responsible for all activities that occur under User accounts.
Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the
Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; and (d) comply with all applicable laws in using the Service. Customer agrees to provide its Users with the applications necessary to run the Service as set forth in the Documentation.
3.3 Use Restrictions. Customer shall use the Service
solely for its internal business purposes in accordance with this Agreement. Customer shall not, and shall ensure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise
commercially exploit or make the Service available to any third party; (b) send spam or otherwise duplicative or
unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (f) attempt to gain unauthorized access to the Service or its related
systems or networks.
3.4 CJIS Requirements. Customer certifies that it and
its Users will comply with the following CJIS
requirements: (a) Customer agrees to use training, policy and procedures to ensure Users use proper handling,
processing, storing and communication protocols for
Customer Data and any Third Party Data; (b) Customer
agrees to protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application
development, system maintenance and the support roles
assigned; (c) Customer will only provide access to the
Service and any Third Party Data through Customer-
managed role-based access and applied sharing rules
configured by Customer; (d) Customer agrees to create and retain activity transaction logs to enable auditing by
Peregrine staff, CJIS and any Third Party Data owners; (e) Customer agrees to perform independent employment
background screening for its staff at Customer’s own
expense; and (f) Customer agrees to reinforce staff policies for creating User accounts with only one Customer domain email address for each User, with exceptions only as
granted in writing by Peregrine.
3.5 Operation Restrictions. Under certain
circumstances, it may be dangerous to operate a moving
vehicle while attempting to operate a laptop, mobile device or other touch screen and any of their applications.
Customer agrees that the Users will be instructed to only utilize the interface for the Service at times when it is safe to do so. Peregrine is not liable for any accident caused by a result of distraction such as from viewing the screen 384
while operating a moving vehicle.
3.6 Customer Logo. Peregrine may use Customer’s
name and logo in Peregrine’s lists of customers provided that such use will comply with Pittsburg Municipal Code Chapter 1.28 and any standard trademark guidelines
provided by Customer to Peregrine.
4. Fees & Payment.
4.1 Fees. Customer shall pay the fees for the Service
as specified in the Order Form and in any SOWs.
4.2 Payment Terms. Except as set forth on the Order
Form, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.
4.3 Taxes. Peregrine’s fees do not include any local,
state, federal or foreign taxes, levies or duties of any nature (“Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If
Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by
Customer unless Customer provides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights.
5.1 Peregrine Technology. The Service includes (a)
the Peregrine name, the Peregrine logo, and other
trademarks and service marks; (b) audio and visual
information, documents, software and other works of
authorship, including training materials; (c) other
technology, including graphical user interfaces, workflows, products, processes, algorithms, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under this Agreement; and (d) the work product or other results of Professional Services (collectively, “Peregrine Technology”). Peregrine owns and shall retain all rights in the Peregrine Technology. Other than as
expressly set forth Section 5.2 below, no license or other rights in or to the Peregrine Technology or related
intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.
5.2 License Grant. Peregrine grants Customer,
during the term of this Agreement, a worldwide, non-
exclusive, non-transferable (except in accordance with
Section 12.6), non-sublicenseable right to access and use the Service, and to permit the number and type of Users specified on the Order Form the right to access and use the Service during the terms of the applicable User
subscriptions, in each case solely in accordance with the terms of this Agreement.
5.3 License Restrictions. Customer shall not (a)
modify, copy or create derivative works based on the
Service or Peregrine Technology; (b) create Internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service, other than on Customer’s own intranets; or (c) disassemble, reverse engineer, or
decompile the Service or Peregrine Technology, or (d)
access the Service in order to (i) build a competitive
product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service.
6. Data Access, Sharing and Security.
6.1 Customer Data. Peregrine may access,
reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and
Training Services and any Professional Services. Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g.,
frequency of logins) (“ Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity,
including Customer or its Users (“Aggregated Data”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine
Insights and Aggregated Data on termination of this
Agreement. Peregrine may choose to terminate the
provision of any Customer Data via the Service if the
provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
6.2 CJIS Security Policy. Peregrine has implemented
procedures to allow for adherence to the CJIS Security
Policy. The hosting facility for the Service uses state-of- the-art access control technologies that meet or exceed CJIS requirements. In addition, Peregrine has installed and configured solid network intrusion prevention appliances for adherence to CJIS requirements.
6.3 Third Party Data. Any Third Party Data that
Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of any Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision 385
of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.
7. Confidentiality.
7.1 Definition of Confidential Information. The
term “Confidential Information” means all confidential
and proprietary information of a party (“Disclosing Party”) disclosed to the other party (“ Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of
disclosure, including the terms and conditions of this
Agreement (including pricing and other terms reflected in the Order Form), the Customer Data, any Third Party Data, the Service, the Documentation, the Peregrine Technology, business and marketing plans, technology and technical
information, product designs, and business processes.
7.2 Confidentiality. The Receiving Party shall not
disclose or use any Confidential Information of the
Disclosing Party except to perform its obligations or
exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case-by- case basis. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to
disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the
disclosure.
7.3 Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party
without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.
7.4 California Public Records Act. Peregrine
acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Section 7 shall prevent Customer from disclosing
Confidential Information for purposes of complying with the California Public Records Act.
7.5 Remedies. If the Receiving Party discloses or
uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this
Section 7, the Disclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized
disclosure or use may cause irreparable harm to the
Disclosing Party for which any other available remedies are inadequate.
8. Warranties & Disclaimers.
8.1 Warranties. Each party represents and warrants
that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise
substantially conform to its associated documentation.
8.2 Disclaimer. EXCEPT AS EXPRESSLY
PROVIDED IN SECTION 8.1, AND WITHOUT
LIMITING PEREGRINE’S OBLIGATIONS SPECIFIED
IN THIS AGREEMENT, PEREGRINE MAKES NO
WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE WITH
RESPECT TO THE SERVICE, THE PEREGRINE
TECHNOLOGY, ANY THIRD PARTY DATA AND
ANY OTHER PRODUCTS OR SERVICES PROVIDED
UNDER THIS AGREEMENT. PEREGRINE HEREBY
SPECIFICALLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT, TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW.
9. Indemnification.
9.1 General Indemnification by Peregrine.
Peregrine shall at its expense defend Customer and its
officers, directors, officials, agents, volunteers and
employees (“Customer Indemnified Parties”) against any
claim made or brought against any Customer Indemnified
Party by a third party (A) arising out of or in connection with Peregrine’s negligence or willful misconduct in the performance of the Services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except to the extent any such claim is caused by the negligence or willful misconduct of
Customer, or (B) alleging that the Service as provided to Customer hereunder infringes any U.S. intellectual property 386
rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Parties
harmless from and against any and all liability, loss,
damage, claims, expenses, and costs, including without
limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives
Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any entity other than Peregrine, (iii) any combination of the Service with services or technologies not provided by Peregrine, or (iv) Customer’s use of the Service or portion thereof after
Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1. If in
Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine
liability, Peregrine may in its discretion (x) obtain a license to enable Customer to continue to use the potentially
infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial
efforts, terminate the Agreement or the license to the
infringing portion of the Service and refund the amount of any pre-paid fees applicable to the portion of the terminated Services to be provided after the termination date.
9.2 PERS Indemnification by Peregrine. In the
event that Peregrine or any employee, agent, or
subcontractor of Peregrine providing services under this Agreement is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify,
defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or
subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer..
10. Limitation of Liability.
10.1 Exclusion of Consequential and Related
Damages. IN NO EVENT SHALL EITHER PARTY
HAVE ANY LIABILITY TO THE OTHER PARTY FOR
ANY LOST PROFITS, LOSS OF USE, COSTS OF
PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, MULTIPLE, EXEMPLARY, PUNITIVE,
OR CONSEQUENTIAL DAMAGES HOWEVER
CAUSED AND, WHETHER IN CONTRACT, TORT OR
UNDER ANY OTHER THEORY OF LIABILITY,
WHETHER OR NOT THE PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
11. Term & Termination.
11.1 Term of Agreement. This Agreement
commences on the Effective Date and continues for the
duration of the term set forth on the Order Form (“Term”), unless earlier terminated in accordance with the Order
Form or Section 11.2
11.2 Termination for Cause. A party may terminate
this Agreement for cause upon thirty (30) days written
notice of a material breach to the other party if such breach remains uncured at the expiration of such period.
Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination. Notwithstanding the
foregoing, if Customer terminates the Agreement pursuant to this Section 11.2 Peregrine will refund pro-rata share of Service Fee.
11.3 Data. Upon expiration or termination of this
Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other
provision of this Agreement, Peregrine may use in
perpetuity any Aggregated Data.
11.4 Survival. The following provisions shall survive
termination or expiration of this Agreement: Sections 4, 5 (excluding Section 5.2), 6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and
12. 12. General Provisions.
12.1 Insurance. Peregrine shall maintain the insurance
coverages described on Exhibit A.
12.2 Relationship of the Parties. This Agreement
does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to this Agreement. At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may
specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any 387
capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.
12.3 Conflict of Interest. Peregrine may serve other
clients, but none whose activities within the corporate limits of Customer or whose business, regardless of
location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Peregrine shall not employ any Customer official in the work performed pursuant to this Agreement. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
12.4 Peregrine’s Books and Records. Peregrine shall
maintain any and all records or documents evidencing or relating to charges for services or expenditures and
disbursements charged to the Customer under this
Agreement for a minimum of 3 years, or for any longer
period required by law, from the date of final payment to the Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer. Pursuant to Government Code Section
8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
12.5 Force Majeure. Neither party shall be liable by
reason of any failure or delay in performance of its
obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable
control of such party, which may include Internet denial-of- service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism,
governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event”).
Upon the occurrence of a Force Majeure Event, the non-
performing party will be excused from any further
performance of its obligations affected by the Force
Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.
12.6 Federal Government. Any use, copy or
disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as
provided by DFARS 227.7202-1(a) and 227.7202-
3(a)(1995), DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227-19, or FAR
52.227(ALT III), as applicable.
12.7 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon:
(a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by
confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the
attention of Nick Noone, CEO, Peregrine Technologies,
[email protected], with a copy to [email protected].
Notices to Customer are to be addressed to the individual identified in the Order Form.
12.8 Waiver; Cumulative Remedies Severability. No
failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right.
Other than as expressly stated herein, the remedies
provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any
provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to
accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining
provisions of this Agreement shall remain in effect.
12.9 Assignment. Neither party may assign any of its
rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing,
Peregrine may assign this Agreement, together with all
rights and obligations hereunder, without consent of
Customer, in connection with a merger, acquisition,
corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.
12.10 Governing Law. This Agreement shall be
governed by the laws of California. The state courts
located in Contra Costa County, CA or in the United States District Court for the Northern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts
provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction
injunctive or similar relief in connection with the
enforcement of this Agreement.
12.11 Construction. The division of this Agreement
into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms 388
“this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any
particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words
“include” and “including,” and variations thereof, will be deemed to be followed by the words “without limitation” and “discretion” means sole discretion
12.12 Entire Agreement. This Agreement constitutes
the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or
representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any
provision of this Agreement shall be effective unless in writing and signed by the party against whom the
modification, amendment or waiver is to be asserted.
Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.
389
Exhibit A
Insurance
Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of the Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
Commercial General and Automobile Liability Insurance
General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence and $2,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9).
No endorsement shall be attached limiting the coverage.
Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis. b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
Professional Liability Insurance.
General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions. 390
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.
All Policies Requirements.
Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
Certificate of Liability Insurance in the amounts specified in this Agreement; and Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof, or terminate this Agreement. 391
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 Execution of an Agreement between the City of Pittsburg and the Contra Costa County Office of the Sheriff Forensic Services Division
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
The Police Department is seeking City Council approval of the Resolution to execute an Agreement between the City of Pittsburg and Contra Costa County Office of the Sheriff Forensic Services Division for forensic services to assist the Police Department in the investigation of criminal matters.
FISCAL IMPACT
The cost of forensic services for the two-year agreement shall not exceed $650,000. The Police Department’s budget includes $240,000 for Fiscal Year 2023-24 and anticipates another $240,000 for Fiscal Year 2024-25. The requested authorization for $650,000 exceeds expected total cost, but actual costs will be dependent upon events that are unknown at this time. Although staff does not anticipate the cost of forensic services to exceed $240,000 annually, the two-year agreement was proposed at $650,000 to allow for unforeseen events, such as an officer-involved incident, in which the County is obligated to respond and the City is obligated to pay.
RECOMMENDATION
Approval of the Resolution to execute an Agreement between the City of Pittsburg and Contra Costa County Office of the Sheriff Forensic Services Division.
BACKGROUND
Without an internal crime lab, the Police Department must rely on outside sources to process evidence that assists the department in the investigation of criminal matters. For many decades, the Police Department has utilized the Contra Costa Crime lab for forensic analysis of evidence. The Contra Costa Crime lab serves all law enforcement agencies within the County.
392
While the Police Department collects, handles and stores its own property and evidence, the department does not have the means to test, analyze and compare the evidence for successful criminal prosecution. Forensic analysis of evidence is crucial in law enforcement.
SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on September 5th, 2023.
STAFF ANALYSIS
The Contra Costa County Office of the Sheriff Forensic Services Division provides assistance in the recognition, collection, preservation, scientific analysis, and interpretation of physical evidence. The Contra Costa lab runs evidence through the Combined DNA Index System (CODIS), the National Integrated Ballistic Identification Network (NIBN), and the Automated Identification System (AFIS) for the recovery and comparison of latent prints.
The laboratory provides drug analysis, alcohol analysis, blood, urine, and breath analysis; and toxicology.
The successful investigation and prosecution of crimes require the collection, preservation and forensic analysis of evidence. Staff therefore seeks City Council approval of the Resolution authorizing the City Manager to execute the Agreement between the City of Pittsburg and the Contra Costa County Office of the Sheriff Division for Forensic Services.
ATTACHMENTS: Resolution
Contract with Sheriff Forensic Services
Report Prepared By: Steve Albanese, Chief of Police
393
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Execution of )
an Agreement Between the City of )
Pittsburg and the Contra Costa County ) RESOLUTION NO. 23- Office of the Sheriff Forensic Services )
Division )
WHEREAS the Police Department must rely on outside sources to process evidence that assists the department in the investigation of criminal matters; and WHEREAS, the Police Department collects, handles and stores its own property and evidence, but the department does not have the means to test, analyze and compare the evidence for successful criminal prosecution; and
WHEREAS, the successful investigation and prosecution of crimes require the collection, preservation and analysis of evidence and the forensic analysis of evidence is crucial to the determination of guilt or innocence.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Agreement with the Contra Costa County Office of the Sheriff Forensic Services Division.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
___________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
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Agency County
INTER-AGENCY AGREEMENT BETWEEN COUNTY OF
CONTRA COSTA and CITY OF PITTSBURG FOR
THE PROVISION OF FORENSIC SERVICES
This Agreement is entered into between the County of Contra Costa, (hereinafter “County”) and the City of Pittsburg (hereinafter “Agency”) to provide Forensic Services (hereinafter “Agreement”). The parties to this Agreement mutually agree and promise as follows:
1. Term. The effective date of this Agreement is July 1, 2023 , and terminates June 30, 2025.
2. Purpose of Agreement . Th e County will provide forensic services (through the Forensic Services Division of the Office of the Sheriff ) to Agency to assist in the investigation of criminal matters.
3. County’s Obligations. This Agreement applies only to services provided by the Forensic Services Division ( FSD) of the office of the Sheriff for incidents occurring on the effective date of and before the termination of the Agreement.
A. County will provide forensic services when requested by the Agency. County reserves the right to determine if the
service will or can be provided, and the type of service needed based on a review of the evidence and case
circumstances.
1) If County will not or can not provide the service,
Agency will be advised of the reason and be provided
an alternate resource if the request is determined to be forensically legitimate.
B. County, through staff of the Sheriff’s Fiscal Unit, will monthly invoice Agency for services rendered.
(1) The invoice will itemize the charges to include each request completed during the invoiced time period and
the services provided for each request.
C. County will prioritize the requests received first based on severity of the crime and urgent public safety concerns, followed by trial deadlines. Routine requests that do not have exigent public safety concerns or trial deadlines will be prioritized based on the date of request.
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2 _______ _______
Agency County
D. County will endeavor to provide as timely a service possible based on resources available. If County can not meet
Agency’s timeline needs for a particular case, Agency may retrieve the evidence at any time to send to an outside forensic resource. Agency will not be charged for any
administrative overhead under these circumstances.
(1) If examinations had occurred by County prior to Agency withdrawing the evidence, Agency will be charged for the cost of the examinations conducted to date.
E. County will provide witness and expert testimony for services rendered at no additional cost to Agency.
F. County reserves the right to modify, add, or stop the scope of forensic se rvices that can be provided dependent upon resources and justice system needs.
G. County will maintain an on -call crime scene expert who will be available twenty-four (24) hours seven (7) days a week, to provide technical advice to Agency for homicide or other major felony scene processing involving complex evidence issues.
(1) Agency must have trained staff respond to scenes to handle the routine aspects of crime scene documentation or processing on cases involving call out of County staff. (2) County will, per Off icer Involved Protocol, assume lead crime scene responsibility for O fficer Involved Protocol cases.
H. County will provide forensic consultation services to Agency at no charge to assist Agency in their investigation or to advise Agency as to what evidence should be submitted
and what forensic services should be requested.
4. Agency’s Obligations.
A. The cost for the service provided by County will be based on the Board of Supervisor’s approved Forensic Services Fee Schedule that is in effect during the fiscal year when the request for service is made. Agency shall pay County, in full, no later than 60 days after receipt of invoice. Agency shall pay a total not to exceed $650,000 for the two-year term.
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3 _______ _______
Agency County
B. Agency will abide by County’s requirements for evidence packaging and request for service procedures.
1) County may change packaging or request procedures
and will notify Agency of such changes.
C. Agency will notify County of exigencies pertaining to the prioritization needs of the request such as public safety concerns, urgent investigative needs, and suspect flight risks.
D. Agency will ensure a request for service is rescinded if the work is no longer needed.
1) County will not be responsible for work done on a
request in cases where Agency failed to notify County
that the work was no longer needed.
E. Agency will promptly notify County of any requests that are considered confidential such as internal affairs inquiries.
5. Accountability of Funds. County shall account for all funds provided hereunder and maintain appropri ate records and reports regarding all work. County shall provide a financial report upon request following each fiscal year in which this agreement was in effect.
6. County’s Employees. County retains control over County’s officers and employees providing services hereunder.
7. Property and Equipment. All property and equipment purchased and/or used in the performance of services hereunder by County shall be and remain the property and equipment of the County throughout the term of this A greement and upon termination of this Agreement. County shall have responsibility for the maintenance of the facilities, equipment, and property used in the performance of services hereunder by County.
8. Termination. This Agreement may be terminated by either party, at their sole discretion, upon thirty -day advance written notice thereof to the other, and may be canceled immediately by written mutual consent.
9. Disputes. Disagreements between County and Agency concerning the meaning, requirements, or performance of this Agreement shall be subject to final written determination by the head of the county 397
4 _______ _______
Agency County
department for which this Agreement is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government.
10. Independent Contractor Status. This Agreement is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agents, servant, employee, partnership, joint venture or association.
11. Restrictions. As required by Government Code Section 26227, the powers of the parties under this A greement shall be subject to the restrictions on such powers applicable to Contra Costa County.
12. Modifications and Amendments. This Agreement may only be modified or amended by the mutual written agreement of Agency and the Contra Costa Board of Supervisors.
13. Entire Agreement. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto.
14. Mutual Indemnification. County agrees to indemnify and hold harmless Agency for the County’s share of any and all clai ms, costs and liability for any damage, injury or death of or to any person or the property of any person, including attorneys fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the County in the performance of this Agreement.
Agency agrees to indemnify and hold harmless County for the Agency’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 attorney’s fees, arising out of the willful misconduct or the negligent acts, errors or omissions of the Agency, its officers or employees.
15. Notices. Any notices, requests, demands or other communications required or permitted to be given under this contract shall be in writing and shall be deemed to have been given on the date of service if served personally on the party to whom notice is to be given, by first-class mail registered or certified, postage prepaid, or on the day after dispatching by Federal Express or another overnight delivery service, and properly addressed as follows:
398
By
By
COUNTY
AGENCY
COUNTY OF CONTRA COSTA
Chair, Board of Supervisors
or Designee
ATTEST:
Jad Keileh
Office of the Sheriff
Chief of Management Services
APPROVED AS TO FORM:
By
Deputy nsel
Office of the Sheriff-Coroner
1850 Muir Road
Martinez, CA 94553
Attn: Contracts and Grants
Chief of Police
City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
CITY OF PITTSBURG
By
City Manager
ATTEST
By
City Clerk
APPROVED AS TO FORM:
City Attorney
5 Agency County
399
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Alcohol Services
Alcohol Analysis $100 /sample
Blood Withdrawal Services Cost plus 5% program fee
DUI Checkpoint $250 /hour
Toxicology Services
Tox Analysis Screen $300 /sample
Tox Analysis Confirmation $250 /confirmation
Drug (Solid Dosage) Services
Solid Dose Analysis $180 /sample
Fingerprint Services
ABIS Entry No Charge
ABIS Notification No Charge
Latent Print Comparison No Charge
Latent Print Processing $250 /hour
Fees are for services not funded by the Cal-ID program
Drug, Alcohol, and Toxicology Section (Muir Lab)
1960 Muir Road, Suite 201
Martinez, CA 94553
925-313-2800
Criminalistics Section (Summit Lab)
2530 Arnold Drive, Suite 200
Martinez, CA 94553
925-335-1600
400
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Comparative Evidence Services
NIBIN Testing No Charge
NIBIN Lead Notification No Charge
Firearms Make & Model Determination $250/ hour
Firearms Function Test $250 /hour
Firearms Comparison (including NIBIN Lead Confirmation) $250 /hour Serial Number Restoration $250 /hour
Distance Determination $250 /hour
Toolmark Comparison $250 /hour
Footwear/Impression Comparison $250 /hour
Forensic Biology Services
Sexual Assault Kit Screening $250 /hour
Biological Screening $250 /hour
DNA Typing (STR profiling, including CODIS upload if applicable) $250 /hour CODIS Notification No Charge
CODIS Hit Confirmation $250 /hour
Crime Scene Services
Scene Response $250 /hour/CSI
Crime Scene Reconstruction $250 /hour
Technical Assistance $250 /hour
Crime scene response is limited to homicides, OIS (protocol invoked cases), and other major felony cases involving complex physical evidence issues. Agencies are required to have their own CSI or competent evidence technician available to assist with proce ssing and to collect evidence. Upon request, the FSD may provide technical assistance to an agency for specialized services such as trajectory analysis, bloodstain pattern documentation, recovery of human remains, and sexual assaults that require the use of an alternative light source.
401
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Division Services
Priority (Rush) Analysis $200 /request (except DNA) $500 /DNA request
Examinations (except DNA) requiring analytical results within (5) court days will be charged an additional $200 per request. Priority DNA requests that are not in the submitted backlog where results are needed within 30 calendar days will be charged an additional $500 per request.
These priority fees do not apply to investigative needs before the case is filed, only to cases where the case has been filed with the District Attorney’s Office, the preplanning for trial purposes was delayed, and the priority request requires laboratory management to reshuffle resources to meet the trial deadlines.
Outsourced or Referee Analysis $250 /hour
Samples forwarded to an outside laboratory by lab staff at the request of the submitting agency, attorney, or pro per defendant will be charged the hourly rate of $250/hour to prepare the evidence.
Testimony No Charge - lab analysis
$250 /hour - when no lab
analysis was performed
The Forensic Services Division does not charge for testimony resulting from our own laboratory analysis, scene response, or evidentiary breath test results from our breath testing instruments. Expert witness testimony being requested when laboratory analysis was not performed will be charged the hourly rate of $250/hour.
Fees charged by the hour are calculated at full hour or part thereof. The above fee schedule does not apply when fees are specifically regulated by the State of California, or as provided by state law.
Inquiries regarding the Fee Schedule or for services not listed should be directed to the Chief of Forensics at 925-335-1600.
402
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Service Definitions
Alcohol Services
Alcohol Analysis: Analysis of blood , urine , or coroner’s samples to quantitively determine ethanol content using headspace gas chromatography.
Blood Withdrawal Services: The Forensic Services Division manages the county-wide contract for phlebotomists or nurses to be available on-call to respond at the agencies request for blood withdrawal.
DUI Checkpoint: Criminalists can be requested to bring an evidential breath testing instrument to a DUI checkpoint.
Toxicology Services
Tox Analysis Screen: Presumptive analysis of blood or urine to determine if drugs may be present in the sample. Drugs and drug classes include: Opiates, Opioids, Dextromethorphan, Meprobamate, Methamphetamine, Amphetamine, Barbiturates, Benzodiazepines, Methadone,
Phencyclidine, Cocaine Metabolite (BE), Zolpidem, Tricyclic Antidepressants, Cannabinoids (C -THC), Tramadol, Fentanyl, Buprenorphine
Tox Analysis Confirmation: Confirmatory analysis following a positive screen to confirm if specific drugs are present in the sample.
Drug (Solid Dosage) Services
Solid Dosage Analysis: Analysis of solids, liquids, pills, or botanical materials to determine if a controlled substance is present. Testing involves both presumptive and confirmatory tests.
403
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Fingerprint Services
ABIS Entry: Finger or palm prints of suitable quality are uploaded into the Automated Biometric Identification System (ABIS) and searched against local, regional, or national fingerprint databases to try to determine the identity of the person who left the print.
ABIS Notification: A report notifying an agency that an evidentiary sample entered into the ABIS database generated a Hit.
Latent Print Processing: Use of physical and chemical techniques on evidence to develop and collect ridge detail. These processes are more sensitive and better at recovering latent prints than the typical black powder methods used in the field.
Latent Print Comparison: The comparison of latent prints, either submitted by outside agencies or developed during FSD’s own latent print processing service, to named individuals.
Comparative Evidence Services
NIBIN Testing: The entry of test-fired cartridge cases from submitted firearms into the ATF’s National Integrated Ballistic Information Network (NIBIN) database . The unique marks the firearm has left on the cartridge case are then searched in NIBIN to determine if that firearm has been used in a crime. Cartridge cases from crime scene can also be uploaded to determine if other cases are linked. Bullets are not suitable for entry.
NIBIN Lead Notification: A report notifying an agency that an evidentiary sample entered into the NIBIN database generated a Lead.
Make & Model Determination: Determination of the possible brands and models of firearms that could have fired the cartridge cases and/or bullets recovered from a crime scene.
Firearms Function Test: Determines the operating characteristics of a firearms and whether those characteristics fall within the specifications of the manufacturer. Also includes Assault Weapon determination and sound suppressor or silencer determination.
404
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
Firearms Comparison: This service is the manual inter -comparison between cartridges, bullets, and/or firearms to determine if the items are from the same source. The comparison can result in identifying the firearm that fired the evidence cartridge case or bullet.
Serial Number Restoration: The use of physical or chemical procedures to visualize obliterated serial numbers.
Distance Determination: The use of visual, physical, and chemical procedures to determine how far away the muzzle of a firearm was at the time it shot a target (usually the victim).
Toolmark Comparison: Determination if a submitted tool made the marks left on an item of evidence or inter -comparison of tool marks between items of evidence to establish a commonality.
Footwear/Impression Comparison: A manual comparison between marks left by shoes, whether on the surface or impressed, to shoes suspected of leaving the marks. If no shoes are available, a make and model determination can be done to provide a list of possible brands and models of shoes that could have left the marks. Shoe marks from different cases can be inter - compared to try and establish a commonality.
Forensic Biology Services
Sexual Assault Kit Screening: Examination of the individual contents of a Sexual Assault Evidence Kit (SAEK) for biological or, if needed, trace evidence. Positive SAEK screens usually result in the evidence being forwarded for DNA analysis.
Biological Screening: Examination of physical evidence for biological stains, generally but not limited to blood, semen, or saliva. The stains are characterized to their probable biological origin . If important, their physical appearance is documented and interpreted relative t o the circumstances of the case. Evidence with positive biological screens can be forwarded to DNA typing if needed.
DNA Typing: The generation and comparison of a STR DNA profiles from individuals and crime scene evidence . Suitable profiles can be uploaded and searched against the FBI’s CODIS database. 405
CONTRA COSTA COUNTY
OFFICE OF THE SHERIFF SUPPORT SERVICES BUREAU
FORENSIC SERVICES DIVISION
FEE SCHEDULE
Fiscal Year 2023-2025
CODIS Notification: A report notifying an agency that an evidentiary sample entered into the CODIS database generated a Hit.
CODIS Hit Confirmation: If a hit in the CODIS database occurs to an offender, a fresh reference standard must be obtained from that individual and submitted to the FSD for DNA typing to ensure the integrity of the CODIS hit.
Crime Scene Services
Scene Response: Criminalists and Crime Scene Investigators are on -call to provide telephonic consultation or scene response for homicides, officer - involved protocol cases, and other major felonies that have complex physical evidence issues. Agencies must have trained evidence technicians who will respond to assist FSD personnel with the scene processing and to collect the physical evidence.
Crime Scene Reconstruction: Criminalists can be requested to perform trajectory analysis , shooting incident reconstruction and general reconstruction to assist investigators and attorneys in understanding the actions that occurred during the commission of a crime that resulted in the presence of physical evidence.
Technical Assistance: Criminalists and Crime Scene Investigators are on-call to provide technical assistance. Agencies must have trained evidence technicians who will respond to assist FSD personnel with the scene processing and to collect the physical evidence.
406
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Contract Amendment for Public Safety Family Counseling Group, Inc. formerly dba Psychological Services Group
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
Staff recommends approval of the contract amendment for Public Safety Family Counseling Group, Inc. formerly dba Psychological Services Group who provides wellness services for the Police Department.
FISCAL IMPACT
The City shall compensate Public Safety Family Counseling Group, Inc. in the amount of $20,000 per year for a total maximum compensation of $100,000 through June 30, 2028.
The Police Department has budgeted funds in its annual budget for Fiscal Year 2023/24 (110-42101-2199) and will continue to budget the annual cost each Fiscal Year through 2027/28.
RECOMMENDATION
Staff recommends City Council approval of the attached Resolution accepting the Contract Amendment between The Public Safety Family Counseling Group, Inc. and the Police Department.
BACKGROUND
The Police Department began using Public Safety Family Counseling Group, Inc. to supplement its Officer Wellness Program in 2016. Each year the contract has been extended. Due to the accumulation of extensions, the Police Department is bringing this contract amendment to the City Council for notification and approvement through resolution. 407
SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on September 5th, 2023.
STAFF ANALYSIS
Public Safety Family Counseling Group, Inc. has become an interictal part of the Police Department’s Officer Wellness Program. In addition to anonymous and fully confidential officer counseling, Public Safety Family Counseling Group, Inc. serves as a facilitator for all the Police Department’s Critical Incident Debriefs. These debriefs serve a vital role in helping officers and staff manage and process the effects of exposure to such incidents.
It is staff’s recommendation that City Council approve through resolution the contract amendment and continued use of Public Safety Family Counseling Group, Inc. as part of the Police Department’s Officer Wellness Program.
ATTACHMENTS: Resolution
Public Safety Family Counseling Group, Inc. Contract and Amendment
Report Prepared By: Steve Albanese, Chief of Police
408
Resolution No. 23- Page 1 of 1 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Contract Amendment ) RESOLUTION NO. 23-
For The Psychological Services )
Group, Inc. )
WHEREAS, The Psychological Services Group Inc. (Consultant) and City entered into that Contract Services Agreement on July 1, 2016, for psychology services for City Police Department employees for the cost, which Agreement by its terms renewed annually unless terminated, for the cost of $18,000 per year; and WHEREAS, the Parties have negotiated an increased cost for the services; and WHEREAS, City shall compensate Consultant in the amount of $20,000 per year for a total maximum compensation of $100,000 through June 30, 2028.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Contract Amendment with the Consultant for services that include confidential police officer counseling and facilitation for all Police Department critical incident debriefs.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 18th day of September, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________
Shanelle Scales-Preston, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
409
ASSIGNMENT AND AMENDMENT TO
CONTRACT SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG
AND ELIZABETH DANSIE dba THE PSYCHOLOGICAL SERVICES GROUP This Assignment and Amendment to the Principal Agreement made and entered into on July 1, 2016, hereafter referred to as Agreement, between Elizabeth Dansie dba The Psychological Services Group, a sole proprietor, therein referred to as Consultant, and the City of Pittsburg, a municipal corporation, therein referred to as City, is made and entered into by Consultant, City, and Public Safety Family Counseling Group, Inc., a California Corporation, hereinafter Assignee, on this 1st day of July, 2023.
WHEREAS, Consultant and City entered into that Contract Services Agreement on July 1, 2016, for psychology services for City Police Department employees for the cost, which Agreement by its terms renewed annually unless terminated, for the cost of $18,000 per year; and
WHEREAS, Consultant seeks to assign the Agreement to Assignee with consent of City; and
WHEREAS, the Parties have negotiated an increased cost for the services; and WHEREAS, the Parties seek to amend certain provisions of the Agreement.
NOW, THEREFORE, Consultant, City, and Assignee do mutually agree as follows:
1. Assignment. City hereby consents to the assignment of the Agreement, in compliance with Section 3 of the Agreement. Consultant hereby assigns to Assignee all of its rights and obligations and Assignee hereby accepts all rights and obligations of the Agreement.
2. Compensation. Section 2 Agreement is hereby amended and replaced to read as follows:
a. City shall compensate Assignee in the amount of $20,000 per year for a total maximum compensation of $100,000 through June 30, 2028. Assignee shall provide up to 90 hours of services per year, including travel time.
b. Assignee shall track hours. Assignee shall comply with HIPAA, including the requirement of confidentiality, in performing services. c. Any hours not utilized in a year shall be carried over to the following year. Hours carried over to the following year and not used that year will expire. d. Assignee shall submit an invoice to City in July for 50 percent of annual compensation, and again in January for 50 percent of annual compensation. 410
e. No amendment to this Agreement is effective unless in writing and executed by City and Assignee, and if required, approved by City Council.
3. Term. Section 6 of the Agreement is hereby amended to read as follows:
The term of this Agreement shall begin on July 1, 2023, and shall end on June 30, 2028.
The City may terminate the Agreement for any reason on 15 days’ notice to Assignee.
City shall pay Assignee for all services performed pro-rated to the date of termination.
4. Insurance. Section 9 of the Agreement is hereby amended and replaced to read as follows:
CONSULTANT shall maintain insurance acceptable to CITY at all times during the term of this Agreement.
a. General Requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage. c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased, hired, or borrowed by the Consultant. Coverage can be provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the 411
City, its officers, officials, employees, agents or volunteers shall be excess of the Consultant’s insurance and non-contributing.
The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount. d. Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
The retroactive date of the policy must be shown and must be before the date of the Agreement.
Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
If coverage is canceled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. e. All Policies Requirements.
Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
Certificate of Liability Insurance in the amounts specified in this Agreement; and
Additional Insured Endorsement as required for the General Commercial and Automobile Liability Policies.
Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). 412
Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
f. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
5. Exhibit A Scope of Services. The introductory text of Exhibit A is hereby amended to read as follows:
Agreement between City of Pittsburg (“City”) and Public Safety Family Counseling Group, Inc. (“Consultant”)
Scope of Services
Consultant shall perform the following services:
6. Exhibit B Compensation Schedule. Exhibit B is hereby replaced with Attachment 1 of this Agreement.
7. Integration. This Agreement contains the entire agreement between the parties with respect to its subject matter and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by the Parties. Except as specifically revised herein, all terms and conditions of the Agreement shall remain in full force and effect, and Assignee shall perform all duties, obligations and conditions required under the Agreement.
8. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this Assignment and Amendment and the Agreement, the provisions of this Assignment and Amendment shall control in all respects. 413
9. Ambiguities. The parties have each carefully reviewed this Assignment and Agreement and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
10. Counterparts. This Assignment and Amendment may be executed by the parties in one or more counterparts all of which collectively shall constitute one document and agreement.
11. Authority. The person signing this Assignment and Amendment for Consultant and Assignee hereby represents and warrants that he or she is fully authorized to sign this Assignment and Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties have entered into this Assignment and Agreement on the day and year first hereinabove appearing.
414
ASSIGNEE:
PUBLIC SAFETY FAMILY COUNSELING
GROUP, INC., a California Corporation
By:
Name, Title
CONSULTANT
Elizabeth Dansie dba The Psychological
Services Group, a sole proprietor
By:________________________________
Name, Title
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Garrett Evans, City Manager
ATTEST:
By:
Alice Evenson, City Clerk
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
415
EXHIBIT B
COMPENSATION SCHEDULE
City shall compensate Consultant in the amount of $20,000 per year. 416
Office of the City Manager
65 Civic Avenue
Pittsburg, CA 94565
MEMO: September 18, 2023
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
RE: Adoption of Two Ordinances Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, and Amending Title 18 Miscellaneous Text Amendments
EXECUTIVE SUMMARY
On August 21, 2023, the City Council held a public hearing on text amendments to various sections of Title 18 (Zoning) of the Pittsburg Municipal Code (PMC) to ensure consistency with recently enacted state law addressing accessory dwelling units (ADUs), and miscellaneous clean-ups. After closing the public hearing, the Council voted 5-0 to introduce and waive further reading of Ordinance Nos. 23-1509 (Amending Title 18 of the PMC related to zoning definitions, screening requirements, and other miscellaneous items), and 23-1510 (Amending Title 18 of the PMC related to Accessory Dwelling Units (ADUs). The Ordinances are now ready for City Council adoption.
FISCAL IMPACT
There is no fiscal impact associated with the recommended action.
RECOMMENDATION
City Council to take the following actions:
1. Move to adopt Ordinance No. 23-1509, approving amendments to Title 18 of the PMC related to zoning definitions, screening requirements, and other miscellaneous items;
2. Move to adopt Ordinance No. 23-1510, approving amendments to Title 18 of the PMC related to Accessory Dwelling Units (ADUs).
417
BACKGROUND
As stated above, on August 21, 2023, the City Council held a public hearing, and introduced and waived further reading of Ordinance Nos. 23-1509 (Amending Title 18 of the PMC related to zoning definitions, screening requirements, and other miscellaneous items), and 23-1510 (Amending Title 18 of the PMC related to Accessory Dwelling Units (ADUs)), with no further changes.
SUBCOMMITTEE FINDINGS
Not applicable.
STAFF ANALYSIS
After the City Council holds a public hearing and introduces an ordinance on a given matter, approval of the matter is formalized by City Council adoption of the ordinance by a majority vote at a meeting no fewer than five days after the public hearing. The ordinance becomes effective 30 days after the date of its adoption.
ATTACHMENTS:
1. Ordinance No. 23-1509 (Miscellaneous Text Amendments)
2. Ordinance No. 23-1510 (Accessory Dwelling Units)
Prepared by: Maurice Brenyah-Addow, Senior Planner
418
Ordinance No. 23-1509 Page 1 of 12 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Amending Title 18 )
of the Pittsburg Municipal Code ) ORDINANCE NO. 23-1509 for Miscellaneous Text )
Amendments )
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Pittsburg has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS staff has identified a variety of miscellaneous amendments needed for clarification in Title 18 of the Pittsburg Municipal Code (PMC) and to conform with recently enacted state law regarding accessory dwelling units; and WHEREAS, the proposed amendments are governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); and WHEREAS, PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to the Zoning Ordinance; and WHEREAS, on or prior to April 15, 2023, notice of the April 25, 2023, public hearing before the Planning Commission to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091; and
WHEREAS, On April 25, 2023, the Planning Commission held the hearing to consider proposed Miscellaneous Text Amendments Planning Application No.AP-23- 0002, and voted to adopt Resolution No.10231, recommending City Council approval of amendments to various sections of Title 18; and
WHEREAS, in order to adopt zoning text amendments, and in accordance with PMC sections 18.16.020 and 18.48.030, the City Council must find that:
1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;
2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;
419
Ordinance No. 23-1509 Page 2 of 12 September 18, 2023
3. there is a community need for the change proposed; and
4. the change will be in conformity with the public convenience, general welfare, and good zoning practice; and
WHEREAS, on or prior to August 11, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the August 21, 2023, public hearing on this item was posted at City Hall and at and near the project site; was delivered to the Pittsburg Library; was mailed via first class mail to the applicant and property owner, to owners of property located within 300 feet of the project site, and to local service agencies anticipated to provide services to the business; and was mailed via first class mail or email to individuals and organizations who had previously filed written request for such notice. A copy of the notice was also placed on the “Public Notices” page of the city website on August 28, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on August 21, 2023, the City Council held a duly noticed public hearing on the Planning Commission’s recommendation for the City Council to approve the proposed amendments to various sections of Title 18 of the Pittsburg Municipal Code; and
WHEREAS, this amendment of the municipal code is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the state CEQA Guidelines, section 15061, in that the activity in question consists of zoning text changes that would not result in a physical impact on the environment. The proposed revisions to the zoning code do not include any mapping changes that would allow new uses in areas not previously permitted, and the text changes/clarifications proposed would not result in any direct significant negative physical impacts on the environment.
NOW, THEREFORE, the City Council does ORDAIN as follows:
SECTION 1. Findings.
A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporate by reference.
B. Based on the City Council Staff Report dated August 21, 2023, and entitled, “Introduction and Waive First Reading of Two Ordinances: Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, and Amending Title 18 Miscellaneous Text Amendments”, and based on all written and oral testimony presented at the meeting, the City Council finds that:
1. All recitals above are true and correct and are incorporated herein by reference.
420
Ordinance No. 23-1509 Page 3 of 12 September 18, 2023
2. The proposed amendments are consistent with the objectives, policies, general land uses and programs in the General Plan. Most specifically, Land Use Element (LUE) Goal 2-P-2 which directs the city to update the City’s Zoning Ordinance and Subdivision Regulations for consistency with the General Plan, including the General Plan Diagram and Goal 2-P-17 which directs the city to maintain regulations to permit second units (accessory dwellings) in single-family residential developments in accordance with State law.
3. The proposed amendments are compatible with uses and regulations of the land use district for which they are proposed, in that the proposed amendments would clarify and correct certain regulations that have been ambiguous or misinterpreted in the past, as well as allow consistency with recently adopted or enacted legislation on ADUs by the state.
4. There is a community need for the proposed amendments in that they make PMC Title 18 more current to administering land use policies within the City of Pittsburg.
5. The proposed changes would be in conformity with the public convenience, general welfare, and good zoning practice, in that it removes ambiguities to make it clear and easier for both staff and the general public to understand and use as a guide in planning and processing development applications.
C. The Staff Report entitled, “Introduction and Waive First Reading of Ordinances Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, Definitions, Use Classifications, Development Regulations, and other Miscellaneous Text Amendments, AP-23-0002 (TA)” dated August 21, 2023, is referenced hereto as additional support for findings.
SECTION 2. Chapter 18.06, Application, Interpretation and Rules of Construction, Article I., “Application and Interpretation” Section 18.06.070 of the PMC is hereby amended to read as follows (new language shown on bold italic, deleted language shown in strikethrough):
Section 18.06.070 - Development on lots divided by district boundaries.
The regulations applicable to each district apply to the area within that district. A use other than parking serving a principal use on the site may not be located in a district unless it is a permitted or conditional conditionally permitted use.
Pedestrian or vehicular access from a street to a use may not traverse a portion of the site in a district unless the use is a permitted or conditional use. 421
Ordinance No. 23-1509 Page 4 of 12 September 18, 2023 SECTION 3. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.265 of the PMC is hereby amended to read as follows:
Section 18.06.265 – Driveway.
“Driveway” is a paved area on a lot necessary to provide direct access for vehicles between a street and either:
A. An area on a residential lot containing four or fewer parking spaces; B. An aisle between spaces in a parking lot;
C. A truck-loading berth; or
D. A refuse storage area.
"Driveway" means the way or means of vehicular access from that portion of a street used for vehicular travel to the parking, loading, or other vehicular activity on the adjacent property, including the portion of the sidewalk lying within said way or means of access.
SECTION 4. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.310 of the PMC is hereby amended to read as follows:
Section 18.06.310 – Fence.
“Fence” is a barrier made of wire, wood, metal, masonry, plants or other material used as a screen or enclosure for a yard or open space. It includes a wall, gate, dense hedge or structure used as a fence. A retaining wall, freestanding sign, or landscape structure is not considered a fence except for that portion which is used as a fence.
SECTION 5. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.315 of the PMC is hereby amended to read as follows:
Section 18.06.315.– Floor Area.
A. Gross. “Gross floor area” means the total area of all floors in a building as measured to the outside surface of exterior walls or to the centerline of common walls. It excludes any crawl space less than 6 (six) feet in height, area used exclusively for vehicle parking or loading, breezeway, vaulted attic 422
Ordinance No. 23-1509 Page 5 of 12 September 18, 2023 without floor, and a porch, deck, balcony or terrace that is not fully enclosed more than 75% by walls.
SECTION 6. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.340 of the PMC is hereby amended to read as follows:
Section 18.06.340 – Grade.
B. Finished. See definition of “grade, finished” in the Uniform Building Code as adopted by the city. "Finished grade" means:
1. Natural grade exterior to all buildings or structures created by any proposed development for all other circumstances not set forth in Subsection 2.;
2. A revised grade exterior to all buildings or structures created by any proposed development where the revised grade is achieved under a City grading permit, subdivision approval, or conditional use permit or other special zoning approval, or through officially approved work in a public right-of-way.
SECTION 7. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.360 of the PMC is hereby amended to read as follows:
Section 18.06.360 – Height.
See definition of “height of building” in the Uniform Building Code as adopted by the city.
"Height" means the vertical distance of any structure, building, fence, sign, retaining wall, or other facility measured from any point on top of the facility to a line directly below which meets finished grade on the outside perimeter of the facility, or intersects with a perpendicular plane connecting opposite points of finished grade at the outside perimeter of the facility.
1. The height of any portion of a facility within six (6) feet of a retaining wall shall be measured from finished grade at the perimeter of the facility or at the base of the retaining wall, whichever is lower, subject to the following exceptions:
i.) The height of any fence separated by a distance of at least eighteen (18) inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.
423
Ordinance No. 23-1509 Page 6 of 12 September 18, 2023 ii.) The height of any facility abutting a light well, depressed landing, or similar facility that extends entirely below surrounding finished grade and no more than five (5) feet from the perimeter of the abutting facility shall be measured from the surrounding finished grade at the outside perimeter of the facility, not including the light well, depressed landing, or similar facility.
SECTION 8. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.427 of the PMC is hereby amended to read as follows:
Section 18.06.427 – Lot depth.
“Lot depth” is the horizontal distance between the midpoints of the front and rear lot lines, measured in the mean direction, and equidistant from opposite segments, of the side lot lines so that perpendicular lines drawn at any section of the lot depth line intersects opposite sides of the side lot lines at the same angle.
SECTION 9. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.565 of the PMC is hereby amended to read as follows:
Section 18.06.565 – Permitted.
“Permitted” means allowed without a requirement for approval of a use permit, design review, variance, or other discretionary application.
SECTION 10. Chapter 18.06, Application, Interpretation and Rules of Construction, Article II., “Definitions” Section 18.06.650 of the PMC is hereby amended to read as follows:
Section 18.06.650 – Story.
“Story” is that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above it or, if no floor above it, the space between a floor and the ceiling next above it. A story is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is no ceiling, to the top of the roof rafters.
424
Ordinance No. 23-1509 Page 7 of 12 September 18, 2023 A story containing one or more mezzanines has more than one floor level.
If the finished floor level directly above a basement or unused under- floor space is more than six feet above grade for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, the basement or unused under-floor space shall be considered as a story, provided that the following shall not be deemed a story:
A. A basement or cellar if the height from finished grade at the exterior perimeter of the building to the finish floor elevation above is six (6) feet or less for at least fifty percent (50%) of the perimeter and does not exceed twelve (12) feet above grade at any point;
B. An attic or similar space under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two (2) feet above the floor of such space.
SECTION 11. Chapter 18.08, Use Classifications, Article II., “Residential Uses” Section
18.08.040 of the PMC is hereby amended to read as follows:
Section 18.08.040 – Residential use classifications.
G. Single-Family Residential. A building containing one dwelling unit located on a single lot regardless of lot size. This classification includes mobile home, manufactured housing, and a single-family residence with an accessory dwelling unit (ADU).
1. Attached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein the primary residential structure and or ADU is separated from the adjacent primary residential structure located on an adjacent lot, by a party wall built on a shared the property line and has no primary residential units constructed above or below it.
2. Detached. Single-family residential type or single-family with an accessory dwelling unit (ADU) wherein each primary residence and/or ADU is a stand- alone structure that does not share any common walls with another primary residential unit or ADU.
425
Ordinance No. 23-1509 Page 8 of 12 September 18, 2023 SECTION 12. Chapter 18.08, Use Classifications, Article IV., “Commercial Uses” Section 18.08.080 of the PMC is hereby amended to read as follows:
Section 18.08.080 – Vehicle Sales and Services.
30.e. Automobile Washing. An establishment engaged in the washing, waxing, or cleaning of automobiles by mechanical or semi-mechanical devices as a main use or, if an accessory use, utilizing an automatic track system with blowers or drying vacuums. Manual automobile washing is prohibited unless it can be sufficiently demonstrated to the zoning administrator that all wastewater can be captured, treated, and recycled or properly disposed of in accordance with regulatory standards.
SECTION 13. Chapter 18.08, Use Classifications, Article IV., “Commercial Uses” Section 18.08.080(30) of the PMC is hereby amended to add the following subsection:
Section 18.08.080(30) – Vehicle Sales and Services.
i. Electric Vehicle (EV) Charging Stations. Establishment with charge points or electric vehicle supply equipment which supplies electrical power for charging plug-in electric vehicles.
SECTION 14. Chapter 18.08, Use Classifications, Article V., “Industrial Uses” Section
18.08.100 of the PMC is hereby amended to read as follows:
Section 18.08.100 – Industrial use classifications.
A. Food and Drug Processing. Establishment engaged in the manufacture, processing, production, or packaging of drugs, beverages, or food products within an enclosed building. This classification includes brewery, bottler, winery, meat processing plant, candy and dairy product manufacturer, food truck commissary and related activities within an enclosed building, but excludes slaughterhouse, rendering plant, cannery or tannery. Uses in this classification may provide for the incidental on-site tasting or retailing of products.
SECTION 15. Chapter 18.08. Use Classifications, Article VII., “Accessory Uses” Section
18.08.140(B)(4) of the PMC is hereby amended to read as follows:
Section 18.08.140 – Accessory use classifications.
B.4. Nonresidential Accessory Structure. Structure with no bedroom or kitchen.
This classification includes construction trailer, real estate field office for the sale 426
Ordinance No. 23-1509 Page 9 of 12 September 18, 2023 of property within a subdivision, parking structure, sign, and structure for mechanical equipment and ancillary storage.
SECTION 16. Chapter 18.10, Planning Agency, Section 18.10.30 is hereby amended to read as follows:
Section 18.10.30 - Zoning Administrator – The office of the zoning administrator is established. The city planner zoning administrator or their designee is the zoning administrator city planner.
SECTION 17. Chapter 18.50, Residential Districts (R), Article I., General, Section
18.50.005(B)(7) of the PMC is hereby amended to read as follows:
Section 18.50.005 - Specific purposes.
B. The additional purposes of specific residential districts are as follows:
7. Medium-Density Residential District (RM). To provide opportunities for attached or detached single-family residences and multifamily residences such as townhouses, apartments with 3 20 or more units, and condominiums.
Duplexes and mMultifamily dwellings that exceed maximum allowed densities such as triplexes and fourplexes existing as of the effective date of the ordinance codified in this title are allowed to remain.
SECTION 18. Chapter 18.50, Residential Districts (R), Article II., “Development Standards” Section 18.50.105 of the PMC is hereby amended to add the following:
Schedule 18.50.105 - RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH and RHD districts – Property Development Regulations.
Schedule 18.50.105
RR, RS-40, RS-10, RS-6, RS-5, RS-4, RM, RMD, RH AND RHD DISTRICTS – PROPERTY DEVELOPMENT
REGULATIONS
Development
Classifications
RR RS-40 RS-10 RS-6 RS-5 RS-4 RM RMD RH RHD
Minimum rear
yard (ft.)
Nonresidential
uses 30 g. 25 g. 15 g. 10 g. 10 g. 10 g. 10 g. 10 g. 10 g. 10 g. g. See Section 18.84.005 In R districts for exceptions. 427
Ordinance No. 23-1509 Page 10 of 12 September 18, 2023 SECTION 19. Chapter 18.50, Residential Districts (R), Article II., “Development Standards” Section 18.50.115(A) of the PMC is hereby amended to read as follows:
Section 18.50.115 - Planting areas.
A. Yards Adjoining Streets. All visible portions of a required yard adjoining a street must be improved as a 100% planting area and/or a combination of permeable softscape and limited hardscape (subject to 50% maximum paving as per Section 18.078.050) that includes parking areas, driveways and walks walkways, as well as areas covered by ornamental gravel, crushed rock or similar materials.
SECTION 20. Chapter 18.50, Residential Districts (R), Article V., “Home Occupation” Section 18.50.410(A) of the PMC is hereby amended to add following subsection:
Section 18.50.410 – Zoning administrator approval.
A. The zoning administrator must find that:
4. Cottage Food establishments will comply with Contra Costa Environmental Health Department standards.
SECTION 21. Chapter 18.78, Off-Street Parking and Loading, Section 18.78.050(A) of the PMC is hereby amended to read as follows:
Section 18.78.050 - Parking facility design standards.
A.5. Parking Space Location. A paved parking space serving a single-family dwelling may not be located in that portion of a front or corner side yard which is more than a distance equal to one-half of the lot width or, in the case of a corner lot, the lot depth measured from the interior lot line. This does not pertain to a flag lot or lot described in PMC 18.80.050. No more than 50% of required front yard area shall be paved for parking, with the exception of paving necessary for walkways and paseos subject to review and approval by the zoning administrator.
SECTION 22. Chapter 18.84, Special Land Use Regulations Applicable To Specific Uses, Article IV., “Fences and Walls” Section 18.84.205(A) of the PMC is hereby amended to read as follows:
Section 18.84.205 – Fence and wall heights.
428
Ordinance No. 23-1509 Page 11 of 12 September 18, 2023 A. Measurement of Height. The height of a fence or wall used as a fence is measured from the point at which the fence posts or wall pilasters intersect the ground. Where a fence is built on top of a retaining wall, the fence height is measured from the highest lowest adjacent grade within 18 inches.
The height of any fence separated by a distance of at least eighteen (18) inches from the inside face of a retaining wall shall be measured from finished grade at the base of the fence.
SECTION 23. Chapter 18.84, Special Land Use Regulations Applicable To Specific Uses, Article IV., “Fences and Walls” Section 18.84.205(B)(2-3) of the PMC is hereby amended to read as follows:
Section 18.84.205 - Fence and wall heights.
B. R District – Maximum Height within a Required Yard
2. Front and corner side of a reverse corner lot: four and one-half feet (4’-6”); provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material.
3. Front yard of a key lot: four and one-half feet (4’-6”); provided, that the portion above three feet in height must have generally uniformly spaced interstices to allow 66 and two-thirds percent open area between the fence material. Fence height may be increased to six feet, only on the property line shared by the key lot and adjoining reverse corner lot, and only between the rear of the required front yard and the point along the property line that is as far away from the front line as the width of the required corner side yard of the adjoining key lot.
SECTION 24. Chapter 18.84, Special Land Use Regulations Applicable To Specific Uses, Article XIX., “Tree Preservation and Protection” Section 18.84.845(B)(1) of the PMC is hereby amended to read as follows:
Section 18.84.845 - Permit required.
B.1. In cases of emergency when a tree is hazardous or dangerous to life or property, it may be removed by order of the chief of police, by the chief of the Contra Costa County fire protection district, by the zoning administrator, 429
Ordinance No. 23-1509 Page 12 of 12 September 18, 2023 director of community and economic development or his or her designee, or by the director of public works or his or her designee; SECTION 25. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption.
SECTION 26. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.
SECTION 27. Publication. The ordinance shall be posted and published in accordance with the California Government Code.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on August 21, 2023, and was adopted and ordered published at a meeting of the City Council held on September 18, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
430
Ordinance No. 23-1510 Page 1 of 13 September 18, 2023
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Amending Title 18 )
of the Pittsburg Municipal Code ) ORDINANCE NO. 23-1510 Regarding Accessory Dwelling Units )
WHEREAS, pursuant to the City’s police power under Article XI Section 7 of the California Constitution, the City Council of the City of Pittsburg has the authority to enact and enforce ordinances and regulations for the public peace, morals, and welfare of the City and its residents; and
WHEREAS, the state legislature adopted Senate Bill 897 (2022) to amend the state law addressing construction of accessory dwelling units (ADUs), which become effective January 1, 2023; and
WHEREAS, staff has identified amendments needed to clarify provisions in Title 18 of the Pittsburg Municipal Code (PMC) and to conform Title 18 to recently enacted state law regarding ADUs; and
WHEREAS, the proposed amendments are governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); and WHEREAS, PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to zoning text amendments; and WHEREAS, on or prior to April 15, 2023, notice of the April 25, 2023, Planning Commission public hearing to consider this item was posted at City Hall and on the ‘public notices’ page of the City’s website; was delivered to the Pittsburg Library; was published in the local newspaper (East Contra Costa County Times) as a 1/8 page advertisement; and was mailed via first class mail or electronic mail to interested parties and individuals and organizations that requested such notice, in accordance with PMC sections 18.14.010, and Government Code section 65090 and 65091; and WHEREAS, On April 25, 2023, the Planning Commission held the hearing to consider proposed Miscellaneous Text Amendments Planning Application No. AP-23- 0002, and voted to adopt Resolution No.10231, recommending City Council approval of amendments to various sections of Title 18; and
WHEREAS, in order to adopt zoning text amendments, and in accordance with PMC sections 18.16.020 and 18.48.030, the City Council must find that:
1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;
431
Ordinance No. 23-1510 Page 2 of 13 September 18, 2023
2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;
3. there is a community need for the change proposed; and
4. the change will be in conformity with the public convenience, general welfare, and good zoning practice; and
WHEREAS, on or prior to August 11, 2023, in accordance with Government Code section 65091 and Pittsburg Municipal Code (PMC) section 18.14.020, a “Notice of Public Hearing” for the August 21, 2023, public hearing on this item was posted at City Hall and at and near the project site; was delivered to the Pittsburg Library; was mailed via first class mail to the applicant and property owner, to owners of property located within 300 feet of the project site, and to local service agencies anticipated to provide services to the business; and was mailed via first class mail or email to individuals and organizations who had previously filed written request for such notice. A copy of the notice was also placed on the “Public Notices” page of the city website on August 28, 2023. The notice was also posted on www.nextdoor.com (“Nextdoor”); and WHEREAS, on August 21, 2023, the City Council held a duly noticed public hearing on the Planning Commission’s recommendation for the City Council to approve the proposed amendments to various sections of Title 18; and WHEREAS, this amendment of the municipal code is exempt from the requirements of the California Environmental Quality Act (CEQA) under the general rule of applicability of the state CEQA Guidelines, section 15061, in that the activity in question consists of zoning text changes that would not result in a physical impact on the environment. The proposed revisions to the zoning code do not include any mapping changes that would allow new uses in areas not previously permitted, and the text changes/clarifications proposed would not result in any direct significant negative physical impacts on the environment.
NOW, THEREFORE, the City Council does ORDAIN as follows:
SECTION 1. Findings.
A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporate by reference.
B. Based on the City Council Staff Report dated August 21, 2023, and entitled, “Introduction and Waive First Reading of Two Ordinances: Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, and Amending Title 18 Miscellaneous Text Amendments”, and based on all written and oral testimony presented at the meeting, the City Council finds that:
1. All recitals above are true and correct and are incorporated herein by 432
Ordinance No. 23-1510 Page 3 of 13 September 18, 2023 reference.
2. The proposed amendments are consistent with the objectives, policies, general land uses and programs in the General Plan. Most specifically, Land Use Element (LUE) Goal 2-P-2 which directs the city to update the City’s Zoning Ordinance and Subdivision Regulations for consistency with the General Plan, including the General Plan Diagram and Goal 2-P-17 which directs the city to maintain regulations to permit second units (accessory dwellings) in single-family residential developments in accordance with State law.
3. The proposed amendments are compatible with uses and regulations of the land use district for which they are proposed, in that the proposed amendments would clarify provisions, as well as conform Title 18 to recently enacted state legislation on ADUs.
4. There is a community need for the proposed amendments in that they make PMC Title 18 more current to administering land use policies within the City of Pittsburg.
5. The proposed changes would be in conformity with the public convenience, general welfare, and good zoning practice, in that it removes ambiguities to make it clear and easier for both staff and the general public to understand and use as a guide in planning and processing development applications.
C. The Staff Report entitled, “Introduction and Waive First Reading of Ordinances Amending Title 18 of the Pittsburg Municipal Code Related to Accessory Dwelling Units, Definitions, Use Classifications, Development Regulations, and other Miscellaneous Text Amendments, AP-23-0002 (TA)” dated August 21, 2023, is referenced hereto as additional support for findings.
SECTION 2. Chapter 18.50, Residential Districts (R), Article IV., “Accessory Dwelling Units and Junior Accessory Dwelling Units” Section 18.50.310(E-I) of the PMC is hereby amended to read as follows (new language shown on bold italic, deleted language shown in strikethrough):
Section 18.50.310 Administrative review.
E. Public and utility services including emergency access are adequate to serve both dwellings;
E. F. The accessory dwelling unit complies with the development standards applicable to “single-family dwellings, detached,” within the residential or planned development district in which the primary dwelling is located, except as allowed by PMC 18.50.315; 433
Ordinance No. 23-1510 Page 4 of 13 September 18, 2023 F. G. The primary dwelling and junior accessory dwelling unit shall not be occupied by two separate households under two separate leases. The primary dwelling and junior accessory dwelling unit built on the property shall be separately occupied only if the owner occupies one of the units. A deed restriction prohibiting sale and restricting the size and attributes of the JADU shall be recorded with the Contra Costa County recorder, on a form prepared by the city planner, and shall be a covenant running with the land. No certificate of occupancy shall be issued or no final inspection shall be conducted for the junior accessory dwelling unit unless the owner has submitted to the city planner a copy of the recorded restriction required by this subsection. Owner- occupancy shall not be required if the owner is a governmental agency, land trust, or housing organization;
G. H. The property owner must file an application with the planning division, which shall include:
1. Plans and elevations showing the proposed JADU and/or ADU and its relation to the primary dwelling, all existing or proposed structures on site, and all property lines;
2. Description of building materials;
3. Landscaping and exterior finish to be used;
4. Location of required parking pursuant to PMC 18.50.315;
5. Footprint (in square feet) of all existing and proposed structures, as well as the total lot coverage;
6. Any other information required to determine whether the proposed unit conforms to the requirements of this article;
7. A deemed-complete application for an ADU/JDU by the Planning Division shall be deemed approved, if not acted on within 60 days from the date it is deemed complete.
H. I. The property owner must register the JADU or ADU, if a rental, with the city of Pittsburg residential rental inspection program. No ADU or JADU shall be rented for a term of 30 days or less.
434
Ordinance No. 23-1510 Page 5 of 13 September 18, 2023 SECTION 3. Chapter 18.50 Residential Districts (R) Section 18.50.315 Design and development standards, Schedule 18.50.315 of the PMC is hereby amended to read as follows.
Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
Number of
Units
1 per lot within
the envelope of
the primary
dwelling that
may also have
an attached or
detached ADU.
1 per lot with a primary
dwelling that may also
have a JADU.
With a multifamily
residential use, multiple
ADUs within portions of
the existing structure that
were not used as livable
area, to no more than 25
percent of the existing
dwelling units on site.
1 per lot with a primary
dwelling that may also
have a JADU.
With a multifamily
residential use, up to 2
detached units per lot.
Maximum
Unit Size 500 Square Feet
(1.) Statewide
Exemption ADU -
Up to 800 square
feet (not subject
to lot coverage or
FAR);
(2.) ADUs (Not
Statewide
Exemption)
subject to
applicable
development
standards.
(1.) Statewide
Exemption ADU-
Up to 800 square
feet (not subject
to lot coverage or
FAR);
(2.) ADUs (Not
Statewide
Exemption)
subject to
applicable
development
standards. -
Maximum 1,200
435
Ordinance No. 23-1510 Page 6 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
A. Lesser of 50
percent of the
primary
dwelling floor
area, or up to
1,200 square
feet;
B. Up to 850
square feet
regardless of
50% limitation
above; and
C. Up to 1,000
square feet for
more than one
bedroom
regardless of
50% limitation
above.
square feet
Height and
Setbacks Not applicable
(1) Not permitted within
any portion of an
established front yard, as
defined by
PMC 18.06.745(B).
Except front yard
setbacks cannot
preclude a Statewide
(1) Not permitted within
any portion of an
established front yard, as
defined by
PMC 18.06.745(B).
Except front yard
setbacks cannot
preclude a Statewide
436
Ordinance No. 23-1510 Page 7 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
Exemption ADU (up to
800 square feet) and
must not unduly
constrain the creation of
all types of ADUs.
(2) Minimum 4 feet side,
corner side and/or rear
yard setback provided the
maximum height does not
exceed 16 feet with a roof
having a pitch of 3:12 or
greater.
(3) Corner side yard
setback may be increased
as necessary to maintain a
sight distance triangle
formed by the intersecting
street lines and a line
joining points on these
street lines at a distance of
30 feet from the
intersection of these lines
if deemed necessary by
traffic division for the
line of sight and safety
distance requirements
for
corner yard setbacks.
Exemption ADU (up to
800 square feet) and
must not unduly
constrain the creation of
all types of ADUs.
(2) Must be located at
least 4 feet from the walls
of the primary dwelling
unit or an accessory
structure.
(3) Minimum 4 feet side,
corner side and/or rear
yard setback, provided the
maximum height does not
exceed 16 feet with a roof
having a pitch of 3:12 or
greater.
(4) Corner side yard
setback may be increased
as necessary to maintain
a sight distance triangle
formed by the intersecting
street lines and a line
joining points on these
street lines at a distance
of 30 feet from the
intersection of these lines
437
Ordinance No. 23-1510 Page 8 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
if deemed necessary by
traffic division for the
line of sight and safety
distance requirements
for
corner yard setbacks.
Height
Up to 25 feet with
minimum roof pitch of
3:12;
1.) Up to 16 feet with
minimum roof
pitch of 3:12;
2.) Up to 18 feet with
minimum roof
pitch of 3:12
within 1/2 mile
walking distance
of a major transit
stop or a high-
quality transit
corridor, as those
terms are defined
in Public
Resources Code
(Section 21155),
and additional two
feet to
accommodate a
roof pitch of the
accessory
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Ordinance No. 23-1510 Page 9 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
dwelling unit that
is aligned with the
roof pitch of the
primary dwelling
unit;
3.) Up to 18 feet with
minimum roof
pitch of 3:12 on a
lot with an
existing or
proposed multi-
family, multi-story
dwelling.
Exterior
Appearance
The junior
accessory
dwelling unit shall
be constructed
within the walls of
the proposed or
existing single-
family residence
to be compatible
with the design of
the primary
dwelling unit in
terms of building
materials, colors
The accessory dwelling
unit must be compatible
with the design of the
primary dwelling unit in
terms of building
materials, colors and
exterior finishes and
architectural style. The
entrance of an attached
accessory dwelling unit
shall not be visible from
the public right-of-way.
The accessory dwelling
unit must be in harmony
with the primary dwelling
unit or convey the
appearance of a single-
family home.
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Ordinance No. 23-1510 Page 10 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
and exterior
finishes and
architectural
style.
Conversion of
an Existing
Structure
An accessory structure lawfully established that does not conform to 1 or more of the development standards contained in this section may be converted to an accessory dwelling unit, provided the structure: (a) meets the criteria established in PMC 18.50.310; (b) and may be altered up to 150 square feet as not to increase the discrepancy between the existing nonconforming conditions and the standards contained in this section; and (c) any walls within setback areas comply with applicable building and fire codes.
Building
Foundation Permanent foundation required.
Unit Access
The separate
entrance of an
attached junior
accessory
dwelling unit and
may include an
interior
connection to the
single-family
dwelling and may
be secured by a
locking door.
Separate unit access
required. The exterior
entry shall not be visible
from the public right-of-
way. If the exterior entry is
on the second floor, the
stairway shall not be
located in the front of the
primary dwelling. Interior
access between an
attached accessory
dwelling unit and the
primary dwelling may be
provided and may be a
Separate unit access
required. If the exterior
entry is on the second
floor, the stairway shall not
be located in the front of
the primary dwelling.
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Ordinance No. 23-1510 Page 11 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
door equipped with a
double lock.
Kitchen
Facilities
An efficiency
kitchen shall
include cooking
facilities and a
food preparation
counter with
storage cabinets
that are of
reasonable size
in relation to the
size of the junior
accessory
dwelling unit.
Separate kitchen facilities required.
Sanitation
Facilities
A junior
accessory
dwelling unit may
include separate
sanitation
facilities, or may
share sanitation
facilities with the
existing structure.
Separate sanitation facilities required.
Utility Meters Separate gas and electric meters may be permitted if approved by the chief building official and utility provider.
Required
Parking
No additional
parking stalls 1 spacea or zerob, c
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Ordinance No. 23-1510 Page 12 of 13 September 18, 2023 Schedule 18.50.315: Accessory Dwelling Units and Junior Accessory Dwelling Units – Development Regulations
Unit
Classification JADU Attached ADU Detached ADU
required.
a Required parking space(s) may be in tandem with required parking for the primary dwelling unit.
b No additional parking shall be required for an accessory dwelling unit which meets one or more of the following: (a) is located within one-half mile of a public transit stop (in such cases, the one-half mile standard shall be based on the actual walking route between the accessory dwelling unit and the transit stop rather than on a straight line between the two points); (b) is located within an architecturally and historically significant historic district; (c) is located entirely within the proposed or existing primary dwelling or an existing accessory structure and results in no net addition of floor area on the property; (d) when on-street parking permits are required but not offered to the occupant of the accessory dwelling unit; or (e) When there is a car share vehicle located within one block of the accessory dwelling unit; or (f) When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or new multifamily dwelling on the same lot, provided that the accessory dwelling unit or parcel satisfies any other criteria listed in this paragraph. c When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, no replacement of off- street parking is required.
SECTION 3. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption.
SECTION 4. Severability. If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 442
Ordinance No. 23-1510 Page 13 of 13 September 18, 2023 independent provision, and such holding shall not affect the validity of the remaining portions.
SECTION 5. Publication. The ordinance shall be posted and published in accordance with the California Government Code.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on August 21, 2023, and was adopted and ordered published at a meeting of the City Council held on September 18, 2023, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
443
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor/Chair and Council/Governing Board Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a Pittsburg Power Company Resolution Approving the 2022 Annual Power Source Disclosure Report to the California Energy Commission
MEETING DATE: September 18, 2023
EXECUTIVE SUMMARY
State Law, Public Utilities Code Section 398.1(b), requires all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers. The Pittsburg Power Company (PPC) provides electricity retail service on Mare Island, Vallejo in the name of Island Energy (IE) and is required by law to disclose the sources of its energy procurement and sales to its end users on Mare Island. The CEC requires the Governing Board of the Pittsburg Power Company to approve its 2022 Annual Power Source Disclosure Report (PSD Report).
FISCAL IMPACT
Approval of the 2022 Annual Power Source Disclosure Report has no fiscal impact to IE’s Enterprise Fund or the City of Pittsburg’s General Fund.
RECOMMENDATION
The Governing Board of the Pittsburg Power Company approve the 2022 Annual Power Source Disclosure Report, attests the information contained in the report is true and accurate and the energy that PPC procured was sold once and only once to end use customers on Mare Island, Vallejo.
BACKGROUND
Electricity retail suppliers are required to report the resources or fuel types of power procured and sold in the form of a Power Source Disclosure Report developed by the CEC.
The CEC also requires the power source disclosure report to be independently audited. An electricity retail supplier that is a public agency, such as PPC, is not required to comply with the audit requirements if the board of directors of the public agency approves the power 444
source disclosure report at a public meeting and attests the information contained in the power source disclosure Report is accurate.
SUBCOMMITTEE FINDINGS
The 2022 Annual Power Source Disclosure Report has not been presented to the Pittsburg Power Subcommittee.
STAFF ANALYSIS
The 2022 Power Source Disclosure Report shows that during calendar year 2022, 25.8% of PPC’s annual electricity sales to end use customers was purchased from solar generation,
0.9% from eligible hydroelectric sources, 9.6% from large hydroelectric generation, 4.0% from onsite distributed solar generation and 59.8% from unspecified source. In total, 26.6% of IE’s 2022 annual electricity sales to end use customers comes from CEC certified renewable sources. The methodology used in preparation of the 2022 PSD report is consistent with the CEC’s filing guidelines.
Due to the increasing regulatory RPS requirements and higher electricity sales to energy customers, Renewable energy procured from the existing renewable energy procurement contract is not sufficient to meet the RPS requirements of compliance period 4 (2021-2023).
Island Energy will purchase renewable energy and credits through short-term contracts to help meet the RPS requirement.
The 59.8% purchase from unspecified sources was power purchased from the California energy market and its sources of generation cannot be specified.
The 2022 Power Source Disclosure Report was filed with CEC on May 30, 2023, to meet the reporting deadline of June 1, 2023. In addition, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a verification from an auditor.
ATTACHMENTS: Resolution
2022 Annual Report of Power Source Disclosure Program
Report Prepared By: Vanessa Xie, Administrative Officer 445
Resolution No. Page 1 of 2 September 18, 2023
BEFORE THE GOVERNING BOARD OF THE PITTSBURG POWER COMPANY In the Matter of:
Approving the 2022 Annual Power Source )
Disclosure Report to the California Energy )
Commission ) RESOLUTION NO.
WHEREAS, the Pittsburg Power Company (“PPC”), a Joint Powers Authority, provides electricity and natural gas retail service at Mare Island, Vallejo in the name of Island Energy (“IE”); and
WHEREAS, State law and regulations require all retail suppliers of electricity products to file an annual report with the California Energy Commission (CEC) to disclose resources or fuel types of power procured and sold to end use customers, and attest that electricity was sold only once to retail customers; and WHEREAS, PPC, in compliance with the State law (Public Utilities Code 398.1(b)), is disclosing the sources of its energy procurement and sales to its end users on Mare Island, Vallejo; and
WHEREAS, the 2022 Power Source Disclosure Report (PSD Report) was submitted to the CEC on May 30, 2023, to meet the reporting deadline; and WHEREAS, the CEC regulations authorize a public agency electric retail provider that offers only one electricity product to approve submission of an attestation of the veracity of the annual report, in lieu of a requirement to provide a report from an auditor.
NOW, THEREFORE, the Governing Board of the Pittsburg Power Company DOES RESOLVE as follows:
1. Approves the 2022 Power Source Disclosure Report and attests to the veracity of said report.
2. Attests that the energy procured by Island Energy was sold once and only once to end use customers on Mare Island, Vallejo.
446
Resolution No. Page 2 of 2 September 18, 2023
PASSED AND ADOPTED by the Governing Board of the Pittsburg Power Company at a regular meeting on the 18th day of September 2023 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Shanelle Scales-Preston, Chair
ATTEST:
______________________________
Garrett Evans, Executive Secretary
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