Agenda packet — Pittsburg City Council, July 15, 2024 (part 3 of 3)

235
Fiscal Year
Assessor 2024-25
Parcel Assessment
Number Property Owner Name Amount Property Address (If Available) Mailing Address 1 Mailing Address 2 City of Pittsburg - Landscape & Lighting District No. 1988-01 (Listing of Parcels to be Hand Billed for their Fiscal Year 2024-25 Assessments) 086-100-042 PITTSBURG CITY OF $2,019.06 80 POWER AVE 65 CIVIC AVE PITTSBURG CA 94565-3814 086-132-016 PITTSBURG CITY OF $2,265.40 357 E 12TH ST 2020 RAILROAD AVE PITTSBURG CA 94565-3830 087-090-005 PITTSBURG CITY OF $3,692.34 300 OLYMPIA DR 2020 RAILROAD AVE PITTSBURG CA 94565-3830 087-110-011 PITTSBURG CITY OF $379.96 3754 RAILROAD AVE 65 CIVIC AVE PITTSBURG CA 94565-3814 088-171-027 PITTSBURG CITY OF $1,781.02 75 BLISS AVE 65 CIVIC AVE PITTSBURG CA 94565-3814 088-171-035 PITTSBURG CITY OF $1,915.68 2101 RAILROAD AVE 65 CIVIC AVE PITTSBURG CA 94565-3814 088-184-031 PITTSBURG CITY OF $2,106.88 300 PRESIDIO LN 65 CIVIC AVE PITTSBURG CA 94565-3814 088-220-008 PITTSBURG CITY OF $2,113.28 NO ADDRESS 2020 RAILROAD AVE PITTSBURG CA 94565-3830 088-220-010 PITTSBURG CITY OF $727.52 2555 HARBOR ST 65 CIVIC AVE PITTSBURG CA 94565-3814 089-050-055 PITTSBURG CITY OF $3,159.94 BUCHANAN RD 2020 RAILROAD AVE PITTSBURG CA 94565-3830 089-050-066 PITTSBURG CITY OF $2,857.70 BUCHANAN RD 65 CIVIC AVE PITTSBURG CA 94565-3814 093-140-039 PITTSBURG CITY OF $1,261.50 200 SHADYBROOK CT PO BOX 1518 PITTSBURG CA 94565-0518 093-370-034 PITTSBURG CITY OF $3,585.92 DAWNVIEW CT 65 CIVIC AVE PITTSBURG CA 94565-3814 093-510-099 PITTSBURG CITY OF $102.18 ALVES RANCH RD 2020 RAILROAD AVE PITTSBURG CA 94565-3830 094-080-022 PITTSBURG CITY OF $2,110.94 NO ADDRESS 2020 RAILROAD AVE PITTSBURG CA 94565-3830 094-080-042 PITTSBURG CITY OF $2,621.92 DAFFODIL DR 2020 RAILROAD AVE PITTSBURG CA 94565-3830 Subtotal $57,697.22
085-182-004 PITTSBURG HOUSING AUTHORITY $102.18 390 E 9TH ST 65 CIVIC AVE PITTSBURG CA 94565-3814 085-195-010 PITTSBURG HOUSING AUTHORITY $3,535.10 985 RAILROAD AVE PO BOX 379 LODI CA 95241-0379 086-300-050 PITTSBURG HOUSING AUTHORITY $102.18 1027 BENDING WILLOW WAY 65 CIVIC AVE PITTSBURG CA 94565-3814 087-193-037 PITTSBURG HOUSING AUTHORITY $102.18 2105 ABBOTT AVE 65 CIVIC AVE PITTSBURG CA 94565-3814 093-490-100 PITTSBURG HOUSING AUTHORITY $102.18 273 KAPALUA BAY CIR 65 CIVIC AVE PITTSBURG CA 94565-3814 Subtotal $3,943.82
073-150-016 PITTSBURG UNIFIED SCHOOL DIST $3,172.30 2012 CARION CT 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-001 PITTSBURG UNIFIED SCHOOL DIST $2,401.36 809 BLACK DIAMOND ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-004 PITTSBURG UNIFIED SCHOOL DIST $1,144.76 820 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-006 PITTSBURG UNIFIED SCHOOL DIST $569.88 998 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-007 PITTSBURG UNIFIED SCHOOL DIST $184.12 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-008 PITTSBURG UNIFIED SCHOOL DIST $268.86 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-193-009 PITTSBURG UNIFIED SCHOOL DIST $305.42 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 085-203-004 PITTSBURG UNIFIED SCHOOL DIST $2,343.32 1025 BLACK DIAMOND ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 086-020-006 PITTSBURG UNIFIED SCHOOL DIST $2,113.64 985 W 17TH ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 086-100-033 PITTSBURG UNIFIED SCHOOL DIST $2,160.54 2000 RAILROAD AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 086-201-001 PITTSBURG UNIFIED SCHOOL DIST $3,403.86 351 SCHOOL ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 086-202-003 PITTSBURG UNIFIED SCHOOL DIST $4,357.06 1750 HARBOR ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 086-290-122 PITTSBURG UNIFIED SCHOOL DIST $293.94 FOXGLOVE ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 087-090-007 PITTSBURG UNIFIED SCHOOL DIST $3,540.42 40 SEENO ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830

Page 2 of 3 ends

236
Fiscal Year
Assessor 2024-25
Parcel Assessment
Number Property Owner Name Amount Property Address (If Available) Mailing Address 1 Mailing Address 2 City of Pittsburg - Landscape & Lighting District No. 1988-01 (Listing of Parcels to be Hand Billed for their Fiscal Year 2024-25 Assessments) 087-341-020 PITTSBURG UNIFIED SCHOOL DIST $3,034.82 610 CROWLEY AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-040-013 PITTSBURG UNIFIED SCHOOL DIST $2,957.42 BUCHANAN RD 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-053-001 PITTSBURG UNIFIED SCHOOL DIST $3,854.46 333 YOSEMITE DR 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-131-008 PITTSBURG UNIFIED SCHOOL DIST $2,440.36 1001 STONEMAN AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-131-009 PITTSBURG UNIFIED SCHOOL DIST $3,650.18 1131 STONEMAN AVE 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-161-011 PITTSBURG UNIFIED SCHOOL DIST $2,971.04 NO ADDRESS 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-300-017 PITTSBURG UNIFIED SCHOOL DIST $1,053.66 HARBOR ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 088-300-018 PITTSBURG UNIFIED SCHOOL DIST $872.34 HARBOR ST 2000 RAILROAD AVE PITTSBURG CA 94565-3830 089-171-002 PITTSBURG UNIFIED SCHOOL DIST $2,231.90 1200 JENSEN DR 2000 RAILROAD AVE PITTSBURG CA 94565-3830 095-130-014 PITTSBURG UNIFIED SCHOOL DIST $2,895.88 1880 HANLON WAY 2000 RAILROAD AVE PITTSBURG CA 94565-3830 095-150-020 PITTSBURG UNIFIED SCHOOL DIST $3,707.46 2301 RANGE RD 2000 RAILROAD AVE PITTSBURG CA 94565-3830 095-150-021 PITTSBURG UNIFIED SCHOOL DIST $1,437.80 NO ADDRESS 2000 RAILROAD AVE PITTSBURG CA 94565-3830 Subtotal $57,366.80
State Board of Equalization Properties
085-270-025 ACHF KAPLAN LP $1,711.72 610 W 10TH ST 532 SAN RAMON VALLEY BLVD DANVILLE CA 94526-4012 085-270-018 EVOLA GERRI R TRE $2,589.54 570 W 10TH ST 586 4333 INVERNESS DR PITTSBURG CA 94565-6132 085-270-019 PITTSBURG POWER COMPANY $1,397.10 590 W 10TH ST 600 1 LETTERMAN DR BLDG C 5TH SAN FRANCISCO CA 94129-2402 091-020-010 SPILKER LLC $14.78 AVILA RD 4061 PORT CHICAGO HWY CONCORD CA 94520-1196 Subtotal $5,713.14
Total $133,207.06

Page 3 of 3 ends

237

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 Confirming the Engineer’s Report and District Diagram, and Ordering the Levy for Oak Hills Landscaping and Lighting Assessment District 1988-02 for Fiscal Year 2024/25 MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
Oak Hills Landscaping and Lighting Assessment District 1988-02 (District 88-02) has been in existence since 1988, and the funds collected are necessary for the City to maintain the lighting and landscaping in the Oak Hills area. The assessment has not increased since Fiscal Year (FY) 1990/91. Each year prior to ordering the improvements and levying the assessments, the City Council holds a public hearing.

FISCAL IMPACT
The Public Works Department has budgeted expenditures of $37,100 during FY 2024/25 to manage the district.

The district will have a beginning fund balance of $74,560.

The total revenue is projected to be $37,320.
• Assessment Posted to Roll 34,036
• Investment Earnings LAIF & Others 1,784
• Transfer-in from GF for City’s L&L Assess 77 • Transfer-in From GF for General Benefit 1,423
The projected expenditures are $37,110.
• Salaries for Landscape Staff 15,500
• Administrative Overhead 4,610
• Nuisance Assessment Collection Fees 200
• Other Contractual and Professional Services 1,800
• Utilities – Water 3,000
• Utilities – Electric 5,000
• Other Special Departmental Supplies 7,000
238

RECOMMENDATION
City Council adopt the resolution confirming the Engineer’s Report, Assessment District Diagram, and order the levy for the annual assessment for Oak Hills Landscaping and Lighting District 1988-02 for FY 2024/25.

BACKGROUND
On June 6, 1988, the City Council confirmed the Engineer’s Report, ordered improvements, and levied the first annual assessment for Oak Hills Landscaping and Lighting District 1988-

02. The annual assessment was set at $69.24 per benefit factor. The funds collected annually support the district’s landscaping and lighting operations.

In FY 1990/91, the assessment was increased to $77.18 per benefit factor. This was affirmed by voters in the 1996 general election
On May 6, 2024, the City Council adopted Resolution No. 24-14467, directing the Engineer of Work, John Samuelson, to file an annual Engineer’s Report for FY 2024/25 in accordance with the Landscaping and Lighting Act of 1972. That report has been prepared and is on file in the Office of the City Clerk.

On June 3, 2024, the City Council adopted Resolution 24-14482 approving the Preliminary Engineer's Report and declaring its intent to order improvements in District 88-02 for Fiscal Year 2024/25. The resolution also set July 15, 2024, as the date for the public hearing on this matter.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
Oak Hills Landscaping and Lighting Assessment District 1988-02 has been in existence for 36 years, and the funds collected are necessary for the City to maintain its current level of lighting and landscaping throughout the district.

Services provided by District 88-02 include:
• Right-of-Way Landscaping Maintenance
• Street Tree Maintenance
• Sidewalk Repair Related to Street Tree Damage Only
• Street Light Energy, Maintenance and Replacement Costs There have been no changes made in either the formula or benefit factor value as approved last year.

ATTACHMENTS: Resolution
Engineer’s Report
Assessment Roll
Hand-Billed Assessments
Report Prepared By: Sharon Paz, Administrative Analyst ll 239
Resolution No. 24- Page 1 of 2 July 15, 2024

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

Confirming the Engineer's Report and District )
Diagram, and Ordering a Levy for Oak Hills ) RESOLUTION NO. 24- Landscaping and Lighting Assessment District )
1988-02 for Fiscal Year 2024/25 )
WHEREAS, California Streets and Highways Code § 22500 et seq., also known as the Landscaping and Lighting Act of 1972 (1972 Act), authorizes the creation of assessment districts to perform certain functions including the installation, construction, and maintenance of landscaping, lighting, and park and recreational facilities; and WHEREAS, in accordance with the 1972 Act, the City created the Oak Hills Landscaping and Lighting District 1988-02 (District 88-02) for the purpose of performing certain functions, including the improvement and maintenance of the landscaping and lighting of City parks and facilities, medians, rights-of-way and streets; and WHEREAS, the assessment is collected from each recorded parcel owner within District 1988-02; and
WHEREAS, District 88-02 will have a projected beginning fund balance of $74,560, budgeted revenue of $37,320, and budgeted expenditures of $37,110; and WHEREAS, on May 6, 2024, pursuant to Chapter 3 of the 1972 Act, the City Council adopted Resolution No. 24-14467, directing the Engineer of Work to prepare and file an annual report for Fiscal Year 2024/25; and
WHEREAS, on June 3, 2024, the City Council adopted Resolution No. 24-14482, setting a public hearing to be held on July 15, 2024, in the meeting place of the City Council, City Hall, 65 Civic Avenue, Pittsburg. A notice of the hearing was given in the time and manner required by law; and
WHEREAS, the Engineer’s Report and Assessment District Diagram are both on file with the City Clerk.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby confirms the Engineer’s Report and Assessment District Diagram and orders the levy of the assessment for Fiscal Year 2024/25. 240
Resolution No. 24- Page 2 of 2 July 15, 2024
PASSSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
241

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2024-25
PITTSBURG LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1988-02 Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-241-001 $77.182202 SOUTHWOOD DR
093-241-002 $77.182204 SOUTHWOOD DR
093-241-003 $77.182206 SOUTHWOOD DR
093-241-004 $77.182208 SOUTHWOOD DR
093-241-005 $77.182210 SOUTHWOOD DR
093-241-006 $77.182212 SOUTHWOOD DR
093-241-007 $77.183 LIVE OAK CT
093-241-008 $77.185 LIVE OAK CT
093-241-009 $77.187 LIVE OAK CT
093-241-010 $77.189 LIVE OAK CT
093-241-011 $77.1811 LIVE OAK CT
093-241-012 $77.1812 LIVE OAK CT
093-241-013 $77.1810 LIVE OAK CT
093-241-016 $77.182 LIVE OAK CT
093-241-017 $77.181656 BIRDHAVEN WAY
093-241-018 $77.181654 BIRDHAVEN WAY
093-241-019 $77.181652 BIRDHAVEN WAY
093-241-020 $77.181650 BIRDHAVEN WAY
093-241-021 $77.181648 BIRDHAVEN WAY
093-241-022 $77.181646 BIRDHAVEN WAY
093-241-023 $77.181644 BIRDHAVEN WAY
093-241-024 $77.181642 BIRDHAVEN WAY
093-241-025 $77.181640 BIRDHAVEN WAY
093-241-026 $77.181638 BIRDHAVEN WAY
093-241-027 $77.181636 BIRDHAVEN WAY
093-241-028 $77.181634 BIRDHAVEN WAY
093-241-029 $77.181632 BIRDHAVEN WAY
093-241-030 $77.181628 BIRDHAVEN WAY
093-241-031 $77.181626 BIRDHAVEN WAY
093-241-032 $77.181624 BIRDHAVEN WAY
093-241-033 $77.181622 BIRDHAVEN WAY
093-241-034 $77.181620 BIRDHAVEN WAY
093-241-035 $77.181618 BIRDHAVEN WAY
093-241-036 $77.181616 BIRDHAVEN WAY
093-241-037 $77.181612 BIRDHAVEN WAY
093-241-038 $77.181610 BIRDHAVEN WAY
093-241-039 $77.181608 BIRDHAVEN WAY
093-241-040 $77.181606 BIRDHAVEN WAY
093-241-041 $77.181604 BIRDHAVEN WAY
093-241-042 $77.181602 BIRDHAVEN WAY
093-241-043 $77.188 LIVE OAK CT
093-241-044 $77.186 LIVE OAK CT
093-242-001 $77.181601 BIRDHAVEN WAY
093-242-002 $77.181603 BIRDHAVEN WAY
093-242-003 $77.181605 BIRDHAVEN WAY
093-242-004 $77.181607 BIRDHAVEN WAY
093-242-005 $77.181609 BIRDHAVEN WAY
093-242-006 $77.181611 BIRDHAVEN WAY
093-242-007 $77.181615 BIRDHAVEN WAY
093-242-008 $77.181617 BIRDHAVEN WAY
Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-242-009 $77.181619 BIRDHAVEN WAY
093-242-010 $77.181621 BIRDHAVEN WAY
093-242-011 $77.181623 BIRDHAVEN WAY
093-242-012 $77.181625 BIRDHAVEN WAY
093-242-013 $77.181627 BIRDHAVEN WAY
093-242-014 $77.181629 BIRDHAVEN WAY
093-242-015 $77.181631 BIRDHAVEN WAY
093-242-016 $77.181633 BIRDHAVEN WAY
093-242-017 $77.181647 BIRDHAVEN WAY
093-242-018 $77.181649 BIRDHAVEN WAY
093-242-019 $77.181651 BIRDHAVEN WAY
093-242-020 $77.181653 BIRDHAVEN WAY
093-242-021 $77.181655 BIRDHAVEN WAY
093-242-022 $77.181624 MELLOWOOD ST
093-242-023 $77.181622 MELLOWOOD ST
093-242-024 $77.181620 MELLOWOOD ST
093-242-025 $77.181618 MELLOWOOD ST
093-242-026 $77.181616 MELLOWOOD ST
093-242-027 $77.181614 MELLOWOOD ST
093-242-028 $77.181612 MELLOWOOD ST
093-242-029 $77.181610 MELLOWOOD ST
093-242-030 $77.181608 MELLOWOOD ST
093-242-031 $77.181606 MELLOWOOD ST
093-242-032 $77.181604 MELLOWOOD ST
093-242-033 $77.181602 MELLOWOOD ST
093-251-001 $77.181615 MELLOWOOD ST
093-251-002 $77.181617 MELLOWOOD ST
093-251-003 $77.181619 MELLOWOOD ST
093-251-004 $77.181621 MELLOWOOD ST
093-251-005 $77.181623 MELLOWOOD ST
093-251-006 $77.181625 MELLOWOOD ST
093-251-007 $77.181627 MELLOWOOD ST
093-251-008 $77.181629 MELLOWOOD ST
093-251-009 $77.181631 MELLOWOOD ST
093-251-010 $77.181633 MELLOWOOD ST
093-251-011 $77.181635 MELLOWOOD ST
093-251-012 $77.181637 MELLOWOOD ST
093-251-013 $77.181639 MELLOWOOD ST
093-251-014 $77.181641 MELLOWOOD ST
093-251-015 $77.181643 MELLOWOOD ST
093-251-016 $77.181645 MELLOWOOD ST
093-251-017 $77.181647 MELLOWOOD ST
093-251-018 $77.181649 MELLOWOOD ST
093-251-019 $77.181651 MELLOWOOD ST
093-251-020 $77.182279 BAYBERRY CIR
093-251-021 $77.182277 BAYBERRY CIR
093-251-022 $77.182275 BAYBERRY CIR
093-251-023 $77.182273 BAYBERRY CIR
093-251-024 $77.182271 BAYBERRY CIR
093-251-025 $77.182269 BAYBERRY CIR
05/13/24 1
242

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2024-25
PITTSBURG LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1988-02 Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-251-026 $77.182267 BAYBERRY CIR
093-251-027 $77.182265 BAYBERRY CIR
093-251-028 $77.182263 BAYBERRY CIR
093-251-029 $77.182261 BAYBERRY CIR
093-251-030 $77.182259 BAYBERRY CIR
093-251-031 $77.182257 BAYBERRY CIR
093-251-034 $77.182251 BAYBERRY CIR
093-251-035 $77.182249 BAYBERRY CIR
093-251-036 $77.182247 BAYBERRY CIR
093-251-037 $77.182245 BAYBERRY CIR
093-251-038 $77.182241 BAYBERRY CIR
093-251-042 $77.182219 BAYBERRY CIR
093-251-043 $77.182217 BAYBERRY CIR
093-251-044 $77.182215 BAYBERRY CIR
093-251-045 $77.182255 BAYBERRY CIR
093-251-046 $77.182253 BAYBERRY CIR
093-251-047 $77.182239 BAYBERRY CIR
093-251-048 $77.182225 BAYBERRY CIR
093-251-049 $77.182223 BAYBERRY CIR
093-252-001 $77.182278 BAYBERRY CIR
093-252-002 $77.182276 BAYBERRY CIR
093-252-003 $77.182274 BAYBERRY CIR
093-252-004 $77.182272 BAYBERRY CIR
093-252-005 $77.182270 BAYBERRY CIR
093-252-006 $77.182268 BAYBERRY CIR
093-252-007 $77.182266 BAYBERRY CIR
093-252-008 $77.182264 BAYBERRY CIR
093-252-009 $77.182262 BAYBERRY CIR
093-252-010 $77.182260 BAYBERRY CIR
093-252-011 $77.182258 BAYBERRY CIR
093-252-014 $77.182252 BAYBERRY CIR
093-252-015 $77.182250 BAYBERRY CIR
093-252-016 $77.182248 BAYBERRY CIR
093-252-017 $77.182246 BAYBERRY CIR
093-252-018 $77.182244 BAYBERRY CIR
093-252-021 $77.182238 BAYBERRY CIR
093-252-022 $77.182236 BAYBERRY CIR
093-252-023 $77.182234 BAYBERRY CIR
093-252-024 $77.182232 BAYBERRY CIR
093-252-025 $77.182230 BAYBERRY CIR
093-252-026 $77.182228 BAYBERRY CIR
093-252-027 $77.182226 BAYBERRY CIR
093-252-028 $77.182224 BAYBERRY CIR
093-252-029 $77.182222 BAYBERRY CIR
093-252-030 $77.182220 BAYBERRY CIR
093-252-031 $77.182218 BAYBERRY CIR
093-252-032 $77.182216 BAYBERRY CIR
093-252-033 $77.182215 OAK HILLS DR
093-252-034 $77.182217 OAK HILLS DR
093-252-035 $77.182219 OAK HILLS DR
Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-252-036 $77.182221 OAK HILLS DR
093-252-037 $77.182223 OAK HILLS DR
093-252-038 $77.182225 OAK HILLS DR
093-252-039 $77.182227 OAK HILLS DR
093-252-040 $77.182229 OAK HILLS DR
093-252-041 $77.182231 OAK HILLS DR
093-252-042 $77.182233 OAK HILLS DR
093-252-043 $77.182235 OAK HILLS DR
093-252-044 $77.182256 BAYBERRY CIR
093-252-045 $77.182254 BAYBERRY CIR
093-252-046 $77.182242 BAYBERRY CIR
093-252-047 $77.182240 BAYBERRY CIR
093-261-001 $77.181701 PEACHWILLOW ST
093-261-002 $77.181705 PEACHWILLOW ST
093-261-003 $77.181709 PEACHWILLOW ST
093-261-004 $77.181715 PEACHWILLOW ST
093-261-005 $77.181719 PEACHWILLOW ST
093-261-006 $77.181723 PEACHWILLOW ST
093-261-007 $77.181727 PEACHWILLOW ST
093-261-008 $77.181731 PEACHWILLOW ST
093-261-009 $77.181735 PEACHWILLOW ST
093-261-010 $77.181739 PEACHWILLOW ST
093-261-011 $77.181743 PEACHWILLOW ST
093-261-012 $77.181747 PEACHWILLOW ST
093-261-013 $77.181751 PEACHWILLOW ST
093-261-014 $77.181755 PEACHWILLOW ST
093-261-015 $77.181763 PEACHWILLOW ST
093-261-016 $77.181767 PEACHWILLOW ST
093-261-017 $77.181771 PEACHWILLOW ST
093-261-018 $77.181775 PEACHWILLOW ST
093-261-019 $77.181779 PEACHWILLOW ST
093-261-020 $77.181783 PEACHWILLOW ST
093-262-001 $77.181772 PEACHWILLOW ST
093-262-002 $77.181768 PEACHWILLOW ST
093-262-003 $77.181764 PEACHWILLOW ST
093-262-004 $77.181756 PEACHWILLOW ST
093-262-005 $77.181752 PEACHWILLOW ST
093-262-006 $77.181748 PEACHWILLOW ST
093-262-007 $77.181744 PEACHWILLOW ST
093-262-008 $77.181740 PEACHWILLOW ST
093-262-009 $77.181736 PEACHWILLOW ST
093-262-010 $77.181732 PEACHWILLOW ST
093-262-011 $77.181728 PEACHWILLOW ST
093-262-012 $77.181724 PEACHWILLOW ST
093-262-013 $77.181720 PEACHWILLOW ST
093-262-014 $77.181716 PEACHWILLOW ST
093-262-015 $77.181710 PEACHWILLOW ST
093-262-016 $77.181706 PEACHWILLOW ST
093-262-017 $77.181702 PEACHWILLOW ST
093-262-018 $77.181703 BRIDGEVIEW ST
05/13/24 2
243

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2024-25
PITTSBURG LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1988-02 Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-262-019 $77.181707 BRIDGEVIEW ST
093-262-020 $77.181711 BRIDGEVIEW ST
093-262-021 $77.181717 BRIDGEVIEW ST
093-262-022 $77.181721 BRIDGEVIEW ST
093-262-023 $77.181725 BRIDGEVIEW ST
093-262-024 $77.181729 BRIDGEVIEW ST
093-262-025 $77.181733 BRIDGEVIEW ST
093-262-026 $77.181737 BRIDGEVIEW ST
093-262-027 $77.181741 BRIDGEVIEW ST
093-262-028 $77.181745 BRIDGEVIEW ST
093-262-029 $77.181749 BRIDGEVIEW ST
093-262-030 $77.181753 BRIDGEVIEW ST
093-262-031 $77.181757 BRIDGEVIEW ST
093-262-032 $77.181761 BRIDGEVIEW ST
093-262-033 $77.181765 BRIDGEVIEW ST
093-262-034 $77.181769 BRIDGEVIEW ST
093-262-035 $77.181773 BRIDGEVIEW ST
093-263-001 $77.181778 BRIDGEVIEW ST
093-263-002 $77.181774 BRIDGEVIEW ST
093-263-003 $77.181770 BRIDGEVIEW ST
093-263-004 $77.181766 BRIDGEVIEW ST
093-263-005 $77.181762 BRIDGEVIEW ST
093-263-006 $77.181758 BRIDGEVIEW ST
093-263-007 $77.181754 BRIDGEVIEW ST
093-263-008 $77.181750 BRIDGEVIEW ST
093-263-009 $77.181746 BRIDGEVIEW ST
093-263-010 $77.181742 BRIDGEVIEW ST
093-263-011 $77.181738 BRIDGEVIEW ST
093-263-012 $77.181734 BRIDGEVIEW ST
093-263-013 $77.181730 BRIDGEVIEW ST
093-263-014 $77.181722 BRIDGEVIEW ST
093-263-015 $77.181718 BRIDGEVIEW ST
093-263-016 $77.181712 BRIDGEVIEW ST
093-263-017 $77.181708 BRIDGEVIEW ST
093-263-018 $77.181704 BRIDGEVIEW ST
093-264-001 $77.182215 ALDERBROOK WAY
093-264-002 $77.182217 ALDERBROOK WAY
093-264-003 $77.182219 ALDERBROOK WAY
093-264-004 $77.182221 ALDERBROOK WAY
093-264-005 $77.182223 ALDERBROOK WAY
093-264-006 $77.182225 ALDERBROOK WAY
093-264-007 $77.182227 ALDERBROOK WAY
093-264-008 $77.182229 ALDERBROOK WAY
093-270-001 $77.181766 CLEARWOOD ST
093-270-002 $77.181770 CLEARWOOD ST
093-270-003 $77.181774 CLEARWOOD ST
093-270-004 $77.181778 CLEARWOOD ST
093-270-005 $77.181782 CLEARWOOD ST
093-270-006 $77.181786 CLEARWOOD ST
093-270-007 $77.181790 CLEARWOOD ST
Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-270-008 $77.181794 CLEARWOOD ST
093-270-009 $77.182250 WOODHILL DR
093-270-010 $77.182252 WOODHILL DR
093-270-011 $77.187 BURLWOOD CT
093-270-012 $77.189 BURLWOOD CT
093-270-013 $77.1811 BURLWOOD CT
093-270-014 $77.1815 BURLWOOD CT
093-270-015 $77.1817 BURLWOOD CT
093-270-016 $77.1812 BURLWOOD CT
093-270-017 $77.1810 BURLWOOD CT
093-270-018 $77.188 BURLWOOD CT
093-270-019 $77.186 BURLWOOD CT
093-270-020 $77.184 BURLWOOD CT
093-270-021 $77.182 BURLWOOD CT
093-270-022 $77.182259 WOODHILL DR
093-270-023 $77.182257 WOODHILL DR
093-270-024 $77.182255 WOODHILL DR
093-270-025 $77.182253 WOODHILL DR
093-270-026 $77.182251 WOODHILL DR
093-270-027 $77.182249 WOODHILL DR
093-270-028 $77.182247 WOODHILL DR
093-270-029 $77.182245 WOODHILL DR
093-270-030 $77.182243 WOODHILL DR
093-270-031 $77.182241 WOODHILL DR
093-270-032 $77.182 BEECHWOOD CT
093-270-033 $77.184 BEECHWOOD CT
093-270-034 $77.188 BEECHWOOD CT
093-270-035 $77.1810 BEECHWOOD CT
093-270-036 $77.1812 BEECHWOOD CT
093-270-037 $77.1824 BEECHWOOD CT
093-270-038 $77.1826 BEECHWOOD CT
093-270-039 $77.1828 BEECHWOOD CT
093-270-040 $77.1830 BEECHWOOD CT
093-270-041 $77.1832 BEECHWOOD CT
093-270-042 $77.1834 BEECHWOOD CT
093-270-043 $77.1836 BEECHWOOD CT
093-270-044 $77.1838 BEECHWOOD CT
093-270-045 $77.1837 BEECHWOOD CT
093-270-046 $77.1835 BEECHWOOD CT
093-270-047 $77.1833 BEECHWOOD CT
093-270-048 $77.1831 BEECHWOOD CT
093-270-049 $77.1829 BEECHWOOD CT
093-270-050 $77.1827 BEECHWOOD CT
093-270-051 $77.1825 BEECHWOOD CT
093-270-052 $77.1823 BEECHWOOD CT
093-270-053 $77.1821 BEECHWOOD CT
093-270-054 $77.1819 BEECHWOOD CT
093-270-055 $77.1817 BEECHWOOD CT
093-270-056 $77.1815 BEECHWOOD CT
093-270-057 $77.1811 BEECHWOOD CT
05/13/24 3
244

PRELIMINARY ASSESSMENT ROLL
FISCAL YEAR 2024-25
PITTSBURG LANDSCAPING & LIGHTING ASSESSMENT DISTRICT 1988-02 Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-270-058 $77.189 BEECHWOOD CT
093-270-059 $77.187 BEECHWOOD CT
093-270-060 $77.185 BEECHWOOD CT
093-270-061 $77.182231 WOODHILL DR
093-270-062 $77.182229 WOODHILL DR
093-270-063 $77.182227 WOODHILL DR
093-270-064 $77.182225 WOODHILL DR
093-270-065 $77.182223 WOODHILL DR
093-270-066 $77.182221 WOODHILL DR
093-270-067 $77.182219 WOODHILL DR
093-270-068 $77.182217 WOODHILL DR
093-270-069 $77.182215 WOODHILL DR
093-270-070 $77.182211 WOODHILL DR
093-270-071 $77.182209 WOODHILL DR
093-270-072 $77.181791 PEACHWILLOW ST
093-270-073 $77.181787 PEACHWILLOW ST
093-270-074 $77.182220 WOODHILL DR
093-270-075 $77.182222 WOODHILL DR
093-270-076 $77.182224 WOODHILL DR
093-270-077 $77.182226 WOODHILL DR
093-270-078 $77.182228 WOODHILL DR
093-270-079 $77.182230 WOODHILL DR
093-270-080 $77.182232 WOODHILL DR
093-270-081 $77.182234 WOODHILL DR
093-270-082 $77.182236 WOODHILL DR
093-270-083 $77.182238 WOODHILL DR
093-270-084 $77.182240 WOODHILL DR
093-270-085 $77.182242 WOODHILL DR
093-270-086 $77.182235 ALDERBROOK WAY
093-270-087 $77.182233 ALDERBROOK WAY
093-270-088 $77.182231 ALDERBROOK WAY
093-270-089 $77.181771 CLEARWOOD ST
093-270-090 $77.181767 CLEARWOOD ST
093-280-001 $77.181702 CLEARWOOD ST
093-280-002 $77.181706 CLEARWOOD ST
093-280-003 $77.181710 CLEARWOOD ST
093-280-004 $77.181714 CLEARWOOD ST
093-280-005 $77.181716 CLEARWOOD ST
093-280-006 $77.181720 CLEARWOOD ST
093-280-007 $77.181724 CLEARWOOD ST
093-280-008 $77.181728 CLEARWOOD ST
093-280-009 $77.181732 CLEARWOOD ST
093-280-010 $77.181736 CLEARWOOD ST
093-280-011 $77.181738 CLEARWOOD ST
093-280-012 $77.181742 CLEARWOOD ST
093-280-013 $77.181746 CLEARWOOD ST
093-280-014 $77.181750 CLEARWOOD ST
093-280-015 $77.181754 CLEARWOOD ST
093-280-016 $77.181758 CLEARWOOD ST
093-280-017 $77.181762 CLEARWOOD ST
Assessor's
Parcel
Number
Assessment
AmountProperty Address
093-280-018 $77.181763 CLEARWOOD ST
093-280-019 $77.181759 CLEARWOOD ST
093-280-020 $77.181755 CLEARWOOD ST
093-280-021 $77.181751 CLEARWOOD ST
093-280-022 $77.181749 CLEARWOOD ST
093-280-023 $77.181745 CLEARWOOD ST
093-280-024 $77.181741 CLEARWOOD ST
093-280-025 $77.181737 CLEARWOOD ST
093-280-026 $77.181733 CLEARWOOD ST
093-280-027 $77.181731 CLEARWOOD ST
093-280-028 $77.181727 CLEARWOOD ST
093-280-029 $77.181723 CLEARWOOD ST
093-280-030 $77.181719 CLEARWOOD ST
093-280-031 $77.181715 CLEARWOOD ST
093-280-032 $77.181709 CLEARWOOD ST
093-280-033 $77.181705 CLEARWOOD ST
093-280-034 $77.181701 CLEARWOOD ST
093-280-035 $77.182245 SOUTHWOOD DR
093-280-036 $77.182247 SOUTHWOOD DR
093-280-037 $77.182249 SOUTHWOOD DR
093-280-038 $77.182251 SOUTHWOOD DR
093-280-039 $77.182253 SOUTHWOOD DR
093-280-040 $77.182255 SOUTHWOOD DR
093-280-041 $77.182257 SOUTHWOOD DR
093-280-042 $77.182259 SOUTHWOOD DR
093-280-043 $77.182 VINEWOOD CT
093-280-044 $77.184 VINEWOOD CT
093-280-045 $77.186 VINEWOOD CT
093-280-046 $77.188 VINEWOOD CT
093-280-047 $77.1810 VINEWOOD CT
093-280-048 $77.1812 VINEWOOD CT
093-280-049 $77.1814 VINEWOOD CT
093-280-050 $77.1819 VINEWOOD CT
093-280-051 $77.1817 VINEWOOD CT
093-280-052 $77.1815 VINEWOOD CT
093-280-053 $77.1811 VINEWOOD CT
093-280-054 $77.189 VINEWOOD CT
093-280-055 $77.187 VINEWOOD CT
093-280-056 $77.185 VINEWOOD CT
093-280-057 $77.183 VINEWOOD CT
093-280-058 $77.182292 OAK HILLS DR
093-280-059 $77.182290 OAK HILLS DR
093-280-060 $77.182288 OAK HILLS DR
093-280-061 $77.182286 OAK HILLS DR
093-280-062 $77.182285 OAK HILLS DR
093-280-063 $77.182287 OAK HILLS DR
093-280-064 $77.182289 OAK HILLS DR
093-280-065 $77.182291 OAK HILLS DR
093-290-001 $77.182284 OAK HILLS DR
093-290-002 $77.182282 OAK HILLS DR
05/13/24 4
245

Page 1 of 1247 ends

City of Pittsburg
Contra Costa County, California

ENGINEER'S REPORT

OAK HILLS LANDSCAPING and LIGHTING
ASSESSMENT DISTRICT 1988-02

FISCAL YEAR 2024/25

John Samuelson
Director of Public Works/City Engineer
City of Pittsburg, California
July 15, 2024
248
2 Oak Hills Landscaping and Lighting Assessment District 1988-02

TABLE OF CONTENTS

Certificates……………………………………………………………………………… 3
Introduction…………………………………………………………………………….. 4
Description of Improvements……………………………………………………….. 5
Projected Revenue and Expenditures…………………………………………….. 6 Method of Apportionment of Assessment………………………………………... 7 General Benefit………………………………………………………………………… 8
Assessment Calculation……………………………………………………………... 9
Assessment District Diagram………………………………………………………. 10
Assessment Roll………………………………………………………………………. 11
Renewal Schedule…………………………………………………………………….. 12

249
3 CITY OF PITTSBURG

Oak Hills Landscaping and Lighting Assessment District 1988-02

FISCAL YEAR 2024/25

The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City of Pittsburg.

By:_________________________ John Samuelson, P.E.

CE 67734
Date: June 28, 2024

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached were filed with me on the 24th day of June, 2024.

By:_________________________ Alice E. Evenson, City Clerk City of Pittsburg
Contra Costa County, California

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached was approved and confirmed by the City Council of the City of Pittsburg, Contra Costa County on the 15th day of July 2024.

By:_________________________ Alice E. Evenson, City Clerk City of Pittsburg
Contra Costa County, California

I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and the Assessment Diagram thereto attached were filed with the County Auditor of the county of Contra Costa on the ________ day of ____________, 2024.

By:________________________ John Samuelson, P.E.

CE 67734

250
4 Introduction

In June 1988, the City Council confirmed the Engineer’s Report, ordered improvements, and levied the first annual assessment for Oak Hills Landscaping and Lighting Assessment District 1988-02 (District 88-02). The annual assessment was set at $69.24 per benefit factor and increased to $77.18 per benefit factor in Fiscal Year (FY) 1990/91.

This was affirmed by voters in the 1996 general election.

This report is for FY 2024/25, the thirty-sixth year of the district’s operation. It is based on the report commissioned for the district’s formation in 1988 and subsequent reports prepared for FYs 1989/90 through 2023/24 inclusive.

The boundaries of the assessment district are depicted on the Assessment District Diagram found on Page 10. Oak Hills Landscaping and Lighting Assessment District 1988-02 is separate and distinct from the Citywide Landscaping and Lighting Assessment District 1988-01.

For each parcel of land in the district, this report recommends assessments that fund the greater portion of the projected FY 2024/25 budget for operation, maintenance, servicing, replacement, and installation of district improvements. These recommended assessments are proportional to the Engineer of Work’s estimates of relative benefits received by each parcel from district improvements.

This Engineer’s Report for the Oak Hills Landscaping and Lighting Assessment District 1988-02 is being submitted pursuant to Resolution Nos. 24-14467 and 24-14482 of the Pittsburg City Council under provision of Part 2, Division 15 of the California Streets and Highways Code, Sections 22500 through 22679 of The Landscaping and Lighting Act of 1972.

251
5 Description of Improvements
Pittsburg’s Oak Hills Landscaping and Lighting Assessment District 1988-02 provides for the levy and collection of assessments to pay for the following types of improvements:
 Streetlights—The street lighting system includes all streetlights within the public right-of-way and easements. There is a total of eighty-three (83) city-owned streetlights.
 Street Trees—Maintenance of all street trees within the public right-of-way or a street tree maintenance easement.
 Concrete—Replacement of sidewalks damaged by street trees.  Landscaping—Maintenance of facilities, right-of-way, and medians.  Future Capital Improvements
o Removal and replacement of damaged or unhealthy trees and plants located on eroded slope areas.
o Stabilization and soil replacement of eroded slopes.
o Installation of a neighborhood entry feature.

Table 1—Landscape Improvement Locations
Oak Hills Dr. Right-of Way
W Leland Rd. to Southwood Dr.

Marina Blvd.

Bayside Dr. to E 3rd St.

W Leland Road Right-of-Way
Oak Hills Dr. to Westerly Terminus
Oak Hills Park
Southwood Dr. and Woodhill Dr.
252
6 Projected Revenue and Expenditures FY 2024/25

This section contains the estimated maintenance expenditures of the district’s assets supported by the proposed FY 2024/25 assessment revenue and the city’s FY 2024/25 annual operating budget.

Projected Revenue and Expenditures FY 2024/25

Fund Balance as of July 1, 2024 $74,560
Projected Revenue Total FY 2024/25 $37,320
Assessment Posted to Roll 34,036
Investment Earnings LAIF & Others 1,784
Transfer-in from GF for City’s L&L Assess 77
Transfer-in From GF for General Benefit 1,423
Projected Expenditures FY 2024/25 $37,110 Salaries for Landscape Staff 15,500
Administrative Overhead 4,610
Nuisance Assessment Collection Fees 200
Other Contractual and Professional Services 1,800
Utilities – Water 3,000
Utilities – Electric 5,000
Other Special Departmental Supplies 7,000

253
7 Method of Apportionment of Assessment

The City Engineer has developed and proposed an equitable method for distributing the costs of maintaining the city lighting, landscaping, and parks. That method:
 Determines the relative benefit received by each parcel based on type and intensity of land use.
 Derives a numerical expression to determine the special benefit (benefit factor)  Determines the cost for maintenance of the district improvements.  Derives an actual cost per unit of benefit (unit cost) by dividing the total estimated costs based on actual maintenance costs to cover all district costs by the total benefit factors.
 Derives an applied assessment for each parcel based on an assessment per benefit factor of $77.18 for residential parcels.
 Analyzes the actual costs per unit benefit for each parcel and the applied assessment for each parcel and calculates a city general fund subsidy for all uses between actual district costs and applied assessment.

The assessment method asserts that: 1) all assessable parcels in the district benefit from the improvements because they are similarly distributed throughout the district; 2) the benefit for each property varies according to the use of the property and the intensity of that use, and for a given intensity of use, similar land uses will derive similar benefits; 3) any subsidy currently provided by the City is based on the actual maintenance cost to the district.

Vacant residential parcels are currently not assessed. Therefore, an assessment will be levied once a structure is declared final by the City of Pittsburg’s Building Division.

The establishment of the LLAD and its assessment methodology occurred prior to passage of Proposition 218. The provisions of Proposition 218 require that all parcels, including those that are owned by any agency (local, state, or federal), that benefit from the improvements within the district cannot be exempt from assessments “unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit.” Proposition 218 also requires that all existing, new, or increased assessments comply with the provisions of Proposition 218. Therefore, after the passage of Prop. 218, the City began imposing assessments on public property to ensure conformance with State law. The City has, however, committed to subsidize 100% of the assessments to be levied on public school parcels in the City of Pittsburg, though there are no school parcels in District 88-02.

254
8 General Benefit

The City may only assess property owners for that portion of the costs that provide a special and direct benefit to the properties located within the boundaries of the district.

General benefits are not assessable, and the City must fund that portion of improvements that provides a general benefit to the public at large with some other funding source, such as the general fund.

The 1972 Act does not specify a formula or method to use when determining the amount of general versus special benefit. The Engineer of Work is responsible for conducting the general versus special benefit analysis and then making a recommendation to the City Council, which makes the final determination. The general benefit analysis is summarized below.

The City recognizes that nine of the City’s streetlights on West Leland Rd., an arterial street that is included in the district, provides a general benefit to the public at large.

Of the 441 parcels in the district, 438 are used as residences, two are open space (non- assessable), and one city-owned pump station. Benefits to family residences and the city pump station are estimated to be uniform throughout the district. Therefore, each residential parcel and the city’s pump station are assessed an equal amount simply calculated by dividing the district’s net cost of the improvements by the number of assessable parcels, 441 units.

The assessment for each assessable parcel is determined as follows:

Net Amount To Be Assessed $34,036.00

Assessment Per Parcel ($34,036/441) $ 77.18

255
9 Assessment Calculation

Actual Assessment Per Benefit Factor – All Uses

Budgeted Expenditures FY 2024/25 $37,110.00
Divided by Total Benefit Factors /441
Equals Actual Cost Per Benefit Factor $ 84.15

Applied Assessment Per Benefit Factor

Total Amount to be Assessed FY 2024/25 $34,036.38
Divided by Total Benefit Factors /441
Equals Assessment per Benefit Factor Residential $ 77.18

City Subsidy Per Benefit Factor

Actual Cost Per Benefit Factor $ 84.15
Less Applied Assessment of ($ 77.18) City Subsidy Per Benefit Factor FY 2023/24 $ 6.97

Assessment Diagram

The Assessment Diagram shows the boundary for the Oak Hills 1988-02 and the Citywide 1988-01 Landscaping and Lighting Assessment Districts. The lines and dimensions of each lot or parcel within the assessment district are those lines and dimensions shown on the maps of the Assessor of the County of Contra Costa for the fiscal year when this report was prepared. The Contra Costa County Assessor’s Parcel Maps are hereby incorporated by reference into this report. The County Assessor’s Maps shall govern all details concerning the lines and dimensions of lots or parcels. The County Assessor’s Parcel Number is hereby adopted as the distinctive number identifying each parcel for purposes of this assessment.

256
Map data © OpenStreetMap contributors, Microsoft, Facebook, Inc. and its affiliates, Esri Community Maps contributors, Map layer by Esri µ
0 0.5 10.25 Miles
Scale: 1:32,750
City of Pittsburg:

Assessment Districts

Legend
Name
Oak Hills 1988 - 02
Citywide 1988 - 01
Parcels
Map Prepared by Nikesh Patel - GIS
Date Exported: 5/26/2022
Landscaping & Lighting
257
11 Assessment Roll

The Assessment Roll is a list of the Assessor Parcel numbers of Contra Costa County, owner of record, situs address, and the assessment amount for each parcel for FY 2024/25. It is incorporated by reference into this report and on file with the City Clerk’s office.

258
12 Renewal Schedule

OAK HILLS LANDSCAPING AND LIGHTING
ASSESSMENT DISTRICT 1988-02

FISCAL YEAR 2024/25

RENEWAL SCHEDULE

DATE
Request proposal from Francisco & Associates for renewal assistance. Execute contract through proper channels and request purchase order. City provides Francisco & Assoc. with new permit information through April 30, 2024, and Francisco & Associates prepares preliminary Engineer’s Report tables.

April
City Council Adopts Resolutions to Prepare and File Annual Engineer’s Report (on consent).

May 6
F&A provides City with Assessment Rolls and Handbill Listings.

May 15
Preliminary Engineer's Report is Filed with the City Clerk

June 1
City Council Adopts Resolution to Approve Preliminary Engineer’s Report, Declare its Intent to Levy and Collect Annual Assessments, and Set the Date and Time of Public Hearing (on consent)

June 3
City Council holds Public Hearing and Approve Final Engineer’s Report, Ordering the Improvements, and Levying the Annual Assessments for Oak Hills Lighting and Landscaping Assessment District 1988-02 (notice of public hearing required)

July 15
City provides Francisco & Assoc. with signed Engineer Report and Resolution

July 31
Francisco & Assoc. Files Report and Submits Electronic Data to County Auditor

July/August
Corrections to Assessment Roll can be made if necessary.

Mid-August
Francisco & Assoc. provides City with Final Levy Summary Letter and Handbill Listings

September

259

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Engineer to File a Funding Assistance Application and Execute Agreements with the State Water Resources Control Board and Bennett Trust and Riverview MHP, LP
MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
The Bella Vista and Riverview Mobile Home Parks located on Willow Pass Road, within the City limits, will be constructing improvements to abandon their existing well system and obtain potable water service from the City (“Consolidation Project”). The State Water Resources Control Board (“Water Board”), through its Safe and Affordable Fund for Equity and Resilience (“SAFER”) program, will finance the design and construction of the Consolidation Project. For funds to be released for construction, the City must file the financial assistance application, on behalf of the Consolidation Project, to receive funding. In addition, the City will also sign agreements with Bennett Trust and Riverview MHP, LP (“Owners”), respectively, commissioning the City’s participation in the Consolidation Project.

FISCAL IMPACT
The City’s actual costs include, but are not limited to, inspection, legal, planning, engineering, deposits, right of way acquisitions, water meters, state water reimbursement charges, connection charges, and administrative costs for construction management and consolidation in connection with the Funding Agreement. These costs will be covered by the Water Board through its SAFER program.

RECOMMENDATION
City Council adopt the attached resolution authorizing the City Engineer or designee to sign and file a financial assistance application, execute financial assistance agreements from the State Water Resources Control Board and any amendments or changes thereto, and execute agreements with the Owners respectively, outlining the City’s participation in the Consolidation Project.
260

BACKGROUND
The Bella Vista Mobile Home Park is located at 1570 Willow Pass Road. On April 9, 2021, Contra Costa Environmental Health issued Compliance Order No. 0707589 to Bella Vista Water Systems (“BVWS”) for non-compliance with the arsenic Maximum Contaminant Level (“MCL”). The Compliance Order required BVWS to 1) notify its customers of the MCL violation; 2) submit a corrective action plan; and 3) comply with the arsenic MCL by April 1, 2024.

The Riverview Mobile Home Park (“Riverview MHP”) is located at 1526 Willow Pass Road.

The Riverview Water System relies on a groundwater well (“Riverview Well”) to provide drinking water to approximately 126 Riverview MHP residents through 45 unmetered service connections, which are not currently subject to a water quality compliance order.

On May 30, 1985, the City entered into an outside water service agreement (“1985 Agreement”) with Robert G. Grady and Lynnmary Grady (the “Gradys”), who owned the parcel upon which Riverview MHP was then located and remains currently, requiring the City to provide the parcel with water service. The 1985 Agreement runs with the land, binds the Gradys’ successors in interest, and was recorded with the Contra Costa County Recorder on June 6, 1985.

The recommended improvements for the Consolidation Project require the abandonment of the two existing wells, and installation of new water service connections and appurtenant improvements to provide potable water service to each property, and new service connection for fire protection.

The owners of the Bella Vista Water System and Riverview Water System lack the financial resources to pay for the necessary improvements required to connect to the City’s potable water supply.

The Water Board recommends the consolidation of the BVWS and RWS with the City to maintain access to safe drinking water.

SUBCOMMITTEE FINDINGS
This item was not presented to any subcommittee.

STAFF ANALYSIS
The City has the capacity to provide the Bella Vista and Riverview mobile home customers with safe drinking water making the Consolidation Project the most reasonable solution to both current and future customers. In addition, the City will execute consolidation agreements with each of the two Owners, requiring participation in the Consolidation Project and filing of the funding assistance application. Contingent upon approval of funding, the consolidation agreements will commission the City to do the following as it relates to the Consolidation Project.
261
The City will obtain connection approvals, including securing funding for connection and/or impact fees, obtaining all permits, leases, and easements necessary for construction related to the Consolidation Project, including, but not limited to, encroachment permits, agreements, and necessary approvals from the appropriate County, State, and Federal agencies.

The City will construct the necessary infrastructure related to the Consolidation Project, including, but not limited to the installation of 2-inch copper service piping to connect the City Water System to the BVWS, the installation of a master water meter at the point of connection between the City Water System and the BVWS, the installation of a City- approved backflow prevention device on the Owner’s property, the installation of a 6-inch ductile iron pipe for fire flow protection, the installation of a fire hydrant as required by the Contra Costa County Fire Protection District, and abandonment of the existing BV Wells in accordance with County standards.

ATTACHMENTS: Resolution
Attachment A: Consolidation Agreement with Bella Vista Mobile Home Park (Bennett Trust)
Attachment B: Consolidation Agreement with Riverview Mobile Home Park (Riverview MHP, LP)
Report Prepared By: Jolan Longway, Development Services Supervisor 262
Resolution No. 24- Page 1 of 2 July 15, 2024

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

Authorizing the City Engineer to File )
A Funding Assistance Application and )
Execute Agreements with the State ) RESOLUTION NO. 24-
Water Resources Control Board, )
Bennett Trust and Riverview MHP, LP )

WHEREAS, the Bella Vista and Riverview Mobile Home Parks located on Willow Pass Road within the City limits, will be constructing improvements to abandon their existing well system and obtain potable water service from the City of Pittsburg (“Consolidation Project”); and
WHEREAS, the existing water system for the Bella Vista Mobile Home Park received a notice of non-compliance from the Contra Costa Department of Public Health for exceedances of arsenic in their water supply, requiring corrective action; and WHEREAS; the Riverview Mobile Home Park executed an agreement with the City in 1985, which allowed them to receive potable water service from the City, however the appropriate improvements to obtain water service were never constructed; and WHEREAS; the State Water Resources Control Board (“Water Board”) recommends the Bella Vista and Riverview water systems consolidate with the City to maintain access to safe drinking water; and
WHEREAS, the owners, Bennett Trust and Riverview MHP, LP (“Owners”) of the Bella Vista and Riverview Mobile Home Parks, current water systems lack the financial resources to pay for the necessary improvements to connect to the City’s potable water supply; and
WHEREAS, the Water Board, through its Safe and Affordable Fund for Equity and Resilience (“SAFER”) Program, will finance the design and construction of the Consolidation Project, with the City acting as the authorized agent to apply for and manage the disbursement of funding, on behalf of the property owners.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes and directs the City Engineer or designee to sign and file on behalf of the City, a financial assistance agreement from the Water Board and any amendments or changes thereto on behalf of the Bella Vista and Riverview Mobile Home Parks. The authorized representative, or designee will represent the City in carrying out the responsibilities under the financing agreement, including certifying disbursement requests and compliance with applicable state and federal laws.

BE IT FURTHER RESOLVED, that the City Council authorizes the City Engineer or designee to sign on behalf of the City, the Master Meter Consolidation and Water Services Agreement with the Owners, respectively, commissioning the City to act as a participant in the Consolidation Project as outlined in the agreements. 263
Resolution No. 24- Page 2 of 2 July 15, 2024 PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_________________________
Juan Antonio Banales, Mayor
ATTEST:
__________________________
Alice E. Evenson, City Clerk
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1 MASTER METER CONSOLIDATION AND WATER SERVICE AGREEMENT

BETWEEN THE CITY OF PITTSBURG AND

THE BENNETT TRUST
This Master Meter Consolidation and Water Service Agreement (“Agreement”) is made and entered into as of _______________, 2024, between the City of Pittsburg and The Bennett Trust (“Owner”), which are hereinafter sometimes individually referred to as a “Party” and collectively referred to as “Parties.”

BACKGROUND
A. Bella Vista Mobile Home Park (“Bella Vista MHP”) is located at 1570 Willow Pass Road, Pittsburg, California. The Bella Vista Water System (“BVWS”) is a community public water system, which currently operates under Domestic Water Supply Permit No.

CA0707589, issued by Contra Costa Environmental Health (“CCEH”). BVWS supplies water to Bella Vista MHP. Until December 2023, BVWS relied on a groundwater well to serve drinking water to approximately 93 Bella Vista MHP residents (“Bella Vista Customers”) through 32 unmetered service connections. In addition, BVWS owns a second well located within the Bella Vista MHP that is not in operation. Collectively, the two wells are referred herein as the “BV Wells.”
B. The Bennett Trust (“Owner”) currently owns and operates Bella Vista MHP and BVWS, which are located within the City of Pittsburg’s (“City”) boundaries.

C. The City provides water to its residents through a City department known as Pittsburg Water. Pittsburg Water’s water system (“City Water System”) delivers about nine million gallons of water per day that it purchases from the Contra Costa Water District and supplements with two wells. The City Water System meets all primary drinking water standards. The City Water System’s service area includes the City and surrounding areas and serves approximately 76,000 people through 20,000 metered connections. The City Water System owns and operates a 16-inch water main on the south side of Willow Pass Road.

D. On April 9, 2021, CCEH issued Compliance Order No. 0707589 to BVWS for non- compliance with the arsenic Maximum Contaminant Level (“MCL”). The Compliance Order required BVWS to: 1) notify its customers of the MCL violation; 2) submit a corrective action plan; and 3) comply with the Arsenic MCL by April 1, 2024.

E. On December 24, 2023, the casing failed on one of the BV Wells. On December 27, 2023, CCEH issued a Do Not Drink Order to BVWS. On January 14, 2024, the City installed piping for a temporary emergency service line to BVWS. On January 17, 2024, after BVWS installed a backflow prevention device, the City turned the water on. On January 26, 2024, CCEH rescinded the Do Not Drink Order after a bacteriological sample test returned negative for total coliform. In the interim period between the well 265
2 casing failure and the CCEH’s rescission of the Do Not Drink Order, the Owner provided bottled water to Bella Vista Customers.

F. The Owner lacks adequate financial resources to pay for necessary repairs and improvements to the BVWS water distribution system. The Water Board recommended that BVWS consolidate with the City of Pittsburg to ensure that the Bella Vista customers maintain access to safe drinking water.

G. The City has the capacity to provide the Bella Vista Customers with safe drinking water.

A Master Meter Consolidation of BVWS with the City Water System (“Consolidation Project”) is the most reasonable solution to provide safe drinking water to the current and future Bella Vista Customers.

H. The City is willing to participate in the Consolidation Project. The City will apply for funding from the Water Board to finance the construction phase of this consolidation.

I. The Consolidation Project will require: (i) the installation of 2-inch copper service piping to connect the City Water System to the BVWS; (ii) the installation of a master water meter at the point of connection between the City Water System and the BVWS; (iii) the installation of a City-approved backflow prevention device on the Owner’s property; (iv) the installation of a 6-inch ductile iron pipe for fire flow protection; (v) the installation of a fire hydrant as required by the Contra Costa County Fire Protection District; and (vi) the abandonment of the BV Wells in accordance with County standards.

The Consolidation Project will be constructed on an existing right-of-way. According to the Engineering Report, the construction of the infrastructure described in this paragraph will take approximately 120 days after a bid is awarded.

J. Pursuant to the Safe and Affordable Fund for Equity and Resilience (“SAFER”) program, the Water Board may provide funding to cover the costs associated with the Consolidation Project, including the cost of constructing necessary infrastructure, the abandonment, decommissioning, and destruction of the BV Wells, and incidental costs, including, but not limited to, payment of connection fees and construction management.

K. The Parties agree that it is within their best interests that the BV Wells be abandoned, decommissioned, and destroyed after the Bella Vista Customers are connected to the City Water System. This will ensure that, after the Consolidation Project is complete, potentially unsafe drinking water from the future BVWS will not be mixed with safe drinking water from the City Water System.

L. Completion of the Consolidation Project is contingent upon the Water Board’s approval of funding for the cost of construction, the abandonment, decommissioning, and destruction of the BV Wells, and incidental costs associated with the consolidation, including, but not limited to, those associated with connection and/or impact fees. 266
3 M. Pursuant to the Department of Financial Assistance’s (“DFA”) “Guidelines for Consolidation Projects,” a final master meter consolidation and water service agreement must be signed by the Parties and submitted to DFA before DFA will circulate a construction financing agreement for signature.

N. As a result of this Agreement between the Owner and the City, the City will provide master meter water service to BVWS, which will continue to serve current and future Bella Vista Customers.

The Parties therefore agree as follows:

1. Purpose. This Agreement provides the terms for a Master Meter Consolidation Project between the City Water System and BVWS. After completion of the Consolidation Project, the Owner will pay for and receive water from the City Water System. After the City secures adequate funds for the Consolidation Project and the Completion of Construction, the City will provide water service to the Owner in accordance with all applicable laws.

2. Definitions. The following terms are defined for the purposes of this Agreement. a. Bella Vista Customers means the current and future Bella Vista Mobile Home Park residents in the Bella Vista Service Area who are provided drinking water by the Bella Vista Water System.

b. Bella Vista MHP means the Bella Vista Mobile Home Park. c. Bella Vista Service Area means the area to which the Bella Vista Water System supplies water.
d. BV Wells mean (1) the groundwater well operated by the Bella Vista Water System until the well’s casing failed in December 2023; and (2) a second groundwater well located within the Bella Vista MHP that is not in operation.
e. BVWS means the existing Bella Vista Water System, a community public water system currently operating under Domestic Water Supply Permit No. CA0707589, as described in Paragraphs A and B of the Background Section.
f. City means the City of Pittsburg.
g. City Water System means the water system of Pittsburg Water and its associated facilities. h. Completion of Construction means the date that the City accepts the contractor’s final notice of completion of construction for all phases of the Consolidation Project. 267
4 i. Consolidation Project means the following:

1. Obtaining connection approvals, including securing funding for connection and/or impact fees.

2. Obtaining all permits, leases, and easements necessary for construction related to the Consolidation Project, including, but not limited to, encroachment permits, agreements, and necessary approvals from the appropriate County, State, and Federal agencies.

3. Construction of necessary infrastructure related to the Consolidation Project, including, but not limited to:
i. The installation of 2-inch copper service piping to connect the City Water System to the BVWS;
ii. The installation of a master water meter at the point of connection between the City Water System and the BVWS;
iii. The installation of a City-approved backflow prevention device on the Owner’s property;
iv. The installation of a 6-inch ductile iron pipe for fire flow protection; v. The installation of a fire hydrant as required by the Contra Costa County Fire Protection District; and
vi. Abandonment of the existing BV Wells in accordance with County standards.
j. DFA means the Division of Financial Assistance at the State Water Resources Control Board.
k. Effective Date means the date that this Agreement has been signed by all the Parties. l. Engineering Report means the Engineering Report Technical Memorandum (April 2024) prepared by GHD, Inc. for the Bella Vista and Riverview Mobile Home Parks Water Service Extension Project.
m. Funding Agreement means the written agreement between the Water Board and the City that sets out the applicable terms regarding the Water Board’s award of funding to the City to finance the Consolidation Project.
n. Owner means The Bennett Trust, the owner of the Bella Vista MHP and BVWS. o. Parties means each Party who is an intended signatory to this Agreement. The Parties are the City of Pittsburg (“City”) and The Bennett Trust (“Owner”). 268
5 p. Reasonable Efforts means the attention and care required from the City to obtain funding from the Water Board to finance the Consolidation Project. q. Upgraded City Water System means the City Water System after completion of construction of necessary infrastructure related to the Consolidation Project. r. Water Board means the State Water Resources Control Board.

Water System Consolidation

3. Funding Agreement Application. The City agrees to act as both the applicant for and recipient of construction phase funding from DFA to pay for the costs of the Consolidation Project. The Owner agrees that the City will be allowed, on behalf of the Owner, to apply for funding for the Consolidation Project pursuant to the Funding Agreement. This grant of agency to the City includes, without limitation, the ability to accept and spend available funds, including any funds that would otherwise be available to the Owner, and all incidental powers required to complete the Consolidation Project pursuant to the terms of the Funding Agreement. The City’s actual costs include, but are not limited to, inspection, legal, planning, engineering, deposits, right-of-way acquisitions, water meters, state water reimbursement charges, connection charges, and administrative costs for construction management and consolidation in connection with the Funding Agreement. The City, as a condition of its receipt of funds under the Funding Agreement, agrees to comply with the applicable terms of the Funding Agreement.

4. Contingent on Funding. The City will use Reasonable Efforts to obtain Water Board funding for the Consolidation Project. However, the Water Board has the discretion to determine whether to approve a Funding Agreement. The City’s provision of water service to the Owner’s property will require, among other things, the installation of 2-inch copper service piping to connect the City Water System to the BVWS. Construction of the infrastructure required for the Consolidation Project, as well as the abandonment, decommissioning, and destruction of the BV Wells, are contingent upon the City obtaining Water Board funding for eligible costs for the Consolidation Project. If funding is not obtained, this Agreement is void, and no Party will be required to complete any part of the Consolidation Project.

5. Funding Agreement. If the Water Board approves a Funding Agreement for the Consolidation Project, the City shall be responsible for the costs of the Consolidation Project up to the funded amount. The City shall construct the infrastructure in accordance with the terms of the Funding Agreement.

6. Management. The City will manage the Consolidation Project and will obtain all permits and easements necessary for construction of the Consolidation Project, including, but not limited to, encroachment permits, well-destruction permits, agreements, and necessary approvals from the appropriate City, County, State, and Federal agencies. The Owner agrees to cooperate with and, if requested, assist the City in discussions or negotiations with City, County, State, and Federal agencies.
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6 7. Long-term Access and Temporary Construction Access. The Owner hereby grants permission to the City to enter the Owner’s property for the purposes of constructing, operating, and maintaining the City Water System up to and including the master water meter. The Owner also grants permission to the City for temporary construction access to complete the Consolidation Project, including, but not limited to, the installation of a backflow prevention device, 6-inch ductile iron pipes, and a fire hydrant, and the destruction of the BV Wells. After completion of the Consolidation Project, the City will repair damage, if any, caused by City construction activities, and will restore the property to the prior condition.

8. Long-term Access to the Water Board, U.S. EPA, and State Auditor. The Parties represent and warrant that they will ensure that the Water Board, the U.S. Environmental Protection Agency (“U.S. EPA”), the State Auditor, and any authorized representative of the Water Board, U.S. EPA, or the State Auditor will have safe and suitable access to their properties at all reasonable times for the useful life of the infrastructure included in the Consolidation Project. The expected useful life of the infrastructure included in the Consolidation Project is 40 years after the Completion of Construction.

9. Estimated Completion of Construction. According to the Technical Assistance work plan for University Enterprises, Inc., the engineering planning phase for this project is scheduled for completion in November 2024. The construction phase of the Consolidation Project will commence as soon as practicable after the Water Board’s Final Budget Approval relating to the Funding Agreement between the Water Board and the City. The Engineering Report estimates that construction will take approximately 120 days to complete after a bid is awarded.

10. Connection to City Water System. After completion of the Consolidation Project, the City shall allow the Owner to connect to the City Water System. As a condition of allowing the Owner to connect to the City Water System, the City requires the Owner to secure the necessary permits and make payments of fees and charges as established by the City Council for service of water through a master meter connection. The City agrees to request reimbursement for payment of these fees as eligible costs under the Funding Agreement.

11. Water Usage Fees and Charges. The Owner shall pay the City the monthly water usage fees and charges, applicable to the type of service requested, in accordance with the City’s applicable Water Rate Fees and Regulations. A copy of the current Water Rate Fees and Regulations is attached as Exhibit A. The Owner shall enjoy all the rights, benefits, and privileges of current customers of the City Water System, and shall be subject to the same Water Rate Fees and Regulations as current customers of the City Water System. The Parties recognize that the City may find it necessary to raise its water usage fees and charges from time to time in accordance with the City’s Water Rate Fees and Regulations applicable at that time and in accordance with all relevant state and local laws.

12. Abandonment, Decommissioning, and Destruction of Wells. The Owner agrees to waive its rights to any and all domestic wells in order to consolidate with the City Water System.

When the City began providing water service to Bella Vista Customers through a temporary 270
7 water service connection in January 2024, the Owner disconnected one of the BV Wells from the BVWS and installed a backflow prevention device. The Owner agrees that, upon connection to the City Water System and the delivery of safe, potable drinking water to the Owner’s property, the BV Wells and all associated water supply facilities (e.g., tanks) must be abandoned and decommissioned according to applicable County standards as soon as practicable. The City will obtain the appropriate permits and pay for the abandonment, decommissioning, and destruction of the BV Wells and associated water supply facilities.

The Owner agrees to cooperate with and, if requested, assist the City to accomplish this abandonment, decommissioning, and destruction.

13. Operation & Maintenance. After the City connects the Upgraded City Water System to the BVWS, the City will enter into a Water Service Agreement with the Owner and will provide all water to the BVWS through the physical connection. As part of this Agreement, the BVWS will surrender its water supply permit. Upon completion of the Consolidation Project and satisfaction of all conditions, the City shall provide water service in compliance with applicable law up to the master water meter at the Owner’s property line. The City will own and will be responsible for the operation, maintenance, repair, and replacement of the water facilities up to and including the master water meter at the Owner’s property line. The City agrees to maintain the infrastructure of the Upgraded City Water System that it owns for the useful life of the infrastructure, which is estimated to be 40 years after Completion of Construction. The Owner will own and will be responsible for the operation, maintenance, repair, and replacement of the water facilities downstream of the master water meter at the Owner’s property line. The Owner will continue to provide water to the Bella Vista Customers and will pay the City for the provision of water as provided in Paragraph 11 of this Agreement.

14. Private Laterals. As part of the Consolidation Project, the City may, at its discretion, install private laterals from the master water meter to existing residential structures on the Owner’s property. If the City decides to include the installation of private laterals as part of the Consolidation Project, the City will apply for Water Board funding to cover the cost of such installation in the Funding Agreement. The Parties acknowledge that the Water Board has the discretion to determine whether to approve funding of the installation of private laterals.

If the Water Board does not approve funding for this part of the Consolidation Project, the City will not be required to install the private laterals. The Parties also acknowledge that the Water Board, as part of its decision whether to fund the cost of the installation of the private laterals, may require the Owner to submit its tax returns and CPA-certified financial statements to support a claim of an inability to pay for the installation of the private laterals.

If the Water Board approves funding, the Owner shall grant (at no charge) a temporary easement to the City to install the private laterals. After installation of the private laterals, the City will transfer ownership of the private laterals to the Owner. The Owner will be responsible for the operation, maintenance, repair, and replacement of the private laterals for the useful life of the private laterals. The expected useful life of the private laterals is 40 years after the Completion of Construction.

15. Backflow Prevention Device. The Owner shall permit the City to install a City-approved backflow prevention device on the Owner’s property. The City will apply for Water Board 271
8 funding to cover the cost of such installation in the Funding Agreement. The Parties acknowledge that the Water Board has the discretion to determine whether to approve funding of the installation of the backflow prevention device. The Parties also acknowledge that the Water Board may require the Owner to submit its tax returns and CPA-certified financial statements to support a claim of an inability to pay for the installation of the backflow prevention device. If the Water Board does not approve funding for this part of the Consolidation Project, the Owner will be required to pay for the City’s installation of the backflow prevention device at the Owner’s expense. If the Water Board approves funding, the City, after installation of the backflow prevention device, will transfer ownership of the backflow prevention device to the Owner. The Owner will be responsible for the operation, maintenance, repair, and replacement of the backflow prevention device. In accordance with the City’s Municipal Code, the Owner shall test the approved backflow prevention device at the time of installation and, at a minimum, annually thereafter to ensure proper operation.

Testing of the backflow prevention device shall be performed by a current certified backflow prevention assembly tester using test procedures currently recommended by the American Water Works Association.

16. Water Facilities Downstream of the Master Water Meter. The City does not take any responsibility or provide a warranty for any work performed by the City or a third-party contractor on any water facilities downstream of the master water meter at the Owner’s property line as part of this Consolidation Project.

General Provisions

17. Water Board Review. The Parties agree that the Water Board’s review or approval of the Construction Project is for administrative purposes only, including conformity with application and eligibility criteria, and expressly not for the purposes of design defect review or construction feasibility, and does not relieve the City of its responsibility to properly plan, design, construct, operate, and maintain the Construction Project.

18. Third Party Beneficiary. The Water Board is an intended third-party beneficiary of this Agreement with the right and standing to seek enforcement of the entire Agreement or any portion thereof and will retain that status for the term of this Agreement.

19. Notices (general). All notices and other communications required or permitted under this Agreement shall be in writing and addressed to the individuals identified in this provision, and will be deemed duly served, given, or delivered:
a. On the date of service, if served personally on the person to receive the notice; b. On the date deposited with U.S. mail if delivered by first-class mail with postage prepaid and addressed to the relevant Party at the address set forth in this Paragraph below; or
c. On the date of transmission if delivered electronically, showing the date and time transmitted, to the email address set forth in this Paragraph below and showing the date and time transmitted.
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9 OWNER:

Bennett Trust
Daniel Bennett
169 Valley Hill Dr
Moraga, CA 94556
CITY:

Jolan Longway
[email protected]
City of Pittsburg Public Works Department – Engineering Division 65 Civic Avenue
Pittsburg, CA 94565

20. Notices (in case of property transfer). The Owner must notify the City in writing when the property undergoes a transfer in ownership prior to the completion of the Consolidation Project. Notification must be made by depositing a written notice in the U.S. Mail, postage prepaid, addressed as follows:

Jolan Longway
City of Pittsburg
City of Pittsburg Public Works Department – Engineering Division 65 Civic Avenue
Pittsburg, CA 94565

21. Covenant Running with the Land. This Agreement shall be binding upon, and inure to the benefit of, all heirs, assignees, or successors-in-interest of the Parties as a covenant that runs with the land.

22. Integration. This Agreement states the entire agreement between the Parties and supersedes all prior negotiations and agreements related to the Consolidation Project.

23. Governing Law & Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in Contra Costa County Superior Court.

24. Assignment and Delegation. No Party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other Party.

25. Severability. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force. 273
10 26. Waiver. No provision of this Agreement may be waived unless the waiver is in writing and signed by all Parties. If a Party declines to enforce a breach of any provision of this Agreement by the other Party, that non-breaching Party’s inaction will not constitute a continuing waiver, and it will not waive any subsequent breach of any provision of this Agreement.

27. Amendments. This Agreement may be amended only by the mutual consent of the Parties in an agreement in writing.

28. Counterparts. This Agreement may be executed in one or more counterparts, each of which is an original, and all of which constitute a single agreement.

29. Term of Agreement. This Agreement will become effective upon its execution. If the City obtains funding from the Water Board for the Consolidation Project, this Agreement will remain in effect for 40 years after the Consolidation Project is completed, which is the expected useful life of the water main connection from the City Water System to the Bella Vista Water System.

30. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

31. Joint Efforts. This Agreement is the result of the Parties’ joint efforts and negotiations.

The Agreement shall be interpreted to reflect that each Party participated equally in the drafting of the Agreement.

32. Authorization. All signatories to this Agreement are authorized to bind the Parties.

To evidence the Parties’ agreement to this Agreement, the Parties have executed and delivered it on the dates set out below. The Effective Date of this Agreement will be the date that the Agreement is signed by the last Party to agree to it (as indicated by the date associated with that Party’s signature).

BENNETT TRUST
Dated: ___________________ Signature: ___________________________ Name: Daniel Bennett
Title: _______________________________
274
11 THE CITY OF PITTSBURG
Dated: ___________________ Signature: ___________________________ Name: John Samuelson
Title: Director of Public Works/City Engineer
275
1 MASTER METER CONSOLIDATION AND WATER SERVICE AGREEMENT

BETWEEN THE CITY OF PITTSBURG AND

RIVERVIEW MHP, LP
This Master Meter Consolidation and Water Service Agreement (“Agreement”) is made and entered into as of ________________, 2024, between the City of Pittsburg and Riverview MHP, LP, a California limited partnership, which are hereinafter sometime individually referred to as a “Party” and collectively referred to as “Parties”.

BACKGROUND
A. Riverview Mobile Home Park (“Riverview MHP”) is located at 1526 Willow Pass Road, Pittsburg, California, in Contra Costa County. The Riverview Water System (“Riverview Water System”), which is a community public water system operating under a Domestic Water Supply Permit issued by Contra Costa Environmental Health (“CCEH”), supplies water to Riverview MHP. The Riverview Water System relies on a groundwater well (“Riverview Well”) to serve drinking water to approximately 126 Riverview MHP residents (“Riverview Customers”) through 45 unmetered service connections. The Riverview Water System is not currently subject to a water quality Compliance Order.

The State Water Resources Control Board (“Water Board”) requested that the Aoki Water Justice Clinic provide technical assistance to the Riverview Water System.

B. Riverview MHP, LP (“Owner”) currently owns and operates Riverview MHP and the Riverview Water System, which are located within the City of Pittsburg’s (“City”) boundaries.

D. On May 30, 1985, the City entered into an outside water service agreement (“1985 Agreement”) with Robert G. Grady and Lynnmary Grady (“the Gradys”), who owned the parcel upon which Riverview MHP was then and remains located. The 1985 Agreement requires the City to provide the parcel with water service. The 1985 Agreement runs with the land, binds the Gradys’ successors in interest, and was recorded with the Contra Costa County Recorder on June 6, 1985.

E. The Owner lacks adequate financial resources to pay for certain costly improvements to the Riverview Water System. The Water Board recommends that the Riverview Water 276
2 System consolidate with the City Water System to ensure that the Riverview Customers maintain access to safe drinking water.

F. The City has the capacity to provide the Riverview Customers with safe drinking water.

A Master Meter Consolidation of the Riverview Water System with the City Water System (“Consolidation Project”) is the most reasonable solution to provide safe drinking water to the current and future Riverview Customers.

G. The City is willing to participate in the Consolidation Project. The City will apply for funding from the Water Board to finance the construction phase of this consolidation.

H. The Consolidation Project will require: (i) the installation of 2-inch copper service piping to connect the City Water System to the Riverview Water System; ; (ii) the installation of a master water meter at the point of connection between the City Water System and the Riverview Water System; (iii) the installation of a City-approved backflow prevention device on the Owner’s property; (iv) the installation of a 6-inch ductile iron pipe for fire flow protection; (v) the installation of a fire hydrant as required by the Contra Costa County Fire Protection District; and (vi) the abandonment of the Riverview Well in accordance with County standards. The Consolidation Project will be constructed on an existing right-of-way. According to the Engineering Report, the construction of the infrastructure described in this paragraph will take approximately 120 days after a bid is awarded.

I. Pursuant to the Safe and Affordable Fund for Equity and Resilience (“SAFER”) program, the Water Board may provide funding to cover the costs associated with the Consolidation Project, including the cost of constructing necessary infrastructure, the abandonment, decommissioning, and destruction of the Riverview Well, and incidental costs, including, but not limited to, payment of connection fees and construction management.

J. The Parties agree that it is within their best interests that the Riverview Well be abandoned, decommissioned, and destroyed after the Riverview Customers are connected to the City Water System. This will ensure that, after the Consolidation Project is complete, potentially unsafe drinking water from the future Riverview Water System will not be mixed with safe drinking water from the City Water System.

K. Completion of the Consolidation Project is contingent upon the Water Board’s approval of funding for the cost of construction, the abandonment, decommissioning, and destruction of the Riverview Well, and incidental costs associated with the consolidation, including, but not limited to, those associated with connection and/or impact fees.

L. Pursuant to the Department of Financial Assistance’s (“DFA”) “Guidelines for Consolidation Projects,” a final master meter consolidation and water service agreement must be signed by the Parties and submitted to DFA before DFA will circulate a construction financing agreement for signature.
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3 M. As a result of this Agreement between the Owner and the City, the City’s service area will be expanded to include the Riverview Water System’s service area. Pursuant to this Agreement, the City will provide master meter water service to the Riverview Water System, which will continue to serve current and future Riverview Customers.

The Parties therefore agree as follows:

1. Purpose. This Agreement provides the terms for the Consolidation Project between the City Water System and the Riverview Water System. After completion of the Consolidation Project, the Owner will pay for and receive water from the City Water System. After the City secures adequate funds for the Consolidation Project and the Completion of Construction, the City will provide water service to the Owner in accordance with all applicable laws.

2. Definitions. The following terms are defined for the purposes of this Agreement. a. City means the City of Pittsburg.
b. City Water System means the water system of Pittsburg Water and its associated facilities. c. Completion of Construction means the date that the City accepts the contractor’s final notice of completion of construction for all phases of the Consolidation Project. d. Consolidation Project means the following:

1. Obtaining connection approvals, including securing funding for connection and/or impact fees.

3. Construction of necessary infrastructure related to the Consolidation Project, including, but not limited to:
i. The installation of 2-inch copper service piping to connect the City Water System to the Riverview Water System at the Owner’s eastern property line;
ii. The installation of a master water meter at the point of connection between the City Water System and the Riverview Water System;
iii. The installation of a City-approved backflow prevention device on the Owner’s property;
iv. The installation of a 6-inch ductile iron pipe for fire flow protection; 278
4 v. The installation of fire hydrants as required by the Contra Costa County Fire Protection District; and
vi. Abandonment of the existing Riverview Well in accordance with County standards.
e. DFA means the Division of Financial Assistance at the State Water Resources Control Board.
f. Effective Date means the date that this Agreement has been signed by all the Parties. g. Engineering Report means the Engineering Report Technical Memorandum (April 2024) prepared by GHD, Inc. for the Bella Vista and Riverview Mobile Home Parks Water Service Extension Project.
h. Funding Agreement means the written agreement between the Water Board and the City that sets out the applicable terms regarding the Water Board’s award of funding to the City to finance the Consolidation Project.
i. Owner means Riverview MHP LP, the owner of the Riverview MHP and the Riverview Water System.
j. Parties means each Party who is an intended signatory to this Agreement. The Parties are the City of Pittsburg (“City”) and Riverview MHP, LP (“Owner”). k. Reasonable Efforts means the attention and care required from the City to obtain funding from the Water Board to finance the Consolidation Project. l. Riverview Customers means the current and future Riverview MHP residents in the Riverview Service Area who are provided drinking water by the Riverview Water System.
m. Riverview MHP means the Riverview Mobile Home Park.
n. Riverview Service Area means the area to which the Riverview Water System supplies water.
o. Riverview Water System means the existing Riverview Water System’s distribution system described in Paragraphs A and B of the Background Section. p. Riverview Well means the one existing well used to supply drinking water to the Riverview Service Area.
q. Upgraded City Water System means the City Water System after completion of construction of necessary infrastructure related to the Consolidation Project. 279
5 r. Water Board means the State Water Resources Control Board. s. 1985 Agreement means the outside water service agreement between the City and the owners of Riverview MHP to provide the parcel with water service.

Water System Consolidation

4. Contingent on Funding. The City will use Reasonable Efforts to obtain Water Board funding for the Consolidation Project. However, the Water Board has the discretion to determine whether to approve a Funding Agreement. The City’s provision of water service to the Owner’s property will require, among other things, the installation of 2-inch copper service piping to connect the City Water System to the Riverview Water System. Construction of the infrastructure required for the Consolidation Project, as well as the abandonment, decommissioning, and destruction of the Riverview Well, are contingent upon the City obtaining Water Board funding for eligible costs for the Consolidation Project. If funding is not obtained, this Agreement is void, and no Party will be required to complete any part of the Consolidation Project. If this Agreement is void, the Owner reserves the right to rely on the terms of the 1985 Agreement.

6. Management. The City will manage the Consolidation Project and will obtain all permits and easements necessary for construction of the Consolidation Project, including, but not limited to, encroachment permits, well-destruction permits, agreements, and necessary approvals from the appropriate City, County, State, and Federal agencies. The Owner agrees to cooperate with and, if requested, assist the City in discussions or negotiations with City, County, State, and Federal agencies.
280
6 7. Long-term Access and Temporary Construction Access. The Owner hereby grants permission to the City to enter the Owner’s property for the purposes of constructing, operating, and maintaining the City Water System up to and including the master water meter. The Owner also grants permission to the City for temporary construction access to complete the Consolidation Project, including, but not limited to, the installation of a backflow prevention device, 6-inch ductile iron pipes, and a fire hydrant, and the destruction of the Riverview Well. After completion of the Consolidation Project, the City will repair damage, if any, caused by City construction activities, and will restore the property to the prior condition.

8. Long-term Access to the Water Board, U.S. EPA, and State Auditor. The Parties represent and warrant that they will ensure that the Water Board, the U.S. Environmental Protection Agency (“U.S. EPA”), the State Auditor, and any authorized representative of the Water Board, U.S. EPA, or the State Auditor will have safe and suitable access to the Owner’s properties at all reasonable times for the useful life of the infrastructure included in the Consolidation Project. The expected useful life of the infrastructure included in the Consolidation Project is 40 years after the Completion of Construction.

12. Abandonment, Decommissioning, and Destruction of Well. The Owner agrees to waive its rights to any and all domestic wells in order to consolidate with the City Water System.

After the City begins providing water service to Riverview Customers, the Owner shall 281
7 immediately disconnect the Riverview Well from the Riverview Water System. The Owner agrees that, upon connection to the City Water System and the delivery of safe, potable drinking water to the Owner’s property, the Riverview Well and all associated water supply facilities (e.g., pressure tanks, chemical feed, chlorine tank, and pump) must be abandoned and decommissioned according to applicable County standards as soon as practicable. The City will obtain the appropriate permits and pay for the abandonment, decommissioning, and destruction of the Riverview Well and associated water supply facilities. The Owner agrees to cooperate with and, if requested, assist the City to accomplish this abandonment, decommissioning, and destruction.

13. Operation & Maintenance. After connection from the City Water System to the Riverview Water System, the City will enter into a Water Service Agreement with the Owner and will provide all water to the Riverview Water System through the physical connection. As part of this Agreement, the Riverview Water System will surrender its water supply permit. Upon completion of the Consolidation Project and satisfaction of all conditions, the City shall provide water service in compliance with applicable law up to the master water meter at the Owner’s property line. The City will own and will be responsible for the operation, maintenance, repair, and replacement of the water facilities up to and including the master water meter at the Owner’s property line. The City agrees to maintain the infrastructure of the Upgraded City Water System that it owns for the useful life of the infrastructure, which is estimated to be 40 years after Completion of Construction. The Owner will own and will be responsible for the operation, maintenance, repair, and replacement of the water facilities downstream of the master water meter at the Owner’s property line. The Owner will continue to provide water to the Riverview Customers and will pay the City for the provision of water as provided in Paragraph 11 of this Agreement.

15. Backflow Prevention Device. The Owner shall permit the City to install a City-approved backflow prevention device on the Owner’s property. The City will apply for Water Board 282
8 funding to cover the cost of such installation in the Funding Agreement. The Parties acknowledge that the Water Board has the discretion to determine whether to approve funding of the installation of the backflow prevention device. The Parties also acknowledge that the Water Board may require the Owner to submit its tax returns and CPA-certified financial statements to support a claim of an inability to pay for the installation of the backflow prevention device. If the Water Board does not approve funding for this part of the Consolidation Project, the Owner will be required to pay for the City’s installation of the backflow prevention device at the Owner’s expense. If the Water Board approves funding, the City, after installation of the backflow prevention device, will transfer ownership of the backflow prevention device to the Owner. The Owner will be responsible for the operation, maintenance, repair, and replacement of the backflow prevention device. In accordance with the City’s Municipal Code, the Owner shall test the approved backflow prevention device at the time of installation and, at a minimum, annually thereafter to ensure proper operation.

General Provisions

Riverview MHP, LP
Andrew Carey
8801 Folsom Blvd., #295
Sacramento, CA 95826
CITY:

Jolan Longway
[email protected]
City of Pittsburg Public Works Department – Engineering Division 65 Civic Avenue
Pittsburg, CA 94565

Jolan Longway
City of Pittsburg Public Works Department – Engineering Division 65 Civic Avenue
Pittsburg, CA 94565

22. Integration. This Agreement states the entire agreement between the Parties and supersedes all prior negotiations and agreements related to the Consolidation Project.

24. Assignment and Delegation. No Party may assign or transfer its respective rights or obligations under this Agreement without the express written consent of the other Party.

25. Severability. If any provision of this Agreement is illegal or unenforceable, that provision is severed from this Agreement and the other provisions remain in force.

26. Waiver. No provision of this Agreement may be waived unless the waiver is in writing and signed by all Parties. If a Party declines to enforce a breach of any provision of this Agreement by the other Party, that non-breaching Party’s inaction will not constitute a 284
10 continuing waiver, and it will not waive any subsequent breach of any provision of this Agreement.

27. Amendments. This Agreement may be amended only by the mutual consent of the Parties in an agreement in writing.

28. Counterparts. This Agreement may be executed in one or more counterparts, each of which is an original, and all of which constitute a single agreement.

30. Headings. The section headings contained in this Agreement are for reference purposes only and shall not affect the meaning or interpretation of this Agreement.

31. Joint Efforts. This Agreement is the result of the Parties’ joint efforts and negotiations.

The Agreement shall be interpreted to reflect that each Party participated equally in the drafting of the Agreement.

32. Authorization. All signatories to this Agreement are authorized to bind the Parties.

To evidence the Parties’ agreement to this Agreement, the Parties have executed and delivered it on the dates set out below. The effective date of this Agreement will be the date that the Agreement is signed by the last Party to agree to it (as indicated by the date associated with that Party’s signature).

RIVERVIEW MHP, LP
Dated: ___________________ Signature: ___________________________ Name: Andrew Carey
Title: _______________________________
285
11 THE CITY OF PITTSBURG
Dated: ___________________ Signature: ___________________________ Name: John Samuelson
Title: Director of Public Works/City Engineer
286

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement between the City of Pittsburg and Anchor QEA, LLC for a Wharf Asset Evaluation
MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
The City of Pittsburg is owner of a former industrial wharf once used for movement of materials in association with an upland power plant. Due to factors including but not limited to the wharf’s historical use and time of construction, the City has performed a Phase I Environmental Assessment and seeks to further evaluate the wharf.

FISCAL IMPACT
This project will have no impact on the City’s general fund as tasks are eligible for use of the City’s US Environmental Protection Agency (US EPA) Brownfield Multipurpose Grant funds.

RECOMMENDATION
Staff recommends that the City Council adopt the Resolution authorizing the City Manager to execute the Amendment to the Agreement with Anchor QEA for a Wharf Asset Evaluation.

BACKGROUND
PG&E constructed a 1,100-foot long timber, concrete, and steel wharf for piping materials from vessels to land to support its associated Pittsburg power plant in the 1950’s. Through a series of transactions over the next 70 years, the power plant property and wharf infrastructure were sold to various operators with its latest being NRG Energy. In 2011, California Senate Bill 551 enacted a grant of sovereign tidelands and submerged lands (“Tidelands”) within City boundaries to the City. This grant included APN 085-010-012, the land on which the wharf was built. With the passage of SB 551, by operation of law, the City became lessor in place of the State of California for all existing leases of Tidelands, and entered into a Tidelands Lease for use of the wharf by NRG Energy. 287
In 2021, developer Integral Communities purchased the nearly 1,000 acres of power plant property adjacent to the wharf. The City terminated its lease with NRG Energy on June 30, 2021, and the wharf became property of the City pursuant to a provision in the lease. As new owner of the unique infrastructure, the City conducted a Condition Assessment Report (Report) of the wharf. In addition to detailed conditions, this Report approximated costs of demolition and replacement as well as repair of the wharf at $21,300,000 and $8,700,000 respectively. Given these costs, the City entered into contracts for a Feasibility Study and Wharf Asset Evaluation to identify relative processes and costs for implementing the highest and best use the wharf.

The $186,000 Wharf Asset Evaluation contract, funded by a US EPA Multipurpose Grant, included two tasks: Phase I and II Environmental Assessments and an Asset Options Analysis. The Phase I Environmental Assessment was completed in December 2022 and the US EPA approved a Sampling and Analysis Plan for the Phase II Assessment in June 2023, preparing the wharf for Phase II work. The City then paused this effort to reserve grant funds for a potential remediation project of City-owned parcels at East 3rd Street and Harbor Street. The contract for the Wharf Asset Evaluation expired on June 30, 2023 with $136,000 in unspent funds and tasks remaining.

SUBCOMMITTEE FINDINGS
This item was not presented at a Subcommittee.

STAFF ANALYSIS
In April 2023, the City received a California Department of Toxic Substances Control Equitable Communities Revitalization Grant to conduct remediation at City-owned parcels on East 3rd Street and Harbor Street. This made the US EPA Multipurpose grant funds previously planned for the remaining tasks of the Wharf Asset Evaluation available. In May 2024, the City requested an updated proposal for the unfinished tasks under the Wharf Asset Evaluation Agreement. Given the protocols required by the EPA in the Sampling and Analysis Plan and passing of two years since the original proposal, remaining contract costs for the same tasks total $172,852.

The Pittsburg Waterfront is evolving. In the last decade, two large industrial property owners sold over 1,000 acres to lighter commercial users or residential developers, prominent enterprises like Corteva Agriscience and US Steel have undergone major structural transitions, and green tech has expanded on the waterfront with much more potential. On the western half of Pittsburg’s waterfront, the City Council approved its first commercial Tidelands Lease for a hotel near the marina in 2022, retail entities like bait shops, fish markets, and cafes are thriving, old parks and recreation amenities are receiving grant- funded upgrades, and the City continues to pursue expansion of its waterfront-focused brownfield programs. All of these changes affect the disposition of the wharf, but none more than the Bay Walk Project proposing 2,000 residential unit mixed-use development on upland property adjacent to it.
288
The City's Environmental Services Division is responsible for fostering projects that promote public benefit and redevelopment of underutilized properties. With the influx of residents associated with the Bay Walk Project, productive use of the wharf that can provide immense public benefit and revitalization of underutilized infrastructure can become a reality. The environmental investigation proposed will develop details needed to inform future community and City Council decisions through exploration of physical needs and environmental parameters that will shape implementation hurdles of potential industrial, commercial, and recreational uses.

Staff sought three quotes for the Wharf Asset Evaluation and received one response from Anchor QEA. Anchor QEA has extensive internal knowledge and experience on the Sacramento San-Joaquin River Delta, and in addition to the wharf feasibility study and Phase I Environmental Assessment, the City has worked with Anchor QEA for several years on dredge projects, various marine permitting items, and conditions assessments. Anchor QEA also routinely works with the EPA and a suite of environmentally focused agencies, has extensive brownfield experience, and has an abundant network of Minority and Women Business Enterprise subcontractors and partners.

ATTACHMENTS: Resolution
First Amendment to the Consulting Services Agreement
Report Prepared By: Sara Bellafronte, Assistant to the City Manager 289

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter Of:

Authorizing the Execution of a First )
Amendment to the Consulting )
Services Agreement between the City ) RESOLUTION NO. 24- Of Pittsburg and Anchor QEA, LLC for )
A Wharf Asset Evaluation )
WHEREAS, PG&E constructed a 1,100-foot long timber, concrete, and steel wharf to support its associated Pittsburg power plant in the 1950’s, and through a series of transactions over the next 70 years, the power plant property and wharf infrastructure were sold to various operators with its latest being NRG Energy; and WHEREAS, in 2011, California Senate Bill 551 enacted a grant of sovereign tidelands and submerged lands (“Tidelands”) within City boundaries to the City. This grant included APN 085-010-012, the land on which the wharf was built; and WHEREAS, with the passage of SB 551, by operation of law, the City became lessor in place of the State of California for all existing leases of Tidelands, and entered into a Tidelands Lease for use of the wharf by NRG Energy; and WHEREAS, the City terminated its lease with NRG Energy on June 30, 2021, and the wharf became property of the City pursuant to a provision in the lease; and WHEREAS, as new owner of the unique infrastructure and its associated costs, the City entered into a contract in 2022 for an Asset Evaluation, including Phase I and II Environmental Assessments and an Asset Options Analysis, to identify relative processes and costs for implementing the highest and best use the wharf; and
WHEREAS, the City conducted Phase I Environmental Assessment and obtained a US EPA-approved Sampling and Analysis Plan at the wharf, then paused the Asset Evaluation due to funding; and
WHEREAS, grant funding for the Asset Evaluation has been restored for remaining Asset Evaluation tasks.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a first amendment to the Consulting Services Agreement with Anchor QEA, LLC for a Wharf Asset Evaluation.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk 290

FIRST AMENDMENT TO

CONSULTING SERVICES AGREEMENT BETWEEN

CITY OF PITTSBURG AND

ANCHOR QEA, LLC

THIS First Amendment (First Amendment) to the Principal Agreement made and entered into on September 1, 2022 (Effective Date), hereafter referred to as Agreement, between Anchor QEA, LLC, a Washington limited liability company, 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 5 th day of August 2024 (First Amendment Date) .

Consultant and City are collectively referred to as the Parties.

WHEREAS, the Parties entered into an Agreement for an Asset Evaluation of the City’s industrial wharf on September 1, 2022 and completed a Phase I Environmental Assessment and US EPA-approved Sampling and Analysis Plan; and

WHEREAS, the City paused work under the Agreement due to funding priorities; and

WHEREAS, funding for the Wharf Asset Evaluation has been restored; and

WHEREAS, the Parties propose to amend the term and compensation amount accordingly to carry out the remaining Wharf Asset Evaluation tasks.

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

1. Term of Services. Section 1.1 of the Agreement is hereby amended to read as follows:

The term of this Agreement shall begin on the Effective Date and shall end on October 1, 2025 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 2 of the Agreement is hereby amended to read as follows:

City hereby agrees to pay Consultant a sum not to exceed Two Hundred Twenty-Two Thousand Eight Hundred Fifty-Two Dollars ($222,852), 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.

3. Exhibit B Compensation Schedule. Exhibit B is hereby amended to add Attachment 1 of this First Amendment.

4. Integration. This First Amendment contains the entire agreement between the DocuSign Envelope ID: 5D8869FA-8D13-4298-97B8-10C20DF9E04F 291
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.

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

6. 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.

7. 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.

8. 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 First Amendment Date.

CONSULTANT:

Anchor QEA, LLC, a Washington limited
liability company

By:

Josh Burnam, MPH, D.Env.

Principal/Federal Market Sector Lead

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

DocuSign Envelope ID: 5D8869FA-8D13-4298-97B8-10C20DF9E04F 292
ATTACHMENT 1

EXHIBIT B

COMPENSATION SCHEDULE

DocuSign Envelope ID: 5D8869FA-8D13-4298-97B8-10C20DF9E04F 293

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 Corrective Action Plan and Specifications and Awarding Project 2987 - East Third Street Remediation
MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
Project 2987 - East 3rd Street Remediation (the “Project”) involves excavating impacted soil, transporting the contaminated material to an off-site facility, and back filling the area with clean fill. If adopted, this resolution will accept the Project Corrective Action Plan (CAP), specifications, and award a construction contract to Innovative Construction Solutions.

FISCAL IMPACT
The proposal from Innovative Construction Solutions is $329,739 for construction of the Project. Funding will be provided by a California Department of Toxic Substances Control (DTSC) Equitable Communities Revitalization Grant (ECRG).

RECOMMENDATION
City Council adopt the attached resolution to accept the Corrective Action Plan (CAP) and specifications, and authorize the City Manager to execute a construction contract for the Project with Innovative Construction Solutions for a total amount not to exceed $329,739 Staff recommends that the City Council allocate a construction contingency of $65,948 for any unanticipated costs and contract change orders.

Staff further recommends that the City Engineer be authorized to approve contract change orders in an amount not to exceed 50% of the construction contingency, and the City Manager be authorized to approve change orders in an amount not to exceed the approved project budget.
294

BACKGROUND
The former Redevelopment Agency of the City of Pittsburg (Agency), now known as the “Successor Agency”, previously owned properties with Assessor Parcel Numbers 073-010- 002, 073-010-003, 073-010-004, and 073-010-005 (collectively, the “Properties”). In compliance with the Dissolution Law, the Successor Agency transferred the Properties to the City in 2016 for public purposes.

With US EPA Brownfields grant funds, the City has conducted Phase I and II environmental site assessments of the Properties. Staff has executed an Oversight Agreement with the San Francisco Bay Regional Water Board (Water Board) for document review, supplemental site investigation, remedy selection, remedial design and implementation, Risk Management Plan, and development of an “as-needed” land use covenant.

In April 2022, staff applied for the DTSC’s ECRG funds for environmental cleanup of the Properties, receiving notice of award in April 2023. With the grant, staff commissioned a Corrective Action Plan and Groundwater Monitoring Plan which were approved by the Water Board on November 8, 2023, and April 24, 2024, respectively.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
California's 2021/22 budget authorized DTSC to implement new programs to investigate and clean up contaminated properties in communities overburdened by pollution and provides funding over three years to implement them. These programs, including the ECRG, prioritize protecting public health and facilitating the revitalization of overburdened communities.

Due to historical uses of the site and adjoining properties including aboveground storage tanks linked with Texaco Oil Company and illegally dumped stock piles, the City commissioned Phase I and Phase II environmental site assessments (ESAs) to quantify the presence of hazardous substances.

Results of these ESA’s are reported relative to Environmental Screening Levels (ESLs) established by the Water Board. ESLs are conservative threshold concentrations of chemicals in soil, groundwater, and soil gas that indicate potential harm to human health, water quality, and the environment.

The Phase II ESA collected 8 stockpile samples, 28 soil boring samples, and 6 groundwater samples and found the following results:
 Stockpiles: Except for several detections of total nickel in two stockpiles, analyses detected no chemicals exceeding respective ESLs established by the Water Board for residential, commercial, or construction worker land uses.  Soil Boring: Volatile Organic Compound (VOC) naphthalene was detected in one boring and Total Petroleum Hydrocarbons – gasoline (TPHg) was detected in two borings, exceeding residential ESL’s. Lead concentrations also exceeded the residential ESL in 3 samples. TPHg, TPH-diesel (TPHd), and TPH-motor oil were detected in other borings at levels below all ESLs.
295
 Groundwater: TPHg, TPHd, benzene, ethylbenzene, and naphthalene concentrations exceeded ESL’s in samplings conducted closest to the former aboveground storage tanks. Additionally, Halogenated VOCs were detected and appear to be from an unknown, offsite source.

The Environmental Services Division aims to eliminate negative impacts on human health and the environment at and around the site. The Properties have been queued for the US EPA and ECRG cleanup opportunities. The results of Phase I and II environmental assessments project a positive impact from remedial work to the parcels and surrounding areas. The Water Board oversight of this project, required by the DTSC, is an eligible expense under the ECRG grant.

On June 6,2024, staff advertised the Project for construction bids.

Staff received six bid proposals for Project construction. Innovative Construction Solutions was the lowest responsive, responsible, bidder with a base bid in the amount of $329,739.

The low bid has been checked for arithmetical errors, completeness, and conformance with the bid requirements.

ATTACHMENTS: Resolution
Project Budget Summary
Report Prepared By: Alex Ruiz, Assistant Engineer
296
Project Budget Summary
East Third Street Remediation
Project No. 2987
Project Funding: Transfer-In
$525,326
Funding Total $525,326
Project Expenditures:

Environmental
Consultant
(Code 2199) $19,230
Subtotal $19,230
RWQCB Oversight $63,253
(Code 2199) Subtotal $63,253
Staff Time
(Code 1101) Staff Time $20,000
Subtotal $20,000
Admin Overhead
(Code 2372) Admin Overhead $20,000
Subtotal $20,000
Construction
(Code 2199) Construction $329,739
Construction Contigency(20%) $65,948
Subtotal $395,687
Estimated Total Expenditures $518,170
Consultant Investigation, Report and Construction Services Department of Toxic Substance Control (DTSC) Equiable
Communities Revitalization Grant (ECRG)
297
Resolution No. 24- Page 1 of 2 July 15, 2024

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

Accepting the Corrective Action )
Plan (CAP) and Specifications ) RESOLUTION NO. 24-
And Awarding Project 2987 – )
East Third Street Remediation )
WHEREAS, Project 2987- East Third Street Remediation (the “Project”) involves excavating impacted soil, transporting the contaminated material to an off-site facility, and backfilling the area with clean fill to provide building blocks for revitalization of the area; and
WHEREAS, the former Redevelopment Agency of the City of Pittsburg, now known as the “Successor Agency”, previously owned properties with Assessor Parcel Numbers 073-010-002, 073-010-003, 073-010-004, and 073-010-005 (collectively, the “Properties”).

In compliance with the Dissolution Law, the Successor Agency transferred the Properties to the City in 2016 for public purposes; and
WHEREAS, with US EPA Brownfields grant funds, the City has conducted Phase I and II environmental site assessments of the Properties. Staff has executed an Oversight Agreement with the San Francisco Bay Regional Water Board (Water Board) for document review, supplemental site investigation, remedy selection, remedial design and implementation, Risk Management Plan, and development of an “as-needed” land use covenant; and
WHEREAS, in April 2022, staff applied for the California Department of Toxic Substances Control Equitable Communities Revitalization Grant (DTSC ECRG) funds for environmental cleanup of the Properties, receiving notice of award in April 2023. With the grant, staff commissioned a Corrective Action Plan and Groundwater Monitoring Plan which were approved by the Water Board on November 8, 2023, and April 24, 2024, respectively; and
WHEREAS, funding will be provided by the DTSC ECRG; and WHEREAS, on June 6, 2024, staff advertised the Project for construction bids; and WHEREAS, on June 27, 2024, six bids were received and Innovative Construction Solutions was the lowest responsive, responsible, bidder with a base bid in the amount of $329,739.00; and
WHEREAS, staff recommends the City Council accept the Corrective Action Plan and specifications; and
WHEREAS, staff recommends the City Council award a contract to Innovative Construction Solutions in an amount not to exceed $329,739 for construction of the Project; and
298
Resolution No. 24- Page 2 of 2 July 15, 2024 WHEREAS, staff further recommends establishing a construction contingency in the amount of $65,948 for unanticipated costs and contract change orders; and WHEREAS, staff recommends that the City Engineer or his designee be authorized to approve contract change orders for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for a total amount not to exceed the approved project budget.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the Corrective Action Plan, specifications, and awards a $329,739 contract to Innovative Construction Solutions, authorizes a construction contingency in the amount of $65,948, authorizes the City Engineer or his designee to approve contract change orders for a total amount not to exceed 50% of the contingency, and authorizes the City Manager to approve change orders for an amount not to exceed the approved project budget.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
299

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract for Highlands Park Playground Installation MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
The playground structures at Highlands Park have reached the end of their useful life and need replacement. If approved, this resolution will authorize execution of a contract with Playcore Wisconsin, Inc. d/b/a GameTime (GameTime) for an amount not to exceed $170,000, for installation of new playground equipment.

FISCAL IMPACT
There are sufficient funds in the Landscape Maintenance Master Plan (Project 1756) Project budget. No new funds are requested.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a contract with GameTime for an amount not to exceed $170,000, for purchasing and installing new playground equipment.

BACKGROUND
The City owns and maintains more than 27 parks, including 21 equipped with playground equipment or tot lots. One of these parks is Highlands Park, which currently has playground equipment that is well beyond its projected life and requires replacement. Highlands Park was identified within the Landscape Maintenance Master Plan – Planned Project Table, Item 3 included in Park Playground updates.
300
Staff solicited cost proposals from GameTime for the playground replacement. GameTime is a vendor contracted with OMNIA Partners (OMNIA). OMNIA is a public agency service cooperative that provides opportunities for members to purchase equipment through nationally leveraged, competitively bid contracts through national solicitations. OMNIA contracts bring considerable value and efficiencies to members through nationally leveraged contracted suppliers and access to the highest quality products and brand. Each solicitation and RFP contain language which includes all qualified customers in all fifty states. The City of Pittsburg is a member of OMNIA and has successfully used several different OMNIA contracts in the past.

SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.

STAFF ANALYSIS
The Project includes purchasing playground equipment geared for children ages 2-12, installation of the equipment, and installation of Engineered Wood Fiber (EWF). Removal and disposal of the existing equipment will be performed by City staff.

If approved, the agreement would authorize the City to make a “piggyback” purchase from GameTime for the price previously negotiated with OMNIA for this equipment and installation in an amount not to exceed $170,000. The new playground equipment is scheduled to be installed in the Fall of 2024.

ATTACHMENTS: Resolution
Agreement – GameTime and Pittsburg
Playground Concept Pictures
Report Prepared By: Natasha Farmer, Administrative Analyst lI 301

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

Authorizing Execution of a )
Contract for Highlands Park ) RESOLUTION NO. 24-
Playground Replacement )
WHEREAS, the City owns and maintains more than 27 parks, including 21 equipped with playground equipment or tot lots; and
WHEREAS, the playground structures at Highlands Park have reached the end of their useful life and require replacement; and
WHEREAS, OMNIA Partners, has undertaken competitive bidding equivalent to or better than the requirements in City’s Purchasing Policy and has entered into contracts with various vendors including Playcore Wisconsin, Inc. d/b/a GameTime (GameTime); and,
WHEREAS, the City seeks to “piggyback” on the City of Charlotte’s OMNIA Partner’s contract for playground and outdoor fitness equipment, site accessories, surfacing, and related products and services, specifically Contract No. 2017001134; and WHEREAS, GameTime represents and warrants that it is bound by all terms and conditions of the Contract No. 2017001134; and,
WHEREAS, sufficient funds are available in the Landscape Maintenance Master Plan Project (Project 1756).

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a contract for Highlands Park Playground Replacement with GameTime for an amount not to exceed $170,000.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_______________________________
Juan Antonio Banales, Mayor
ATTEST:
_______________________________
Alice E. Evenson, City Clerk
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Page 1 of 3 ends

AGREEMENT BETWEEN

THE CITY OF PITTSBURG AND
PLAYCORE WISCONSIN, INC. D/B/A GAMETIME
PURSUANT TO CITY OF CHARLOTTE CONTRACT NO. 2017001134

THIS Agreement (“Agreement”) is made by and between the City of Pittsburg, a municipal corporation (“City”) and Playcore Wisconsin, Inc. d/b/a GameTime, a Wisconsin corporation (GameTime) (together referred to as the “Parties”) as of July 15, 2024 (the “Effective Date”).

WHEREAS, City of Charlotte, NC has undertaken competitive bidding process equivalent to or better than the requirements in City’s Purchasing Policy and has awarded a contract to Playcore Wisconsin, Inc. d/b/a GameTime; and

WHEREAS, City seeks to “piggyback” on the City of Charlotte’s OMNIA Partner’s contract for playground and outdoor fitness equipment, site accessories, surfacing, and related products and services, specifically Contract No. 2017001134; and

WHEREAS, GameTime represents and warrants that it is bound by all terms and conditions of the Contract No. 2017001134; and

WHEREAS, City seeks to add or clarify certain terms of the Contract for purposes of applicability to City.

NOW, THEREFORE, City and GameTime agree as follows:

1. Contract Price. As full and complete compensation for Contractor’s timely performance and completion of the Work in strict accordance with the terms and conditions of the Contract, City will pay Contractor an amount not to exceed $170,000 (the “Contract Price”) for all of Contractor’s direct and indirect costs to perform the Work, including all labor, materials, supplies, equipment, taxes, insurance, bonds and all overhead costs, in accordance with the payment provisions contained herein.

2. Scope of Work. Furnish and install GameTime custom 2-12 Play Structure with integrated shade, swings, and associated components per Quote #112437-01-11.

Supply and install 3,140 square feet of engineered wood fiber up to 12” and temporary fencing. Site preparation to be completed by City of Pittsburg staff.

3. Governing Law and Venue. The laws of the State of California shall govern this Agreement and Contract No. 2017001134 (“Contract”). In the event that either party brings any action against the other under this Agreement or the Contract, the parties agree that trial of such action shall be vested exclusively in the state courts of California in Contra Costa County or in the United States District Court for the Northern District of California.

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4. Workers’ Compensation. GameTime shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by GameTime in the amount required by applicable law.

5. Compliance with Applicable Laws. GameTime and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. GameTime shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

Contractor and its subcontractors must maintain certified payroll records in compliance with Labor Code sections 1776 and 1812, and all implementing regulations promulgated by the Department of Industrial Relations (“DIR”). For each payroll record, Contractor and its subcontractors must certify under penalty of perjury that the information in the record is true and correct, and that it has complied with the requirements of Labor Code sections 1771, 1811, and 1815. Unless the Contract Price is under $25,000, Contractor must electronically submit certified payroll records to the Labor Commissioner as required under California law and regulations.

This Project is subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code section 1725.5, and, subject to the exception set forth below, Contractor and any subcontractors must be registered with the DIR to perform public works projects. The registration requirements of Labor Code section 1725.5 do not apply if the Contract Price is for under $25,000.

Contractor shall comply with California Public Records Act.

6. Order of Precedence. In the event of any inconsistency between this Agreement and the Contract, the terms of this Agreement shall govern.

7. Representations. GameTime represents and warrants that it is bound by all terms in Contract to the City to the same extent as to the City of Charlotte, NC except as set forth in this Agreement.

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

CITY OF PITTSBURG PLAYCORE WISONSIN, INC. DBA

GAMETIME

_____________________________ ____________________________ Garrett Evans, City Manager Clint Whiteside, Director of Sales Administration

Approved as to Form:

_____________________________
Donna Mooney, City Attorney
305
306
307

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 Approve a Facade Improvement Grant with Veritel Homes LLC for 485 Railroad Avenue MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
485 Railroad Avenue, also known colloquially as the Woulf and Ury Building, was built in 1926 and has been home to many medical, professional, and retail businesses throughout its history. The current property owner has owned the building since 2003. The property owner has a significant interest in conducting improvements to the building that continues to enhance the quality of this building and has presented these ideas to City staff.

Improvements include a facade enhancement and the installation of solar panels on the roof. Staff brings forth a proposal to fund a portion of the facade improvement project at a total of $85,000 in Business Improvement District funds. The project meets the economic goals and objectives of the City, enhancing the value of a building that has long been a staple within the Old Town community.

FISCAL IMPACT
The proposed facade improvement grant would be paid out of the Business Improvement District (BID) fund, the same fund that is funding grants for the City's current facade improvement program. The total grant would be $85,000 and would be a reimbursement grant conditioned upon the completion of the proposed scope of work for this project. The BID fund has a sufficient fund balance to provide the proposed grant amount, which sits at $431,298 as of June 1, 2024.

RECOMMENDATION
By resolution, approve the awarding of $85,000 in the form of a reimbursable grant to Veritel Homes LLC for the facade improvement of 485 Railroad Avenue. 308

BACKGROUND
The Woulf and Ury building, since its construction in 1926, has long been a staple in the Old Town community. It is designed in the Art Deco architecture that was the common, popular design for buildings during the interwar period of the early 20th century. Art Deco is now considered a past form of architecture, giving the Woulf and Ury building a character that is both unique and valuable to the aesthetic character of Old Town Pittsburg. It also boasts a well-placed strategic location on the corner of East 5th Street and Railroad, bridging the gap between the southern, retail-oriented portions of Old Town, John Buckley Square, and the northern entertainment district of Old Town and the Marina. The building has hosted several different anchor tenants over its history. That includes the Woulf and Ury Jewelers, where the building gets its common colloquial name.

Since 2016, the ownership of this building has been under Veritel Homes LLC, but the building has been owned by the same owning entity since 2003. Today, the building is now home to the Pittsburg Arts and Community Foundation, which has subleased the anchor space to the Railroad Book Depot.

SUBCOMMITTEE FINDINGS
This item was not presented to any subcommittee.

STAFF ANALYSIS
The current owner has sought to invest in the community through three projects that seek to both update and upgrade the building's Art Deco facade and add alternative energy assets that will make the building and surrounding area more sustainable and supportive of cleaner energy. The first of these projects is the facade improvement. This project involves an extensive list of items that total in over $120,000 in project costs meant to refresh the street- facing exterior of the building. Work includes removing abandoned features, repainting the entire building, wainscoting the sides with solid surface granite or marble, replacing all storefront windows with dual pane energy efficient windows, feature wall lighting, fixed awnings, and much more. The following table provides a summary of the work proposed for this facade enhancement.

General Repairs all 3 Elevations
 Remove abandoned features and repair stucco (alarm boxes, conduit, etc.)  Prepare and repaint the entire building body/trim with elastomeric paint. Caulk all cracks and joints
 Wainscotting 3 sides to 36" with solid surface granite/marble  Install Historic 25" flagpole with light
 Brass placard monument and memorial
Elevation 1: 453 Railroad Avenue
 Stucco Removal and Repair (clerestory windows and soffit)  Install 4 X clerestory windows
 Non-bearing pony wall construction
 2-Part Epoxy faux marble floor restoration
 Remove and replace storefront windows to low-E dual pane energy efficient assembly (31 linear feet)
309
Elevation 2: 485 Railroad Avenue
 Erect flat wall surface and detail above existing awning  Remove and replace aluminum fascia on existing awning  Feature wall @ corner of 453 and 485; Living wall with plants and irrigation  Feature wall lighting
 2-Part Epoxy faux marble floor restoration
 Remove cantilever showcase display window section
 Remove and replace storefront windows to low-E dual pane energy efficient assembly (42 linear feet)
 Second Story up-light installed on awning level
Elevation 3: 105 E. 5th. St.
 Commercial double door: outward opening self-latching ADA assembly (60" X 80")  Aluminum fixed awnings on each 6X window
 Install 2 X wall sconce lights
 Remove and replace storefront windows to low-E dual pane energy efficient assembly (6 X 4o6o)
Table 1: Scope of Work for Facade Improvement
The other two projects that the owner proposes for this project include the installation of solar panels on the roof of the building and the installation of EV chargers adjacent to the building. All together, the proposed projects would be a total investment of over $336,000 into the building and adjacent areas.

The proposed facade improvement grant fits within the parameters of the existing Facade Improvement Grant Program but is on a larger scale given the scope of work, the location, and antiquity of the Woulf and Ury building. The proposed work meets the goals and objectives of the City's Economic Development Plan, adopted in 2022. Specifically, this project fits within the parameters of goals two and four of the plan. A grant of this scale reflects a significant public-private investment where the City continues to make investments into preserving and enhancing the qualities of Old Town and one of its staple buildings.

ATTACHMENTS: Resolution
Attachment A: Façade Improvement Grant Program Agreement – 485 Railroad Avenue
Report Prepared By: Robert Carrera, Economic Development Manager 310

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

Awarding of Façade Improvement Grant to )
Veritel Homes LLC for the Improvement of ) RESOLUTION NO. 24- 485 Railroad Avenue (APN: 085-109-008) )
WHEREAS, 485 Railroad Avenue, also known as the Woulf and Ury Building, has long been a focal point in the Old Town community since its construction in 1926; and WHEREAS, the current owner, Veritel Homes LLC, proposes projects at the location that will enhance the quality and sustainability of the building for years to come; and
WHEREAS, one of those projects includes façade improvements that total over $130,000 in enhancements to the building; and
WHEREAS, the City of Pittsburg has an existing interest and framework in funding façade improvements through its current Façade Improvement Grant Program and seeks to invest in larger-scale improvements on a case-by-case basis.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby awards Veritel Homes LLC a façade improvement grant for a total of $85,000 to conduct the proposed improvements stated in the staff report dated July 15 th, 2024 and the accompanying reimbursement grant agreement.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
________________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
311

Page 1 of 5 ends

CITY OF PITTSBURG

REIMBURSEMENT GRANT AGREEMENT

THIS AGREEMENT (“Agreement”) is entered into on July 15, 2024 between the City of Pittsburg, a California municipal corporation (the “City”), and Veritel Homes LLC , a California limited liability company – out of state (the “Business”), hereinafter referred to together as the “Parties.”

NOW THEREFORE, for good and valuable consideration, the parties agree to the following:

1. Overview

(a) Purpose: The City has established the Façade Improvement Grant Program (the “Program”) to provide financial assistance to City-based small businesses to make improvements to the exterior façade of their businesses and buildings. The City also considers larger scale projects under this program if the business or property owner wishes to conduct such significant improvements to their storefronts which the City believes provides increased community benefits.

(b) Program Funding: The Pittsburg City Council has appropriated Business Improvement District (“BID”) funds to be allocated towards the Façade Improvement grants and associated permitting and entitlement costs towards the program.

(c) Grant Amount: Pursuant to this Agreement, the City will provide business a total grant amount of $85,000 ( eighty-five thousand dollars)(“Grant”). Grant shall be distributed pursuant to section 1(e) of this agreement.

(d) Grant Use: The Grant must be used for work indicated under the S cope of Improvements located in Exhibit A of this agreement. No other use of funds is allowed by the Business.

(e) Grant Reimbursement: The City will disburse Grant funds directly to the Business as a reimbursement for expenses under section 1(d) of this agreement on within thirty (30) business days upon receipt and approval of a reimbursement request that includes the following documentation; 1) invoice(s) for work conducted under section 1(d) of the agreement, and 2) proof of payment towards invoice(s). Business may submit as many reimbursement requests as necessary until the Grant is fully drawn down.

(f) Self-Certification: By signing this Agreement, the Business certifies that the information submitted in the Grant Application is true and correct, and that the Business will use the Grant for the purposes attested in the Business Application, or for other allowable uses specified in Section 1(d). The City shall reserve the right to require additional documentation necessary to verify the Business meets any eligibility requirement(s).

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(g) Grant Term: This Agreement will take effect on the Execution Date and terminate one year after the execution date (“Grant Term”). In the case of this grant agreement, Sections 2(i) shall survive termination.

(h) Communication: The City of Pittsburg Economic Development Manager will serve as the primary point of contact for the Business during the Grant Term.

(i) Repayment of Grant Funds: If the Business does not use the Grant as required by Section 1(d) or it is determined that any information provided to the City was fraudulent, incorrect, or incomplete, then the Business must repay the full amount of the Grant to the City within 30 days of written notice.

2. General Provisions

(a) Entire Agreement; Amendments: This Agreement constitutes the entire agreement among the Parties as to the Grant and may not be amended or modified, except in writing signed by each of the Parties. The Business may not assign or transfer its rights and interests in this Agreement to any other person, business or entity.

(b) No Third-Party Beneficiaries: This Agreement is not intended to create any rights or benefits for a person or entity who is not a party, whether as a third- party beneficiary or otherwise.

(c) Choice of Law : This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

(d) Enforceability; Interpretation: In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, City and Business shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

(e) Disbursements: The City shall have no responsibility to disburse any funds beyond the amount that the City has received and allocated from BID funds. In the event of any dispute under this Agreement, Business’s sole recourse and damages against the City shall be limited to the amount of the Grant as set forth herein.

(f) Non-Liability: No member of the City and no other officer, employee or agent 313

Page 3 of 5 ends

of the City shall be personally liable to Business or otherwise in the event of any default or breach of the City, or for any amount which may become due to Business or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

(g) Force Majeure: No Party will be held responsible for failing perform its responsibilities under this Agreement if the failure results from any act of nature or other cause that is beyond the reasonable control of the Party and that makes performance impossible or illegal.

(h) Confidentiality: Unless otherwise required by applicable law or regulation , including but not limited to the California Public Records Act , the City shall use best efforts to keep all financial information submitted by the Business as confidential and will not make such information available publicly. Business acknowledges and agrees that the City: (a) shall disclose to the public a list of all businesses that received Grants and the individual Grant amounts ; and (b) shall share with staff and City Council the Business’s reported information concerning the operational status of the Business and aggregate data on jobs, tax and revenue data of all businesses that received Grants.

Business shall identify any such records of financial information by clearly labeling each document as confidential, in whole or in part, to notify City that confidentiality may apply.

(i) Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall be one and the same instrument.

(j) Non-Discrimination: The Business will not discriminate against any individual with regard to employment or participation or in any other manner for reasons of race, color, religion, gender or gender identification, sexual identity, pregnancy, childbirth or related medical conditions, national origin, age, marital status, disability or any other characteristic that is protected by local, state or federal law.

(k) NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the City’s address as shown below, or such other places as City or Business may, from time to time, respectively, designate in a written notice given to the other.

Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To City: City of Pittsburg
ATTN: Robert Carrera
, Economic Development Manager
65 Civic Avenue
Pittsburg, CA 94565

To Business: Veritel Homes, LLC
ATTN: Anthony Keslinke, CEO
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87 Panoramic Way
Walnut Creek, CA 94595

(l) Indemnification: Business agrees to defend, indemnify , and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising under the terms of this Agreement.

This indemnification obligation on Business’s part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of City.

(m) Cessation of Funding: The City’s obligation to make payments to Business hereunder is contingent on the availability of allocated BID funds to the City. In the event the funding for this Agreement ceases, the City shall have no obligation to Business and this Agreement is terminated.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written
above.

VERITEL HOMES LLC:

______________________

Name:

Title:

CITY OF PITTSBURG:

______________________

Garrett Evans
City Manager

APPROVED AS TO FORM:

______________________

Donna Mooney
City Attorney

315

Page 5 of 5 ends

EXHIBIT A

SCOPE OF IMPROVEMENTS

The City will provide grant funds to the Business to conduct the proposed improvements to the Business’ building, addressed as 453 Railroad Avenue, 485 Railroad Avenue, and 105 East 5th Street (APN: 085-109-008). The funds can be utilized for the following improvements to the subject property.

General Repairs all 3 Elevations
• Remove abandoned features and repair stucco (alarm boxes, conduit, etc.) • Prepare and repaint the entire building body/trim with elastomeric paint. Caulk all cracks and joints
• Wainscotting 3 sides to 36" with solid surface granite/marble • Install Historic 25" flagpole with light
• Brass placard monument and memorial

Elevation 1: 453 Railroad Avenue
• Stucco Removal and Repair (clerestory windows and soffit) • Install 4 X clerestory windows
• Non-bearing pony wall construction
• 2-Part Epoxy faux marble floor restoration
• Remove and replace storefront windows to low -E dual pane energy efficient assembly (31 linear feet)

Elevation 2: 485 Railroad Avenue
• Erect flat wall surface and detail above existing awning • Remove and replace aluminum fascia on existing awning • Feature wall @ corner of 453 and 485; Living wall with plants and irrigation • Feature wall lighting
• 2-Part Epoxy faux marble floor restoration
• Remove cantilever showcase display window section
• Remove and replace storefront windows to low -E dual pane energy efficient assembly (42 linear feet)
• Second Story up-light installed on awning level

Elevation 3: 105 E. 5th. St.
• Commercial double door: outward opening self-latching ADA assembly (60" X 80") • Aluminum fixed awnings on each 6X window
• Install 2 X wall sconce lights
• Remove and replace storefront windows to low -E dual pane energy efficient assembly (6 X 4o6o)

Grant funds cannot be used towards anything else outside of this scope of improvements. 316

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 Amend the Master Pay Schedule as Required by California Public Employees’ Retirement System
MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
To comply with CalPERS’ interpretation of the requirements of California Code of Regulations, Title 2, Section 570.5 by amending the single master pay schedule on the City’s website representing all previously approved actions on the individual classifications of the pay schedule. The single master pay schedule will be submitted to the City Council for approval each time any single MOU, or compensation plan is brought to the City Council for approval.

FISCAL IMPACT
The amendment to the pay schedules as a single master pay schedule has no fiscal impact as adjustments were included in the FY 2024/2025 adopted budget.

RECOMMENDATION
The City Council adopt a resolution to amend the City of Pittsburg’s master pay schedule for employee classifications, so the City is in compliance with the requirements of the California Code of Regulations, Title 2, Section 570.5 and the California Public Employees’ Retirement System (CalPERS) relating to publicly available pay schedules for purposes of determining the amount of “compensation earnable” pursuant to Government Code Sections 20630, 20636, and 20636.1.
317

BACKGROUND
CalPERS, pursuant to their interpretation of California Code of Regulations, Title 2, Section 570.5, recommends all CalPERS employers to maintain their compensation levels in one publicly available document, approved and adopted by the governing body, which must meet all of the following requirements:
• Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws; • Identifies the position title for every employee position; • Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
• Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
• Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
• Indicates an effective date and date of any revisions; • Is retained by the employer and available for public inspection for not less than five years; and
• Does not reference another document in lieu of disclosing the pay rate.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.

STAFF ANALYSIS
The updates to master pay schedule effective July 7, 2024, reflect salary adjustments approved by the City Council on July 18, 2022 and August 1, 2022 for classifications represented by Management/ Professional/Confidential (MPC) and Miscellaneous A Unit represented by the American Federation of State, County, and Municipal Employees (AFSCME) Union, Local 512, International Brotherhood of Electrical Workers Union, Local 1245 (IBEW), Police Officers’ Association (POA), Police Managers’ Group (PMG), Management Group, and Senior Executive Team. Updates to the master pay schedule also include new classifications added to the classification plan: Assistant Director of Public Works, Utilities, Deputy General Manager, Pittsburg Power Company, Police Systems Coordinator, Principal Planner, Senior Permit Technician, and Utility Lead Technician.

The adoption of the resolution will comply with CalPERS’ interpretation of the requirements of Code of Regulations section 570.5 by amending the single master pay schedule already on the City’s website representing all previously approved actions on the individual classifications of the pay schedule.

ATTACHMENTS: Resolution
Report Prepared By: Griselda Clift, Senior Human Resources Analyst 318

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

Amending the Master Pay Schedule as )
Required by California Public Employees’ ) RESOLUTION NO. 24- Retirement System ) WHEREAS, the California Public Employees’ Retirement System (CalPERS) has requested all CalPERS employers list their compensation levels on one document, approved and adopted by the governing body, in accordance with Title 2 California Code of Regulations section 570.5, and meeting all of the following requirements thereof:
 Has been duly approved and adopted by the employer's governing body in accordance with requirements of applicable public meetings laws;
 Identifies the position title for every employee position;  Shows the pay rate for each identified position, which may be stated as a single amount or as multiple amounts within a range;
 Indicates the time base, including, but not limited to, whether the time base is hourly, daily, bi-weekly, monthly, bi-monthly, or annually;
 Is posted at the office of the employer or immediately accessible and available for public review from the employer during normal business hours or posted on the employer's internet website;
 Indicates an effective date and date of any revisions;  Is retained by the employer and available for public inspection for not less than five years; and
 Does not reference another document in lieu of disclosing the pay rate; and WHEREAS, the City now desires to amend the master pay schedule to include cost of living and equity adjustments as identified within previously approved memorandums of understanding and the fiscal year 2024/2025 adopted budget; and WHEREAS, the classifications of Assistant Director of Public Works, Utilities; Deputy General Manager; Pittsburg Power Company; Police System Coordinator; Principal Planner; Senior Permit Technician; and Utility Lead Technician were added.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the amendments to master pay schedule.

PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 15th day of July 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:
_______________________
Juan Antonio Banales, Mayor
ATTEST:
_________________________
Alice E. Evenson, City Clerk
319
City of Pittsburg
Monthly Salary Schedule
7/7/24
CLASSIFICATION CODE EFFECTIVE STEP A STEP B STEP C STEP D STEP E STEP F STEP G Top Step w/Incentives UNIT
Account Clerk 170 07/07/24 4,918 5,164 5,423 5,694 5,978 6,028 MISC A Accountant I 355 07/07/24 6,693 7,027 7,379 7,748 8,135 8,185 MPC Accountant II 500 07/07/24 7,492 7,867 8,260 8,673 9,107 9,157 MPC Accounting Supervisor 747 07/07/24 8,533 8,960 9,408 9,878 10,372 10,422 MPC Accounting Technician 220 07/07/24 5,742 6,030 6,331 6,648 6,980 7,030 MISC A Administrative Analyst I 390 07/07/24 7,311 7,677 8,060 8,463 8,887 8,937 MPC Administrative Analyst II 702 07/07/24 8,464 8,888 9,332 9,799 10,289 10,339 MPC Administrative Assistant 160 07/07/24 4,955 5,203 5,463 5,737 6,023 6,073 MISC A Administrative Coordinator 350 07/07/24 6,500 6,825 7,167 7,525 7,901 7,951 MPC Administrative Officer 868 07/07/24 11,468 12,041 12,643 13,275 13,939 13,989 MPC Administrative Specialist 290 07/07/24 6,139 6,446 6,768 7,107 7,462 7,512 MPC Assistant City Clerk 820 07/07/24 9,001 9,451 9,924 10,420 10,941 10,991 MPC Assistant City Engineer 920a 07/07/24 11,843 12,435 13,056 13,709 14,395 14,445 MPC Assistant City Manager 950 07/07/24 16,998 21,691 21,691 Sr. Exec Team Assistant Director of Finance 887 07/07/24 12,336 14,992 14,992 Mgmt Group Assistant Director of Public Works - Operations 896 07/07/24 12,944 13,591 14,271 14,985 15,734 15,784 MPC Assistant Director, Community & Economic Development 889 07/07/24 13,974 16,754 16,754 Mgmt Group Assistant Director, Public Works - Utilities 889 07/07/24 13,794 16,754 16,754 Mgmt Group Assistant Engineer 510 07/07/24 7,694 8,079 8,483 8,907 9,352 9,870 MPC Assistant Planner 450 07/07/24 7,162 7,520 7,896 8,291 8,706 9,191 MPC Assistant to the City Manager 835 07/07/24 11,849 14,401 14,401 Mgmt Group Associate Engineer 780 07/07/24 8,909 9,354 9,822 10,313 10,829 11,420 MPC Associate Planner 740 07/07/24 8,291 8,706 9,141 9,598 10,078 10,632 MPC Building Inspection Supervisor 810 07/07/24 10,094 10,599 11,129 11,685 12,270 12,320 MPC Chief Building Official 895 07/07/24 12,906 13,552 14,229 14,941 15,688 15,738 MPC Chief of Police 955 07/07/24 18,070 22,844 26,727 Sr. Exec Team City Attorney 943 09/03/23 22,102 22,102 Contract
City Engineer 9352 07/07/24 13,206 16,052 16,052 Mgmt Group City Manager 960 02/04/24 24,983 24,983 Contract
Code Enforcement Officer I 258 07/07/24 5,977 6,276 6,589 6,919 7,265 7,315 MISC A Code Enforcement Officer II 415 07/07/24 6,918 7,264 7,627 8,008 8,409 8,459 MISC A Code Enforcement Supervisor 820 07/07/24 9,001 9,451 9,924 10,420 10,941 10,991 MPC Combination Building Inspector 520 07/07/24 7,517 7,893 8,288 8,702 9,137 9,187 MISC A Community Outreach Coordinator 315 07/07/24 6,341 6,658 6,991 7,340 7,707 7,757 MISC A Community Relations Manager 703 07/07/24 8,973 9,422 9,893 10,388 10,907 10,957 MPC Community Services Specialist 258 07/07/24 5,977 6,276 6,589 6,919 7,265 7,315 MISC A Construction Inspector I 360 07/07/24 6,688 7,023 7,374 7,743 8,130 8,180 MISC A Construction Inspector II 520 07/07/24 7,517 7,893 8,288 8,702 9,137 9,187 MISC A Crime Analyst 700 07/07/24 7,776 8,165 8,573 9,002 9,452 9,502 MPC Customer Service Representative 170 07/07/24 4,918 5,164 5,423 5,694 5,978 6,028 MISC A Deputy Chief Information Systems Officer 887 07/07/24 12,336 14,992 14,992 Mgmt Group Deputy City Clerk 330 07/07/24 6,446 6,768 7,106 7,462 7,835 7,885 MPC Deputy Director, Information Technology Operations 887 07/07/24 12,336 14,992 14,992 Mgmt Group Deputy General Manager, Pittsburg Power Company 887 07/07/24 12,336 14,992 14,992 Mgmt Development Services Coordinator 532 07/07/24 7,676 8,060 8,463 8,886 9,331 9,381 MISC A Development Services Supervisor 881 07/07/24 10,670 11,204 11,764 12,352 12,970 13,020 MPC Director of City Clerk Services 8351 07/07/24 11,849 14,401 14,401 Sr. Exec Team Director of Community & Economic Development 9403 07/07/24 14,741 18,631 18,631 Sr. Exec Team Director of Community Services 9402 07/07/24 14,535 18,371 18,371 Sr. Exec Team 1 320
City of Pittsburg
Monthly Salary Schedule
7/7/24
Director of Finance 9401 07/07/24 14,535 18,371 18,371 Sr. Exec Team Director of Human Resources 9400 07/07/24 14,535 18,371 18,371 Sr. Exec Team Director of Public Works/City Engineer 945 07/07/24 15,754 19,151 19,151 Sr. Exec Team Director of Recreation 9400 07/07/24 14,535 18,371 18,371 Sr. Exec Team Economic Development Manager 867 07/07/24 11,455 12,028 12,629 13,261 13,924 13,974 MPC Electrical Technician 420 07/07/24 6,931 7,278 7,642 8,024 8,425 9,267 Teamsters Electrical Technician Apprentice 200 07/07/24 5,535 5,812 6,103 6,408 6,728 7,199 Teamsters Engineering Technician I 310 07/07/24 6,276 6,589 6,919 7,265 7,628 7,678 MISC A Engineering Technician II 460 07/07/24 7,268 7,631 8,013 8,414 8,834 8,884 MISC A Environmental Affairs Manager 890 07/07/24 12,386 13,006 13,656 14,339 15,056 15,106 MPC Environmental Health & Safety Officer 832 07/07/24 10,367 10,885 11,429 12,001 12,601 12,651 MPC Environmental Health Specialist I 390 07/07/24 7,311 7,677 8,060 8,463 8,887 8,937 MPC Environmental Health Specialist II 702 07/07/24 8,464 8,888 9,332 9,799 10,289 10,339 MPC Equipment Mechanic 270 07/07/24 6,122 6,428 6,750 7,087 7,442 8,186 Teamsters Equipment Shop Supervisor 531 07/07/24 7,928 8,324 8,740 9,177 9,636 9,686 MPC Executive Assistant 400 07/07/24 6,937 8,433 8,433 Mgmt Group Executive Assistant to the Chief of Police 330 07/07/24 6,446 6,768 7,106 7,462 7,835 7,885 MPC Finance Division Manager 855 07/07/24 10,359 10,876 11,420 11,991 12,591 12,641 MPC Financial Analyst 580 07/07/24 8,579 9,008 9,458 9,931 10,428 10,478 MPC Geographical Information Systems (GIS) Administrator 815 07/07/24 9,940 10,437 10,959 11,507 12,082 12,132 MPC Harbormaster 830 07/07/24 9,524 10,000 10,500 11,025 11,576 11,626 MPC Housing Manager 855 07/07/24 10,359 10,876 11,420 11,991 12,591 12,641 MPC Housing Program Analyst I 390 07/07/24 7,311 7,677 8,060 8,463 8,887 8,937 MPC Housing Program Analyst II 702 07/07/24 8,464 8,888 9,332 9,799 10,289 10,339 MPC Housing Specialist 210 07/07/24 5,647 5,930 6,226 6,537 6,864 6,914 MISC A Human Resources Analyst 701 07/07/24 8,408 8,829 9,270 9,734 10,221 10,271 MPC Human Resources Specialist 330 07/07/24 6,446 6,768 7,106 7,462 7,835 7,885 MPC Information Technology Analyst I 420a 07/07/24 6,931 7,278 7,642 8,024 8,425 8,475 MPC Information Technology Analyst II 720 07/07/24 8,112 8,518 8,944 9,391 9,860 9,910 MPC Information Technology Manager 866 07/07/24 11,399 11,969 12,568 13,196 13,856 13,906 MPC Laboratory Supervisor 810 07/07/24 10,094 10,599 11,129 11,685 12,270 13,018 MPC Lead Community Services Specialist 415 07/07/24 6,918 7,264 7,627 8,008 8,409 8,459 MISC A Lead Customer Service Representative 185 07/07/24 5,410 5,681 5,965 6,263 6,576 6,626 MISC A Lead Electrical Technician 705 07/07/24 8,023 8,424 8,846 9,288 9,752 10,727 Teamsters Lead Marina Services Worker 320 07/07/24 6,408 6,728 7,065 7,418 7,789 8,256 Teamsters Lead Police Records Clerk 255 07/07/24 6,023 6,324 6,640 6,972 7,321 7,371 MISC A Lead Public Works Superintendent 885 07/07/24 12,319 12,934 13,581 14,260 14,973 15,023 MPC Maintenance Assistant 095 07/07/24 3,887 4,082 4,286 4,500 4,725 5,009 Teamsters Maintenance Ld Worker 320 07/07/24 6,408 6,728 7,065 7,418 7,789 8,568 Teamsters Maintenance Worker I 140 07/07/24 4,782 5,021 5,272 5,536 5,812 6,219 Teamsters Maintenance Worker II 200 07/07/24 5,535 5,812 6,103 6,408 6,728 7,199 Teamsters Office Assistant 095a 07/07/24 3,887 4,082 4,286 4,500 4,725 4,775 MISC A Paralegal 400 07/07/24 6,937 8,433 8,433 Mgmt Group
Payroll Coordinator 350 07/07/24 6,500 6,825 7,167 7,525 7,901 7,951 MPC Permit Center Supervisor 820 07/07/24 9,001 9,451 9,924 10,420 10,941 10,991 MPC Permit Technician 260 07/07/24 6,057 6,360 6,678 7,012 7,362 7,412 MISC A Pest Control Specialist 470 07/07/24 7,197 7,557 7,935 8,332 8,748 9,273 Teamsters Planning Manager 890 07/07/24 12,386 13,006 13,656 14,339 15,056 15,106 MPC Planning Technician 260 07/07/24 6,057 6,360 6,678 7,012 7,362 7,412 MISC A Police Captain 650 07/07/24 15,665 16,448 17,271 18,134 19,041 19,993 23,392 PMG Police Forensic Technician I 260 07/07/24 6,057 6,360 6,678 7,012 7,362 7,412 MISC A 2 321
City of Pittsburg
Monthly Salary Schedule
7/7/24
Police Forensic Technician II 425 07/07/24 7,012 7,363 7,731 8,118 8,524 8,574 MISC A Police Lieutenant 640 07/07/24 13,656 14,339 15,056 15,809 16,599 17,429 20,392 PMG Police Officer 600 07/07/24 7,114 7,470 7,843 8,235 8,647 9,079 9,533 POA Police Officer (Continuation of Steps H & I) 600 07/07/24 10,010 10,511 13,822 POA Police Records Clerk 180 07/07/24 5,202 5,462 5,735 6,022 6,323 6,373 MISC A Police Records Supervisor 540 07/07/24 8,048 8,450 8,873 9,317 9,782 9,832 MPC Police Sergeant 625 07/07/24 10,105 10,610 11,141 11,698 12,283 12,897 16,960 POA Police Services Administrator 831 07/07/24 10,088 10,593 11,122 11,679 12,262 12,312 MPC Police System Coordinator 8,825 9,267 9,730 10,217 10,727 11,478 Teamsters Power Company Manager 920 07/07/24 13,206 16,052 16,052 Mgmt Group Principal Planner 864 07/07/24 10,559 11,087 11,641 12,223 12,834 12,884 MPC Property and Evidence Coordinator 410 07/07/24 6,916 7,262 7,625 8,006 8,407 8,457 MISC A Property and Evidence Supervisor 540 07/07/24 8,048 8,450 8,873 9,317 9,782 9,832 MPC Property and Evidence Technician 250 07/07/24 5,462 5,735 6,022 6,323 6,639 6,689 MISC A Public Works Superintendent 880 07/07/24 10,641 11,173 11,731 12,318 12,934 12,984 MPC Public Works Supervisor 530 07/07/24 7,626 8,007 8,407 8,828 9,269 9,783 MPC Purchasing Analyst 720 07/07/24 8,112 8,518 8,944 9,391 9,860 9,910 MPC Records Specialist 330 07/07/24 6,446 6,768 7,106 7,462 7,835 7,885 MISC A Recreation Coordinator 230 07/07/24 5,829 6,120 6,426 6,748 7,085 7,135 MISC A Recreation Supervisor 550 07/07/24 7,612 7,993 8,393 8,812 9,253 9,303 MPC Revenue Operations Supervisor 745 07/07/24 8,345 8,762 9,200 9,660 10,143 10,193 MPC Senior Accounting Technician 313 07/07/24 6,317 6,632 6,964 7,312 7,678 7,728 MISC A Senior Administrative Analyst 825 07/07/24 9,798 10,288 10,803 11,343 11,910 11,960 MPC Senior Civil Engineer 865 07/07/24 10,914 11,459 12,032 12,634 13,266 13,316 MPC Senior Combination Building Inspector 760 07/07/24 8,449 8,871 9,315 9,781 10,270 10,320 MPC Senior Construction Inspector 760 07/07/24 8,449 8,871 9,315 9,781 10,270 10,320 MPC Senior Financial Analyst 790 07/07/24 9,932 10,429 10,950 11,498 12,073 12,123 MPC Senior Housing Program Analyst 825 07/07/24 9,798 10,288 10,803 11,343 11,910 11,960 MPC Senior Human Resources Analyst 821 07/07/24 9,733 10,220 10,731 11,267 11,831 11,881 MPC Senior Information Technology Analyst 815 07/07/24 9,940 10,437 10,959 11,507 12,082 12,132 MPC Senior Payroll Coordinator 385 07/07/24 7,150 7,508 7,883 8,277 8,691 8,741 MPC Senior Permit Technician 359 07/07/24 6,678 7,012 7,362 7,730 8,117 8,167 MISC A Senior Planner 840 07/07/24 9,599 10,079 10,583 11,112 11,668 12,301 MPC Sweeper Operator 140 07/07/24 4,782 5,021 5,272 5,536 5,812 6,161 Teamsters Utility Lead Technician 870 07/07/24 11,513 12,089 12,693 13,328 13,994 14,974 IBEW Utility Lineworker 742 07/07/24 8,236 8,648 9,080 9,534 10,011 14,834 IBEW Utility Maintenance Worker 312 07/07/24 6,275 6,588 6,918 7,264 7,627 8,085 IBEW Utility Supervisor 810 07/07/24 10,094 10,599 11,129 11,685 12,270 12,320 MPC Utility Technician 863 07/07/24 10,466 10,990 11,539 12,116 12,722 13,613 IBEW Water Instrument/Maintenance Technician I 480 07/07/24 8,117 8,523 8,949 9,397 9,867 10,558 Teamsters Water Instrument/Maintenance Technician II 750 07/07/24 9,396 9,866 10,359 10,877 11,421 12,221 Teamsters Water Maintenance Mechanic I 480 07/07/24 8,117 8,523 8,949 9,397 9,867 10,558 Teamsters Water Maintenance Mechanic II 750 07/07/24 9,396 9,866 10,359 10,877 11,421 12,221 Teamsters Water Plant Apprentice Operator 200 07/07/24 5,535 5,812 6,103 6,408 6,728 7,132 Teamsters Water Plant Operator 560 07/07/24 8,153 8,560 8,988 9,438 9,910 11,399 Teamsters Water Plant Superintendent 883 07/07/24 11,732 12,319 12,935 13,582 14,261 14,711 MPC Water Plant Supervisor 810 07/07/24 10,094 10,599 11,129 11,685 12,270 13,398 MPC Water Quality Analyst I 380 07/07/24 7,145 7,503 7,878 8,272 8,685 9,753 Teamsters Water Quality Analyst II 710 07/07/24 8,603 9,033 9,485 9,959 10,457 11,649 Teamsters 3 322
City of Pittsburg
Monthly Salary Schedule
7/7/24

SEASONAL/HOURLY/EXTRA HELP CLASSIFICATIONS
CODE EFFECTIVE Min per
hour
Max Per
Hour
Maximum Per
Hour UNIT
Administrative Support Associate 0500 12/24/23 16.00 50.00 50.00 Unrepresented Executive Consultant 910 03/16/15 30.00 100.00 100.00 Unrepresented Intern - High School 0550 12/24/23 16.00 16.00 16.00 Unrepresented Intern - College 0510 12/24/23 16.00 19.00 19.00 Unrepresented Maintenance Aide 0530 12/25/22 16.06 23.46 23.46 Unrepresented Police Trainee 6009 07/07/24 34.20 34.20 34.20 Unrepresented Professional Consultant 0540 12/24/23 20.00 90.00 90.00 Unrepresented Recreation Leader I 0550 12/24/23 16.00 16.00 16.00 Unrepresented Recreation Leader II 0560 12/24/23 16.00 21.50 21.50 Unrepresented Recreation Leader III 0570 07/09/23 16.50 24.50 24.50 Unrepresented Technical Consultant 0520 12/24/23 20.00 80.00 80.00 Unrepresented ELECTED OFFICIAL CLASSIFICATIONS CODE EFFECTIVE Per month UNIT City Clerk 8349 470 Elected Official
City Council 8177 500 Elected Official
City Council -- member of a different governing board
if serving on Tri Delta Transit $100 per meeting visit www.TriDeltaTransit.com if serving on Delta Diablo Sanitation District $209 per meeting visit ddsd.org City Treasurer 8349 470 Elected Official
4 323

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 Five Ordinances Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the 2040 General Plan Land Use Map, AP-24-0033 (RZ)
MEETING DATE: July 15, 2024

EXECUTIVE SUMMARY
On July 1, 2024, the City Council held a public hearing on a request to introduce and waive first reading of five ordinances approving amendments to the Zoning Map and establishing Limited Overlay Districts to implement the 2040 General Plan Land Use Map, as required by Government Code Section 65860. The five ordinances are now ready for City Council adoption.

FISCAL IMPACT
There is no impact to the General Fund if this project is approved.

RECOMMENDATION
City Council to take the following action:

1. Move to adopt Ordinance No. 24-1522 approving an Amendment to the Zoning Map and Establishing a Limited Overlay District to Implement the 2040 General Plan Land Use Map for a Site Located at the Northwestern Corner of City Limits as Specified in the Proposed Overlay Plan (RZ 1), AP-24-0033 (RZ).

2. Move to adopt Ordinance No. 24-1523 approving an Amendment to the Zoning Map and Establishing a Limited Overlay District to Implement the 2040 General Plan Land Use Map on a 103.14-Acre Site Located at 2222 Golf Club Road, AP-24-0033 (RZ).

3. Move to adopt Ordinance No. 24-1524 approving an Amendment to the Zoning Map to Implement the 2040 General Plan Land Use Map on a 11.59-Acre Site Located at 101 Avila Road, AP-24-0033 (RZ).
324

4. Move to adopt Ordinance No. 24-1525 approving an Amendment to the Zoning Map and Establishing a Limited Overlay District to Implement the 2040 General Plan Land Use Map on a 22.78-Acre Site at the Intersection of Harbor and East Third Streets, AP-24-0033 (RZ).

5. Move to adopt Ordinance No. 24-1526 approving an Amendment to the Zoning Map and Establishing a Limited Overlay District to Implement the 2040 General Plan Land Use Map on a 0.90-Acre Site Located at 2685 East Leland Road, AP-24-0033 (RZ).

BACKGROUND
The requested Zoning Map Amendments, if approved, would:
1) Rezone the approximately 868-acre, RZ 1 site from General Industrial with Limited Overlay (IG-O) and General Industrial (IG), to General Industrial with Limited Overlay (IG-O), Waterfront Commercial with Limited Overlay (CW-O), Limited Industrial with Limited Overlay (IL-O), Single Family Residential 4,000 - 5,000 square foot minimum lot size with Limited Overlay (RS-4-O/RS-5-O), Medium-to-High Density Residential with Limited Overlay (RM-O/RH-O), and High Density Residential with Limited Overlay (RH-O) Districts. See Attachment 1 for the proposed ordinance and Exhibit 1A for the proposed Overlay Plans.
2) Rezone the approximately 103-acre, RZ 2 site from OS (Open Space) to IL-O (Limited Industrial with Limited Overlay District) to allow for Employment Center Industrial (ECI). See Attachment 2 for the proposed ordinance and Exhibit 2A for the proposed Overlay Plan.
3) Rezone the approximately 12-acre, RZ 3 site from OS-O (Open Space - Limited Overlay) and HPD (Hillside Planned District) to CC (Community Commercial District).

See Attachment 3 for the proposed ordinance.
4) Rezone the approximately 23-acre, RZ 4 site from Waterfront Commercial (CW) and General Industrial (IG) to Waterfront Commercial with a Limited Overlay (CW-O) District. See Attachment 4 for the proposed ordinance and Exhibit 4A for the proposed Overlay Plan.
5) Rezone the approximately 1-acre, RZ 5 site from CS (Service Commercial) to IL-O (Limited Industrial with Limited Overlay District). See Attachment 5 for the proposed ordinance and Exhibit 5A for the proposed Overlay Plan.

For a more detailed discussion of the application in its entirety, the City Council may refer to the July 1, 2024, staff report titled “Introduction and Waive First Reading of Five Ordinances Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the 2040 General Plan Land Use Map, AP-24-0033 (RZ),” included as Attachment 6 of this report.

SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
325

STAFF ANALYSIS
After the City Council holds a public hearing and introduces an ordinance(s) on a given matter, approval of the matter is formalized by City Council adoption of the ordinance(s) by a majority vote at a meeting no fewer than five days after the public hearing. The ordinance(s) become effective 30 days after the date of its adoption.

ATTACHMENTS

1. Ordinance 24-1522
a. Exhibit 1A – Zoning Map Amendment Description, Map and Overlay Plans

2. Ordinance 24-1523
a. Exhibit 2A – Zoning Map Amendment Description, Map and Overlay Plan

3. Ordinance 24-1524
a. Exhibit 3A – Zoning Map Amendment Description and Map

4. Ordinance 24-1525
a. Exhibit 4A – Zoning Map Amendment Description, Map and Overlay Plan

5. Ordinance 24-1526
a. Exhibit 5A – Zoning Map Amendment Description, Map and Overlay Plan

6. City Council Staff Report dated July 1, 2024
Report Prepared By: Alison Spells, Associate Planner
326
Ordinance No. 24-1522 Page 1 of 6 July 15, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District )
To Implement the 2040 General Plan )
Land Use Map for a Site Located at ) ORDINANCE NO. 24-1522 The Northwestern Corner of City Limits )
As Specified in the Proposed Overlay )
Plan (RZ 1), AP-24-0033 (RZ) )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s zoning ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the RZ 1 area located at the northwestern corner of the City Limits, north of Willow Pass Road; and
WHEREAS, RZ 1 consists of the following Zoning Map Amendments: Areas currently designated IG-O (General Industrial with Limited Overlay District), OS (Open Space District) and IG (General Industrial District), would be rezoned to IG-O (General Industrial with Limited Overlay District), CW-O (Waterfront Commercial with Limited Overlay District), IL-O (Limited Industrial with Limited Overlay District), RS-4-O/RS-5-O (Single Family Residential 4,000 - 5,000 Square Foot Minimum Lot Size with Limited Overlay District), RM-O/RH-O (Medium-to-High Density Residential with Limited Overlay District), and RH-O (High Density Residential with Limited Overlay District); and
WHEREAS, RZ 1 consists of the following allowable uses: CW-O, IG-O, and IL-O Zoning District Overlays in RZ 1 would allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure consistent with the 2040 General Plan Land Use Map. RS-4-O/RS-5-O, RM- O/RH-O, and RH-O Zoning District Overlays in RZ 1 would allow for various single and multi-family residential development patterns, including single family residential detached, single family residential attached, multi-family residential, and mixed-use residential development consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating parcels within the RZ 1 area from “Open Space” and “Industrial” to “Open Space”, “Medium Density Residential”, “High Density Residential”, “Very High Density Residential”, “Marina Commercial”, “Employment Center Industrial”, “Industrial”, and “Park”, and certified the Final Environmental Impact Report (“FEIR”) under City Council Resolution Nos. 24-14464 and 24-14463; and
WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making 327
Ordinance No. 24-1522 Page 2 of 6 July 15, 2024
its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the RZ 1 area and the associated RZ 1 Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that the Overlay Plan:

1. is necessary because there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district;

2. conforms to the general plan; and

3. generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the RZ 1 area, at which time oral and/or written testimony was considered.
328
Ordinance No. 24-1522 Page 3 of 6 July 15, 2024
NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

B. Based on the City Council Staff Report entitled, “Ordinance Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the City of Pittsburg 2040 General Plan Land Use Map, AP-24-0033 (RZ),” dated July 1, 2024, and based on all the information contained in the Planning Division files on the project, incorporated herein by reference and available for review in the Planning Division located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council finds that:

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

A. It will promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2-1).

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. It will support office, business, and industrial land uses that will improve the City’s employment base through high-quality, well-paid jobs that attract the technology, energy, and industrial sectors desired by the community (Policy 2- P-4.5).

E. It will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14). 329
Ordinance No. 24-1522 Page 4 of 6 July 15, 2024

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that the proposed residential, commercial, industrial, and employment center industrial uses are permitted within the proposed Overlay Plan Districts. The proposed Limited Overlay for the RZ 1 area would require that all allowed uses and development standards follow the proposed Overlay Plan.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of Envision Pittsburg by expanding business opportunities in the technology sector and encouraging employment growth as it improves the jobs/housing balance. The proposed zoning map amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed zoning map amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the overlay plan.

4. The proposed Overlay Plan is necessary because there is a community need for housing, commercial development, waterfront access, and employment and technology uses. There are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

5. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple residential, commercial, industrial and executive technology use options for the project site while still providing site development and operational controls through the zoning administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

6. The proposed Overlay Plan generally complies with the land use and development regulations of the base zoning districts, in that it will encourage development of housing, workforce employment, commercial entertainment and recreational opportunities, and revenue-generating uses consistent with the base district Use Classifications.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code [PRC] §§ 21080).

On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the Final Environmental Impact Report (FEIR) in City Council Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).

CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified Environmental Impact Report (EIR) or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.
330
Ordinance No. 24-1522 Page 5 of 6 July 15, 2024
Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

There are no substantial changes proposed by the Zoning Map Amendment or the circumstances in which the proposed Zoning Map Amendment would be undertaken that would require major revisions of the prior certified FEIR. The proposed Zoning Map Amendment does not require preparation of a new subsequent or supplemental EIR due to: 1) the involvement of new significant environmental effects, (2) a substantial increase in the severity of previously identified significant effects, or (3) new information of substantial importance. No mitigation measures or alternatives previously found not to be feasible would in fact be feasible. Rather, all the impacts associated with the proposed Zoning Map Amendment are within the envelope of impacts addressed in the prior certified FEIR. Therefore, staff determined that preparation of a supplemental or Subsequent EIR or ND was not required and that an Addendum provides the required documentation under CEQA for the proposed Zoning Map Amendment.

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to rezone the proposed RZ 1 area with accompanying Overlay Regulations, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Severability.

If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions.

SECTION 6. Publication.

The ordinance shall be posted and published in accordance with California Government Code.
331
Ordinance No. 24-1522 Page 6 of 6 July 15, 2024
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on July 15, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
332
Attachment 1 - Exhibit A
RZ 1 Zoning Map Amendment
Rezone 1 (RZ 1):

This item includes a Zoning Map Amendment from General Industrial with a Limited Overlay (IG-O ) and General Industrial (IG), to General Industrial with a Limited Overlay (IG
-O), Waterfront Commercial with a Limited Overlay (CW -O), Limited Industrial with a Limited Overlay (IL-O), Single Family Residential 4,000 - 5,000 square foot minimum lot size with a Limited Overlay (RS -4-O/RS-5-O), Medium-to-High Density Residential with a Limited Overlay (RM-O /RH-O), and High Density Residential with a limited Overlay (RH-O ) Districts.

CW-O, IG-O , and IL
-O Zoning District Overlays would allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure c
onsistent with the 2040 General Plan Land Use Map.

RS-4-O/RS
-5-O, RM- O/RH-O, and RH -O Zoning District Overlays would allow for various single and multi-f amily residential development patterns, including single family residential detached, single family residential attached, multi -family residential, and mixed -
use residential development consistent with the 2040 General Plan Land Use Map.

The proposed R
Z 1 sites total approximately 868 acres and are within the North Central River Subarea, located at the northwest corner of the City limits, north of Willow Pass Road.

Details specific t
o the proposed RZ 1 Zoning Map Amendment, including existing and proposed Zoning designations, parcel sizes, and locations
can be found in the table below.
333
Zoning Map Amendment
RZ 1
APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
096-100-031 231 General Industrial with
Limited Overlay (IG-O);
Open Space (OS);
Governmental and
Quasipublic (GQ)
General Industrial with Limited Overlay
(IG-O); Open Space (OS); Governmental
and Quasipublic (GQ); Single Family
Residential 4,000 - 5,000 square foot
minimum lot size with a Limited Overlay
(RS-4-O/RS-5-O); Medium-to-High
Density Residential with a Limited
Overlay (RM-O/RH-O), High Density
Residential with a limited Overlay (RH-O)
Historical use as former fill
area, and no current use.
096-100-032 497 Open Space (OS);
General Industrial (IG),
Governmental and
Quasipublic (GQ)
Open Space (OS); Governmental and
Quasipublic (GQ); Waterfront Commercial
with a Limited Overlay (CW-O); Limited
Industrial with a Limited Overlay (IL-O)
Cooling water canal and three
cooling towers (not in use); is
the western portion of former
Power Plant industrial area.
096-100-033 24 General Industrial (IG) Waterfront Commercial with a Limited Overlay (CW-O); Limited Industrial with a
Limited Overlay (IL-O)
Formerly used as the Power
Plant industrial area. Industrial
structures exist on site.
096-100-034 116 General Industrial (IG);
Governmental and
Quasipublic (GQ)
Governmental and Quasipublic (GQ);
Waterfront Commercial with a Limited
Overlay (CW-O); Limited Industrial with a
Limited Overlay (IL-O); Single Family
Residential 4,000 - 5,000 square foot
minimum lot size with a Limited Overlay
(RS-4-O/RS-5-O); High Density
Residential with a limited Overlay (RH-O)
Formerly used as a tank farm.
334
Zoning Map Amendment
RZ 1

OS
– Open Space GQ - Governmental & Quasipublic IG – General Industrial IG-O –
General Industrial with a Limited Overlay CS-O Service Commercial with a Limited Overlay CW –
Waterfront Commercial Single-Family Residential, 5,000 square foot lot minimum Fig. 1: Existing Zoning Districts
RZ 1
Site
335
Zoning Map Amendment
RZ 1
OS
– Open Space GQ - Governmental & Quasipublic RH-O High Density Residential with a Limited Overlay RS-4-O/RS-5-O
Single-Family Residential, 4,000 - 5,000 square foot lot minimum IL-O –
Limited Industrial with a Limited Overlay IG-O – General Industrial with a Limited Overlay CW-O –
Waterfront Commercial with a Limited Overlay Willow Creek

RM-O/RH
-O – Medium to High Density Residential with a Limited Overlay IG – General Industrial IL-O
IL-O
IL-O
IL-O
IG-O RS-4-O
/RS-5-O
RS-4-O/
RS-5-O
OS
CW-O
RH-O
RM-O/
RH-O
Fig. 2: Proposed Zoning Districts
RZ 1
Site
336
Rezone 1
CW-O Land Use Regula�ons
Waterfront Commercial with Limited Overlay (CW-O) District CW-O District Land Use Regulations
Land Use Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to Pittsburg Municipal Code (PMC) Section 18.52 .010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the CW -O District and prescribe applicable review procedure, and conditionally issue approval.

CW-O District Property Development Regulations
Property Development Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to PMC Section 18.52.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the CW -O District, prescribe applicable review procedure, and conditionally issue approval.

The Zoning Administrator shall be responsible for administering the provisions of this Overlay District and shall have authority to review and approve the permitted uses and determine if specific uses are consistent with the objectives and provisions of the CW-O District.

CW-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices
Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center A facility providing for the storage of networked computer servers and related hardware equipment typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

Energy A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Financial Offices Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 337
2 Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Medical Offices
and Medical
Testing
Offices of state -licensed firms or organizations that provide human physical and psychological health services and resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning ser vices, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and
Development
Services and
Production

Research and Development Services establishments are primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory.

Research and Development Productions establishments are primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Limited. Establishment engaged in the fabrication, assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.

Custom. Establishment primarily engaged in on- site production of goods by hand manufacturing involving the use of hand tools and small -scale equipment. This classification may include the incidental direct sale to consumers of only those products produced on- site. Typical uses include ceramic studio, candle- making, boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

With Exterior Storage. Storage and handling of goods and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility.

338
Rezone 1
IG-O Land Use Regula�ons

General Industrial with Limited Overlay (IG-O) District IG-O District Land Use Regulations
Land Use Regulations for the IG -O District shall be the same as those of the base General Industrial (IG) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the IG-O District and prescribe applicable review procedure, and conditionally issue approval.

IG-O District Property Development Regulations
Property Development Regulations for the IG -O District shall be the same as those of the base General Industrial (IG ) District pursuant to P MC Section 18.54.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IG-O District, prescribe applicable review procedure, and conditionally issue approval.

IG-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, sec retarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

A facility providing for the storage of networked computer servers and related hardware equipment typically used by organizations for the remote storage, processing, or distribution of large amounts of data.

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Financial Offices Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 339
Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

340
Rezone 1
IL-O Land Use Regula�ons

1 Limited Industrial with Limited Overlay (IL-O) District IL-O District Land Use Regulations
Land Use Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the IL-O District and prescribe applicable review procedure, and conditionally issue approval.

IL-O District Property Development Regulations
Property Development Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to PMC Section 18.54 .115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O District, prescribe applicable review procedure, and conditionally issue approval.

IL-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.

Financial Offices Financial institution, including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 341
Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Hospitals and
Large-Scale
Medical Facilities
Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out -patient treatment, as well as training, research, and administrative services for patients and employees.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

342
Rezone 1
RM-O/RH-O Land Use Regula�ons

1 Medium-to-High Density Residential with Limited Overlay (RM-O/RH-O) District RM-O/RH-O District Land Use Regulations
Land Use Regulations for the RM-O/RH-O District shall be the same as those of the base Medium and High-Density Residential Districts pursuant to Pittsburg Municipal Code (PMC) Section

18.50.010, with the addition of Mixed-Use Development and Live-Work Unit Development, as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the RM-O/RH-O District and prescribe applicable review procedure, and conditionally issue approval.

RM-O/RH-O District Property Development Regulations
Property Development Regulations for the RM-O/RH-O District shall be the same as those of the base Medium and High Density Residential Districts pursuant to PMC Section 18.50.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within Article II and/or Article III of PMC Chapter 18.36. The Zoning Administrator shall review the package and provide a determination for consistency with the RM-O/RH-O District, prescribe applicable review procedure, and conditionally issue approval.

RM-O/RH-O Additional Land Use Regulations
Use
Classifications
Definitions
Mixed-Use
Development

Integrated development consisting of Residential, Commercial, and/or Industrial Activities. Development may or may not be contained in a single building.

Live-Work Unit
Development

Development which contains separate residential and non -residential areas intended for both residential and non- residential uses concurrently and shares a common wall or floor with direct access between the residential and non-residential areas.

Non-residential areas shall be considered “Flex Space.” Flex Space is generally on the first floor of a Live- Work unit and provides an opportunity for c ommercial use with or without public access, which may be utilized by the resident of the live-work unit or may be independently rented or leased.

343
Rezone 1
RH-O Land Use Regula�ons

1 High Density Residential with Limited Overlay (RH-O) District RH-O District Land Use Regulations
Land Use Regulations for the RH-O District shall be the same as those of the base High-Density Residential Districts pursuant to Pittsburg Municipal Code (PMC) Section 18.50.010, with the addition of Mixed-Use Development and Live-Work Unit Development, as defined in this Overlay District Ordinance.

The Zoning Administrator shall review Land Use proposed as part of a development application and provide a determination for consistency with the RH-O District and prescribe applicable review procedure, and conditionally issue approval.

RH-O District Property Development Regulations
Property Development Regulations for the RH -O District shall be the same as those of the base High Density Residential District pursuant to PMC Section 18.50.115, unless superseded by any applicable Condition of Approval, Specific Plan, Mater Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within Article II and/or Article III of PMC Chapter 18.36. The Zoning Administrator shall review the package and provide a determination for consistency with the RH-O District, prescribe applicable review procedure, and conditionally issue approval.

RH-O Additional Land Use Regulations
Use
Classifications
Definitions
Mixed-Use
Development

Integrated development consisting of Residential, Commercial, and/or Industrial Activities. Development may or may not be contained in a single building.

Live-Work Unit
Development

344
Ordinance No. 24-1523 Page 1 of 6 July 15, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District )
to Implement the 2040 General Plan ) ORDINANCE NO. 24-1523 Land Use Map on a 103.14-Acre Site )
Located at 2222 Golf Club Road, AP- )
24-0033 (RZ) )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s Zoning Ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 103.14-acre property from OS (Open Space) to IL-O (Limited Industrial with Limited Overlay) District to allow for Employment Center Industrial (“ECI”) uses and to establish a Limited Overlay District; and WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 103.14-acre property from “Park” to “ECI,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including a 103.14-acre portion of the former Delta View Golf Course property designated as ECI; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 103.14- acre property and the associated Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
345
Ordinance No. 24-1523 Page 2 of 6 July 15, 2024 WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice; and
WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC section 18.74.060) that the Overlay Plan:

1. Is necessary because there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district;

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the 103.14-acre property, at which time oral and/or written testimony was considered.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Employment Center Industrial’. This land use designation is intended to foster “vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, business, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, data centers, technology and innovation, energy, hospitals and large-scale medical facilities, services, light and heavy automobile services, and supporting commercial uses.” Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the Employment Center Industrial land use designation. The proposed Overlay District would be consistent with the intent of the ECI land use designation in that the proposed allowable uses within the overlay would include technology-focused, employment-generating uses.

The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that employment center industrial uses, such as laboratories, custom 347
Ordinance No. 24-1523 Page 4 of 6 July 15, 2024 and limited manufacturing, and research and development, are permitted within the Limited Industrial (IL) District. The proposed Limited Overlay for the 103.14-acre property would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the IL District.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the technology sector and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Zoning Map Amendment would facilitate the use of a portion of a defunct golf course and help the City achieve its Economic Development Objectives, by enhancing the assessed value of the land and creating additional employment opportunities. Approval of this amendment would assist in facilitating the development of a technology-focused business park, a public convenience development for the area on an underutilized parcel. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue-generating uses, which could help eradicate existing problems that come with blighted sites, such as illegal dumping and loitering.

5. The proposed Overlay Plan is necessary because there is a community need for employment and technology uses and there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

6. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple industrial and executive technology use options for the project site while still providing site development and operational controls through the zoning administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

7. The proposed Overlay Plan generally complies with the land use and development regulations of the base zoning district, in that it will encourage development of employment and revenue-generating uses consistent with the Industrial Use Classification.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080).

On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the FEIR in Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).
348
Ordinance No. 24-1523 Page 5 of 6 July 15, 2024 CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.

Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 103.14-acre site located at 2222 Golf Club Road from OS (Open Space) to IL-O (Limited Industrial with Limited Overlay), with accompanying Overlay Plan, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Severability.

The ordinance shall be posted and published in accordance with California Government Code.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on July 15, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
350
Attachment 2 - Exhibit A
RZ 2 Zoning Map Amendment
Rezone 2 (RZ 2):

This item includes a Zoning Map Amendment from OS (Open Space) to IL -O (Limited Industrial with Limited
Overlay District) to allow for E mployment Center Industrial (E CI) uses consistent with the 2040 General Plan Land Use Map on a 103.14-acre site located on the eastern half of the former Delta View Golf Course south of West Leland Road near 2222 Golf Club Road.

APN Total Approximate
Acreage
Existing Zoning Proposed
Zoning
Current Use
095-160-001 2.97 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
095-150-032 13.24 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
095-160-002 20.50 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
094-080-046 66.43 Open Space (OS) Limited Industrial
with Limited
Overlay (IL-O)
Vacant; Former Golf
Course
351
Zoning Map Amendment
RZ 2
CC -
Community Commercial GQ - Government & Quasi Public IL-O - Limited Industrial RM - Medium
Density Residential OS – Open Space RS - Low Density Residential Unincorporated
Fig. 1: Existing Zoning District
RZ 2
Site
352
Zoning Map Amendment
RZ 2

CC -
Community Commercial GQ – Government & Quasi Public IL-O - Limited Industrial RM - Medium
Density Residential OS – Open Space RS - Low Density Residential Fig. 2: Proposed Zoning District
Unincorporated
RZ 2
Site
353
Rezone 2
IL-O Land Use Regula�ons
Limited Industrial with Limited Overlay (IL-O) District IL-O Permitted Uses:

Use Classifications Definitions
Administrative, Business, and
Professional Offices
Establishment engaged in the provision of executive,
management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support,
insurance, investment, legal, secretarial, accounting,
graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Energy A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy
conversion, and energy distribution equipment.

Government/Public Offices Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of
vehicles.

Medical Offices and Medical Testing Offices of state-licensed firms or organizations that provide human physical and psychological health services and
resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning services, optometrists, or
acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and Development Services
and Production
Research and Development Services establishments are
primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research
laboratory.

Research and Development Productions establishments
are primarily engaged in the research, development,
testing, and controlled production and wholesale of high- technology electronic, industrial, or scientific products or commodities within an enclosed building, but does not
include uses that may be objectionable by reason of
production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include
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biotechnology, film, and nontoxic electronic and computer component manufacturers.

Manufacturing (Custom and Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including
incidental and related processing, storage, wholesaling and distribution.

Limited. Establishment engaged in the fabrication,
assembly, processing, treatment, or packaging of finished parts or products from previously prepared materials within an enclosed building, excluding food and drug processing.

Typical uses include ceramic studio, candle-making,
boatwright, custom jewelry manufacture, ornamental iron works, cabinet shop, or stained/leaded glass studio.

Warehouse and Distribution (Interior
and Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide
storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Establishments under this
classification may sort, package and label products for distribution, but do not display merchandise or
accommodate walk-in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

With Exterior Storage. Storage and handling of goods
and equipment is entirely or partially outdoors, even if screened from public view. This classification does not include junk or vehicle dismantling yard, or disposal facility.

The Zoning Administrator shall be responsible for administering the provisions of this Overlay and shall have authority to review and approve the permitted uses and determine if specific uses are consistent with the objectives and provisions of the IL-O zone.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division for review and conformity with the standards and design review guidelines listed below. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O zone and approval.

IL-O Site Design:

The IL-O Project Site Area is approximately 76.38 acres and is bisected by the Contra Costa Canal into two major areas as depicted in Figure No. 1: Site Plan Concept. The approximately

22.05-acre area north of the canal is named Phase 1 and includes future development of a data center and corresponding PG&E and/or Pittsburg Power Company (P PC) substation. The approximately 54.33-acre area south of the canal is designated for future Phases 2 and 3 and designed to accommodate the permitted uses described above. 355
3 Carefully planned site design is an important element of all development projects. Site design should help ensure well-functioning and safe circulation around the site and establish aesthetically pleasing developments. Controlled truck site ingress and egress and services areas located at the rear of buildings or screening from public view should be considered. Additionally, articulated building façades and integrated landscape treatments should also be considered.

Estimated Development Capacity:

Size (AC) Development
Capacity (Sq. Ft.)
Phase 1 22.05 347,740
Phase 2 29.29 368,551
Phase 3 25.04 392,567
Total 76.38 1,108,858

IL-O Property Development
Regulations:

Property Development Regulations Feet
Minimum lot area (sq. ft.) 5,000
Minimum lot width 70
Minimum yards –
Minimum Front Setback 10
Minimum Side Setback 10
Minimum Side Setback (adjacent to an R or
residential PD district) 10
Minimum Corner side Setback 10
Minimum Rear Setback 10
Minimum Rear Setback (adjacent to an R or
residential PD district) 10
Maximum front yard (ft.) –
Maximum height1 of structure(s) 99
Minimum height of structure(s) –
Maximum lot coverage 60%
Maximum FAR 0.5
Minimum site landscaping 7%

1 Height shall be calculated from the proposed finished grade to top of roof membrane. This excludes screening and architectural facades, i.e., parapet.
356
IL-O Design Standards:

Building Form/Massing
The shape, size, proportions, and articulation of buildings contribute to the character of the Project Site Area. Designing appropriate attributes for these elements will help buildings blend into the natural character of the Project Site Area and minimize the buildings’ perceived size.

Appropriate attributes for a building’s design elements that are visible from a public viewing area should include:
• Articulated building facades as well as varying colors and materials to reduce the visual bulk of the building.
• Accentuated entrances through projected or recessed massing or features such as an overhang.
• Variation in roof lines or parapet heights. Note: Height shall be calculated from the proposed finished grade to top of roof membrane.
• Architectural accents such as cornices, trim around windows, grooves in walls, and accent bands can be used to create visual variation along building facades.

Materials, Colors and Textures
Building materials, colors and textures should be used to add visual interest to buildings while blending with the natural character of the Project Site Area.

Building materials and color applications include the following:
• Exterior building materials should include one or more of the following: smooth concrete, textured concrete, masonry block with textured or sandblasted finishes, glass and curtainwall glazing systems, natural and/or manufactured stone, or limited metal panel systems.
• Primary exterior building colors are encouraged to be light and warm tones. Darker and more intense colors should be utilized for accents and to accentuate entrances. • Materials changes should occur at intersecting planes, preferably at the corners of wall plane changes or where architectural elements intersect. Material changes can also occur elsewhere within wall planes.
• Materials or color applications should terminate at a logical point in relation to architectural features or massing.
• Multiple buildings in a development should have complementary materials and color palettes.

Functional Elements
Security fencing of 8-feet in height or higher may be installed at the perimeter of the property line of each development project.

Where incorporated in landscape design, walls and fences should be designed to complement building materials and colors where feasible.

Guard stations are permitted at the entrances to private drives.

357
5 Buffering and Screening
Rooftop, ground equipment, and truck docks shall be screened from the view of adjacent residential districts. Screening materials shall be consistent with building facades and may include fencing landscaping.

Landscape Design
Landscaping is a required component for the Project Site Area. Landscape design is intended to enhance site development with aesthetically pleasing and drought-tolerant landscaping. • Landscaping should be used to soften the appearance of buildings and provide a buffer with open areas and the roadway.
• Landscaping should blend with the natural environment. • Planting selection shall follow City requirements and consist of predominantly drought- tolerant plants.
• Use landscaping as part of storm water management best management practices (BMPs)
• Ground cover should be designed to have 100 percent coverage within one year.

Fire prevention is a key element of the landscape design and the continued maintenance of the Project Site Area. Landscaping shall be designed, installed, and maintained in accordance with Pittsburg Municipal Code (PMC) Chapter 15.20 - California Fire Code, an amended version of the 2022 California Fire Code (CFC).

The southern and eastern perimeter of Phase 3 is within a State Responsibility Area (SRA) and is classified as a High Fire Hazard Severity Zone (FHSZ), see Figure No. 2. Additional measures required for this area are specified in the CFC.

Signs
Signage in the Project Site Area shall be subject to Title 19 PMC Sign Regulations. The purpose of Title 19 PMC is to provide standards to promote and protect life, health, property and the public welfare by controlling the design, colors, quality of materials, construction, size, location, placement and maintenance of signs and sign structures.

IL-O Conformity Determinations and Development Application:

Applicant must submit a development application to the Planning Department for review and conformity with the standards and design review guidelines for the IL-O zone. The Zoning Administrator shall review development application packages and provide a determination for consistency and approval. Pursuant to PMC section 18.18.050, the decision of the Zoning Administrator can be appealed to the Planning Commission.

The required information that must be included in the development application, pursuant to PMC section 18.36.210 includes:

358
1) Site plan showing:
a. General location of property;
b. Property boundaries;
c. Existing topography and proposed grading (for property no less than 10 acres, a contour interval no greater than five feet and a horizontal map scale of one-inch equals 50 feet or larger shall be used; for property larger than 10 acres, a contour interval no greater than 10 feet and a horizontal map scale of one-inch equals 100 feet or larger shall be used);
d. All existing and proposed structures, the height of each structure and number of dwelling units in each structure;
e. All existing and proposed signs;
f. Location and approximate height of all adjacent structures on abutting sites; g. Location, dimensions, and quantity of existing and proposed off-street parking, with a statement indicating whether it conforms to applicable regulations; h. Existing and proposed vehicular and pedestrian ways, and trails, with grades, widths, and types of improvements;
i. Proposed vehicular access between site and public street; j. Locations, names, and widths of abutting streets;
k. Existing and proposed utilities;
l. Existing and proposed recreational facilities;
m. Existing and proposed storm drainage facilities;
n. Location of existing trees on the site;
o. Locations and heights of existing and proposed retaining walls; p. Locations and dimensions of trash disposal areas;
q. Roof overhangs;
r. Distances between buildings and from building walls to property lines; s. Proposed street names;
t. Handicap facilities;

2) Architectural drawings showing:
a. Floor plans at one-eighth inch or one-quarter inch equals one foot zero inches; b. Four elevations (or more if necessary) to include all sides of development at no less than one-eighth inch equals one foot zero inches;

3) Landscaping plan, including plant names and sizes, and an irrigation plan;

4) A recent photograph of the site itself and of adjacent properties showing the current condition of the properties;

5) Color and texture chips of actual samples of materials;

6) Additional information which may be requested by the Zoning Administrator including but not limited to the following:

a. Recent photographs of sight line profiles in sufficiently large scale, taken from commonly used vantage points in the city (shopping centers, road intersections, scenic lookouts, etc.) with the outline of the proposed structure in proper scale and perspective superimposed on it;
359
7 b. Architectural drawings showing the locations, size, color, shape and type of illumination of each proposed sign;

7) Other information as determined by the Zoning Administrator.

The Zoning Administrator shall consider the development application for approval and integrate it with the land use approval process, detailed below. If the Zoning Administrator can make the following findings, they shall approve the development application administratively without public notice and without the need to hold a public hearing:
a) The project complies with all applicable development standards identified in this Overlay Zone (IL-O) and the 2040 General Plan, and the Pittsburg Municipal Code. b) There is supporting infrastructure, existing or available, consistent with the intensity of development, to accommodate the proposed development.
c) The proposed uses are in compliance with this Overlay Zone (IL-O), the 2040 General Plan and Pittsburg Municipal Code.
d) The project consists of repair work only, is consistent with a permitted use of this Overlay Zone (IL-O) and has a maximum footprint of 10,000 square feet or less.

The Zoning Administrator, or the Planning Commission in the case of an appeal, shall make written findings for its decision.

360

Figure No. 1: Site Plan Concept
361
9 Figure No. 2: Fire Hazard Severity Zone Map
362
Ordinance No. 24-1524 Page 1 of 6 July 15, 2024

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

Amending the Zoning Map to Implement )
the 2040 General Plan Land Use Map )
on a 11.59-Acre Site Located at 101 ) ORDINANCE NO. 24-1524 Avila Road, AP-24-0033 (RZ) )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s Zoning Ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 11.59-acre property from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 11.59-acre property from “Open Space” and “Hillside Low Density Residential” to “Community Commercial,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including the 11.59-acre site located at 101 Avila Road designated as Community Commercial; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 11.59- acre property; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
363
Ordinance No. 24-1524 Page 2 of 6 July 15, 2024 WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment for the 11.59-acre property, at which time oral and/or written testimony was considered.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Community Commercial’. This land use designation is intended to “provide sites for commercial and community-serving businesses, including retail stores, eating and drinking establishments, commercial recreation and entertainment, service stations, financial, educational and social services.” Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CC (Community Commercial District) as an implementing Zoning District for the Community Commercial land use designation.

The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:
364
Ordinance No. 24-1524 Page 3 of 6 July 15, 2024 A. It will promote optimal, orderly, well-planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2-1).

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. It will facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that commercial and community-serving businesses are permitted within the Community Commercial (CC) District. Land use and property development regulations for the 11.59-acre site would follow those of the CC District in Chapter 18.52 of Pittsburg Municipal Code (PMC).

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the property development standards and design guidelines in Chapter 18.52 PMC.

4. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue-generating uses consistent with the Community Commercial Use Classification.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080). On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and certified the FEIR in Resolution Nos. 24-14463 and 24-14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).

CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration 365
Ordinance No. 24-1524 Page 4 of 6 July 15, 2024 (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 11.59-acre site located at 101 Avila Road from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Severability.

SECTION 6. Publication.

The ordinance shall be posted and published in accordance with California Government Code.
366
Ordinance No. 24-1524 Page 5 of 6 July 15, 2024 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on July 15, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
367
Attachment 3 - Exhibit A
RZ 3 Zoning Map Amendment

Page 1 of 3 ends

Rezone 3 (RZ 3):

This item includes a Zoning Map Amendment from OS-O (Open Space - Limited Overlay ) and HPD
(Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map on a 11.59- acre site located at the western limits of the C ity, south of State Route 4 adjacent to Avila Road.

Table 3: RZ 3
APN Total Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
091-020-018 11.59 Open Space with a
Limited Overlay (OS-
O) and Hillside
Planned District (HPD)
Community
Commercial (CC)
Recreational
Vehicle
Storage;
portion vacant
Note: Land use and property development regulations for the RZ 3 Zoning Map Amendment would follow those of the Community Commercial District in Chapter 18.52 of Pittsburg Municipal Code (PMC). 368
Zoning Map Amendment
RZ 3

Page 2 of 3 ends

CC - Community Commercial GQ - Government & Quasi Public OS - Open Space

HPD – Hillside Planned District PD – Planned Development RS - Low Density Residential

Fig. 1: Existing Zoning Districts

RZ 3
Site
369
Zoning Map Amendment
RZ 3

Page 3 of 3 ends

CC - Community Commercial GQ – Government & Quasi Public OS – Open Space

HPD – Hillside Planned District PD – Planned Development RS - Low Density Residential Fig. 2: Proposed Zoning District

RZ 3
Site
370
Ordinance No. 24-1525 Page 1 of 6 July 15, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District to)
Implement the 2040 General Plan Land ) ORDINANCE NO. 24-1525 Use Map on a 22.78-Acre Site Located )
at the Intersection of Harbor and East )
Third Streets, AP-24-0033 (RZ) )
WHEREAS, on April 15, 2024, the City of Pittsburg reviewed an application consistent with Government Code Section 65860, for a series of Zoning Map Amendments to achieve internal consistency between the 2040 General Plan and the City’s zoning ordinance; and WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 22.78-acre site located at the intersection of Harbor Street and East Third Street, identified as the RZ 4 site; and WHEREAS, RZ 4 consists of rezoning all parcels involved from CW (Waterfront Commercial) to CW-O (Waterfront Commercial with Limited Overlay District), to establish an overlay district to allow for waterfront commercial, technology and innovation, limited manufacturing, clean energy and infrastructure uses within the Rezone 4 area, consistent with the 2040 General Plan Land Use Map; and
WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating parcels within the RZ 4 area from “Park”, “Marine Commercial”, and “Industrial” to “Marina Commercial”, and certified the Final Environmental Impact Report (“FEIR”) under City Council Resolution Nos. 24-14464 and 24-14463; and WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the RZ 4 area and the associated RZ 4 Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; 371
Ordinance No. 24-1525 Page 2 of 5 July 15, 2024
posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that the Overlay Plan:

2. conforms to the general plan; and

3. generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the RZ 4 area, at which time oral and/or written testimony was considered.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that the proposed commercial and employment generating uses are permitted within the proposed Overlay Plan District. The proposed Limited Overlay for the RZ 4 area would require that all allowed uses and development standards follow the proposed Overlay Plan.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the technology sector and encouraging employment growth. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for pedestrian-friendly and employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Overlay Plan is necessary because there is a community need for commercial development, waterfront access, and employment and technology uses.

There are special or unique characteristics of the site or improvements that require 373
Ordinance No. 24-1525 Page 4 of 5 July 15, 2024
land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

5. The proposed Overlay Plan conforms to the 2040 General Plan, in that it would provide the community with multiple commercial, industrial and executive technology use options for the project site while still providing site development and operational controls through the Zoning Administrator review and design review process to ensure that any new or proposed businesses do not become a nuisance for the surrounding neighbors, nor the City as a whole.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code [PRC] §§ 21080).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to rezone the proposed RZ 4 area with accompanying Overlay Regulations, as depicted in Exhibits A and B of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Severability.

SECTION 6. Publication.

The ordinance shall be posted and published in accordance with California Government Code.

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
375
Attachment 4 - Exhibit A
RZ 4 Zoning Map Amendment
Rezone 4 (RZ 4):

This item includes a Zoning Map Amendment from Waterfront Commercial (CW) and General Industrial (IG) to Waterfront Commercial with a Limited Overlay (CW -O) District to allow for waterfront commercial, technology and innovation, limited
manufacturing, clean energy and infrastructure uses consistent with the 2040 General Plan Land Use Map on 22.78-acre site located north of East Third Street, at the intersection of Harbor and East Third Streets.

APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
073-010-002 0.54 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-003 1.99 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-004 1.58 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-005 0.29 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-008 0.29 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-014 4.32 Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
073-010-015 13.77
Waterfront Commercial
(CW)
Waterfront Commercial with a
Limited Overlay (CW-O)
Vacant
376
Zoning Map Amendment
RZ 4
Fig. 1 Existing Zoning Districts
CW -
Waterfront Commercial IG - General Industrial CP – Pedestrian Commercial RMD – Downtown
Medium Density Residential RS-5 - Low Density Residential, 5,000 Square Foot Lot Minimum

RZ 4
Site
CW
IG
377
Zoning Map Amendment
RZ 4
Fig. 2 Proposed Zoning Districts
CW-O -
Waterfront Commercial with a Limited Overlay RS-5 - Low Density Residential, 5,000 Square Foot Lot Minimum RMD
– Downtown Medium Density Residential IG - General Industrial CW-O
RZ 4
Site
378
Rezone 4
CW-O Land Use Regula�ons

Waterfront Commercial with a Limited Overlay (CW-O) District CW-O District Land Use Regulations
Land Use Regulations for the CW-O District shall be the same as those of the base Waterfront Commercial (CW) District pursuant to Pittsburg Municipal Code (PMC) Section 18.52.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

CW-O Additional Land Use Regulations
Use
Classifications
Definitions
Administrative,
Business, and
Professional
Offices

Establishment engaged in the provision of executive, management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, secretarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment, and renewable energy structures, including solar panels and battery facilities.

Financial Offices Financial institution , including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on-site circulation of cash money. 379
2 Government/Public
Offices
Administrative, clerical, or public contact office of a federal, state or local government agency, including postal facilities, together with incidental storage and maintenance of vehicles.

Research and
Development
Services and
Production

Manufacturing
(Custom and
Limited)

An industrial activity involving the making of goods or products by manual labor or machine process, including incidental and related processing, storage, wholesaling and distribution.

Warehouse and
Distribution
(Interior and
Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods.

Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers.

Establishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk -in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

380
Ordinance No. 24-1526 Page 1 of 6 July 15, 2024

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

Amending the Zoning Map and )
Establishing a Limited Overlay District )
to Implement the 2040 General Plan ) ORDINANCE NO. 24-1526 Land Use Map on a 0.90-Acre Site )
Located at 2685 East Leland Road, )
AP-24-0033 (RZ) )
WHEREAS, on April 30, 2024, City staff filed Planning Application No. 24-0033 (RZ), requesting to amend the Zoning Map for the 0.90-acre property from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay) District to allow for Employment Center Industrial (“ECI”) uses and to establish a Limited Overlay District; and WHEREAS, on May 6, 2024, the City Council adopted the 2040 General Plan, redesignating the 0.90-acre property from “Business Commercial” to “ECI,” and certified the Final Environmental Impact Report (“FEIR”) under Resolution Nos. 24-14464 and 24-14463; and
WHEREAS, the Economic Development Element of the 2040 General Plan identifies “Employment and Revenue-Generating Sites,” in Figure 6-1, including the 0.90-site located at 2685 East Leland Road designated as ECI; and
WHEREAS, Chapter 18.48 of Pittsburg Municipal Code (“PMC”) identifies the Planning Commission as the advisory body to the City Council on Zoning Map Amendments, and requires that the Commission conduct a public hearing and determine, prior to making its recommendation, that: 1) the change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan; 2) a community need is demonstrated for the change proposed; and 3) its adoption will be in conformity with public convenience, general welfare and good zoning practice; and WHEREAS, on June 11, 2024, after conducting a duly noticed public hearing, the Planning Commission adopted Resolution No. 10247, recommending City Council adoption of the proposal in its entirety, including the requested Zoning Map Amendment of the 0.90- acre property and the associated Overlay Plan; and
WHEREAS, on or prior to Friday, June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020.A - D, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall; was delivered for posting at the Pittsburg Library, Marina Community Center and Pittsburg Senior Center; and was mailed via electronic mail to interested parties and to individuals who had previously filed written request for such notice; posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in all neighborhoods within Pittsburg City limits; and
381
Ordinance No. 24-1526 Page 2 of 6 July 15, 2024 WHEREAS, in order to approve a Zoning Amendment, the City Council must find (in accordance with PMC sections 18.16.020 and 18.48.030) that:

1. the amendments are consistent with the objectives, policies, general land uses and programs in the General Plan;

2. the land use regulation is compatible with uses and regulations of the land use district for which it is proposed;

3. there is a community need for the change proposed; and

4. the change will be in conformity with the public convenience, general welfare, and good zoning practice.

WHEREAS, in order to approve an Overlay Plan, the City Council must find (in accordance with PMC section 18.74.060) that the Overlay Plan:

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulations of the base zoning district.

WHEREAS, on July 1, 2024, the City Council held a duly-noticed public hearing to approve the proposed Zoning Map Amendment and Overlay Plan for the 0.90-acre property, at which time oral and/or written testimony was considered.

NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:

SECTION 1. Findings.

A. The City Council finds that each fact set forth in the preceding recitals is true and correct and incorporated by reference.

1. The proposed Zoning Map Amendment is consistent with and conforms to the 2040 General Plan. The project site has a land use designation of ‘Employment Center Industrial’. This land use designation is intended to foster “vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, business, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, data centers, technology and innovation, energy, hospitals and large-scale medical facilities, services, light and heavy automobile services, and supporting commercial uses.” The proposed Overlay District would be consistent with the intent of the ECI land use designation in that the proposed allowable uses within the overlay would include limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map.

The proposed Zoning Map Amendment is consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

B. It will ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

C. It will promote business development in a range of sectors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

F. It will encourage new businesses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

2. The proposed Zoning Map Amendment would be consistent with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that Employment Center Industrial uses, such as laboratories, custom and limited manufacturing, and research and development, are permitted within the Limited Industrial (IL) District. The proposed Limited Overlay for the 0.90-acre 383
Ordinance No. 24-1526 Page 4 of 6 July 15, 2024 property would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the IL District.

3. The proposed Zoning Map Amendment would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities in the manufacturing sector and encouraging employment growth as it improves the jobs/housing balance. The proposed Zoning Map Amendment would create additional employment opportunities within the City and generate property and sales taxes to help contribute to the City’s revenue stream. The proposed Zoning Map Amendment would allow for employment-generating uses that follow the prescribed development standards and design guidelines in the Overlay Plan.

4. The proposed Zoning Map Amendment would help the City achieve its Economic Development Objectives, by enhancing the assessed value of the land and creating additional employment opportunities. The proposed Zoning Map Amendment will be in conformity with the public convenience, general welfare, and good zoning practice, in that it will encourage development of employment and revenue- generating use, which could help eradicate existing problems that come with vacant, underutilized and blighted sites, such as illegal dumping and loitering.

5. The proposed Overlay Plan is necessary because there is a community need for light industrial uses and there are special or unique characteristics of the site or improvements that require land use and development regulations that cannot be adequately accommodated or controlled by the base zoning district.

6. The proposed Overlay Plan conforms to the 2040 General Plan, as described in Section 1(B)(1)(A – F) of this ordinance, and because it encourages new businesses under the ECI land use classification and provides increased flexibility regarding use types consistent with General Plan Policy 6-P-2.14 and Action 6-A-2.a.

SECTION 2. CEQA.

The proposed Zoning Map Amendment is subject to the California Environmental Quality Act (CEQA), and the CEQA Guidelines (Public Resources Code section 21080).

CEQA Guidelines Section 15164(a) provides that the lead agency or a responsible agency shall prepare an Addendum to a previously certified EIR or Negative Declaration (ND) if some changes or additions are necessary but none of the conditions described in CEQA Guidelines Section 15162 calling for preparation of a Subsequent EIR or ND have occurred.
384
Ordinance No. 24-1526 Page 5 of 6 July 15, 2024 Pursuant to the provisions of the CEQA Guidelines, an Addendum was prepared for the proposed Zoning Map Amendments to determine whether and to what extent the prior certified FEIR remains sufficient to address the potential impacts of the proposed Zoning Map Amendment, or whether additional documentation may be required under the California Environmental Quality Act (CEQA) (Public Resources Code [PRC] §§ 21000, et seq.).

SECTION 3. Amendment.

Based on the findings and the authority set forth above, the City Council hereby amends the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance) section 18.04.020, to change the zoning for a 0.90-acre site located at 2685 East Leland Road from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay), with accompanying Overlay Plan, as depicted in Exhibit A of this Ordinance.

SECTION 4. Effective Date.

This Ordinance shall be in full force and effective thirty (30) days after its adoption.

SECTION 5. Severability.

SECTION 6. Publication.

The ordinance shall be posted and published in accordance with California Government Code.
385
Ordinance No. 24-1526 Page 6 of 6 July 15, 2024 The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pittsburg held on July 1, 2024, and was adopted and ordered published at a meeting of the City Council held on July 15, 2024, by the following vote:

AYES:

NOES:

ABSTAINED:

ABSENT:

Juan Antonio Banales, Mayor
ATTEST:

Alice E. Evenson, City Clerk
386
Attachment 5 - Exhibit A
RZ 5 Zoning Map Amendment
Rezone 5 (RZ 5):

This item includes a Zoning Map Amendment from CS (Service Commercial) to IL-O (Limited Industrial
with Limited Overlay District) to allow for limited food processing, custom manufacturing and light industrial uses consistent with the 2040 General Plan Land Use Map on a 0.90- acre site located at 2685 East Leland Road.

APN Total
Approximate
Acreage
Existing Zoning Proposed Zoning Current Use
088-152-017 0.90 Service
Commercial (CS)
Limited Industrial
with a Limited
Overlay (IL-O)
Vacant
commercial
building
387
Zoning Map Amendment
RZ 5
CC -
Community Commercial/ GQ - Government & Quasi Public IL-O - Limited Industrial CS
– Service Commercial
RH
- High Density Residential RM - Medium Density Residential RS - Low Density Residential Fig. 1: Existing Zoning District
RZ 5
Site
388
Zoning Map Amendment
RZ 5
CC -
Community Commercial/ GQ – Government & Quasi Public IL-O - Limited Industrial CS
– Service Commercial
RH- High Density Residential RM
- Medium Density Residential RS - Low Density Residential Fig. 2: Proposed Zoning District
RZ 5
Site
389
Rezone 5
IL-O Land Use Regula�ons
Limited Industrial with a Limited Overlay (IL-O) District IL-O District Land Use Regulations
Land Use Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to Pittsburg Municipal Code (PMC) Section 18.54.010, with the addition of Administrative, Business, and Professional Offices, Data Center, Energy, Financial Offices, Government/Public Offices, Medical Offices and Medical Testing, Research and Development Services and Production, Manufacturing (Custom and Limited), Warehouse and Distribution (Interior and Exterior Storage) as defined in this Overlay District Ordinance.

IL-O District Property Development Regulations
Property Development Regulations for the IL-O District shall be the same as those of the base Limited Industrial (IL) District pursuant to PMC Section 18.54 .115, unless superseded by any applicable Condition of Approval, Specific Plan, Mas ter Plan, or as determined by the Zoning Administrator.

Applicants must submit a development application to the Community and Economic Development Department – Planning Division pursuant to PMC Section 18.12.010 and Chapter 18.32 for review and conformity with the standards listed therein and design review guidelines listed within PMC Section 18.36.200. The Zoning Administrator shall review the package and provide a determination for consistency with the IL-O District, prescribe applicable review procedure, and conditionally issue approval.

IL-O Additional Land Use Regulations
Use Classifications Definitions
Administrative, Business, and
Professional Offices

Establishment engaged in the provision of executive,
management, administrative, consulting, or professional services, such as architectural, design, engineering, real estate, information technology and technology support, insurance, investment, legal, sec retarial, accounting, graphic arts, typesetting, desktop publishing, advertising, marketing, title insurance, bail bonds, travel, entertainment, collection, or personnel agency. This classification includes health program administration or management offices and workspaces created for business incubators/incubation.

Data Center

Energy

A facility primarily comprised of mechanical and electrical spaces that will house energy production, energy conversion, and energy distribution equipment.
390

2 Financial Offices Financial institution , including credit union office or check cashing service, that provides retail banking services to individuals and businesses. This classification includes only those institutions engaged in the on- site circulation of cash money.

Hospitals and Large -Scale Medical
Facilities
Facility providing medical, surgical, psychiatric, or emergency medical services to sick or injured persons, primarily on an inpatient basis. This classification includes incidental facilities for out -patient treatment, as well as training, research, and administrative services for patients and employees.

Medical Offices and Medical Testing Offices of state -licensed firms or organizations that provide human physical and psychological health services and
resources, such as physicians, dentists, chiropractors, physical therapists, psychiatrists, psychologists, counseling and family planning ser vices, optometrists, or acupuncturists. This classification includes only those facilities intended for outpatient medical services, and may include medical/dental laboratory incidental to the office use.

Research and Development Services
and Production

Research and Development Services establishments are
primarily engaged in industrial or scientific research, including limited product testing. This classification includes electronic research firm or pharmaceutical research laboratory.

Research and Development Productions establishments are primarily engaged in the research, development, testing, and controlled production and wholesale of high-technology
electronic, industrial, or scientific products or commodities within an enclosed bui lding, but does not include uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Uses include biotechnology, film, and nontoxic electronic and computer component manufacturers.

Limited Custom Manufacturing

Limited Custom Manufacturing Industrial Activities include the small-scale production of artisan and/or custom products. This activity typically includes the production of finished parts or products by hand, involving the use of hand tools and small - scale equipment within enclosed buildings. Limited Custom Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties. This classification includes, but is not limited to, the production of:

A. Light Food Processing: Beverages (including alcoholic) and food (excluding the production of highly pungent,
odor-causing items, such as vinegar and yeast) within
an establishment totaling ten thousand (10,000) square
feet or less of floor area;
B. Cameras and photographic equipment;
C. Custom sign-making;
D. Custom clothing;
E. Custom furniture building and refinishing;
F. Professional, scientific, measuring, and controlling instruments;
G. Musical instruments;
391

3 H. Medical, dental, optical and orthopedic instruments and appliances, and similar items; and
I. Handicraft, art objects, and jewelry.

Light Manufacturing Light Manufacturing Industrial Activities include the manufacturing, compounding, processing, assembling,
packaging, or treatment of components or products, primarily from previously prepared materials, and typically within enclosed buildings. Light Manufacturing Industrial Activities do not produce noise, vibration, air pollution, fire hazard, or noxious emission that will disturb or endanger neighboring properties.

This classification includes, but is not limited to, the production or assembly of:

A. Production apparel manufacturing;
B. Computer and electronic products;
C. Pharmaceutical production;
D. Beverages (including alcoholic) and food (excluding the production of highly pungent, odor-causing items, such
as vinegar and yeast) with more than ten thousand
(10,000) square feet of floor area;
E. Electrical equipment, appliances, and components;
F. Furniture and related products;
G. Pharmaceutical production; and
H. Sporting and athletic goods.

Warehouse and Distribution (Interior
and Exterior Storage)

Establishment engaged in the wholesale, distribution and warehousing of goods. Uses in this category provide storage space for bulk quantities of commercial goods, or sell or arrange the sale of goods from suppliers to other wholesalers or retailers. Estab lishments under this classification may sort, package and label products for distribution, but do not display merchandise or accommodate walk-in retail customers.

With Interior Storage. Storage and handling of goods and equipment is entirely within an enclosed building.

392

OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Introduction and Waive First Reading of Five Ordinances Amending the Zoning Map and Establishing Limited Overlay Districts to Implement the 2040 General Plan Land Use Map, AP-24-0033 (RZ)
MEETING DATE: July 1, 2024

EXECUTIVE SUMMARY
This is a public hearing on a re quest to introduce and waive first reading of five ordinances approving amendments to the Zoning Map and es tablishing Limited Overlay Districts to implement the 2040 General Plan Land Use Map, as required by Government Code Section 65860. The City is proposing this initial set of Zoning Map Amendments while preparing a larger, comprehensive update to the Zoning Or dinance, which includes the City’s Zoning Regulations and Zoning Map. The comprehensive update will include additional consistency amendments to fully implement the 2040 General Plan land use designations, policies and implementation actions.

Details specific to each proposed rezone site , including Assessor Parcel Numbers (APNs), acreage, existing and proposed zoning designations, map, and Overlay Plan(s) are attached as Exhibit A to each proposed ordinance.

FISCAL IMPACT
There is no impact to the General Fund if this is approved.

RECOMMENDATION
City Council open the public hearing; take pub lic comment; close the public hearing and take the following action:

Introduce, waive further reading, and pass to second reading, five ordinances (Attachments 1 - 5) approv ing amendments to the Z oning Map and Establishing Limited Overlay Districts.

Attachment 6
393

BACKGROUND

On April 30, 2024, City staff filed Planning Application No . 24-0033 (RZ), proposing five Zoning Map Amendments to implement new land use designations consistent with the 2040 General Plan Land Use Map, as required by Government Code Section 65860. See Attachment 1 for a Vicinity Map of the proposed Zoning Map Amendments.

The City is proposing this initial set of Zoning Map Amendments whil e preparing a larger, comprehensive update to t he Zoning Ordinance, which includes the City’s Zoning Regulations and Zoning Map. The comprehensive update will include additional consistency amendments to fully implement 2040 General Plan land use designations, policies and implementation actions. For reference, the proposed Zoning Map Amendments do not indicate a decision by the City to approve or disapprove any specific development project.

On June 11, 2024, the Planning Commission held a public hearing to consider the proposed Zoning Map Amendments. Following public testimony and de liberations, the Planning Commission adopted Resolution No. 10247 (Attachment 2), recommending City Council approval of the proposed Zoning Map Amendments.

PROJECT DESCRIPTION:

Rezone 1 (RZ 1):

This item includes a Zoning Map Amendment fr om IG-O (General Industrial with Limited Overlay District) and IG (General Industrial District), to IG-O (General Industrial with Limited Overlay District), CW-O (Waterfront Commercial with Limited Overlay District), IL-O (Limited Industrial with Limited Overlay District), RS-4 -O/RS-5-O (Single Family Residential 4,000 - 5,000 Square Foot Minimum Lot Size with Li mited Overlay District), RM-O/RH-O (Medium- to-High Density Residential with Limited Ov erlay District), and RH-O (High Density Residential with Limited Overlay District).

CW-O, IG-O, and IL-O Zoning District Overlays woul d allow for applicable base district uses and Employment Center Industrial (ECI) uses, including uses such as data centers, technology and innovation developments, and clean energy uses and infrastructure consistent with the 2040 General Plan Land Use Map.

RS-4-O/RS-5-O, RM- O/RH-O, a nd RH-O Zoning District Overla ys would allow for various single and multi-family residentia l development patterns, including single family residential detached, single family residential attached, multi-family residential, and mixed-use residential development consistent with the 2040 General Plan Land Use Map.

The parcels that comprise the RZ 1 Zoning Map Amendment ar e located at the northwestern corner of the City limits, north of Willow Pass Road.

Details specific to the proposed RZ 1 Zoning Map Amendment, incl uding APNs, acreage, existing and proposed zoning designations, map, and Overlay Plans can be found in Attachment 3 - Exhibit A.

394

Rezone 2 (RZ 2):

This item includes a Zoning Map Amendment fr om OS (Open Space District) to IL-O (Limited Industrial with Limited Overlay District) to allow for Employment Center Industrial (ECI) uses consistent with the 2040 General Plan Land Use Map on a 103.14-acre site located on the eastern half of the former Delta View Golf Course south of West Leland Road near 2222 Golf Club Road.

Details specific to the proposed RZ 2 Zoning Map Amendment, incl uding APNs, acreage, existing and proposed zoning designations, m ap, and Overlay Plan can be found in Attachment 4 - Exhibit A.

Rezone 3 (RZ 3):

This item includes a Zoning Map Amendment from OS-O (Open Space with Limited Overlay District) and HPD (Hillside Planned District) to CC (Community Commercial District) to allow for commercial uses consistent with the 2040 General Plan Land Use Map on a 11.59-acre site located at the western limits of the City, south of State Route 4 adjacent to Avila Road.

Details specific to the proposed RZ 3 Zoning Map Amendment, incl uding APNs, acreage, existing and proposed zoning designations, and map can be found in Attachment 5 - Exhibit A. Land use and property development regulati ons for the proposed RZ 3 Zoning Map Amendment would follow those of the Community Commercial Dis trict in Chapter 18.52 of Pittsburg Municipal Code (PMC). For this reason, an Overlay Plan does not accompany the RZ 3 Zoning Map Amendment.

Rezone 4 (RZ 4):

This item includes a Zoning Map Amendment from CW (Waterfront Commercial District) and IG (General Industrial District) to CW-O (Waterfront Commercial with Limited Overlay District) to allow for waterfront comm ercial, technology and innovation, limited manufacturing, clean energy and infrastructure uses consistent with the 2040 General Plan Land Use Map on 22.78-acre site loca ted north of East Third Str eet, at the intersection of Harbor and East Third Streets.

Details specific to the proposed RZ 4 Zoning Map Amendment, incl uding APNs, acreage, existing and proposed zoning designations, m ap, and Overlay Plan can be found in Attachment 6 - Exhibit A.

Rezone 5 (RZ 5):

This item includes a Zoning Map Amendment from CS (Service Commercial District) to IL-O (Limited Industrial with Limited Overlay District) to allow for limited food processing, custom manufacturing and light industria l uses consistent with the 2040 General Plan Land Use Map on a 0.90-acre site located at 2685 East Leland Road.

Details specific to the proposed RZ 5 Zo ning Map Amendment, incl uding APN, acreage, existing and proposed zoning designation, map, and Overla y Plan can be found in Attachment 7 - Exhibit A.

395

GENERAL PLAN/CODE COMPLIANCE:

The proposed Zoning Map Amendments are necessa ry to achieve consistency between the City’s Zoning Map and General Plan, as required by Government Code section 65860.

City of Pittsburg 2040 General Plan

Rezone 1 (RZ 1): Under the 2020 General Plan, the RZ 1 site wa s within the ‘Northwest River’ Subarea and had land use designations of Open Space and Industrial. The 2040 General Plan includes the RZ 1 site wit hin the ‘North Central River’ Subarea and redesignated the site to: Employment Center Industrial , Industrial , Open Space, Medium Density Residential, High Density Residential , Very High Density Residential , Marina Commercial, Service Commercial and Park . Descriptions of each land use designation are provided below:

Properties within the ECI designation are intended to foster vibrant, diverse, and dynamic employment hubs that accommodate technology , advanced manufacturing, logistics, and other sectors that generate substantial employment opportunities; uses may also include administrative, financial, busin ess, professional, medical and public offices, business incubators, research and development, custom and light manufacturing, limited assembly, warehousing and distribution, dat a centers, technology and innov ation, energy, hospitals and large-scale medical facilities, servic es, light and heavy automobile services, and supporting commercial uses.

Properties within the Industrial designation are intended to prov ide sites for manufacturing, wholesale, warehousing and dist ribution, commercial and business services, research and development, storage uses, agricultural, f ood and drug, and industria l processing; small restaurant and ancillary commercial uses are permitted subject to design standards.

Properties within the Open Space designation are sites with safety constraints, such as riparian corridors, sensitive hab itats, and wetlands. No construc tion is allowed on land unsuitable for development due to safety constraints or protected natural resources.

Properties within the Medium Density Residential designation are intended to provide sites for one or two-story garden apartments, townhouses, and single-family residential (attached or detached).

Properties within the High Density Residential designation are intended to provide sites for a wide range of housing types from single-family attached units to multi-family complexes.

Properties within the Very High Dens ity Residential designation are in tended to provide sites for multi-family housing and attached single-family residential.

Properties within the Marina Commercial designation are intended to provide sites for waterfront-oriented uses, including recreati onal, visitor and community uses, business and professional services, offices, convenience sa les, restaurants, public marketplaces, repair services, specialty retail (such as boat sa les and repair), hotel/m otel with a coastal orientation, recreational facilities, resear ch and development, custom manufacturing, and marinas.

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Properties within the Service Commercial designation are intended to provide sites for commercial business with potentially intense levels of noise or traffic, including automobile sales and services, building materials, nur series, equipment rentals, contractors, wholesaling, warehousing, storage, and similar uses; offi ces, retail uses, restaurants, and convenience stores allowed as ancillary uses; residential uses permitted above ground floor commercial uses.

Properties within the Park designation are intended to provide sites for parks, recreation complexes, community fields, public golf cour ses, stadiums, greenways, local and regional trails.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the proposed RZ 1 Zoning Districts as implement ing Zoning Districts for the land use designations described above.

Rezone 2 (RZ 2): Under both the 2020 and 2040 General Pl ans, the RZ 2 site remains within the ‘West Leland’ Subarea. Under the 2020 General Plan, the RZ 2 site had a land use designation of Park. The 2040 General Plan redesigna ted the entire RZ 2 site to Employment Center Industrial (ECI).

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the ECI land use designation.

Rezone 3 (RZ 3): Under both the 2020 and 2040 General Pl ans, the RZ 3 site remains within the ‘Southwest Hills’ Subarea. Under the 2020 General Plan, the RZ 3 site had land use designations of Open Space and Hillside Low Density Residential . The 2040 General Plan redesignated the entire RZ 3 site to Community Commercial.

Properties within the Community Commercial designation are intended to provide sites for commercial and community-serving businesses, in cluding retail stores, eating and drinking establishments, commercial recreation and entertainment, service stations, financial, educational and social services.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CC (Community Commercial District) as an implementing Zoning District for the Community Commercial land use designation.

Rezone 4 (RZ 4): Under both the 2020 and 2040 General Pl ans, the RZ 4 site remains within the ‘Downtown’ and ‘Northeast River’ Subareas. Under the 2020 General Plan, the RZ 4 site had land use designations of Marine Commercial, Park and Industrial. The 2040 General Plan redesignated the entire RZ 4 site to Marina Commercial.

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Properties within the Marina Commercial designation are intended to provide sites for waterfront-oriented uses, including recreati onal, visitor and community uses, business and professional services, offices, convenience sa les, restaurants, public marketplaces, repair services, specialty retail (such as boat sa les and repair), hotel/m otel with a coastal orientation, recreational facilities, resear ch and development, custom manufacturing, and marinas.

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the CW (Waterfront Commercial District) as an implement ing Zoning District for the Marina Commercial land use designation.

Rezone 5 (RZ 5): Under both the 2020 and 2040 General Pl ans, the RZ 5 site remains within the ‘Loveridge’ Subarea. Under the 2020 General Plan, t he RZ 5 site had a land use designation of Business Commercial. The 2040 General Plan redesignated the RZ 5 site to Employment Center Industrial (ECI).

Table 2-2 (Land Use and Zoning Consistency Matrix) of the 2040 General Plan identifies the IL (Limited Industrial District) as an implementing Zoning District for the ECI land use designation.

The proposed Zoning Map Am endments are consistent with the following 2040 General Plan Goals, Policies and Actions:

a. Goal-2-1: Promote optimal, orderly, well- planned, and diverse land uses, including a compact urban form within the City’s projected municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites.

b. Policy 2-P-1.3: Ensure consistency and compatibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations.

c. Action 2-A-1.a: Update t he City’s Zoning Ordinance and Subdivision Regulations to be consistent with the General Plan, including the General Plan Diagram.

d. Goal-2-4: Promote business development in a range of sect ors that contribute to the local and regional economy, provide high -wage and skilled jobs for Pittsburg residents.

e. Policy 2-P-4.2: Encour age the development and intens ification of employment centers, including high qua lity, professional office campuses, business parks, and industrial parks, along with innovation dist ricts, related mixed-use development and open spaces. The centers shall be loca ted in areas fully served by public facilities and services, located along major arterials with easy freeway access and with access from public transit, and accessible to bicyclists and pedestrians.

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f. Goal 6-2: Facilitate attraction, retention, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City.

g. Policy 6-P-2.6: Facilitate the revitalization of existing shopping centers, business parks, industrial areas, and key corridors as needed in order to meet the economic development goals of the City.

h. Policy 6-P-2.7: Facilitate and encourage more efficient use of the City’s industrial and employment-generating land supply, cr eating higher employment densities and high-quality jobs, while discouraging the use of large sites and buildings with low intensity uses and other uses that may compromise the sustainability of these areas.

i. Policy 6-P-2.14: Encourage new businesses and project development under the Employment Center Industrial land use classification.

j. Action 6-A-2.a: Review, and update as necessary, zoning and other development regulations and application review and permitting process to ensure consistency with General Plan land use policies aim ed at spurring job growth and economic development. Revisions may include increased flexibility regarding use types, business operations, site development standards, reduced parking standards near transit stations, or other changes int ended to reduce impediments to development consistent with the goals of this General Plan.

k. Goal-2-17: To transform the NRG brownfield site into a vibrant community hub with diverse amenities, integrating river access, commercial and entertainment uses, high-quality jobs creation, a mix of housing types, and su stainable management of open spaces.

l. Policy 2-P-17.1: Support the remediation and revitalization of this site as a master- planned community with sustainable and resilient design that provides opportunities to work, live, and play and addresses Pittsburg’s jobs/housing balance, recreation, economic development, and public use needs.

Zoning:

Chapter 18.48 PMC sets forth procedures fo r amendments to the Zoning Map and Chapter

18.74 PMC sets forth procedures for approval of an Overlay Plan.

Proposed Zoning Map Amendments fo r RZ1, RZ 2, RZ 4 and RZ 5 sites include the use of Limited Overlay Districts. The purpose of the Limited Overlay District is to:

A. Allow for the establishment of control on an individual lot or group of individual lots that will supersede or supplement the requirements of the base district;

B. Allow for flexibility from the normal l and uses and regulations of the base district consistent with the general plan;

C. Ensure the preservation of specific features of a particular site or area;

D. Ensure the preservation of the character of the area in proximity to a particular site;

E. Provide specific development regulations in order to ta ke advantage of the unique characteristics or location of a particular site or area that would be limited by the land use requirements of the base zoning district.

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Pursuant to PMC section 18.74.060, an Overlay Plan shall be processed in accordance with Chapter 18.48 PMC at the same time as consideration of the Zoning Map Amendment to an Overlay District. Proposed Overlay Plans for RZ1, RZ 2, RZ 4 and RZ 5 sites are provided in Exhibit A of Attachments 3, 4, 6 and 7.

Required Findings – Zoning Map Amendment: In order to appr ove zoning changes, the City Council must determine, in accordance with PMC section 18.48.030, that:

A. the change proposed is cons istent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan;

B. in the case of a base district, overlay di strict or general land use regulation, the change proposed is compatible with the uses authoriz ed in, and the regulations prescribed for, the land use district for which it is proposed;

C. a community need is demonstrat ed for the change proposed; and

D. its adoption would be in conformity wit h public convenience, general welfare and good zoning practice.

Required Findings – Overlay Plan: In order to approve an Overlay Plan, the City Council must determine, in accordance with PMC section 18.74.060, that the Overlay Plan:

1. Is necessary because there are special or unique characteristics of the site or improvements that require land use and development r egulations that cannot be adequately accommodated or controlled by the base zoning district;

2. Conforms to the general plan; and

3. Generally complies with the land use and development regulati ons of the base zoning district.

A full analysis of how the proposed Zoning M ap Amendments meet the required findings is provided in Section 1 (Findings) of each Ordinance (Attachments 3 - 7).

Environmental Review: A Final Environment al Impact Report (FEIR) was prepared and certified in accordance with CEQA to evaluat e the environmental impacts of approval and implementation of the 2040 General Plan. On May 6, 2024, the Pittsburg City Council adopted the 2040 General Plan and ce rtified the FEIR in Resolution Nos. 24-14463 and 24- 14464, making the required findings under CEQA (State Clearinghouse No. 2022040427).

The project analyzed in the FEIR was the City of Pittsburg’s 2040 General Plan which is a comprehensive update of the policies of the City’ s 2020 General Plan and includes new or revised policies that address:

 Updates to the City’s Subareas, Land Use Map and Land Use Designations  Core Values of Sustainability Equity, Co mmunity Health and Environmental Justice  Commitment to Enhancing Community Character
 Mobility, Circulation, Active Transpor tation and Access to Regional Transportation  Support for Quality Education and Re creation Services and Opportunities  Business Attraction, Re tention and Promotion
 Access to Parks, Recreation and Entertainment
 Commitment to Arts, Culture, Co mmunity Services and Resources  Safety and Resiliency Element, including Climate Adaptation  Inclusion of Measurable Implementation Actions
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 Updates to State Law (SB 1000, SB 743, AB 2923, AB 2097, etc.)

The City has determined that no new or significant environmental effects, no substantial changes to circumstances or to previously i dentified significant effects, no significant revisions to mitigation measures and no new mitigation measures or alternatives would be associated with the proposed project. As descr ibed in Section 15162 (b), the Lead Agency (City of Pittsburg) has determined that an A ddendum, consistent with Government Code Section 15164, is the appropriate course to address potential env ironmental impacts associated with the proposed project. The Addendum must be considered by the City Council for Planning Application No. AP-24-0033 (RZ).

See Attachment 8 for a link to the CEQA Addendum.

Public Notice: On or prior to June 21, 2024, in accordance with Government Code sections 65090 and 65091, and PMC sect ion 18.14.020, a “Notice of Public Hearing,” for the July 1, 2024, public hearing on this item was published in the East County Times; was posted at City Hall, the Pittsburg Library, the Marina Community Center, the Pittsburg Senior Center and on the “Public Notices” secti on of the City’s websit e. The City also sent the notice to local service agencies whose services might be affected by the proposed City-Initiated Zoning Map Amendments, and to in dividuals who had previously filed a written request for public hearing notices. Lastly, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent direct ly to all subscribed resident s in all neighborhoods within Pittsburg City limits.

See Attachment 9 for the Public Hearing Notice.

SUBCOMMITTEE FINDINGS

This item was not reviewed by a subcommittee.

STAFF ANALYSIS

In order for the City Council to approve amendments to the Zoning Map, it must find that the Zoning Map Amendments are consistent with the objectives, policies, general land uses and programs specified in the Ge neral Plan; that there is a community need; that the amendments proposed would be in conformity with public convenience, general welfare and good zoning practice, and, in the case of an Overlay District, that the change proposed is compatible with the uses author ized in, and the regulations pr escribed for, the land use district for which it is proposed.

Staff believes the findings to support the proposed Zoning Map Amendm ents can be made because State law requires the City's Zoning Ordinance to be consistent with the General Plan. The proposed Zoning Map Am endments are consistent with the objectives, policies, general land uses, and programs specified in the 2040 General Plan, in that:

A. They will promote optimal , orderly, well-planned, and diverse land uses, including a compact urban form within the City’s project ed municipal boundary that provides a mix and distribution of uses to meet Pittsburg’s needs, including mixed-use development, infill development, and reuse and revitalization of underutilized and brownfield sites (Goal G-2-1) Check new GP Goals and policies.

B. They will ensure consistency and compat ibility between the Land Use Map, land use designations, and implementing plans, ordinances, and regulations (Policy 2-P-1.3).

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C. They will promote business development in a range of sect ors that contribute to the local and regional economy, provide high-wage and skilled jobs for Pittsburg residents (Goal G-2-4).

D. They will support office, business, and indus trial land uses that will improve the City’s employment base through high- quality, well-paid jobs that attract the technology, energy, and industrial sectors desired by the community (Policy 2-P-4.5).

E. They will facilitate attraction, retenti on, and expansion of businesses that meet the City’s economic development objectives and maintain a desirable climate for conducting business in and with the City (Goal G-6-2).

F. They will encourage new busine sses and project development under the Employment Center Industrial land use classification (Policy 6-P-2.14).

The proposed Zoning Map Amendments would be consistent with the uses authorized in, and the regulations prescribed for, the land use districts for which they are proposed, in that allowable uses are permitted within the base District and the proposed individual Overlay Plans would require that all allowed uses and development standards follow the Overlay Plan which contains similar uses allowed in the base District.

The proposed Zoning Map Amendments would help achieve the objectives in the Economic Development Element of the 2040 General Plan by expanding business opportunities and encouraging employment growth as it improves the jobs/ housing balance. The proposed Zoning Map Amendments would cr eate additional employment o pportunities within the City and generate property and sales taxes on vacant, underutilized sites to help contribute to the City’s revenue stream. The proposed Z oning Map Amendments would allow for employment-generating uses th at follow the prescribed devel opment standards and design guidelines in each individual Overlay Plan.

The proposed Zoning Map Amendments would be in conformity with the public convenience, general welfare, and good zoning practice, in that they will encourage development of employment and revenue-gener ating uses, which could help eradicate existing problems that come with blighted sites, such as illegal dumping and loitering.

ATTACHMENTS:

1. Vicinity Map

2. Planning Commission Resolution No. 10247

3. Ordinance for Rezone 1
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plans

4. Ordinance for Rezone 2
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

5. Ordinance for Rezone 3
a. Exhibit A – Zoning Map Amendment Description and Map

6. Ordinance for Rezone 4
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

7. Ordinance for Rezone 5
a. Exhibit A – Zoning Map Amendment Description, Map and Overlay Plan

8. CEQA Addendum to 2040 General Plan FEIR

9. Public Hearing Notice
Prepared by: Alison Spells, Associate Planner

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Pittsburg City CouncilJuly 15, 2024

Pittsburg City Council
July 15, 2024