CITY OF PITTSBURG
AGENDA
APRIL 02, 2024
CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA
CLOSED SESSION
6:00 P.M.
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
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice- Mayor/Chair
Dionne Adams, Council Member/Board Member
Angelica Lopez, Council Member/Board Member
Shanelle Scales-Preston, 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 AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:00 PM - CONVENE IN CLOSED SESSION
1. Conference with Labor Negotiators Pursuant to Section 54957.6 City Designated Representatives: Garrett Evans, Maria Aliotti, Jennifer Brizel, Paul Rodrigues,Eric Scriven and Matt DeFilippis (NHA Advisors) Employee Organizations: Pittsburg Police Officer Association and Pittsburg Police Managers Group
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PROCLAMATIONS
2. National Sexual Assault Awareness Month
3. National Fair Housing Month
4. National Library Week
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 participate). (No Action Required)
CONSIDERATION
5. Adoption of a City Council Resolution Accepting Project 2050-Safe Routes to School as Complete and Authorizing the City Engineer to File a Notice of Completion
2 Project 2050-Safe Routes to School (the “Project”) installed rectangular rapid flashing beacons (RRFBs) and pedestrian signage at five school crossings. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.
6. Adoption of a City Council Resolution Accepting Project 4097-FY 2023/24 CDBG ADA Curb Ramp Installation as Complete, Authorizing the City Engineer to File a Notice of Completion, and Allocating Remaining Funds
Project 4097- FY 2023/24 Community Development Block Grant (CDBG) American with Disabilities Act (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. This resolution will accept the construction contract as complete and authorize the City Engineer to file a Notice of Completion.
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, SOUTHWEST PITTSBURG GHAD II AND
SUCCESSOR AGENCY CONSENT CALENDAR
7. Adoption of a City Council Resolution Approving the Final Map, Subdivision Improvement Agreement, and Improvement Plans for Subdivision 9550 Liberty II Subdivision
The Final Map, Improvement Plans, and Subdivision Improvement Agreement for Subdivision 9550, Liberty II Subdivision are ready for approval. This Resolution will authorize the City Manager to execute the Subdivision Improvement Agreement and approve the Final Map and Improvement Plans.
8. Adoption of a City Council Resolution Authorizing the Execution of a Third Amendment to Consulting Services Agreement with 4LEAF, Inc. for Building Inspector and Chief Building Official Services
The proposed item would authorize the execution of the Third Amendment to the Consulting Services Agreement (“Third Amendment’) with 4LEAF, Inc. (4LEAF) in an amount not to exceed $450,000. This amount would allocate an additional $250,000 to the existing contract amount of $250,000 for building inspector and chief building official services.
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.
3 COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required) ADJOURNMENT TO APRIL 15, 2024
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 Agency/Liaison/Subcommittee Assignments as of February 20, 2024
OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings Alternate Standing Annual G. Evans Delta Diablo* Juan Banales / Shanelle Scales-Preston Alternate Standing 2nd Wednesday 4:30 PM J.
Samuelson
East Co. Co. County Habitat Conservancy Angelica Lopez / Juan Banales Alternate Standing 4th Monday Bi-
Monthly 2:00 PM J. Davis
East County Water Management Juan Banales / Jelani Killings Alternate Standing Annual J.
Samuelson
MCE Clean Energy Board Shanelle Scales-Preston / Angelica Lopez Alternate Standing Quarterly 7:00 PM D.
Buchanan
TRANSPLAN / ECCRFFA Shanelle Scales-Preston / Juan Banales Alternate Standing 2nd Thursday 6:30 PM J.
Samuelson
Tri-Delta Transit (2 reps)** Shanelle Scales-Preston & Dionne Adams / Jelani Killings Alternate Standing 4th Wednesday 4:00 PM J.
Samuelson
LIAISON TO COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Shanelle Scales-Preston / Jelani Killings Alternate Standing 3rd Thursday G. Evans Los Medanos Health Advisory Committee Shanelle Scales-Preston & Jelani Killings Ad Hoc As needed M. Aliotti Mayor’s Conference Juan Banales / Jelani Killings Alternate Standing 1st Thursday 6:30 PM G. Evans Pittsburg Police Activities League (PAL) Shanelle Scales-Preston & Angelica Lopez / Dionne Adams Alternate Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Dionne Adams Alternate Standing Quarterly M. Aliotti
SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Budget Sustainability Juan Banales & Jelani Killings Ad Hoc As needed G. Evans Community and Economic Development Jelani Killings & Dionne Adams / Juan Banales Alternate Standing 2nd Wednesday 5:00 PM J. Davis Finance Management Juan Banales & Jelani Killings / Shanelle Scales-Preston Alternate Standing 3rd Friday 4:00 PM P.
Rodrigues
Government Performance Juan Banales & Jelani Killings Ad Hoc 4th Friday 4:00 PM J. Brizel Infrastructure and Transportation Shanelle Scales-Preston & Dionne Adams / Juan Banales Alternate Standing 4th Thursday 5:30 PM J.
Samuelson
Life Enrichment Dionne Adams & Angelica Lopez / Shanelle Scales-Preston Alternate Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Shanelle Scales-Preston & Jelani Killings Standing As needed K. Simonton Public Safety Shanelle Scales-Preston & Angelica Lopez / Jelani Killings Alternate Standing 1st Wednesday 5:30 PM 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
6 7
8 9
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 2050 - Safe Routes to School as Complete and Authorizing the City Engineer to File a Notice of Completion
MEETING DATE: April 2, 2024
EXECUTIVE SUMMARY
Project 2050 - Safe Routes to School (the “Project”) installed rectangular rapid flashing beacons (RRFBs) and pedestrian signage at five school crossings. 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 $105,000 from the Transportation Development Act (TDA) Grant (Resolution No. 23-14226), and $50,000 from Measure J Funds (Resolution No. 23- 14397) for a total project budget of $155,000.
The City entered a construction contract with St. Francis Electric, LLC, for $83,970. The final construction cost for the Project is $82,780. After payment of all expenditures for design, construction, release of retention, and project close out, the total anticipated expenditures for the Project are $147,050. Any unspent funds pertaining to the Project will be returned to the source of funding.
An estimated Expenditures Summary is attached to this staff report.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Project as complete and authorizing the City Engineer to execute a Notice of Completion. 10 BACKGROUND
On January 17, 2023, the City Council adopted Resolution No. 23-14226 accepting the Metropolitan Transportation Commission (MTC) Fiscal Year 2022/23 Transportation Development Act Article 3 Pedestrian/Bicycle Project Grant and allocating $105,000 in grant funding to the Project.
On September 21, 2023, the Project was advertised for construction.
On October 11, 2023, bids for construction of the Project were opened and St. Francis Electric, LLC, was the lowest responsive responsible bidder with a base bid of $83,970.
On November 6, 2023, the City Council adopted Resolution No. 23-14397 accepting the plans and specifications, approving and allocating an additional $50,000 in Measure J funds, and awarding Project 2050 - Safe Routes to School.
On March 7, 2024, the contractor completed the project.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
The City installed RRFBs and signage at five (5) school crossings to increase safety for pedestrians. The locations were selected based on goals set in the 2020 Pittsburg Moves Active Transportation Plan. Input from Safe Routes to School Workshops hosted by the City of Pittsburg and Walking Audits led by Contra Costa Health Services were also used to select these locations. All five (5) crossing locations are uncontrolled crosswalks within 900 feet of a school. This makes the locations priorities for crosswalk enhancement. RRFBs increase visibility at crossing locations and help drivers yield to pedestrians.
During construction, there was one (1) contract change order issued in the combined amount of -$1,190 for a total construction contract amount of $82,780. The actual quantities necessary to complete Contract work were less than the original bid estimate. The change order deducted these quantities.
ATTACHMENTS: Resolution
Expenditures Summary
Report Prepared By: Savon Reese, Assistant Engineer
11 Safe Routes to School
Project 2050 - Revised Budget Summary
Project Funding
2050 TDA Grant $105,000
Measure J $50,000
Funding Total $155,000
Project Expenditures:
Construction: Construction $82,780
(Code 2281) Advertising $630
$43,640
Subtotal $127,050
Staff Time: Staff Design $5,000
(Code 1101) $5,000
Subtotal $10,000
Admin: Staff Design $5,000
(Code 2372) $5,000
Subtotal $10,000
Estimated Total Expenditures $147,050
Staff Construction Management
Staff Construction Management
Purchase RRFBs & Signage
12 Resolution No. 24- Page 1 of 2 April 2, 2024
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Project 2050 - Safe Routes to )
School as Complete and Authorizing the ) RESOLUTION NO. 24- City Engineer to File a Notice of )
Completion )
WHEREAS, Project 2050 - Safe Routes to School (the “Project”) installed rectangular rapid flashing beacons (RRFBs) and signs at five school crossing locations; and WHEREAS, on January 17, 2023, the City Council adopted Resolution No. 23-14226 accepting the Metropolitan Transportation Commission (MTC) FY 2022/23 Transportation Development Act (TDA) Article 3 Pedestrian/Bicycle Project Grant and allocating $105,000 in grant funding to the Project; and
WHEREAS, on September 21, 2023, staff advertised the Project for construction bids; and
WHEREAS, on October 11, 2023, construction bids for the Project were opened, two (2) bids were received, and St. Francis Electric, LLC, was the lowest responsive responsible bidder with a base bid in the amount of $83,970; and
WHEREAS, on November 6, 2023, the City Council adopted Resolution No. 23- 14397 accepting the plans and specifications, approving and allocating an additional $50,000 in Measure J funds, and awarding Project 2050-Safe Routes to School; and WHEREAS, there was one contract change order in the combined amount of -$1,190 for a total construction contract amount of $82,780; and WHEREAS, on March 7, 2024, the contractor completed the project; and WHEREAS, the total anticipated expenditures for the Project including design, construction, and staff costs are $147,050, and the remaining balance will be returned to the source of funding.
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. 13 Resolution No. 24- Page 2 of 2 April 2, 2024 PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of April 2024 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
14 OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Accepting Project 4097 – Fiscal Year 2023/24 CDBG ADA Curb Ramp Installation as Complete, Authorizing the City Engineer to File a Notice of Completion, and Allocating Remaining Funds
MEETING DATE: April 2, 2024
EXECUTIVE SUMMARY
Project 4097 – Fiscal Year 2023/24 Community Development Block Grant (CDBG) American with Disabilities Act (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. 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 by CDBG in the amount of $220,000 and was completed within the approved budget. After payment of all expenditures for design, construction, release of retention, and project closeout, the total anticipated expenditures for the Project are $165,000. Staff estimates a remaining balance of $55,000, which will be allocated to Project 2133 - Trail Crossing Improvements, with adoption of this resolution.
RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution accepting the Project as complete and authorizing the City Engineer to execute a Notice of Completion. Staff further recommends all unspent funds be allocated to Project 2133 - Trail Crossing Improvements.
15 BACKGROUND
On May 15, 2023, 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 October 2, 2023, proposals for construction were received, and Arias Concrete Contractor Inc. was the lowest responsive responsible bidder with a base bid in the amount of $144,965.
On October 16, 2023, with adoption of Resolution No. 23-14390, the plans and specifications were accepted, and a construction contract was awarded to Arias Concrete Contractor Inc.
On November 17, 2023, the Notice to Proceed was issued to Arias Concrete Contractor Inc.
On March 1, 2024, Arias Concrete Contractor Inc. completed construction of the Project.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a Subcommittee.
STAFF ANALYSIS
The Project provided accessibility ramps and sidewalks within the neighborhoods located in the Parkside Manor, Carnegie Manor, and Rancho Medanos subdivisions. There was one contract change order in the amount of $4,756 for additional ramp and sidewalk square footage. To utilize more of the grant funds, the remaining balance is recommended to be allocated to Project 2133 - Trail Crossing Improvements. Project 2133 is in an area that qualifies for CDBG funding and will involve similar aspects of work.
The Project was completed on time and within the budget approved by the City Council.
ATTACHMENTS: Resolution
Budget Summary
Report Prepared By: Andrew Peters, Assistant Engineer
16 Project Funding: 2023/24 CDBG Grant $220,000
Funding Total $220,000
Project Expenditures:
Design: $0
(Code 2122)
Subtotal $0
Miscellaneous: $632
(Code 1399)
Subtotal $632
Construction: Base Bid $144,965
(Code 2281) Contingency $4,756
Subtotal $149,721
Staff Time: Staff Costs During Design $6,000
(Code 1101) $8,646
Subtotal $14,646
$165,000
$55,000.00Remaining Balance
Project Budget Summary
Project 4097, 2023/24 CDBG ADA Curb Ramp Installation
Consultant Design
Staff Costs During Construction
Estimated Expenditures Total
17 Resolution No. 24- Page 1 of 1 April 2, 2024
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Project 4097- FY 2023/24 )
CDBG ADA Curb Ramp Installation ) RESOLUTION NO. 24-
as Complete, Authorizing the City )
Engineer to File a Notice of Completion,)
and Allocate Remaining Funds )
WHEREAS, Project 4097 – Fiscal Year 2023/24 Community Development Block Grant (CDBG) American with Disabilities Act (ADA) Curb Ramp Installation (the “Project”) constructed 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 2023/24 Annual Action Plan and approving the CDBG subcommittee recommendation authorizing funding for the Project in the amount of $220,000; and
WHEREAS, on October 2, 2023, bids for construction were opened. Arias Concrete Contractor Inc. was the lowest responsive responsible bidder with a base bid in the amount of $144,965; and
WHEREAS, on October 16, 2023, with adoption of Resolution No. 23-14390, the plans and specifications were accepted, and a construction contract was awarded to Arias Concrete Contractor Inc.; and
WHEREAS, on November 17, 2023, the Notice to Proceed was issued to Arias Concrete Contractor Inc.; and
WHEREAS, on March 1, 2024, Arias Concrete Contractor Inc. completed construction of the Project; and
WHEREAS, after payment of all expenditures for design, construction, release of retention, and project closeout, the total anticipated expenditures for the Project are $165,000.
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.
BE IT FURTHER RESOLVED, that the City Council of the City of Pittsburg hereby allocates the remaining funds to Project 2133 - Trail Crossing Improvements. 18 Resolution No. 24- Page 1 of 1 April 2, 2024
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of April 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
19 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 Final Map, Subdivision Improvement Agreement, and Improvement Plans for Subdivision 9550 Liberty II Subdivision
MEETING DATE: April 2, 2024
EXECUTIVE SUMMARY
The Final Map, Improvement Plans, and Subdivision Improvement Agreement for Subdivision 9550, Liberty II Subdivision are ready for approval. This Resolution will authorize the City Manager to execute the Subdivision Improvement Agreement and approve the Final Map and Improvement Plans.
FISCAL IMPACT
Costs for plan review and processing of the project plans are revenue neutral. Staff costs are recovered through typical revenues collected for major subdivision projects in Fund 110 (General Fund).
RECOMMENDATION
City Council adopt the attached resolution authorizing the City Manager to execute the Subdivision Improvement Agreement for Subdivision 9550, Liberty II Subdivision and approving the Final Map and Improvement Plans.
BACKGROUND
On August 19, 2022 the Planning Commission adopted Resolution 10196 recommending the City Council approve a General Plan Amendment, Rezoning, Vesting Tentative Map, and Design Review for a 17-lot single-family residential development adjacent to 360 Central Avenue, known as the Liberty II subdivision.
On September 19, 2022, the City Council approved the General Plan Map Amendment, Rezoning, Vesting Tentative Subdivision Map, and Design Review, with the adoption of Resolution 22-14162.
20 On October 3, 2022 the City Council Adopted Ordinance 22-1502 approving the project proposal in its entirety including the proposed Zoning Map Amendment.
SUBCOMMITTEE FINDINGS
On April 16, 2021, Pittsburg Planning Staff Presented the conceptual plan (AP-21-1556 PPR) to the City of Pittsburg Land Use Subcommittee.
STAFF ANALYSIS
The Final Map, and Improvement and Grading Plans for Subdivision 9550, Liberty II Subdivision, are in substantial conformance with the approved Vesting Tentative Map, subdivision regulations, and construction standards.
Approval of the Final Map, Improvement Plans, and Subdivision Improvement Agreement is statutorily exempt from environmental review under Article 18, Section 15268 “Ministerial Projects”, of the Guidelines for the Implementation of the California Environmental Quality Act.
ATTACHMENTS: Resolution
Subdivision Improvement Agreement
Site Plan
Report Prepared By: Davino Lucido, Assistant Engineer
21 IMPROVEMENT AGREEMENT Page 1 of 5 Subdivision 9550
Liberty II
Recorded At The Request Of:
CITY OF PITTSBURG
Return Recorded Copy To:
CITY OF PITTSBURG
ENGINEERING RECORDS
65 CIVIC AVENUE
PITTSBURG, CA 94565-1518
___________________________________________________________
SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision 9550
Liberty II
THIS AGREEMENT is made and entered into on , 2024 by and between Liberty II Developers, LLC., a California corporation (hereinafter referred to as "Developer") and the City of Pittsburg, a municipal corporation, (hereinafter referred to as "City").
WHEREAS, Developer will construct certain public and private improvements in connection with Subdivision 9550, Liberty II for which Improvement Plans have been approved and are on file in the office of the City Engineer. Said improvements include, but are not limited to, those shown and described on the approved Improvement Plans for said subdivision.
NOW, THEREFORE, DEVELOPER AGREES TO:
1. Comply with and/or satisfy all conditions of approval as imposed by the City Council and/or its Commissions.
2. Construct all infrastructure improvements as indicated in the approved Improvement Plans and Grading Plans in compliance with the City's Standard Specifications and the City's Standard Details.
3. All subdivision improvements shall be completed within thirty six (36) months from the date of approval of the Final Map by the City Council.
4. Incorporate all reasonable modifications to the approved plans during construction as directed by the City Engineer, when required by field conditions and/or public safety.
5. Obtain written approval from the City Engineer prior to performance of any construction not in compliance with the approved plans and specifications. 22 IMPROVEMENT AGREEMENT Page 2 of 5 Subdivision 9550
Liberty II
6. Conform to all applicable provisions of state and federal law and the Pittsburg Municipal Code.
7. Comply with all of the Contra Costa Fire Protection District's requirements including, but not limited to fire flow, residual pressure, hydrant locations, and accessibility.
Pay the following fees and deposits to the City, prior to the execution of this Agreement:
8. The Improvement Plan Review Fee in the amount of Fifteen Thousand, Eight Hundred Seventy-Seven Dollars ($15,877). An initial payment Eleven Thousand Seven Hundred Fifty-Four Dollars ($11,754) was paid to the Engineering Department for initial review of the improvement plans. The remaining balance is to be paid in the amount of Four Thousand, One Hundred
Twenty-Three ($4,123).
9. An Improvement Inspection Fee of Twenty-Six Thousand, Four Hundred and Sixty-Two Dollars ($26,462).
10.The Grading Plan Review Fee in the amount of One Thousand Seventy-Five Dollars ($1,075). An Initial Payment of Five Hundred Thirty-Eight Dollars ($538) was paid to the Engineering Department for initial review of the grading plans. The remaining balance is to be paid in the amount of Five Hundred Thirty-Seven ($537).
11.A Grading Inspection Fee of One Thousand, Two Hundred Ninety Dollars ($1,290).
12.A Sanitary Sewer Closed Circuit Television Inspection Deposit in the amount of One Thousand Forty Dollars ($1,040).
13.A Sanitary Storm Closed Circuit Television Inspection Deposit in the amount of One Thousand Forty Dolars ($1,040).
14.A Geographical Information System Fee (G.I.S.) in the amount of One Thousand Eight Hundred Seventy Dollars ($1,870).
15.The developer shall pay an NPDES Plan Review fee of Four Thousand Four Hundred and Sixty-Two Dollars ($4,364).
16.The developer shall pay an NPDES inspection deposit of Thirty Thousand Dollars ($30,000).
23 IMPROVEMENT AGREEMENT Page 3 of 5 Subdivision 9550
Liberty II
The Developer shall pay the following fees prior to the issuance of Building Permits:
17.The Developer shall pay the Parkland Dedication In-Lieu Fee, (PMC Chapter
17.32) to the Engineering Department at the valuation rate in effect at the time of Building Permit Issuance.
18.The Developer shall pay the City of Pittsburg Facilities Reserve Charge (PMC Chapters 13.08, 13.12 and 13.24) (the “FRC”) to the Engineering Department, for water and sewer service in the amounts in effect when the applicant obtains a Building Permit. The FRC shall be paid to the Engineering Department prior to the issuance of a Building Permit.
The Developer shall pay the Local Transportation Mitigation Fee (PMC Chapter
15.90) (the “LTMF”) to the Engineering Department in the amount in effect when Developer obtains a Building Permit.
The Developer shall pay the Regional Traffic Mitigation Fee (PMC Chapter
15.103) ( the “RTDIM”) to the Engineering Department in the amount in effect when Developer obtains a Building Permit.
19.Provide certificates on a form approved by the City for the following insurance coverage:
a. Workers' Compensation Insurance, and
b. Liability insurance in the amount of One Million Dollars and No Cents ($1,000,000.00) Personal Injury, and Five Hundred Thousand Dollars and No Cents ($500,000.00) Property Damage.
Said insurance coverage shall be maintained in full force and effect throughout the life of this Agreement and all policies shall provide for at least thirty (30) days prior notice to City before cancellation. Should said coverage(s) lapse at any time, City shall have the right to:
a. Procure said insurance(s) on behalf of the Developer and Developer shall reimburse City for any and all costs incurred thereof; or b. Order all subdivision construction stopped until new certificate(s) of coverage are provided and deemed satisfactory to the City.
20.Developer shall defend, indemnify and hold harmless the City, its officers and employees from any and all actions or causes of action filed by any person or persons claiming damage as a result of this approval or the public improvement work required hereunder and to pay any and all reasonable 24 IMPROVEMENT AGREEMENT Page 4 of 5 Subdivision 9550
Liberty II
attorney's fees incurred by the City as a result of any legal action which may arise in connection therewith.
21.Developer shall provide a surety in the amount of Three Hundred Fifty-Two Thousand, Eight Hundred Twenty-Four Dollars ($352,824) prior to City Council’s approval of the Final Map and Improvement Plans. The surety shall be in accordance with the State Subdivision Map Act, and as approved by the City Engineer.
22.Prior to acceptance of the subdivision as complete by the City Council, the Developer shall submit a copy of the recorded Final Map and record drawings for grading and subdivision improvements.
23.The Developer shall provide a Warranty Bond in the amount of Thirty-Five Thousand, Two Hundred Eighty-Two Dollars ($35,282). This warranty bond shall be released only upon correction of any defects or failures, including cause of failure or defect, of the subdivision improvements to the satisfaction of the City Engineer.
24.Warranty all improvements installed pursuant to this Agreement for twelve (12) months after the City Council’s acceptance date for the public improvements as complete.
IT IS MUTUALLY STIPULATED AND AGREED THAT:
1. The public improvements installed in connection with this Agreement shall not be considered accepted as complete until the City Council adopts a resolution accepting said improvements as being in compliance with the approved plans and specifications and any approved modifications thereto.
Public improvements are those specifically defined as being located within public or proposed public roadways or easements and accepted by City Council resolution. Other improvements shall be constructed in accordance with the City's Standard Specifications and Standard Details and shall be appropriately inspected by the City, but will not be maintained by the City.
Adoption of said resolution, periodic and/or progress inspections, acceptance of any portion of said work, or approvals of any other nature shall not bind the City to accept any modification made to the approved plans without the City Engineer's approval.
2. Time is of the essence in this Agreement and the obligations undertaken herein shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
25 IMPROVEMENT AGREEMENT Page 5 of 5 Subdivision 9550
Liberty II
IN WITNESS WHEREOF, the parties have executed this Agreement on this date first written above.
CITY OF PITTSBURG Liberty II Developers, LLC.
__________________________
Garrett Evans, City Manager Albert D. Seeno, III
ATTEST: President
Alice E. Evenson, City Clerk
APPROVED AS TO FORM:
______________
City Attorney
Developer must attach Notary Statement
26 27
Resolution No. 24- Page 1 of 2 April 2, 2024
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Final Map, Improvement )
And Grading Plans, and Subdivision ) RESOLUTION NO. 24- Improvement Agreement for Subdivision )
9550 Liberty II )
WHEREAS, on August 19, 2022, the Planning Commission adopted Resolution No. 10196 recommending the City Council approve a General Plan Amendment, Rezoning, Vesting Tentative Map, and Design Review for a 17-lot single-family residential development adjacent to 360 Central Avenue, known as the Liberty II subdivision; and
WHEREAS, on September 19, 2022, the City Council approved the General Plan Map Amendment, Rezoning, Vesting Tentative Subdivision Map, and Design Review, with the adoption of Resolution No. 22-14162; and
WHEREAS, on October 3, 2022, City Council adopted Ordinance No. 22-1502 approving the project proposal in its entirety including the proposed Zoning Map Amendment; and
WHEREAS, the City Engineer certifies that the Final Map, Improvement and Grading Plans for Subdivision 9550, are in substantial conformance with the approved Vesting Tentative Map; and
WHEREAS, staff recommends that the City and Liberty II Developers, LLC. (Developer) enter into a Subdivision Improvement Agreement (the “Improvement Agreement”) guaranteeing satisfactory completion by the Developer of all improvements related to Subdivision 9550, Liberty II Subdivision; and WHEREAS, the Developer will pay all other required fees and provide all necessary bond requirements as outlined in the Improvement Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Final Map and Improvement and Grading Plans, authorizes the City Engineer or designee to sign the plans, and authorizes the City Manager to execute the Subdivision Improvement Agreement.
BE IT FURTHER RESOLVED, that the City engineer is authorized and directed to file the fully executed Subdivision Improvement Agreement with the Office of the Recorder of the County of Contra Costa, State of California.
28 Resolution No. 24- Page 2 of 2 April 2, 2024
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of April 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
29 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 Third Amendment to Consulting Services Agreement with 4LEAF, Inc. for Building Inspector and Chief Building Official Services MEETING DATE: April 2, 2024
EXECUTIVE SUMMARY
The proposed item would authorize the execution of the Third Amendment to the Consulting Services Agreement (Third Amendment) with 4LEAF, Inc. (4LEAF) in an amount not to exceed $450,000. This amount would allocate an additional $200,000 to the existing contract amount of $250,000 for building inspector and chief building official services.
FISCAL IMPACT
The costs associated with this contract would be covered by salary savings within the Community and Economic Development budget due to unfilled positions in the current fiscal year, grant funds, and Code Enforcement Contractual Services.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution authorizing the City Manager to execute the Third Amendment to the Consulting Services Agreement with 4LEAF, Inc. for building inspector and chief building official services.
BACKGROUND
In the last year, there has been an increase of large commercial projects throughout the City of Pittsburg. The City has sought the assistance of a certified Chief Building Official and Building Inspector to assist with the inspections and plan checking for the Building Division.
These projects include the construction of the Courtyard by Marriott Hotel, Sprouts grocery store, Dream Courts, Hilton Home 2 Suites, Fisherman’s Catch restaurant, and Starbucks. 30 In August 2022, the City executed a contract with 4LEAF in an amount of $50,000 for building inspection and chief building official services. On February 8, 2023, the City and 4LEAF executed the First Amendment to the Consulting Services Agreement to increase the contract amount to $75,000. On July 25, 2023, the City and 4LEAF extended the duration and increased the contract amount to $250,000.
SUBCOMMITTEE FINDINGS
The item was not presented to a subcommittee.
STAFF ANALYSIS
Staff recommends the City continue to utilize 4LEAF to continue building inspector and chief building official services. 4LEAF was chosen due to their extensive resources and expertise in building inspection, chief building official, and building code enforcement services. 4LEAF also maintains a staff of numerous certified chief building officials and building inspectors to ensure someone is always available to staff.
The contract would be paid using salary savings within the Building Division budget due to unfilled positions. However, it should be noted that the contract inspector and chief building official may complete “in house” plan checks, reducing the amount spent on outside plan check services and increasing plan check revenues.
ATTACHMENTS:
1. Resolution
2. Third Amendment
3. Consulting Services Agreement, First Amendment and Second Amendment Report Prepared By: Candace Hatch, Administrative Analyst I 31 Third Amendment to Consulting Services Agreement between February 13, 2024 City of Pittsburg and 4LEAF, Inc. Page 1 of 3
THIRD AMENDMENT TO
CONSULTING SERVICES AGREEMENT BETWEEN
CITY OF PITTSBURG
AND 4 LEAF, INC.
This Third Amendment to the Principal Agreement made and entered into on August 15, 2022, hereafter referred to as Agreement, between 4LEAF, 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 28th day of February, 2024.
WHEREAS, the parties entered into an Agreement for building inspector and chief building official services; and
WHEREAS, the parties desire to extend the duration of an Agreement for on call building inspector and chief building official services to increase the compensation amount accordingly.
NOW, THEREFORE, Consultant and City do mutually agree as follows:
1. Term. Section 1.1 remains the same per Second Amendment.
2. Compensation. Section 2 of the Agreement is hereby amended to read as follows: City shall compensate 4LEAF, Inc. for the performance of Services at the rates shown on Exhibit B. City hereby agrees to pay Consultant a sum not to exceed four hundred fifty thousand dollars ($450,000), as set forth in Exhibit A, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under the 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.
3. Integration. This Third 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 Third Amendment. Third 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 Third Amendment and the Agreement, the provisions of this Third Amendment shall control in all respects.
5. Ambiguities. The parties have each carefully reviewed this Third Amendment and have agreed to each term of this Third Amendment. No ambiguity shall be presumed to be construed against either party.
32 Third Amendment to Consulting Services Agreement between February 13, 2024 City of Pittsburg and 4LEAF, Inc. Page 2 of 3
6. Counterparts. This Third 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 Third Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this Third Amendment on behalf of Consultant.
The remainder of this page left intentionally blank.
33 Third Amendment to Consulting Services Agreement between February 13, 2024 City of Pittsburg and 4LEAF, Inc. Page 3 of 3
IN WITNESS WHEREOF, the parties have entered into this Third Amendment on the day and year first hereinabove appearing.
CONSULTANT:
4LEAF, Inc., a California Corporation
By:
Kevin Duggan, President
CITY:
CITY OF PITTSBURG, a municipal
corporation of the State of California
By:
Garrett Evens, City Manager
APPROVED AS TO FORM:
By:
Donna Mooney, City Attorney
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56 BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Authorizing the Execution of a Third )
Contract Amendment for a Consultant )
Service Agreement with 4LEAF, Inc. ) RESOLUTION NO. 24- for Building Inspector and )
Chief Building Official Services )
WHEREAS, within the Building Division, there has been an increase in larger commercial projects through the City of Pittsburg; and
WHEREAS, the City of Pittsburg has a need for a building inspector and chief building official services to assist with inspections and to ensure compliance with the California Building Code, California Fire Code, and other model codes adopted; and WHEREAS, on August 15, 2022, the City executed a contract with 4LEAF, Inc. in an amount of $50,000 for building inspection and chief building official services; and WHEREAS, on February 8, 2023, the City and 4LEAF, Inc. executed the First Amendment to the Consulting Services Agreement to increase the contract amount to $75,000; and
WHEREAS, on July 25, 2023, the City and 4LEAF, Inc. executed the Second Amendment to the Consulting Services Agreement to extend the duration and increase the contract amount to $250,000; and
WHEREAS, the City and 4LEAF, Inc. mutually wish to increase the amount of the Consulting Services Agreement to $450,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to execute the Third Amendment to the Consulting Services Agreement between the City of Pittsburg and 4LEAF, Inc.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 2nd day of April 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
57