CITY OF PITTSBURG
AGENDA
OCTOBER 20, 2025
CITY HALL COUNCIL CHAMBER
65 CIVIC AVENUE, PITTSBURG, CA
CLOSED SESSION
5:30 PM
REGULAR MEETING
7:00 PM
CITY COUNCIL
PITTSBURG ARTS AND COMMUNITY FOUNDATION
PITTSBURG POWER COMPANY
SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II
SUCCESSOR AGENCY
PRESIDING
Jelani Killings, Mayor/Chair
Dionne Adams, Vice-Mayor/Chair
Angelica Lopez, Council Member/Board Member
Juan Antonio Banales, Council Member/Board Member
Arlene Kobata, Council Member/Board Member
FOR HOUSING AUTHORITY:
S.L. Floyd, Housing Authority Member
Annie Hill Herring, Housing Authority Member
Pittsburg City Council regular meetings are held the first and third Mondays of each month at 7:00 p.m. The Housing Authority meets in conjunction with the City Council on the third Monday of each month. The Pittsburg City Council meets regularly in the Council Chamber at 65 Civic Avenue, unless otherwise noted above. The City Council also sits as the Board of Directors of several other City agencies. The stipends for all agency members conform to state statutes governing compensation amounts. All other Agencies meet on an as needed basis and will be listed above if applicable. Copies of the open session agenda packets, which are distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except from noon to 1:00 p.m. and City holidays). The agenda and reports are also located on the City’s website at www.pittsburgca.gov. Additionally, if any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports and documents will also be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.
AUDIENCE REMARKS
The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
5:30 PM - CONVENE IN CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Section 54596.8:
Property: 2101 Railroad Avenue, APN 088-171-035; City Negotiators: Maria Aliotti, Ishani Rasanayagam
Negotiating Parties: Robert Chudy and Gustavo Espinoza, Dba as Approved Auto Center of Pittsburg; Under Negotiation: Price and Terms of Payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Pursuant to Section 54596.8:
Property: 359 E. 12th Street, APN: 086-132-030; City Negotiators: Maria Aliotti, Ishani Rasanayagam
Negotiating Party: Kenneth Cooper; Under Negotiation: Price and Terms of Payment
3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation Pursuant to Section 54956.9(d)(4) Number of Cases: One
7:00 PM - CONVENE IN OPEN SESSION FOR REGULAR MEETING
CALL TO ORDER
ROLL CALL
PLEDGE OF ALLEGIANCE
PRESENTATIONS
4. New Employee Introductions
PROCLAMATIONS
The standing proclamation(s) were published as part of the agenda. The proclamation(s) will be posted on the City's website and social media accounts as appropriate.
5. Inspire Pittsburg - Filipino American Association of Pittsburg
6. National Filipino-American History Month
7. National Immigrants Day
CITY MANAGER REPORTS/REMARKS
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required)
PUBLIC COMMENTS
Members of the audience who wish to address the City Council or Agency Boards on issues that are not scheduled for the agenda and on any items listed as part of the Consent Calendar should complete a Speaker's Card available at the dais.
Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given three minutes to address the Council unless additional time is allowed as provided for spokespersons. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. (No Action Required)
COMMITTEE REPORTS
Council Members may make a report on their committee assignments at this time. (see attached list of adhoc committees and other public agencies in which Council members participate). (No Action Required)
CONSIDERATION
8. Adoption of a City Council Resolution Approving a Rate Increase Requested by Contra Costa Waste Service, Inc., for the Operation of the Recycling Center and Transfer Station
Contra Costa Waste Service, Inc. ("Operator") operates the Recycling Center and Transfer Station ("RCTS") on Loveridge Road pursuant to an Exclusive Operating Agreement ("Agreement") between the Operator and the City of Pittsburg. The Agreement requires that the Operator obtain City Council approval prior to modifying the authorized mixed-waste rate charged at the RCTS. The Operator has requested a Consumer Price Index ("CPI") increase of 2.7%, which would become effective January 1, 2026.
9. Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County Employment and Human Services Department to Implement an Organizational Capacity Building Program Through Measure X
The City of Pittsburg has been awarded a $183,000 grant funded by the Contra Costa County Measure X Fund to implement an organizational capacity building program that addresses priority populations, as defined by the Older Americans Act, which includes those with the greatest economic need, greatest social need, and racial minorities. This resolution will authorize acceptance of the grant and allocate the funds to the FY 2025-26 Recreation budget.
10. Introduction and Waive Further Reading of an Ordinance Amending Pittsburg Municipal Code Chapter 2.80 Youth Commission and Adoption of a City Council Resolution to Approve Changes to the Youth Advisory Commission Bylaws
Staff is proposing updating and revising the bylaws for the Youth Advisory Commission and one chapter of the Pittsburg Municipal Code, Chapter 2.80 Youth Commission to correct and align the current practices.
CONFLICT OF INTEREST STATEMENT
City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY
FOUNDATION, PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG
GHAD II AND SUCCESSOR AGENCY CONSENT CALENDAR
11. Minutes
12. Adoption of a City Council Resolution to Authorize Acceptance of a $250,000 Metropolitan Transportation Commission Transit-Oriented Communities Policy Grant
In September 2024, the Metropolitan Transportation Commission (MTC) made $8 million available for one-time grants to jurisdictions in the nine-county Bay Area to address the Transit Oriented Communities (TOC) policy of increasing residential and commercial densities around station areas. Grant applicants had the option to apply for comprehensive implementation of the TOC policy, or for technical assistance to support activities necessary to explore updated zoning and possible amendment(s) to existing plans to become TOC compliant. Staff applied for the latter, and on February 14, 2025, the MTC Planning Committee preliminarily awarded the City $250,000 to be used for technical assistance to implement the Very High Density Residential (RVH) Zoning Designation within Pittsburg. MTC requires a resolution of local support from the City to accept the funds.
13. Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with GHD, Inc. for the Design of Project 5090- Bella Vista/Riverview Water Consolidation
Project 5090-Bella Vista/Riverview Water Consolidation (Project) is for the construction of improvements necessary to decommission the existing well systems currently serving the Bella Vista and Riverview Mobile Home Parks, and to connect both areas to the City’s potable water system. Adoption of this resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with GHD, Inc. (GHD) for the design of the Project.
14. Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Police Management Group (PMG) for the Period July 1, 2025 through June 30, 2028
The City of Pittsburg and the Police Management Group (PMG) propose terms and conditions of employment for the period of July 1, 2025 through June 30, 2028 (Contract Period).
15. Adoption of a City Council Resolution to Reclassify One Position, Establish a Salary Range for Payroll Supervisor, and Authorize Amendments to the AFSCME Management Professional Confidential Memorandum of Understanding and Allocate Funding
The City Manager, upon recommendation from the Director of Human Resources, has added the new classification Payroll Supervisor. In accordance with the City’s Personnel Rules, the City Council is asked to amend the AFSCME Management/Professional/Confidential (MPC) Memorandum of Understanding, approve the position upgrade, and establish a salary range.
16. Adoption of a City Council Resolution Authorizing the Pittsburg Police Department to Purchase TI Training Simulator Recon Utilizing Previously Awarded SLESA Grant Funds
The Pittsburg Police Department strives to provide the most efficient and effective training to meet both Federal and State mandated training requirements. If approved, the resolution will allocate funds and approve the purchase of a scenario-based training simulator, adding to the Police Department’s existing training infrastructure.
17. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the Office of Traffic Safety Grant Funds for the Selective Traffic Enforcement Program (STEP)
The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the Office of Traffic Safety. The $110,000 grant will provide resources to fund various traffic enforcement and safety programs.
18. Adoption of a City Council Resolution Authorizing Execution of Consulting Services Agreement with Raney Planning & Management, Inc. for California Environmental Quality Act (CEQA) Analysis and Permitting for Project 3038 - West Leland Road Extension Phase II
Project 3038 - West Leland Road Extension Phase II (Project) is the construction of an extension of West Leland Road, from Santa Teresa Drive to Avila Road, to enhance traffic circulation. The Project requires analysis of environmental impact under California Environmental Quality Act (CEQA) and permitting for construction. Adoption of this Resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with
Raney Planning & Management, Inc. for CEQA analysis and permitting for the Project.
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
Council Members may request items to be considered for future agendas. An item will only be brought forward with a majority vote and will appear on a future agenda with staff recommendations for further Council consideration.
COUNCIL MEMBER REMARKS
Council Members may make brief announcements or informal comments at this time. (No Action Required)
ADJOURNMENT TO NOVEMBER 3, 2025
NOTICE TO PUBLIC
GENERAL INFORMATION
Copies of the open session agenda packets, as distributed to the City Council, are on file in the office of the City Clerk, 65 Civic Avenue, Pittsburg, California, and are available for public inspection, beginning 72 hours in advance, during normal business hours (8:00 a.m. – 5:00 p.m., Monday through Friday, except City holidays). Full agenda packets are also located on the City’s website at www.pittsburgca.gov. If any reports or documents, which are public records, are distributed to the City Council less than 72 hours before the meeting, those reports or documents will be available for public inspection in the City Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.
SPEAKER’S CARD
Members of the audience who wish to address the City Council on issues that are not scheduled for the agenda and on any items listed as part of the agenda should complete a Speaker’s Card available at the dais. Please read the card carefully in order to fill out the card properly. Submit the completed card to the City Clerk before the item is called, preferably before the meeting begins. Individuals will be given up to three minutes to address the Council unless additional time is allowed as provided for spokespersons. Speakers are not permitted to yield their time to another speaker. Prior to speaking, each member of the public shall state their name and business and City of residence in a clear and audible tone of voice. Pursuant to the Brown Act, no action may be taken by the City Council on items not already scheduled on the agenda; however, the City Council may refer your comments/concerns to staff or request that the item be placed on a future agenda.
PUBLIC HEARINGS
Persons who wish to speak on Public Hearings listed on the agenda will be heard when the Public Hearing is opened, except on Public Hearing items previously heard and closed to public comment. After the public has commented, the item is closed to public comment and brought to the Council/Agency level for discussion and action.
Further comment from the audience will not be received unless requested by the Council/Agency.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure Section 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code Section 65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
NOTICE TO THE DISABLED AND VISUALLY OR HEARING IMPAIRED In compliance with the Americans with Disabilities Act, the City of Pittsburg will provide special assistance for disabled residents. Upon request, an agenda for any meeting shall be made available in appropriate alternative formats. The Council Chamber is equipped with sound amplifier units for use by the hearing impaired. The units operate in conjunction with the Chamber’s sound system. You may request the sound amplifier from the City Clerk for personal use during Council meetings. If you need special assistance to participate in this meeting, or are requesting a specially formatted agenda, please contact the City Clerk at (925) 252-4850. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format. (28 CFR 35.102-35.104 ADA Title II)
DISRUPTIVE CONDUCT
The Council requests that you observe the order and decorum of our Council Chamber by turning off or setting to vibrate all cellular telephones and electronic devices, and that you refrain from making personal, impertinent, or slanderous remarks. Boisterous and disruptive behavior while the Council is in session, and the display of signs in a manner which violates the rights of others or prevents others from watching or fully participating in the Council meeting, is a violation of our Municipal Code and any person who engages in such conduct can be ordered to leave the Council Chamber by the Mayor.
LIVE MEDIA BROADCASTING ADVISEMENT
City Council meetings are webcast live on the City’s website at www.pittsburgca.gov on the Agendas and Live Meetings page. Past meetings and approved minutes are also archived on that webpage. Watch the live meeting via the City’s webcast (www.pittsburgca.gov - Agendas and Live Meetings), on Comcast Channel 24 Delta TV, AT&T U- Verse Channel 99 Delta TV. Contact the City Clerk’s office at (925) 252-4850 for more information
City Council Agency/Liaison/Subcommittee Assignments as of October 9, 2025
OUTSIDE AGENCY BOARDS COUNCIL MEMBER(S) TYPE MEETS TIME STAFF ABAG Dionne Adams / Jelani Killings (Alt.) Standing Annual M. Aliotti Delta Diablo* Jelani Killings / Arlene Kobata (Alt.) Standing 2nd Wednesday 4:30 PM J. Samuelson East Co. Co. County Habitat Conservancy Arlene Kobata / Juan Banales (Alt.) Standing 4th Monday (Bi-Monthly) 2:00 PM J. Davis East County Water Management Juan Banales / Jelani Killings (Alt.) Standing Bi-Annual 1:00 PM J. Samuelson MCE Clean Energy Board Arlene Kobata / Angelica Lopez (Alt.) Standing 3rd Thursday 6:30 PM J. Davis TRANSPLAN / ECCRFFA Juan Banales / Dionne Adams (Alt.) Standing 2nd Thursday 6:30 PM J. Samuelson Tri-Delta Transit (2 reps)** Angelica Lopez & Dionne Adams / Jelani Killings (Alt.) Standing 4th Wednesday 4:00 PM J. Samuelson
LIASISON COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
East Bay League of California Cities Jelani Killings / Dionne Adams (Alt.) Standing 3rd Thursday M. Aliotti Green Empowerment Zone Arlene Kobata / Jelani Killings (Alt.) Standing 3rd Friday (Bi-Monthly) 9:30 AM J. Davis Los Medanos Health Advisory Committee Arlene Kobata & Jelani Killings Ad Hoc As Needed M. Aliotti Mayor’s Conference Jelani Killings / Dionne Adams (Alt.) Standing 1st Thursday 6:30 PM M. Aliotti Pittsburg Police Activities League (PAL) Arlene Kobata & Angelica Lopez / Dionne Adams (Alt.) Standing Monthly S. Albanese School Districts Committee (2x2) Jelani Killings & Angelica Lopez / Juan Banales (Alt.) Standing Quarterly M. Aliotti
SUBCOMMITTEES COUNCIL MEMBER(S) TYPE MEETS TIME STAFF
Community and Economic Development Jelani Killings & Dionne Adams / Angelica Lopez (Alt.) Standing 2nd Wednesday 5:30 PM J. Davis Data Center and Hydrogen Jelani Killings & Angelica Lopez Ad Hoc As Needed J. Davis Development Agreement Jelani Killings & Dionne Adams Ad Hoc As Needed J. Davis Finance Management Juan Banales & Jelani Killings / Dionne Adams (Alt.) Standing 3rd Friday 5:00 PM M. Aliotti Infrastructure and Transportation Juan Banales & Dionne Adams / Angelica Lopez (Alt.) Standing 4th Thursday 5:30 PM J. Samuelson Tenant Protections Juan Banales & Angelica Lopez Ad Hoc As Needed S. Bellafronte Life Enrichment Dionne Adams & Angelica Lopez / Arlene Kobata (Alt.) Standing 3rd Wednesday 5:30 PM K. Simonton Pittsburg Arts and Community Foundation Angelica Lopez & Jelani Killings Standing As Needed K. Simonton Public Safety Arlene Kobata & Angelica Lopez / Jelani Killings (Alt.) Standing 1st Wednesday 5:30 PM S. Albanese *Stipend of $170 per month
** Stipend of 100 per month
NATIONAL FILIPINO-AMERICAN HISTORY MONTH
October 2025
WHEREAS, the City of Pittsburg celebrates the diversity and history of our City; and WHEREAS, Filipinos were the first documented Asian people to arrive in the United States; and
WHEREAS, Filipino American History Month is celebrated annually in October, commemorating the arrival of the first Filipinos in Morro-Bay, California on October 18, 1587; and
WHEREAS, today, there are over 4 million Filipino-Americans in the United States, making them one of the largest Asian American and immigrant population in the nation; and WHEREAS, like other immigrant groups, Filipino-Americans have transformed the nation through social justice activism, healthcare, education, technology, the arts and community care; and
WHEREAS, Filipino-Americans have contributed significantly to building communities, strengthening the economy and enriching the nation’s cultural fabric.
NOW, THEREFORE, I, Jelani Killings, on behalf of the City Council of the City of Pittsburg, do hereby proclaim October 2025 as National Filipino-American History month in the City of Pittsburg.
____________________________________________________________________________________________________________________________________________________ Alice E. Evenson, City Clerk
____________________________________________________________________________________________________________________________________________________ Jelani Killings, Mayor
NATIONAL IMMIGRANTS DAY
October 28, 2025
WHEREAS, the United States of America is known as the world’s melting pot, and every year on October 28 National Immigrants Day allows us to reflect on how unique that distinction is among the world’s 195 sovereign nations; and
WHEREAS, as Americans, we are proud of our long history of welcoming immigrants from all parts of the world and value their contribution that add zest to our nation’s blend of cultures, customs and traditions; and
WHEREAS, America is the world’s great experiment in freedom and individual rights, and unlike any other nation, it was founded and built by immigrants; and WHEREAS, Americans are citizens either by birth or by choice, abiding under a common flag and constitution, united by its legacy as a land of freedom and opportunity; and WHEREAS, we are a sum of every idea and dream that ever stepped ashore with an immigrant seeking new opportunities; and
WHEREAS, the City of Pittsburg celebrates the determination, ingenuity and spirit immigrants continue to add to the melting pot of cultures we call America.
NOW, THEREFORE, I, Jelani Killings, on behalf of the City Council of the City of Pittsburg, do hereby proclaim October 28, 2025 as National Immigrants Day in the City of Pittsburg.
____________________________________________________________________________________________________________________________________________________ Alice E. Evenson, City Clerk
____________________________________________________________________________________________________________________________________________________ Jelani Killings, Mayor
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Approving a Rate Increase Requested by Contra Costa Waste Service, Inc., for the Operation of the Recycling Center and Transfer Station
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
Contra Costa Waste Service, Inc. ("Operator") operates the Recycling Center and Transfer Station ("RCTS") on Loveridge Road pursuant to an Exclusive Operating Agreement ("Agreement") between the Operator and the City of Pittsburg. The Agreement requires that the Operator obtain City Council approval prior to modifying the authorized mixed-waste rate charged at the RCTS. The Operator has requested a Consumer Price Index ("CPI") increase of 2.7%, which would become effective January 1, 2026.
FISCAL IMPACT
Approval of this request will have no fiscal impact on the City’s General Fund.
RECOMMENDATION
City Council adopt the attached Resolution approving the rate increase requested by the Operator for operation of the RCTS effective January 1, 2026.
BACKGROUND
The Operator, which operates the RCTS, receives and processes municipal solid waste, separating out recyclable raw materials to reduce overall amount of waste being landfilled in accordance with the City’s waste diversion requirements. The Agreement
allows for the modification of the mixed-waste rate charged to customers, subject to review and approval by the City Council.
On August 29, 2025, the City received a letter from the Operator requesting a 2.7% CPI rate increase at the RCTS, which would bring costs for waste haulers offloading at the RCTS to $151.25 per ton, and costs to Pittsburg residents and members of the regional public to $46.25 per load.
SUBCOMMITTEE FINDINGS
This item was presented to the Finance Management Subcommittee on September 19, 2025, and received concurrence for the proposed CPI increase.
STAFF ANALYSIS
In 2016, Governor Edmund Brown signed into law Senate Bill (SB) 1383, aimed at reducing emissions of short-lived climate pollutants, in particular methane emissions, by reducing the disposal of organic materials into landfills. The law sought a reduction of organic waste disposal by 50% by 2020, a reduction of organic waste disposal by 75% by 2025, and diversion of edible food to food rescue organizations like food banks by 20% by 2025. The regulations to implement the law were finalized in November 2020.
To meet these high diversion and regulatory requirements, the Operator has set forth a long-term Master Plan within its amended Land Use Permit approved by the Planning Commission on August 24, 2021. Construction of a maintenance building to service the needs of the RCTS and Mount Diablo Resource Recovery ("MDRR"), and a building to manage and process organic materials, a key requirement for compliance with the law, are currently underway.
During periods of significant investment as described above, annual rate adjustments based upon annual CPI are designed to help avoid large one-time increases in rates.
Staff has reviewed the Operator’s financials and determined the increase is justified and reasonable. In addition, as shown in Attachment 3, staff reviewed a list of rates charged at other transfer stations in the region. The Operator’s new rate requested is comparable to rates charged by other operators. At $151.25 per ton of compacted load, the proposed rate is just above the Bay Area average of $149.14 per ton for haulers.
This cost to haulers is the 4th most costly across 10 Bay Area transfer stations. At $46.25, the rate for Pittsburg residents and members of the regional public, the minimum cost to bring waste to the RCTS in Pittsburg is also the 4th most costly across 10 Bay Area transfer stations.
ATTACHMENTS: Resolution
Request letter dated August 29, 2025 from CCWS
Bay Area RCTS Rate Comparison
Report Prepared By: Sara Bellafronte, Assistant to the City Manager
Resolution No. 25- Page 1 of 2 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter Of:
Approving a Rate Increase Requested by )
Contra Costa Waste Services, Inc. for the ) RESOLUTION NO. 25- Operation of the Recycling Center and )
Transfer Station )
WHEREAS, Contra Costa Waste Service, Inc. (Operator) operates the Recycling Center and Transfer Station (RCTS) on Loveridge Road under an Exclusive Operating Agreement (Agreement) between the Operator and the City of Pittsburg; and
WHEREAS, the RCTS, receives and processes municipal solid waste and separates recyclable raw materials to reduce overall waste from being landfilled in accordance with the City’s waste diversion requirements; and
WHEREAS, to meet high diversion and regulatory requirements of Senate Bill (SB) 1383, the Operator has set forth a long-term Master Plan within its amended Land Use Permit, which the Planning Commission approved on August 24, 2021. As such, the construction of a maintenance building to service the needs of the RCTS and the City’s franchised hauler, Mount Diablo Resource Recovery, and a building to manage and process organic materials, a key requirement for compliance with SB 1383, are currently underway; and
WHEREAS, especially during periods of unfunded mandates and significant investment, consistent rate adjustments according to annual Consumer Price Index (CPI) help avoid large increases in the rates to recover costs; and
WHEREAS, the Agreement requires that the Operator obtain City Council approval prior to modifying the authorized mixed waste rate charged at the RCTS and the Operator has requested a CPI increase of 2.7% effective January 1, 2026; and
WHEREAS, staff has reviewed the Operator’s financials and determined the increase is reasonable.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the rate increase requested by the Operator for the Operation of the RCTS.
Resolution No. 25- Page 2 of 2 October 20, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
4080 Mallard Drive, Concord, CA 94520 Post Office Box 5397, Concord, CA 94524 (925) 682-9113 www.mdrr.com Printed on Recycled Paper August 29, 2025 Mr. Garrett Evans City Manager City of Pittsburg 65 Civic Avenue Pittsburg, CA 94565 VIA EMAIL RE: Request for CPI Rate adjustment at the Recycling Center & Transfer Station Dear Mr. Evans, Contra Costa Waste Service, Inc., DBA Mt. Diablo Resource Recovery (collectively MDRR), respectfully requests consideration of a 2.70% CPI rate adjustment to our current tip fee at the Recycling Center & Transfer Station (RCTS). This adjustment is consistent with the 5-year rate adjustment strategy, which was previously approved by the City Council in 2021 and would result in our tip fee adjusting to $151.25 per ton, from the current $147.25 per ton. This proposed CPI rate adjustment has been determined using the San Francisco, Oakland, and Hayward CPI-U Index from August 2023 to August 2024 as shown in Tab 1 of the attached Excel workbook file. The derived dollar amounts were then rounded to the nearest quarter to facilitate change calculations. Applying the aforementioned methodology would result in the newly proposed adjusted rates as shown in Tab 2. For your convenience, we have also included a list of comparable rates for other transfer stations, as shown in Tab 3. As is customary and keeping in line with prior approvals, we intend that these newly adjusted rates would become effective as of January 1, 2026, provided we have received approval from the City Manager (prior Council approval allowed for the City Manager to approve adjustments up to a maximum 4% CPI).
4080 Mallard Drive, Concord, CA 94520 Post Office Box 5397, Concord, CA 94524 (925) 682-9113 www.mdrr.com Printed on Recycled Paper Letter to Garrett Evans 08/29/2025 RE: Request for CPI Rate Adjustment at RCTS Page 2 of 2We sincerely value our long-term partnership with the City and appreciate the ongoing support of our diversion programs and strategies, as well as our shared vision for environmental best management practices. As always, please do not hesitate to contact either Sarah Davis or myself should you have any questions or need additional information regarding this request. Sincerely, Salvatore N. Evola Executive Director, External Affairs Enc: Excel Workbook File: Tab / Attach 1: CPI Table Tab / Attach 2: Rate Sheet (current & new) Tab / Attach 3: Bay Area Comparable Gate Rates Tab / Attach 4: Clean Rate Sheet CC: Sara Bellafronte - City of Pittsburg Maria Aliotti City of Pittsburg Kish Rajan CEO, Contra Costa Waste Service Gary Lazdowski COO, Contra Costa Waste Service Patrick Dolim CFO, Contra Costa Waste Service
ATTACHMENT 3
Bay Area RCTS Rate Comparison
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution to Accept Grant Funds from Contra Costa County Employment and Human Services
Department to Implement an Organizational Capacity
Building Program Through Measure X
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
The City of Pittsburg has been awarded a $183,000 grant funded by the Contra Costa County Measure X Fund to implement an organizational capacity building program that addresses priority populations, as defined by the Older Americans Act, which includes those with the greatest economic need, greatest social need, and racial minorities. This resolution will authorize acceptance of the grant and allocate the funds to the FY 2025- 26 Recreation budget.
FISCAL IMPACT
If approved, the resolution will authorize allocation of the $183,000 grant funds to the Fiscal Year 2025-26 Recreation Department grant budget under Fund 299-42191 (Miscellaneous Grants – Recreation). No matching funds are required.
RECOMMENDATION
City Council adopt the resolution authorizing acceptance of the grant and allocating of the $183,000 grant funds to the Fiscal Year 2025-26 Recreation budget.
BACKGROUND
Measure X is a countywide 20-year, ½ cent sales tax approved by Contra Costa County voters on November 3, 2020. Collection of the tax began on April 1, 2021. The intent of Measure X is “to keep Contra Costa’s regional hospital open and staffed; fund
community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.”
The Contra Costa County Board of Supervisors awarded funding to the Employment and Human Services Department (EHSD) to provide Capacity Building Support to Community Based Organizations serving seniors, adults with disabilities, and their caregivers. Building the capacity of Contra Costa’s service provider network is critical to meeting the challenges of a population that is rapidly aging and becoming increasingly diverse.
On November 7, 2024, the Contra Costa County Employment and Human Services Department, Aging and Adult Services (AAS) Bureau issued Request for Proposals (RFP) 1212 seeking applicants to apply for Organizational Capacity Building funds to serve seniors and adults with disabilities. Applicants can be public or nonprofit organizations or groups who provide services to seniors and/or adults with disabilities.
Total funding through this RFP is $1,700,000.
The RFP 1212 Organizational Capacity Building Program was issued to increase the ability of agencies to improve their services to seniors, adults with disabilities, and their caregivers. Improving the capacity of organizations can lead to better client outcomes and a more sustainable and stable organizations. RFP 1212 defined organizational capacity building as strategies, practices, and frameworks that address specialized management, leadership, operational, and service approaches that can lead to a more robust, efficient, effective, and equity-minded organization.
Staff applied for and was awarded an Organizational Capacity Building Program grant in the amount of $183,000 from Contra Costa County Employment and Human Services Department to be used over a 24-month period beginning July 1, 2025. This fund is managed and monitored by the Area Agency on Aging, a division of EHSD’s Aging & Adult Services Bureau.
SUBCOMMITTEE FINDINGS
This item was presented at the Finance Management Subcommittee meeting on August 15, 2025.
STAFF ANALYSIS
RFP 1212 solicited proposals from agencies seeking funding to improve, innovate, and sustain their programs, services, operations, and leadership. Funding to implement pilot programs, replicate model approaches from other communities/agencies, or to develop proof of concept of a promising practice was sought through this RFP.
Staff prepared an application to support organizational capacity specifically in the areas of adaptive sports programs, emergency preparedness, and senior programs. Each of these programs has defined strategies, practices, and frameworks that address specialized management, leadership, operational and service approaches that can lead
to a more robust, efficient, effective, and equity-minded organization.
Capacity Building for the Adaptive Sports program will offer recreational and instructional sports activities to adults with developmental disabilities. Funding will be used to provide staff training, certification, and leadership development, improve infrastructure and accessibility, improve program design and curriculum, increase community engagement and implement program evaluation. Program includes the purchase of a portable accessibility lift for Buchanan Pool, specific equipment to expand our competitive and cognitive sports programs, and specialized training for staff to ensure inclusivity and leadership opportunities for participants. Additionally, to ensure that equipment can be transported to offsite locations, the purchase of a truck and trailer has been approved.
To build capacity in emergency preparedness, funding has been approved for the purchase and installation of a new kitchen griddle, oven, and burner at the Pittsburg Senior Center. This equipment will replace outdated equipment and improve the Senior Center’s capacity to serve meals now and in the event of an emergency.
Capacity Building for Senior Center programs will focus on mental health and wellness programs, increasing staff and volunteer training, and a volunteer management system.
Funding will be used to purchase equipment to support programs such as the Art and Benefits of Naps, intergenerational communal work, software and technology equipment for the volunteer management system, and for training of staff and volunteers to allow for continued expansion of programs and services.
Attachment: Resolution
Contract_40-576-0_for_Measure_X_Organization
Report Prepared By: Kolette Simonton, Director of Recreation
Resolution No. 25- Page 1 of 2 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Accepting Grant Funds from Contra )
Costa County Employment and )
Human Services Department )
To Implement an Organizational ) RESOLUTION NO. 25- Capacity Building Program Through )
Measure X and Allocating Funds )
WHEREAS, Contra Costa County voters approved the Measure X countywide 20- year, ½ cent sales tax with the intent “to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services”; and
WHEREAS, the Contra Costa County Board of Supervisors awarded funding to the Employment and Human Services Department to provide Capacity Building Support to Community Based Organizations serving seniors, adults with disabilities, and their caregivers; and
WHEREAS, on November 7, 2024, the Contra Costa County Employment and Human Services Department, Aging and Adult Services (AAS) Bureau issued Request for Proposal 1212, seeking applicants to apply for Organizational Capacity Building funds to serve seniors and adults with disabilities; and
WHEREAS, the City applied for and was awarded an Organizational Capacity Building Program grant in the amount of $183,000 from Contra Costa County Employment and Human Services Department; and
WHEREAS, the City will use the funds to support organizational capacity specifically in the areas of adaptive sports programs, emergency preparedness, and senior programs through defined strategies, practices, and frameworks that address specialized management, leadership, operational, and service approaches that can lead to a more robust, efficient, effective, and equity-minded organization; and
WHEREAS, the Organization Capacity Building grant does not require matching funds; and
WHEREAS, the City proposes to accept these grants and allocate the funds to the FY 2025-26 Recreation Department grant budget (Fund 299-42191).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby accepts the $183,000 grant from the Contra Costa County Employment and Human Services Department and allocates the funds to the Recreation Department grant budget for Fiscal Year 2025-26.
Resolution No. 25- Page 2 of 2 October 20, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
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: Maria M. Aliotti - Interim City Manager
SUBJECT: Introduction and Waive Further Reading of an Ordinance Amending Pittsburg Municipal Code Chapter 2.80 Youth
Commission and Adoption of a City Council Resolution To Approve Changes to the Youth Advisory Commission Bylaws
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
Staff is proposing updating and revising the bylaws for the Youth Advisory Commission and amending the Pittsburg Municipal Code, Chapter 2.80 Youth Commission, to correct and align the current practices.
FISCAL IMPACT
This item has no fiscal impact.
RECOMMENDATION
Staff recommends the City Council introduce and waive further reading of an Ordinance to amend the Pittsburg Municipal Code, Chapter 2.80 Youth Commission and adopt a Resolution amending the Youth Advisory Council bylaws.
BACKGROUND
At the June 29, 2020, City Council meeting, then Council Member Holland Barrett- White requested a future agenda item related to establishing a youth advisory commission to provide the youth a voice to the City Council, promoting civic
engagement and community service, while furthering the understanding of how municipal government works.
On July 20, 2020, the City Council directed staff to further evaluate the necessary steps by establishing a youth advisory commission, including the creation of bylaws, strategy for recruiting commissioners, and initial focus areas.
The roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code or by City Council resolution.
On August 17, 2020, the City Council adopted Ordinance 20-1477, adding Chapter 2.80 to the Municipal Code related to the formation and structure of the Pittsburg Youth Commission, and also directed staff to prepare bylaws to reflect the policies and procedures in the handbook.
On March 22, 2022, Council adopted a Resolution approving the bylaws for the Youth Advisory Commission.
SUBCOMMITTEE FINDINGS
This item was presented before the Life Enrichment Subcommittee at the August 20, 2025 meeting.
STAFF ANALYSIS
The roles and responsibilities of each advisory body are set forth in the Pittsburg Municipal Code and by City Council resolution and applicable state law. Each commission also adopts bylaws approved by the City Council to govern their meetings and activities.
The bylaws are designed as reference documents for basic protocols and procedures to be followed by each commission. The document also sets forth requirements for meeting times, attendance, and eligibility for appointment to the advisory bodies.
Staff assigned to work with the Youth Advisory Commission recommend approval of the attached revised bylaws, as well as adoption of the attached Ordinance to update the appropriate sections of Chapter 2.80 of the Pittsburg Municipal Code.
The most significant changes to the bylaws and municipal code reflect the following:
• Revise the quorum threshold to half of the voting members plus one; • Revise the annual report on progress to an annual presentation to City Council; • Revise the Youth Advisory Commission composition to a minimum five and maximum 9 members;
• Revise the membership composition to remove the Community Advisory Commission liaison; and,
• Revise the meeting schedule to not less than 8 times per year.
ATTACHMENTS: Resolution
Revised Bylaws Youth Advisory Commission
Ordinance Amending Pittsburg Municipal Code Chapter 2.80
Report Prepared By: Sam Alley, Recreation Coordinator
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Amendments to the Youth ) RESOLUTION NO. 25- Advisory Commission Bylaws )
WHEREAS, the City of Pittsburg maintains various advisory bodies that provide information and assistance in addressing specific issues, facilitate community decision- making, and serve as a conduit between residents, City staff, and the City Council; and
WHEREAS, the advisory bodies are governed by the Pittsburg Municipal Code, City Council Resolutions, and bylaws, as well as state law; and
WHEREAS, the public is best served by advisory bodies that are knowledgeable about their roles and responsibilities of their position; and
WHEREAS, on August 17, 2020, the City Council adopted Ordinance No. 20-1477, adding Chapter 2.80 to the Pittsburg Municipal Code related to the formation and structure of the Pittsburg Youth Commission; and
WHEREAS, on August 17, 2020, the City Council also directed staff to prepare bylaws and submit them for City Council consideration and adoption; and
WHEREAS, on March 22, 2022, the City Council approved bylaws for the Youth Advisory Commission to comply with the adopted Handbook for City Advisory Bodies; and
WHEREAS, staff proposes amending the Pittsburg Municipal Code and bylaws for the Youth Advisory Commission to align with the composition and meeting schedule of the body.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the amendments to Youth Advisory Commission bylaws.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
Ordinance No. 25- Page 1 of 3 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Revising Pittsburg Municipal Code Chapter 2.80 ) ORDINANCE NO. 25- Regarding the Youth Advisory Commission )
WHEREAS, the City of Pittsburg maintains various advisory bodies that provide information and assistance in addressing specific issues, facilitate community decision- making, and serve as a conduit between residents, City staff, and the City Council; and
WHEREAS, the advisory bodies are governed by the Pittsburg Municipal Code, City Council Resolutions, bylaws, and state law; and
WHEREAS, the public is best served by advisory bodies that are knowledgeable about their roles and responsibilities of their position; and
WHEREAS, on August 17, 2020, the City Council adopted Ordinance No. 20- 1477 adding Chapter 2.80 to the Pittsburg Municipal Code related to the formation and structure of the Pittsburg Youth Commission; and
WHEREAS, staff proposes amendments to Pittsburg Municipal Code Chapter
2.80 regarding the Youth Advisory Commission to align with the composition and meeting schedule of the body.
NOW, THEREFORE, the City Council of the City of Pittsburg does ORDAIN as follows:
SECTION 1. Chapter 2.80.020 of the Pittsburg Municipal Code, Youth Advisory Commission is hereby amended to read as follows (new language shown in bold italic font, deleted language shown in strikethrough):
2.80.020 Membership
A. The Youth Advisory Commission shall be composed of a minimum of five (5) nine (9) and a maximum of nine (9) thirteen (13) youth members and three (3) youth alternates. Commission Members must be from high school and college. At least three (3) of the Commission Members must be from middle school and six (6) from high school, unless there are no applicants. Additionally, there shall be four (4) non-voting adult members representing Pittsburg Police Activities League, Pittsburg Unified School District, Los Medanos College, and the At-large Community.
B. One member of the Community Advisory Commission shall serve as a liaison to the Youth Advisory Commission.
B. C. Youth members must be between the age of 13 years to 20 years at the time of appointment or reappointment and must reside within the city limits of Pittsburg, California.
Ordinance No. 25- Page 2 of 3 October 20, 2025
C. D. Commission members are selected and appointed by the city council after submitting completed application and formal interview by the council.
D. E. The term of office for a youth commissioner is two years commencing August 1st and terminating on May 31st or until their successors are appointed. According to city council policy, members of permanent advisory bodies shall not serve more than two consecutive two-year terms. Members who have served less than four years at the time their terms expire are eligible for reappointment. [Ord. 20-1477 § 1, 2020.]
SECTION 2. Chapter 2.80.040 of the Pittsburg Municipal Code, Youth Advisory Commission is hereby amended to read as follows (new language shown in bold italic font, deleted language shown in strikethrough):
2.80.040 Meetings.
Meetings of the youth advisory commission shall be held on a regular basis and not less than eight (8) ten (10) times per year unless there are extraordinary circumstances or lack of business. Agendas shall be posted and noticed as prescribed by law.
Commission members shall attend all meetings or notify staff if they are not able to attend. City staff shall provide the City Council with quarterly attendance reports.
SECTION 3. Chapter 2.80.060 of the Pittsburg Municipal Code, Youth Advisory Commission is hereby amended as follows (new language shown in bold italic font, deleted language shown in strikethrough):
2.80.060 Authority and responsibilities.
The youth advisory commission shall have the following responsibilities:
A. Provide Generate an annual presentation to City Council and biannual presentation to the Community Advisory Commission to report on the progress of the Youth Advisory Commission.
SECTION 4. Severability
If any section, subdivision, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.
SECTION 5. Publication
The ordinance shall be posted and published in accordance with the California Government Code.
Ordinance No. 25- Page 3 of 3 October 20, 2025
The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on October 20, 2025, and was adopted and ordered published at a meeting of the City Council held on ____________, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
Bylaws -Pittsburg Youth Advisory Commission
CITY OF PITTSBURG
YOUTH ADVISORY COMMISSION
BYLAWS
ARTICLE I
PUROSE AND MISSION STATEMENT
Section 1. The City of Pittsburg Youth Advisory Commission is an advisory body appointed by the City Council to provide the youth voice to the City Council to promoting civic engagement and community service while furthering the understanding of how municipal government works.
Section 2. The mission of the Youth Advisory Commission is to serve as a liaison between Pittsburg youth and the City Council concerning issues that affect the quality of life for the youth of Pittsburg. The Youth Advisory Commission provides information, makes recommendations, and suggests policies to the City Council on issues of civic engagement and community service.
ARTICLE II
GENERAL PROVISIONS
Section 1. These Rules of Procedure shall be known as the Bylaws and Rules of Procedure of the Youth Advisory Commission of the City of Pittsburg. A copy of these Rules and amendments thereto, shall be filed in the offices of the City Clerk for examination by the public.
Section 2. These Rules and any amendments hereto shall be effective on the date of the adoption hereof and shall govern the meetings and activities of the Youth Advisory Commission.
ARTICLE III
COMMISSION COMPOSITION AND METHOD OF APPOINTMENT
Section 1. The Youth Advisory Commission shall be composed of members as set forth in the Municipal Code.
Section 2. Commission members may resign at any time by giving written notice to the Mayor, City Clerk, and Recreation Director or his/her designee.
ARTICLE IV
TERM OF OFFICE AND REMOVAL
Section 1. Youth Advisory Commission Members shall serve a two (2) year term, as set forth in the Municipal Code.
The City Council may reappoint members of the Commission to serve another term if there
Bylaws -Pittsburg Youth Advisory Commission
are no other applicants or if the Council has already considered the current applicants and determined to reappoint an existing member whose term has exceeded the term limits. A member of the commission may not serve simultaneously on more than one City board, commission, or Commission.
Section 2. Any member of the Youth Advisory Commission may be removed by a majority of the City Council. Removal and appointment of Commission Members shall be made only at a regularly scheduled meeting of the City Council.
Section 3. Commission Members should endeavor to attend all regular and special meetings of the Youth Advisory Commission. The Secretary to the Youth Advisory Commission shall provide the Council with quarterly attendance reports by Commission members. After the fourth unexcused absence from a regularly scheduled Commission meeting within any twelve (12) month period, said Commission Member’s office shall be automatically declared vacant.
Section 4. For purposes of determining excessive absences upon which the City Council may initiate removal procedures, any of the following may constitute grounds for excessive absences: four (4) unexcused absences occurring within one year period, three (3) consecutive unexcused absences, or six (6) consecutive excused absences occurring within the one (1) year period. Additionally, if a Commission Member is late by more than twenty (20) minutes to two meetings without permission from said Youth Advisory Commission, this shall constitute one absence.
Section 5. If a Commission Member ceases to reside in the City of Pittsburg, or in the case of youth members, ceases to be enrolled in school, said Commission Member’s office shall be automatically declared vacant.
ARTICLE V
VACANCIES
Section 1. Vacancies on the Youth Advisory Commission occurring other than by expiration of term shall be filled for the unexpired portion of the term by the alternates.
If there are more than two vacancies on the Youth Advisory Commission, vacancies shall be filled in the same manner as the original appointment.
ARTICLE VI
OFFICERS, SELECTION AND TERMS OF OFFICE
Section 1. The positions of Chairperson and Vice Chairpersons shall be for one- year terms and shall be rotated among all Commission members before a Commissioner assumes the previously held position of Chairperson or Vice Chairperson.
Section 2. The sitting Vice Chairperson shall automatically become the Chairperson at the first meeting after Commission appointments are made by the City Council (as described above) excluding special appointments. The selection of the Vice Chairperson shall follow a standardized rotation order as follows:
Bylaws -Pittsburg Youth Advisory Commission
1. The position of Vice Chairperson shall be rotated among all Commissioners based on seniority.
2. Seniority for new Commissioners shall be determined by the order in which a Commissioner was appointed.
3. The Commissioner appointed first in the rotation for that group of Commissioners shall serve first, the Commissioner appointed second for that group of Commissioners shall serve second and so forth.
4. In case of appointment to the Commission to fill a vacancy, however, that person will occupy the last position in that rotation. Each new series of appointments will determine the rotation only for newly appointed Commissioners.
5. Should any Commissioner not be willing to take his/her regular place in the established rotation, the next person in the rotation will be elevated to the position of Vice Chairperson, and the rotation will continue as previously set.
Section 3. The secretary to the Youth Advisory Commission will be the City Manager or his/her designee with the duty to staff all Commission meetings and prepare all minutes for approval by the Commission, but shall not be a member of the Commission.
Section 4. Duties of Officers. The Chair performs the following duties:
1. Presides at all meetings of the Youth Advisory Commission.
2. Appoints subcommittees and chairpersons of subcommittees
3. Signs correspondence on behalf of the Youth Advisory Commission.
4. Performs other duties necessary or customary to the office.
5. Serves the City Council and the residents of the City of Pittsburg with professionalism and respect.
Section 3. In the event of the absence of the Chairperson or his/her inability to act, the Vice- Chairperson presides in place of the Chairperson. In the event of the absence of or the inability to act of both the Chairperson and the Vice-Chairperson, the next Commissioner in line for those duties who is present shall serve as acting Chairperson in their absence, and so on.
ARTICLE VII
SUBCOMMITTEES
Section 1. The Youth Advisory Commission or the Chairperson, upon direction of the Youth Advisory Commission, may appoint several of its members, but fewer than a quorum, to serve as a Subcommittee. The Youth Advisory Commission may appoint non- members to the Subcommittee to obtain additional public involvement as needed.
Subcommittees make recommendations directly to the Youth Advisory Commission.
Section 2. A Subcommittee may not represent the Youth Advisory Commission before the Commission or Council or other bodies unless it has first received the authorization of the Youth Advisory Commission to do so.
Bylaws -Pittsburg Youth Advisory Commission
ARTICLE VIII
MEETINGS
Section 1. The Youth Advisory Commission shall hold regular meetings at least once per month at a designated time and place, which shall be fixed and determined by the Youth Advisory Commission and entered upon its minutes. All meetings of the Youth Advisory Commission shall be held in a public building or, so long as allowed by state law, a publicly accessible virtual meeting place. Special meetings of the Youth Advisory Commission may be called by most of the members thereof, or by the Chairperson thereof.
Notice of any such special meeting shall be given as required by law. All Commission meetings with the purpose of developing reports or recommendations to the Youth Commission or City Council should have staff in attendance.
Section 2. A quorum for the transaction of business shall consist of half of the voting members plus one. The secretary shall prepare and submit “Action Minutes” of all regular and special meetings of the Youth Advisory Commission, and these shall be sent to all members and administrative officers in advance of the meeting in which they are to be approved.
Section 3. Commission Members shall attend all regular and special Commission meetings in person. Commission Members will not be permitted to use teleconference as an option to attend any Commission meetings, unless allowed by law during an emergency.
Section 4. The agenda shall be prepared by the Chair and/or staff with the order of business at regular scheduled meetings to generally be conducted in the following order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Approval of Minutes
5. Correspondence
6. Audience Remarks/ Public Comments
7. Presentations
8. Old Business
9. New Business
10. Commissioner/ Staff Comments
11. Adjournment
ARTICLE IX
GENERAL RESPONSIBILITIES OF THE COMMISSION
Section 1. Provide input on youth services and programming to the Community Advisory Commission, City Council and to City Staff.
Section 2. Address issues that affect youth in the community.
Bylaws -Pittsburg Youth Advisory Commission
Section 3. Assist the recreation department with the promotion and implementation of youth activities.
Section 4. Provide an annual presentation to City Council and biannual presentation to the Community Advisory Commission.
Section 5. Attend all regular meeting and subcommittee meetings as assigned; attend the activities planned and sponsored by the youth advisory commission; and promote youth activities and provide support for successful implementation of youth activities and programs.
ARTICLE X
STAFF ASSISTANCE
Section 1. The City Manager shall provide the Youth Advisory Commission with such information and Staff assistance as the Youth Advisory Commission may, from time to time request, subject to the availability of resources.
ARTICLE XI
ANNUAL TRAINING REQUIRED
Section 1. Commission members shall on an annual basis participate in training concerning the Open Meeting Laws under Ralph M. Brown Act, California Government Code Section 54950 et seq. Commission members shall also participate in AB 1234 Ethics Training every two years.
ARTCILE XII
AMENDMENTS
Section 1. These Bylaws and Rules of Procedure may be amended in the same manner as originally adopted.
Combined Agency/City Council Minutes Page 1 of 4 October 06, 2025
CITY OF PITTSBURG
CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES
DATE: October 06, 2025
LOCATION: Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, CA 94565
CITY COUNCIL/AGENCY MEMBERS
Jelani Killings, Mayor/Chair
Dionne Adams, Vice-Mayor/Chair
Angelica Lopez, Council/Agency Member
Juan Antonio Banales, Council/Agency Member
Arlene Kobata, Council/Agency Member
S.L. Floyd, Agency Member
Annie Hill Herring, Agency Member
APPOINTED OFFICIALS
Maria M. Aliotti, Interim City Manager/Interim Executive Director Donna Mooney, City Attorney/Legal Counsel
Alice E. Evenson, City Clerk/Agency Secretary (elected) Nancy Parent, City Treasurer (elected)
Mayor Killings called the regular meeting to order at 7:01 P.M. in the Council Chamber at City Hall, 65 Civic Avenue Pittsburg, CA. after having convened in Closed Session at 5:30 P.M. for the following Closed Session:
1. PUBLIC EMPLOYMENT Pursuant to Section 54957
City Manager
City Attorney Mooney stated that the City Council provided direction to staff, and t here were no reportable actions taken.
ROLL CALL
Member Lopez was absent and excused.
PLEDGE OF ALLEGIANCE
Mayor Killings led the Pledge of Allegiance.
PROCLAMATIONS
2. Inspire Pittsburg – Pittsburg Italian American Club
3. National Italian - American Heritage Month
4. National Breast Cancer Month
5. National Arts and Humanities Month
6. California Clean Air Day
Combined Agency/City Council Minutes Page 2 of 4 October 06, 2025
PRESENTATIONS
7. The Friends of Isola delle Femmine
8. Presentation on Temporary Outdoor Food Vendors
CITY MANAGER REPORTS/REMARKS
Interim City Manager Aliotti gave an update on upcoming community events.
PUBLIC COMMENTS
Joginder Mahal spoke about a denial received when he requested a restroom at Larry Lasater Park. He asked Council to take this request into consideration as he feels there is a need for it.
Jeremy Philips spoke about youth programs he spearheads at the Pittsburg Library. He asked how he can partner with the city as he needs support.
Jared Butler offered suggestions for potential improvements to the city.
Wolfgang Croskey, Pittsburg Chamber CEO, thanked staff for the food vendor presentation and provided comments on the enforcement and how it affects businesses.
Jessica Cisneros introduced herself as the field representative for Assembly Member Avila Farias. She provided information on Assembly Bills currently being looked at by their office.
COMMITTEE REPORTS
Member Kobata attended the Public Safety Subcommittee meetings.
Vice Mayor Killings attended the Community and Economic Development Subcommittee meeting.
Mayor Killings attended the Finance Management Subcommittee meeting.
COMBINED CITY COUNCIL AND PITTSBURG POWER COMPANY PUBLIC HEARING
9. Adoption of a City Council Resolution Authorizing the City Manager to Execute the Economic Development Incentive Agreement with Cielo Supermarket Pittsburg, Inc. for the Highland Square Shopping Center and Adopting the Economic Development Subsidy Report and Adoption of a Pittsburg Power Compa ny Resolution Authorizing the Transfer of Funds to Finance the Economic Development Incentive Agreement
Mayor Killings opened the Public Hearing. There being no one to speak on the item, Mayor Killings closed the Public Hearing.
Combined Agency/City Council Minutes Page 3 of 4 October 06, 2025 On Motion by Vice Mayor Adams, seconded by Member Banales and adopted by the following vote:
AYES: Adams, Banales, Kobata, Killings
ABSENT: Lopez
CONSIDERATION
10. Adoption of a City Council Resolution Authorizing Execution of a Reimbursement Agreement with East Contra Costa Regional Fee and Financing Authority for Project 2019 – BART Pedestrian and Bicycle Connectivity
Bruce Ohlson, Pittsburg, thanked staff for creating pedestrian and bike path connectivity.
On Motion by Member Banales, seconded by Member Kobata and adopted by the following vote:
AYES: Adams, Banales, Kobata, Killings
ABSENT: Lopez
CONFLICT OF INTEREST STATEMENT
Member Kobata recused herself from consent calendar item s # 16 and 1 7 due to the proximity of her residence.
Member Banales recused himself from consent calendar item # 12 due to potential conflict of real property in the project area.
Vice Mayor Adams recused herself from consent calendar item #12 due to the proximity of her residence.
Mayor Killings recommended that consent item # 12 be rescheduled to a future meeting to ensure quorum.
COMBINED CITY COUNCIL, PITTSBURG ARTS AND COMMUNITY FOUNDATION,
PITTSBURG POWER COMPANY, SOUTHWEST PITTSBURG GHAD II AND SUCCESSOR
AGENCY CONSENT CALENDAR
The following vote excludes consent calendar item 12.
On Motion by Member Banales, seconded by Vice Mayor Adams and adopted by the following vote:
AYES: Adams, Banales, Kobata, Killings
ABSENT: Lopez
11. Minutes of September 15, 2025
12. Adoption of a City Council Resolution Authorizing Execution of Consulting Services Agreement with Raney Planning & Management, Inc. for California Environmental Quality Act (CEQA) Analysis and Permitting for Project 3038 - West Leland Road
Combined Agency/City Council Minutes Page 4 of 4 October 06, 2025 Extension Phase II
13. Adoption of a City Council Resolution Authorizing Execution of the First Amendment to the General Services Agreement with Operational Technical Services for Specialty Temporary Staffing Services at the Water Treatment Plant
14. Adoption of a City Council Resolution Authorizing the City Manager to Execute the First Amendment to the Agreement for Services with Cinquini and Passarino, Inc. for Enhanced Infrastructure Financing District Legal Map and Description Services and Allocating Funds
15. Adoption of a City Council Resolution Accepting Project 2227 – Traffic Signal Improvements as Complete and Authorizing the City Engineer to File a Notice of Completion
16. Adoption of a City Council Resolution Authorizing the City Manager to Accept a Community Grant from the United States Environmental Protection Agency and Enter into a Grant Agreement
17. Adoption of a City Council Resolution Accepting Project 2028 – Crestview Drive Safety Improvements as Complete and Authorizing the City Engineer to File a Notice of Completion
18. Adoption of a City Council Resolution Approving Expenditures for City Representatives’ Travel to China
COUNCIL REQUEST FOR FUTURE AGENDA ITEMS
There were no requests for future agenda items.
COUNCIL MEMBER REMARKS
There were no Council Member remarks.
ADJOURNMENT
The meeting adjourned at 8:43 P.M. to October 20, 2025.
Respectfully submitted,
Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution to Authorize Acceptance of a $250,000 Metropolitan Transportation
Commission Transit-Oriented Communities Policy Grant
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
In September 2024, the Metropolitan Transportation Commission (MTC) made $8 million available for one-time grants to jurisdictions in the nine-county Bay Area to address the Transit Oriented Communities (TOC) policy of increasing residential and commercial densities around station areas. Grant applicants had the option to apply for comprehensive implementation of the TOC policy, or for technical assistance to support activities necessary to explore updated zoning and possible amendment(s) to existing plans to become TOC compliant. Staff applied for the latter, and on February 14, 2025, the MTC Planning Committee preliminarily awarded the City $250,000 to be used for technical assistance to implement the Very High Density Residential (RVH) Zoning Designation within Pittsburg. MTC requires a resolution of local support from the City to accept the funds.
FISCAL IMPACT
There is no impact to the General Fund as a result of this action. The grant provides funding for technical assistance and development of the RVH zone to potentially further compliance with MTC's TOC policies.
RECOMMENDATION
City Council adopt the attached resolution authorizing acceptance of the $250,000 MTC
Grant.
BACKGROUND
The City Council adopted the 2040 General Plan, "Envision Pittsburg," on May 6, 2024.
Envision Pittsburg includes goals, policies, and programs intended to guide land use development of the City for the next 20 years. The City is currently updating its Zoning Ordinance to ensure consistency with Envision Pittsburg. As part of this effort, Envision Pittsburg sets forth policies which include the addition of a RVH District designation to the Zoning Ordinance to facilitate the City’s Transit Oriented Development (TOD) plans, goals, and policies for two TOD Priority sites, namely the Pittsburg/Bay Point and Pittsburg Center BART Stations and their surroundings. This update will also include minor text amendments to two Land Use Plans to help streamline economic development opportunities and update other sections to comply with State Law, such as Assembly Bill (AB) 2923 (2018).
SUBCOMMITTEE FINDINGS
This item was originally presented to the Community and Economic Development Subcommittee (Subcommittee) on June 11, 2025. During the meeting, the Subcommittee requested more information regarding the City's required commitment should the funds be accepted.
On September 18, 2025, this item was brought back before the Subcommittee for continued discussion. Following the discussion regarding the process, and confirmation there would be no required adoption of any policies by the City resulting from grant acceptance, members of the Subcommittee were supportive of the acceptance of the grant.
STAFF ANALYSIS
The $250,000 MTC grant for technical assistance will enable the City to obtain additional support to supplement existing review, broaden research, and conduct comparative analysis of TOC policies in other jurisdictions with similar demographics.
Acceptance of this grant will assist Pittsburg in creating a state-of-the-art, dynamic, and robust RVH zoning district.
Following discussions with MTC, staff have confirmed the City will not be committed to any specific implementation guidelines once the grant is accepted and the work is complete. Jurisdictions that are compliant with the MTC TOC policies are expected to be more competitive for MTC discretionary funding, including One Bay Area Grant (OBAG) funds. MTC has directed jurisdictions to anticipate compliance before the adoption of OBAG Cycle 4 funding, which is expected in early 2026.
Staff believes acceptance of the grant will be beneficial to the City and recommends that the City Council adopt a resolution to accept the funding.
ATTACHMENTS: Proposed Resolution
Exhibit 1 – TOC Policy Planning
Exhibit 2 - Waiver of Claims and Indemnification Agreement
Report Prepared By: Maurice Brenyah-Addow, Senior Planner
Resolution No. 25- Page 1 of 2 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Acceptance of a $250,000 )
Metropolitan Transportation ) RESOLUTION NO. 25- Commission Transit-Oriented )
Communities Policy Grant )
WHEREAS, on February 14, 2025, the Metropolitan Transportation Commission (MTC) Planning Committee approved a $250,000 Transit-Oriented Communities Policy Grant award to the City of Pittsburg; and
WHEREAS, MTC requires a resolution of local support from the City to accept the funds; and
WHEREAS, MTC has entered or will enter into a professional services agreement with a consultant (herein called “Consultant”) under which Consultant will develop plans and policies necessary for compliance with MTC’s Transit Oriented Communities (TOC) Policy as detailed in the application for the 2024 Transit Oriented Communities Planning and Implementation grant call submitted by Recipient to MTC; and
WHEREAS, the term of MTC’s contract with the Consultant is from August 1, 2025 to December 31, 2030; and
WHEREAS, the City (herein called Recipient) will be receiving technical assistance from Consultant for the Project; and
WHEREAS, the parties propose to define Recipient’s obligations to MTC with respect to the waiver of claims and indemnity, and requires the City of Pittsburg to enter into a waiver of claims and indemnification agreement dated March 24, 2025, by and between the MTC, a regional transportation planning agency, and Recipient.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council.
BE IT FURTHER RESOLVED that the City Council of the City of Pittsburg hereby finds and determines that, based on the information provided by MTC and City Staff, as well as the information contained in the TOC Planning Grant Application, attached hereto and incorporated herein by reference as "Exhibit 1", the grant will be beneficial to the City by providing needed technical assistance.
BE IT FURTHER RESOLVED, that the City Council of the City of Pittsburg hereby directs and authorizes the City Manager or his/her designee to enter into a Waiver of Claims and Indemnification Agreement with MTC attached hereto and incorporated herein by reference as "Exhibit 2”.
Resolution No. 25- Page 2 of 2 October 20, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
EXHIBIT 1
1 2024 Transit Oriented Communities (TOC) Planning Grant Application:
PRELIMINARY SCOPE OF WORK
EXHIBIT A: Pittsburg/Bay Point Bart Station Master Plan & TOD Zoning Updates The City of Pittsburg 2023-2031 Housing Element identifies Program 15 as the need for amendments to the Zoning Ordinance to address various recent changes to State law and consistency with the Housing Element. The City will update the Zoning Ordinance, the Pittsburg/Bay Point BART Master Plan, and the Railroad Avenue Specific Plan to ensure that all zoning requirements, such as residential density, building height, FAR, and parking standards, meet or exceed AB 2923 Baseline Zoning Standards and align with BART’s TOD standards. In this regard, the City has introduced the Very-High Density Residential (R-VH) zoning to allow multi-family housing and attached single family housing types, such as apartments and condominiums at a density of 31-40 units per acre and a 0.15 FAR for neighborhood-serving commercial, services, and office uses.
Below is a preliminary scope of work for development and implementation of the RVH zoning.
Task 1. Project Kick‐Off and Site Visit
City Staff and Consultant to meet to confirm scope of work and various tasks assigned to complete the amendments and updates.
SUBTASKS TO BE ACCOMPLISHED:
• Project Objectives
• Discuss roles and responsibilities; project protocols; meeting schedules • Scope of work and schedule
• Site tours of Pittsburg BART Stations and target TOD sites to be rezoned R-VH
Task 1 Deliverables:
1.1: Project Objectives and Scope of Work
1.2: Meeting Schedule
1.3: Defined roles and responsibilities
1.4: Project Schedule
1.5: Sites tours
Task 2. Zoning Text Updates
The program establish densities, height limits, setbacks, parking, landscaping, Floor Are Ratios, etc. to allow housing to be built on vacant sites and underutilized commercial sites, empty parking lots, unused City-owned sites, unused school sites, and other parcels near jobs, transit, or both by providing an additional set of development options that landowners can choose to exercise at their discretion through the application process.
Public meetings in support of this are included in Task 8.
EXHIBIT 1
2 Task 2 Deliverables:
2.1: Analysis of Existing conditions
2.2: Draft Zoning Text Amendment for Public review
2.3: Draft Zoning Map Amendments in support of Workforce Housing Overlay
2.4: Final Zoning Text Amendment for Adoption
2.5: Final Zoning Map Amendments in support of Workforce Housing Overlay Task 3. Development Standards - Conceptual Site Plans, Elevations, and Models Consultant to analyze site capacity for all pertinent parcels and develop plan concepts that present feasible alternative arrangements for development. These will be high‐level plan diagrams showing potential development programs and building types accompanied by tabulation of units, building areas, parking counts, commercial areas, and other key development parameters. Assess zoning and development standards that control the design of the parcels, including standards in the Pittsburg/Bay Pont Bart Station Master Plan and the Railroad Avenue Specific Plan for Transit‐Oriented Development High Density (TOD‐H) districts. Consultant to provide draft concepts for City staff review and refine a single preferred concept based on City comments and direction.
SUBTASKS TO BE ACCOMPLISHED:
• Analyze sites capacities for project objectives
• Develop alternative concepts
• Present concepts to City
• Revise concepts based on City’s feedback
Task 3 Deliverables:
3.1: Draft Concepts
3.2: Draft Renderings
3.3: Revised Draft Concepts
3.4: Revised Draft Renderings
3.5: Final Concept/Renderings
Task 4. Objective Design Standards
Consultant to create a set of standards that would apply to development of the sites.
These standards will build off and clarify newly adopted RVH zoning standards, including graphics need to clearly illustrate certain standards. Standards may cover the following design parameters, to be confirmed by City staff:
Modify the City’s Objective Design Standards to work with the R-VH Zone changes.
Task 4 Deliverables:
4.1: Phase 2 of Objective Design Standards that would be applicable for R-VH, TOD and Mixed-use development in these zones.
EXHIBIT 1
3 Task 5 – Public Improvements Assessment
Review of Public improvements outlined in the City’s General Plan to ensure they align with the proposed modifications to the zoning ordinance. This includes intersections slated for upgrade to either signal; an upcoming update to the City’s Bicycle and Pedestrian Master Plan; and known infrastructure deficits such as sidewalk gaps and pedestrian improvements as well as bicycle infrastructure needs and 0needed traffic improvements.
Task 5 Deliverables:
5.1: Public Improvement requirements updates along fronting roadways
5.2: Public Improvement requirements for redevelopment of BART parking lots
Task 6 – CEQA Analysis Update
We anticipate an Initial Study/Mitigated Negative Declaration or Negative Declaration for the rezoning project.
SUBTASKS TO BE ACCOMPLISHED:
• Kick-off Meeting
• Admin Draft with Technical Studies
• Public Draft
• Circulate CEQA Doc.
• Response to Comments
• Attend Public Hearings pertaining to the CEQA Analysis • Project Management
Task 6 Deliverables:
6.1: Project Scope
6.2: Project Description
6.3: Admin Draft
6.4: Response to Comments
6.5: Final Draft
Task 7 – Community Engagement
The City will develop a community outreach plan that will strive to reach all community members and encourage them to participate in the manner and language which makes them the most comfortable. The increased use of technology-assisted community engagement has placed a greater emphasis on the need to overcome the digital divide for our community members without access, and your Consultants will ensure that participation by cell phone is possible and encouraged so that internet access is not required.
SUBTASKS TO BE ACCOMPLISHED:
• Public Meetings in support of the project
EXHIBIT 1
4 Task 7 Deliverables:
7.1: Participation Plan
7.2: Electronic Survey and results
7.3: Stakeholder meetings with businesses, property owners, non-profit and for-profit developers, and residents
7.4: Newsletter, email list outreach, social media outreach for events
7.5: Other outreach meetings as may be determined in developing a Participation Plan
Task 8 – Public Meetings
The rezoning project and adoption will go through formal review and public hearing by the Planning Commission and the City Council.
SUBTASKS TO BE ACCOMPLISHED:
• Community & Economic Development Subcommittee Meetings (CEDD) • Planning Commission Meetings (PC)
• City Council Meetings (CC)
• Public Engagement Workshops/Meetings
Task 8 Deliverables:
8.1: Attend Subcommittee Meeting
8.2: Attend PC Meetings
8.3: Attend CC Meetings
8.4: Attend Community Meetings
8.5: Organize Workshops
EXHIBIT 1
5 EXHIBIT B: Pittsburg/Bay Point Bart Station Master Plan & Railroad Avenue Specific Plan Updates
SCHEDULE & BUDGET
DELIVERABLE
EXPECTED DATE OF
COMPLETION
BUDGET
Task 1 - Project Kick‐Off and Site Visit 3 months after NTP
$2,000
Task 2 – Zoning Text Updates 9 months after
NTP
$50,000
Task 3 - Development Standards Site Plan, Elevations,
and Model
9 months after
NTP
$45,000
Task 4 – Objective Design Standards 9 months after
NTP
$48,000
Task 5 – Public Improvement Assessment 5 months after
NTP
$38,000
Task 6 – CEQA Analysis
9 months after NTP $60,000
Task 7 – Community Engagement
Throughout Project $5,000
Task 8 – Public Meetings
11 months after NTP $2,000
Total 12 – 14 months after NTP $250,000
EXHIBIT 2
WAIVER OF CLAIMS AND INDEMNIFICATION AGREEMENT
Between METROPOLITAN TRANSPORTATION COMMISSION
And CITY OF PITTSBURG
For TECHNICAL ASSISTANCE FOR TRANSIT-ORIENTED COMMUNITIES PLANNING
THIS AGREEMENT is made and entered into as of October 20, 2025, by and between the Metropolitan Transportation Commission, a regional transportation planning agency established pursuant to California Government Code § 66500 et seq., (herein called “MTC”), and City of Pittsburg (herein called “Recipient”).
WITNESSETH
WHEREAS, MTC has entered or will enter into a professional services agreement with a consultant (herein called “Consultant”) under which Consultant will develop plans and policies necessary for compliance with MTC’s TOC Policy as detailed in the application for the 2024 Transit Oriented Communities Planning and Implementation grant call submitted by Recipient to MTC; WHEREAS, the term of MTC’s contract with the Consultant is from August 1, 2025 to December 31, 2030.
WHEREAS, Recipient will be receiving technical assistance from Consultant for the Project:
WHEREAS, the parties wish to define Recipient’s obligations to MTC respecting waiver of claims and indemnity;
NOW, THEREFORE, the parties hereto agree as follows:
1.0 WAIVER OF CLAIMS AGAINST MTC
Recipient waives all claims by Recipient, its directors, supervisors, officers, employees, or agents against MTC, its commissioners, officers, and/or employees for damages, loss, injury and/or liability, direct or indirect, resulting from Recipient’s participation in the Project and/or the services provided to Recipient by the Consultants under contract to MTC. Recipient’s waiver shall not apply to liability arising from and caused by the gross negligence or willful misconduct of MTC, its commissioners, officers, and/or employees.
2.0 INDEMNIFICATION AND DEFENSE
Recipient agrees to indemnify, hold harmless and defend MTC, its commissioners, officers, and employees from any and all third party claims, demands, lawsuits, liability, loss, damages, injury and/or liability, direct or indirect (including any and all costs and expenses in connection therewith), resulting from or in connection with provision of services to Recipient by the Consultant under contract with MTC, to the extent such claims, demands, etc. are not covered by the Consultant’s indemnification of MTC in the Consultant’s contract with MTC. Recipient’s indemnification obligation shall not apply to liability arising from and caused by the gross negligence or willful misconduct of MTC, its commissioners, officers, agents, and employees. MTC shall provide a copy of the Consultant Agreement upon request.
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto.
CITY OF PITTSBURG Approved as to form:
Name of Authorized Signatory
Title
Name
Title
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the City Manager to Execute a Consulting Services Agreement with GHD, Inc. for the Design of Project 5090- Bella
Vista/Riverview Water Consolidation
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
Project 5090-Bella Vista/Riverview Water Consolidation (Project) is for the construction of improvements necessary to decommission the existing well systems currently serving the Bella Vista and Riverview Mobile Home Parks, and to connect both areas to the City’s potable water system. Adoption of this resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with GHD, Inc. (GHD) for the design of the Project.
FISCAL IMPACT
The proposed design fee for the Project is $150,307. Funding will be reimbursed from the current approved Project budget, which is funded by $952,400 of Safe and Affordable Fund for Equity and Resilience (SAFER) Program. This fund will be administered by the City to benefit the Bella Vista and Riverview Mobile Home Park communities. No additional funds are being requested.
RECOMMENDATION
City Council adopt the attached Resolution authorizing the City Manager to execute the Agreement with GHD for the design of the Project in an amount not to exceed $150,307.
BACKGROUND
The Bella Vista Mobile Home Park, located at 1570 Willow Pass Road, is currently served by the Bella Vista Water System (BVWS). On April 9, 2021, Contra Costa Environmental Health issued Compliance Order No. 0707589 to BVWS for non- compliance with the Maximum Contaminant Level (MCL) for arsenic. The Compliance Order required BVWS to notify its customers of the MCL violation, submit a corrective action plan and comply with the arsenic MCL by April 1, 2024.
The Riverview Mobile Home Park, located at 1526 Willow Pass Road, is served by the Riverview Water System (RWS), which relies on a groundwater well (Riverview Well) to provide drinking water to approximately 126 residents through 45 unmetered service connections. While the RWS is not currently under a compliance order, it shares similar challenges related to water quality and infrastructure.
On May 30, 1985, the City entered into an outside water service agreement with Robert G. Grady and Lynnmary Grady, who owned the parcel upon which Riverview Mobile Home Park was then located. This agreement obligates the City to provide water service for the property. This agreement was recorded with the Contra Costa County Recorders Office on June 6, 1985, and remains binding with Grady successors in interest as it runs with the land.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee.
STAFF ANALYSIS
The recommended improvements for the Project require the abandonment of the two existing wells, installation of new water service connections and appurtenant improvements to provide potable water service to each property, and new service connections for fire protection.
Due to a lack of financial resources, the owners of the BVWS and RWS are unable to fund the necessary improvements for connection to the City’s water system. As such, the State Water Resources Control Board (Water Board) has recommended consolidation of both systems with the City to ensure the long-term provision of safe, reliable drinking water to the Bella Vista and Riverview communities.
GHD was selected by the Water Board, through its procurement process, to provide professional design services for the Project. As part of the Cooperative Agreement with the State, the City will proceed with GHD to complete the design phase under City management, ensuring continuity and compliance with the Project’s funding and regulatory requirements.
Based on a comprehensive cost proposal review, staff recommends awarding the design contract to GHD. The scope of GHD design service includes preparation of bid- ready construction documents by building upon the previously completed 90% design plans and technical specifications to deliver a finalized design biddable package.
ATTACHMENTS: Resolution
Consulting Services Agreement
Report Prepared By: Tina Tan, Assistant Engineer
Resolution No. 25- Page 1 of 2 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the City Manager to Execute a )
Consulting Services Agreement with GHD, Inc. ) RESOLUTION NO. 25- For the Design of Project 5090- Bella Vista/ )
Riverview Water Consolidation )
WHEREAS, Project 5090- Bella Vista/Riverview Water Consolidation (Project) is for the construction of improvements necessary to decommission the existing well systems currently serving the Bella Vista and Riverview Mobile Home Parks, and to connect both properties to the City’s potable water system; 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 exceedance of arsenic in its water supply, requiring corrective action; and WHEREAS, the property owners of Riverview Mobile Home Park executed an agreement with the City in 1985, which allowed the property to receive potable water service from the City. However, the necessary improvements to establish 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 long-term access to safe drinking water; and
WHEREAS, Bennett Trust and Riverview MHP, LP, collectively, the "Owners" of the Bella Vista and Riverview Mobile Home Parks respectively, lack the financial resources to fund 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 Owners; and WHEREAS, GHD, Inc. was previously selected by the Water Board through its procurement process to perform design services for the Project, and as part of the Cooperative Agreement between the Water Board and the City, will continue to provide design services under the City’s management.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with GHD, Inc.
Resolution No. 25- Page 2 of 2 October 20, 2025
PASSED, AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
Consulting Services Agreement between October 21, 2025
the City of Pittsburg and GHD, Inc.
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
GHD, INC.
Project 5090 Bella Vista/Riverview Water Consolidation
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg, a municipal corporation (“City”) and GHD, a California corporation (“Consultant”) (together referred to as the “Parties”) as of October 21, 2025 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on January 31, 2027 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.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One Hundred Fifty Thousand Three Hundred Seven Dollars ($150,307), 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 Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
Consulting Services Agreement between October 21, 2025
the City of Pittsburg and GHD, Inc.
guarantee that the City shall pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.
▪ Email invoices to [email protected]
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
Consulting Services Agreement between October 21, 2025
the City of Pittsburg and GHD, Inc.
within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
2.4 Reimbursable Expenses. Reimbursable expenses, if any, are specified in Exhibit B and included in the total compensation referenced in Section
2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
Consulting Services Agreement between October 21, 2025
the City of Pittsburg and GHD, Inc.
single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
Consulting Services Agreement between October 21, 2025
the City of Pittsburg and GHD, Inc.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
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4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Indemnification. Consistent with California Civil Code Section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless City, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties, or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by City, Consultant shall defend any such suits at its sole cost and expense. If City elects to provide its own defense, Consultant shall reimburse City for any expenditures, including reasonable attorneys’ fees and costs. Consultants’ obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of City or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, City for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This Section 5.1 shall survive any expiration or termination of this Agreement.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
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City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant 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.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
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Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
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8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
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10.2 Venue. In the event that either party brings any action against the other under this Agreement, 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.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested, Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
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Consultant: GHD, Inc.
718 Third St.
Eureka, CA 95501
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
To the extent there are any inconsistences between this Agreement, the Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistences between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
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The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG CONSULTANT
____________________________ ______________________________ Maria M. Aliotti, Interim City Manager Emma Del Vento, Project Director
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Project Approach
Consultant shall build upon the already completed 90% design plans and technical specifications to prepare a for-bid package including 100% For Construction Plans and Technical Specifications, Engineer’s Opinion of Probable Construction Cost Estimate and Bid Schedule. Consultant shall work with City to compile the design documents into a complete bid-ready Project Manual incorporating the City’s Front-End documents and Contract Documents.
Scope of Services
Task 1 – Project Management and Coordination
This task includes project administration, coordination, meetings and quality control.
Consultant shall provide project management duties such as coordination with City, the SWRCB (DDW, DFA), Contra Costa County Department of Health, Contra Costa Fire Protection District, prepare monthly invoicing, quality assurance and control, and meetings.
Consultant has scoped the following project meetings, in addition to regular project correspondence:
Consultant shall conduct a virtual Project kick-off to assure roles and responsibilities are understood by Project participants.
Field Visit Meeting- Consultant shall participate in one (1) site visit with City staff to discuss the project, Consultant has allowed for one (1) meeting with a Consultant inspector or staff engineer.
Design Review Meetings – Consultant shall participate in design progress and design review meetings to review the existing 90% submittal and after submission of the 100% submittal. Consultant anticipates these will be conducted via Microsoft Teams, will last a duration of 1 hours, and we have allowed for a total of two (2) meetings with Consultant’s Project Manager and key members of Consultant’s engineering team.
Consolidation Coordination Meetings – Consultant shall participate in coordination meetings during Final design development with the City, DFA, Bella Vista and Riverview Mobile Home Parks. These meetings may be needed to discuss consolidation Docusign Envelope ID: D4243F26-E31E-490D-B958-38AC9B560C93
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considerations and requirements. Consultant has anticipated these meetings will be conducted via Microsoft Teams, will last a duration of 1 hour, and we have allowed for a total of three (3) meetings with Consultant’s Project Manager and key members of Consultant’s engineering team. Consultant shall support City with development of a Consolidation Agreement with each Mobile Home Park but not lead or author Consolidation Agreements. Consultant shall coordinate with DFA as needed to ensure bid-ready documents meet the conditions of the Expedited Drinking Water Grant, however effort related for administration of the Grant or to satisfy the terms of the Grant Agreement, outside of the scope described herein, is not included.
Deliverables:
• Meeting minutes with action items, email correspondence • Monthly invoices
Assumptions:
• The site visit meeting is assumed to be 2 hours in length, not including travel time or travel costs.
• Design Review Meetings are assumed to be 1 hour in length, 2 meetings. • Consolidation Coordination Meetings are assumed to be 1 hour in length, 3 meetings.
• Effort related to administration of the Grant or to satisfy the terms of the Grant Agreement, outside of the scope described herein, is not included in this task. • Support will extend approximately one and a half years following contract execution.
Task 2 – Contra Costa Fire Protection District Review and Approval
Additional coordination with Contra Costa Fire Protection District (CCFPD) to finalize the hydrant locations and obtain review and approval is required.
Per an initial discussion with Contra Costa Fire Protection District, land development review is required for this project.
Up to 16 hours of coordination support is included in this task. In July 2024 CCFPD noted a $632 initial review fee and additional permits and fees may be necessary which will be determined during initial review. A CCFPD review fee budget of $2,000 was included in Consultant’s Fee Estimate. If fees exceed this amount additional budget will be necessary.
Deliverables:
• Documentation of CCFPD review and approval.
Assumptions:
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• A CCFPD review fee budget of $2,000 was included in Consultant’s Fee Estimate. If fees exceed this amount additional budget will be necessary, alternatively the City of Pittsburg can pay the review fees and seek reimbursement from DFA through the EDWG.
• Effort to obtain permits and/or approvals from other agencies such as but not limited to CEQA (requires County Filing fees and CDFW review Fees), City (Construction Permit review Fees, Encroachment Permit review and fees, Development permit review and fees) are not included.
Task 3 – Bid Documents
Consultant shall prepare bid ready design drawings (plans) and technical specifications necessary to issue the project for bidding and construction. The submittals will be reviewed with City in Microsoft Teams meetings.
Consultant shall also prepare an engineer’s opinion of probable costs and bid schedule.
Consultant shall work with City Public Works Department and Engineering Division staff to compile the design documents into a complete bid-ready Project Manual incorporating the County’s Front-End, procurement and Contract Documents.
As part of design finalization, Consultant shall conduct a constructability review, update the Cost Estimate, complete a Risk Register, and provide QA/QC.
Deliverables:
• 100% Final Issue for Construction Design Submittal, consisting of drawings sufficient for construction, bid schedule, engineer’s opinion of probable costs, and Technical Specifications to be included in the City’s Project Manual.
Documents will be provided as electronic PDFs. Final Design drawings can also be provided as AutoCAD files.
• Complete bid-ready Project Manual incorporating the City’s Front-End documents and Contract Documents.
Assumptions:
• City shall compile one set of comments for Consultant to address. • The scope and fee does not include costs or fees associated with obtaining environmental, agency or utility permits or resolving hazardous material issues.
City shall be responsible for paying all deposits and fees required for project implementation.
• Consultant shall not provide underground utility locating services. • Additional work that may be required as a condition of permit approval, besides that included to coordinate CCFPD Approval, is not included.
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• Construction Management and/or Inspection/Observation services are not included in this task.
• Consultant has included effort for two (2) Design Review Meetings under Task 1. • City shall be responsible for revising, editing and providing their Procurement, Contract Documents and Front-End Specifications (Div 00/01) to Consultant so that Consultant may compile the complete package into a Project Manual. • City will lead the process of amending their drinking water permit with DDW but Consultant shall provide support and technical assistance to City as needed. • City shall obtain waivers as needed where Title 22 required utility separation cannot be obtained.
Task 4 – Grant Administration
Consultant shall assist City with EDW Grant Administrative tasks such as:
• Coordinate periodic and final site visits with the DFA Project Manager. • Ensure pre, during and post construction photos of the project site are submitted to the DFA Project Manager as part of the progress reports. • Complete EDWG Request for Bid Solicitation Approval Form. • Ensure that City submits any required drinking water permit amendment application documents to the DDW and the DFA Project Manager prior to Completion of Construction. City shall lead the process of amending their drinking water permit with DDW but Consultant shall provide support as needed. • Completion of quarterly progress reports and submission to the DFA Project Manager.
• Prepare and submit the project completion report, with support from City Staff. • Coordination (not attendance) of the Final Project Inspection and Certification.
Deliverables:
• EDWG Request for Bid Solicitation Approval Form.
• Quarterly Progress Reports to DFA.
• Project Completion Report to DFA.
Assumptions:
• City shall oversee the completion of and submit all necessary Environmental Documents to DFA Project Manager.
• City shall complete and deliver the final budget approval form to DFA Project Manager with Consultant support as needed.
• City shall complete the TMF Assessment and submit mandatory and necessary documents to the DFA Project Manager.
• City shall prepare and execute Consolidation Agreements with the mobile home parks and submit copies to the DFA Project Manager.
• City shall prepare and submit reimbursement requests to the DFA Project Manager with assistance from Consultant as needed.
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• City shall maintain accounting and auditing standards and financial management systems in accordance with the terms and conditions of the Grant. • City shall lead the process of amending their drinking water permit with DDW and submit copies to the DFA Project Manager, with assistance from Consultant as needed.
• The City shall manage all construction phase activities and therefore Consultant shall rely on City staff to supply progress communications, construction administration and observation and inspection communications such as photos during construction that will be required for Grant reporting. • City shall provide Consultant with certain documents and services:
o Timely review of all final design, bid phase, Grant related and close out documents.
o Project coordination and communication with other agencies, stakeholders, and the community.
o Internal City project coordination and communication to facilitate meetings, site visits, and internal approval processes.
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EXHIBIT B
COMPENSATION SCHEDULE
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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
CONSULTANT
By:
Title: Project Director
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Approving the Terms and Conditions of Employment for Police Management
Group (PMG) for the Period July 1, 2025 through June 30, 2028
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
The City of Pittsburg and the Police Management Group (PMG) propose terms and conditions of employment for the period of July 1, 2025 through June 30, 2028 (Contract Period).
FISCAL IMPACT
The total net impact to the General Fund in Fiscal Year 2025-26 is $150K, of which $76K is reflected in the adopted budget. The additional cost over the adopted FY 2025- 26 budget is $74K. The costs associated with the terms and conditions for the remaining fiscal years of the Contract Period will be budgeted accordingly in future fiscal years.
RECOMMENDATION
Staff recommends that the City Council adopt the Resolution approving the last, best, and final agreement between the City and PMG for the Contract Period, authorizing the City Manager to prepare and execute a successor Memorandum of Understanding (MOU), and authorizing corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2025-26, 2026-27, and 2027-28.
BACKGROUND
The City and PMG started negotiation sessions in May 2025 to develop a successor MOU and met numerous times to discuss proposals surrounding the upcoming contract term, wages, and other contract items. PMG has accepted the terms of the Last, Best and Final Offer (LBFO) presented by the City on September 24, 2025, which includes the terms and conditions of employment that provide for a three-year contract, cost of living adjustments (COLAs) each year, elimination of holiday pay as special compensation, reduction in education incentive pay, addition of longevity incentive pay, increase in deferred compensation, changes in terms for Retiree Medical for classic employees, vacation buy-back, and other non-economic items. In addition, the City and PMG have agreed to reopen the contract in May 2026 to address market equity and incentives. The current PMG MOU expired June 30, 2025.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
The terms of the LBFO agreement between the City and PMG include the following:
• Effective the first pay period following July 1, 2025, PMG will receive a COLA of
2.7%.
• Effective the first pay period following July 1, 2026, PMG will receive a COLA minimum of 2% and maximum of 3% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward (CPI- U). The maximum COLA may rise to 4% based on the December 2025 CPI-U and a general fund on-going revenue target of $65.5M according to the FY 2026- 27 adopted budget.
• Effective the first pay period following July 1, 2027, PMG will receive a COLA minimum of 2% and maximum of 3% based on the December 2026 CPI-U. The maximum COLA may rise to 4% based on the December 2026 CPI-U and a general fund on-going revenue target of $68M according to the FY 2027-28 adopted budget.
• “On-Going Revenue” is defined as revenue generated by existing and ongoing programs such as sales tax; transit occupancy tax; property tax; franchise fees; fines and forfeitures; intergovernmental revenue; permits, licenses, and fees; service fees; and other transfer “types” into the General Fund having taken place consistently for the previous three (3) years. On-going revenue excludes any one-time funds; that have restrictions in which they may be used and those funds specifically designated for capital projects as well as fees or sales taxes paid in relation to development projects subject to a development agreement, as
these projects may require one-time fees in excess of the City’s anticipated ongoing revenue projections.
• Holiday in-lieu special compensation pay of 5.5% will be eliminated and 5.5% will be added to base pay.
• One (1) additional Floating Holiday (for up to 24 hours of Floating Holiday); swap Lincoln’s Birthday with Juneteenth. Washington’s birthday becomes "President’s Day" (third Monday in February).
• Increase City’s deferred compensation match from $100 per month to $150 per month.
• Education Incentive Pay for all Bargaining Unit Members will be reduced to 2.5% for a Master’s Degree.
• Longevity Incentive Pay: The City shall establish a Longevity program with the following premiums. The maximum Longevity Incentive will be 7.5%. As used in this section, “Years of Service” refers to continuous years of City service.
However, employees will be granted up to ten (10) years of service credit based on sworn service as a peace officer as defined in Chapter 4.5, Section 830 of the California Penal Code with a different city, county, municipal district, college/university, state or federal agency. Lateral employees seeking service credit for service with other employers must provide satisfactory proof of prior service as a peace officer. Longevity Pay will not be provided until the City has evaluated and confirmed the prior years of service.
Bargaining unit members with the following years of service shall receive the corresponding longevity premium (premiums are not cumulative):
7 years – 2.5%
12 years – 5.0%
16 years – 7.5%
Maximum Combined Education, POST Certification, and Longevity Incentives are 15%. • Service Achievement Plan will be eliminated for future accruals. Existing Service Achievement Incentive Plan hours will be maintained in the employee's accrual bank.
• Retiree Medical for Classic Members: With 20 years of service, employees may opt to resign from City service and receive Retiree Medical up to the Kaiser dual active employee rate until age 65. Employees who opt into this program and select a medical plan outside of the City’s managed plan, may receive a reimbursement of their actual medical premium up to the Kaiser dual active employee rate until age 65. This plan does not include dental, vision or expenses beyond the standard medical premium.
• The Citywide vacation buy-back program will increase to $225K annually from $180K annually. Employees may request vacation buy-back during the City’s designated request period and payment will be made during the City’s designated pay-out period each year.
• In May 2026, the City and PMG will reopen the discussion on market equity and/or incentives to survey Police Lieutenant and Police Captain total compensation. The City will make efforts to reach within 5% of the market median for total compensation. The City and PMG will form a Joint Labor Management Committee (JLMC) to conduct a total compensation survey. • Additional non-economic items include terms for disciplinary action appeals and removal of references to COVID-19 in the MOU.
Should the City Council approve these terms identified in the LBFO agreement, staff will prepare a successor MOU that incorporates the agreed upon changes.
ATTACHMENTS: Resolution
Last Best and Final Offer
Report Prepared By: Jennifer Brizel, Director of Human Resources
Resolution No. 25- Page 1 of 2 October 20, 2025
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving the Terms and Conditions of )
Employment for the Police Management ) RESOLUTION NO.25- Group (PMG) for the Period of )
July 1, 2025 through June 20, 2028 )
WHEREAS, the most recent Memorandum of Understanding (MOU) between the City of Pittsburg and the Police Management Group (PMG) expired on June 30, 2025; and
WHEREAS, after meeting numerous times to discuss proposals surrounding the upcoming contract term, wages, and other contract concerns, the PMG has accepted the terms of the Last, Best and Final Offer (LBFO) presented by the City; and
WHEREAS, staff recommends a three-year contract term, cost of living adjustments (COLAs) each year of the contract term, holiday in-lieu as special compensation pay will be eliminated and added to base pay, reduction in education incentive pay, the addition of longevity incentive pay, elimination of Service Achievement Award, increase in deferred compensation, changes in terms for Retiree Medical for classic employees, increase of Citywide vacation buy-back, other non-economic items; and
WHEREAS, the City and PMG have agreed to reopen the contract in May 2026 to address market equity and incentives. City will make efforts to reach within 5% of the market median for total compensation; and
WHEREAS, City representatives and the duly appointed representatives of PMG have met and conferred in accordance with Section 3500 et seq. of the California Government Code; and
WHEREAS, PMG signed the LBFO agreement, attached as Exhibit A to the Staff Report on September 24, 2025; and
WHEREAS, upon adoption of this Resolution, the City Manager and staff will prepare a successor MOU that incorporates the agreed upon terms and conditions.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves the tentative agreement between the City and PMG for the period of July 1, 2025 through June 30, 2028, authorizes the City Manager to prepare and execute a successor MOU consistent with the terms and conditions outlined in the agreement, attached hereto and marked as Exhibit A, and authorizes corresponding budget appropriations, expenditures, and funding to be incorporated into the budget for Fiscal Years 2025-26, 2026-27, and 2027-28.
Resolution No. 25- Page 2 of 2 October 20, 2025
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
1 City of Pittsburg and the Pittsburg Police Management Group Successor Agreement Negotiations
The City of Pittsburg values the dedication and service of its Police Managers . After extensive discussions, bargaining sessions, and exchange of proposals, the City has reached the point where it must present this Last, Best and Final Offer (LBFO). This proposal represents the City’s complete and final position in the current negotiations, effective September 24, 2025.
This Last Best and Final Offer is contingent upon ratification by the bargaining unit and approval by the City Council and offered in good faith as a fair and balanced resolution to negotiations. All items in the current MOU not identified in this LBFO shall remain the same.
CITY LAST, BEST AND FINAL OFFER PACKAGE
Term:
Three Years
(July 1, 2025 - June 30, 2028)
Cost of Living Adjustment
A. Effective the first pay period following July 1, 2025, PMG will receive a cost-of-living adjustment (COLA) of
2.7%.
B. Effective the first pay period following July 1, 2026, PMG will receive a COLA minimum of 2% and maximum of 3% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward (CPI-U). The maximum COLA may rise to 4% based on the December 2025 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward and a general fund on- going revenue target of $65.5M according to the FY 2026/2027 adopted budget.
C. Effective the first pay period following July 1, 2027, PMG will receive a COLA minimum of 2% and maximum of 3% based on the December 2026 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward (CPI-U). The maximum COLA may rise to 4% based on the December 2026 Consumer Price Index for All Urban Consumers for San Francisco-Oakland-Hayward and a general fund on- going revenue target $68M according to the FY 2027/2028 adopted budget.
D. “On-Going Revenue” is defined as revenue generated by existing and ongoing programs such as sales tax; transit occupancy tax; property tax; franchise fees; fines and forfeitures; intergovernmental revenue; permits, licenses, and fees; service fees; and other transfer “types” into the General Fund having taken place consistently for the previous three (3) years. On-going revenue excludes any one-time funds; that have restrictions in which they may be used and those funds specifically designated for capita l projects as well as fees or sales taxes paid in relation to development projects subject to a development agreement, as these projects may require one-time fees in excess of the City’s anticipated ongoing revenue projections.
Holiday Pay
Conversion of Holiday in Lieu - Eliminate Holiday in Lieu Pay and convert the existing pay into a 5.5% salary range increase.
One (1) additional Floating Holiday (for up to 24 hours of Floating Holiday); swap Lincoln’s Birthday with Juneteenth. Washington’s birthday becomes “President’s Day (third Monday in February).
Longevity and Education/Certification Incentive Pay:
7 years – 2.5%
12 years – 5.0%
16 years – 7.5%
Docusign Envelope ID: 32E65050-82AE-4999-9551-9E33798140F3
2 Officers may include up to ten (10) years of service credit as a sworn law enforcement officer from another law enforcement agency. Subject to CalPERS approval.
Service Achievement Plan is eliminated for future accruals. Existing Service Achievement Incentive Plan hours will be maintained in employee’s accrual bank.
Education Incentive for All Bargaining Unit Members:
Master’s Degree: 2.5% of base pay
Certification Pay for All Bargaining Unit Members:
POST Management Certificate: 2.5% of base pay
Command College Certificate: 2.5% of base pay
Vacation Buy-Back
Increase Citywide Vacation Buy-Back allocation to $225K annually; limit to one payout period annually Disciplinary Action
Written reprimands will be appealed to Chief; employee may write a rebuttal statement; remove City Attorney references.
COVID-19
Remove COVID Leave References in MOU: Sections 8.3, 9.3 Retiree Medical
Retiree Medical for Classic Members: With 20 years of service, employees may opt to resign from City service and receive Retiree Medical up to the Kaiser dual active employee rate until age 65. Employees who opt into this program and select a medical plan outside of the City’s managed plan, may receive a reimbursement of their actual medical premium up to the Kaiser dual active employee rate until age 65. This plan does not include dental, vision or expenses beyond the standard medical premium.
Deferred Compensation
Increase City’s deferred compensation match to $150 per month.
Equity and Incentive Reopener
In May 2026, the City and PMG will reopen the discussion on market equity and/or incentives to survey Police Lieutenant and Police Captain total compensation. The City will make efforts to reach within 5% of the market median for total compensation. The City and PMG will form a Joint Labor Management Committee (JLMC) to conduct a total compensation survey of the following agencies for comparison:
• Antioch
• Brentwood
• Concord
• Contra Costa County
• Martinez
• Oakley
• Pinole
• Pleasant Hill
• Richmond
• San Ramon
• Walnut Creek
The survey will include the following comparison categories:
• Comparator Agency
• Classification Title
• Top Monthly Salary Step
• POST and Education
Certification Maximum
• Shift Differential Maximum
• Deferred Compensation
• Monthly Medical - Kaiser Family Employer
Contribution
• Total Monthly Compensation
Docusign Envelope ID: 32E65050-82AE-4999-9551-9E33798140F3
3 • Longevity Pay Maximum
• Specialty/Premium Maximum
This LBFO reflects the City’s commitment to fairly compensating its police management employees while maintaining fiscal responsibility on behalf of the community. It is the City’s final position, and acceptance of this LBFO will conclude negotiations for the 2025-2028 MOU term.
For Police Management Group For City of Pittsburg
_______________________________________
Les Galer, Police Lieutenant
_______________________________________
Maria Aliotti, Interim City Manager
_______________________________________
William Hatcher, Police Lieutenant
_______________________________________
Jennifer Brizel, Director of Human Resources
_______________________________________
Gabriel Palma, Police Lieutenant
_______________________________________
Jordan Davis, Director of Community &
Economic Development
Docusign Envelope ID: 32E65050-82AE-4999-9551-9E33798140F3
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution to Reclassify One Position, Establish a Salary Range for Payroll Supervisor, and Authorize Amendments to the AFSCME Management
Professional Confidential Memorandum of Understanding
and Allocate Funding
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
The City Manager, upon recommendation from the Director of Human Resources, has added the new classification Payroll Supervisor. In accordance with the City’s Personnel Rules, the City Council is asked to amend the AFSCME Management/Professional/Confidential (MPC) Memorandum of Understanding, approve the position upgrade, and establish a salary range.
FISCAL IMPACT
The fiscal impact of the position upgrade/reclassification from Senior Payroll Coordinator to Payroll Supervisor is approximately $4,700 for the remainder of the 2025-26 fiscal year. The cost of the reclassification will be funded through the existing budget.
RECOMMENDATION
The City Council adopt a resolution to approve the position upgrade, establish the salary range for Payroll Supervisor class specification, and amend the AFSCME MPC Memorandum of Understanding.
BACKGROUND
A request was received by Human Resources to review the duties performed by the
Senior Payroll Coordinator. In evaluating the request, staff reviewed the Position Classification Questionnaire that details current duties and responsibilities, class specifications and Personnel Rule 3.5 - Reclassification. The respective managers reviewed the Position Classification Questionnaire for accuracy and recommended the incumbent be properly classified to reflect current duties and responsibilities. Staff concluded the classification study and found it was appropriate to reclassify the incumbent to Payroll Supervisor based on the level of decision-making responsibility, independence of action taken, and significant accountability of Payroll operations. The incumbent supervises, plans, assigns, evaluates a variety of payroll activities, and serves as the City’s subject matter expert.
SUBCOMMITTEE FINDINGS
This item was not reviewed by a subcommittee.
STAFF ANALYSIS
The recommended salary range of the Payroll Supervisor is aligned to the Revenue Operations Supervisor in the Water Payment Center based on the level of programmatic responsibility, independence, and complexity. The salary range is $8,570 to $10,417 per month.
The new classification will be represented by the AFSCME MPC bargaining unit.
Human Resources notified AFSCME unit representatives of the proposed classification specification and salary range. The union found the classification specification and salary range to be acceptable and signed the attached side letter agreement to the Memorandum of Understanding.
In accordance with Personnel Rule 3.5 Reclassification Positions, if a reclassification requires the expenditure of funds which exceeds the amount authorized by the City Council, the reclassification shall not take place until additional funding is approved by the Council. The reclassification exceeds the amount authorized for the Senior Payroll Coordinator position.
Personnel Rule 11.1 Salary Plan, Salary ranges are set for each class by the City Council. No person may be paid less than the minimum, nor more than the maximum salary established for the class in which employed. No change in the salary range of a class may be made without City Council approval.
ATTACHMENTS: Resolution
Exhibit A - Side Letter Agreement to the AFSCME MOU
Staff Report Prepared By: Griselda Clift, Senior Human Resources Analyst
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Approving One Position Reclassification, )
Establishing the Salary Range for Payroll ) RESOLUTION NO. 25- Supervisor, and Amending the AFSCME )
MPC Bargaining Agreement )
WHEREAS, the City Manager, upon recommendation from Human Resources, has established the new class specification for Payroll Supervisor, and
WHEREAS, the City’s Personnel Rules require City Council approval to increase position allocations; and
WHEREAS, the City’s Personnel Rules call for the City Council to establish the salary ranges for classifications, and
WHEREAS, staff recommends the salary range for the Payroll Supervisor class specification to be $8,570 to $10,417 per month, and
WHEREAS, the Human Resources staff recommend the Payroll Supervisor be placed in the AFSCME Management Professional Confidential Bargaining Agreement and AFSCME unit has agreed to the same.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby approves one position reclassification establishing the position of and salary range for payroll supervisor, authorizes the amendments to the AFSCME Management Professional Confidential Agreement, and allocates funding accordingly.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Pittsburg Police Department to Purchase TI Training
Simulator Recon Utilizing Previously Awarded SLESA Grant Funds
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
The Pittsburg Police Department strives to provide the most efficient and effective training to meet both Federal and State mandated training requirements. If approved, the resolution will allocate funds and approve the purchase of a scenario-based training simulator, adding to the Police Department’s existing training infrastructure.
FISCAL IMPACT
This resolution will allocate $152,910 from the Police Department’s Supplemental Law Enforcement Services Account (SLESA - Fund 293). SLESA funds are previously awarded and approved funds dedicated to front-line services equipment, technological upgrades, and non-reimbursable training resources and conferences.
RECOMMENDATION
City Council adopt the attached resolution allocating $152,910 from SLESA - Fund 293 for the purchase and installation of a scenario-based training simulator manufactured and sold by TI Training LE, LLC.
BACKGROUND
TI Training LE, LLC is a cutting-edge, immersive training solution designed to enhance the preparedness, decision-making, and de-escalation tactics and techniques of today’s police officers.
Scenario-based training is the most realistic type of training in which police officers can participate. Large scale scenario training, although very practical and extremely effective, requires many participants as role players and safety officers. Several safety standards must be adhered to and implemented during this type of training, often requiring the use of an offsite, large-scale training site that is closed to the public and secured for every participant’s safety. TI Training Simulator Recon eliminates the need for role players, safety officers, and large offsite training areas because it is self- contained. The training simulator contains a computer, projector, and three 11’ ft wide LCD video walls to provide 180-degree perspective to officers. The 180-degree perspective allows the officers to experience a more realistic landscape, enhancing the overall training and preparedness of our officers. This simulator aligns with national standards for officer training and is instrumental in providing ongoing professional development and certification requirements.
Key benefits of TI Training simulators include enhanced training realism, including dynamic scenarios that replicate real-world complexity. It provides a risk-free environment where officers can make decisions and learn from their mistakes without real world consequences. The TI Training simulator is designed to increase an officer’s de-escalation knowledge, skills, and confidence in a safe environment.
The Police Department’s training team has successfully developed and received certification of a California Peace Officers Standards and Training (P.O.S.T.) four-hour Perishable Skills Program (PSP) course for the Use of Force/De-Escalation training.
Not only will the department accomplish its own training mandates but it will also generate revenue from regional police departments who do not have a similar training simulator, a training location to use such equipment, or the means to obtain the required P.O.S.T certification to conduct the training. The TI Training Simulator Recon will be permanently located at the Pittsburg Police Department Training Center.
SUBCOMMITTEE FINDINGS
This item was presented to and supported by the Public Safety Subcommittee.
STAFF ANALYSIS
Training today’s police officer requires exposing them to as many different scenarios and variables within those scenarios as possible to ultimately give our community the best trained and most competent police officers. With over 900 pre-recorded training scenarios and continual quarterly roll out of newly designed scenarios, our officers will never run out of training opportunities to challenge their decision-making abilities, and their patrol and de-escalation tactics.
The Police Department procured equipment from TI Training LE, LLC in 2018. The proposed training simulator will be an addition and enhancement to the Police Department’s existing training equipment by the same manufacturer. The Ti Training Simulator will significantly impact the department’s ability to train police officers on the rigors and challenges of the policing profession for decades to come.
ATTACHMENTS: Resolution
Report Prepared By: Steve Albanese, Chief of Police
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing the Pittsburg Police )
Department to Purchase TI Training ) RESOLUTION NO. 25 Simulator Recon Utilizing Previously )
Awarded SLESA Grant Funds )
WHEREAS, the Pittsburg Police Department strives to provide the most efficient and effective training to meet both Federal and State mandated training requirements; and
WHEREAS, the TI Training Simulator Recon is a cutting-edge, immersive training solution designed to enhance preparedness, decision-making, and de-escalation tactics and techniques of today’s police officers; and
WHEREAS, the Ti Training Simulator includes enhanced training realism, dynamic scenarios, and provides a risk-free environment where officers can make decisions and learn without real world consequences; and
WHEREAS, training police officers require exposing them to as many different scenarios and variables within those scenarios as possible to give the Pittsburg community the best trained and most competent police officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the appropriation of Supplemental Law Enforcement Services Account (SLESA) funds in the amount of $152,910 for the purchase of the TI Training LE, LLC scenario-based Training Simulator Recon, enhancing the Police Department’s existing training infrastructure.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of the Office of Traffic Safety Grant Funds for the Selective Traffic Enforcement Program (STEP)
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the Office of Traffic Safety. The $110,000 grant will provide resources to fund various traffic enforcement and safety programs.
FISCAL IMPACT
Upon award of the grant funds, the Police Department is requesting appropriation of $110,000 to the FY 2025-26 budget to fund overtime costs for supervisors, uniformed officers, and civilian staff to conduct: 4 driving under the influence (DUI) checkpoint operations; 21 DUI roving patrols; 4 collaborative DUI enforcement operations; 5 Traffic Enforcement Operations; 8 Distracted driving operations, in-state travel for approved DUI enforcement schools, and DUI enforcement equipment. State funds allocated under this agreement shall not exceed $110,000.
RECOMMENDATION
Staff recommends City Council adoption 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.
BACKGROUND
The goal of the Selective Traffic Enforcement Program (STEP) is to induce motorists to drive safely. To achieve this goal, the STEP model combines intensive enforcement of a specific traffic safety law with extensive communication, education, and outreach, informing the public about the enforcement activity. First used in Canada, the evolution of STEP has brought high-visibility enforcement campaigns popularized by the National Highway Traffic Safety Administration’s Click It or Ticket seat belt program.
SUBCOMMITTEE FINDINGS
This item was presented to and supported by the Public Safety Subcommittee.
STAFF ANALYSIS
Like any good deterrence program designed to change motorists’ behavior, STEP is conducted throughout the year to maintain positive behavior, public awareness, and law enforcement engagement.
The major organizational components of a STEP are project staffing and management, problem identification and goal setting, and program and evaluation design. Each of these three components are vital to the success of a STEP.
For Pittsburg, the goal of the STEP is to reduce the number of victims killed and injured in all automobile crashes. This includes alcohol related and all other primary collision factor incidents. The Pittsburg Police Department will conduct selective traffic operations, DUI roving patrols, and a motorcycle safety operation, as well as additional training related to DUI enforcement during a twelve-month grant period to meet this goal. These operations are very effective forms of enforcement and increase the perception of the risk of arrest if they are adequately publicized and highly visible to the public.
ATTACHMENTS: RESOLUTION
Report Prepared By: Steve Albanese, Chief of Police
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Acceptance and Appropriation )
Of the Office of Traffic Safety Grant Funds ) RESOLUTION NO. 25- For the Selective Traffic Enforcement )
Program (STEP) )
WHEREAS, the Pittsburg Police Department has applied for and was awarded $110,000 in grant program funds from the Office of Traffic Safety Selective Traffic Enforcement Program (STEP) Grant; and
WHEREAS, the grant funds are intended to pay the City’s overtime costs for supervisors, uniformed officers and civilian staff to conduct selective traffic enforcement operations including, driving under the influence (DUI) checkpoints, DUI roving patrols, collaborative roving patrols, traffic safety patrols, educational presentations, equipment, and travel during the one-year grant period.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the City Manager to accept grant funds from the Office of Traffic Safety Selective Traffic Enforcement Program Grant, allocate funds to pay for costs associated with conducting the DUI and traffic enforcement activities, and execute all necessary documents.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR
65 Civic Avenue
Pittsburg, CA 94565
TO: Mayor and Council Members
FROM: Maria M. Aliotti - Interim City Manager
SUBJECT: Adoption of a City Council Resolution Authorizing Execution of Consulting Services Agreement with Raney Planning &
Management, Inc. for California Environmental Quality Act (CEQA) Analysis and Permitting for Project 3038 - West
Leland Road Extension Phase II
MEETING DATE: October 20, 2025
EXECUTIVE SUMMARY
Project 3038 - West Leland Road Extension Phase II (Project) is the construction of an extension of West Leland Road, from Santa Teresa Drive to Avila Road, to enhance traffic circulation. The Project requires analysis of environmental impact under California Environmental Quality Act (CEQA) and permitting for construction. Adoption of this Resolution will authorize the City Manager to execute a Consulting Services Agreement (Agreement) with Raney Planning & Management, Inc. for CEQA analysis and permitting for the Project.
FISCAL IMPACT
The total compensation for the Agreement is $374,213. Funding will be provided from the current approved Project budget. No additional funds are being requested.
RECOMMENDATION
City Council adopt the Resolution authorizing the City Manager to execute the Consulting Services Agreement with Raney Planning & Management, Inc. for CEQA analysis and permitting for an amount not to exceed $374,213.
BACKGROUND
On June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/03 which appropriated $33,380,000 to the Project for design and construction in accordance with Cooperative Agreement No.18-25 between ECCRFFA and the City.
On June 16, 2025, the City Council adopted Resolution No. 25-14636, authorizing execution of a Cooperative Agreement with ECCRFFA for the Project.
The City advertised a Request for Proposals for professional services for CEQA analysis and permitting, and received and evaluated three proposals from consulting firms.
SUBCOMMITTEE FINDINGS
This item was not presented to a subcommittee meeting.
STAFF ANALYSIS
Staff reviewed and ranked the submitted proposals. Based on ratings of the received proposals and a comprehensive cost proposal review and fee negotiation, staff recommends awarding the design contract to Raney Planning & Management Inc. The scope of the environmental design services includes preparation of necessary technical studies, reports to support CEQA determination, and obtaining permitting for construction.
The Project will extend West Leland Road from its current terminus near Santa Teresa Drive in a westerly direction to Avila Road. The new road will be four lanes with a raised median, landscaping, sidewalks, and Class II bicycle lanes.
ATTACHMENTS: Resolution
Consulting Services Agreement
Report Prepared By: Savon Reese, Associate Engineer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG
In the Matter of:
Authorizing Execution of Consulting )
Services Agreement with Raney Planning & )
Management, Inc. for the CEQA Analysis ) RESOLUTION NO. 25- And Permitting for Project 3038-West Leland )
Road Extension Phase II )
WHEREAS, Project 3038-West Leland Road Extension Phase II (Project) is the construction of an extension of West Leland Road, from Santa Teresa Drive to Avila Road, to enhance traffic circulation; and
WHEREAS, the City advertised a Request for Proposals for professional services for California Environmental Quality Act (CEQA) analysis and permitting; and
WHEREAS, City staff received and evaluated three proposals from consulting firms. Based on ratings of the received proposals and a comprehensive cost proposal review and fee negotiation, staff recommends awarding the design contract to Raney Planning & Management Inc.; and
WHEREAS, on June 12, 2025, East Contra Costa Regional Fee and Financing Authority (ECCRFFA) adopted Resolution No. 25/03 which appropriated funds to the Project for design and construction in accordance with Cooperative Agreement No.18- 25 between ECCRFFA and the City; and
WHEREAS, on June 16, 2025, the City Council adopted Resolution No. 25- 14636, authorizing execution of a Cooperative Agreement with ECCRFFA for Project 3038 West Leland Road Extension Phase II.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pittsburg hereby authorizes the City Manager to execute the Consulting Services Agreement with Raney Planning & Management, Inc.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 20th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
____
Jelani Killings, Mayor
ATTEST BY:
Alice E. Evenson, City Clerk
Consulting Services Agreement between October 21, 2025
City of Pittsburg and Raney Planning & Management, Inc. Page 1 of 12
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF PITTSBURG AND
RANEY PLANNING & MANAGEMENT, INC.
Project 3038 West Leland Road Extension Phase II
THIS Agreement (“Agreement”) for consulting services is made by and between the City of Pittsburg (“City”) and Raney Planning & Management, Inc., a California corporation (“Consultant”) (together referred to as the “Parties”) as of October 21, 2025 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, and incorporated herein, at the time and place and in the manner specified therein.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on September 30, 2028 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.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, requests in writing the reassignment of any such persons to ensure Consultant performs services in accordance with the Standard of Performance, Consultant shall, immediately upon receiving City’s request, reassign such persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided herein above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Three Hundred Seventy-Four Thousand Two Hundred Thirteen Dollars ($374,213), as set forth in Exhibit B, attached hereto and incorporated herein for services to be performed and reimbursable expenses incurred under this Agreement.
This dollar amount is not a guarantee that the City will pay that full amount to the Consultant but is merely a limit of potential City expenditures under this Agreement.
Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
Consulting Services Agreement between October 21, 2025
City of Pittsburg and Raney Planning & Management, Inc. Page 2 of 12
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date.
Invoices shall contain the following information, unless waived by the City Manager, or his or her designee:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
▪ The Consultant’s signature.
▪ Emailed to [email protected]
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
2.3 Final Payment. Consultant shall submit its final invoice within 60 days of completing its services. Consultant’s failure to submit its final invoice within this 60-day period shall constitute Consultant’s waiver of any further billings to, or payments from, City.
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2. Expenses not listed in Exhibit B are not chargeable to, or reimbursable by, City.
2.5 Payment of Taxes. Consultant is solely responsible for the payment of all federal, state and local taxes, including employment taxes, incurred under this Agreement.
2.6 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written authorization from the City Manager, or his or her designee.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement
Section 4. INSURANCE REQUIREMENTS. Before beginning any services under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance specified herein and maintain that insurance throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant’s bid or proposal. Consultant shall be fully responsible for the acts and omissions of its subcontractors or other agents.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant in the amount required by applicable law. The requirement to maintain Statutory Workers’ Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Consultant is a sole proprietor and does not have any employees and will not have any employees during the term of this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $2,000,000 per occurrence and $4,000,000 aggregate, combined single limit coverage for risks associated with the work contemplated by this Agreement.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition) covering any auto (Code 1), or if Consultant has no owned autos, hired (code 8) and non-owned autos (Code 9). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Commercial General and Automobile Liability Insurance shall cover on an occurrence basis.
b. City, its officers, officials, employees, agents, and volunteers shall be covered as additional insureds for liability arising out of work or operations on behalf of the Consultant, including materials, parts, or equipment furnished in connection with such work or operations; or automobiles owned, leased,
hired, or borrowed by the Consultant. Coverage can be
provided in the form of an endorsement to the Consultant’s insurance at least as broad as CG 20 10 11 85, or both CG 20 10 10 01 and CG 20 37 10 01.
c. For any claims related to this Agreement or the work hereunder, the Consultant’s insurance covered shall be
primary insurance as respects the City, its officers, officials, employees, agents, and volunteers. Any insurance or self- insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the
Consultant’s insurance and non-contributing.
d. The policy shall cover inter-insured suits and include a “separation of Insureds” or “severability” clause which treats each insured separately.
e. Consultant agrees to give at least 30 days prior written notice to City before coverage is canceled or modified as to scope or amount.
4.3 Professional Liability Insurance.
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$1,000,000 per occurrence or claim covering the Consultant’s errors and omissions.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Submittal Requirements. Consultant shall submit the following to City prior to beginning services:
a. Certificate of Liability Insurance in the amounts specified in this Agreement; and
b. Additional Insured Endorsement as required for the General Commercial and Automobile Liability Polices.
4.4.2 Acceptability of Insurers. All insurance required by this Agreement is to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.3 Deductibles and Self-Insured Retentions. Insurance obtained by the Consultant shall have a self-insured retention or deductible of no more than $100,000.
4.4.4 Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).
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4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Consultant, its employees, agents, and subcontractors.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated herein, and Consultant shall ensure that City, its officers, officials, employees, agents, and volunteers are covered as additional insured on all coverages.
4.4.7 Excess Insurance. If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: 1) obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 2) order Consultant to stop work under this Agreement and withhold any payment that becomes due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof; and/or 3) terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1 General Requirement. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers, officials, employees, agents and volunteers (collectively, “Indemnitees”) from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, costs and fees of litigation, (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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applicable law or regulation, except such Liability caused by the sole negligence or willful misconduct of City.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damage or claims for damages whether or not such insurance policies shall be determined to apply.
5.2 PERS Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. Consultant 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.
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will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City.
7.4 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. Upon ten days’ prior written notice, City may cancel this Agreement at any time and without cause upon such written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.
8.2 Amendments. The parties may amend this Agreement only by a writing signed by the parties hereto.
8.3 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City Manager, or his or her designee. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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noted in the proposal, without prior written approval of the City Manager, or his or her designee.
8.4 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant, including but not limited to the provisions of Section 5, shall survive the termination of this Agreement.
8.5 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.5.1 Immediately terminate the Agreement;
8.5.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
8.5.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or
8.5.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.
8.5.5 The remedies mentioned in this Agreement are not exclusive of any other right, power or remedy permitted by law. The City’s failure or delay in exercising any remedy shall not constitute a waiver of such remedy or preclude the further exercise of City’s rights.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All final versions of reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City.
Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement, and the City may use, reuse or otherwise dispose of the documents without Consultant’s permission. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential drafts and will not be released to third parties by Consultant without prior written approval of City.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. All such records shall be maintained in accordance with generally accepted accounting principles and shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this Agreement, 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.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.
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10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.
10.7 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.
10.8 Notices. Any notice, demand, request, consent or approval that either party is required to give the other pursuant to this Agreement, shall be in writing and may be given by either (i) personal service, or (ii) certified United States mail, postage prepaid, return receipt requested. Notice shall be effective upon personal delivery or delivery to the addresses specified below, as reflected on the receipt of delivery or return receipt, as applicable.
Consultant : Raney Planning & Management, Inc.
1501 Sports Dr., Suite A
Sacramento, CA 95834
City: City of Pittsburg
65 Civic Avenue
Pittsburg, CA 94565
ATTN: City Manager
10.9 Professional Seal. Where applicable in the determination of the City Manager, or his or her designee, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility.”
10.10 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.
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Exhibits, and Consultant’s proposal, the Agreement shall control. To the extent there are any inconsistencies between the Exhibits and the Consultant’s Proposal, the Exhibits shall control.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
10.11 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.12 Construction of Agreement. Each party hereto has had an equivalent opportunity to participate in the drafting of the agreement and/or to consult with legal counsel. Therefore, the usual construction of an agreement against the drafting party shall not apply hereto.
10.13 No Third-Party Beneficiaries. This Agreement is made solely for the benefit of the parties hereto, with no intent to benefit any third parties.
The Parties have executed this Agreement as of the Effective Date.
CITY OF PITTSBURG RANEY PLANNING & MANAGEMENT, INC.
____________________________ ______________________________ Maria M. Aliotti Rod Stinson
Interim City Manager Vice President/Air Quality Specialist
Approved as to Form:
____________________________
Donna Mooney, City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Project 3038 West Leland Road Extension Phase II
Consultant shall perform the tasks set forth below. Consultant may utilize subconsultant with prior approval of City. Consultant shall be obligated to provide the services below regardless of whether they are performed by a subconsultant.
Task 1 Project Initiation
Consultant shall coordinate with City staff to confirm assumptions regarding the proposed project and scope of work. Vice President/Air Quality Specialist Rod Stinson shall serve as the Consultant Project Director and shall be responsible for overseeing the environmental review process and providing quality control.
Consultant Division Manager/Air Quality Specialist Angela DaRosa shall serve as the Project Manager and shall be responsible for managing the day-to-day preparation of the environmental document; coordinating with the City, outside agencies, and the project team; and responding to inquiries on the environmental document.
Consultant shall complete the following deliverables:
• Participate in a kick-off meeting with City staff to review project schedule/milestones;
• Review existing documentation for the project and identify key issues; • Confirm elements of the project description and potential project alternatives; • Identify the role that each shall play during the effort, as well as summary of meetings and products;
• Perform a site visit if necessary; and
• Refine the scope if necessary with any revisions for the City to approve.
Task 2 Peer Review of City-Provided Reports
Consultant shall conduct CEQA-level peer reviews of all City-provided technical reports to ensure their sufficiency for use in the environmental analysis. Consultant itself or by subconsultant approved by City shall perform technical peer reviews of the Preliminary Geotechnical Report and Hydrology/Drainage Report, respectively. Consultant shall review the reports to ensure all CEQA issues have been adequately and accurately addressed. If any revisions are necessary, Consultant shall coordinate with the City to have the reports revised.
Consultant shall complete the following deliverables:
• Preparation of comments on technical reports if necessary; and Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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• Coordinate with the City to have the reports revised if necessary.
Task 3 Agency Consultation and Resource Agency Permitting
Consultant shall provide agency coordination to internal and external agencies, assist the City with state law required tribal consultation, and assist the City with resource agency permitting.
Consultant shall assist the City with carrying out actions pursuant to applicable law, including preparation of tribal consultation letters.
Consultant shall complete the following deliverables:
• Coordinate with internal and external agencies, including City Public Works Department, etc.; and
• Assist City staff with state law required (Assembly Bill 52 of 2014) consultation, including preparation of tribal consultation letters if needed.
Resource Agency Permitting
Consultant itself or through a subconsultant approved by the City shall assist the City with obtaining all necessary resource agency permits. Consultant shall verify the presence of any aquatic resources during the preparation of the Wetland Delineation. If required, Consultant shall prepare the following permitting packages:
• U.S. Army Corps of Engineers (USACE) permitting application package; • California Regional Water Quality Control Board (RWQCB) Certification of Water Quality (“Section 401 Permit”) application package; and • Alternatives Analysis to support the RWQCB application.
Consultant shall confirm with the City before commencing any resource agency permitting tasks.
Consultant shall complete the following deliverables:
• Submit a USACE permitting application package to USACE; • Submit a RWQCB Certification of Water Quality (“Section 401 Permit”) application package to RWQCB; and
• Submit an Alternatives Analysis to RWQCB to support the RWQCB application.
Task 4 Project Description
Consultant shall prepare a draft project description in consultation with City staff.
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the proposed project; existing environmental setting; description of on- and off- site infrastructure necessary to serve the project; discretionary actions; project characteristics; important project features; project objectives; phasing; and permits and approvals that are required for the project based on available information.
Consultant shall complete the following deliverables:
• Submit electronic copies of the draft project description to the City for review and comment; and
• Submit electronic copies of the final project description to the City prior to incorporation into the EIR.
Task 5 Prepare Initial Study
Consultant shall prepare an Administrative Draft version of the IS for review by City staff. The IS shall be prepared based upon City standards and shall address all the issues identified in the Environmental Checklist, per Appendix G of the CEQA Guidelines. Consultant shall utilize the latest version of the Appendix G Checklist.
Consultant shall utilize information provided by the City and/or the project team, as well as pertinent City documents, including but not limited to the City of Pittsburg 2040 General Plan and associated EIR, and any other pertinent information prepared for the project site and surrounding area.
Consultant shall review the project for consistency with circulation planning documents and make a conclusion based on CEQA criteria.
Consultant shall complete the following deliverables:
• Submit one electronic copy of the Administrative Draft IS checklist to the City for review.
Task 5.1 Mitigated Negative Declaration (Option Analysis)
Consultant shall conduct additional analyses to determine if potentially significant environmental impacts can be reduced to a less-than-significant level through mitigation measures. If potentially significant impacts may be reduced to a less- than-significant level, Consultant shall submit an Administrative Draft Initial Study/ Mitigated Negative Declaration (IS/MND) checklist. If after the review of the Administrative Draft IS/MND, the City directs Consultant to process an IS/MND instead of an EIR, Consultant shall propose to amend the scope of work to reflect the IS/MND process at that time.
Consultant shall complete the following deliverables if determined necessary:
• Submit one electronic copy of the Administrative Draft IS/MND checklist to the City for review.
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Task 6 Prepare Notice of Preparation (NOP)
Consultant shall prepare/distribute an NOP for public review that includes a description of the proposed project, location map, and general environmental effects anticipated to be caused by the proposed project, as well as attend a public scoping meeting to solicit the public’s input on the content of the EIR.
Consultant shall revise the Administrative Draft IS alongside revisions to the NOP.
Both documents shall be revised based on City comments before final versions are submitted.
If during the NOP public review period, a substantial number of comments are received on a topic that would otherwise be addressed and dismissed in the IS, Consultant shall consult with the City to discuss whether the scope of services for the EIR should be revised to include additional technical chapters or technical analysis of additional topics. If additional chapters or technical analysis are deemed necessary by City staff, Consultant shall propose to amend the scope of work, schedule, and budget accordingly.
Consultant shall complete the following deliverables:
• Submit electronic copies of the Administrative Draft NOP with Screenscheck Draft IS attached to City staff for review;
• Submit electronic copies of the Final NOP with edits from the City incorporated and Final IS attached to the City;
• Coordinate with the City to publish, post, and distribute the NOP and electronically submit the NOP with a completed Notice of Completion (NOC) to CEQAnet and the State Clearinghouse;
• Facilitate and attend one public scoping meeting to emphasize the review process as well as the intent and requirements of CEQA as outlined in Task 16 Project Management, Meetings, and Hearings;
• Prepare a summary of the NOP scoping meeting, including all public comments;
• Revise the scope of services for the EIR if needed based upon NOP verbal and written comments received during the NOP comment period.
Task 7 Prepare Administrative Draft EIR
Consultant shall prepare an accurate, thorough, and complete Administrative Draft EIR for the proposed project that shall provide a project-level analysis to evaluate the potential environmental effects associated with the proposed project. The Administrative Draft EIR shall include all statutory sections required by CEQA Sections 15120 through 15131 and provide the public and decision-makers with a thorough, legally defensible environmental analysis of the proposed project.
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Task 7.1 Introduction, Executive Summary, and Project Description
The Introduction shall cite the provisions of CEQA to which the proposed project is subject. This section shall identify the intended uses of the EIR, agencies that may rely upon the EIR, purpose of the EIR and statutory authority, summary of the scoping procedures, and a list of the NOP comment letters and concerns raised in the letters.
The EIR shall also include an Executive Summary chapter to briefly describe in text the impacts and mitigation measures. A summary table shall be included, consisting of a matrix of impacts and mitigation measures, with levels of significance of impacts before and after mitigation. The summary table shall include all mitigation measures applicable to the proposed project.
The Project Description chapter shall be consistent with the one developed in Task 4 Project Description.
Task 7.2 Introduction to Analysis
The Introduction to Analysis chapter of the EIR shall summarize all of the topics found to be less than significant (with or without mitigation) in the IS. Consultant shall summarize and include the conclusions of the IS in this chapter. The Introduction to Analysis chapter shall also include a description of the format for each technical chapter.
Task 7.3 Environmental Setting, Impacts, and Mitigation Measures
The environmental analysis for the proposed project is anticipated to focus on the following areas: Air Quality and GHG Emissions; Biological Resources; Cultural Resources/Tribal Cultural Resources; Geology and Soils; Hazards and Hazardous Materials; Hydrology and Water Quality; Noise; and Transportation. If additional environmental chapters are required following the preparation of the IS, Consultant shall coordinate with the City and amend the scope of work. Project alternatives and statutorily required sections shall also be included. Consultant shall refine issues if necessary based on the comments received during the NOP scoping process.
Consistent with CEQA, each environmental chapter shall include the following: an introduction; existing environmental setting; regulatory context; standards of significance; method of analysis; identification of environmental impacts; development of mitigation measures and monitoring strategies; level of significance after mitigation; cumulative impacts and mitigation measures; significant impacts; and effects not found to be significant. Consultant shall include the following technical environmental chapters:
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a) Air Quality and GHG Emissions
Consultant shall undertake the air quality and GHG analysis utilizing the California Emissions Estimator Model (CalEEMod) software program and following the BAAD CEQA Guidelines.
Air Quality
The air quality impact analysis shall include a quantitative assessment of short-term (i.e., construction) increases of criteria air pollutant emissions of primary concern (i.e., ROG, NOX, and PM10). Consultant shall additionally address toxic air contaminant (TAC) emissions using the California Air Resource Board (CARB) “Air Quality and Land Use Handbook: A Community Health Perspective.” The project’s cumulative contribution to regional air quality shall be discussed, based in part on the modeling conducted at the project level. The significance of air quality impacts shall be determined in comparison to the BAAD’s significance thresholds.
GHG Emissions
Consultant shall run the CalEEMod program, to produce an estimate of construction GHG emissions for the proposed project. Consultant shall use the VMT information from the Traffic Study to be prepared by Fehr and Peers to discuss any changes related to regional GHG emissions.
Consultant shall work closely with the City and BAAD throughout preparation of the GHG analysis with respect to identifying the methodology and thresholds of significance to be used for the GHG analysis. Consultant’s GHG analysis for the proposed project shall follow the agreed upon methodology and thresholds. Mitigation measures shall be identified, as appropriate, in coordination with the City and BAAD to identify feasible mitigations for GHG emissions. Consultant shall utilize the City’s Climate Adaptation Strategy and Greenhouse Gas Inventory as applicable.
b) Biological Resources
The Biological Resources chapter shall summarize potential effects to plant communities, wildlife, and wetlands, including adverse effects on rare, endangered, candidate, sensitive, and special-status species, from the development of the proposed project. Consultant shall rely on the Biological Resources Assessment and Wetland Delineation Report.
Biological Resources Analysis
Consultant itself or by subconsultant approved by City shall review the CDFW’s Natural Diversity Data Base for records of special- status plant and animal species known from the project site and within 5 miles of the project site; conduct a site survey to confirm project site plant communities and wildlife habitats; prepare a characterization of the project site including a discussion of the project site’s plant communities and wildlife habitats; evaluate and Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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discuss the potential presence of special-status plant and animal species and/or their habitats on the project site; develop mitigation measures, if necessary; and prepare a report.
Wetland Delineation Report
Consultant shall map the areas that would likely constitute “waters of the United States” (i.e., those areas that would likely be regulated by the Corps) using satellite (GPS) technology; examine the soils and plant species composition on the project site; prepare an Aquatic Resources Delineation Report to submit to USACE with a request to conduct a formal Aquatic Resources Delineation Determination; perform a site visit with USACE to verify mapped wetlands; and resubmit final wetlands map to USACE, if necessary, to request a final map concurrence.
c) Cultural Resources/Tribal Cultural Resources
The Cultural Resources portion of the chapter shall include a summary of the setting and briefly describe the potential effects to any on-site historical and/or archaeological resources due to implementation of the proposed project.
Consultant shall rely on the Cultural Resources Study to be prepared by EBA.
EBA shall conduct archival research to assess the potential for prehistoric and historic-era cultural resources within the study area and its surroundings; contact the Native American Heritage Commission (NAHC) for a Sacred Lands File search; conduct a field study of the project site; and prepare a written technical report.
The Tribal Cultural Resources portion of the chapter shall include a summary of the setting and briefly describe the potential effects to any on-site tribal cultural resources due to implementation of the proposed project.
d) Geology and Soils
The Geology and Soils chapter shall include a summary of the setting and describe the potential effects from soil erosion, earthquakes, liquefaction, and expansive/unstable soils, as well as identify any paleontological resources or unique geological features within the project area. Consultant shall rely on the City-provided Preliminary Geotechnical Report. Consultant shall incorporate the results of the analysis into the Geology and Soils chapter of the EIR.
e) Hazards and Hazardous Materials
The Hazards and Hazardous Materials chapter shall include a summary of the setting and describe any potential for existing or possible hazardous materials within the project area. Consultant shall rely on the Phase I ESA.
Consultant shall perform the following::
• Review available environmental documents;
• Review publicly available and practically reviewable standard local, state, tribal, and federal environmental record sources to evaluate hazardous Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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materials information regarding the project site and nearby sites; • Review publicly available practically reviewable standard historical sources, aerial photographs, Sanborn Fire Insurance Maps, and physical setting sources for the history of development at and near the project site; • Perform a site visit to observe site use and current conditions, check for evidence of potential environmental conditions, and check for the storage, use, production, or disposal of hazardous or potentially hazardous materials; • Conduct written or oral interviews with present and/or past owners, operators, and/or occupants of the project site and governmental officials; • Prepare a report including findings, opinions, and conclusions regarding potential Recognized Environmental Conditions (RECs).
f) Hydrology and Water Quality
The Hydrology and Water Quality chapter shall include a summary of the setting information and identify potential project impacts on storm water drainage, flooding, groundwater, and water quality. Consultant shall utilizeCity Hydrology/Drainage Report.
The Hydrology and Water Quality chapter shall also include a discussion of the potential for the proposed project to adversely affect surface water quality, and identify any improvements designed in accordance with state and local standards to minimize impacts to water quality. Consultant shall incorporate the results of the analysis into the Hydrology and Water Quality chapter of the EIR.
g) Noise
The Noise chapter shall include a summary of the setting information and identify potential noise impacts associated with construction and operation of the proposed project. Consultant conduct a Noise/Vibration Analysis from a continuous (24-hr) and short-term (10-15 min) noise level measurement at representative sensitive receptors along the project route; analyze existing, future no-project, and future plus project traffic noise levels; and prepare a report including noise abatement measures, if required.
h) Transportation
The Transportation chapter shall include a description of the potential impacts related to VMT; pedestrian, bicycle, and transit facilities; and safety due to implementation of the proposed project. Consultant shall rely on the transportation assessment, including VMT assessment, to be prepared by Fehr and Peers. Fehr and Peer shall also prepare traffic volumes for use in the air quality and noise analyses and an Intersection Level of Service (LOS) Analysis. For a full scope of work, see Appendix G.
VMT Assessment
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Consultant shall assess the proposed project’s effects on VMT by evaluating Baseline Conditions, Baseline plus Project Conditions, Cumulative No Project Conditions, and Cumulative plus Project Conditions, and identify appropriate mitigation measures, if necessary.
Traffic Volumes
Consultant shall collect data of peak hour traffic volumes at three intersections; assess the amount of diverted traffic forecasted to the roadway; and calculate peak-hour intersection volumes for Existing Conditions, Existing plus Project Conditions, Cumulative Conditions (Year 2040), and Cumulative plus Project Conditions.
Intersection LOS Analysis
Consultant shall assess the roadway’s operational performance under the existing and cumulative conditions with and without the proposed widening.
This analysis shall include an assessment of peak hour levels of service (LOS).
Consultant shall coordinate with the City’s Public Works Department to ensure the adequacy of the provided reports and to confirm all CEQA issues have been adequately and accurately addressed. Consultant shall incorporate the results of the analysis into the Transportation chapter of the EIR.
Task 7.4 Statutorily Required Sections
The Statutorily Required Sections chapter of the EIR shall summarize significant and unavoidable, significant irreversible, and growth-inducing impacts, to the extent that such impacts are identified in the EIR analysis. The chapter shall also summarize the cumulative impact analyses, which shall be provided in each technical chapter of the EIR.
Task 7.5 Alternatives to the Proposed Project
The EIR shall include an alternatives analysis in compliance with CEQA Guidelines Section 15126.6. The Alternatives chapter shall evaluate three to five alternatives, including a No Project Alternative, as required by CEQA. Alternatives shall be selected when more information related to project impacts is available in order for the alternatives to be designed to reduce significant project impacts.
Alternatives shall be developed in consultation with the City staff during preparation of the Administrative Draft EIR to respond to identified significant impacts.
The Alternatives chapter shall describe the project alternatives and identify the environmentally superior alternative. The alternatives shall be analyzed at a level Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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of detail less than that of the proposed project which is permissible under CEQA; however, the analyses shall include sufficient detail to allow a meaningful comparison of the impacts. The Alternatives chapter shall include a qualitative- level analysis of all impacts for the alternatives and a section for alternatives considered but dismissed. A matrix comparing the impacts of the proposed project to the alternatives shall also be included.
Consultant shall complete the following deliverables:
• Submit electronic copies of the Administrative Draft EIR to City staff to review for adequacy and accuracy.
Task 8 Prepare Screencheck Draft EIR
The objective of this task is to edit the Administrative Draft EIR, based on comments received from the City’s review, to prepare a Screencheck Draft EIR.
Consultant assumes comments shall be in a consolidated set and shall not require additional technical analysis. Consultant shall provide the Screencheck Draft EIR to the City in track-changes format.
Consultant shall complete the following deliverables:
• Attend conference calls, as needed, with City staff to discuss City comments on the Administrative Draft EIR; and
• Submit electronic copies of the Screencheck Draft EIR to the City of Pittsburg.
Task 9 Prepare Public Review Draft EIR
Consultant shall edit the Screencheck Draft EIR, based on any additional comments received, and prepare and distribute the Public Review Draft EIR for the 45-day public review period in accordance with CEQA requirements.
Consultant assumes that the revisions from additional comments on the Screencheck Draft EIR shall only require editorial or other non-substantive changes. Consultant shall prepare the Notice of Availability (NOA) of the Public Review Draft EIR and shall coordinate with the City of Pittsburg to publish the NOA in the newspaper, distribute to responsible agencies, and post at the County Clerk’s Office. Consultant shall electronically submit the NOC, State Clearinghouse Summary Form (Summary Form F), and the Draft EIR to CEQAnet and the State Clearinghouse.
Consultant shall complete the following deliverables:
• Submit electronic copies of the Public Review Draft EIR to the City of Pittsburg;
• Submit a hardcopy of the Public Review Draft EIR with the appendices on a flashdrive adhered to the back cover, and one hardcopy of the appendices to the City of Pittsburg;
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• Prepare the NOA, NOC, and Summary Form F;
• Coordinate with the City of Pittsburg to perform the necessary posting, noticing, and distribution of the Public Review Draft EIR; and • Electronically submit the NOC, Summary Form F, and Public Review Draft EIR to CEQAnet and the State Clearinghouse.
Task 10 Prepare Administrative Final EIR
Consultant shall respond to all comments received during the 45-day public review period and compile the comments into an Administrative Final EIR for review by the City of Pittsburg. Consultant assumes these comments shall not raise new issues, or that new surveys or technical studies shall be required to complete adequate responses. Consultant assumes that the amount and nature of responses can be addressed within the hours shown in the compensation chart
Consultant shall prepare responses to up to 150 individual comments that are substantive in nature. Repetitive comments shall not count toward this total. For example, it is not uncommon for the public to submit a large volume of comments on a particular issue/concern. In such a case, Consultant shall prepare a master response to address the thematic concern; and this effort would only constitute one response. Should more time or technical analyses be needed to respond to additional comment letters, Consultant shall initiate discussions immediately with City staff to conduct this extra work. The Final EIR shall consist of the following chapters: Introduction; List of Commenters; Responses to Comments; revisions to the Draft EIR text as a result of comments; and Mitigation Monitoring and Reporting Program (see Task 11).
Consultant shall complete the following deliverables:
• Meet with City staff to review all comments received and determine the appropriate written responses to the comments, as outlined in Task 16 Project Management, Meetings, and Hearings; and
• Submit electronic copies of the Administrative Final EIR.
Task 11 Prepare Mitigation Monitoring and Reporting Program (MMRP)
Consultant shall prepare an MMRP for the City of Pittsburg to be incorporated into the Final EIR. Consultant shall prepare an MMRP to comply with Public Resources Code Section 21081.6, which shall include, but not be limited to actions identified in the EIR, as well as methods of implementation.
Consultant shall complete the following deliverables:
• Submit electronic copies of the draft MMRP to the City of Pittsburg within the Administrative Final EIR; and
• Submit electronic copies of the final MMRP to the City of Pittsburg within the Docusign Envelope ID: D334888C-C2A1-4436-BF6C-971A8FCF5B60
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Final EIR.
Task 12 Prepare Screencheck Final EIR
Consultant shall revise the Administrative Final EIR in in track changes format based on City comments received and prepare a Screencheck Final EIR.
Consultant shall complete the following deliverables:
• Conversations with City staff to discuss City comments and revisions to the Administrative Final EIR; and
• Submit electronic copies of the Screencheck Final EIR to the City of Pittsburg (with City edits incorporated).
Task 13 Prepare Final EIR
Consultant shall revise the Screencheck Final EIR, based on any additional comments from the City of Pittsburg, in order to provide a thorough, responsive Final EIR. Consultant assumes edits shall only require editorial or other non- substantive changes to the Screencheck Final EIR.
Consultant shall complete the following deliverables:
• Submit electronic copies of the Final EIR to the City of Pittsburg; • Submit a hardcopy, with appendices on a flashdrive in the back cover, if applicable, to the City of Pittsburg; and
• Coordinate with the City of Pittsburg to prepare all required noticing.
Task 14 Prepare Findings of Fact and Statement of Overriding Considerations and Notice of Determination
Consultant shall prepare the required Findings of Fact/Statement of Overriding Considerations (FOF/SOC), pursuant to CEQA, that incorporate information regarding the project’s environmental impacts disclosed in the EIR, and prepare a Notice of Determination (NOD) should the project be approved. Consultant shall prepare FOF/SOC pursuant to CEQA Guidelines Section 15091 to provide the appropriate language to dismiss the project alternatives not selected, as well as language on the overriding considerations, if necessary, to describe the benefits of the project that may outweigh any adverse environmental effects. Information from the fiscal impact analysis shall also be utilized for this purpose.
Consultant shall complete the following deliverables:
• Submit electronic copies of the administrative draft FOF/SOC to City staff for the City Attorney to review;
• Submit electronic copies of the screencheck FOF/SOC with revisions made based upon comments from the City Attorney;
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• Submit electronic copies of the final FOF/SOC to City staff with the Final EIR; and
• Prepare an NOD for City filing at the County Clerk Recorder’s Office and posting on CEQAnet and at the State Clearinghouse, should the project be approved.
Task 15 Prepare Staff Reports, Findings for Approvals, Ordinances, and Resolutions
Consultant shall describe the proposed project and required conditions of approval, and prepare the necessary staff reports for Planning Commission and City Council hearings, including the conditions of approval, ordinances, and resolutions. Consultant shall submit the draft staff reports to the City and shall revise the staff reports, as needed, based on the City’s comments.
Consultant shall complete the following deliverables:
• Prepare staff reports in the standard City format that contain all required findings, ordinances, conditions of approval, and resolutions; • Submit one electronic copy of the draft staff reports including findings, conditions of approval, ordinances, and resolutions for the Planning Commission and City Council hearings for City review and comments; • Revise the draft Planning Commission and City Council staff reports based on City comments; and
• Submit one electronic copy of the final staff reports including findings, ordinances, conditions of approval, and resolutions for the Planning Commission and City Council hearings.
Task 16 Project Management, Meetings, and Hearings Consultant shall attend meetings during the environmental review process, and ensure close, extensive coordination and interaction with City staff, the project team, technical sub- consultants, and the public. The Consultant project management team, identified in Task 1 Project Initiation, shall be responsible for coordination with City staff and technical consultants, handling the day-to-day activities of the EIR preparation and responding to staff inquiries about the EIR and process.
Consultant shall complete the following deliverables:
• Project Management from Vice President/Air Quality Specialist Rod Stinson serving as Project Director, and Vice President/Air Quality Specialist Angela DaRosa serving as Project Manager;
• Project support from President Tim Raney, AICP; Vice President Nick Pappani; and Associate and Administrative staff;
• Regular phone and e-mail communications with City staff, project stakeholders, and pertinent City, state, and local agencies throughout the process;
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• Prepare any necessary materials and/or presentations prior to the meetings, and answer questions and respond to comments as needed; • Attendance at up to 10 in-progress meetings with City staff; • Provide staff support during public and staff meetings as needed; • Conduct all Responsible Agency consultation;
• Facilitate and attend one NOP public scoping meeting to emphasize the review process as well as the intent and requirements of CEQA; • Attendance at one working meeting with City staff to discuss internal comments on the Administrative Draft EIR;
• Attendance at one meeting with City staff to discuss comments received on the Public Review Draft EIR;
• Attendance at up to four public hearings, including Planning Commission and City Council public hearings; and
• Additional meetings and hearings can easily be accommodated upon request and would be billed on a time-and-materials basis following Consultant’s standard billing rates.
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EXHIBIT B
COMPENSATION SCHEDULE
For completion of the tasks set forth in the scope of work, Consultant shall be paid in an amount not to exceed Three Hundred Seventy-Four Thousand Two Hundred Thirteen Dollars ($374,213).
PROPOSED COST ESTIMATE
West Leland Road Extension Phase II Project EIR
Project Director
Project Manager
Air Quality Specialist
Air Quality Technician
Senior Planner
Senior Associate
Associate
Cost Per Task
Task 1 Project Initiation 4 4 3 $ 1,945
Task 2 Peer Review of City-Provided Reports 10 10 $ 3,700 Task 3 Agency Consultation and Resource Agency Permitting 2 24 9 20 $ 8,685 Task 4 Project Description 2 4 5 18 $ 4,295
Task 5 Prepare Initial Study 2 2 6 44 $ 7,610
Task 5.1 Mitigated Negative Declaration (Option Analysis) 1 2 4 6 $ 1,975 Task 6 Prepare NOP 4 8 12 18 $ 6,470
Task 7 Prepare Administrative Draft EIR 12 12 14 20 $ 9,310 Technical Sections
Task 7.1 Introduction, Executive Summary, and Project Description 2 5 4 16 $ 4,045 Task 7.2 Introduction to Analysis 1 2 4 16 $ 3,325
Task 7.3 Environmental Setting, Impacts, Mitigation Measures a Air Quality & GHG Emissions (including Energy) 5 6 6 38 $ 8,085 a.1 AQ/GHG Technical Analysis 6 12 $ 2,910
b Biological Resources 5 6 6 38 $ 8,085
c Cultural Resources/Tribal Cultural Resources 4 5 5 34 $ 7,020 d Geology and Soils 4 5 5 34 $ 7,020
e Hazards and Hazardous Materials 4 5 5 34 $ 7,020
f Hydrology and Water Quality 5 6 6 38 $ 8,085
g Noise 5 6 6 34 $ 7,545
h Transportation 5 5 5 36 $ 7,485
Other Sections
Task 7.4 Statutorily Required Sections 2 4 4 16 $ 3,870 Task 7.5 Alternatives 4 7 6 36 $ 7,795
Task 8 Prepare Screencheck Draft EIR 4 5 8 32 $ 7,215 Task 9 Prepare Public Review Draft EIR (includes public hearing) 4 4 6 12 $ 4,030 Task 10 Prepare Administrative Final EIR 7 14 22 45 $ 13,300 Task 11 Prepare MMRP 1 3 2 8 $ 2,110
Task 12 Prepare Screencheck Final EIR 4 5 6 18 $ 5,015 Task 13 Prepare Final EIR 1 3 5 12 $ 3,115
Task 14 Prepare FOF/SOC and NOD 3 5 6 20 $ 5,090
Task 15
Prepare Staff Reports, Findings of Approvals,
Ordinances, and Resolutions
20 18
$ 5,530
Task 16 Project Management, Meetings, and Hearings 42 86 20 $ 26,340
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PROPOSED COST ESTIMATE
West Leland Road Extension Phase II Project EIR
Project Director
Project Manager
Air Quality Specialist
Air Quality Technician
Senior Planner
Senior Associate
Associate
Cost Per Task
Total Hours 149 253 6 12 20 190 661
Hourly Rate $ 195 $ 175 $ 175 $ 155 $ 155 $ 155 $ 135
Total EIR Labor $ 29,055 $ 44,275 $ 1,050 $ 1,860 $ 3,100 $ 29,450 $ 89,235 $ 198,025
Expenses $ 176,188
Copying/Printing/Travel/Postage/Etc.* $ 3,000
Sub-Consultant: Monk & Associates $ 23,794
Monk & Associates: Resource Agency Permitting $ 29,246 Sub-Consultant: Eileen Barrow and Associates $ 4,320 Sub-Consultant: ENGEO $ 19,500
Sub-Consultant: West Yost $ 16,468
Sub-Consultant: Saxelby Acoustics $ 10,280
Sub-Consultant: Fehr & Peers $ 61,190
5% Administrative Fee (Sub-Consultant Markup) $ 8,390
Total Budget $ 374,213
* Estimate only, To Be Billed at Cost
The above rates include all applicable calculations for fringe benefits, overhead, and profit. No additional charges shall be applied for overhead, profit, or any other labor- related costs. These rates shall remain valid for the full duration of the Agreement.
Mileage shall be reimbursed at the current IRS standard rate, as adjusted per IRS guidelines. This rate excludes toll charges. Reimbursable Expenses are separate from the agreed hourly fees and include actual costs incurred by the consultant in support of the project. Such expenses may include postage, reproduction, drawing plotting, printing, and special materials or equipment required for deliverables to the city. Printing and reprographics for the consultant’s internal use are not reimbursable.
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CERTIFICATE OF COMPLIANCE WITH LABOR CODE § 3700
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
RANEY PLANNING & MANAGEMENT, INC.
By:
Title: Vice President/Air Quality Specialist
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