BEFORE THE PLANNING COMMISSION OF THE CITY OF PITTSBURG In the Matter of:
Recommending the City Council
1) Assign Zoning )
of PD (Planned Development) District to Properties )
Located within the Pittsburg Technology Park Specific ) Plan Area, 2) Adopt the Pittsburg Technology Park )
Specific Plan, 3) Approve the Vesting Tentative Map ) Resolution No. 10255 for a 12-Lot Major Subdivision, and 4) Certify the Final ) Program Environmental Impact Report and Adopt )
CEQA Findings of Fact and a Mitigation Monitoring )
and Reporting Program (MMRP) for the Pittsburg )
Technology Park Specific Plan Project, Planning )
Application No. 24-0028 (PD, SUBD, EIR) )
The Planning Commission DOES
RESOLVE as follows:
Section 1. Background
A. On March 1, 2018, the 175
-acre Delta View Golf Course ceased operations and
closed.
B. On March 19, 2018, the City Council directed staff to explore the possible uses suggested by the public for the site, and to bring options back for further consideration.
C. On May 7, 2018, the City Council held a public meeting related to potential options available for reuse of the site. At the conclusion of that meeting, direction was provided to pursue both economic development and multi-purpose recreational opportunities, with the idea that economic development would help generate the funds needed to develop new diverse recreational opportunities for the community.
D. The City subsequently entered into an Option Agreement with a developer for a conceptual technology park development on a portion of the former Delta View Golf Course which led to informational meetings in 2019 with the Land Use Subcommittee, Planning Commission and local residents.
E. On March 22, 2024, Stephanie Morgan Whitmore of WSP USA, on behalf of Pittsburg Data Hub, LLC, filed Planning Application No. AP-24 -0028 (PD, SUBD,
EIR) for the proposed Pittsburg Technology Park Specific Plan and Vesting Tentative Map for a 12-Lot Major Subdivision (and associated Environmental Impact Report) on an approximately 76.38-acre site located on the eastern half of the former Delta View Golf Course, south of West Leland Road, located at 2222 Golf Club Road. Assessor Parcel Numbers (APNs): 095-160-001, 095-160-002 Attachment 5
Planning Commission Recommendation
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and 094-080-046.
F. The proposed project is governed by the applicable goals and policies of the 2040 General Plan and the Pittsburg Municipal Code (PMC). Specific Plans are also governed by Government Code section 65450.
G. PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed zoning changes, including amendments to reclassify properties to Planned Development (PD) Districts, and requires that the Planning Commission determine, prior to making its recommendation, that:
1. t he change proposed is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable specific plan;
2. in the case of a base district, overlay district or general land use regulation, the change proposed is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed;
3. a community need is demonstrated for the change proposed; and
4. i ts adoption will be in conformity with public convenience, general welfare and good zoning practice.
H. PMC section 18.62.060(A) states that a specific plan shall be processed at the same time as consideration of the application for reclassification to a PD district and that a recommendation of the Planning Commission to reclassify to a PD district must also include a recommendation for City Council approval of a specific plan.
I. PMC section 17.12.010 identifies the Planning Commission as the advisory body to the City Council on proposed tentative maps when consolidated with one or more applications for other approvals which are subject to final approval by the City Council. In order to recommend City Council approval of a Vesting Tentative Map, the Planning Commission must determine, in accordance with PMC section
17.20.060(c), that:
1. the proposed map is consistent with the General Plan and any applicable specific plan, or other applicable provision of PMC;
2. the site is physically suitable for the type of development;
3. the site is physically suitable for the proposed density of development;
4. the design of the subdivision or the proposed improvements will not cause 213
substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
5. the design of the subdivision or the type of improvements will not cause serious public health problems; and
6. the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
J. The City of Pittsburg, as lead agency, determined that the proposed Pittsburg Technology Park Specific Plan (Specific Plan) is a "project" within the meaning of CEQA. CEQA requires the preparation of an EIR prior to approving any project that may have a significant impact on the environment.
K. CEQA Guidelines identify several types of EIRs, each applicable to different project circumstances. Given the conceptual nature of future build out of the Plan Area described in the proposed Specific Plan, the EIR prepared for the proposed project is a Program EIR (“PEIR”), pursuant to the definition of Program EIR in CEQA Guidelines Section 15168.
L. From February 28, 2024, to March 29, 2024, the City, serving as the Lead Agency, distributed a Notice of Preparation (NOP) of an EIR for the proposed project (SCH #2024030184). The City held a public scoping meeting on March 14, 2024, to provide an opportunity for the public and representatives of public agencies to address the scope of the PEIR. Based on feedback received during the NOP period, the PEIR was drafted to address potentially significant impacts associated with the following 15 environmental topic areas: aesthetics, air quality, biological resources, cultural and tribal cultural resources, geology, greenhouse gas emissions and energy, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, public services and recreation, transportation, utilities and service systems, and wildfire.
M. On July 3, 2024, the City circulated a Notice of Availability (NOA) of the Draft PEIR for the proposed project for a 45-day public review period beginning July 3, 2024, and ending on August 19, 2024. City staff held a public meeting on July 25, 2024, to introduce the project and accept public comment on the Draft PEIR for the proposed project. Comments were accepted during the meeting and in advance of the meeting, via voice messages and email, as well as throughout the public comment period via U.S. mail and email.
N. As identified in the Draft PEIR, significance criteria thresholds in CEQA Guidelines Appendix G were addressed for each topic area identified in the NOP distributed at the start of the EIR process. All topic areas were found to have a less than significant environmental impact, seven areas with mitigation incorporated: Air Quality, Biological Resources, Cultural and Tribal Resources, 214
Geology and Soils, Noise, Transportation and Circulation and Wildfires.
O. The City received 12 comment letters during the 45-day review period for the Draft PEIR. In accordance with CEQA Guidelines Section 15088, the Final PEIR responds to the written comments received on the Draft PEIR. No new significant environmental impacts or issues, beyond those already covered in the Draft PEIR for the proposed project were raised during the comment period.
Responses to comments received during the comment period do not involve any new significant impacts or add “significant new information” that would require recirculation of the Draft PEIR pursuant to CEQA Guidelines Section 15088.5.
P. The Draft PEIR and Final PEIR combined constitute the complete Pittsburg Technology Park Specific Plan PEIR. The City Council is the approval body for certification of the PEIR. Pursuant to CEQA Guidelines section 15025 (c), the Planning Commission must consider the Draft and Final PEIRs as an advisory body that is making a recommendation on the proposed project.
Q. Section 15091 of CEQA requires the City to make written findings when it approves a project for which an EIR was certified. For this reason, the Final PEIR document for the proposed Pittsburg Technology Park Specific Plan is accompanied by CEQA Findings of Fact. These findings are recommended to be adopted by the City Council as part of certification of the Final PEIR.
R. Section 15097 of CEQA requires all State and local agencies to establish monitoring or reporting programs for projects approved by a public agency whenever approval involves the adoption specified environmental findings (CEQA Findings of Fact) related to EIRs. A Mitigation Monitoring and Reporting Program (MMRP) for the proposed project has been developed. Monitoring and documenting the implementation of mitigation measures will be coordinated by the City of Pittsburg. The MMRP is recommended to be adopted by the City Council as part of certification of the Final PEIR.
S. On or prior to Friday, August 30, 2024, in accordance with Government Code sections 65090 and 65091, and PMC section 18.14.020, a “Notice of Public Hearing,” for the September 10, 2024, public hearing on this item was published in the East County Times; was posted at City Hall, the Pittsburg Library, and on the “Public Notices” section of the City’s website. The City also mailed the notice via U.S. mail to owners of property located within 500 feet of the Plan Area, sent the notice to local service agencies whose services might be affected by the proposed project, and to individuals who had previously filed a written request for such notice. Lastly, a copy of the notice was posted on www.nextdoor.com (“Nextdoor”) and was sent directly to all subscribed residents in the Nextdoor neighborhoods adjacent to the project site.
T. On Tuesday, September 10, 2024, the Planning Commission held a public hearing on Planning Application No. AP-24-0028 (PD, SUBD, EIR), at which time 215
additional oral and/or written testimony was considered.
Section 2. Findings
A. Based on the Planning Commission staff report entitled, “Pittsburg Technology Park Specific Plan, AP-24-0028 (PD, SUBD, EIR),” dated September 10, 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 Planning Commission finds that:
1. All recitals above are true and correct and are incorporated herein by reference.
2. The Draft PEIR and Final PEIR prepared for this project were prepared in compliance with Public Resources Code section 21000 et seq, and that the Commission has independently reviewed and considered the information contained therein.
Zoning Map:
3. Pursuant to PMC section 18.16.020, before the Planning Commission makes its recommendation on an application for (1) a change of zoning district applicable to the subject property or (2) a change in the text of a land use regulation, it shall make specific written findings in accordance with PMC 18.48.030.
4. PMC section 18.62.060(A) states that a specific plan shall be processed at the same time as consideration of the application for reclassification to a PD district and that a recommendation of the Planning Commission to reclassify to a PD district must also include a recommendation for City Council approval of a specific plan.
5. The proposed Zoning Map Amendment to reclassify properties located within the Pittsburg Technology Park Specific Plan Area to a Planned Development (PD) District is consistent with the objectives, policies, general land uses and programs specified in the 2040 General Plan and the applicable specific plan in that:
a. The Plan Area is designated as “Employment Industrial Center (ECI)” in the 2040 General Plan. This land use
designation is described in the 2040 General Plan as
“fostering vibrant, diverse, and dynamic employment hubs that accommodate technology, advanced manufacturing,
logistics, and other sectors that generate substantial
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employment opportunities; uses may 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”.
b. Permitted land uses within the Plan Area are based on the “Employment Center Industrial (ECI)” land use designation.
Each permitted use, such as, administrative, business and professional offices, financial offices, government/public offices and medical offices would be subject to the
development standards and design guidelines and land use entitlement procedures and actions outlined in the proposed Specific Plan.
c. The proposed Specific Plan would guide development for a diverse employment center on a vacant portion of the former Delta View Golf Course. The proposed Specific Plan serves as a policy document with guidelines to develop a
technology park. The proposed Specific Plan would be
consistent with the City’s goal of providing a mix and
distribution of uses on an under-utilized site (Goal 2-1).
d. The proposed Specific Plan will identify and allocate adequate lands in strategic locations throughout Pittsburg to accommodate and encourage employment growth, focusing
on sectors that provide high-paid and high-quality jobs and continue to promote business development sites through
Think Pittsburg and other local programs (Policy 2-P-4.1).
e. The proposed Specific Plan will encourage the development and intensification of employment centers, including high quality, professional office campuses, business parks, and industrial parks, located 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 (Policy 2-P-4.2).
f. The proposed Specific Plan 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).
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g. The proposed Specific Plan 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).
h. The proposed Specific Plan 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).
i. The proposed Specific Plan will encourage new businesses and project development under the Employment Center
Industrial land use classification (Policy 6-P-2.14).
6. The proposed Zoning Map Amendment to reclassify properties located within the Pittsburg Technology Park Specific Plan Area to a Planned Development (PD) District is compatible with the uses authorized in, and the regulations prescribed for, the land use district for which it is proposed, in that allowable uses within the Plan Area are permitted within the IL-O Zoning District Overlay and would be regulated by the Site Design, Development Standards and Design Guidelines within the proposed Specific Plan.
7. There is a community need for the proposed Zoning Map Amendment to reclassify properties located within the Pittsburg Technology Park Specific Plan Area to a Planned Development (PD) District in that future development consistent with the proposed Specific Plan: 1) 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, 2) would create additional employment opportunities within the City and generate property and sales taxes on vacant, underutilized sites to help contribute to the City’s revenue stream and 3) would allow for employment- generating uses that follow the prescribed development standards and design guidelines within the proposed Specific Plan.
8. Adoption of the proposed Zoning Map Amendment to reclassify properties located within the Pittsburg Technology Park Specific Plan Area to a Planned Development (PD) District would be in conformity with the public convenience, general welfare, and good zoning practice, in that the proposed Specific Plan is intended to be a long-range planning document which provides a framework for future buildout and development.
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Vesting Tentative Map for Major Subdivision:
9. The Vesting Tentative Map for the proposed 12-Lot, Major Subdivision is consistent with the 2040 General Plan land use designation of Employment Industrial Center, as described in Section 2.A.5.a above, and the proposed Specific Plan.
10. The project site is physically suitable for the type of development proposed in that the site is vacant and undeveloped, the proposed building envelopes avoid sensitive habitat and the site is surrounded by existing infrastructure, minimizing the amount of work and investment needed to extend utilities and services to the site.
11. The project site is physically suitable for the proposed density of development, in that lands south of the Plan Area are owned by the Keller Canyon Landfill Company, and land uses east of and neighboring the Plan Area are within a designated Pacific Gas & Electric Corridor Conversion Overlay. While properties north of the Plan Area are primarily designated as “Low Density Residential,” there are also “Public/Institutional” uses all served primarily by West Leland Road.
12. The design of the proposed subdivision and accompanying improvements will not cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat, if the project is required to comply with all measures in the Mitigation Monitoring and Reporting Program (MMRP) included as Attachment 9 to the Staff Report described in Section 2.B below.
13. The design of the subdivision and type of improvements proposed will not cause serious public health problems, in that the project site is not listed on the California Department of Toxic Substances Control Hazardous Waste and Substances Site List and conditions of approval will require all site improvements comply with all local, City, State and federal regulations.
14. The design of the subdivision and type of improvements proposed will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, in that there are no existing public access easements on the site. The proposed map identifies a new private roadway (with a public utility easement) that will connect the Plan Area to existing public roadways, and two options for emergency vehicle access into and around the site.
B. The Staff Report entitled, “Pittsburg Technology Park Specific Plan, AP-24-0028 (PD, SUBD, EIR),” dated September 10, 2024, is referenced hereto as additional support for findings.
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Section 3. Decision
Based on the findings and the authority set forth above, the Planning Commission hereby recommends that the City Council adopt an ordinance and resolution to:
A. A mend the Zoning Map, as referenced in Pittsburg Municipal Code, Title 18 (Zoning Ordinance), section 18.04.020, to assign zoning of PD (Planned Development) District to properties located within the Pittsburg Technology Park Specific Plan Area as substantially presented in Exhibit A of this resolution; and
B. Adopt the Pittsburg Technology Park Specific Plan included as Attachment 2 to the Staff Report described in Section 2.B above; and
C. Approve Vesting Tentative Subdivision Map (Tract No. 9700) subdividing the property described in section 1.E above into 12 lots for future development pursuant to the Pittsburg Technology Park Specific Plan, as substantially presented in Exhibit B of this resolution; and
D. Certify the Final Program Environmental Impact Report for the Pittsburg Technology Park Specific Plan Project, a digital copy of which is provided as Attachment 7 to the Staff Report described in Section 2.B above; and
E. Adopt CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP) for the Pittsburg Technology Park Specific Plan Project included as Attachments 8 and 9 to the Staff Report described in Section 2.B above.
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Section 4. Effective Date
This resolution shall take effect immediately upon its adoption.
On motion by Commissioner Gordon , seconded by Commissioner Foster, the foregoing resolution was passed and adopted the 10th day of September, 2024, by the Planning Commission of the City of Pittsburg, California by the following vote:
AYES: Gordon, Foster, Popova, Kobata
NAYES: Robinson, Smith
ABSTAIN: None
ABSENT: Stokes
I hereby certify that the above Resolution was adopted by the Planning Commission of the City of Pittsburg on September 10
, 2024.
______________________________________
JOHN FUNDERBURG, SECRETARY
PITTSBURG PLANNING COMMISSION
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Attachment 6
Link to Draft PEIR
Pittsburg Technology Park Specific Plan, AP-24-0028 (PD, SUBD, EIR)
Available online at the link below:
https://www.pittsburgca.gov/home/showpublisheddocument/16421/638555438800570000
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Attachment 7
Link to Final PEIR
Pittsburg Technology Park Specific Plan, AP-24-0028 (PD, SUBD, EIR)
Available online at the link below:
https://www.pittsburgca.gov/home/showpublisheddocument/16644/638606258984319442
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65 Civic Avenue
Pittsburg, CA 94565
P: (925) 252-6900
F: (925) 252-4814
pittsburgca.gov
Community and Economic Development Department – Planning Division
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the City of Pittsburg will conduct a public h
earing on:
DATE:
TIME:
PLACE:
October 7, 2024
7:00 p.m.
City Council Chamber at City Hall
65 Civic Avenue, Pittsburg, California
Concerning the following matter:
Pittsburg Technology Park Specific Plan, AP-2 4-0028 (PD, SUBD, EIR) This is a public hearing on a reques t for City Council adoption of the Pittsburg Technology Park S
pecific Plan and approval of the Vesting Tentative Map for a 12-l ot Major Subdivision on an approximately 76.38-a cre site located on the eastern half of the former Delta View Golf Course, south of
West Leland Road, located at 2222 Golf Club Road. Assessor Parcel Numbers ( APNs):
095-160-001, 095-160-002 and 094-080-046. The request also includes City Council certify the Final Program Environmental Impact Report (PEIR) and adopt CEQA Findings of Fact and a Mitigation Monitoring and Reporting Program (MMRP)
for the Pittsburg Technology Park Specific Plan Project.
Environmental
Determination
On February 28, 2024, the City published a Notice of Preparation of an Environmental Impact Report for the proposed project (State Clearinghouse No. 2024030184). On July 3, 2024, the City published a Notic
e of Availability (NOA) of a Draft PEIR prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA) and the State CEQA Guidelines (Section 15132). Following the close of the 45-day NOA public review period on August 19, 2024, the City prepared a Final PEIR for the proposed project (which includes the Draft PEIR, comments on the Draft PEIR, responses to comments
on the Draft PEIR, and all revisions to the Draft PEIR). The Final PEIR must be certified by the City Council wit h Planning Application No. AP-24-0028 (PD, SUBD, EIR).
The Final PEIR and all related documents, including the proposed Pittsburg Technology Park Specific Plan,
are available for download on the project website at:
https://www.pittsburgca.gov/services/community-development/planning/advanced-planning-special- projects/pittsburg-technology-park-specific-plan-project A hardcopy of the Final PEIR for this project is available at Pittsburg City Hall (65 Civic Avenue) and the Pittsburg Library
(80 Power Avenue). Special arrangements may also be made to view a hard copy by c
ontacting the project planner, Alison Spells, directly via email at [email protected] or by t
elephone at (925) 252-6 987.
City Hall
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Pittsburg Technology Park Specific Plan, AP-24-0028 (PD, SUBD, EIR) City Council Public Hearing Notice
Why am I
receiving this notice?
Noticing requirements in Pittsburg Municipal Code (PMC) Section 18.14.020 require compliance with California Government Code Section
s 65090 and 65091, which requires the City to publish the Notice of the Public Hearing in the East County Times at least 10 days prior to the public hearing. In addition, the City also posted the notice at City Hall, the Pittsburg Library, and on the “Public Notices” section of the City’s website. The City also sent the notice to local service agencies whose services might be affected by the proposed project, and to individuals who had previously filed a written request for public hearing notices. A copy of the notice was also posted on www.nextdoor.com (“Nextdoor”) and sent directly to all subscribed residents in Nextdoor neighborhoods adjacent to the Pittsburg Technology Park Specific Plan Area.
Where can I get more information about this project?
The complete file for this project is available for public inspection; please contact the project planner listed above to make necessary arrangements. Any persons requiring additional accommodation to review this notice, including visually impaired persons, may contact the Planning Main Line at (925) 252 -4920.
What can I do if I have comments on the project?
Comments or objections to the project can be made by writing or through e-mailed testimony prior to the meeting or provided orally during the meeting. Written comments citing the project name may be emailed to the project planner listed above or may be mailed or delivered to Pittsburg Planning Division, 65 Civic Avenue, Pittsburg, CA 94565. Pursuant to Section 65009 of the California Government Code, if you challenge this matter in court, you may be limited to those issues you or someone else raised at the public hearing described in this notice, or in written correspondence on the matter delivered to this agency at, or prior to the public hearing. Any written correspondence delivered to the Planning Division before the hearing body’s action on the matter will become a part of the administrative record. ________________________________
JOHN FUNDERBURG
Assistant Director, Community and
Economic Development Department
Pittsburg Technology Park Specific Plan Area
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Minute Order to Discussion Proposition 36 MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
Proposition 36 on the November 5, 2024 ballot is proposing to increase punishment for repeat retail theft and drug offenders whilst encouraging more individuals to participate in and complete drug treatment programs. This minute order will allow the City Council to discuss the proposition and potentially take a position on the measure.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund by taking an action.
RECOMMENDATION
City Council discuss the merits of Proposition 36, and if warranted, take a City Council position to support or oppose the proposition.
BACKGROUND
California Proposition 36, the “Homelessness, Drug Addiction, and Theft Reduction Act”, is on the November 2024 ballot in California. Proposition 36 seeks, in part, to reform elements of the 2014 Proposition 47, which reduced certain crimes from felonies to misdemeanors – notably, identifying shoplifting as a misdemeanor offense when the value of the stolen property does not exceed $950. Proposition 47 also authorized defendants currently serving sentences for felony offenses that would have qualified as misdemeanors under the proposition to petition courts for resentencing under the new misdemeanor provisions and authorized defendants who have completed their sentences for felony convictions that would have qualified as misdemeanors under the proposition to apply to reclassify those convictions to misdemeanors.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
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STAFF ANALYSIS
According to the Attorney General, Proposition 36:
• Allows felony charges for possessing certain drugs and for thefts under $950—both currently chargeable only as misdemeanors—with two prior drug or two prior theft convictions, as applicable. Defendants who plead guilty to felony drug possession and complete treatment can have charges dismissed.
• Increases sentences for other specified drug and theft crimes. • Increased prison sentences may reduce savings that currently fund mental health and drug treatment programs, K-12 schools, and crime victims; any remaining savings may be used for new felony treatment program.
According to the Legislative Analyst, Proposition 36:
• Increase state criminal justice costs, likely ranging from several tens of millions of dollars to the low hundreds of millions of dollars annually, primarily due to an increase in the prison population.
• Increase local criminal justice costs, likely in the tens of millions of dollars annually, primarily due to county jail, community supervision, and court mandated mental health and drug treatment workload.
The League of California Cities (Cal Cities) has voiced their support of Yes on Proposition
36. The Mercury News/East Bay Times Editorial Board has also endorsed the measure.
ATTACHMENT: Proposition 36 Background from the Secretary of State’s Website Report Prepared By: Garrett Evans, City Manager
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Combined Agency/City Council Minutes Page 1 of 5 September 16, 2024
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: September 16, 2024
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Juan Antonio Banales, Mayor/Chair
Jelani Killings, Vice-Mayor/Chair
Dionne Adams, Council/Agency Member
Angelica Lopez, Council/Agency Member
Shanelle Scales-Preston, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Garrett Evans, City Manager/Executive Director
Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Banales called the regular meeting to order at 7:03 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA.
ROLL CALL
All members were present.
PLEDGE OF ALLEGIANCE
Mayor Banales led the Pledge of Allegiance.
PRESENTATIONS
1. Quarterly Overview of Use of Force by Law Enforcement Personnel and Overview of Internal Affairs Investigations
2. Quarterly Budget Update
PROCLAMATIONS
3. National Hispanic Heritage Month
4. Clean Air Day
CITY MANAGER REPORTS/REMARKS
City Manager Evans mentioned that the anticipated public hearing at tonight’s meeting for Healthy Communities, which was approved at the August 27, 2024, Planning Commission meeting, was being postponed. This would allow staff and the business community more time to 232
Combined Agency/City Council Minutes Page 2 of 5 September 16, 2024 meet and discuss the proposed changes to the Municipal Code and how it may impact existing and future businesses that sell or propose to sell tobacco, cannabis and alcohol products.
Assistant City Manager Aliotti gave an update on Community events.
PUBLIC COMMENTS
Antonio Hurtado and Tuyen Mai, Monument Crisis Center, gave an update on all the services that have been provided to Pittsburg community.
Denise Randall, Antioch, Thanked the Police Chief for allowing placement of cancer awareness ribbons on patrol vehicles.
Nicole Arrington, Pittsburg, gave an update on a Don’t Drop our Stop event that was held in support of keeping the Pittsburg/Antioch train station open. She also invited the community to attend a meeting of the San Joaquin Joint Powers Authority (SJJPA) on September 20, 2024, from 11a.m. to 1p.m. to show support.
COMMITTEE REPORTS
Vice Mayor Killings attended the Public Safety and Community and Economic Development subcommittee meetings.
PUBLIC HEARING
5. Adoption of a City Council Resolution Approving the 2023-2024 Community Development Block Grant Consolidated Annual Performance and Evaluation Report
On motion by Member Scales -Preston, seconded by Member Adams, and adopted unanimously.
COMBINED CITY COUNCIL AND PITTSBURG POWER COMPANY CONSIDERATION
6. Adoption of 1) a City Council Resolution Approving a Grant and Loan Agreement with Platinum Pittsburg LLC, Authorizing the City Manager to Negotiate and Execute Subsequent Documents to Carry Out the Grant and Loan Agreement, Allocating Funding from the Ame rican Rescue Pan Act, and Adopting an Economic Development Subsidy Report; and 2) Adoption of a Pittsburg Power Company Resolution Allocating Funding for the Loan
On motion by Vice Mayor Killings , seconded by Member Scales-Preston, and adopted unanimously.
CITY COUNCIL CONSIDERATION
7. Adoption of a City Council Minute Order Appointing Members to the Measure M Oversight Committee
On motion by Member Scales-Preston, seconded by Member Lopez, to appoint all five (5) applicants to the Measure M Oversight Committee and adopted unanimously
8. Adoption of a City Council Minute Order Appointing a Candidate to the Public Financing 233
Combined Agency/City Council Minutes Page 3 of 5 September 16, 2024 Authority of the Pittsburg Enhanced Infrastructure Financing District
On motion by Mayor Banales, seconded by Vice Mayor Killings, to appoint Gerard D’Cruz to the Public Financing Authority of the Pittsburg Enhanced Infrastructure Financing District and adopted unanimously
9. Adoption of a City Council Resolution Authorizing the City Manager to Execute the Operation and Maintenance Agreement with Ultimate Basketball Fieldhouse LLC
Bruce Ohlson, Pittsburg, asked that a bicycle connection from this project to Delta DeAnza be considered.
On motion by M ember Scales -Preston, seconded by Member Adams , and adopted unanimously
10. Adoption of a City Council Resolution Approving the Five -Year Capital Improvement Program for Fiscal Years 2024/25 Through 2028/29 and Allocating Funding for Fiscal Year 2024/25
On motion by M ember Adams , seconded by Member Scales -Preston, and adopted unanimously
11. Adoption of a City Council Resolution Authorizing the Execution of a Fifth Amendment to the East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement
Nancy Parent, Pittsburg, spoke against this item. She was opposed to the two new proposed projects that would be considered before the James Donlon Extension project.
Bruce Ohlson, Pittsburg, spoke against this item. He was opposed to the two new proposed projects, stating that the widening of Buchanan Rd and Pittsburg/Antioch Highway to four (4) lanes would not leave enough room for bicyclists.
On motion by Mayor Banales, seconded by Vice Mayor Killings, and adopted unanimously
CONFLICT OF INTEREST STATEMENT
There were no conflicts of interest statements.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
On Motion by Vice Mayor Killings, seconded by Member Scales-Preston and adopted unanimously
12. Minutes of August 19, 2024
13. Receive and File the Treasurer’s Report for the Quarter Ending June 30, 2024
14. Adoption of a City Council Minute Order Approving Leave of Absence for Planning 234
Combined Agency/City Council Minutes Page 4 of 5 September 16, 2024 Commissioner
15. Adoption of a City Council Resolution Amending the City’s Conflict of Interest Code
16. Adoption of a City Council Resolution Authorizing the Submission of a Substantial Plan Amendment of Permanent Local Housing Allocation Funds
17. Adoption of a City Council Resolution Authorizing Execution of the First Amendment to Agreement with Western States Oil for Bulk Gasoline Services
18. Adoption of a City Council Resolution Allocating American Rescue Plan Act Funds to the Citywide Full Trash Capture Project and Authorizing the Negotiation and Execution of an Agreement With Revel Environmental Manufacturing
19. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consulting Services Agreement for Urban Forest Management and Tree Inventory Services
20. Adoption of a City Council Resolution Authorizing the City Manager to Negotiate and Execute a Contract for the Purchase of a Water Valve Turning Machine
21. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Contract for Meter Supplies with Badger Meter, Inc.
22. Adoption of a City Council Resolution Authorizing Execution of the Second Amendment to the Agreement with Western States Oil for Renewable Diesel
23. Adoption of a City Council Resolution Authorizing Execution of a Contract with BNO Builders for San Marco Median Renovation
24. Adoption of a Pittsburg Power Company Resolution Authorizing General Counsel to Execute Second Amendment to Outside Counsel Services Agreement with Cameron-Daniel, PC
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for Future Agenda Items.
COUNCIL MEMBER REMARKS
Council Member Scales-Preston thanked the Pittsburg Chamber of Commerce and staff on a successful Seafood festival. She also thanked the City of Concord for the invitation to attend their Hispanic Heritage event, which was held at Todos Los Santos Plaza.
Vice Mayor Killings welcomed Council Member Lopez back, to which she thanked him and staff for the warm welcome.
Council Member Lopez noted she is working on getting better to continue to serve the community.
Mayor Banales thanked his colleagues and staff for all the hard work that has been done collaboratively. He noted that there have been a lot of milestones and accomplishments met, 235
Combined Agency/City Council Minutes Page 5 of 5 September 16, 2024 that could not have happened without the hard work and dedication of all.
ADJOURNMENT
The meeting adjourned at 9:08 P.M. to October 7, 2024.
Respectfully submitted,
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Fehr & Peers, Inc., to Finalize the City of Pittsburg Transportation Impact Analysis Guidelines and Thresholds to Evaluate Transportation Impacts Under the California Environmental Quality Act (Senate Bill 743)
MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
The First Amendment to the Consulting Services Agreement with Fehr & Peers, Inc. is to increase the compensation for additional planning services to finalize the City of Pittsburg Transportation Impact Analysis Guidelines consistent with Senate Bill 743 (2013) - (SB 743) and the California Environmental Quality Act (CEQA).
FISCAL IMPACT
If approved, the First Amendment would add to the scope of work and increase the compensation under the current contract by $4,380, an amount that will be fully funded by the City’s General Plan Implementation Fee. The new total compensation under the Consulting Services Agreement will be $77,780.
RECOMMENDATION
The City Council adopt a Resolution authorizing the City Manager to execute the First Amendment to the Consulting Services Agreement with Fehr & Peers, Inc., for the Transportation Impact Analysis (TIA) Guidelines and Thresholds to Evaluate Transportation Impacts Under the CEQA (SB 743).
BACKGROUND
On December 12, 2022, the City of Pittsburg entered into a Consulting Services Agreement with Fehr & Peers, Inc., in the amount $73,400, to provide transportation planning services to support the City in achieving SB 743 compliance.
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The City established a VMT Technical Advisory Committee (TAC) to produce a set of procedures and requirements (Guidelines) pertaining to if, and when, an applicant for a development project in the City would be required to provide a Transportation Impact Analysis (TIA) as part of the development review process.
Following completion of the Final draft of the TIA Guidelines, staff determined the baseline mapping needed to be updated consistent with the travel demand model files utilized for the 2040 General Plan Update. Additionally, staff received additional agency comments that the draft TIA Guidelines should be revised to analyze non-driving modes of transportation, such as walking, biking, and bus transit access.
Staff received a proposal from Fehr and Peers, Inc., to expand their current scope of work to include services related to updating the City’s VMT mapping consistent with the 2040 General Plan and revising the draft TIA Guidelines to include multimodal Level of Service (LOS) for bicycles, pedestrians and transit. The cost of this work is $4,380.
SUBCOMMITTEE FINDINGS
This item was not submitted to a subcommittee.
STAFF ANALYSIS
In 2013, SB 743 established a reform process to CEQA that resulted in a major change to how cities and counties must evaluate transportation impacts.
SB 743 changed the focus of transportation impact analysis in CEQA from Level of Service (LOS) to Vehicle Miles of Travel (VMT) as the preferred transportation impact metric. This shift in focus is expected to better align transportation impact analysis and mitigation outcomes with the State’s goals to reduce greenhouse gas emissions, encourage infill, and improve public health through more active transportation.
Staff have been working with Fehr and Peers, Inc., since 2023 to establish TIA Guidelines and Thresholds to Evaluate Transportation Impact to achieve consistency with SB 743. The draft TIA Guidelines are nearing completion but need to be updated prior to consideration for adoption by the City Council.
For this reason, staff recommends an amendment to the City’s current Consulting Services Agreement with Fehr & Peers, Inc., to expand the Scope of Services to finalize the TIA Guidelines in preparation for City Council consideration. There are sufficient funds in the General Plan Implementation Fee for this additional expense.
ATTACHMENTS:
1. Resolution
2. First Amendment to the Consulting Services Agreement with Fehr & Peers, Inc., a. Exhibit A and B- Consultant Scope of Services and Compensation Schedule
Prepared by: Alison Spells, Associate Planner
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Resolution No. 24- Page 1 of 2 October 7, 2024
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute an )
Amendment to the Agreement with Fehr & ) Resolution No. 24- Peers, Inc. )
WHEREAS, in 2013, California Senate Bill (SB) 743 established a reform process to the California Environmental Quality Act (CEQA) that resulted in a major change to how cities and counties must evaluate transportation impacts. SB 743 changed the focus of transportation impact analysis in CEQA from Level of Service (LOS) to Vehicle Miles of Travel (VMT) as the preferred transportation impact metric; and
WHEREAS, on December 12, 2022, the City of Pittsburg entered into a Consulting Services Agreement with Fehr & Peers, Inc., in the amount $73,400, to provide transportation planning services to support the City in achieving SB 743 compliance; and WHEREAS, the City established a VMT Technical Advisory Committee (TAC) to produce a set of procedures and requirements (Guidelines) pertaining to if, and when, an applicant for a development project in the City would be required to provide a Transportation Impact Analysis (TIA) as part of the development review process; and
WHEREAS, 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. Following adoption of the 2040 General Plan, staff determined the baseline mapping in the draft TIA Guidelines needed to be updated consistent with the travel demand model files utilized for the 2040 General Plan Update; and
WHEREAS, on May 10, 2024, staff distributed the draft TIA Guidelines to agencies and stakeholders seeking comments on the proposal prior to presenting the TIA Guidelines to the Pittsburg City Council for consideration. The City received comments from the San Francisco Bay Area Rapid Transit District (BART) that the draft TIA Guidelines should be revised to include measurement tools and objectives necessary to analyze non-driving modes of transportation, such as walking, biking, and bus transit access; and WHEREAS, Fehr & Peers, Inc., has submitted a proposal in the amount of $4,380 for services related to updating: 1) the City’s VMT mapping consistent with the 2040 General Plan and 2) the draft TIA Guidelines to include multimodal Level of Service (LOS) for bicycles, pedestrians and transit. Staff seeks to amend the Consulting Services Agreement with Fehr & Peers, Inc., to expand the scope of services and increase the compensation accordingly; and WHEREAS, amending the Consulting Services Agreement with Fehr & Peers, Inc., will facilitate finalization of the City of Pittsburg TIA Guidelines in an effort to achieve consistency with CEQA and SB 743, as well as contribute to achieving VMT-related goals and policies in the 2040 General Plan and the City’s Sustainability Plan. 239
Resolution No. 24- Page 2 of 2 October 7, 2024
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment to the Consulting Services Agreement with Fehr & Peers, Inc.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute a Purchase Agreement for Water and Sewer Supplies with Core & Main
MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
The Public Works Department maintains the City’s water distribution and sewer collection systems. To maintain and repair these systems, each fiscal year Public Works solicits bids for water maintenance tools and supplies. If approved, the resolution will authorize a purchase contract with vendor Core & Main of Oakley, CA to provide these necessary tools and supplies in the amount of $240,000.
FISCAL IMPACT
There is no fiscal impact from this action. The City Council approved sufficient funds for the purchase of water and sewer supplies with adoption the City’s Operating Budget for Fiscal Year 2024/25 (Resolution No. 24-14489), including the Water Operations – Water Lines (501-44101) and Sewer Maintenance budget accounts (521-45101).
RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute a Purchase Agreement with Core & Main in the amount of $240,000 for Water and Sewer Supplies.
BACKGROUND
The Public Works Department maintains and performs scheduled and emergency repairs on approximately 232 miles of water mains, 6,435 isolation valves, 19,640 customer service lines and meters, and 1,985 fire hydrants to maintain system reliability and for regulatory compliance. Public Works also maintains and repairs 176 miles of sewer mains, two sewer lift stations, and 19,640 sewer lateral service lines (111 miles). 246
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The Public Works Department solicited formal bids for Water and Sewer System supplies that will be needed over the next fiscal year. Four vendors submitted bids. Staff recommends the City Council authorize the City Manager to execute a Purchase Agreement with Core & Main of Oakley, CA, which submitted the lowest responsive, responsible bid proposal.
The purchase of the necessary supplies for these repairs is funded by the Water and Sewer Operating budgets adopted by the City Council each fiscal year. Staff is requesting a smaller budgeted amount than the bid submittal due to a revised tools and supplies needed for the fiscal year.
ATTACHMENTS: Resolution
Bid Results
Report Prepared By: Shannon Tully, Public Works Administrative Assistant 247
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute )
A Purchase Agreement for Water and ) RESOLUTION NO. 24- Sewer Supplies with Core & Main )
WHEREAS, the City of Pittsburg operates and maintains the City’s water distribution and sewer collection systems; and
WHEREAS, each Fiscal Year, the City’s Public Works Department solicits bids for water and sewer maintenance supplies including concrete water meter boxes and lids; and WHEREAS, in May 2024, staff solicited and received bids from four suppliers with capability to provide the necessary maintenance supplies; and WHEREAS, Core & Main of Oakley, California, is the lowest responsible, responsive bidder; and
WHEREAS, funding is available from the City’s Water Operations – Water Lines (501-44101) and Sewer Maintenance budget accounts (521-45101).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute a purchase agreement with Core & Main in the amount of $240,000, for water and sewer supplies.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
__________________________
Juan Antonio Banales, Mayor
ATTEST:
____________________________
Alice E. Evenson, City Clerk
248
Bids received: May 30, 2024 at 10:00:00 AM
Company Water Supplies Sewer Supplies Concrete water
Meter Boxes & Lids Comments
Core and Main $183,626.80 $58,713.68 $33,221.56
Ferguson $197,469.81 $60,024.14 $36,278.10
Pace Supply $192,853.73 $62,656.84 $34,171.52
Underground Republic
Water Works $184,937.03 $71,996.22 $34,112.05
City of Pittsburg
Utility Supply Bids
RFQ# WSSCBL053024
FY 2024/2025
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, Executive Director
SUBJECT: Adoption of a City Council Resolution Authorizing the Execution of a First Amendment to an Agreement with Contra Costa County for Project 2608 Kirker Pass Road Surface Treatment
MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
Project 2608 Kirker Pass Road Surface Treatment is for pavement maintenance on Kirker Pass Road from Buchanan Road to the south City limits. Contra Costa County offered to combine the scope of the City’s project with one of their own, thereby providing the City with a cost benefit, while reducing the impact to the motoring public. An amendment to the Agreement is needed due to additional costs associated with the required surface treatment.
FISCAL IMPACT
This amendment increases the compensation to the County by $350,000. There are sufficient funds within the Project budget to satisfy the increased expenditure. No additional allocation is requested.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution and authorize the City Manager to execute a First Amendment to the Agreement with the County.
BACKGROUND
On April 4, 2022, the City Council adopted Resolution No. 22-14074, which allocated $325,000 to the Project and authorized execution of the Agreement for roadway surface treatment with the County in the amount of $250,000.
The City and County further evaluated the identified surface treatment and concluded that the current budget needed to be increased to $600,000. In addition, due to the increased contractual cost, staff has added $10,000 to cover staff related time and materials. 250
On June 19, 2023, the City Council adopted Resolution No. 23-24318 adopting the Five- Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28, which reallocated the $248,829 from Project 2035 and allocated $36,171 from Fund 203 HUTA to the Project for a total project funding of $610,000.
SUBCOMMITTEE FINDINGS
This amendment was not presented to a subcommittee.
STAFF ANALYSIS
The City was able to avoid certain project costs by combining the scope of Project 2608 Kirker Pass Road Surface Treatment with the County’s concurrent project on Kirker Pass Road. Due to the increased expense of the surface treatment, the total cost of the Project increased accordingly.
ATTACHMENTS: Resolution
First Amendment
Agreement Dated 07-12-22
Report Prepared By: Sharon Paz, Administrative Analyst ll 251
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Execution of a First )
Amendment to an Agreement with )
Contra Costa County for Project 2608 ) RESOLUTION NO. 24- Kirker Pass Road Surface Treatment )
WHEREAS, Project 2608 Kirker Pass Road Surface Treatment (Project) is for pavement maintenance on Kirker Pass Road from Buchanan Road to the south City limits; and
WHEREAS, Contra Costa County offered to move forward with a maintenance project that would include the City-maintained portion of Kirker Pass Road, thereby providing the City with a cost benefit, while reducing the impact to the motoring public; and WHEREAS, on April 4, 2022, the City Council adopted Resolution No. 22-14074, which allocated $325,000 to the Project and authorized execution of the Agreement for roadway surface treatment with the County in the amount of $250,000; and WHEREAS, the City and County further evaluated the surface treatment to be applied, and have increased the projected expenditures to $600,000, which prompts the need for an amendment to the agreement; and
WHEREAS, on June 19, 2023, the City Council adopted Resolution No. 23-24318 adopting the Five-Year Capital Improvement Program for Fiscal Years 2023/24 through 2027/28, which reallocated the $248,829 from Project 2035 and allocated $36,171 from Fund 203 HUTA to the Project for a total project funding of $610,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the First Amendment to the Agreement with Contra Costa County.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________
Alice E. Evenson, City Clerk
252
AMENDMENT TO
AGREEMENT FOR ROADWAY SURFACE TREATMENT OF KIRKER PASS ROAD BETWEEN BUCHANAN
ROAD AND NORTONVILLE ROAD
This Amendment is entered into effective October 7, 2024, by and between the City of Pittsburg, a municipal corporation (hereinafter referred to as “City”), and the County of Contra Costa, a political subdivision of the State of California (herein referred to as “County”), to amend The Agreement for Roadway Surface Treatment of Kirker Pass Road between Buchanan Road and Nortonville Road, dated July 12, 2022, between the City and the County (the “Agreement”). Capitalized terms used and not defined in this Amendment are defined in the Agreement.
Recitals
A. The City and the County entered into the Agreement to set forth the terms of agreement concerning the Surface Treatment of the Treatment Area and the allocation of related costs.
Under the Agreement, the City agreed to reimburse the County for its costs to complete a Surface Treatment of the Treatment Area, but not to exceed $250,000 based on the then current cost estimate.
B. The parties have further evaluated the Surface Treatment to be applied, and they have updated the cost estimate. It now appears the Surface Treatment of the Treatment Area will cost $600,000, not $250,000, and the City is willing to reimburse the County up to $600,000 to complete the Surface Treatment.
Amendment
Now, therefore, the City and the County agree to amend the Agreement, as follows:
1. Amendment: The Agreement is hereby amended: (a) by deleting “$250,000.00” from Section 3.
Payments, Part a., on page 1 of the Agreement, and replacing it with “$600,000.00”; and (b) by deleting “$250,000.00” from Section 3. Payments, Part b. Billing, on page 2 of the Agreement, and replacing it with “$600,000.00".
2. Effect: Except as expressly modified by this Amendment, the Agreement remains unchanged and in full force and effect.
COUNTY OF CONTRA COSTA CITY OF PITTSBURG
By: By:
Name: Name: Garrett Evans
Title: Title: City Manager
Approved as to form: Approved as to form:
Thomas L. Geiger, Donna Mooney, City Attorney
County Counsel
By: By:
Deputy County Counsel City Attorney
G:\maint\Agreements\City of Pittsburg\Kirker Pass Road Chip Seal 2022\Amendment - Contra Costa - Pittsburg - Kirker Pass Road Maint Ag (South of Buchanan Road) ver.2.docx
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Expenditure of Supplemental Law Enforcement Services Account (SLESA) Annual Allocations
MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
The Police Department is seeking City Council authorization to accept and appropriate Fiscal Year 2024/25 funds and future annual allocations though Fiscal Year 2029/30 received from the Supplemental Law Enforcement Services Account.
FISCAL IMPACT
Government Code Section 30062(a) states that the money allocated from a Supplemental Law Enforcement Services Account (SLESA) to a recipient entity shall be expended exclusively to provide front line law enforcement services. The money shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services. There is no fiscal impact to the General Fund.
RECOMMENDATION
Adopt the Resolution authorizing the Chief of Police to accept and appropriate Fiscal Year (FY) 2024/25 SLESA funds and future annual anticipated allocations for a period of five years through FY 2029/30 and authorizing the City Manager or his designee to act on the City’s behalf relative to these funds including the establishment of necessary fiscal accounting.
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BACKGROUND
The Citizens Option for Public Safety (COPS) program was originally adopted by AB 3229 (Brulte) in 1996 with funding from the State’s general fund. One component of the funding was for front-line law enforcement (city police, county sheriffs, and police protection districts). State COPS funding is allocated by the State Controller to counties for deposit by the county auditor in a Supplemental Law Enforcement Services Account (SLESA – called the Supplemental Law Enforcement Services Fund (SLESF) prior to 2011) established in each county.
SB 1023 (2012 Public Safety: realignment) removed various reporting and public hearing requirements for cities and counties expending SLESA moneys and removed the requirement for each county to have a Supplemental Law Enforcement Oversight Committee. This allows the City Council to authorize future SLESA allocations eliminating the need for annual public hearings.
SUBCOMMITTEE FINDINGS
This item was brought before the Public Safety Subcommittee on September 4, 2024.
STAFF ANALYSIS
As part of the 2011 realignment of various public safety programs from the State to local government, the Legislature approved the Local Law Enforcement Services Act and shifted all remaining motor vehicle license fee (MVLF) revenue to pay for various local law enforcement grant programs including the COPS/SLESA programs (SB 89). Front line law enforcement funds are allocated to cities, counties and five police protection districts on a population basis. In Fiscal Year 2000/01 the law was amended to provide a minimum frontline law enforcement allocation of $100,000 to any local agency receiving funding under the program.
Staff is requesting FY 2024/25 funds, and future annual SLESA allocations through FY 2029/30, be dedicated to front-line police services equipment, technological upgrades and non-reimbursable training resources and conferences.
ATTACHMENT: Resolution
Report Prepared By: Steve Albanese, Chief of Police
261
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting and Appropriating Supplemental Law )
Enforcement Services Account funding for Fiscal )
Year 2024/25 and Authorizing the City Manager ) RESOLUTION NO. 24- To Accept and Appropriate funding through Fiscal)
Year 2029/30 )
WHEREAS, the Police Department, an eligible recipient of State’s COPS (Citizen’s Option for Public Safety) funding, requests authorization to accept and appropriate the Supplemental Law Enforcement Services Account annual allocations, anticipated to be $100,000; and
WHEREAS, Fiscal Year (FY) 2024/25 funds and all future annual SLESA allocations through FY 2029/30 shall be dedicated to front-line police services equipment, technological upgrades and non-reimbursable training resources and conferences; and WHEREAS, these funds are made available through the State of California and deposited into a Supplemental Law Enforcement Services Fund at the county level and then dispersed to law enforcement agencies in accordance with AB 3229 (Brulte) and pursuant to Government code section 30061(c).
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts and allocates the SLESA annual funding for Fiscal Year 2024/25 for front-line police services equipment, technological upgrades, and non-reimbursable training resources and conferences, in compliance with Supplemental Law Enforcement Services Fund expenditure restrictions.
BE IT FURTHER RESOLVED that the City Manager or his designee is authorized to accept and allocate SLESA annual funding through Fiscal Year 2029/30 for permissible expenditures and establish any necessary fiscal accounting.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Juan Antonio Banales, Mayor
ATTEST:
Alice E. Evenson, City Clerk
262
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Garrett Evans, City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the State of California Cannabis Tax Fund Grant for DUI-Drug Enforcement
MEETING DATE: October 7, 2024
EXECUTIVE SUMMARY
The Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of the Highway Patrol. The $52,000 grant will provide resources to fund various traffic enforcement and safety programs.
FISCAL IMPACT
There is no impact to the City’s General Fund. Upon award of the grant funds, the Police Department is requesting appropriation of $52,000 to the Fiscal Year 2024/25 budget to fund overtime costs for supervisors, uniformed officers, and civilian staff to conduct two (2) driving under the influence (DUI-D) checkpoint operation, eight (8) DUI-D roving patrols, four (4) collaborative DUI-D enforcement operations, two (2) Traffic Safety presentations, one (1) in the first two (2) quarters and a second in the final two (2) quarters of the fiscal year.
Additionally, the grant will fund in-state travel for approved DUI-D enforcement schools, and DUI enforcement equipment to include one (1) SoToxa Oral Fluid device and testing supplies, and one (1) DAX Evidence Recorder. State funds allocated under this agreement shall not exceed $52,000.
RECOMMENDATION
Staff recommends the City Council approval of the attached resolution authorizing the acceptance and appropriation of funds and authorizing the City Manager or his designee to act on the City’s behalf relative to this grant including the establishment of necessary fiscal accounting.
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BACKGROUND
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act, California voters mandated the State set aside funding for the California Highway Patrol (CHP) to disperse to local governments and qualified nonprofit organizations for the education, prevention, and enforcement of impaired driving laws. The California Highway Patrol Cannabis Tax Fund Grant Program will provide $17 Million in Grant Funding for projects focused on impaired driving to Local Governments.
The goal of the Cannabis Tax Grant Traffic Enforcement Program is to encourage motorists to drive safely. To achieve this goal, this grant combines intensive enforcement of a specific traffic safety laws with extensive communication, education, and outreach informing the public about the enforcement activity.
SUBCOMMITTEE FINDINGS
This item was presented to the Public Safety Subcommittee on September 4, 2024.
STAFF ANALYSIS
The premise of the Cannabis Tax Grant is that an individual’s discomfort or fear of being stopped for a traffic safety violation outweighs the desire not to comply with the law. Like any good deterrence program designed to change motorists’ behavior, this grant is conducted throughout the year to maintain positive behavior, public awareness, and law enforcement engagement.
The major organizational components of the Cannabis Grant are project staffing and management, problem identification and goal setting, and program and evaluation design.
Each of these three components are vital to the success of this grant.
For Pittsburg, the goal of the Cannabis Grant is to reduce the number of victims killed and injured in all automobile crashes. This includes drug related and all other primary collision factor incidents. The Police Department will conduct selective traffic operations, DUI-D roving patrols, as well as provide additional training to officers related to DUI-D enforcement during a twelve-month grant period to meet this goal. These operations are very effective forms of enforcement and increase the perception of the risk of arrest if they are adequately publicized and highly visible to the public.
Attachment: Resolution
Report Prepared By: Steve Albanese, Chief of Police
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Acceptance and Appropriation of )
The California Highway Patrol Cannabis Tax ) RESOLUTION NO. 24- Fund Grant for DUI Drug Enforcement Program )
WHEREAS, the Police Department has applied for and was awarded $52,000 in grant program funds from the California Highway Patrol Cannabis Tax Fund Grant Program; and
WHEREAS, the grant funds are intended to pay the City’s overtime costs for supervisors, uniformed officers and civilian staff to conduct selective traffic enforcement operations including; driving under the influence (DUI-D) checkpoints, DUI-D roving patrols, collaborative roving patrols, equipment and travel during the one year grant period.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager or designee to accept the funds from the California Highway Patrol Cannabis Tax Fund Grant Program, establish necessary fiscal accounting and execution of all necessary documents, and utilize the funds to pay costs associated with Police Department DUI-D enforcement activities to reduce the number of victims killed and injured in automobile crashes.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 7th day of October 2024, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
Juan Antonio Banales, Mayor
ATTEST:
______________________________
Alice E. Evenson, City Clerk
265