Pittsburg City Council
October 16, 2023

CITY OF PITTSBURG
AGENDA
OCTOBER 16, 2023

CITY OF PITTSBURG MARINA CENTER
340 MARINA BOULEVARD, PITTSBURG, CA

PLEASE NOTE VENUE CHANGE DUE TO COUNCIL CHAMBER REMODEL

REGULAR MEETING
7:00 P.M.

CITY COUNCIL

PITTSBURG ARTS AND COMMUNITY FOUNDATION

PITTSBURG POWER COMPANY

SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II

SUCCESSOR AGENCY

PRESIDING
Shanelle Scales-Preston, Mayor/Chair
Juan Antonio Banales, Vice- Mayor/Chair
Jelani Killings, Council Member/Board Member
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
FOR HOUSING AUTHORITY:

S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
-------------------------------------------------------------------------------------------------------------------------- Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts.

All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. 1 7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING

CALL TO ORDER

ROLL CALL

PLEDGE OF ALLEGIANCE

PRESENTATIONS

1. Presentation by Contra Costa Water District

PROCLAMATIONS

2. National Immigrants Day

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

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

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

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

CONSIDERATION

3. Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County Employment and Human Services for a Technology Lab at the Pittsburg Senior Center
The City of Pittsburg has been awarded a $33,000 grant to provide a technology lab at the City’s Senior Center for older adults and persons with disabilities. Staff is requesting adoption of a resolution to accept the grants and allocate the funds to the FY 2023-24 Recreation budget.

4. Adoption of Minute Order to Appoint Board Members to the Pittsburg Enhanced Infrastructure Financing District Public Financing Authority On September 18th, 2023, the City Council adopted a revised Resolution of Intent (ROI) to establish an Enhanced Infrastructure Financing District (EIFD) as a financing mechanism for expanding and enhancing infrastructure within certain areas of the community. This step authorizes the City to establish a Public 2 Financing Authority (PFA), which will be responsible for overseeing the EIFD. The following action presented in this report is to appoint members, in accordance with Section 53398.51.1(a) of the California Government Code, to the PFA.

5. Adoption of a City Council Resolution to Authorize the City Manager to Negotiate and Execute an Agreement with Retail Strategies LLC for Commercial Business Recruitment Services and Allocating Funding
In order to further its retail, restaurant, and other commercial business recruitment efforts, the City is proposing to enter into a professional services contract with Retail Strategies LLC in an amount not-to-exceed $150,000.

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

COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,

PITTSBURG POWER COMPANY, SUCCESSOR AGENCY AND SOUTHWEST

PITTSBURG GHAD II CONSENT CALENDAR

6. Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 4097 - 2023/24 CDBG ADA Curb Ramp Installation Project 4097, 2023/24 CDBG ADA Curb Ramp Installation (“the Project”), is for the construction of 17 curb ramps in the neighborhoods located in the Parkside Manor, Carnegie Manor, and Rancho Medanos subdivisions. If adopted, this Resolution will accept the plans and specifications for the Project and authorize the City Manager to award a construction contract to Arias Concrete Contractor Inc.

7. Adoption of a City Council Resolution Authorizing Execution of the Fourth Amendment to the Consultant Services Agreement with Haley and Aldrich, Inc., Formerly Cal Engineering & Geology, Inc., for Supplemental Engineering Staff Services
To counteract the shortage of professionals available to complete the existing workload, the Engineering Division entered into an Agreement with Haley and Aldrich, Inc., formerly Cal Engineering & Geology, Inc., to supplement the division's staffing while recruitment is conducted for hard-to-fill positions. The Fourth Amendment to the agreement will increase the total compensation.

8. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the State of California Cannabis Tax Fund Grant for DUI-Drug Enforcement
The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of the Highway Patrol. The $22,525 grant will provide resources to fund various traffic enforcement and safety programs.
3 9. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the Office of Traffic Safety Grant Funds for the Selective Traffic Enforcement Program (STEP)
The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the Office of Traffic Safety. The $145,000 grant will provide resources to fund various traffic enforcement and safety programs.

10. Adoption of a City Council Resolution Amending the Business Improvement District Contract by and Between the City of Pittsburg and the Pittsburg Chamber of Commerce
On June 1, 2022, the City and the Pittsburg Chamber of Commerce (Chamber) entered into a Business Improvement District (BID) contract for Fiscal Year (FY) 2022-2023 for specific services to be provided to the City by the Chamber. Staff is proposing an amendment to the contract to extend the term and increase the compensation.

11. Adoption of a City Council and a Southwest Geological Hazard Abatement District II (GHAD) Resolution Authorizing an Interfund Loan of $1,756,462 from the GHAD Fund to the Economic Development Fund
On October 3, 2022, the City Council authorized the City Manager to negotiate and execute the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement by and between the City of Pittsburg and Stay Cal Pittsburg LLC (“Stay Cal”), including a market-interest loan of up to $4.3 million. To assist in meeting the City’s obligation to provide the loan, the City proposes to execute an interfund loan between the Southwest Geological Hazard Abatement District II (GHAD) Fund and Economic Development Fund in an amount of $1,756,462 (“Loan Amount”).

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

COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO NOVEMBER 6, 2023
4 NOTICE TO PUBLIC

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

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

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

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

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

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

LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U-Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information 5 City Council Outside Agency / Liaison / Sub-Committees Assignments - 2023 Updated July 17, 2023

OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Shanelle Scales-Preston / Jelani Killings Alt. Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alt. Standing 2 nd Wednesday 4:30 pm J. Samuelson East Co. Co. County Habitat Conservancy Juan Banales / Jelani Killings Alt. Standing 4 th Monday 2:00 pm J. Davis Bi-Monthly
East County Water Management Juan Banales / Jelani Killings Alt. Standing Annual J. Samuelson MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alt. Standing Quarterly 7:00 pm D. Buchanan TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alt. Standing 2 nd Thursday 6:30 pm J. Samuelson Tri-Delta Transit (2 reps)** S. Scales-Preston & Dionne Adams / Jelani Killings Alt. Standing Last Wednesday 4:00 pm J. Samuelson

LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of Calif. Cities Shanelle Scales-Preston / Jelani Killings Alt. Standing 3 rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Shanelle Scales-Preston / Juan Banales Alt. Standing 1 st Thursday 6:30 pm G. Evans School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alt. Standing 2 nd Thursday 4:00 pm M. Aliotti Quarterly
Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alt. Standing Monthly S. Albanese

SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Community and Economic Development Jelani Killings & Angelica Lopez / Juan Banales Alt. Standing As needed J. Davis Finance Management Shanelle Scales-Preston & Juan Banales / Jelani Killings Alt. Standing As needed P. Rodrigues Government Performance Juan Banales & Jelani Killings Ad Hoc As needed J. Brizel Infrastructure and Transportation Juan Banales & Dionne Adams / Angelica Lopez Alt. Standing As needed J. Samuelson Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alt. Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Jelani Killings / Dionne Adams Alt. Standing As needed S. Albanese Tobacco, Cannabis, Alcohol Policy Review Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed G. Evans *Stipend of $170 per month
**Stipend of $100 per month
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County Employment and Human Services for a Technology Lab at the Pittsburg Senior Center
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
The City of Pittsburg has been awarded a $33,000 grant to provide a technology lab at the City’s Senior Center for older adults and persons with disabilities. Staff is requesting adoption of a resolution to accept the grants and allocate the funds to the Fiscal Year 2023/24 Recreation Department budget.

FISCAL IMPACT
If approved, the resolution will authorize allocation of the $33,000 grant funds to the Fiscal Year 2023/24 Recreation Department budget under Fund 299-42191 (Miscellaneous Grants – Recreation). No additional expenditure from the General Fund is required for the receipt of the grants since no matching funds are required.

RECOMMENDATION
City Council adopt the attached resolution authorizing acceptance of the grants and allocation of the additional $33,000 to the Fiscal Year 2023/24 Recreation Department budget.

BACKGROUND
Staff applied for and was awarded a Home and Community Based Services (HCBS) – Older Adults Recovery and Resiliency Access to Technology Grant (OARR) in the amount of $33,000 from Contra Costa County Employment and Human Services. This fund is administered by Contra Costa County.

SUBCOMMITTEE FINDINGS
This item was not brought before a subcommittee.
8 STAFF ANALYSIS
The Older Adults Recovery and Resiliency Access to Technology Grant provides funding for agencies to provide a technology lab to older adults and persons with disabilities. Staff will utilize the grant funds to replace the current outdated lab located within the Pittsburg Senior Center located at 300 Presidio Lane. The new lab will feature thirteen encrypted workstations, a localized printer, large presentation monitor, replacement of outdated WiFi technology, as well as necessary network server, switches and routers for efficiency.

Additionally, the grant does allow for staff time for equipment installation. As part of the grant, funding covers the cost of an instructor and assistant to provide six classes to educate older adults and adults with disabilities on how to use technology to assist in the basics of daily living thereby helping them continue living independently in their communities.

The OARR Access to Technology Grant does not require matching funds.

ATTACHMENTS: Resolution
Contra Costa County Interagency Agreement Number 40-501-0 Report Prepared By: Kolette Simonton, Director of Recreation 9 Resolution No. 23- Page 1 of 1 October 16, 2023

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

Accepting Grant Funds from )
Contra Costa County Employment )
And Human Services Department )
For A Technology Lab at the ) RESOLUTION NO. 23-
Pittsburg Senior Center )
WHEREAS, the City applied for and was awarded a Home and Community Based Services (HCBS) – Older Adults Recovery and Resiliency Access to Technology Grant (OARR) in the amount of $33,000 from Contra Costa County Employment and Human Services; and
WHEREAS, the OARR Access to Technology Grant provides funding to agencies to provide a technology lab available to older adults and persons with disabilities; and WHEREAS, City will establish the OARR technology lab which includes thirteen workstations at the Pittsburg Senior Center located at 300 Presidio Lane; and WHEREAS, City will provide programming to educate older adults and adults with disabilities on how to use technology to assist in the basics of daily living thereby helping them continue living independently in their communities; and WHEREAS, Home and Community Based Services (HBCS – Older Adults Recovery and Resiliency Access to Technology Grant does not require a match; and WHEREAS, the City wishes to accept these grants and allocate the funds to the Fiscal Year 2023/24 Recreation Department budget (Fund 299-42191).

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the $33,000 grant from the Contra Costa County Employment and Human Services and allocates the funds to the Recreation Department budget for Fiscal Year 2023/24.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of October, 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Appointment of Board Members to the Pittsburg Enhanced Infrastructure Financing District Public Financing Authority MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
On September 18, 2023, the City Council adopted a revised Resolution of Intent (ROI) to establish an Enhanced Infrastructure Financing District (EIFD) as a financing mechanism for expanding and enhancing infrastructure within certain areas of the community. This step authorizes the City to establish a Public Financing Authority (PFA), which will be responsible for overseeing the EIFD. The following action presented in this report is to appoint members, in accordance with Section 53398.51.1(a) of the California Government Code, to the PFA.

FISCAL IMPACT
There is no immediate fiscal impact for appointing members to the Pittsburg PFA. Further information regarding fiscal impact will be analyzed as part of the development of the Infrastructure Financing Plan (IFP), which will be presented to the PFA at a date to be determined.

RECOMMENDATION
By Minute Order, establish the representatives comprising PFA Board as follows: the positions of Mayor and Vice Mayor; one (1) City Council member serving on the Finance and Administration Subcommittee, or if the Mayor and Vice Mayor both serve on the Subcommittee, any other member of the City Council as selected by the Mayor; the City Treasurer; one (1) additional member of the public recommended by the City Council.

BACKGROUND
An EIFD is a governmental entity, legally separate and distinct from the City, and is governed by a PFA for the purpose of funding public capital facilities and infrastructure, as well as other specified projects, such as affordable housing (affordable housing development is not a required component of an EIFD). EIFDs are funded by capturing 96 a portion of the property tax increment revenue (i.e. the difference in property taxes paid prior to and post development) generated within the EIFD. The EIFD may finance projects through the issuance of bonds or under a “pay-go” model where money is spent as it is collected.

On September 18, 2023, the City Council adopted a revised Resolution of Intent to establish an EIFD, which officially kicked off the formation process. The next step upon adoption of the ROI is for the City Council to appoint members to the PFA with the goal of holding the first PFA meeting on the month of November 2023. In that first meeting, the PFA would formally direct staff to begin developing the IFP.

STAFF ANALYSIS
Pursuant to section 53398.51.1(a) of the California Government Code, PFA membership shall be established as follows:

The public financing authority shall have a membership consisting of one of the following, as appropriate:
(1) If a district has only one participating affected taxing entity, the public financing authority’s membership shall consist of three members of the legislative body of the participating entity, and two members of the public chosen by the legislative body.

The appointment of the public members shall be subject to the provisions of Section 54974.
(2) If a district has two or more participating affected taxing entities, the public financing authority’s membership shall consist of a majority of members from the legislative bodies of the participating entities, and a minimum of two members of the public chosen by the legislative bodies of the participating entities. The appointment of the public members shall be subject to the provisions of Section 54974.

The Pittsburg EIFD is currently only made up of one participating affected taxing entity, the City of Pittsburg. Therefore, the PFA shall be comprised initially of three members of the City Council appointed by the City Council and two public members selected by the City Council.

If, at a future date, an additional taxing entity chooses to participate, such as the County of Contra Costa, it is recommended that the membership of the PFA be revised to consist of five members, including two members of the Pittsburg City Council, one member of the County Board of Supervisors, one public member appointed by the City, and one public member appointed by the County.

The legislative body of each participating taxing entity may appoint one of its members to be an alternate member of the PFA board who may serve and vote in place of a member who is absent or disqualifies themselves from participating in a meeting of the PFA. The members are subject to compliance with the EIFD Law and all applicable ethics laws.

Report Prepared By: Robert Carrera, Economic Development Manager 97 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize the City Manager to Negotiate and Execute an Agreement with Retail Strategies LLC for Commercial Business Recruitment Services and Allocating Funding MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
In order to further its retail, restaurant, and other commercial business recruitment efforts, the City is proposing to enter into a professional services contract with Retail Strategies LLC in an amount not-to-exceed $150,000.

FISCAL IMPACT
Staff is requesting the City Council allocate $150,000 of Business Improvement District (BID) funds to cover the cost of the contract.

RECOMMENDATION
City Council adopt a resolution allocating BID funds and authorizing the City Manager to negotiate and execute an agreement with Retail Strategies LLC for commercial business recruitment services.

BACKGROUND
On January 18, 2022, the City Council adopted the City’s current Economic Development Strategic Plan (EDSP). The EDSP includes goals that endeavor to 1) enhance quality of life for all residents and build the City of Pittsburg’s reputation as a regional destination; and 2) identify strategies for bringing additional commercial and job opportunities to underutilized areas of the City.

Within these goals are multiple implementation strategies that call for enhancing the vitality and aesthetic value of existing shopping centers; exploring policy options to encourage that vacant spaces be occupied such as code enforcement and contact with the owners; encouraging the development, maintenance, and connectivity of high-quality public spaces in Pittsburg; promoting linkages between shopping, entertainment, dining and nightlife 98 facilities; establishing a list of all vacant land and vacant building spaces with size, zoning, ownership, broker representation, contact information; and evaluating potential issues contributing to long-term underutilization of these sites/buildings.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
As detailed above, increasing retail and restaurant opportunities within Pittsburg is paramount in enhancing quality of life, providing additional job opportunities, and attracting higher-end employers. While the City does not lack spaces for commercial businesses to locate, staff believes enhanced marketing of these areas by a firm that has developed relationships with brokers, market analysts, real estate departments of major companies, and the companies themselves will assist in bringing in new and high-demand storefront to the City.

Retail Strategies has proposed a three-step, three-year process that would begin with an analysis of Pittsburg’s retail and real estate market, as well as input from the community.

Next, Retail Strategies would seek to connect the City and local commercial property owners with brokers, developers, restaurants, and retailers to further identify market opportunities. The end goal would be the attraction of major retailers or restaurants, to existing commercial areas, as well as developers to commercial areas prime for development through a prepared retail recruitment plan.

Retail Strategies was chosen for their expertise and success in the marketplace. Retail Strategies would also represent the City at trade shows like the International Council of Shopping Centers (ICSC), and would contact a minimum of 30 overall retailers, restaurants, brokers and/or developers each year. Staff would also note that Retail Strategies does not represent any other municipalities in Contra Costa County.

ATTACHMENTS

1. Proposed Resolution

2. Retail Recruitment Proposal
Report prepared by: Jordan Davis, Director of Community and Economic Development 99 Resolution No. 23- Page 1 of 2 October 16, 2023

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

Resolution Authorizing the City Manager)
to Negotiate and Execute a Professional )
Services Agreement with Retail ) RESOLUTION NO. 23-
Strategies LLC for Commercial )
Business Recruitment Services and )
Allocating Project Funding )
WHEREAS, on January 18, 2022, the City Council adopted the City’s current Economic Development Strategic Plan (EDSP); and
WHEREAS, the EDSP includes goals that endeavor to 1) enhance quality of life for all residents and build the City of Pittsburg’s reputation as a regional destination; and 2) identify strategies for bringing additional commercial and job opportunities to underutilized areas of the City; and
WHEREAS, within these goals are multiple implementation strategies that call for enhancing the vitality and aesthetic value of existing shopping centers; exploring policy options to encourage that vacant spaces be occupied such as code enforcement and contact with the owners; encouraging the development, maintenance, and connectivity of high-quality public spaces in Pittsburg; promoting linkages between shopping, entertainment, dining and nightlife facilities; establishing a list of all vacant land and vacant building spaces with size, zoning, ownership, broker representation, contact information; and evaluating potential issues contributing to long-term underutilization of these sites/buildings; and
WHEREAS, increasing retail and restaurant opportunities within Pittsburg is a paramount in enhancing quality of life, providing additional job opportunities, and attracting higher-end employers; and
WHEREAS, while the City does not lack spaces for commercial businesses to locate, staff believes enhanced marketing of these areas by a firm that has developed relationships with brokers, market analysts, real estate departments of major companies, and the companies themselves will assist in bringing in new and high-demand storefront to the City; and
WHEREAS, Retail Strategies was chosen for their expertise and success in the marketplace; and
WHEREAS, staff has determined that a budget of $150,000 would be adequate for implementation of the program; and
WHEREAS, in order to further its retail, restaurant, and other commercial business recruitment efforts, the City is proposing to enter into a professional services contract with Retail Strategies LLC in an amount not-to-exceed $150,000. 100
Resolution No. 23- Page 2 of 2 October 16, 2023
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to negotiate and execute an Agreement with Retail Strategies LLC for commercial business recruitment services in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000); and
BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby allocates One Hundred Fifty Thousand Dollars ($150,000) of Business Improvement District funds to cover the cost of the contract.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting the Plans and Specifications and Awarding Project 4097 - 2023/24 CDBG ADA Curb Ramp Installation
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
Project 4097, 2023/24 CDBG ADA Curb Ramp Installation (the “Project”), is for the construction of 17 curb ramps in the neighborhoods located in the Parkside Manor, Carnegie Manor, and Rancho Medanos subdivisions. If adopted, this Resolution will accept the plans and specifications for the Project and authorize the City Manager to award a construction contract to Arias Concrete Contractor Inc.

FISCAL IMPACT
The proposal from Arias Concrete Contractor Inc. is $144,965. Funding will be provided by the $220,000 from Community Development Block Grant (“CDBG”) previously allocated to the Project with City Council approved Resolution No. 23-14295. A Project Budget Summary is attached to this report.

The contingency requested allows for the remaining grant funds to be used towards the construction of additional curb ramps in authorized locations.

RECOMMENDATION
City Council adopt the attached resolution to accept the plans and specifications and authorize the City Manager to execute a construction contract for the Project with Arias Concrete Contractor Inc. for a total amount of $144,965.

Staff recommends City Council authorize the use of all available remaining funds as a construction contingency in the amount of $43,035 for unanticipated costs, contract change orders, and additional ramps in authorized locations.
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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 100% of the contingency amount.

BACKGROUND
On May 15, 2023, the City Council adopted Resolution No. 23-14295 approving the Community Development Block Grant 2023-2024 Annual Action Plan and approving the CDBG subcommittee recommendation authorizing funding for the Project in the amount of $220,000.

On September 8, 2023, staff distributed the Project for construction bids.

On Friday, September 29, 2023, construction bids were received and Arias Concrete Contractor Inc. was the lowest responsive responsible bidder with a base bid in the amount of $144,965.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
Installation of curb ramps at targeted subdivisions will efficiently improve access to public transportation, schools, businesses, and other community facilities for pedestrians, the mobility impaired, and physically challenged persons.

The City received 12 bids. The lowest bid was $144,965 and the highest bid was $259,680.

The lowest bid is 17% below the engineer’s estimate and 32% below the average of all 12 bids. The reason for the lower cost is Arias Concrete Contractor Inc. is a Pittsburg based company and they are relatively new.

ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Andrew Peters, Assistant Engineer
113
Resolution No. 23- Page 1 of 1 October 16, 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 4097 - 2023/24 ) RESOLUTION NO. 23- ADA Curb Ramp Installation _____ )

WHEREAS, Project 4097 - 2023/24 CDBG ADA Curb Ramp Installation (the “Project”) will construct 17 curb ramps in the neighborhoods located in the Parkside Manor, Carnegie Manor, and Rancho Medanos subdivisions; and
WHEREAS, on May 15, 2023, the City Council adopted Resolution No. 23-14295 approving the Community Development Block Grant 2023-2024 Annual Action Plan and approving the CDBG subcommittee recommendation authorizing funding for the Project in the amount of $220,000; and
WHEREAS, on September 8, 2023, staff advertised the Project for bids; and WHEREAS, on September 29, 2023, bids for construction of the Project were received and Arias Concrete Contractor Inc. was the lowest responsive responsible bidder with a base bid in the amount of $144,965; and
WHEREAS, staff recommends the City Council accept the plans and specifications; and
WHEREAS, staff recommends the that the City Manager be authorized to execute an agreement with Arias Concrete Contractor Inc. fin an amount not to exceed $144,965 for the Project construction; and
WHEREAS, staff further recommends establishing a construction contingency in the amount of $43,035 for unanticipated costs, contract change orders, and additional curb ramps in authorized locations; 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 100% of the contingency amount.

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 Arias Concrete Contractor Inc., authorizes a construction contingency in the amount of $43,035, 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 100% of the contingency amount. 114
Resolution No. 23- Page 1 of 1 October 16, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scale-Preston, Mayor
ATTEST BY:

Alice E. Evenson, City Clerk
115
Project Funding: 2022/2023 CDBG Grant $220,000
Funding Total $220,000
Project Expenditures:

Design: $0
(Code 2122)
Subtotal $0
Miscellaneous: Advertising $800
(Code 1399) Reproduction $100
Postage $100
Subtotal $1,000
Construction: Base Bid $144,965
(Code 2281) Contingency $43,035
Subtotal $188,000
Staff Time: Staff Costs During Design $6,000
(Code 1101) $25,000
Subtotal $31,000
$220,000
$0Remaining Balance
Estimated Expenditures Total
Project Budget Summary
Project 4097, 2023/2024 CDBG ADA Curb Ramp Installation Consultant Design
Staff Costs During Construction Management
116

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 Fourth Amendment to the Consultant Services Agreement with Haley and Aldrich, Inc., Formerly Cal Engineering & Geology, Inc., for Supplemental Engineering Staff Services
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
To counteract the shortage of professionals available to complete the existing workload, the Engineering Division entered into an Agreement with Haley and Aldrich, Inc., formerly Cal Engineering & Geology, Inc., to supplement the division's staffing while recruitment is conducted for hard-to-fill positions. The Fourth Amendment to the agreement will increase the total compensation.

FISCAL IMPACT
The current total compensation is $1,110,056.

The Fourth Amendment would increase the compensation by $70,400 for a total compensation of $1,180,456.

The Amendment would be funded by active project budgets and the Engineering Division contractual and professional services budget for Fiscal Year 2023/24.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing execution of the Fourth Amendment to the Agreement with Haley and Aldrich, Inc. for increased compensation for supplemental staffing while recruitment is conducted for hard-to-fill positions.

BACKGROUND
In December 2020, the Senior Traffic Engineer retired.
117
In March 2022, the Senior Engineer Capital Improvement Program (CIP) Manager retired.

On March 21, 2022, the City executed the Agreement with Cal Engineering & Geology, Inc. (CE&G) to counteract this shortage of professionals and provide supplemental staffing for the backlog of CIP projects in the amount of $75,000.

On June 20, 2022, City Council adopted Resolution No. 22-14114, approving Contract Change Order No. 1, which extended the term of the Assistant City Engineer supplement and added a senior engineer consultant to manage special projects in the amount of $479,000. That agreement expired on December 31, 2022.

In October 2022, the Associate Traffic Engineer separated.

In January 2023, the Associate Engineer CIP Manager separated.

In January 2023, Haley and Aldrich, Inc. purchased Cal Engineering & Geology, Inc.

On February 21, 2023, the City Council adopted Resolution No. 23-14253, authorizing the City Manager to execute the Second Amendment, extending the Interim Assistant City Engineer and senior engineering staff services and increasing the agreement scope to include a Capital Improvement Program Manager, a Senior Traffic Engineer, and a traffic engineer at a cost of $556,056 for a total contract amount of $1,110,056 funded by salary savings from unfilled budgeted Engineering Division staff positions and extending the term to June 30, 2023.

On June 19, 2023, the City Manager executed the Third Amendment extending the term to June 30, 2024.

SUBCOMMITTEE FINDINGS
This item was not brought before a subcommittee.

STAFF ANALYSIS
The Engineering Division has experienced a shortage of qualified professionals to keep the CIP and Traffic Sections moving forward and manage grant funded projects. To counteract the overall shortage of professionals, the Engineering Division uses consultants to supplement the division's staffing while recruitment is conducted for hard-to-fill positions.

Recent recruitments for regular engineering staff have been successful, and the division will be fully staffed by the end of 2023. Consulting engineers will be phased out as regular staff complete the onboarding process.

ATTACHMENTS: Resolution
Fourth Amendment with Haley and Aldrich, Inc.

Report Prepared By: Sharon Paz, Administrative Analyst ll 118
Resolution No. 23- Page 1 of 2 October 16, 2023

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

Authorizing Execution of the Fourth )
Amendment to the Consultant Services )
Agreement with Haley and Aldrich, Inc., ) RESOLUTION NO. 23- Formerly Cal Engineering & Geology, Inc., )
for Supplemental Engineering Staff )
Services )
WHEREAS, to counteract the shortage of professionals, the Engineering Division utilizes consultants to perform the work typically undertaken by regular staff while recruitment is conducted for hard-to-fill positions; and WHEREAS, on March 21, 2022, the City Manager executed an initial Consultant Services Agreement with Cal Engineering & Geology, Inc. for supplemental senior engineering services in the amount of $75,000; and
WHEREAS, on June 20, 2022, the City Council adopted Resolution No. 22-14114, authorizing the City Manager to amend the Agreement by executing Contract Change Order No. 1, which increased and extended staff supplement through December 31, 2022, at a cost of $479,000 for a total contract amount of $554,000; and WHEREAS, on February 21, 2023, the City Council adopted Resolution No. 23- 14253, authorizing the City Manager to execute the Second Amendment, extending the Interim Assistant City Engineer and senior engineering staff supplement, and increasing the agreement scope to include a Capital Improvement Program Manager, a Senior Traffic Engineer, and an Associate Traffic Engineer at a cost of $556,056 for a total contract amount of $1,110,056 funded by salary savings from unfilled budgeted Engineering Division staff positions and extending the term to June 30, 2023; and WHEREAS, on June 19, 2023, the City Manager executed the Third Amendment extending the term to June 30, 2024; and
WHEREAS, the City wishes to execute a Fourth Amendment, increasing the compensation by $70,400 for a total compensation of $1,180,456 funded by existing project budgets and the Engineering Division contractual and professional services budget for Fiscal Year 2023/24; and
WHEREAS, the Engineering Division has been successful in recruiting regular employees and anticipates being fully staffed by the end of 2023. Consulting engineers will be phased out as regular staff complete the onboarding process.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Fourth Amendment to the Consultant Services Agreement with Haley and Aldrich, Inc.
119
Resolution No. 23- Page 2 of 2 October 16, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
120

FOURTH AMENDMENT TO

CONSULTING SERVICES AGREEMENT BETWEEN

CITY OF PITTSBURG AND
HALEY AND ALDRICH, INC., FORMERLY CAL ENGINEERING & GEOLOGY, INC., NOW OPERATING UNDER THE NAME HALEY AND ALDRICH, INC.

This Fourth Amendment to the Principal Agreement made and entered into on March 21, 2022, hereafter referred to as Agreement, between Haley and Aldrich, Inc. , 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 16th day of October 2023.

WHEREAS, the parties entered into an Agreement for supplemental engineering services on March 21, 2022; and

WHEREAS, on August 1, 2022, the parties amended the Agreement by executing Contract Change No. 1, to perform additional work, adding $479,000 to the total compensation for a total contract amount of $554,000, and extending the initial term of the Agreement to December 31, 2022; and

WHEREAS, in January 2023, Cal Engineering & Geology, Inc. was acquired by Haley and Aldrich, Inc.; and

WHEREAS, on February 21, 2023, the parties amended the Agreement by executing the Second Amendment to the Agreement, extending Senior Engineer services, adding traffic engineering services, increasing the compensation by $556,056 for a total contract amount of $1,110,056, and further extending the term of the Agreement to June 30, 2023; and

WHEREAS, on June 19, 2023, the parties amended the Agreement by e xecuting the Third Amendment to the Agreement, extending Senior Engineer and traffic engineering services to June 30, 2024; and

WHEREAS, the parties seek to amend the Agreement by increasing the compensation by $70,400 for a total compensation of $1,180,456.

NOW, THEREFORE, Consultant and City do mutually agree as follows:

1. Compensation. Section 2 of the Agreement is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed One Million One Hundred Eighty Thousand Four Hundred Fifty-Six Dollars ($1,180,456), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.

DocuSign Envelope ID: AA865C76-3A7F-4E36-B29A-38230FD88956 121

2. Exhibit B Compensation Schedule. Exhibit B is hereby amended to include Attachment 2 of this Fourth Amendment.

3. Integration. This Fourth 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 Fourth Amendment. This Fourth 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.

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

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

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

7. Authority. The person signing this F ourth Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Fourth Amendment on behalf of Consultant.

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

DocuSign Envelope ID: AA865C76-3A7F-4E36-B29A-38230FD88956 122
CONSULTANT:

Haley and Aldrich, Inc., formerly Cal
Engineering & Geology, Inc. now operating
under the name Haley and Aldrich, Inc., a
California corporation

By:

Philip Gregory, Senior Principal

CITY:

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

By:

Garrett Evans, City Manager

ATTEST:

By:

Alice E. Evenson, City Clerk

APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney

DocuSign Envelope ID: AA865C76-3A7F-4E36-B29A-38230FD88956 123
ATTACHMENT 2

COMPENSATION SCHEDULE

Senior Engineer services will be compensated on a time and expense basis, at an hourly rate of $225.

Traffic Engineer services will be compensated on a time and expense basis, at an hourly rate of $165.

DocuSign Envelope ID: AA865C76-3A7F-4E36-B29A-38230FD88956 124
Certificate Of Completion
Envelope Id: AA865C763A7F4E36B29A38230FD88956 Status: Completed Subject: Complete with DocuSign: 4th Amend Haley and Aldrich 10-16-23.pdf Source Envelope:

Document Pages: 4 Signatures: 1 Envelope Originator:

Certificate Pages: 4 Initials: 0 Sharon Paz
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
65 Civic Ave
Pittsburg, CA 94565
[email protected]
IP Address: 107.1.56.110
Record Tracking
Status: Original
10/2/2023 3:35:48 PM
Holder: Sharon Paz
[email protected]
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: City of Pittsburg Location: DocuSign Signer Events Signature Timestamp
Philip Gregory
[email protected]
Senior Principal
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 76.21.48.145
Sent: 10/2/2023 4:00:11 PM
Viewed: 10/2/2023 4:46:53 PM
Signed: 10/3/2023 11:17:22 AM
Electronic Record and Signature Disclosure:

Accepted: 10/2/2023 4:46:53 PM
ID: 7366b37b-693e-4816-879e-b6320472e864
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/2/2023 4:00:11 PM
Certified Delivered Security Checked 10/2/2023 4:46:53 PM Signing Complete Security Checked 10/3/2023 11:17:22 AM Completed Security Checked 10/3/2023 11:17:22 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
125

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126
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128

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the State of California Cannabis Tax Fund Grant for DUI-Drug Enforcement
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
The Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of the Highway Patrol. The $22,525 grant will provide resources to fund various traffic enforcement and safety programs.

FISCAL IMPACT
There is no impact to the City’s General Fund. Upon award of the grant funds, the Police Department is requesting appropriation of $22,525 to the Fiscal Year 2023/24 budget to fund overtime costs for supervisors, uniformed officers, and civilian staff to conduct (1) driving under the influence (DUI-D) checkpoint operation, (4) DUI-D roving patrols, (4) collaborative DUI-D enforcement operations, and in-state travel for approved DUI-D enforcement schools. State funds allocated under this agreement shall not exceed $22,525.

RECOMMENDATION
Staff recommends City Council approval of the attached resolution authorizing the acceptance and appropriation of funds and authorizing the City Manager to act on the City’s behalf relative to this grant including the establishment of necessary fiscal accounting.

BACKGROUND
With the passage of Proposition 64, the Control, Regulate, and Tax Adult Use Marijuana Act, in 2016 California voters mandated the State set aside funding for the California Highway Patrol (CHP) to disperse to local governments and qualified nonprofit organizations for the education, prevention, and enforcement of impaired driving laws. The California Highway Patrol Cannabis Tax Fund Grant Program will provide $17 Million in Grant Funding for projects focused on impaired driving to Local Governments. 129
The goal of the Cannabis Tax Grant Traffic Enforcement Program is to induce motorists to drive safely. To achieve this goal, this grant combines intensive enforcement of a specific traffic safety law with extensive communication, education, and outreach informing the public about the enforcement activity.

SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on October 2, 2023.

STAFF ANALYSIS
The premise of the Cannabis Tax Grant is that an individual’s discomfort or fear of being stopped for a traffic safety violation outweighs the desire not to comply with the law. Like any good deterrence program designed to change motorists’ behavior, this grant is conducted throughout the year to maintain positive behavior, public awareness, and law enforcement engagement.

The major organizational components of the Cannabis Grant are project staffing and management, problem identification and goal setting, and program and evaluation design.

Each of these three components are vital to the success of this grant.

For Pittsburg, the goal of the Cannabis Grant is to reduce the number of victims killed and injured in all automobile crashes. This includes drug related and all other primary collision factor incidents. The Police Department will conduct selective high-visibility traffic operations, DUI-D roving patrols, as well as provide additional training to officers related to DUI-D enforcement during a twelve-month grant period to meet this goal. These operations are very effective forms of enforcement and increase the perception of the risk of arrest if they are adequately publicized and highly visible to the public.

ATTACHMENTS: Resolution
Report Prepared By: Steve Albanese, Chief of Police
130
Resolution No. 23- Page 1 of 1 October 16, 2023

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

Approving Acceptance and Authorizing Use of )
Funds from the California Highway Patrol ) RESOLUTION NO. 23- Cannabis Tax Fund Grant )
WHEREAS, the Police Department has applied for and was awarded $22,525 in grant program funds from the California Highway Patrol Cannabis Tax Fund Grant Program; and,
WHEREAS, the grant funds are intended to pay the City’s overtime costs for supervisors, uniformed officers and civilian staff to conduct selective traffic enforcement operations including; driving under the influence (DUI-D) checkpoints, DUI-D roving patrols, collaborative roving patrols, and travel during the one year grant period.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to accept grant funds from the California Highway Patrol Cannabis Tax Fund, allocate funds to pay for costs associated with conducting the DUI-D enforcement activities, and execute all necessary documents.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th of October, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
131

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the Office of Traffic Safety Grant Funds for the Selective Traffic Enforcement Program (STEP)
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
The Police Department is seeking City Council authorization to accept and appropriate grant funds from the Office of Traffic Safety. The $145,000 grant will provide resources to fund various traffic enforcement and safety programs.

FISCAL IMPACT
Upon award of the grant funds, the Police Department is requesting appropriation of $145,000 to the Fiscal Year 2023/24 budget to fund overtime costs for supervisors, uniformed officers, and civilian staff to conduct (5) driving under the influence (DUI) checkpoint operations, (15) DUI roving patrols, (4) collaborative DUI enforcement operations, (35) Traffic Enforcement Operations, in-state travel for approved DUI enforcement schools, and DUI enforcement equipment. State funds allocated under this agreement shall not exceed $145,000.

RECOMMENDATION
Staff recommends City Council approval of the attached resolution authorizing the acceptance and appropriation of funds and authorizing the City Manager to act on the City’s behalf relative to this grant including the establishment of necessary fiscal accounting.

BACKGROUND
The goal of the Selective Traffic Enforcement Program (STEP) is to induce motorists to drive safely. To achieve this goal, the STEP model combines intensive enforcement of a specific traffic safety law with extensive communication, education, and outreach informing the public about the enforcement activity. First used in Canada, the evolution of STEP has brought high-visibility enforcement campaigns popularized by the National Highway Traffic Safety Administration’s Click It or Ticket seat belt program. 132

SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on October 3, 2023.

STAFF ANALYSIS
The premise of the STEP model is that an individual’s discomfort or fear of being stopped for a traffic safety violation outweighs the desire not to comply with the law. Like any good deterrence program designed to change motorists’ behavior, STEP is conducted throughout the year to maintain positive behavior, public awareness, and law enforcement engagement.

The major organizational components of a STEP are project staffing and management, problem identification and goal setting, and program and evaluation design. Each of these three components are vital to the success of a STEP.

For Pittsburg, the goal of the STEP is to reduce the number of victims killed and injured in all automobile crashes. This includes alcohol related and all other primary collision factor incidents. The Police Department will conduct selective traffic operations, DUI roving patrols, and a motorcycle safety operation as well as provide additional training related to DUI enforcement during a twelve-month grant period to meet this goal. These operations are very effective forms of enforcement and increase the perception of the risk of arrest if they are adequately publicized and highly visible to the public.

ATTACHMENTS: Resolution
Report Prepared By: Steve Albanese, Chief of Police
133
Resolution No. 23- Page 1 of 1 October 16, 2023

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

Approving Acceptance and Authorizing Use of )
Funds from the Office of Traffic Safety Selective ) RESOLUTION NO. 23- Traffic Enforcement Program (STEP) Grant )
WHEREAS, the Pittsburg Police Department has applied for and was awarded $145,000 in grant program funds from the Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant; and,
WHEREAS, the grant funds are intended to pay the City’s overtime costs for supervisors, uniformed officers and civilian staff to conduct selective traffic enforcement operations including; driving under the influence (DUI) checkpoints, DUI roving patrols, collaborative roving patrols, traffic safety patrols, educational presentations, equipment, and travel during the one year grant period.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to accept grant funds from the Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant, allocate funds to pay for costs associated with conducting the DUI and traffic enforcement activities, and execute all necessary documents.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th of October, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
134

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 First Amendment to Business Improvement District Contract by and Between the City of Pittsburg and the Pittsburg Chamber of Commerce
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
On June 1, 2022, the City and the Pittsburg Chamber of Commerce (Chamber) entered into a Business Improvement District (BID) contract for Fiscal Year (FY) 2022-2023 for specific services to be provided to the City by the Chamber. Staff is proposing an amendment to the contract to extend the term and increase the compensation.

FISCAL IMPACT
Approval of the contract amendment would increase the compensation amount from $30,000 to $60,000. The initial contract amount as well as the increase have been budgeted through the FY 2023 and FY 2024 adopted budgets, and no additional allocation is requested.

RECOMMENDATION
City Council adopt the attached Resolution approving the First Amendment to the BID contract.

BACKGROUND
In 1972, the Chamber was designated as the advisory board for the BID. The advisory board’s role was to advise the City and provide recommendations as to how the business improvement tax is to be used. Since the inception of the BID, the City and the Chamber have shared the business improvement tax collected and the Chamber has used the funds to promote, retain, and attract businesses to the City and develop programs that support local businesses. Because all licensed businesses pay the business improvement tax, the City’s direction to the Chamber has been to provide support to all Pittsburg businesses and not just businesses who are Chamber members.
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In 1999, the relationship between the City and the Chamber was formalized into a service contract for specific services to be performed by the Chamber during a fiscal year that benefited Pittsburg’s business community.

On April 4, 2022, the City Council authorized the current contract with Chamber, allocating $30,000 of funds collected from the B.I.D.

SUBCOMMITTEE FINDINGS
The proposed amendment to the BID contract was presented to and discussed by the Economic Development/ Waterfront Development Subcommittee on May 11, 2023. The Subcommittee was supportive of the term extension and compensation increase.

STAFF ANALYSIS
The City and the Chamber have worked together to develop the scope of services to ensure that its goals are aligned and that the proposed services identified in the scope of services meet the City’s needs.

Due to staffing changes and shortages, the City sought assistance from the Chamber on several tasks not outlined within the initial scope, including: assistance with Family Fun Fridays in 2022; hosting/leading online webinars for small businesses; and a PHS Marching Band fundraising event designed to support Downtown activity.

The Chamber also assisted on tasks noted within the approved scope, including: 1) business outreach; 2) business watch program; 3) Government relations, 4) Assisting with gateway projects.

ATTACHMENTS:

1. Resolution

2. First Amendment to Contract

3. BID Contract
Report Prepared By: Jordan Davis, Director of Community and Economic Development 136
Resolution No. 23- Page 1 of 2 October 16, 2023

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of:

Adoption of a City Council Resolution Approving the ) First Amendment to Business Improvement District ) RESOLUTION NO. 23- Contract )
WHEREAS, in 1972, the Pittsburg Chamber of Commerce (“Chamber”) was designated as the advisory board for the Business Improvement District (BID); and WHEREAS, the advisory board’s role was to advise the City and provide recommendations as to how the business improvement tax is to be used; and WHEREAS, since the inception of the BID, the City and the Chamber have shared the business improvement tax collected and the Chamber has used the funds to promote, retain, and attract businesses to the City and develop programs that support local businesses. Because all licensed businesses pay the business improvement tax, the City’s direction to the Chamber has been to provide support to all Pittsburg businesses and not just businesses who are Chamber members; and
WHEREAS, in 1999, the relationship between the City and the Chamber was formalized into a service contract for specific services to be performed by the Chamber during a fiscal year that benefited Pittsburg’s business community; and WHEREAS, the City and the Chamber propose to enter into a BID contract for fiscal year 2022-2023 for specific services to be provided to the City by the Chamber; and WHEREAS, on April 4, 2022, the City Council authorized the current contract with Chamber, allocating $30,000 of funds collected from the B.I.D.; and WHEREAS, due to staffing changes and shortages, the City sought assistance from the Chamber on several tasks not outlined within the initial scope, including: assistance with Family Fun Fridays in 2022; hosting/leading online webinars for small businesses; and a PHS Marching Band fundraising event designed to support Downtown activity; and WHEREAS, the Chamber also assisted on tasks noted within the approved scope, including: 1) business outreach; 2) business watch program; 3) government relations, 4) assisting with gateway projects.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the First Amendment to the Business Improvement District Contract by and Between the City of Pittsburg and the Pittsburg Chamber of Commerce, and allocates the additional funding necessary to meet the City’s obligations of the contract. 137
Resolution No. 23- Page 2 of 2 October 16, 2023
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Shanelle Scales-Preston, Mayor
ATTEST:

Alice E. Evenson, City Clerk
138

FIRST AMENDMENT TO THE

BUSINESS IMPROVEMENT DISTRICT CONTRACT BY AND BETWEEN

THE CITY OF PITTSBURG AND PITTSBURG CHAMBER OF COMMERCE This First Amendment to the Principal Agreement made and entered into on October 17, 2023, hereafter referred to as Agreement, between the Pittsburg Chamber of Commerce, a California Non-Profit Organization, 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 17th day of October, 2023.

WHEREAS, the parties entered into an Agreement for contract services intended to enhance the commercial areas and businesses that comprise and pay into the Business Improvement District (BID); and
WHEREAS, the parties desire to extend the term and increase the amount of compensation for BID services during the Fiscal Year (FY) 2023 and FY 2024.

NOW, THEREFORE, Consultant and City do mutually agree as follows:

1. Term. Section 2, “Time of Performance,” of the Agreement term is hereby amended to read as follows:

The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2024 or the date the Consultant completes the services specified in Exhibit A, whichever occurs first, unless the term of the Agreement is otherwise terminated or extended, as referenced herein

2. Compensation. Section 3, “Compensation,” subsection “A,” of the Agreement is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed Sixty Thousand Dollars ($60,000) for services to be performed under this Agreement. This dollar amount is not a guarantee that the City will pay that full amount to the Consultant, but is merely a limit of potential City expenditures under this Agreement.

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

6. Inconsistencies. In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First 139
Amendment shall control in all respects.

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

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

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

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

CONSULTANT:

PITTSBURG CHAMBER OF
COMMERCE, a non-profit organization
By:

Wolfgang Croskey, CEO
CITY:

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

Garrett Evans, City Manager
APPROVED AS TO FORM:

By:

Donna Mooney, City Attorney
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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/City Manager
SUBJECT: Adoption of a City Council and a Southwest Geological Hazard Abatement District II (GHAD) Resolution Authorizing an Interfund Loan of $1,756,462 from the (GHAD) Fund to the Economic Development Fund
MEETING DATE: October 16, 2023

EXECUTIVE SUMMARY
On October 3, 2022, the City Council authorized the City Manager to negotiate and execute the Seventh Amendment to the Amended and Restated Purchase and Sale Agreement by and between the City of Pittsburg and Stay Cal Pittsburg LLC (“Stay Cal”), including a market-interest loan of up to $4.3 million. To assist in meeting the City’s obligation to provide the loan, the City proposes to execute an interfund loan between the Southwest Geological Hazard Abatement District II (GHAD) Fund and Economic Development Fund in an amount of $1,756,462 (“Loan Amount”).

FISCAL IMPACT
The loan amount of $1,756,462 would be provided to the Economic Development Fund (Fund 202). $556,462 of the Loan Amount would be used to reimburse the General Fund (Fund 110) for payments made to outside agencies for fees related to construction of the Courtyard by Marriott Hotel pursuant to the City’s loan to Stay Cal. The remaining $1,200,000 would be provided as cash to Stay Cal for construction costs, pursuant to the Seventh Amendment.

The proposed action would reduce the GHAD fund (Fund 208) balance by $1,756,462, from $5,966,616 to $4,210,154.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing interfund loan agreement and authorizing the spending plan.
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BACKGROUND
On December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property. The Agreement outlines the responsibilities of both the City and Stay Cal, including the purchase price and sale of the property, schedule of performance, fee deferrals, payment of transit occupancy tax (TOT), annexation into community facility districts (CFDs) and the light and landscaping district (LLD), and transfer of the property or a portion thereof to a third party.

Between June 2019 and October 2022, the City and Stay Cal executed seven amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date, as well as to modify the payment of fees and repayment provisions of the Agreement, allow for the sale of a portion of the property to a third party, and memorialize a potential City contribution of up to $599,000.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

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

The $4,300,000 loan is comprised of the following components: 1) the land sale ($1,678,110); outside agency fees ($556,462); City of Pittsburg fees ($854,593); and site work ($1,200,000).

Staff anticipates the Project, once operational, would generate over $500,000 annually in transit occupancy tax which would support the City’s General Fund.

ATTACHMENTS:

1. GHAD Resolution

2. City Resolution

3. Loan Agreement
Report Prepared By: Jordan Davis, Director of Community and Economic Development 152
Resolution No. 23- Page 1 of 2 October 16, 2023

BEFORE THE SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT

DISTRICT II
In the Matter of:

Authorizing the Execution of an ) RESOLUTION NO. 23-
Interfund Loan Agreement with )
the City of Pittsburg )
WHEREAS, the Community and Economic Development Department is charged with managing and regulating development within the City, and with attracting and assisting in the development of new and expanding businesses; and WHEREAS, on December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property; and WHEREAS, between June 2019 and October 2022, the City and Stay Cal executed seven amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date, as well as to modify the payment of fees and repayment provisions of the Agreement, allow for the sale of a portion of the property to a third party, and memorialize a potential City contribution of up to $599,000; and
WHEREAS, the Seventh Amendment to the Agreement authorized a City-backed loan not-to-exceed $4,300,000; and
WHEREAS, the previous loan on the land sale ($1,678,110) and deferred fees ($463,000) carried an interest rate of 2.5%; the interest rate on the additional amount (approximately $2,158,890) would grow from 3.49% to 9.41% over the course of the 30- plus year term. The previous loan and deferred fees were rolled into the new loan, creating an effective “blended” interest rate growing from 3% in years 0-2 to 6% in years 16-30. The loan is be secured by a promissory note and deed of trust; and WHEREAS, the $4,300,000 loan is comprised of the following components: 1) the land sale ($1,678,110); outside agency fees ($556,462); City of Pittsburg fees ($854,593); and site work ($1,200,000); and
WHEREAS, the City seeks to utilize GHAD Funds via an interfund loan to provide the $1,200,000 for site work as well as repayment to the general fund of $556,462 paid to outside agencies as part of the permitting process; and WHEREAS, staff anticipates the Project, once operational, would generate over $500,000 annually in transit occupancy tax which would support the City’s General Fund; and
WHEREAS, there is sufficient fund balance to accommodate the loan without impact on the GHAD’s ongoing operations. The City proposes to repay the loan with repayments made by Stay Cal on the principal loan.
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Resolution No. 23- Page 2 of 2 October 16, 2023
NOW, THEREFORE BE IT RESOLVED that the Board of Directors of the GHAD hereby authorize the Executive Director to execute a Loan Agreement between the City of Pittsburg and the Southwest Pittsburg Geologic Hazard Abatement District II, dated October 17, 2023, in order to provide an interfund loan in the amount of $1,756,462.

PASSED AND ADOPTED by the Board of Directors of the Southwest Pittsburg Geologic Hazard Abatement District II at a regular meeting on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Chair
ATTEST:
______________________________
Alice E. Evenson, Agency Secretary
154
Resolution No. 23- Page 1 of 2 October 16, 2023

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

Authorizing the Execution of an ) RESOLUTION NO. 23-
Interfund Loan Agreement with )
the Southwest Pittsburg Geological )
Hazard Abatement District II )
WHEREAS, the Community and Economic Development Department is charged with managing and regulating development within the City, and with attracting and assisting in the development of new and expanding businesses; and WHEREAS, on December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property; and WHEREAS, between June 2019 and October 2022, the City and Stay Cal executed seven amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date, as well as to modify the payment of fees and repayment provisions of the Agreement, allow for the sale of a portion of the property to a third party, and memorialize a potential City contribution of up to $599,000; and
WHEREAS, the Seventh Amendment to the Agreement authorized a City-backed loan not-to-exceed $4,300,000; and
WHEREAS, the previous loan on the land sale ($1,678,110) and deferred fees ($463,000) carried an interest rate of 2.5%; the interest rate on the additional amount (approximately $2,158,890) would grow from 3.49% to 9.41% over the course of the 30- plus year term. The previous loan and deferred fees were rolled into the new loan, creating an effective “blended” interest rate growing from 3% in years 0-2 to 6% in years 16-30. The loan is be secured by a promissory note and deed of trust; and WHEREAS, the $4,300,000 loan is comprised of the following components: 1) the land sale ($1,678,110); outside agency fees ($556,462); City of Pittsburg fees ($854,593); and site work ($1,200,000); and
WHEREAS, the City seeks to utilize GHAD Funds via an interfund loan to provide the $1,200,000 for site work as well as repayment to the general fund of $556,462 paid to outside agencies as part o the permitting process; and
WHEREAS, staff anticipates the Project, once operational, would generate over $500,000 annually in transit occupancy tax which would support the City’s General Fund; and
WHEREAS, there is sufficient fund balance to accommodate the loan without impact on the GHAD’s ongoing operations. The City proposes to repay the loan with repayments made by Stay Cal on the principal loan.
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Resolution No. 23- Page 2 of 2 October 16, 2023
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorize the City Manager to execute a Loan Agreement Between the City of Pittsburg and the Southwest Pittsburg Geologic Hazard Abatement District II, dated October 17, 2023, in order to accept an interfund loan in the amount of $1,756,462; and BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby authorize the City Manager to use of these funds to meet the obligations of any agreements authorized by previous City Council action, including the reimbursement of costs previously covered by the General Fund.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of October 2023, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Shanelle Scales-Preston, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
156
2 A LOAN AGREEMENT BETWEEN THE CITY OF PITTSBURG AND SOUTHWEST

PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II
This Loan Agreement (“Agreement”) is entered into October 17, 2023 (“Effective Date”) by and between the City of Pittsburg, a municipal corporation (“City”), and the Southwest Pittsburg Geologic Hazard Abatement District II, a political subdivision of the State of California (“GHAD”); the City and GHAD are collectively referred to as the "Parties".

RECITALS
WHEREAS, the Community and Economic Development Department is charged with managing and regulating development within the City, and with attracting and assisting in the development of new and expanding businesses; and WHEREAS, on December 5, 2018, the City and Stay Cal entered into the Agreement in order to facilitate the development of a hotel on City-owned property; and WHEREAS, between June 2019 and October 2022, the City and Stay Cal executed seven amendments to the Agreement in order to extended certain dates in the Schedule of Performance and extended the close of escrow date, as well as to modify the payment of fees and repayment provisions of the Agreement, allow for the sale of a portion of the property to a third party, and memorialize a potential City contribution of up to $599,000; and
WHEREAS, the Seventh Amendment to the Agreement authorized a City-backed loan not-to-exceed $4,300,000; and
WHEREAS, the previous loan on the land sale ($1,678,110) and deferred fees ($463,000) carried an interest rate of 2.5%; the interest rate on the additional amount (approximately $2,158,890) would grow from 3.49% to 9.41% over the course of the 30- plus year term. The previous loan and deferred fees were rolled into the new loan, creating an effective “blended” interest rate growing from 3% in years 0-2 to 6% in years 16-30. The loan is be secured by a promissory note and deed of trust; and WHEREAS, the $4,300,000 loan is comprised of the following components: 1) the land sale ($1,678,110); outside agency fees ($556,462); City of Pittsburg fees ($854,593); and site work ($1,200,000); and
WHEREAS, the City seeks to utilize GHAD Funds via an interfund loan to provide the $1,200,000 for site work as well as repayment to the general fund of $556,462 paid to outside agencies as part of the permitting process; and WHEREAS, staff anticipates the Project, once operational, would generate over $500,000 annually in transit occupancy tax (“TOT”), which would support the City’s General Fund; and
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3 WHEREAS, there is sufficient fund balance to accommodate the loan without impact on the GHAD’s ongoing operations. The City proposes to repay the loan with repayments made by Stay Cal on the principal loan.

NOW THEREFORE, in consideration of the mutual covenants herein contained, the GHAD and the City hereby agree as follows:

1. Term
This Agreement shall continue in full force and effect until the City has fully satisfied all repayment and reimbursement obligations it owes to the GHAD pursuant to this Agreement.

2. Reimbursement Payments: Subordination.

The GHAD shall loan the City an amount up to $1,756,462. City shall repay the loan plus annual interest. The annual interest rate shall be determined by the Director of Finance based upon 2023 Quarter 3 LAIF rates, compounded annually.

Forms of reimbursement payment may include but are not limited to repayment of principal and interest on loan administered by the City to third parties. The City shall have sixty (60) months from Effective Date to repay the loan.

The Parties agree that all City obligations under this Agreement shall be subordinate to any and all existing indebtedness that the City has incurred prior to the Effective Date.

3. Further Assurances.

The Parties agree to execute, acknowledge and deliver to the other such other documents and instruments, and to undertake such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement.

4. No Third-Party Beneficiaries.

There shall be no third-party beneficiaries to this Agreement except as specifically set forth herein.

5. Venue and Governing Law.

This Agreement shall be construed and enforced in accordance with the laws of the State of California. Any action by any party to this agreement shall be brought in the appropriate court of competent jurisdiction within the County of Contra Costa, State of California, notwithstanding any other provision of law which may provide that such action may be brought in some other location.
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4 6. Severability.

If any term, provision, covenant or condition contained in this Agreement or the application thereof to any person, party, transaction or circumstance is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement or the application of such provision to other persons, parties, transactions or circumstance shall not be affected thereby.

7. Counterparts.

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

8. Amendments.

This Agreement may be modified or amended, in whole or in part, only by an instrument in writing, executed by the Parties.

9. Effect of Waiver.

No waiver by a party of any provision of this Agreement shall be considered a waiver of any other provision or any subsequent breach of the same or any other provision, including the time for performance of any such provision. The exercise by a party of any remedy provided in this Agreement or at law shall not prevent the exercise by that party of any other remedy provided in this Agreement or at law.

10.Captions: Entire Agreement.

The section headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of the provisions herein contained. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof. Any amendment to this Agreement, including oral modifications supported by new consideration, must be reduced to writing and signed by both parties before it will be effective. The parties have had an equal opportunity to participate in the drafting of this Agreement. The usual construction of an agreement as to the drafting party shall not apply to this Agreement. 159
5 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

SOUTHWEST GEOLOGICAL CITY OF PITTSBURG

HAZARD ABATEMENT DISTRICT II
_______________________________ _______________________________ Garrett Evans, Executive Director Garrett Evans, City Manager Approved as to form:
_______________________________ _______________________________ Donna Mooney, Agency Attorney Donna Mooney, City Attorney 160