City Council 16 Sep 13 Agenda

CITY OF PITTSBURG AGENDA
AMENDED
September 16, 2013
CITY HALL COUNCIL CHAMBERS 65 CIVIC AVENUE, PITTSBURG, CA CLOSED SESSION 6:00 P.M. REGULAR MEETINGS 7:00 P.M.
CITY COUNCIL HOUSING AUTHORITY PITTSBURG ARTS AND COMMUNITY FOUNDATION PITTSBURG POWER COMPANY SOUTHWEST PITTSBURG GEOLOGIC HAZARD ABATEMENT DISTRICT II SUCCESSOR AGENCY
PRESIDING Nancy Parent, Mayor/Chair Salvatore Evola, Vice-Mayor/Vice-Chair Dwaine Pete Longmire, Council Member/Board Member Ben Johnson, Council Member/Board Member Will Casey, Council Member/Board Member FOR HOUSING AUTHORITY: VACANT, Housing Authority Member Joanne Alvergue, Housing Authority Member -------------------------------------------------------------------------------------------------------------------------Pittsburg City Council 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 Pittsburg Library is also provided a full agenda packet for your convenience. The agenda and reports are also located on the Citys website at www.ci.pittsburg.ca.us. 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 Clerks Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.
NOTICE TO PUBLIC COUNCIL COMMITTEE LIST AUDIENCE REMARKS

The Audience Remarks period is for the public to comment on any items scheduled to be heard during the Closed Session portion of the meeting, if applicable.
6:00 P.M. CONVENE IN CLOSED SESSION 1. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8): Property: 610 and 630 Railroad Avenue, Pittsburg, APN 085-390-077; Agency Negotiator: Joe Sbranti, Garrett Evans for Pittsburg Arts and Community Foundation; Negotiating parties: Blue Delta Inc.; Under negotiation: both price and terms of payment 2. CONFERENCE WITH LABOR NEGOTIATORS (Section 54957.6): Agency designated representatives: Joe Sbranti, Neville Vania; Employee organizations: American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Management/Professional/Confidential Unit; American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Miscellaneous A Unit; and Teamsters Local 856 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION FOR CITY COUNCIL AND SUCCESSOR AGENCY (Paragraph (1) of Subdivision (D) of Section 54956.9): Pittsburg Unified School District vs. City of Pittsburg et al., Sacramento County Superior Court Case No. 34-2013-00142758 7:00 P.M. CONVENE IN OPEN SESSION FOR REGULAR MEETING CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE PROCLAMATIONS Pride in Pittsburg Falls Prevention Month PRESENTATION Introduction of Captain Todd Garr, Commander of California Highway Patrol's Contra Costa Office
COUNCIL MEMBER REPORTS/REMARKS

Council Members may make brief announcements or informal comments at this time. Council members may ask questions for clarification from City staff, and make a report on their activities, including reports on committee assignments (see attached list of ad hoc committees and other public agencies in which Council members participate). (No Action Required)
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)
CITIZENS REMARKS
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)
HOUSING AUTHORITY CONSENT CALENDAR 4. Minutes Minutes of August 19, 2013 5. Disbursement List Disbursement List of July 31, 2013 ADJOURNMENT OF THE HOUSING AUTHORITY to October 21, 2013 CITY COUNCIL MEETING PUBLIC HEARING 6. Adoption of a City Council Resolution To Amend Water Meter Fees and Establish Criteria for Future Increases The City Council adopted a Master Fee Schedule on June 7, 2010 that included fees for water meters for new customers (Building Division Table IV). These fees are generally paid by developers purchasing water meters for new construction. Staff is recommending an update to the fee schedule to reflect recent cost increases, including the initiation of an Automatic Meter Reading (AMR) system, and adoption of a cost escalation index for future increases. 7. Adoption of a City Council Resolution for Approval of the 2012-2013 Consolidated Annual Performance and Evaluation Report The Department of Housing and Urban Development (HUD) requires the City
Council of the City of Pittsburg (City) to review and approve the 2012-2013 Consolidated Annual Performance and Evaluation Report (CAPER). This report provides a summary on the activities approved by the City Council in the 2012-2013 Annual Action Plan and undertaken during the period from July 1, 2012 through June 30, 2013 (Program Year). 8. Consideration of a City Council Resolution Adopting a Mitigated Negative Declaration and Amending the General Plan, and Introduction of an Ordinance Rezoning a 4.4-Acre Parcel on Carion Court from Commercial to Residential to Allow for Development of a Single Family Subdivision, Sunnyside Estates (AP-11-810) This is a public hearing on a request by Discovery Builders, Inc., that the City Council: 1) adopt a Mitigated Negative Declaration and amend the General Plan to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) adopt an ordinance to rezone the same parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. On August 27, 2013, the Planning Commission considered the draft Mitigated Negative Declaration and directed staff to prepare and execute Resolution No. 9954, recommending approval of the proposed General Plan amendment and rezoning request. The subject site is located at the northeastern corner of Carion Court. Assessors Parcel No. 073-190-033. 9. Introduce and Waive First Reading of a City Council Ordinance Adding Chapter 8.07 Plastic Bag Regulation to the Municipal Code and Adopt a Related Negative Declaration The City of Pittsburg will consider the adoption of an Ordinance to regulate the use of single-use plastic bags. Prior to acting on the Ordinance, the City Council will consider adoption of the draft Negative Declaration, prepared pursuant to the California Environmental Quality Act, for this Ordinance. CONFLICT OF INTEREST DECLARATION - City Council/Agency Members may make any conflict of interest declarations pertaining to Consent Calendar items at this time. CONSENT CALENDAR COMBINED PITTSBURG ARTS AND COMMUNITY FOUNDATION, PITTSBURG POWER COMPANY, SUCCESSOR AGENCY, SOUTHWEST PITTSBURG GHAD II, AND CITY COUNCIL CONSENT CALENDAR 10. Minutes Minutes of August 19, 2013 11. CLAIMS - Claims against the City which may cause expenditure of funds; on file in the Office of the City Clerk. Claim #2121 Page, Marquita Claim #2145 Chavez, Olga
12. Adoption of City Council, Power Company, and Foundation Resolutions Approving the Carryover of FY 2012-13 Capital Improvement Project Budget Balances into the Current Fiscal Year 2013-14 Budget The City of Pittsburg has multi-year Capital Improvement Projects which were not completed during the prior fiscal year. The budget balances remaining in each of these projects as of June 30, 2013 need to be carried forward into the current fiscal year budget in order to continue and/or complete these projects. 13. Adoption of a Successor Agency Resolution Approving the January 1-June 30, 2014 Recognized Obligation Payment Schedule The Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) has prepared the Recognized Obligation Payment Schedule (ROPS) for the period of January 1-June 30, 2014 (ROPS 13-14B), pursuant to California State Legislations ABx1 26 (AB 26) and AB 1484. 14. Adoption of a Pittsburg Power Company Resolution Granting the Executive Director Authority to Allocate Funds from Island Energy Rate Stabilization Fund for Unbudgeted Expenses Related to Energy Purchase Activities Staff of the Pittsburg Power Company (PPC) recommends the Board of Directors of PPC grant the Executive Director continuous appropriation authority to allocate funds from Island Energy Rate Stabilization Fund to meet certain unbudgeted expenditures and obligations related to energy purchase activities. Appropriation would be authorized at his/her discretion, in amounts limited to his/her spending authority. 15. Receive and File Responses to the Contra Costa County Civil Grand Jury FY 20122013 Reports The Contra Costa County Civil Grand Jury issued four reports for Fiscal Year 20122013 that required the City of Pittsburgs response. Reports and responses are attached herewith. They are: Report No. 1302, Outsourcing Municipal Services; Report No. 1305, Getting to Clean Water In Contra Costa County; Report No. 1308, Encouraging Citizens To Apply For Grand Jury Service; and Report No. 1311, Assessing Fiscal Risk. 16. Adoption of a City Council Resolution Finding Lawlor Estates, LLC, to be Compliant with Their Development Agreement State law requires local jurisdictions to conduct a periodic review of active development agreements (DAs) within the community. In response to this requirement, City staff has reviewed the Lawlor Estates DA for the 2012 calendar year and recommends that the City Council find good faith compliance by the developer with the terms of the DA for this review period. 17. Adoption of a City Council Resolution to Allocate Additional Funds and Authorize Additional Construction Contingency for Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project Phase II Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement
Project (the Project) is the second phase of a project to rehabilitate the roadway and widen it to construct sidewalks and bicycle lanes on North Parkside Drive and portions of Willow Pass Road from Loftus Road to Railroad Avenue. During excavation for the widening of the roadway, the Contractor encountered soil contaminated with lead at a level high enough to require special disposal. There are insufficient funds in the existing Project budget to pay for disposal of the material. Adoption of this resolution will authorize the allocation of additional funds and increase the construction contingency to allow for the material disposal. 18. Adoption of a City Council Resolution to Allocate Additional Funds, Accept the Plans and Specifications, and Authorize the City Manager to Award a Construction Contract for Contract 2013-01, 2013/14 Citywide Pavement Management Project Contract 2013-01, 2013/14 Citywide Pavement Management Project (the Project) consists of performing various preventative maintenance and repair methods on several City streets and two access roads to water distribution facilities. There are insufficient funds in the Project budget for the recommended treatment for the water distribution access roads. Staff is requesting that remaining funds from a previous pavement management project be re-allocated to the Project and that additional funds be allocated from the Water Fund. Staff further requests that the City Manager be authorized to award a construction contract. If approved, this resolution will reallocate remaining funds from a completed project, allocate additional water funds, accept the plans and specifications, and authorize award of a construction contract for the Project. 19. Adoption of a City Council Resolution Approving Contra Costa Transportation Authority's Measure J Growth Management Program Compliance Checklist for Calendar Years 2010 and 2011 The Contra Costa Transportation Authority (CCTA) requires the City to submit a biennial Growth Management Program (GMP) Compliance Checklist in order to be eligible to receive its portion of Local Street Maintenance and Improvement Funds contained in Measure J. The Measure J GMP Compliance Checklist covering Calendar Years 2010 and 2011 is required to receive the Citys portion of Local Street Maintenance and Improvement Funds for Fiscal Year (FY) 2011-12 and 2012-13. The estimate of the Citys FY 2011-12 allocation is $632,434. An estimate of the Citys allocation for FY 2012-13 is $656,768. 20. Adoption of a City Council Resolution to Accept Contract 2010-01, Central Harbor Dock Replacement Project, as Complete, and Authorize the City Engineer to File a Notice of Completion Contract 2010-01, Central Harbor Dock Replacement Project (the, Project), provided for the construction of a new berthing system at Central Harbor including new docks and all necessary utilities. This Resolution will accept construction as complete and authorize the City Engineer to file a Notice of Completion for the Project.
21. Adoption of a City Council Resolution for Approval of an Agreement Between the City of Pittsburg and Pica Deli, Inc. for Reimbursement of Funds for Construction of Tenant Improvements and Allocation of $20,000 from Economic Development Fund Reserves The City of Pittsburg (the "City") and Pica Deli, Inc. (Pica Deli), a California corporation, will enter into a reimbursement agreement of funds for construction of certain tenant improvements (the "Agreement"). The tenant improvements are those consistent with a cafe/deli space with outdoor dining (the "Project") located at 1005 Center Drive (the "Premises"). 22. Adoption of a City Council Resolution to Authorize the City Manager to Award a Construction Contract for Contract 2013-12, California Theatre Tenant Improvement Project Contract 2013-12, California Theatre Tenant Improvement Project (the Project) consists of tenant improvements in the retail spaces at street level on both sides of the theater entrance. Improvements include construction of a theater managers office, dressing rooms, a ticket booth, and other improvements required for operation of the theater by the theater management. If approved, this resolution will authorize the City Manager to award a construction contract for the Project. 23. Adoption of a City Council Resolution to Accept a Utility Easement from the State of California Pittsburg Armory in Exchange for Granting Fee Title Interest of Real Property and Quitclaiming an Easement The City of Pittsburg (City) will accept a utility easement for a water pipe and pole line along Davi Avenue from the State of California Pittsburg Armory (Armory). The City requires the easement for maintenance of utilities installed above and below ground on Davi Avenue. In exchange, the City will grant to the Armory, in fee at no cost, a parcel of land south of the Armory building to be used for additional parking. In addition to the fee title transfer to the Armory, the City will quitclaim an easement that is no longer needed along Power Avenue back to the Armory to be used as part of the parking lot. 24. Adoption of a City Council Resolution to Approve the Second Amendment to a Consultant Agreement for an Environmental Analysis for the Mt. Diablo Resource and Recovery Park On August 5, 2013, Contra Costa Waste Services submitted a revised project description and site plan for Use Permit and Design Review Application No. 10-712, which is intended to bring the current operations at the Recycling Center and Transfer Station (RCTS), the Mt. Diablo Recycling Facility (MDRF) and the Mixed Construction and Demolition (C&D) Processing facilities under a single entity referred to as the Mt. Diablo Resource Recovery Park (MDRRP). The consultant hired to complete environmental analysis must revise the Draft Environmental Impact Report (Draft EIR) for the project in order to reflect the project change. To complete this work, staff recommends approval of the second amendment to the original consultant agreement and allocation of funds deposited by the applicant for a total budget of $214,405.
25. Second Reading and Adoption of an Ordinance Amending the Municipal Code Title 5 Business Licenses and Regulations Relating to Charitable and Nonprofit Organizations and Exemptions The Citys current regulations exempt non-profit organizations from payment of the license tax but not all fees required to apply or renew their licenses annually with the City. The amendment to Title 5 Business Licenses and Regulations of the Pittsburg Municipal Code will exempt for charitable and nonprofit organizations from the fees associated with processing the application for a new license or renewals and add a license fee exemption for live performances. The City Council heard the First Reading of the Ordinance amending the Municipal Code on August 19, 2013. The changes to the Municipal Code are ready to be adopted by the City Council. 26. Adoption of a City Council Resolution Approving a State of California Office of Traffic Safety Sobriety Checkpoint Program Adoption of a City Council Resolution Approving a State of California Office of Traffic Safety Sobriety Checkpoint Program 27. Adoption of a City Council Resolution Authorizing the Acceptance and Appropriation of State of California Office of Traffic Safety Grant Funds for Selective Traffic Enforcement The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of Traffic Safety (OTS). 28. Adoption of a City Council Resolution to Authorize Allocation of U.S. Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (J.A.G.) The Pittsburg Police Department has submitted a preliminary application to the U.S. Department of Justice for funding under the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $11,419.00. 29. Adoption of a City Council Resolution To Allocate Donated Funds and Unallocated Business Improvement District Funds to the Pittsburg Arts and Community Foundation, Inc. Since 2009, the City has supported the mission of the Pittsburg Arts and Community Foundation, Inc. (PACF), and partnered with the foundation on programs and projects, including community events, that serve Pittsburg residents and the local economy. Staff recommends allocation of funds donated to the City for a community foundation to PACF, as well as unallocated funds from the Business Improvement District, to support programs or projects that further the foundations mission and promote economic activity. 30. Receive and File the Investment Report as of June 30, 2013 The State of California recommends that the Chief Fiscal Officer submit a comprehensive report to the legislative body containing detailed information on all securities, investments, and funds under the management and oversight of a public
agency. The City of Pittsburgs policy is to submit quarterly investment reports to the City Council. Pursuant to that policy, this is the FY 2012-13 fourth quarter Investment report. 31. Adoption of a City Council Resolution Amending an Agreement with Craft Community Care Center, Inc. Doing Business as Success Through Self Academy The City of Pittsburg (City) and Craft Community Care Center, Inc. doing business as Success Through Self (STS) Academy propose to amend an existing agreement (Agreement) for youth based programs (Program). 32. Adoption of a City Council Resolution Adding Council Member Authority on Regional Boards to the Policy and Procedure for City Council Consistent with good governance and the Citys goals of protecting its revenues and ensuring proper fiscal responsibility, the proposed policy would govern a City Council Members ability to commit the City to expenditures while serving on the Board of Regional Agencies. Additionally, the proposed policy would establish that a City Council Member shall represent the City in a manner that is consistent with adopted City Policy. 33. Adoption of City Council Resolutions to Ratify Collective Bargaining Agreements with AFSCME (Miscellaneous A and Management, Professional, and Confidential Employee (MPC) Units) and Teamsters and Approve Amended Executive Team Benefits and Salary Schedule The City of Pittsburg and AFSCME (Miscellaneous A and MPC Units) and Teamsters have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment and have reached agreement on new collective bargaining agreements. AFSCME (Miscellaneous A and MPC Units) and Teamsters members are scheduled to vote on September 11th and 12th on whether to ratify the collective bargaining agreements. The City Council is also required to ratify the collective bargaining agreements in order for them to become effective. ADJOURNMENT OF THE CITY COUNCIL to October 21, 2013
NOTICE TO PUBLIC GENERAL INFORMATION 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 City holidays). The Pittsburg Library is also provided a full agenda packet. The full packets are also located on the Citys website at www.ci.pittsburg.ca.us. 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 Clerks Office and on the day of the meeting in the Council Chamber at the public counter area below the dais. SPEAKERS 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 Speakers 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. 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 take 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 citizens. 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 Chambers 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 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 broadcast live on the Citys website at www.ci.pittsburg.ca.us on the Streaming Media page. Past meetings are also archived on that webpage. For more information, please contact the City Clerks office at 252-4850.
City Council Outside Agency/Liaison/Sub-Committees Assignments - 2013
Updated May 20, 2013
OUTSIDE AGENCY BOARDS Ben Johnson / Pete Longmire Alternate Standing Nancy Parent / Salvatore Evola Alternate Standing Pete Longmire / Will Casey Alternate Standing Nancy Parent / Salvatore Evola Alternate Standing Salvatore Evola / Pete Longmire & Ben Johnson Alt. Standing Nancy Parent / Salvatore Evola Alternate Standing Salvatore Evola / Nancy Parent Alternate Standing Salvatore Evola & Nancy Parent/ Ben Johnson Alt. Standing Annual As needed nd 2 Monday nd 2 Wednesday Monthly Annual nd 2 Thursday Last Wednesday
COUNCIL MEMBER(S)
TYPE
MEETS
STAFF J. Sbranti J. Sbranti J. Sbranti W. Pease G. Evans W. Pease K. Halvorson K. Halvorson
ABAG SF Bay Regional Water Quality Board Contra Costa County Fire Dist. Delta Diablo Sanitation East Co. Co. County Habitat Conservancy East County Water Management. TRANSPLAN/ePPAC Tri-Delta Transit
LIAISON TO COUNCIL MEMBER(S) Ben Johnson / Pete Longmire Alternate Nancy Parent / Salvatore Evola Alternate Nancy Parent & Ben Johnson Standing Standing Standing TYPE
MEETS 3 Thursday st 1 Thursday th 4 Thursday even months

rd
STAFF *Rotational *Rotational J. Sbranti
East Bay League of Calif. Cities Mayors Conference School Districts Committee
SUBCOMMITTEE
COUNCIL MEMBER(S) Pete Longmire & Ben Johnson Salvatore Evola & Pete Longmire / Nancy Parent Alt Salvatore Evola & Nancy Parent / Will Casey Alt. Nancy Parent & Salvatore Evola / Ben Johnson Alt. Nancy Parent & Ben Johnson / Will Casey Alt. Ben Johnson & Pete Longmire / Nancy Parent Alt. Ben Johnson & Nancy Parent Salvatore Evola & Pete Longmire Nancy Parent & Salvatore Evola
TYPE Standing Standing Standing Ad Hoc Standing Standing Ad Hoc Ad Hoc Standing
MEETS As needed Quarterly As needed As needed As needed As needed As needed As needed As needed
STAFF G. Evans G. Evans T. Olson J. Sbranti J. Sbranti G. Evans G. Evans J. Sbranti G. Evans
CAC/CDBG Economic Develop/Waterfront Subcommittee Finance Subcommittee Land Use Subcommittee Pittsburg Arts & Community Foundation Power Company Advisory Sister City Committee Social Host Ordinance Subcommittee Successor Agency Subcommittee
*Rotational Senior Executive Staff
CITY OF PITTSBURG HOUSING AUTHORITY MEETING MINUTES DATE: August 19, 2013
LOCATION: Council Chambers, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL/AGENCY MEMBERS Nancy Parent, Mayor/Chair Salvatore Evola, Vice-Mayor/Chair Dwaine Pete Longmire, Council/Agency Member Ben Johnson, Council/Agency Member Will Casey, Council/Agency Member Joanne Alvergue, Agency Member VACANT, Agency Member APPOINTED OFFICIALS Joe Sbranti, City Manager/Executive Director Ruthann Ziegler, City Attorney/Legal Counsel Alice E. Evenson, City Clerk/Agency Secretary (elected) James Holmes, City Treasurer (elected) CALL TO ORDER Chair Parent called the meeting of the Housing Authority to order at 7:58 P.M. in the City Council Chambers at City Hall, 65 Civic Avenue, Pittsburg, California. ROLL CALL All Members were present. CONSENT CALENDAR On motion by Member Johnson, seconded by Member Longmire to approve and carried unanimously. 5. Minutes of July 15, 2013
6. Adoption of a Housing Authority Resolution to Approve the Section 8 Management Assessment Program (SEMAP) Certification for FYE June 03, 2013 ADJOURNMENT The Housing Authority was adjourned at 8:00 P.M. to September 16, 2013. Respectfully submitted, Alice E. Evenson, Secretary
Housing Authority Minutes 1 of 1 August 19, 2013
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/3/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution To Amend Water Meter Fees and Establish Criteria for Future Increases 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City Council adopted a Master Fee Schedule on June 7, 2010 that included fees for water meters for new customers (Building Division Table IV). These fees are generally paid by developers purchasing water meters for new construction. Staff is recommending an update to the fee schedule to reflect recent cost increases, including the initiation of an Automatic Meter Reading (AMR) system, and adoption of a cost escalation index for future increases. FISCAL IMPACT The proposed increases to be adopted by City Council will cover costs related to the new water meters being purchased for implementation of the automated reading system. RECOMMENDATION City Council adopt the attached Resolution amending the Master fee Schedule (Building Division Table IV) and establish criteria for automatic fee increases. BACKGROUND On June 7, 2013, the City Council adopted Resolution 10-11438 approving a revised Master Fee Schedule that included water meter fees. These fees are paid primarily by developers of new commercial, industrial or residential construction SUBCOMMITTEE FINDINGS N/A
STAFF ANALYSIS Water meter fees charged by the City have not been increased since a comprehensive Master Fee Schedule was adopted on June 7, 2010. Since that time, the Citys costs related to water treatment and distribution have increased, including costs related to installation of an Automatic Meter Reading (AMR) system. The system requires the replacement of old water meters with new meters that can be read automatically. Staff is recommending an update to the fee schedule to generate sufficient revenue to pay the cost of the new water meters plus the staff time needed for the new meter distribution process. Currently there are approximately 3,000 AMR meters installed, and about 1,500 per year are being changed out or converted. The Citys Water System has already seen the benefits of the AMR system in its ability to explain high meter usage to customers that have had their meters replaced with the new meters. One of the Citys water customers had an irrigation system and water bills that were very high. Thanks to the new meter, the customer was able to determine that their irrigation system was using 4,000 gallons of water per day. A second customer had a large water bill at home, and with the new water meter, staff was able to determine the day and the hour that a leak started in the irrigation system valve. Identifying the problem gave these customers important information to identify the problem. Along with the proposed fee update, staff is recommending the City Council adopt the resolution that will automatically adjust the fees for new water meters each year according to the Consumer Price Index. These fees are generally paid by developers for the purchase of water meters related to new construction. Under the proposal, water meter fees will adjust each July 1 (the start of the Citys fiscal year) based on the April twelve month average percentage increase/decrease in the San Francisco-Oakland-San Jose All Urban Workers Consumer Price Index. Staff recommends approval of an automatic increase tied to this index to allow the Citys water meter fees to keep pace with rising costs without returning to the City Council each year for a fee adjustment.
ATTACHMENTS: Resolution Revised Water Meter Fee Schedule
Report Prepared By: Walter Pease, Director of Water Utilities
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Approving Revised Schedule of Established Fees and Charges for Water Meters and Establishing Indexed Increase Criteria ) ) ) ) RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, in accordance with the law, the City has published a notice in the newspaper pertaining to the public hearing on this matter; and WHEREAS, staff mailed to the development community a copy of the Citys fee schedule with notification of the September 16, 2013 public hearing and scheduled Council consideration; and WHEREAS, on September 16, 2013, the City Council conducted a public hearing to receive public input regarding changes to the Master Fee Schedule, Building Division Table IV; and WHEREAS, it was determined that an adjustment to some of the fees and charges is necessary to recover the costs of providing the respective materials and services; and WHEREAS, fees shall increase or decrease each July 1st based on the April twelve month average percentage increase in the San Francisco-Oakland-San Jose All Urban Workers Consumer Price Index; and WHEREAS, a Master Fee Schedule has been prepared to incorporate fee changes based on the findings of City staffs review of the various water meter fees and charges. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Findings
A. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the respective staff report. B. The establishment, modification, structuring, restructuring or approval of rates, tolls, fares and other charges by this resolution are for the purpose of meeting operating expenses, including employee wage rates and fringe benefits; purchasing or leasing supplies, equipment or materials; meeting financial reserve needs and requirements, or obtaining funds for capital projects, necessary to maintain service within existing service areas.
Resolution No. 13-
Page 1 of 2
September 16, 2013
Section 2.
Effective Date This resolution shall take effect 30 days after adoption.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
________________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
Resolution No. 13-
Page 2 of 2
September 16, 2013
Exhibit A Master Fee Schedule Building Division Table IV Fees Collected For Other Agencies/Departments Fees Effective July 1, 2010 Proposed September 16, 2013
Current Charges 5/8" X 3/4" 1-inch 1 1/2 inch 2-inch 11/2 inch turbine 2 inch turbine 3-inch turbine 4-inch turbine $ 74.37 $ 131.46 $ 257.20 $ 371.19 $ 583.38 $ 619.04 $ 1,125.14 $ 1,564.51
Non-AMR Meters $ 79.20 $ 136.91 $ 324.08 $ 459.60 $ $ $ $ $ $ $ $
AMR Meters 208.46 262.63 442.98 576.38 824.51 1,093.62 1,451.56 1,990.65
Meters not listed: actual cost + 8 percent
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/5/2013 Mayor and Council Members Joe Sbranti, City Manager Approval of the 2012-2013 Consolidated Annual Performance and Evaluation Report 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Department of Housing and Urban Development (HUD) requires the City Council of the City of Pittsburg (City) to review and approve the 2012-2013 Consolidated Annual Performance and Evaluation Report (CAPER). This report provides a summary on the activities approved by the City Council in the 2012-2013 Annual Action Plan and undertaken during the period from July 1, 2012 through June 30, 2013 (Program Year). FISCAL IMPACT The Community Development Block Grant (CDBG) program is a federally funded program. Activities and staffing associated with the CDBG program are paid by HUD. RECOMMENDATION Staff recommends the City Council open the public hearing which considers the CAPER, receive testimony, close the public hearing, consider the public comments, and adopt the resolution approving the CAPER. BACKGROUND The City of Pittsburg is required by HUD to submit an annual report on the outcome of the projects and activities funded with CDBG funds during the Program Year. On May 7, 2012, by Resolution 12-11808, the City Council approved the 2012-2013 Annual Action Plan which describes the activities to be undertaken during the Program Year. The CAPER summarizes the outcome of those activities and compares the progress toward the community objectives and actions taken to meet established goals as outlined in the 20102015 Consolidated Plan which is approved by City of Pittsburg City Council every five years.
The CAPER describes the number of people assisted with CDBG funding in the Program Year, funds budgeted and used for approved projects, and actions by the City to affirmatively further local and County Consortium objectives. SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS The preparation of the CAPER consists of an analysis of the year-end reports submitted by the 14 subrecipients. These reports provide a summary of each agencys program goals accomplished, problems encountered, and success stories. The targeted total persons or households to be served were two thousand twenty three (2,023) during the program year by the agencies shown in Exhibit A. The year-end total number of persons or household served is five thousand one hundred eighty-four (5,184) and of those served, five thousand sixty three (5,063) or ninety eight percent (98%) were considered lower income. As required, a minimum of a 15 day public comment period commenced on August 28, 2013 and ended on September 13, 2013. All comments regarding the CAPER are to be mailed to 65 Civic Ave, Pittsburg, CA or emailed directly to CDBG staff at ldarensburg@ci.pittsburg.ca.us. ATTACHMENTS: Resolution Adopting the 2012-2013 CAPER 2012-2013 CAPER (DRAFT) Exhibit A-households served
Report Prepared By: Lynette Darensburg, Administrative Analyst
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

In the Matter of: A Resolution of the City Council of the City of Pittsburg, California, Approving The 2012-2013 Consolidated Annual And Evaluation Report ) ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the Consolidated Annual Performance and Evaluation Report (CAPER) is a U.S Department of Housing and Urban Development (HUD) mandated report that informs HUD, the Contra Costa Consortium and the general public of how the City of Pittsburg (City) has expended Community Development Block Grant (CDBG) funds during the reporting period; and WHEREAS, the CAPER reports on the activities approved by the City Council in the 2012-2013 Annual Action Plan, which covers the period from July 1, 2012 to June 30, 2013 (Program Year); and WHEREAS, the CAPER compares the progress toward community objectives and actions taken to meet goals established in the 2010-2015 Consolidated Plan, as well as activities undertaken during the Program Year; and WHEREAS, the City has solicited comments from August 28, 2013 through September 13, 2013 on the draft CAPER; and WHEREAS, the City conducted a public hearing on September 16, 2013 to receive and consider public comments on the CAPER; and WHEREAS, the City will accept all public comments and will close the public comment period on the CAPER; and WHEREAS, the City will submit a draft of the CAPER, incorporating all public comments received and submit the report to HUD on or before September 30, 2013. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. All the recitals above are true and correct and incorporated herein. Section 2. The public comment period on the CAPER is hereby closed. Section 3 The CAPER is hereby approved.
Resolution 13-
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September 16, 2013
Section 4. The City Manager and/or his designee is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Citys obligations pursuant to this Resolution. Section 5. The City Clerk shall certify to the adoption of this Resolution. Section 6. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Mayor ATTEST:
Alice E. Evenson, City Clerk
Resolution 13-
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September 16, 2013
Persons/Households Served Agency Organization Bay Area Legal Aid (BayLegal) Ombudsman Services of Contra Costa Opportunity Junction Technology Center Opportunity Junction-Bay Point Spark People Who Care (PWC) Pittsburg Arts & Community Foundation St. Vincent de Paul of Contra Costa County Success Through Self (STS) Academy Contra Costa Child Care Council Opportunity Junction Job Training and Placement Workforce Development Board of Contra Costa County City of Pittsburg - Handicapped Pedestrian Improvement City of Pitsburg- Handicapped Pedestrian Improvement (11-12 rollover funding) City of Pittsburg - Police Department City of Pittsburg - First Time Homebuyer Program Total Household Served 1000 5 2023 3214 2 5184 Target 80 300 100 12 100 150 100 120 40 6 10 Actual 115 313 82 17 185 583 480 130 44 15 4
Consolidated Annual Performance & Evaluation Report (CAPER) Fiscal Year 2012-2013
City of Pittsburg
65 Civic Avenue Pittsburg, CA 94565 Phone: (925) 252-4065 Fax: (925) 252-4134
SUBMITTED TO HUD ON SEPTEMBER 30, 2013 Name of Jurisdiction: City of Pittsburg Duns Number: 179275128
Fiscal / Program Year
July 1, 2012 to June 30, 2013
Name of Contact Person:
Lynette Darensburg 65 Civic Ave Pittsburg, California 94565
Authorized Signature: Joe Sbranti, City Manager September 30, 2013
Table of Contents
EXECTUTIVE SUMMARY ......................................................................................................................................... 1 INTRODUCTION..............................................................................................................................................................1 SUMMARY OF OBJECTIVES AND ACCOMPLISHMENTS .............................................................................................................2 CONSOLIDATED PLAN ............................................................................................................................................ 2 ONE-YEAR ACTION PLAN OVERVIEW AND THE FIVE YEAR CONSOLIDATED PLAN .........................................................................2 SUMMARY OF RESOURCES ...............................................................................................................................................3 INVESTMENT OF AVAILABLE RESOURCES .............................................................................................................................5 HOUSING ACTIVITIES ......................................................................................................................................................6 NON-HOUSING COMMUNITY DEVELOPMENT NEEDS ............................................................................................................9 ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING NARRATIVE ................................................................................ 15 CONTINUUM OF CARE ......................................................................................................................................... 17 FIVE YEAR STRATEGIC PLAN FOR REDUCING HOMELESSNESS ................................................................................................17 PROGRAM REQUIREMENTS ................................................................................................................................. 19 PLANNING ..................................................................................................................................................................19 ADMINISTRATION.........................................................................................................................................................19 COMPLIANCE AND MONITORING.....................................................................................................................................20 CITY REPORTING ..........................................................................................................................................................20 OVERALL ASSESSMENT OF ANNUAL PERFORMANCE ........................................................................................... 21 HOUSING ACTIVITIES ....................................................................................................................................................21 PUBLIC SERVICES .........................................................................................................................................................21 ECONOMIC DEVELOPMENT AND PUBLIC FACILITIES .............................................................................................................21 EFFORTS IN CARRYING OUT PLANNED ACTIONS .................................................................................................................22 MEETING CONSOLIDATED PLAN AND ANNUAL ACTION PLAN OBJECTIVES ...............................................................................22 USE OF FUNDS FOR ACTIVITIES BENEFITING LOW AND MODERATE INCOME RESIDENTS .............................................................22 USE OF FUNDS FOR ACTIVITIES BENEFITING DISABLED AND MINORITY RESIDENTS ....................................................................23 PERFORMANCE MEASUREMENT SYSTEM ..........................................................................................................................24 CONCLUSION ..............................................................................................................................................................24 OTHER ACTIONS UNDERTAKEN ............................................................................................................................ 24 PUBLIC POLICIES ..........................................................................................................................................................24 INSTITUTIONAL STRUCTURE............................................................................................................................................24 INTERGOVERNMENTAL COOPERATION ..............................................................................................................................25 ACTIONS TO ADDRESS OBSTACLES TO MEETING THE UNDER-SERVED NEEDS ...........................................................................25 ACTIONS TO EVALUATE AND REDUCE LEAD BASED PAINT HAZARDS .......................................................................................25 ACTIONS TO REDUCE THE NUMBER OF PERSONS LIVING BELOW THE POVERTY LEVEL ................................................................25 ACTIONS TO ADDRESS HOUSING NEEDS OF PERSONS WITH DISABILITIES .................................................................................26 ACTIONS TO ADDRESS NEEDS OF PERSONS LIVING IN SUBSTANDARD HOUSING ........................................................................26 ACTIONS TO ADDRESS NEEDS OF PERSONS PAYING RENTS THAT EXCEED 50% OF THEIR MONTHLY INCOME OR WHO HAVE BEEN INVOLUNTARILY DISPLACED............................................................................................................................................26 ACTIONS TO ELIMINATE BARRIERS TO AFFORDABLE HOUSING ...............................................................................................26 SELF EVALUATION ................................................................................................................................................ 27 NOT MORE THAN 150% OF THE CURRENT YEARS CDBG GRANT AMOUNT ON FEDERAL DEPOSIT AT THE END OF THE FISCAL YEAR..27 GENERAL COMMENTS...................................................................................................................................................27 PUBLIC REVIEW AND COMMENTS........................................................................................................................ 28
PUBLIC REVIEW PROCESS ..............................................................................................................................................28 SUMMARY OF PUBLIC COMMENTS RECEIVED ....................................................................................................................28
EXECTUTIVE SUMMARY
Introduction The City of Pittsburg (City) 2012-13 Consolidated Annual Performance Evaluation Report (CAPER) is a report card that documents how well the City has met its goals for helping lower income residents of Pittsburg with a variety of services and improvements. The CAPER provides a concise summary of the federal Community Development Block Grant (CDBG) and local grant funding made available and expended in the fiscal year. These funded actions, activities and programs that addressed the priority needs and specific objectives are identified in the Contra Costa Consortium 2010-15 Consolidated Plan (2010-15 Consolidated Plan). The key purpose of the CDBG program is to develop a viable urban community by providing decent housing and suitable living environment and expanding economic opportunities primarily for persons of lower income. City CDBG funds can only be used for projects and programs that benefit residents of Pittsburg. The City utilizes the CDBG program to improve the quality of life and physical conditions in its lower income areas and to benefit lower income residents. Federal funds are allocated annually to entitlement communities through the U.S. Department of Housing and Urban Development (HUD) to carry out a wide range of community development activities that benefit lower income persons and households. In order to receive annual allocations, jurisdictions must prepare and submit to HUD a comprehensive Analysis of Impediments to Fair Housing Choice (AI), a five year Consolidated Plan, annual Action Plans, that are subsidiary documents to the Consolidated Plan, and a CAPER that provides an analysis of the accomplishments of the activities that were proposed in the Action Plan. The entitlement jurisdictions of Pittsburg, Antioch, Concord, Contra Costa County, Richmond, and Walnut Creek constitute the Contra County Consortium (Consortium). Together, they prepare the Consolidated Plan and the AI. The Consolidated Plan was approved May 3, 2010 by Resolution 10-11419 and AI was approved May 3, 2010 by Resolution 10-11420 . The Consolidated Plan, AI, Pittsburgs annual Action Plan and CAPER may be viewed online at the Citys website www.ci.pittsburg.ca.us or by contacting the City of Pittsburg, Lynette Darensburg, Administrative Analyst, City of Pittsburg, 65 Civic Ave., Pittsburg, CA 94565; email ldarensburg@ci.pittsburg.ca.us.
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City of Pittsburg CAPER for 2012-13 Program Year
Summary of Objectives and Accomplishments As required by 24 CFR 91.52, the Pittsburg CAPER 2012-13 provides analysis of the progress that the City has made in the third year of the five year 2010-15 Consolidated Plan. The report details all allocations and expenditures of funding for all fund sources. The City achieved most of its goals in both Housing and Non-Housing areas of the Consolidated Plan during the third year.
CONSOLIDATED PLAN
The Consolidated Plan is a detailed planning document that provides a needs assessment, describes the jurisdictions non-housing community development needs, its housing needs and market conditions, establishes a five-year strategy identifying priorities and available resources, and establishes a One-Year Action Plan1 that outlines the intended uses of the resources. The Consolidated Plan and annual CAPER detail the accomplishments of the actions that were proposed in the Action Plan. This section contains the following elements: A. Overview of the One-Year Action Plan and the Five-Year Consolidated Plan B. Summary of resources available for housing & community development activities for the 2012-2013 program year C. Investment of available resources D. Housing Activities conducted during the 2012-13 program year E. Public Service and Economic Development Activities
One-Year Action Plan Overview and the Five Year Consolidated Plan The annual Action Plan establishes the Citys objectives for meeting housing and community service goals contained in the Five-Year Consolidated Plan; identifies resources available within the community to meet the consolidated goal; and describes the intended use of CDBG funds for one year. The Citys Five-Year Consolidated Plan was written in conjunction with the Consortium. It describes strategies for improving the community and outlines the community development needs of all the member entities. The plan was approved May 2010 and remains in effect from 2010-2015. The current Consolidation Plan has been approved by HUD for 2010-2015. The Consolidated Plan established priorities in housing programs, including: expanding housing opportunities; increasing the supply of decent, safe and affordable rental housing; increasing homeownership opportunities; maintaining and preserving
1
The term One Year Action Plan is interchangeable with Annual Action Plan.
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affordable housing stock; improving public housing stock; adopting the Continuum of Care Plan as an overall approach to addressing homelessness; assisting the homeless and those at risk of homelessness by providing emergency, transitional and permanent affordable housing and supportive services for the special needs populations; alleviating problems of housing discrimination; and removing constraints to affordable housing development. In the area of community development, the Consolidated Plan also identifies priority needs. These priorities include revitalization of low-income neighborhoods; development of comprehensive public service programs with non-profits; integrated service systems addressing homelessness; seniors, youth, and the development of economic development programs that create jobs. The Consolidated Plan proposes to leverage a variety of local financial and human resources to implement projects in accordance with the identified needs and established priorities, including CDBG funds. The Five-Year Consolidated Plan is implemented through an annual Action Plan that outlines specific objectives and projects to meet the priority needs. This report summarizes the actions undertaken during fiscal year (FY) 2012-2013 in the City and the Citys progress toward achieving the objectives outlined in the 2010-2015 Consolidated Plan. Priorities established in the plan include support for public and privately operated service programs, rehabilitation of commercial and industrial areas, providing opportunities for disadvantaged citizens and businesses, and pursuing federal, state and private resources to address social problems. Summary of Resources The goal of the annual Action Plan is to detail the utilization of resources to meet housing, public services and economic development needs. The following table identifies the various sources of funding that was available to the City. Table 1 details the total funding that was used in the specified categories:
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Table 1 Total Funds Expended 2012-2013
Priority Need Non Housing Programs Economic Development** Code Enforcement** Public Facilities/Infrastructure*** General Public Services Senior Services Non-Homeless Needs Special
CDBG $68,151.48 $139,000.00 $127,430.14 $74,798.89 $0 $10,000.00 $108,002.00 $527,382.51
NSP $0 $0 $0 $0 $0 $0 $0 $0
RDA $0 $0 $0 $0 $0 $0 $0 $0
CalHome $0 $0 $0 $0 $0 $0 $0 $0
Other $0 $0 $854,877 $183,827 $234,237 $0 $0 $1,272,941
Total $68,151.48 $139,000.00 $982,307.14 $258,625.89 $234,237.00 $10,000.00 $108,002.00 $1,800,323.51
Administration/Planning** NON-HOUSING SUBTOTAL
Priority Need Housing Programs First Time Homebuyer Homeowner Rehab Housing
CDBG $38,560.00 $0 $0 $0 $38,560.00
NSP $0 $0 $0 $0 $0
RDA $0 $0 $0 $0 $0
CalHome $35,000.00 $0 $0 $1,160.00 $36,160.00
Other $0 $0 $0 $0 0
Total $73,560.00 $0 $0 $1,160.00 $74,720.00
New Construction* Administration/Planning HOUSING SUBTOTAL
**These figures only include CDBG funds. ***Funds were prior year 11-12
The City utilized several sources of funding for implementing its housing and community development projects and programs: CDBG funds: provides annual allotments on a formula basis to entitled cities to develop viable urban communities by providing decent housing, a suitable living environment and by expanding economic opportunities for low and moderate income persons. CalHome Funds: provides grants to local public agencies or nonprofit corporations for first time homebuyer down payment assistance, home 4|Page
rehabilitation, including manufactured homes not on permanent foundations, acquisition and rehabilitation, and homebuyer counseling.
Investment of Available Resources a) Leveraging of Resources During the FY 2012-2013 over $1,800,000 in Federal, State and local resources were invested to accomplish Pittsburgs housing and non-housing objective identified in the 2010-2015 Consolidated Plan. b) Pattern of Investment The City has continued to invest funds in targeted neighborhoods most affected by blighted conditions and/or aging housing stock. Funded housing activities were disbursed amongst several census tracts throughout the City. Below is a map and a description of census tracts that have been identified as area of low and moderate concentration. The census tracts with the greatest concentration of lower income block groups within the City are the North Black Diamond tract 3090, South Black Diamond tract 3100, El Pueblo tract 3120, and the West Boulevard tract 3131.02. The City of Pittsburg does not specifically direct CDBG funds to serve only lower income areas in Pittsburg; but rather the funds are utilized to serve lower income persons throughout the City.
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The 2010 Census data shows the total population of Pittsburg is 63,264, with an average of 3.2 persons per household. Most of the activities in the Citys Action Plan meet the needs of the entire City. In 2010 Census data indicates the ethnic composition of the City is White 36.5%; Black 17.7%; American Indian/Alaskan 0.8%; Asian 15.6%; Native Hawaiian/Other Pacific Islander- 1.0% and of those that indicate they are two or more races 28.4%. The Census considers Hispanic or Latino to be an ethnic, not a racial category, and so this category crosses racial lines. In Pittsburg 42.4% indicate that they are of Hispanic or Latino ethnicity, and 20% indicate that they are not Hispanic.
c) Redevelopment Agency On December 29, 2011, the California Supreme Court upheld ABx1 (AB26) thereby dissolving redevelopment agencies on February 1, 2012. All redevelopment agency activities were thus suspended with exception of scheduled payments and obligations, and other actions to ensure preservation of assets, avoid defaults, and cooperate with audits. The Successor Agency of the Redevelopment Agency of the City of Pittsburg will function on behalf of the former Redevelopment Agency of the City Pittsburg (Agency) and administer the wind down efforts of the Agency. The Pittsburg Housing Authority of the City of Pittsburg (Housing Authority) is the successor agency to the Redevelopment Agency of the City of Pittsburg and assumes all rights, responsibilities, and function related to housing, which includes grant administration originally undertaken by the Agency. The City Council of the City of Pittsburg adopted Resolution 12-11753 on January 17, 2012 approving the new role of the Housing Authority and by Resolution 12-261 the Housing Authority elected to assume all rights, responsibilities, and functions related to housing previously performed by the Agency. This decision by the State has impacted the Citys available resources for affordable housing projects, elimination of blight, economic development, and infrastructure improvements. Housing Activities The City assisted a total of 2 household this year: Two (2) households whose income was 80% or below Area Median Income (AMI) were assisted with the purchase of a housing unit through the Citys First Time Homebuyer Program funded by CDBG and CalHome.
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Affordable Housing Generally, high cost of housing relative to household income continues to indicate a high priority need for affordable housing. The City continues to make progress with creating affordable housing opportunities. AH-1. Affordable Rental Housing: Expand housing opportunities for extremely low-income, very low-income, low income, and moderate-income households through an increase supply of decent, safe and affordable rental housing and rental assistance. The Housing Authority provides rental subsidy to the maximum extent allowable. Funding is awarded by the Federal Government to subsidize low-income families with their rent. The number of families the Housing Authority can assist is determined by the Annual Contract Contribution awarded. Factors in determining the number of units available to assist eligible families are based on average housing assistance payments, fair market rents established by HUD and administrative costs. With this in mind, the Housing Authority is currently able to assist 1,060 families with Housing Choice Vouchers.
AH-2. Affordable Ownership Housing: Increase homeownership opportunities First Time Homebuyer Assistance Program The First Time Homebuyer Program assists prospective buyers with up to $40,000 in assistance which may be used towards the downpayment, interest buydown, principal reduction, and closing cost assistance or any combination thereof. The loan is a deferred interest loan which accrues interest a rate of 3%. No payment is required for the first 30 years and at the end of the 30 year term, the borrower can request one additional 30 year extension. During the year a total of 2 loans were closed, with a total value of $73,560. Total funds include leveraged CalHome funds and CDBG funds. AH-3. Affordable Housing Preservation: Maintain and preserve affordable housing Code Enforcement This program funded one staff salary directly associated with code enforcement activities in the Low/Moderate income areas. The Code Enforcement Division of the Police Department enforces codes, laws and regulations for the abatement of substandard housing conditions and zoning violations, the abatement of abandoned, dismantled, or inoperative 7|Page
vehicles and blight issues as defined as the physical and economic conditions within an area that cause a reduction of, or lack of, proper utilization of that area. AH-4. Property Foreclosure: Reduce the number and impact of home foreclosures. Homeowner Counseling Bay Area Legal Aid which is funded through the City CDBG program, provides legal services to low-income residents in the areas of domestic violence, housing, public benefits, health access and fair housing . Pacific Community Services Inc. (PCSI) a non-profit organization assists troubled homeowners at no charge. Services include confidential counseling to families who are in danger of losing their homes through foreclosure. The counseling consists of a personal interview and the development of a case management plan. A working relationship is established between the homeowner and lender and so as to determine the best relief measures. Every possible alternative to foreclosure is explored. AH-5. Supportive Housing Increase the supply of appropriate and supportive housing for special needs populations. No activities during the 2012-13 Program Year. AH-6. Special needs Housing Preservation: Preserve existing special needs housing. No activities during the 2012-13 Program Year. AH-7. Rehabilitate existing housing to meet the needs of special needs population: Adapt or modify existing housing to meet the needs of special the needs population The City is actively seeking additional funding to expand the Housing Rehabilitation program to provide financial assistance to its special needs population. AH-8. Accessibility to services for special needs population: Improve access to services for those in special needs housing No activities during the 2012-13 Program Year.
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Homeless Strategy Priority Homelessness is a result from a combination of factors related to the socioeconomic systems and personal and family issues. H-1. Homeless Shelters/Housing: Assist the homeless and those at risk of becoming homeless by providing emergency, transitional, and permanent affordable housing with appropriate supportive services No activities during the 2012-13 Program Year.
Non-Housing Community Development Needs Non-housing community development needs are those public service, infrastructure, economic development, and other development needs in the community that have an important impact on the living conditions of Pittsburg residents. The purpose of addressing a communitys non-housing needs, in addition to its housing needs, is to help create more livable, better functioning, and more attractive communities by integrating economic, physical, environmental, community, and human development programs in a comprehensive and coordinated fashion so that families and communities can thrive while working together. Priority Non-Housing Community Development Goals that encompass the needs of all Consortium members were developed and are listed below: CD-1. General Public Services: Ensure that opportunities and services are provided to improve the quality of life and independence for lower income persons, and ensure access to programs that promote prevention and early intervention related to a variety of social concerns. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Service Activities Opportunity Junction Technology Center - The Technology Center provides low-income residents with free classes in English as a Second Language and Computer Basics, helping them develop the skills and confidence they need to support themselves and their families. The Technology Center also offers free computer and Internet access Monday through Thursday, from 6 pm to 9 pm. The program assisted 82 people for the fiscal year. Opportunity Junction Bay Point Career Center - The Bay Point Career Development Services program brings intensive vocational services directly into the high-need community of Pittsburg. Integrated into SparkPoint East Contra Costa and housed at the Bay Point Works 9|Page
Community Career Center, the program provides intensive career development services, including assessment and development of employment plans, case management and service referrals, trainings, and one-on-one career skills development. A total of 17 people were assisted this funding year. Pittsburg Arts and Community Foundation - The Pittsburg Arts and Community Foundation (PACF) is a non-profit organization that provides tools to improve literacy, promote education, create an environment where local artists will thrive, increase exposure to fine arts and literature, and unlock the artistic and educational potential of every Pittsburg resident in a productive and inspiring way. During the fiscal year, PACF encouraged literacy among the youth by encouraging children to read during the summer through the Summer Reads program. To increase interest in the arts, PACF established a paid internship program to local high school artists with no formal training. The Teen Mural Internship Program is a nine week course that brought students together with little or no art class experience. During the course students drew life drawings and painted murals for installation in and around the Old Town district of Pittsburg. Mommy and me classes were held and encouraged parents to bring their 2-5 year old children to weekly art classes. The curriculum allowed learning opportunities for both parents and child. Parents are instructed on how to encourage the child to be creative using a parents hands off approach. Children learned how to create art, using media and resources readily available in nearly every home as well as learning the concepts of shapes, colors, sizes, and numbers. A total of 583 people were assisted by PACF this funding cycle. St. Vincent De Paul- St. Vincent de Pauls Free Medical Clinic, the RotaCare Pittsburg Free Medical Clinic at St. Vincent de Paul provides medical care and preventative services to uninsured and low income residents of Pittsburg, and while doing so, accomplished and directly improved availability and access to health services and reduced health disparities for low income and underserved Pittsburg residents via the services of an all-volunteer team of medical professionals including physicians, pharmacists, pharmacy technicians, nurses, health educators, bi-lingual translators, social workers, receptionists and administrative assistants. A total of 480 people were assisted by St. Vincent De Paul.
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Table 2 General Public Services Funding for FY 2012-13

Agency Opportunity Junction Technology Center Opportunity Junction Bay Point Career Center Pittsburg Arts and Community Foundation ST. Vincent De Paul Brief Project Description English as a second language class and computer basics Provides vocational services to unemployed underemployed Pittsburg residents Provides literacy programs and arts education Provides medical care and preventative services Total and CDBG $ expended $9,999.95 $11,999.94 $9,999.00 $10,800 $ 42,798.89 Total Number Served 82 17 583 480 1,162
CD-2. Seniors: Enhance the quality of life of senior citizens and enable them to maintain independence. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Service Activities Pittsburg Senior Center-The Pittsburg Senior Center provides activities and services that meet the diverse needs of mature adults in the community and seeks to assist them in maintaining healthy and independent lives. Pittsburg Senior Center houses several programs that offer senior fitness classes, lunches Monday- Friday, access to Medicare and legal counseling services, and educational courses.
CD-3. Youth: Increase opportunities for children/youth to be healthy, succeed in school, and prepare for productive adulthood. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Service Activities
STS Academy Pittsburg Summer Youth Corporations - Pittsburg Summer Youth Corp. Program provides structured activities, job ethics, work experience, community pride, commitment and volunteerism for Pittsburg youth ages 12-15 during the summer months. A total of 130 youths were served during the fiscal year. People Who Care (PWC) - The purpose of this program is to provide vocational and employment opportunities and increase educational success among at-risk youth. The curriculum is designed to teach at-risk youth solar and renewable energy systems, electricity and the possibilities for entering the renewable energy industry. The PWC program is designed to engage, train and provide at-risk youth the skills needed to 11 | P a g e
join the GREEN Revolution! A total of 185 youths were served during the fiscal year. Table 3 Youth Funding for FY 2012-13
Agency STS Academy Pittsburg Summer Youth Corporation People Who Care Brief Project Description Summer youth program 12-15 Provide vocational and employment opportunities and increase educational success among at-risk youth. Total CDBG $ expended $10,000 $12,000 $ 22,000 Total Number Served 130 185 315
CD-4. Non-Homeless Special Needs Services: Ensure that opportunities and services are provided to improve the quality of life and independence for persons with special needs, such as frail elderly, disabled persons, migrant farm workers, abused children, those with substance abuse problems, illiterate adults, battered spouses, and persons with HIV/AIDS. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Service Activities Ombudsman Services of Contra Costa- Ombudsman Services of Contra Costa is officially designated by the State of California to serve elderly and dependent adults in long term care facilities in Contra Costa. The agency is state mandated to protect the rights and enhance the quality of life for long term care residents. The agency is the official abuse reporting and investigating agency for all suspected elder/dependent adult abuse involving long term care residents that occur within the County. They maintain a regular presence in facilities to monitor care being given. They investigate and take action to resolve any complaints that are received from residents themselves or on their behalf. They have the responsibility to serve as the required witness for Advanced Health Care Directives for residents in skilled nursing facilities. They provide training and speakers for community groups and long term care facility staff. They give information to families and friends of residents regarding placement, residents rights and a checklist on how to evaluate long term care facilities. Their staff and volunteers provide confidential assistance to all the residents of long term care facilities, their families, and friends. They accept anonymous complaints from staff members and any others who wish to remain anonymous. All their services are free of charge. 313 clients were assisted during this fiscal year.
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Table 4 Non-Homeless Population Funding for FY 2012-13

Agency Ombudsman Services Brief Project Description Advocacy & complaint resolution services to seniors and disabled adults in care facilities Total CDBG $ Total Number expended Served $10,000 313 $10,000 313
CD-5. Landlord/Tenant Counseling and Fair Housing Services: Continue to promote fair housing activities and affirmatively further fair housing. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Service Activities PCSI currently provides landlord/ tenant counseling and fair housing services to residence of Pittsburg. Table 5 Fair Housing Services Population Funding for FY 2012-13
Agency Bay Area Legal Aid Brief Project Description Provides legal services to low income resident Total CDBG $ Total Number expended Served $10,000 115 $10,000 115
CD-6. Economic Development: Reduce the number of persons with incomes below the poverty level, expand economic opportunities for very-low and low income residents, and increase the viability of neighborhood commercial areas. Objective: Provide Economic Opportunity Outcome: Improved Availability / Accessibility Indicator: Economic Development Activities Workforce Development Board - Small Business Development training and consulting assists clients in starting or expanding a microbusiness, thus providing economic opportunities for low-to-moderate income individuals. The project incorporates 10-week entrepreneurial training classes, short-term training and/or 1:1 business management advising. 4 businesses were provided assistance during the fiscal year. Opportunity Junction Job Training and Placement Program - The Job Training and Placement Program (JTPP) is designed to address all of the barriers faced by hard-to-serve low-income adults trying to enter the job market at sustainable wages. The program integrates computer 13 | P a g e
training with life skills, paid experience, case management, psychological counseling, career counseling and job placement, and long-term support so that participants can support themselves and their families. 15 clients were provided job training and job placement. Contra Costa Child Care Council - The project proposed to recruit, train and support very low-income, low-income and moderate-income residents who desire to start and maintain stable microenterprises as they become successful, licensed family child care providers. 44 low-income Pittsburg childcare providers became licensed this program year.
Table 6 Economic Development Population Funding for FY 2012-13

Agency Workforce Development BoardSmall Business Development Center Opportunity Junction Contra Costa Child Care Council Brief Project Description The project incorporates 10-week entrepreneurial training classes, short-term training and/or 1:1 business management advising. Job Training and Placement Program Recruit and train low to moderate income resident who desire to start and maintain a fully licensed daycare. Total CDBG $ expended $8,151.52 Total Number Served 4
$ 39,999.96 $20,000.00 $68,151.48
15 44 63
CD-7. Infrastructure/Public Facilities: Maintain quality public facilities, adequate infrastructure, and ensure access for the mobility impaired by addressing physical barriers to public facilities. Objective: Creating Suitable Living Environments Outcome: Availability / Accessibility Indicator: Public Facility and Infrastructure Activities City of Pittsburg Sidewalk Handicap Ramps Improvements - The City continued its ongoing citywide program for handicap ramp installations throughout the City. During the fiscal year, 50 handicap ramps were installed throughout the City. CD-8. Administration/Planning: Support development of viable urban communities through extending and strengthening partnerships among all levels of government and the private sector and administer federal grant programs in a fiscally prudent manner. No activities during the 2012-13 Program Year.
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ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING NARRATIVE
During the FY 2009-2010, Pittsburg, in conjunction with the Consortium, developed a new AI. The AI reviews the general state of fair housing and the enforcement of fair housing law. The AI also examines the affordability of housing in the jurisdiction with an emphasis on affordable housing to households with annual income classified as low income and less. Low income is defined as equal to or less than 80% of the adjusted AMI as most recently published by HUD. In FY 2012-2013, the City took the following actions to remove impediments to fair housing choices as outlined in the AI for 2010-2015 Table 7: Table 7 Analysis of Impediments Recommendations and Actions
RECOMMENDATIONS
1. Increase Affordable Housing Supply1.3 Assure the availability of adequate sites for the development of affordable housing Deconcentration of Affordable Housing2.2 Assign a high priority and collaborate to expand affordable housing where it is limited Lender Performance- 3.1 When selecting lenders for contract or participation in local programs, use CRA rating and HMDA data in addition to other data. Consultation workshops with Lenders- 4.1 Provide pre-purchase counseling and homebuyer education.
ACTIONS
The City has available vacant High Density Residential, Mixed Use and Planned Development district land permitted to accommodate up to 40 units per acre. These densities are well within the range typically regarded as facilitating development of very low-income housing. For-profit and nonprofit developers familiar with the City have advised that the most affordable density to build is 22 dwelling units per acre. The land identified in the vacant and underutilized land inventory can realistically accommodate 545 units for extremely low-, very low- and low-income households. The City has always maintained affordable housing as a high priority and continues to develop affordable units throughout the City. The City has continued to identify areas which are in need of affordable housing and earmarking those areas for future development.
2.
3.
Accomplished.
4.
The City offers pre-purchase counseling and homebuyer education through our Housing Authority. All applicants of the First Time Homebuyer program are required to attend the 8 hour course.
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5.
Improve Mortgage approval rates in low income and minority concentration- 5.1 Support home purchase programs who wish to purchase homes in Census Tract areas under 50% according to HDMA
The City encourages potential homeowners to purchase throughout the City. The First Time Homebuyer program is not restrictive on the area a buyer wishes to purchase a home.
6.
Fair Housing Services- 6.1 Provide fair housing rights and responsibilities education 7. Preventing Housing Discrimination- 7.1 Educate and enforce fair housing rights 8. Provide reasonable accommodations to persons with disabilities- 8.1 9. Maintain information on the nature and basis of housing discrimination- 9.1 Improve collection and reporting information of housing discrimination complaints 10. Adopt formal policies and procedures regarding reasonable accommodation10.1 Adopt formal policies and procedures for persons with disabilities to request reasonable accommodations 11. Transitional and Supportive Housing is treated as residential uses 11.1 Jurisdictions that have not done so will amend zoning codes to treat transitional
PCSI provides fair housing education in the City of Pittsburg
Bay Area Legal Aid and PCSI provides fair housing education in the City of Pittsburg
Bay Area Legal Aid and PCSI provides fair housing education in the City of Pittsburg
Bay Area Legal Aid and PCSI maintain information on housing discrimination complaints in the City of Pittsburg.
The City requires that all developers follow the California Code of Regulations (CCR) Title 24 also known as the California Building Code when developing residential units within the City limits. Specifically in the Citys Municipa l code section 18.50.123 A. states Within each subdivision or site intended for, or building within which the residents of the dwelling units are, senior citizens, all of the dwelling units designated for occupancy by senior citizens shall be handicapped accessible. The City has also identified a need to produce housing that accommodates the development of housing that is accessible to disabled persons and facilitates aging in place. The Goal is to promote the expansion of our affordable housing stock, including that which accommodates special needs households.
Accomplished.
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12. Permit Permanent emergency shelter by right in at least one appropriate zoning district- 12.1 Amend the zoning code to permit transitional and supportive housing by right in at least one residential zoning district
Accomplished.
The Housing Authority received $ 10,167,360 during FY 2012-13. These funds were used to subsidize 920 Section 8 recipients and 140 Veteran Affairs Supportive Housing (VASH) vouchers. The City has been designated by HUD to administer the VASH program, please see Continuum of Care section.
CONTINUUM OF CARE
The 2010-15 Consolidated Plan identified needs and developed strategies and objectives with considerable help from the Contra Costa Continuum of Care (Continuum) and its Executive Board, with overarching strategies derived from two significant Continuum documents that ascertain the needs and priorities for homeless housing and service. Five Year Strategic Plan for Reducing Homelessness The Continuum completed the five-year (2001-2006) Continuum Care Plan for preventing and reducing homelessness in the County. The Continuum of Care Plan was developed through a community-based planning process. It lays out a comprehensive and strategic response to homelessness. The Continuum of Care Plan seeks to improve and expand homeless services with the goal of moving the homeless population towards self-sufficiency. The Homeless Continuum of Care Plan was guided by the following principles: 1. Preservation of existing levels of service is a top priority. 2. A comprehensive and integrated service system is essential to preventing and reducing homelessness. 3. Homelessness can be effectively addressed only through collaborative efforts involving all jurisdictions and all segments of the community. 4. Prevention is the most cost effective and humane strategy for addressing homelessness. 5. Advocacy is needed to change the public policies and economic 17 | P a g e
decisions that have helped to produce homelessness. 6. Public education is a key aspect of the effort to address homelessness. 7. People who are homeless are full and equal members of our community. 8. Planning should produce concrete results in the lives of those it aims to help.
The Ten Year Plan to End Homelessness In the spring of 2004, the County adopted Ending Homeless in Ten Years: A County-Wide Plan for the Communities of Contra Costa County. The plan seeks to improve and expand homeless services with the goal of ending homelessness within 10 years. The plan outlines five main priorities which are: 1) help homeless people regain housing as soon as possible; 2) provide integrated, wraparound services to facilitate long-term stability; 3) help people to access employment that pays a housing wage; 4) conduct outreach to link chronically homeless people to housing, treatment and services; and 5) prevent homeless from occurring in the first place. As part of the Consortium, the City continues to participate in the countywide efforts to assist the homeless population. CDBG staff participate in the county homeless collaborative meetings to help ensure that there is a coordinated and comprehensive means of dealing with problems of the homeless. Through CDBG funding, the City was able to fund Shelter Inc. and Northern California Family Center. The Housing Authority in collaboration with the Department of Veteran Affairs is working to eliminate homelessness among veteran population. The Housing Authority has been appointed by HUD to administer the VASH program, which combines housing choice voucher rental assistance for homeless veteran with case management clinical services. VASH participants are given priority in efforts to eliminate homelessness. During the FY 2012-2013, the Housing Authority has housed 140 veterans through the VASH program.
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PROGRAM REQUIREMENTS
This section is an analysis of the Citys capacity to implement the federally funded housing and community development activities, along with coordination between the members of the Consortium. Planning The planning activities for FY 2012-2013 began in October 2011. In collaboration with the Consortium, City staff prepared and distributed applications for grant funding to City departments and non-City organizations. These applications were specifically designed to be easy to complete while also providing City staff and the City Council with information needed to understand each proposal. The application form asked each applicant to describe, in detail, the types of activities they propose to conduct, the estimated number they will serve, and the requested grant amount. The Consortium grant cycle is a two year cycle and the FY 2012-2013 is the first year of funding. The Annual Action Plan was prepared by staff and drafts were made available for public review for 30 days. On May 7, 2012, the City Council approved the Annual Action Plan by Resolution No. 12-11808. The programs selected to receive CDBG funds each supported a HUD defined national objective and met the regulatory requirements for eligibility. Additionally, these programs served low-income persons, sought to eliminate blighted conditions and provided economic opportunities for Pittsburg residents. During the Action Plan preparation process, City staff met or exceeded all regulatory requirements for public participation. Administration During FY 2012-2013, the City expended $108,002 of CDBG funds for the administration of the CDBG program. The administration activities conducted during this period included preparing and executing contracts with non-City subrecipients and monitoring program performance in accordance with federal requirements. During FY 2012-2013, subrecipients submitted quarterly progress reports and requests for reimbursement. These reports included statistical information on the number and types of clients served and narrative sections described the activities conducted. Subrecipients submitted their quarterly reports through the Consortiums online database City Data Services (CDS). City staff reviewed each report to ensure the timely implementation of the subrecipients program and the accuracy of reporting data.
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Compliance and Monitoring The City continues its monitoring of subrecipients and projects to ensure compliance with program and comprehensive planning requirements. The City performs on-site monitoring of CDBG subrecipeients, in cooperation with other Consortium members on jointly funded projects. The purpose of the monitoring is to ensure the projects achieve their approved objectives in a manner which is consistent with the federal regulations. If there is a lack of performance or the subrecipient does not meet goals, the City will continue site visits and investigate further until a resolution is reached. During the FY 2012-2013, the following three subrecipients received an on-site visit by City staff and/or Consortium members: Opportunity Junction- All programs funded Ombudsmen of Contra Costa County Bay Area Legal Aid St. Vincent De Paul People Who Care STS Academy
Monitoring visits can result in findings, concerns, and/or observations. A finding is defined as a program element that does not comply with an applicable federal statute, federal regulation, and/ or the CDBG Program Agreement. A concern is either a potential finding or a program weakness that should be improved to avoid future problems. An observation notes effective program elements, suggestions, and/or minor issues. For all of the Citys loan/grant programs, each recipient is required to provide income information on their application. Third party verification is required. For rental project, the property manager/owner is required to annually recertify each tenant in an affordable unit. Third party verification of income is also used in this process. City Reporting The City reported activities throughout the program year and the reporting requirement concluded with the FY 2012-13 CAPER. All activities conducted throughout the year were reported in CDS where subrecipients report their quarterly progress. Through the reporting system the City is able to identify subrecipients that may be having difficulty meeting their goals and provide technical assistance. The information that is collected in the CDS system is then transferred over to the Integrated Disbursement and Information System (IDIS) for the preparation of the CAPER.
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OVERALL ASSESSMENT OF ANNUAL PERFORMANCE
This section will evaluate the Citys performance in addressing the priorities, needs , goals, and specific objectives identified in the Consolidated Plan. During this reporting period, the City effectively and efficiently acted in accordance with the economic development, housing, public service priorities and goals of the Five Year Consolidated Plan. The FY 2012-2013 is the third year of the Consolidated Plan. The City offers the following performance assessments addressing the issues illustrated in each Action Plan:
Housing Activities The housing activities undertaken during the 2012-2013 program year are consistent with the priorities and strategies detailed in Consolidated Plan and the Annual Action Plan. The projects, programs and activities all benefited primarily low and moderate income households. A combination of CDBG funds and CalHome funds were used in order to meet the housing activity goals.
Public Services The City maintained its commitment to allocating 15% of its CDBG annual grant allocation to public and social services activities. During FY 2012-13, the City allocated $84,800 toward public services activities, with $84,798.89 of that amount expended. A total of 5,184 persons received assistance from public and social service agencies under the CDBG program this fiscal year.
Economic Development and Public Facilities Economic Development and Public Facilities make up a small but significant portion of the Citys overall community needs strategy. A total of 44 businesses were established or expanded during FY 2012-13. Opportunity Junctions Job Training and Placement program assisted 15 low income Pittsburg residents. The program increased its starting hourly wage to $13.55 per hour on average as opposed to $8.00 per hour the State of California minimum wage. As a part of the public improvement allocation, the City of Pittsburg completed multiple handicap ramp installations and sidewalk improvements. The infrastructure projects were completed with carry over FY 2011-2012 and 2012-2013 funds in the amount of $127,430.14.
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Efforts in Carrying Out Planned Actions The City pursued all resources that were identified in the Action Plan, the City was also successful in attracting and leveraging additional resources that were not identified in the Action Plan. During FY 2011-2012, the Citys Police Department received the following grants: Supplemental Law Enforcement Services Fund (SLESF) In FY 2011-2012, the Pittsburg Police Department received funding from SLESF for $100,000. The funds are used for front line law enforcement services and equipment (i.e. mobile data computers, computer equipment, and software upgrades, the replacement of portable radios). Edward Byrne Memorial Justice Assistance Grant (JAG) The Pittsburg Police Department was awarded the JAG in the amount of $31,313 in FY 2011-12.
Meeting Consolidated Plan and Annual Action Plan Objectives The City has directed all its CDBG funds to meet the national objectives that further develop the City into a viable urban community. In an effort to meet the national objectives, the City funds activities which: 1) provide decent and safe housing; 2) provide suitable living environment; and 3) expand economic opportunities, principally for low and moderate income persons. The City has consistently worked toward meeting the national objectives in the housing and the non-housing community development programs identified in the 2012-2013 Action Plan. The CDBG funding that was expended in this program year focused on addressing those objectives. Most of the activities were completed during the current fiscal year, with the exception of housing and public facility activities. The housing related and non-housing related activities and the list of funded activities for FY 2012-13 are attached as Table G. Use of Funds for Activities Benefiting Low and Moderate Income Residents The activities funded through the CDBG program primarily benefited low and moderate income persons or households, consistent with a primary objective of the CDBG program. Table 8 below lists the number of low and moderate income residents (whose income was 80% or less of AMI) that benefited from the funding.
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Table 8 Persons Served in Each Category

Activity Fair Housing Housing Economic Development *Public Service Total persons 115 2 63 5,004 No. of Low/Mod 115 2 63 4,883 %of Low/Mod 100% 100% 100% 98%
Total Persons Served

*These figures include Code Enforcement efforts
5,184
5063
98%
Public agencies that do not serve clients that fall under presumed benefit category must request written income verification and certification from its clients to determine eligibility. The agency can use the Consortium created Self Certification form or their intake form. All agencies are required to maintain client records for a period of 5 years. This documentation is verified during the onsite monitoring.
Use of Funds for Activities Benefiting Disabled and Minority Residents The ethnic and racial breakdown for residents that benefit from the CDBG funded activities during the program year is shown in Table 9 below.
Table 9 Persons Served in Each Category

RACE/ ETHNICITY White Black/African American Asian American Indian/ Alaska Native Hawaiian/Pacific Islander American Indian/White Asian/White Black/White American Indian/Black Other TOTAL No. Persons Served 2,166 1,123 674 37 159 2 2 25 2 994 5184
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Performance Measurement System The implementation of the outcome performance measurement system and its use by grantees enable HUD to collect information on the outcomes of activities funded with Community Planning and Development (CPD) formula grant assistance. The data is entered into the IDIS and will be aggregated at the national level to provide HUD with the information necessary to show the national results and benefits of the expenditure of federal funds using CPD formula grant programs. The City of Pittsburg and the Contra Costa Consortium members have fully implemented HUDs new Performance Measurement system. Changes were made in the CDBG application to incorporate the new HUD requirements and make prospective grantees aware of the requirements. The Consortium continues to refine and evaluate the performance measurements to ensure compliance. Conclusion The City met most goals established in the Consortiums Consolidated Plan and the Annual Action Plan.
OTHER ACTIONS UNDERTAKEN
Public Policies The City, alongside the members of the Consortium worked collaboratively to develop the 2010-15 Consolidated Plan. The activities in the FY 2012-2013 Action Plan are reflective of those identified as a need in the Consolidated Plan. The City adopted and received State certification of its Housing Element for the 20072014 planning period; the Housing Element is a part of the Citys General Plan. Since the last Housing Element was adopted in 2004, the City has not only increased the effectiveness of existing goals, but also has added new policies to further expand its affordable housing stock and accommodate special needs groups. As part of the Housing Element, the City will continue to provide incentives to encourage affordable housing for special needs groups, expanding this population to not only include femaleheaded households, seniors, disabled, large families, and the homeless; but also emancipated youth and seasonal and temporary workers. New incentives will be created to encourage on-site childcare space and universal design, aging in place, and the integration of all ages and abilities in accessible housing developments. Institutional Structure The City continues to work cooperatively with members of the Consortium, subrecipients, developers and other City staff to implement programs and projects that benefit low and moderate income people. The City has created a housing team that 24 | P a g e
consists of Development Services, the Housing Authority and PACF to collaborate efforts to create new affordable housing projects in the City. Intergovernmental Cooperation The City is committed to working collaboratively to implement goals and policies of the countywide Consolidated Plan. The Consortium members have continued to increase inter-jurisdictional activities by holding quarterly meetings and joint subrecipient monitoring. Actions to Address Obstacles to Meeting the Under-Served Needs To address the needs of our underserved population, the City has made available through CDBG as well as other leveraged funds, low interest deferred loans to assist with the purchase of a first home to residents that meet the 80% or below AMI income limit. The City successfully assisted 2 low-income participants this program year.
Actions to Evaluate and Reduce Lead Based Paint Hazards As identified in the Consortiums 2010-15 Consolidated Plan, the State Health Department states that children in California are at risk for lead poisoning. Children are especially vulnerable to this toxin found in the paint of old (pre 1978) homes, which can cause brain damage, retardation, neurological problems, kidney damage, and a host of other serious consequences. Lead hazard is especially a concern for the City, given that lead hazard is estimated to be 90% in pre-1940 housing units and that a large number of housing units in Pittsburg are of this era. The City will continue to protect residents from lead-based paint hazards in housing funded with CDBG funds by conforming to HUD regulations 24 CFR Part 35. This regulation addresses the need to reduce or eliminate lead-based paint hazards in federally owned housing and housing receiving federal funds. The City requires any contractor or subrecepients to agree to include requirements for compliance with this regulation. Actions to Reduce the Number of Persons Living Below the Poverty Level One of the most significant efforts taken by the City to reduce persons living below the poverty level is funding economic development programs. During FY 2012-13, the City provided funding to Contra Costa Child Care Council, which provides microenterprise assistance for those who want to maintain or start stable small businesses as licensed home-based family child care providers and Workforce Development Board which provides small business development training and consulting to assist qualifying clients in starting or expanding microbusiness. 48 businesses were assisted and of those assisted, 8 were new business.
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Actions to Address Housing Needs of Persons with Disabilities During this program year, no new units were built within the City that was specifically for persons who identified themselves as persons with disabilities. Actions to Address Needs of Persons Living in Substandard Housing The City continues to partner with affordable housing developers in creating decent safe and sanitary housing to assist individuals throughout the city. Actions to Address Needs of Persons Paying Rents that Exceed 50% of their Monthly Income or who have been Involuntarily Displaced The Housing Authority provides rental subsidy to the maximum extent allowable. Funding is awarded by the federal government to subsidize rental payments for lowincome families. The number of families the Housing Authority can assist is determined by the Annual Contract Contribution awarded. Factors in determining the number of units available to assist eligible families are based on average housing assistance payments, fair market rents established by HUD and administrative costs. With this in mind, the Housing Authority is currently able to assist 948 families with Housing Choice Vouchers. During FY 2012-2013, no CDBG funded activities involved acquisition or demolition of occupied real property. Actions to Eliminate Barriers to Affordable Housing The provision of adequate and affordable housing is an important goal of the City. As a result, the City has proactively implemented a variety of programs, incentives, and development standards to encourage the development, maintenance, and improvement of affordable housing. The City offers incentives for on-site compliance as outlined in Citys Municipal Code Section 18.86.060. Incentives include: Allowing affordable units to be at most 10 percent smaller in square footage than market rate units; Allowing ownership units to be constructed on smaller lots;
Allowing affordable units to have a fewer number of bathrooms, different interior design, finishes and features than market rate units in the same residential development;
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A reduction in off-street parking requirements for affordable units provided that the development is located downtown or within walking distance, generally -mile of transit facilities; and
Deferment of parkland, traffic mitigation and other City fees.
In addition, to provide an incentive for the development of larger family units (four or more bedrooms), developers are offered credit toward the inclusionary requirement of one and one-quarter per larger family unit. On November 15, 2004, the City Council adopted Ordinance No. 04-1229 adding Chapter 18.86, Inclusionary Housing, to the Municipal Code. The Inclusionary Housing Ordinance contains minimum requirements for provision of affordable units within developments according to the type of development (ownership and rental). The purpose of the Citys Inclusionary Housing Ordinance is to es tablish minimum requirements, incentives, and alternative measures by which to ensure the provision of safe, decent, and affordable housing for all segments of the Citys population, regardless of household income.
SELF EVALUATION
The City successfully administered 14 grants in FY 2012-13. CDBG staff partnered with non-profit organizations, City departments and other governmental agencies to provide various public services, housing and economic development opportunities. Not More than 150% of the Current Years CDBG Grant Amount on Federal Deposit at the End of the Fiscal Year At the beginning of May 2013, Pittsburg had 150% of the grant on hand which is at the 150% cap. The City is working diligently to correct the issue. The City is working to ensure that all projects are completed and funds are drawn down in a timelier manner. General Comments All of the Citys major goals are on target, some setbacks occurred with sub-recipients; two subrecipients were cancelled due to site closures and other subrecipients were unable to meet their set goals due to shortage in funding and lack of staff. The City has reimbursed HUD in the amount of $72,389.34 which represents the over expenditure of administrative cost as prescribed by 24CFR section 570.200(g) Overall the City of Pittsburg was able to provide community services, public improvements, economic development and housing activities with our FY 2012-2013 CDBG grant as outlined in the 2012-13 Annual Action Plan. 27 | P a g e
PUBLIC REVIEW AND COMMENTS
Public Review Process Consistent with Federal requirements, a draft of the CAPER document was prepared and made available to the public. The City complied with public participation requirements by holding a public hearing to receive public comments. As required, this CAPER identifies the federal funds made available for furthering the objectives of the Consolidated Plan, the total amount of funds available, the total amount of funds committed during the reporting period, and the total amount expended during the reporting period. Summary of Public Comments Received No public comments.
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PROOF OF PUBLICATION
CITY OF PITTSBURG NOTICE OF PUBLIC HEARING TO APPROVE THE 2012/2013 COMMUNITY DEVELOPMENT BLOCK GRANT CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT (CAPER)
NOTICE IS HEREBY GIVEN: A public hearing will be held before the City Council of the City of Pittsburg to approve the 2012/2013 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program. The public comment period began on August 28th and ends on September 13th. This hearing will be held in the City Council Chamber, 65 Civic Avenue, 3 rd Floor, Pittsburg, California, on September 16, 2013 at 7:00 p.m., or as soon as it can be heard. The 2012/13 CAPER covers the period of July 1, 2012 through June 30, 2013 and describes the programs/services that the City of Pittsburg funded with CDBG funds during program year 2012-2013. The Department of Housing and Urban Development (HUD) requires the city of Pittsburg to prepare and submit their CAPER no later than September 30th of each year. Copies of the draft FY 2012-13 CAPER will be available for review during normal business hours in the City Clerks office, located at 65 Civic Ave, 1st floor in Pittsburg CA, the Development Services Department located at, 65 Civic Ave, 1st floor in Pittsburg, CA, at the Pittsburg Public Library, located at 80 Power Ave in Pittsburg and online. Interested parties are encouraged to send comments on the draft CAPER. Written comments will be accepted from August 28 until September 13, 2013. Written comments should be submitted to the CDBG Program Administrator, City of Pittsburg, 65 Civic Ave, Pittsburg, CA 94565 or emailed to Lynette Darensburg below. This facility is accessible to the mobility impaired. If you have any comments or questions, call or e-mail Lynette Darensburg, CDBG Program Administrator, at (925) 252-4065, ldarensburg@ci.pittsburg.ca.us. Disabled individuals requiring special accommodation in order to participate in the public hearing process should contact 29 | P a g e
Lynette Darensburg above at least 24 hours before the meeting. Hearing impaired individuals may call the California Relay Service at (800) 735-2929 for assistance. The City of Pittsburg does not discriminate on the basis of race, color, religion, sex, national origin, disabilities, and familial status in the admission of, access to, treatment of, or employment in its federally assisted programs or activities. The City of Pittsburg is an affirmative action/equal opportunity employer. If you wish to challenge the action taken on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City of Pittsburg, at or prior to, the public hearing. For additional information please call the CDBG office at (925) 2524065.
PUBLISH DATE: August 28, 2013
Dated: August 13, 2013
_______________________ Alice E. Evenson, City Clerk
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ATTACHMENTS
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Priority Housing Needs/Investment Plan Table A
Priority Need
Renters
0 30 of MFI 31 50% of MFI 51 80% of MFI
Priority Need Level High, Medium, Low
Multi-Year Goals(5Yrs)
Annual Goals
N/A
N/A
N/A
Owners
0 30 of MFI 31 50 of MFI 51 80% of MFI
High
25
Homeless* Individuals Families Non-Homeless Special Needs Elderly Frail Elderly Severe Mental Illness Physical Disability Developmental Disability Alcohol or Drug Abuse HIV/AIDS Victims of Domestic Violence Total (Sec. 215 and other) Total Sec. 215 215 Renter 215 Owner
High High High Medium High Low High High
150 25 1,250 10 125 N/A 200 40 1705 25 0 25
30 5 250 2 25 N/A 40 8 341 5 0 5
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Priority Housing Activities/ Investment Plan Table B
Priority Need
CDBG
Acquisition of existing rental units Production of new rental units Rehabilitation of existing rental units Rental assistance Acquisition of existing owner units Production of new owner units Rehabilitation of existing owner units Homeownership assistance
Priority Need Level High, Medium, Low
Multi-Year Goals(5Yrs)
Annual Goals
HOME
Acquisition of existing rental units Production of new rental units Rehabilitation of existing rental units Rental assistance Acquisition of existing owner units Production of new owner units Rehabilitation of existing owner units Homeownership assistance
High N/A
25 N/A
5 N/A
HOPWA
Rental assistance Short term rent/mortgage utility payments Facility based housing development Facility based housing operations Supportive services
N/A
N/A
N/A
Other
N/A
N/A
N/A
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City of Pittsburg CAPER for 2012 Program Year
Priority Community Development Activities Table C Priority Need

Acquisition of Real Property Disposition Clearance and Demolition Clearance of Contaminated Sites Code Enforcement Public Facility (General) Senior Centers Handicapped Centers Homeless Facilities Youth Centers Neighborhood Facilities Child Care Centers Health Facilities Mental Health Facilities Parks and/or Recreation Facilities Parking Facilities Tree Planting Fire Stations/Equipment Abused/Neglected Children Facilities Asbestos Removal Non-Residential Historic Preservation Other Public Facility Needs Infrastructure (General) Water/Sewer Improvements Street Improvements Sidewalks Solid Waste Disposal Improvements Flood Drainage Improvements Other Infrastructure Handicap Ramps & Curbs Public Services (General) Senior Services Handicapped Services Legal Services Youth Services Child Care Services Transportation Services Substance Abuse Services Employment/Training Services Health Services Lead Hazard Screening Crime Awareness Fair Housing Activities Tenant Landlord Counseling Other Services Economic Development (General) C/I Land Acquisition/Disposition C/I Infrastructure Development C/I Building Acq/Const/Rehab Other C/I ED Assistance to For-Profit ED Technical Assistance
Priority Need Level
Multi-Year Goals (5 Years)
Annual Goals
High
20,000
4,000
High High High
Medium High High High
Citywide 1,350 625 6,760
Citywide 270 125 1352
High Medium
500
100
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Micro-enterprise Assistance Other - Job Training & Placement Program
High Medium
50 25
10 5
SUMMARY OF SPECIFIC OBJECTIVES Table D

Project # Agency Sources of Funds Performance Indicators Expected Number Actual Number Outcome/Objective*
Homeless Objectives Special Needs Objectives

12-2 PS Ombudsman Services of Pittsburg CDBG People 300 313 SL-1
Other Objectives
12-13 CE Code Enforcement CDBG Households 1,000 3,214 SL-1
Availability/Accessibility
Decent Housing
Suitable Living Environment Economic Opportunity DH-1 SL-1 EO-1
Affordability
DH-2 SL-2 EO-2
Sustainability
DH-3 SL-3 EO-3
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SUMMARY OF SPECIFIC HOUSING/COMMUNITY DEVELOPMENT OBJECTIVES Table E

Project #
Specific Objectives Rental Housing Owner Housing
Sources Funds
of
Performance Indicators
Expected Number
Actual Number
Outcome/ Objective*
12-14HSG
Homeownership Program
CDBG
Households
DH-1
Community Development
Infrastructure
12-12 PF Handicapped Pedestrian Transportation Improvements CDBG Citywide 50 50 SL-1
Public Facilities Public Services

12-3 PS 12-4 PS 12-8 PS 12-7 PS 12-6 PS Opportunity Junction-Technology Center Opportunity Junction- Bay Point Career Center STS Academy Pittsburg Summer Youth Corp. St Vincent De Paul Pittsburg Arts and Community Foundation Arts & Literacy Program People Who Care The Hip Hop Car Wash CDBG CDBG CDBG CDBG CDBG People People People People People 100 12 120 100 150 CDBG People 100 185 SL-1 82 17 130 480 583 SL-1 SL-1 SL-1 SL-1 SL-1
12-5 PS
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Economic Development
12-9 ED 11-001 ED 11-015 ED Contra Costa County Child Care Council Road to Success Workforce Development Board of Contra Costa County Opportunity Junction Job training and Placement CDBG CDBG CDBG People People People 40 10 6 44 4 15 EO-1 EO-1 EO-1
Neighborhood Revitalization/Other
Availability/Accessibility
Decent Housing
Suitable Living Environment Economic Opportunity DH-1 SL-1 EO-1
Affordability
DH-2 SL-2 EO-2
Sustainability
DH-3 SL-3 EO-3
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Special Needs (Non-Homeless) Population

Table F Priority Level Need Multi-Year Goals 1250 10 Annual Goals 250 2
SPECIAL NEEDS SUBPOPULATIONS
High, Medium, Low, No Such Need
Elderly Frail Elderly Severe Mental Illness Developmentally Disabled Physically Disabled Persons w/ Alcohol/Other Drug Addictions
High Medium
High Medium
130 985 200 100
26 197 40 20
Persons w/HIV/AIDS Victims of Domestic Violence Other
High High
TOTAL
2,675
535
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List of Funded Activities 2012- 2013 Table G

Agency Organization
Bay Area Legal Aid (BayLegal) Ombudsman Services of Contra Costa Opportunity Junction Technology Center Opportunity Junction-Bay Point Spark People Who Care (PWC) Pittsburg Arts & Community Foundation St. Vincent de Paul of Contra Costa County Success Through Self (STS) Academy Contra Costa Child Care Council Opportunity Junction Job Training and Placement Workforce Development Board of Contra Costa County City of Pittsburg - Development Services City of Pitsburg- Handicapped Pedestrian Improvement (11-12 rollover funding) City of Pittsburg - Police Department City of Pittsburg - Community Access Dept. 20% Cap for Program Administration $108,002 Total CDBG for FY 2012-13 Category Public Services Public Services Public Services Public Services Public Services Public Services Public Services Public Services Economic Dev. Economic Dev. Economic Dev. LMI Area Benefit Infrastructure LMI Area Benefit Infrastructure Code Enforcement
Funding Amt.
$10,000.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 $10,000.00 $10,800.00 $10,000.00 $20,000.00 $40,000.00 $15,000.00 $175,000.00 $66,910.00 $139,000.00 $100,000.00 $108,002.00 $681,802.00
Total Expended
$10,000.00 $10,000.00 $9,999.95 $11,999.94 $12,000.00 $9,999.00 $10,800.00 $10,000.00 $20,000.00 $39,999.95 $8,151.52 $60,520.14 $66,910.00 $139,000.00 $38,560.00 $108,002.00 $565,5942.49
39 | P a g e
Cumulative Financial Reports (per HUD Form 4949.3)-Attachment A
40 | P a g e
Cumulative Financial Reports (per HUD Form 4949.3) Attachment A
FINANCIAL SUMMARY Community Development Block Grant Programs U.S. Department of Housing and Urban Development Office of Community Planning and Development Name of Grantee:
Grant Number:
Reporting Period:
CITY OF PITTSBURG B11 MCO 60054 July 1, 2011 through June 30, 2012
Part I - Summary of CDBG Resources

1. 2. 3. 4. 5. Unexpended CDBG funds at end of previous period Entitlement grant from HUD-7082 (Grant Agreement) Surplus Urban Renewal Funds: Section 108 Guaranteed Loan funds (principal amount): Program Income Grantee Revolving Funds: Other Funds: As of FY 12-13 Total Program Income: 6. Prior period adjustments (enclose negative amounts in brackets): 7. Total CDBG funds available during the reporting period: Sub-recipient
$ $ $ $ 956,565.15 540,008.00 -
$ 22,600.00 RLF PI
$ 22,600.00
1,519,173.15
Part II - Summary of CDBG Expenditures

8. Total Program year expenditures: 9. Total expended for planning and administration: 10. Amount subject to low/mod benefit calculation: 11. CDBG funded Section 108 principal and interest payments: 12. Total expenditures (line 8 and 11): 13. Unexpended balance (line 7 minus line 12)
$ $ $ $ $ $ 545,868.61 108,002.00 437,866.61 545,868.61 973,304.54
Part III - Low/Mod Credit this Reporting Period 14. Total low/mod credit for multi-unit housing expenditures: 15. Total from all other activities qualifying as low/mod expenditures: 16. Total (line 14 plus 15): 17. Percent benefit to low/mod persons (line 16 divided by line 10):
$ $ $ 545,868.61 545,868.61 1.25%
Part IV - Low/Mod Benefit for Multi-year Certifications

Complete only if certification period includes prior years. Note: Please refer to Consolidated Plan submission corresponding to the reporting period. Specific CDBG Certifications; Use of Funds (criteria 2); Overall Benefit- to verify your Community's Certification period. DO NOT complete this section unless you have certified a multiple year certification period.
18. Cumulative net expenditures subject to program benefit calculations: 19. Cumulative expenditures benefiting low/mod persons: 20. Percent benefit to low/mod persons (line 19 divided by line 18):
$ $
0%
Part V - Public Services (PS) Cap Calculation

21. Total PS expenditures: 22. Total PS unliquidated obligations: 23. Sum of line 21 and 22: 24. PS unliquidated obligations reported end of previous report period: 25. Net obligations for PS (line 23 minus 24): Page 48 26. Amount of program income received end of previous report period: 27. Entitlement grant amount (line 2)
$ $ $ $ $ $ $ 84,798.88 84,798.88 84,798.88 69,492.00 540,008.00
28. Sum of line 26 and 27: 29. Percent funds obligated for PS (line 25 divided by line 28):
609,500.00 14%
Part VI - Planning and Administration (P& A) Cost Cap Calculation

30. Total P& A expenditures: 31. Total P & A unliquidated obligations: 32. Sum of line 30 and 31: 33. P & A unliquidated obligations reported end of previous report period: 34. Net obligations for P & A (line 32 minus line 33): 35. Amount of program income received for this program year: 36. Entitlement grant amount (line 2): 37. Sum of line 35 and 36: 38. Percent funds obligated for P&A (line 34 divided by line 37):
$ $ $ $ $ $ $ $ 108,002.00 108,002.00 108,002.00 22,600.00 540,008.00 562,608.00 19%
Part VII - Reconciliation of CDBG Funds

39. Unexpended balance (line 13): 40. Add: a. Line of credit balance as of last day of program year: b. Cash on hand: grantee and subrecipient accounts: c. Revolving cash balances: d. Section 108 accounts (contracted funds): e. Total:
Note:
973,304.54
$ $ $ $ $
973,304.54
When grantees or subrecipients operate their programs on a reimbursement basis, any amounts due to the grantees or subrecipients should be included in program liability figures supplied for the calculation below.
41. Subtract: a. Grantee and subrecipient CDBG program liabilities: (include any reimbursements due to the grantee/subrecipient from program funds) b. Total: 42. Total Reconciling Balance (line 40e minus line 41b): 43. Unreconciled Difference (line 39 minus line 42):
$ $ $
973,304.54 -
Part VIII - balance of Unprogrammed Funds

44. Add: a. Funds available during reporting period (line7): b. Expected program income not yet realized (projected): c. Sub-total: 45. Subtract total budgeted amount (from report C04PR06): 46. Unprogrammed Balance: from program funds) b. Total: 42. Total Reconciling Balance (line 40e minus line 41b): 43. Unreconciled Difference (line 39 minus line 42): $ 1,519,173.15 $ 1,519,173.15 $ $ $ $ $ (545,868.61) 973,304.54 973,304.54 973,304.54 -
Part VIII - Balance of Unprogrammed Funds

44. Add: a. Funds available during reporting period (line7): b. Expected program income not yet realized (projected): c. Sub-total: 45. Subtract total budgeted amount (from report C04PR06): 46. Unprogrammed Balance: $ 1,519,173.15 $ $ 1,519,173.15 $ $ (545,868.61) 973,304.54
Page 48
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/6/2013 Mayor and Council Members Joe Sbranti, City Manager Consideration of a City Council Resolution Adopting a Mitigated Negative Declaration and Amending the General Plan, and Introduction of an Ordinance Rezoning a 4.4-Acre Parcel on Carion Court from Commercial to Residential to Allow for Development of a Single Family Subdivision, Sunnyside Estates (AP-11-810). 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY This is a public hearing on a request by Discovery Builders, Inc., that the City Council: 1) adopt a Mitigated Negative Declaration and amend the General Plan to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) adopt an ordinance to rezone the same parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. On August 27, 2013, the Planning Commission considered the draft Mitigated Negative Declaration and directed staff to prepare and execute Resolution No. 9954, recommending approval of the proposed General Plan amendment and rezoning request. The subject site is located at the northeastern corner of Carion Court. Assessors Parcel No. 073-190-033. FISCAL IMPACT One-time revenues related to engineering and construction permits to cover staff time for permit review are anticipated with development of the property for residential purposes. Staff performed a limited fiscal analysis of the proposed residential project against a commercial project that would be consistent with the existing General Plan and zoning regulations. Assumptions for the commercial development were based on the Carion Commerce Center (see Background). Assuming that the costs for streetscape, lighting, park maintenance and community services (such as police, fire, schools) would be covered by Community Facility/Lighting and Landscaping District fees and building permit fees applicable to both residential and commercial projects, staff estimates that the proposed commercial project would draw over $100,000 annually in additional property and sales/use
tax revenues to the City, as compared to the proposed residential project. Further, the commercial project has the potential to add up to 62 new jobs to the City of Pittsburg (General Plan, Table 2-6).
RECOMMENDATION If the City Council agrees with the staff recommendation, the City Council shall adopt the attached Resolution denying the General Plan, Rezoning, and Vesting Tentative Map request. If the City Council agrees with the Planning Commission recommendation, the City Council shall adopt the attached resolution adopting the Mitigated Negative Declaration that was prepared for the project, and amending the General Plan to change the land use designation on the subject property from Business Commercial to Medium Density Residential. Following adoption of that resolution, the Council shall move to introduce, waive further reading, and pass to second reading the attached ordinance to rezone the subject property from CS-O (1284) District to RM District.
BACKGROUND On August 17, 1992, the City Council adopted Resolution No. 92-7839, amending the General Plan land use designation on approximately 16.6 acres located at 1201 California Avenue (including the 4.4-acre subject site) from Industrial to Commercial. Following that meeting, on September 8, 1992, the City Council adopted Ordinance No. 92-1043, rezoning approximately 16.6 acres located at 1201 California Avenue from IL (Limited Industrial) District to CS-O (Service Commercial with a Limited Overlay) District. Following the land use changes, the property was subdivided and a series of commercial and light industrial multi-tenant buildings were constructed on the site in the early to mid-2000s. On September 25, 2007, the Planning Commission adopted Resolution No. 9735 approving architectural and site improvement plans for Discovery Builders Carion Commerce Center, an approximately 56,600 square foot light industrial building on the subject site; however, entitlements for the project expired on September 25, 2010. On September 11, 2012, the Planning Commission held a public hearing on the proposed Sunnyside Estates project, at which time oral and/or written testimony was considered. At that time, staff brought forward a recommendation of denial of the proposed land use changes, along with a determination that the project was not subject to environmental review pursuant to California Environmental Quality Act (CEQA) section 15061 (b)(4), as a project that was being recommended for disapproval. However, the Planning Commission directed staff to conduct environmental analysis on the proposed project, and then to bring the project back for Commission consideration. On August 27, 2013, the Planning Commission held a public hearing on the proposed land use changes and the Mitigated Negative Declaration prepared for the project, at which time oral and/or written testimony was considered. At that time, staff reiterated a recommendation of denial on the basis that the proposed land use change was not consistent with the General Plan. After considering the Mitigated Negative Declaration and hearing testimony in support of the project from the applicants representative, and testimony against the proposed land use change from a representative of Dow Chemical
Company, the Planning Commission moved 4 to 3 to recommend City Council approval of the General Plan amendment and Rezoning requests. Commissioners Fardella, Fogleman, Gargalikis and Belleci-Schipe expressed their support of the project by voting in favor of the motion to recommend approval of the proposed land use changes; Commissioners Banales, Ohlson and Kelley voted against the motion. California Environmental Quality Act (CEQA): An initial study was prepared to analyze the potential environmental impacts of the proposed development, in accordance with the direction of the Planning Commission. Based on the analysis in that study, the Planning Manager determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a Notice of Intent to Consider Adoption of a Mitigated Negative Declaration (MND) was prepared and distributed to the public on June 24, 2013, for a 30-day review.
SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS Prior to amending the land use designation and zoning on a property, the City Council must make findings that the change is consistent with the policies and intent of the General Plan; that there is a community need for the proposed change; and, that its adoption will be in conformity with public convenience and welfare. As outlined in detail in the August 27, 2013 Planning Commission staff report (attached), staff does not believe that the findings can be made for the following reasons: There is not a need for additional residentially zoned land in the City. According to the Citys project pipeline list, there are over 2,000 single family detached units entitled, recently constructed or under construction in the City of Pittsburg, and three subdivision applications currently under planning review that would add an additional 1,300 single family lots to the inventory. According to an Urban Land Institute study on post-recession housing trends, the existing and pipeline supply of this type of conventional housing (constructed at densities less than eight units per acre) exceeds current and projected demand for such housing in California through 2035. Conversion of commercially designated land to residential would not support the Citys goal of achieving a jobs-housing balance in the City (General Plan, 1-14). Further, there are numerous General Plan goals and policies that call for reserving commercially designated land in areas that are close to major transportation corridors such as State Route 4 (2-G-2 and 2-P-10; 2-G-7; 2-P-11; 2-P-14; 2-G-14 and 2-P-48). The 2007 market downturn negatively affected commercial rents in the short and even medium term. The recent market upturn (since late 2012) in the housing market is making it attractive to developers to attempt to re-zone land from commercial to residential uses; however, the proposed project would result in spot zoning or granting one parcel a designation (in this case residential) that is incompatible with the surrounding neighborhood (commercial, light industrial and governmental/quasi-public). Spot zoning violates the maxim that all parcels in a particular zone should be treated alike and in this case would award a developer an economic windfall due to the fact that the housing market is on an upswing
while the commercial/industrial real estate market is currently, relatively flat. According to vacancy quarterly reports by Cassidy Turley and Colliers International, the commercial/industrial vacancy rates are between 4.5 and 5.8 percent in Pittsburg. In fiscal year 2011-12, non-consumer related transactions generated from the heavy commercial and light industrial businesses located north and northeast of the subject site accounted for up to 41 percent of the sales tax base for the City despite the fact that only 13 percent of the Citys land is devoted to commercial and industrial uses (Table 2-3, General Plan Land Use Distribution). Conversion of additional commercial land would serve to erode the viable commercial and industrial tax base. While a new junior high school was recently built to the west of the site, the other three sides of the site abut established industrial and commercial uses to the north, south and east. A land use change to allow single family residential uses at the subject site could prove prohibitive to the future full development and expansion of the surrounding heavy commercial and industrial businesses near the project site, potentially limiting the growth of that adjacent and existing sales tax base. A majority of the Planning Commission, after weighing staffs recommendation of denial, the Mitigated Negative Declaration prepared for the project, the project proponents testimony and written and verbal communication from the public does believe that the findings can be made to support the requested land use change for the following reasons: Under current market conditions, a commercial development is not viable at the subject site. According to Commissioner Gargalikis, there is a high rate of commercial vacancies throughout the City, making commercial development of the vacant and underutilized parcel very unlikely in the near and possibly medium term (next 10 to 15 years). The proposed land use change would promote economic development and will prevent blight on this vacant underutilized parcel at a time when there is no demand for commercial or industrial development on this site. The proposed infill site is appropriate for residential development in that it would be adjacent to the newly constructed Martin Luther King Jr. Junior High School and is near a long-established residential neighborhood located to the west of the School. According to the Mitigated Negative Declaration prepared for the project, there were no environmental impacts identified that could not be lessened to a level of insignificant. The proposed development would be consistent with General Plan goals and policies that encourage infill residential development that is close to commercial development, major transportation infrastructure and schools, which is also consistent with Senate Bill 375 to reduce greenhouse gas emissions through the development of mixed use communities. Furthermore, the proposed land use change would result in expansion of the housing stock to provide small-lot, single family infill housing that is most affordable and attractive to first time homebuyers. Due to the difference in recommendation between staff and the Planning Commission, resolutions of approval and denial have been prepared for this item and are attached to this staff report for the Councils consideration. Adoption of the resolution and ordinance of approval would keep the application active, with consideration of the vesting tentative subdivision map to be scheduled for a Planning Commission agenda at a later date. By contrast, adoption of the resolution of denial would deny all three applications (General Plan
Amendment, Rezoning, and Vesting Tentative Map) associated with the development proposal. ATTACHMENTS: 1. Proposed Resolution of Denial 2. Proposed Resolution of Approval 3. Mitigated Negative Declaration and Initial Study (Exhibit A to Resolution) 4. Proposed Ordinance 5. Rezoning Exhibit (Exhibit A to Ordinance) 6. Correspondence related to the Notice of Intent to Adopt an MND, from Randy Fischback, Dow Chemical Company, July 29, 2013 7. Correspondence related to the Notice of Intent to Adopt an MND, from Erik Alm, Department of Transportation, July 25, 2013 8. Planning Commission Resolution No. 9954 Recommending Approval of the Project 9. August 27, 2013 Planning Commission Staff Report (to which the September 11, 2012 Planning Commission Staff Report and Adopted Meeting Minutes are attached) 10. August 27, 2013, Planning Commission Meeting Draft Minutes 11. Public Hearing Notice 12. Aerial/Vicinity Map
Report Prepared By: Leigha Schmidt, Associate Planner
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Denying a General Plan Amendment, Rezoning and Vesting Tentative Map to Convert a 4.4-Acre Vacant Site at the Northeastern Corner Of Carion Court from Commercial to Single Family Residential Uses for Sunnyside Estates, AP-11-801 (GP, RZ, SUB) ) ) ) ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, on December 15, 2011, Jackie Seeno, on behalf of Discovery Builders, Inc., filed Planning Application No. 11-810, requesting approval of: 1) a General Plan Amendment to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) rezoning of the 4.4-acre parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. The applicant is also requesting approval of a vesting tentative map to subdivide the parcel into 33 single family lots ranging from 2,874 square feet to 5,394 square feet. The subject site is located at the northeastern corner of Carion Court, north of Hampton Inn & Suites and the Mill Creek/Loveridge Center commercial development at California Avenue and Loveridge Road. Assessors Parcel No. 073-190-033; WHEREAS, on August 17, 1992, the City Council adopted Resolution No. 92-7839, amending the General Plan land use designation on approximately 16.6 acres located at 1201 California Avenue (including the 4.4-acre subject site) from Industrial to Commercial. Following that meeting, on September 8, 1992, the City Council adopted Ordinance No. 92-1043, re-zoning approximately 16.6 acres located at 1201 California Avenue from IL (Limited Industrial) District to CS-O (Service Commercial with a Limited Overlay) District; WHEREAS, on August 24, 2001, John Tomasello filed multiple development applications for the Mill Creek Development (Loveridge Commercial Center) at 1201 California Avenue. Applications filed on that date included a request for approval of a subdivision of the 16.6-acre site into six parcels, re-zoning to amend the allowable uses and development standards of the CS-O District, and multiple use permit and design review requests; WHEREAS, on February 12, 2002, the Planning Commission held a public hearing and adopted Resolution No. 9289, recommending approval of the rezoning request, and Resolution Nos. 9290 through 9299 conditionally approving a tentative map and the requested use permit and design review approvals. On April 1, 2002, the City Council adopted Ordinance No. 02-1193 amending the CS-O District in accordance with the Planning Commission recommendation; WHEREAS, on June 8, 2007, Discovery Builders submitted a new design review application for Carion Commerce Center, an approximately 56,600 square foot light industrial building on the subject site. On September 25, 2007, the Planning Commission adopted Resolution No. 9735, approving architectural and site improvement plans for the
Resolution No. 13Page 1 of 5 September 16, 2013
proposed warehouse; however, entitlements for the commercial development expired on September 25, 2010; WHEREAS, on September 11, 2012, the Planning Commission held a public hearing on General Plan, Rezoning and Vesting Tentative Map Application No. 11-810, at which time oral and/or written testimony was considered. At that time, staff brought forward a recommendation of denial of the proposed land use changes and a determination that the project was not subject to environmental review pursuant to California Environmental Quality Act section 15061 (b)(4), as a project that was being recommended for disapproval by a public agency. However, the Planning Commission directed staff to conduct environmental analysis on the proposed project, and then to bring the project back for Commission consideration; WHEREAS, the currently proposed land use change is governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); WHEREAS, the currently proposed land use change does not conform to the applicable Business Commercial General Plan land use designation or the applicable goals and policies of the Pittsburg General Plan. The subject site is located within the Loveridge Road sub-area where large industrial uses and vacant sites constitute a majority of land along Loveridge Road, north of State Route 4 in the vicinity of the project site. There are numerous General Plan goals and policies that call for reserving commercially designated land in areas that are close to major transportation corridors such as State Route 4 (2-G-2 and 2-P-10; 2-G-7; 2-P-11; 2-P-14; 2-G-14 and 2-P-48). Further, conversion of commercially designated land to residential would not support the Citys goal of achieving a jobs-housing balance in the City (General Plan, 1-14); WHEREAS, an initial study analyzing the potential environmental impacts of the development was prepared, as directed by the Planning Commission and in accordance with the Guidelines for implementation of the California Environmental Quality Act (CEQA Guidelines). Based on the analysis in that study, the Planning Manager determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a Notice of Intent to Consider Adoption of a Mitigated Negative Declaration (MND) was prepared and distributed to the public on June 24, 2013, for a 30day review, in accordance with the CEQA Guidelines; WHEREAS, California Government Code section 65354 and Pittsburg Municipal Code (PMC) subsection 18.10.020.A identify the Planning Commission as the advisory body to the City Council on amendments to the general plan and the zoning map. Government Code section 65353(a) requires that the Commission conduct at least one public hearing prior to making its recommendation on a proposed general plan amendment and rezoning request; WHEREAS, on August 27, 2013, after holding a duly noticed public hearing, the Planning Commission directed staff to draft and execute Resolution No. 9954, making the necessary findings and recommending approval of the proposed amendment to the Zoning Map from CS-O District to RM District to allow for the development of a small-lot single family development on the parcel;
Resolution No. 13-
Page 2 of 5
September 16, 2013
WHEREAS, Government Code section 65355 requires that the City Council conduct at least one public hearing prior to acting on a proposed general plan amendment; WHEREAS, on or prior to September 6, 2013, notice of the September 16, 2013, public hearing to consider this application was posted at City Hall; was delivered to the Pittsburg Library; was posted on the Citys website; was published in the East County Times; and, was mailed via first class mail or email to the applicant, the property owner, owners of property within 300 feet of the subject site, service agencies who may be affected by the proposed rezoning, and interested parties and individuals and organizations that requested such notice, in accordance with PMC section 18.14.010 and Government Code section 65090; and, WHEREAS, on September 16, 2013, the City Council held a public hearing on General Plan Amendment and Rezoning Application No. 11-810, at which time oral and/or written testimony was considered. Section 1. Findings.
Based on the Staff Report entitled, Consideration of a City Council Resolution Adopting a Mitigated Negative Declaration and Amending the General Plan, and Introduction of an Ordinance Rezoning a 4.4-Acre Parcel on Carion Court from Commercial to Residential to Allow for Development of a Single Family Subdivision, Sunnyside Estates (AP-11-810), dated September 16, 2013, and based on all the information contained in the Planning Department files on the project, incorporated herein by reference and available for review in the Planning Department located at 65 Civic Avenue in Pittsburg, in the custody of the Planning Manager, and based on all written and oral testimony presented at the meeting, the Council finds that: A. B. All recitals above are true and correct and are incorporated herein by reference. The Initial Study and draft Mitigated Negative Declaration prepared for this project were prepared in compliance with Public Resources Code section 21000 et seq (CEQA), and the Council has independently reviewed and considered the information contained therein. However, this project is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Guidelines, section 15061 (b)(4) as a project that is being denied by a public agency.
General Plan: C. The proposed General Plan amendment from Business Commercial to Medium Density Residential to support a small lot single family development is not in the public interest. There are more than adequate supplies of entitled single family developments and existing single family homes in the City to meet the existing and foreseeable future demand for new and previously owned single family homes in the City. Additionally, the General Plan is structured around several themes, one of which is achievement of a balance between jobs and employed residents at build out, which cannot be achieved with conversion of the remaining four percent of commercially designated land to residential purposes; and, there are multiple
Page 3 of 5 September 16, 2013
Resolution No. 13-
General Plan goals and policies that call for sites with a Business Commercial land use designation to retain a commercial land use designation to promote flexibility and diversity in land use arrangements, and to support job growth and economic development in the City. Rezoning: D. The proposed Zoning amendment from CS-O District to RM District to support a small lot single family development is not consistent with the objectives, policies, general land uses and programs in the General Plan. The General Plan is structured around several themes, one of which is achievement of a balance between jobs and employed residents at build out, which cannot be achieved with conversion of the remaining four percent of commercially designated land to residential purposes; and, multiple General Plan goals and policies call for sites with a Business Commercial land use designation to retain a commercial land use designation to promote flexibility and diversity in land use arrangements, and to support job growth and economic development in the City. The proposed land use regulation is not compatible with uses and regulations of the land use district for which it is proposed in that the site is surrounded by commercial and light industrial uses on the north, south and east sides, and retention of a commercial zoning designation on the site would provide a more logical land use transition and a better buffer between those commercial and light industrial uses and the governmental/quasi-public (Martin Luther King Jr. Junior High School) use located west of the school site. Changing the land use classification on the single 4.4 acre site that is surrounded by commercial, light industrial and governmentalquasi-public land uses constitutes spot zoning and the placement of incompatible land uses adjacent to each other. There is not a community need for the change proposed in that there are more than adequate supplies of entitled and existing single family homes in the City to meet the current and foreseeable future demand for new and previously owned single family homes in the City without the proposed zoning change. The proposed zoning change will not be in conformity with the public convenience, general welfare, and good zoning practice in that it will result in the reduction of the already small amount of land devoted to commercial land uses in the City, in conflict with existing General Plan policies against such conversion. Retention of commercial zoning on the property will allow the site to serve as a more logical land use transition and a better buffer between the commercial and industrial uses located north, south and east of the site and the governmental/quasi-public (Martin Luther King Jr. Junior High School) located west of the school site; and, changing the land use on the single 4.4 acre site that is surrounded by commercial, light industrial and governmental-quasi-public land uses constitutes spot zoning and the placement of incompatible land uses adjacent to each other.
E.
F.
G.
Vesting Tentative Map:
Resolution No. 13-
Page 4 of 5
September 16, 2013
H.
The proposed vesting tentative map is not consistent with the General Plan or the Zoning Ordinance, as proposed, in that single family residential uses are not permitted and are not appropriate in areas intended for commercial development. Denial
Section 2.
Based on the findings and the authority set forth above, the City Council hereby denies General Plan Amendment, Rezoning and Vesting Tentative Map Application No. 11-810. Section 3. Effective Date
This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Resolution No. 13-
Page 5 of 5
September 16, 2013
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring Program, and Amending the Land Use Diagram in Chapter Two of the General Plan to Re-designate Approximately 4.4 Acres from Business Commercial to Medium Density Residential for Sunnyside Estates (General Plan Amendment Application No. 11-810). ) ) ) ) ) ) ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, on December 15, 2011, Jackie Seeno, on behalf of Discovery Builders, Inc., filed Planning Application No. 11-810, requesting approval of: 1) a General Plan Amendment to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) rezoning of the 4.4-acre parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. The applicant is also requesting approval of a vesting tentative map to subdivide the parcel into 33 single family lots ranging from 2,874 square feet to 5,394 square feet. The subject site is located at the northeastern corner of Carion Court, north of Hampton Inn & Suites and the Mill Creek/Loveridge Center commercial development at California Avenue and Loveridge Road. Assessors Parcel No. 073-190-033; WHEREAS, on August 17, 1992, the City Council adopted Resolution No. 92-7839, amending the General Plan land use designation on approximately 16.6 acres located at 1201 California Avenue (including the 4.4-acre subject site) from Industrial to Commercial. Following that meeting, on September 8, 1992, the City Council adopted Ordinance No. 92-1043, re-zoning approximately 16.6 acres located at 1201 California Avenue from IL (Limited Industrial) District to CS-O (Service Commercial with a Limited Overlay) District; WHEREAS, on August 24, 2001, John Tomasello filed multiple development applications for the Mill Creek Development (Loveridge Commercial Center) at 1201 California Avenue. Applications filed on that date included a request for approval of a subdivision of the 16.6-acre site into six parcels, re-zoning to amend the allowable uses and development standards of the CS-O District, and multiple use permit and design review requests; WHEREAS, on February 12, 2002, the Planning Commission held a public hearing and adopted Resolution No. 9289, recommending approval of the rezoning request, and Resolution Nos. 9290 through 9299 conditionally approving a tentative map and the requested use permit and design review approvals. On April 1, 2002, the City Council adopted Ordinance No. 02-1193 amending the CS-O District in accordance with the Planning Commission recommendation; WHEREAS, on June 8, 2007, Discovery Builders submitted a new design review application for Carion Commerce Center, an approximately 56,600 square foot light
Resolution No. 131 September 16, 2013
industrial building on the subject site. On September 25, 2007, the Planning Commission adopted Resolution No. 9735, approving architectural and site improvement plans for the proposed warehouse; however, entitlements for the commercial development expired on September 25, 2010; WHEREAS, on September 11, 2012, the Planning Commission held a public hearing on General Plan, Rezoning and Vesting Tentative Map Application No. 11-810, at which time oral and/or written testimony was considered. At that time, staff brought forward a recommendation of denial of the proposed land use changes and a determination that the project was not subject to environmental review pursuant to California Environmental Quality Act section 15061 (b)(4), as a project that was being recommended for disapproval by a public agency. However, the Planning Commission directed staff to conduct environmental analysis on the proposed project, and then to bring the project back for Commission consideration; WHEREAS, the currently proposed project is governed by the applicable goals and policies of the Pittsburg General Plan and the Pittsburg Municipal Code (PMC); WHEREAS, amendments to the General Plan and zoning ordinance are subject to the California Environmental Quality Act (CEQA; Public Resources Code section 21080). An initial study analyzing the potential environmental impacts of the development was prepared, as directed by the Planning Commission and in accordance with the Guidelines for implementation of the California Environmental Quality Act (CEQA Guidelines). Based on the analysis in that study, the Planning Manager determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a Notice of Intent to Consider Adoption of a Mitigated Negative Declaration (MND) was prepared and distributed to the public on June 24, 2013, for a 30-day review, in accordance with the CEQA Guidelines; WHEREAS, California Government Code section 65354 and Pittsburg Municipal Code (PMC) subsection 18.10.020.A identify the Planning Commission as the advisory body to the City Council on amendments to the general plan. Government Code section 65353(a) requires that the Commission conduct at least one public hearing prior to making its recommendation on a proposed general plan amendment; WHEREAS, on August 27, 2013, after holding a duly noticed public hearing, the Planning Commission directed staff to draft and execute Resolution No. 9954, making the necessary findings and recommending approval of the proposed amendment to the Zoning Map from CS-O District to RM District to allow for the development of a small-lot single family development on the parcel; WHEREAS, Government Code section 65355 requires that the City Council conduct at least one public hearing prior to acting on a proposed general plan amendment; WHEREAS, on or prior to September 6, 2013, notice of the September 16, 2013, public hearing to consider this application was posted at City Hall; was delivered to the Pittsburg Library; was posted on the Citys website; was published in the East County Times; and, was mailed via first class mail or email to the applicant, the property owner, owners of property within 300 feet of the subject site, service agencies who may be affected by the proposed rezoning, and interested parties and individuals and
organizations that requested such notice, in accordance with PMC section 18.14.010 and Government Code section 65090; and, WHEREAS, on September 16, 2013, the City Council a public hearing on General Plan Amendment and Rezoning Application No. 11-810, at which time oral and/or written testimony was considered. Section 1. Findings.
Based on the Staff Report entitled, Consideration of a City Council Resolution Adopting a Mitigated Negative Declaration and Amending the General Plan, and Introduction of an Ordinance Rezoning a 4.4-Acre Parcel on Carion Court from Commercial to Residential to Allow for Development of a Single Family Subdivision, Sunnyside Estates (AP-11-810), dated September 16, 2013, and based on all the information contained in the Planning Department files on the project, incorporated herein by reference and available for review in the Planning Department located at 65 Civic Avenue in Pittsburg, in the custody of the Planning Manager, and based on all written and oral testimony presented at the meeting, the Council finds that: A. B. All recitals above are true and correct and are incorporated herein by reference. The Initial Study and draft Mitigated Negative Declaration prepared for this project were prepared in compliance with Public Resources Code section 21000 et seq (CEQA), and that the Council has independently reviewed and considered the information contained therein prior to making its recommendation. The proposed General Plan amendment from Business Commercial to Medium Density Residential to support a small lot single family development is in the public interest in that this site is a vacant, undeveloped and underutilized parcel. Development of the infill site with small lot single family homes that is adjacent to the new Martin Luther King Jr. Junior High School (Junior High School), commercial services, a major transportation corridor and utilities will increase the housing stock and provide a housing option for first time homebuyers. The amendment places residential uses in close proximity to potential jobs, increasing the possibility for Pittsburg workers to live close to where they work, and potentially reducing vehicle miles traveled and related emissions which is consistent with Senate Bill 375 (SB 375). Further, the proposed project will promote economic development and will prevent blight on this vacant underutilized parcel at a time when there is no demand for commercial or industrial development on this site. The General Plan will remain internally consistent with the amendment in that there are General Plan policies encouraging infill development that are served by existing public utilities; and, in that the proposed amendment affects a small, 4.4-acre portion of the Business Commercial land use area north of Highway 4 while a larger Business Commercial area lies south of Highway 4 between Railroad Avenue and Loveridge Road. Amending the land use designation of this transition site preserves the integrity of the Business Commercial areas to the north, east and south of the subject site, while providing an effective transition to the new Junior High School just to the west of the subject site, and long established residential neighborhoods to the west and north of the Junior High School. The proposed site is not located
3 September 16, 2013
C.
D.
Resolution No. 13-
along Highway 4, or arterials such as Loveridge Road or California Avenue. Rather, it is at the end of Carion Court, a smaller local street and will not interfere with continued use of the Highway and Loveridge Road for higher intensity business and light industrial traffic. Section 2. Adoption of a Mitigated Negative Declaration
Based on the findings and the authority set forth above, the City Council hereby adopts the attached Mitigated Negative Declaration and Mitigation Monitoring Program for Sunnyside Estates, shown as Exhibit A. Section 3. Approval of General Plan Amendment
Based on the findings set forth in section 1 above, the Council hereby amends: 1. General Plan Figure 2-2 (Land Use Diagram) to change the land use designation of the 4.4 acre parcel located at the northeastern corner at Carion Court (APN 073190-033) and depicted in Exhibit A to this resolution from Business Commercial to Medium Density Residential. General Plan Figure 2-4c (Loveridge Subarea Diagram) to change the land use designation of the 4.4 acre parcel located at the northeastern corner at Carion Court (APN 073-190-033) and depicted in Exhibit A to this resolution from Business Commercial to Medium Density Residential. Amendments to related tables, text and other figures in the Land Use Element of the General Plan as necessary in order to reflect the recommended revision described in Sections 3.1 and 3.2 above. Effective Date of Amendment
2.
3.
Section 4.
The General Plan amendments adopted by this resolution shall become effective on the effective date of the applicable ordinance amending the zoning on the 4.4 acre parcel from CS-O District to RM District. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the (day) day of (month), 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
________________________________ Nancy L. Parent, Mayor

ATTEST: ______________________________ Alice E. Evenson, City Clerk
Resolution No. 13-
September 16, 2013
City of Pittsburg
Engineering Department 65 Civic Avenue Pittsburg, CA 94565-3814
CITY OF PITTSBURG MITIGATED NEGATIVE DECLARATION

SUNNYSIDE ESTATES (GP, RZ, SUB) AP-11-810
Adopted by the Pittsburg City Council on: ______________
Notice is hereby given that the City of Pittsburg finds that no significant effect on the environment, as prescribed by the California Environmental Quality Act of 1970 (CEQA), as amended, will occur for the following proposed project: Project Proponent: Jackie Seeno, Discovery Builders, 4061 Port Chicago Highway, Suite H, Concord, CA 94520 Project Description: The proposed project consists of a request for a General Plan amendment from Business Commercial to Medium Density Residential, re-zoning from CS-O (Service Commercial with an Overlay, Ord. 1284) District to RM (Medium Density Residential) District and a request for approval of a vesting tentative map to accommodate a new small lot, single family residential development. The proposed tentative map would subdivide the 4.4-acre site into 33 single-family lots. Project Location: The subject site is located at the northeastern terminus of Carion Court, just north of Loveridge Road in Pittsburg, Contra Costa County. Assessor Parcel No. 073190-033. Findings: The project described above will not have a significant effect on the environment for the reasons stated below. Statement of Reasons to Support the Findings: Potentially Significant Impacts: The Initial Study prepared for the project identified potentially significant, project-related impacts in the categories of Air Quality, Noise, Transportation/Traffic, Utilities/Service Systems and Mandatory Findings of Significance. However, no significant effects upon the environment would occur as a result of this project because mitigation measures identified in the Initial Study would be incorporated as conditions of approval of the project, if approved, in order to reduce the potentially significant impacts of the project to a less than significant level.
Other: Impacts resulting from this project were found to be less than significant in the areas of Aesthetics, Agriculture and Forest Resources, Biological Resources, Cultural Resources, Geology/Soils, Greenhouse Gases, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use/Planning, Mineral Resources, Population/Housing, Public Services, and Recreation. Attachments: Mitigation Monitoring Plan and Initial Study
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SUNNYSIDEESTATESGENERALPLANAMENDMENT,REZONINGANDSUBD9288 MitigationandMonitoringPlan(CEQA)
Impact
AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: d) Expose sensitive receptors to substantial pollutant concentrations? Air Quality Impact 1: On-site construction activities created by construction of the Sunnyside Estates project would release varying levels and sizes of fugitive dust which could result in a significant environmental impact and could result in a net increase of PM, a criteria pollutant for which the project region is non-attainment under applicable federal or state ambient air quality standards. Incorporation of Basic Construction Mitigation Measures Recommended for all Proposed Project as described in Table 8-2 of the BAAQMD CEQA Air Quality Guidelines would reduce the project construction emissions to a level of less than significant.
Mitigation
Monitoring
Air Quality Mitigation Measure 1: The project shall comply with the following (Bay Area Air Quality Management District) BAAQMD basic construction mitigation measures: A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. D. All vehicle speeds on unpaved roads shall be limited to 15 mph. Page1of6
Air Quality Monitoring Measure 1: Engineering/Building permit application plans shall have the BAAQMD basic construction mitigation measures listed in AQ MM1 printed on the cover sheet of engineering/building permit plans prior to issuance of permits for the project. The construction site shall be inspected and monitored on a regular basis by Engineering staff to ensure compliance with the printed specifications throughout the course of project construction.
E. Building pads shall be laid immediately after grading unless seeding or soil binders are used. F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage informing workers of this provision shall be provided for construction workers at all access points. G. All construction equipment shall be maintained and properly tuned in accordance with manufacturers specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation. H. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air Districts phone number shall also be visible to ensure compliance with applicable regulations.
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Air Quality Impact 2: State Route 4, a source of TAC emissions located within 500 feet of the project site was identified as potentially resulting in a lifetime cancer risk of 14.7 in one million to the sensitive receptors that would be housed within the proposed project, exceeding the BAAQMDs cancer risk significance threshold of 10 in one million and posing a significant health risk impact from a nearby source of TAC. Air Quality Mitigation Measure 2: High efficiency panel filters shall be installed in the HVAC systems in all of the residential units located within the proposed subdivision. Specifically, ASHRE Standard 52.2-certified air filters with a Minimum Efficiency Reporting Value (MERV) of 13 shall be installed to capture a significant portion of the diesel particulate matter thus minimizing the concentration of particulate matter and other air contaminants from inside the building. The developer shall also provide documentation to all buyers on the necessity for proper maintenance in changing the filters in accordance with manufacturers recommendations. Installation and regular maintenance of these filtration systems will reduce the maximum cancer risk to approximately 7.4 in one million which is below the significance threshold of 10 in one million. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Noise Impact 1: Long and short-term noise measurements taken at various locations around the proposed project site Noise Mitigation Measure 1: The good neighbor fence along the western property line (along Carion Court) and on the northern property line from lot five westward to Carion Court shall be a minimum of six feet tall, rising in height to eight feet tall along lots 6 through 10. The fence along the northern and western property boundaries should be airtight Page3of6 Noise Monitoring Measure 1: Engineering and Building permit applications shall include fence details such as height, materials and base fill materials to ensure compliance with Noise MM 1. Planning staff shall ensure that the details are included on the permit plans prior to the issuance of Engineering/Building Permits, as Air Quality Monitoring Measure 2: Prior to issuance of a building permit for the first house in the development, the developer shall submit detailed architectural plans for the houses. The architectural plans shall include specifications for the installation of the high efficiency HVAC systems/panel filters described in AQ MM 2, and those specified HVAC systems/filters shall be built in all houses within the subdivision. The developer shall provide documentation on maintenance of the units to all homebuyers, and the developer shall provide a copy of that documentation to the Planning and Building Departments to keep on file.
indicate that exterior noise levels would reach and exceed the conditionally acceptable range of 65 dBA CNEL for new construction of single family residential development, resulting in a potentially significant impact. construction with a minimum surface weight of three pounds per square foot, and should be sealed at the base by backfilling dirt or drain rock against the base of the barrier. At the southern boundary of the project site, the fence should continue south along the property line of Lot 20 and extend to the proposed emergency vehicle access. applicable.
Noise Impact 2: Long and short-term noise measurements taken at various locations around the proposed project site indicate that interior noise levels could exceed the Citys established 45 dBA threshold for interior noise levels on the second stories of all homes located on lots along the north, south, east and western property boundaries resulting in a potentially significant impact.
Noise Mitigation Measure 2: All units developed as part of this project shall be provided with heating and air conditioning so that windows may be kept closed at the discretion of occupants (see also AQ MM 2 above). In addition, the walls and windows for second story elements shall be designed to provide at least 33 dBA of noise reduction for Lots 8 and 9, and at least at least 30 dBA of noise reduction for second stories of buildings on lots along the north, east, south and western property boundaries (lots 24 through 33 are excluded from this mitigation measure). Reductions shall be achieved with standard wall construction and windows and doors with Sound Transmission Class (STC) ratings in the 30-35 STC range, and shall be applied to all rear and side elevations of all homes on the all lots, excluding lots 24 through 33. Installation of these building elements will Page4of6
Noise Monitoring Measure 2: Prior to issuance of a Building Permit for construction of the first house, plans shall be reviewed for indication of installation of appropriate HVAC systems (see AQ Monitoring Measure 2 above). Additionally, prior to issuance of a Building Permit for construction of the first house, the developer shall submit to the City architectural plans for the houses to be built in the subdivision. The architectural plans shall incorporate the wall and window details and specifications that comply with the requirements set forth in Noise MM 2 for specified lots. Planning staff shall ensure that the details are included in the architectural plans, prior to the issuance of the Building Permits for the applicable housing units.
reduce interior noise levels on second stories of homes to less than 45 dBA thereby reducing interior noise impacts to a level of less than significant. TRANSPORTATION/TRAFFIC - Would the project: d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Traffic Impact 1: The lack of adequate pedestrian facilities between the proposed subdivision driveway and the Martin Luther King Jr. Junior High School could result in hazardous conditions for pedestrians, particular school children, crossing Carion Court from the new subdivision.
UTILITIES AND SERVICE SYSTEMS Would the project:

b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
Traffic Mitigation Measure 1: To mitigate the potential hazards related to pedestrian crossing and in accordance with recommendations set forth in the Safe Routes to Schools, a high visibility crosswalk and overhead pedestrian crossing sign with flashing beacons that shall be pedestrian-activated by an automatic detector or push button shall be installed at the intersection of the driveway to the proposed subdivision and Carion Court. Installation of the improvements will provide increased visibility for school children and others crossing Carion Court and will reduce the impacts to a level of less than significant by increasing driver awareness of pedestrians using the midblock crossing. Utilities and Service Systems Mitigation Measure 1: The applicant shall pay for the Citys Consultant (MWH) to prepare a model run/study analyzing the capacity of the downstream collection facilities and Page5of6
Traffic Monitoring Measure 1: Improvement Plans shall include details related to the pedestrian crossing sign described in Traffic MM 1. Improvement Plans shall be reviewed and approved by the Traffic Engineer prior to issuance of engineering permits. The pedestrian crossing equipment shall be installed and be operational prior to occupancy of the first house in the subdivision.
Utilities and Service Systems Monitoring Measure 1: Prior to the issuance of the first Engineering or Grading Permit for the project, the developer shall submit payment for the
Utilities and Service Systems Impact 1: The proposed General Plan amendment and rezoning request from Business Commercial and CS-O District to Medium Density Residential and RMD District, respectively, and the resultant development of a 33-unit single family residential subdivision, could result in higher flows of wastewater from the project site than was anticipated in the City of Pittsburg Wastewater Master Plan, Amendment 2 and could impact downstream facilities. shall increase the pipe size(s) if required to accommodate the increased flows.The study shall be submitted to and approved by the City of Pittsburg Engineering Department all upgrades and utility improvements shall be included on the Improvements Plans for the project, and shall be built by the developer prior to occupancy of the first house in the project. Citys consultant to prepare a model run/study analyzing the capacity of the downstream collection facilities with the proposed project. If it is determined through that model run that the downstream collection systems are inadequate due to the proposed project, the developer shall increase the pipe size(s) required to accommodate the increased flows. All upgrades and utility improvements shall be included on the Improvement Plans for the project and shall be reviewed and approved by City Engineering and Water Department staff prior to the issuance of the first Engineering Permit or Grading Permit for the project. All improvements shall be constructed prior to occupancy of the first house in the project.
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LEAD AGENCY: CITY OF PITTSBURG Civic Center, 65 Civic Avenue Pittsburg, CA 94565 Telephone: (925) 252-4920 FAX: (925) 252-4814
CEQA INITIAL STUDY CHECKLIST

1. 2. 3. 4. Project title: Sunnyside Estates; AP-11-810 (General Plan Amendment, Rezoning and Vesting Tentative Map) Lead agency name and address: City of Pittsburg, 65 Civic Avenue, Pittsburg, CA 94565 Contact person and phone number: Leigha Schmidt, Associate Planner, 925-252-4920 Project location: The subject site is located at the northeastern terminus of Carion Court, just north of Loveridge Road in Pittsburg, Contra Costa County. Assessor Parcel No. 073-190033. Project sponsor's name and address: Jackie Seeno, Discovery Builders, 4061 Port Chicago Highway, Suite H, Concord, CA 94520 General plan designation: Business Commercial 6. Zoning: Service Commercial with an Overlay (Ordinance No. 1284)
5.
6.
7.
Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.) The proposed project consists of a request for a General Plan amendment from Business Commercial to Medium Density Residential, re-zoning from CS-O (Service Commercial with an Overlay, Ord. 1284) District to RM (Medium Density Residential) District and a request for approval of a vesting tentative map to accommodate a new small lot, single family residential development. The project site is a 4.4-acre vacant parcel located on the east side of Carion Court, approximately 500 feet north of California Avenue, approximately 500 feet west of the State Route 4 westbound on-ramp, and approximately one-quarter mile west of the Loveridge Road/California Avenue/State Route 4 intersection. The roughly rectangular site measures approximately 460 feet on the north, approximately 495 feet on the south, approximately 307 feet on the west and approximately 417 feet on the east. The site appears generally flat, but there is an approximate four-foot grade differential sloping from the south up to the north with a retaining wall along the northern property line. The site is vacant except for an existing 27foot wide paved access easement/driveway that runs along the southern boundary of the site to provide access from Carion Court to the Loveridge Commercial Center, located east of the project site.
CEQA Initial Study Checklist Sunnyside Estates June 24, 2013
The proposed tentative map would subdivide the 4.4-acre site into 33 single-family lots. The subdivision would have an overall residential density of 7.5 units per gross acre with lots ranging in size from 2,874 square feet (lot 10) to 5,394 square feet (lot 1). In addition to the single family lots, the subdivision would include three additional parcels labeled A, B and C that would be divided into an AC paving/access area (0.27 acres), a tot lot (0.11 acres), and the existing access easement along the southern boundary (0.73 acres), respectively. The development would be accessed from a single, approximately 42-foot wide entrance driveway from Carion Court connected to a 42-foot wide circular roadway composed of two ten foot travel lanes, eight foot parking lanes on both sides of the street, and a five foot sidewalk on one side of the street. The development would include several small remainder parcels between the single family lots to accommodate circulation and utility easements, and a 20-foot wide emergency vehicle access at the southwestern corner of the subdivision. Maintenance for the private roadways would be provided by a homeowners association. Other site improvements include construction of a six foot tall masonry wall along the rear property lines of the eastern and southern single family lots. The existing six foot tall masonry wall existing along the northern property line would remain in place and there would be an approximately 10-foot wide gap to accommodate utility easements between the rear yard wall and the retaining wall on the northern property line; the 10 foot wide parcel would be accessed by gates on the east and west sides. An existing six foot tall wrought iron fence along the western property line would be removed and replaced with a good neighbor fence. Utilities to serve the development would be connected to existing utilities that run along Carion Court and at the eastern site boundary, with new utilities located under the proposed street system. Swales for C.3 purposes would be located just behind the right-of-way along the front property lines of the single family lots. 8. Surrounding land uses and setting (briefly describe the project's surroundings): Surrounding land uses include vacant land and heavy and light industrial uses to the north and east (Praxair, Quad Graphics, G&K Services, Loveridge Center light industrial multitenant building, and Public Storage); commercial uses to the south (Hampton Inn & Suites, Jack and the Box, the Chevron gas station/convenience store, a commercial multi-tenant building); and, the recently constructed Martin Luther King Jr. Junior High School to the west. 10. Discretionary approval authority and other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.) Necessary project action and approvals are anticipated to include consideration of the following by the City Council and/or Planning Commission: General Plan amendment from Business Commercial to Medium Density Residential Rezoning from CS-O District to RM District Approval of a Vesting Tentative Map (Subdivision No. 9288)
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Design Review approval Development Agreement
ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project. Check marks are indicated by the following symbol:
; ; ; ;
Air Quality
Aesthetics
Agriculture and Forest Resources Cultural Resources Hazards and Hazardous Materials Mineral Resources Public Services Utilities/Service Systems
Biological Resources Greenhouse Gas Emissions Land Use/Planning Population/Housing Transportation/Traffic
Geology/Soils Hydrology and Water Quality Noise Recreation Mandatory Findings of Significance
Page 3 of 58
Potentially Significant Impact
Less Than Significant with Mitigation Incorporated
Less Than Significant Impact
No Impact
I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? The General Plan identifies the Southern Hills as one of the identifying features of Pittsburg and notes that views of the hills are important to the visual quality of the community (City of Pittsburg General Plan, Figures 4-1 and 4-2). The proposed project site is not identified in the Viewshed Analysis as having any importance as a scenic vista or as the site from which to view a scenic vista; and would therefore have no impact related to adverse effects on a scenic vista. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
There are no rock outcroppings and no historic buildings in the vicinity of the project site (Site Visit, East Contra Costa Habitat Conservation Plan, Figure 3-3 and City of Pittsburg General Plan, Figure 9-3). In addition, according to the California Department of Transportation, State Route 4 is not considered a state scenic highway in the vicinity of the project site (California Scenic Highway Mapping System, www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm, accessed April 30, 2013). c) Substantially degrade the existing visual character or quality of the site and its surroundings? The proposed project would be surrounded by existing development including the recently constructed Martin Luther King Jr. Junior High School to the west, the four-story tall Hampton Inn and Suites Hotel and Loveridge Commercial Center to the north and large scale industrial uses to the south and east (Site Visit, and Google Earth). The proposed project would consist of 33 one and two story single family homes and site improvements on a currently vacant and unimproved lot. Development of the currently vacant and unimproved land would not substantially degrade but would modify the existing visual character of the site and its surroundings and signal increased investment in the area.
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No Impact
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? The proposed project would involve development of 33 single family homes and site improvements on a currently vacant lot resulting in the introduction of new on-site lighting. However, the potential for spillover lighting from the proposed residential neighborhood into nearby commercial, industrial and public/institutional uses would likely not have a significant adverse impact on those uses because those uses typically operate during the day (Staff Determination). Furthermore, Pittsburg Municipal Code (PMC) Section 18.82.030 (G) contains performance standards requiring that all security lighting such as that which might be placed outside of single family homes be indirect or diffuse and shielded or directed away from residences. Compliance with the municipal code would reduce any potential impacts related to spillover lighting to a level of less than significant. II. AGRICULTURE AND FOREST RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the states inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and the
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No Impact
forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to nonagricultural use? The proposed site is urban infill with development on all sides (Site Visit and Google Earth). There are no agricultural or farmlands on or in the vicinity of the project site (East Contra Costa County Habitat Conservation Plan, Figure 2-1 and City of Pittsburg General Plan, Figure 2-2). b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
See IIa above. There are no properties with Williamson Act contracts on or in the vicinity of the project site (City of Pittsburg General Plan, 9-4).
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)) or timerland (as defined in Public Resources Code section 4526)?
See IIa above. There is no land identified as forest or timberland on or in the vicinity of the project site (City of Pittsburg General Plan, Figure 2-2); therefore, changes to the physical environment associated with the proposed project would have no impact related to those land uses.
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No Impact
d) Result in the loss of forest land or conversion of forest land to non-forest use? See IIa and IIc above. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
See IIa above. There is no land set aside for agricultural uses on or in the vicinity of the proposed project site; therefore, changes to the physical environment associated with the proposed project would not result in a conversion of farmland to a non-agricultural use (General Plan, Figure 2-2).
III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan?
The Bay Area Air Quality Management District (BAAQMD) is charged with developing regional air quality management plans for the Bay Area. Air quality management plans are based on air emissions inventories that are in turn based on data for existing and foreseeable future land uses from local general plans. The most recent plan adopted by the BAAQMD is the 2010 Clean Air Plan (CAP) and is based on assumptions and forecasts contained in the Metropolitan Transportation Commission (MTC) Regional Transportation Plan 2030 (RTP
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No Impact
2030) for traffic growth and on population growth projections found in the Association of Bay Area Government (ABAG) growth projections. The proposed project contains a requested General Plan amendment and rezoning from commercial to residential uses to allow for the development of a small-lot single family neighborhood consisting of 33 new single family homes. Because the proposed project involves a land use change, it was not considered, as it is proposed, in MTCs RTP 2030 or ABAGs projections on which the RTP is based, and would therefore not be reflected in BAAQMDs 2010 CAP. Despite the fact that the BAAQMD 2010 CAP did not account for the proposed land use change and subdivision, it is essential to note that the City of Pittsburg General Plan and zoning ordinance allows residential uses above ground floor office and retail uses (mixed use development) in all commercial land use designations with a density bonus of up to 0.25 FAR over the density permitted in the base district (City of Pittsburg General Plan, 2-19; and PMC section 18.52.010). At full build-out under the General Plan and zoning ordinance, the project site would be permitted to 0.75 FAR (or up to a 143,748 square feet of development) with between 25% and 75% of that square footage devoted to residential uses potentially resulting in between 40 and 108 residential units (assuming 1,000 square foot units) (PMC Table 18.52.115 and Staff Determination). Therefore, if the BAAQMD 2010 CAP was based on the Citys General Plan and zoning, the operational and construction-related emissions associated with the proposed 33-unit single family subdivision on an infill 4.4 acre lot would result in fewer emissions than that which would be permitted under current regulations and the proposed project would result in a less than significant impact related to the conflicts with or obstruction of the BAAQMD 2010 CAP. See also Section III.b below.
b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation?
On June 2, 2010, the BAAQMDs Board of Directors unanimously adopted thresholds of significance to assist local jurisdictions during the review of projects that are subject to CEQA. These thresholds of significance were designed to establish the level at which the BAAQMD believed air pollution emissions would cause significant environmental impacts under CEQA. On March 5, 2012, the Alameda County Superior Court issued a judgment finding that the BAAQMD had failed to comply with CEQA when it adopted the thresholds. The court did not
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determine whether the thresholds were valid on the merits, but found that the adoption of the thresholds was a project under CEQA. The court issued a writ of mandate ordering the BAAQMD to set aside the thresholds and cease dissemination of them until the BAAQMD had complied with CEQA. The BAAQMD has appealed the Alameda County Superior Courts decision. The appeal is currently pending in the Court of Appeal of the State of California, First Appellate District (Bay Area Air Quality Management District Updated CEQA Guidelines, http://www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/UpdatedCEQA-Guidelines.aspx, accessed on May 13, 2013). In view of the courts order, the BAAQMD is no longer recommending that the 2010 significance thresholds be used as a generally applicable measure of a projects significant air quality impacts. Lead agencies must determine appropriate air quality thresholds of significance based on substantial evidence in the record. Given that the courts judgment does not pertain to the scientific soundness of the significance thresholds contained in the BAAQMD 2010 CEQA Guidelines and given that these thresholds are supported by substantial evidence, as provided by the BAAQMD in Appendix D of the Air Quality Guidelines, these thresholds are used in this initial study for the evaluation of air quality impacts of the proposed land use change from commercial to residential use and for the proposed subdivision and subsequent construction of 33 single family homes at the project site (Staff Determination). Section 3, Screening Criteria, provides a conservative indication of whether the proposed project could result in potentially significant air quality impacts and is representative of new development on greenfield sites without any form of mitigation measure taken into consideration (BAAQMD 2010 CEQA Air Quality Guidelines, 3-1). If the Screening Criteria are met by a proposed project, then it is not necessary to perform a detailed air quality assessment of the proposed projects air pollutant emissions. According to Table 3-1, Operational-Related Criteria Air Pollutant and Precursor Screening Level Sizes, the proposed project to construct up to 33 single family homes would fall well under the operational screening criteria for nitrogen oxide (NOX, up to 325 single family residential dwelling units) and greenhouse gases (GHG, up to 56 single family residential dwelling units) and for the construction related screening size for reactive organic gases (ROG, up to 114 single family residential dwelling units). The Screening Criteria does not provide a level at which particulate matter (PM2.5 and PM10) can be released at less than significant levels. Because the region is in non-attainment for PM 2.5 and PM10 at the state and federal levels, construction-related activity could result in a significant impact therefore any measures available to reduce construction related emissions
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should be incorporated into the project (Bay Area Air Quality Management District, Air Quality Standards and Attainment Status, http://hank.baaqmd.gov/pln/air_quality/ambient_air_quality.htm, accessed on May 13, 2013). Air Quality Impact 1: On-site construction activities created by construction of the Sunnyside Estates project would release varying levels and sizes of fugitive dust which could result in a significant environmental impact and could result in a net increase of PM, a criteria pollutant for which the project region is non-attainment under applicable federal or state ambient air quality standards. Incorporation of Basic Construction Mitigation Measures Recommended for all Proposed Project as described in Table 8-2 of the BAAQMD CEQA Air Quality Guidelines would reduce the project construction emissions to a level of less than significant. Air Quality Mitigation Measure 1: The project shall comply with the following BAAQMD basic construction mitigation measures: A. All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day. B. All haul trucks transporting soil, sand, or other loose material off-site shall be covered. C. All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited. D. All vehicle speeds on unpaved roads shall be limited to 15 mph. E. Building pads shall be laid immediately after grading unless seeding or soil binders are used. F. Idling times shall be minimized either by shutting equipment off when not in use or reducing the maximum idling time to five minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations [CCR]). Clear signage informing workers of this provision shall be provided for construction workers at all access points. G. All construction equipment shall be maintained and properly tuned in accordance with manufacturers specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.
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H. Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air Districts phone number shall also be visible to ensure compliance with applicable regulations. c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is nonattainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)?
The BAAQMD measures several criteria pollutants that are found in the air. Ozone is formed in the atmosphere via chemical reactions of reactive organic gases (ROG) and Nitrogen Dioxide (NO2) in sunlight. Emissions of ROG are generated from combustion engines, such as those used in motor vehicles and construction equipment, and from architectural coatings and the use of solvents and cleaners. Emissions of NO2 are generated principally from combustion engines such as those used in motor vehicles and construction equipment. Particulate Matter (PM) can be divided into several size fractions. PM 10 microns in diameter arise primarily from natural processes, such as wind-blown dust or soil. Fine particles (PM2.5) are less than 2.5 microns in diameter and are produced mostly from combustion or burning activities. Fuel burned in cars and trucks, power plants, factories, fireplaces, and woodstoves produces fine particles. The San Francisco Bay Area Air Basin is in nonattainment of state and federal standards for ozone and Particulate Matter (PM) 2.5, and in nonattainment of the state standard for PM10 (Bay Area Air Quality Management District, Air Quality Standards and Attainment Status, http://hank.baaqmd.gov/pln/air_quality/ambient_air_quality.htm, accessed on May 13, 2013). The BAAQMD 2010 CEQA Air Quality Guidelines state that BAAQMD emissions thresholds were developed such that emissions from an individual project that exceed the threshold would result in a cumulatively considerable net increase of that criteria pollutant for which the project region is nonattainment. As noted in III.b above, the proposed project falls under the Screening Criteria set forth in the 2010 BAAQMD CEQA Air Quality Guidelines for criteria pollutant for which the area in in non-attainment, and implementation of AQ MM 1 will reduce
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the emissions of PM to levels of less than significant. Therefore, no further analysis is required and no additional mitigation measures are required beyond the basic construction mitigation measure previously discussed. d) Expose sensitive receptors to substantial pollutant concentrations? A Community Health Risk and Hazards Assessment Report for Sunnnyside Estates was prepared to evaluate whether the estimated toxic air contaminant (TACs) emitted from nearby emissions sources would significant impact sensitive receptors within the proposed project (Michael Brandman Associates, January 2013). Sensitive receptors are defined as facilities (schools, hospitals) or land uses (residential neighborhoods) that include members of the population (children, the elderly, and people with illnesses) that are particularly sensitive to the effects of air pollutants. The BAAQMD recommends identifying all sources of TAC emissions within 1,000 feet of a new source of TAC or a new sensitive receptor; and, has set the health risk and hazards significance threshold at the following: the probability of contracting cancer for the maximally exposed individual (MEI) exceeds 10 in one million, and, ground-level concentrations of non-carcinogenic toxic air contaminants would result in a Hazard Index greater than one for the MEI (Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, 10). The Health Risk and Hazards Assessment Report found multiple stationary source and mobile source emissions within 1,000 feet of the project area. Stationary source emissions sources include Chevron gas station, Praxair, ARB, Inc, and World Color Printing Services in addition to several others just outside the 1,000 foot boundary (Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, Exhibit 4 and Table 2). Mobile emissions sources impacting the project include State Route 4 which is within 500 feet of the project area, three roadways that exceed the 10,000 vehicle per day threshold, and UnionPacific Railroad Company line located 950 feet north of the project site (Community Health Risk and Hazards Assessment Report, 13 through 17). Roadways exceeding the 10,000 vehicle per day threshold include Loveridge Road (17,676 vehicles/day), California Avenue (24,600 vehicles/day, and Pittsburg-Antioch Highway (10,700 vehicles/day) (Community Health Risk and Hazards Assessment Report, 13 and 14). The Report developed estimates of potential health risk impacts using various air dispersion modeling tools based on these source emissions (Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, Table 6). The results of the community health and hazards assessment found that none of the
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permitted stationary sources, nearby roadways or rail line would exceed the BAAQMD threshold for cancer risk; however, the emissions from State Route 4 were calculated at 14.7 in one million cancer risk, exceeding the BAAQMD threshold of 10 in one million cancer risk over two-thirds of the project site (Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, Table 9 and 20). Air Quality Impact 2: State Route 4, a source of TAC emissions located within 500 feet of the project site was identified as potentially resulting in a lifetime cancer risk of 14.7 in one million to the sensitive receptors that would be housed within the proposed project, exceeding the BAAQMDs cancer risk significance threshold of 10 in one million and posing a significant health risk impact from a nearby source of TAC. Air Quality Mitigation Measure 2: High efficiency panel filters shall be installed in the HVAC systems in all of the residential units located within the proposed subdivision. Specifically, ASHRE Standard 52.2-certified air filters with a Minimum Efficiency Reporting Value (MERV) of 13 shall be installed to capture a significant portion of the diesel particulate matter thus minimizing the concentration of particulate matter and other air contaminants from inside the building. The developer shall also provide documentation to all buyers on the necessity for proper maintenance in changing the filters in accordance with manufacturers recommendations. Installation and regular maintenance of these filtration systems will reduce the maximum cancer risk to approximately 7.4 in one million which is below the significance threshold of 10 in one million (Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, 23). e) Create objectionable odors affecting a substantial number of people?
Land uses primarily associated with odorous emissions include waste transfer and recycling stations, wastewater treatment plants, landfills, composting operations, petroleum operations, food and byproduct processes, factories, and agricultural activities, such as livestock operations. The proposed project does not include any of these types of land uses (Sunnyside Estates Vesting Tentative Map and Preliminary Grading Plan, March 2012). The residential land use associated with the proposed project is not expected to be a source of persistent odors. Construction of the project is temporary and is not expected to cause an odor nuisance. Refuse associated with operation of the proposed project would be disposed
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of in accordance with applicable regulations. Further, PMC section 18.82.045 prohibits any activity or process from producing an unreasonable, disturbing or unnecessary emission of odors beyond the property lines of the site on which it is located, therefore, no additional project specific mitigation is necessary.
IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service?
The proposed 4.4-acre in-fill site is surrounded by development on the east (commercial/light industrial), west (school), south (commercial) and northeast sides (industrial). Northwest of the project site and separated by a driveway is a vacant lot through which the Kirker Creek watershed runs partially through a culvert and which is identified in the General Plan as a seasonal wetland that could potentially support candidate, sensitive, or special status species (Google Earth, City of Pittsburg General Plan Figure 9-1 and Table 9-1). Despite its proximity to a site that could support species, the project site is identified as Developed/Landscaped in the adopted East Contra Costa County Habitat Conservation Plan (ECCHCP) and is envisioned as part of the future urban area (Figure 3-3). A field inspection conducted by Planning staff resulted in no visual evidence of riparian habitat, sensitive natural community or wetland on-site; therefore, it is unlikely that the infill project site would support any species identified as a candidate, sensitive, or special status, and the proposed project would have a less than significant impact in this area. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and
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Game or US Fish and Wildlife Service?
There are no water features on the site which is designated Developed/Landscaped in the General Plan; therefore, no riparian habitat or sensitive natural community has been identified in the area (City of Pittsburg General Plan, Figure 9-1 and Table 9-1). Further, the ECCHCP defines the area as part of the urban development area with no suitable land cover to support a riparian habitat or other sensitive natural community (Figures 3-3 and 9-1). Therefore, the project would have no impact related to riparian habitat or sensitive natural community. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? There are no water features on the project site, which is designated Developed/Landscaped in the General Plan (Figure 9-1, and Site Visit). Therefore, the project would have no impact on federally protected wetlands as a result of the proposed development (Contra Costa County Watershed Atlas, page 101). d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? See IV.a above. The project site is surrounded on almost all sides by urban development (Google Earth, and Site Visit). There is potential that some species could access the site from the currently vacant seasonal wetland site located northwest of the project site (City of Pittsburg General Plan, Figure 9-1); however, the project site would not serve as a wildlife corridor and development of the site would not impede access to native wildlife nursery sites because does not connect to any other vacant sites that are identified in the General Plan or in the ECCHCP as appropriate for species habitat (ECCHCP, Figure 3-3; and Google Earth). Therefore, the proposed project would have a less than significant impact related to the
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movement of any native resident or migratory fish or wildlife species. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance?
The City of Pittsburg does not have a tree preservation policy or ordinance (General Plan, Chapter 9), and there are no trees existing on the site that would be removed as a result of the project (Site Visit). Further, the proposed project would have no impact related to the adopted ECCHCP because the project site is identified as Developed/Landscaped (Figure 91). Therefore, the project would have no impact. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? See IV.e above. V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? The project site is currently vacant with no extant buildings, structures or foundations; therefore, the proposed project will have no impact related to historic resources (Site Visit). b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5?
The proposed project site is flat and has been extensively graded and is not within a mile of
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any of the five recorded archeological resource sites identified in the City of Pittsburg (Google Earth; Site Visit; and, Pittsburg General Plan Update: Existing Conditions and Planning Issues, 178 and Figure 8-2). Although there are no known or recorded archeological resources in the project area, the Pittsburg General Plan Update: Existing Conditions and Planning Issues Report identifies the entire Planning Area extending from the shoreline to State Route 4 as a potentially archeologically sensitive area (Pittsburg General Plan Update: Existing Conditions and Planning Issues, 179 and Figure 8-2). In the unlikely event that archeological resources are found, the Pittsburg General Plan contains policies to halt construction immediately, conduct an archeological investigation and to retain a professional archeologist to develop a resource mitigation plan and monitoring program (General Plan, Policy No. 9-P-40 and 9-P-41). These policies are supported by federal regulations set forth in Title 36 of the Code of Federal Regulations, Part 800.6 (c)(6). In accordance with Federal Law, if archeological resources were found on-site during construction, work would be halted immediately, a State Historic Preservation Officer (SHPO) be would be consulted, and implementing actions would be incorporated into the project based upon the comments of the SHPO. With these policies and regulations in place, the potential impacts associated with project would be less than significant and no additional project specific mitigation is necessary. c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
As noted in V.b above, there are no known or recorded paleontological or unique geologic resources in the vicinity of the project site making it highly unlikely that development of the site would result in the discovery of paleontological or unique geologic features (City of Pittsburg General Plan, Chapter 9). However, as noted above, in the unlikely event that paleontological or unique geologic resources are uncovered on-site federal law and City policy contain provisions to halt construction immediately, conduct an archeological investigation and to retain a professional archeologist to develop a resource mitigation plan and monitoring program in the event that archeological resources are uncovered (City of Pittsburg General Plan, Policy No. 9-P-40 and 9-P-41 and Title 36 of the Code of Federal Regulations, Part 800.6 (c)(6)). Therefore, no project specific mitigation is necessary.
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d) Disturb any human remains, including those interred outside of formal cemeteries?
As noted in sections V.b and c above, there are no known or recorded archeological sites in the vicinity of the project site, and the site is flat and has been previously disturbed (Pittsburg General Plan, Chapter 9; Google Earth; and, Site Visit). In the unlikely event that human remains including those interred outside of formal cemeteries are uncovered on-site, federal law and city policy include provisions to halt construction immediately, conduct an archeological investigation and to retain a professional archeologist to develop a resource mitigation plan and monitoring program in the event that archeological resources are uncovered (City of Pittsburg General Plan, Policy No. 9-P-40 and 9-P-41 and Title 36 of the Code of Federal Regulations, Part 800.6 (c)(6)). The project would also comply with state law (California Health and Safety Code Section 7505.5 and Public Resources Code Section 5097.98) to cease construction activities immediately and halt all activity until the County Coroner determines the origin and disposition of the remains and appropriate consultation and treatment are conducted. With these policies and regulations in place, the potential impacts associated with project would be less than significant and no additional project specific mitigation measures are warranted. VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent AlquistPriolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? There are no Alquist-Priolo Earthquake Fault Zones located in the City of Pittsburg; however the project site is located within a seismically active region. See VI.a.ii below for further
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discussion on this topic in general (California Department of Conservation, California Geological Survey, Alquist-Priolo Earthquake Fault Zones, http://www.consrv.ca.gov/cgs/rghm/ap/affected.htm, accessed on May 1, 2013). Therefore, potential impacts associated with the proposed development would be less than significant. ii) Strong seismic ground shaking?
As noted above, the project site is located within a seismically active region. The nearest active faults are the Clayton-Greenville fault and the Concord-Green Valley fault, located approximately three and six miles from Pittsburg city limits, respectively (City of Pittsburg General Plan, Figure 10-2 and Table 10-1). While there are no known faults passing through the site, an earthquake of moderate to high magnitude generated within the San Francisco Bay Region could cause considerable ground shaking within Pittsburg (California Department of Conservation, Earthquake Shaking Potential Map, http://www.consrv.ca.gov/cgs/rghm/psha/Pages/index.aspx, accessed May 1, 2013). A Preliminary Soil Report was prepared for the Loveridge Business Park development, a portion of which was to be located on the subject site, finding the site appropriate for a development of a light industrial business park (Preliminary Soil Exploration for Loveridge Business Park, Engeo Incorporated, 1984). In February 2012, a supplemental Geotechnical Report was prepared for the proposed project, and found that the site would be appropriate for the proposed development if the recommendations within the supplemental report were followed (Supplemental Geotechnical Recommendations for Sunnyside Estates Residential Development, TRC Solutions, 2012). The standard design recommendations would be submitted to and reviewed by the City of Pittsburg Engineering Division in the Soils Report as part of the standard engineering submittals and review. In addition to following all required recommendations for site preparation, the proposed structures would comply with all current Uniform Building Code (UBC) requirements intended to provide a sufficient level of seismic safety to reduce these hazards to less than significant. With these requirements, regulations and procedures are in place, no additional project specific mitigation is deemed necessary. iii) Seismic-related ground failure, including liquefaction?
According to the General Plan, alluvial fan and terrace deposits that underlie most of Pittsburg have a low liquefaction potential and the project site is not near the lowland areas adjacent to
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Suisun Bay that are highly susceptible to liquefaction (City of Pittsburg General Plan, 10-9, and Figure 10-1). As noted above, a supplemental soil study was prepared for the site where the engineering firm found that the site consisted of silty to sandy clay and clayey silt extending to depths of 25 feet with the plasticity index values indicating moderate plasticity and expansion potential (Supplemental Geotechnical Recommendations for Sunnyside Estates Residential Development, TRC Solutions, 2012, 1). Submittal of a soil study and compliance with the findings contained therein is required pursuant to the PMC Section 15.88, through the standard development review process; therefore, no additional project specific mitigation is necessary. iv) Landslides?
The project site is flat and is not located in an area identified as susceptible to landslides; therefore, it will have no impact related to landslides (City of Pittsburg General Plan, Figure 10-1).
b) Result in substantial soil erosion or the loss of topsoil?
Construction of the proposed project would require limited grading activities, which could subject exposed soils to erosion by water or wind. The disturbance footprint would exceed the one-acre threshold that triggers the National Pollutant Discharge Elimination System (NPDES) requirement to prepare and implement a storm water pollution prevention plan (SWPPP) (PMC section 15.88). In compliance with the NPDES requirements and the Pittsburg Municipal Code, appropriate erosion-control measures would be incorporated into the SWPPP and implemented during site grading and construction. Upon completion of construction, erosion potential would be low because all disturbed areas would be covered by buildings, pavement, and landscaping (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Therefore, the impact related to erosion and sedimentation would be less than significant. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and
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potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? As noted above, the project site is generally flat, surrounded by development, and is not located within a potential liquefaction zone nor on a geologic unit or soil that is unstable (City of Pittsburg General Plan, Figure 10-1). As noted above, a recent supplemental soil study prepared for the project found that the site consisted of silty to sandy clay and clayey silt extending to depths of 25 feet with the plasticity index values indicating moderate plasticity and expansion potential (Supplemental Geotechnical Recommendations for Sunnyside Estates Residential Development, TRC Solutions, February 17, 2012, 1). The supplemental study provides design recommendations to mitigate any potential soils issues at the site. Submittal of a soil study and compliance with the findings contained therein is required pursuant to the PMC Section 15.88, through the standard development review process; therefore, no additional project specific mitigation is necessary. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? See VI.c above. e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
The proposed project would not involve the installation of septic tanks or alternative wastewater disposal systems; therefore, the project would have no impact in this area. VII. GREENHOUSE GAS EMISSIONS Would the project:
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a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
The BAAQMD has developed thresholds of significance and methodologies for assessing greenhouse gas (GHG) emissions impacts in its CEQA Air Quality Guidelines (2010). According to the BAAQMD, the significance thresholds are designed to enable the Bay Area to meet its emissions reduction goals to comply with AB 32, the California Global Warming Solutions Act of 2006. As described in Air Quality Section III.b above, although the BAAQMD CEQA thresholds are effectively set aside pursuant to a legal challenge, the thresholds have been used to evaluate the potential impacts of this project because they are supported by substantial evidence and because they represent the best information available to measure potential impacts related to Air Quality and GHG. The BAAQMD 2010 CEQA Air Quality Guidelines recommend only quantifying and reporting GHG emissions from construction activities, and do not provide significance thresholds. Operational emissions may be compared to an absolute threshold of 1,100 metric tons of carbon dioxide equivalents per year (MTCO2e/yr) or an efficiency standard of 4.6 MTCO2e/SP/year, where SP refers to service persons (residents plus employees) associated with the proposed project. CO2e refers to carbon dioxide equivalents, which standardize the various contributions of different greenhouse gases (e.g., methane, nitrous oxide, and sulfur hexafluoride) to global warming based on their global warming potentials (BAAQMD CEQA Air Quality Guidelines, 2-4). A third option suggested by the BAAQMD, which is compliance with a qualified GHG reduction strategy, was disregarded as there is currently no qualified strategy applicable to the proposed project. As described in Section III.b above, the Air Quality Guidelines contain Screening Criteria (Section 3). If the Screening Criteria are met by a proposed project, then it is not necessary to perform a detailed air quality assessment of the proposed projects air pollutant emissions. According to Table 3-1, Operational-Related Criteria Air Pollutant and Precursor Screening Level Sizes, the proposed project to construct up to 33 single family homes would fall under the operational screening criteria for greenhouse gases (GHG, up to 56 single family residential dwelling units). Following the Guidelines recommendations for quantifying and reporting GHG emissions, the City calculated emissions for the proposed land use change and project using URBEMIS2007 input files and the BAAQMD Greenhouse Gas Model (BGM), which models GHG emissions
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based on the URBEMIS2007 input files. Because the project is small, construction was assumed to occur over the course of one year (2014), with all other assumptions following the default settings provided in the URBEMIS2007 program. The estimated GHG emissions associated with construction of the proposed project total approximately 291.47 tons of CO2 per year; however, these emissions would be reduced by the implementation of AQMM 1, implementation of Basic Construction Mitigation Measures Recommended for all Proposed Project as described in Table 8-2 of the BAAQMD CEQA Air Quality Guidelines. Operational GHG direct and indirect emissions were calculated using BGM using default assumptions. Direct emissions of GHGs emitted from operation of the proposed project would be primarily due to natural gas combustion, hearth (fireplace) emissions, landscaping equipment, and mobile source emissions. Indirect GHG emissions would be generated by electricity demand, water consumption, wastewater treatment, and solid waste generation, all of which are provided as default values found in the BGM. The annual direct and indirect GHG emissions associated with the operation of the proposed project are detailed in Table 1.
Estimates Operational GHG Emissions for Sunnyside Estates

GHG Emission Source Mobile Sources Area Sources Electricity Natural Gas Solid Waste Water and Wastewater Total Annual Emissions Significance Threshold Exceeds Threshold?
Source: City of Pittsburg, 2013.
Emissions (Metric Tons CO2e per year)
352.84 0.43 72.96 86.91 6.4 47.49 567.04 1,100 No
The estimated direct and indirect operational GHG emissions for the proposed project would not exceed the BAAQMD CEQA thresholds established for new developments; therefore, the proposed project would have a less than significant impact on GHG emissions. b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the
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emissions of greenhouse gases?
The BAAQMD GHG significance thresholds were designed to ensure compliance with AB 32, the States GHG reduction legislation. Therefore, if a proposed projects emissions are below the significance threshold, it can be assumed to comply with AB 32 within the BAAQMD jurisdiction. As shown in Section VII.a (Table 1) above, the projects impact would be under the threshold and therefore result in a less than significant impact related to GHG. Therefore, the proposed project would not conflict the BAAQMDs effort to comply with AB 32. VIII. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials?
Although hazardous materials, including fuel, lubricants, and cleaning products, would be used on-site during project construction, compliance with local, state, and federal regulations would minimize risks associated with the routine transport, use, or disposal of hazardous materials during project construction. The operation of the proposed residential subdivision would not involve the routine transport, use, or disposal of hazardous materials (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Impacts with regard to the routine transport, use, or disposal of hazardous materials are expected to be less than significant.
b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
See VIII.a above. The site is currently vacant and does not involve any demolition activities or proposed long-term uses that would create a significant hazard to the public or environment
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through the release of hazardous materials into the environment (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Compliance with local, state, and federal regulations would minimize construction related impacts to a level of less than significant. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
See VIII.a above. The proposed project is located within one-quarter mile of the Martin Luther King Jr. Junior High School (Google Map, and Site Visit). However, the site is currently vacant and does not involve any demolition activities or proposed long-term uses that would create a significant hazard to the public or environment through the release of hazardous materials into the environment (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Compliance with local, state, and federal regulations would minimize construction related impacts to a level of less than significant. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment?
A Phase 1 environmental site assessment was not prepared for the project site; however, no leaking underground storage tanks have been reported at the project site, and the site is not listed on the Spills, Leaks, Investigations, and Clean-up Sites list (Pittsburg General Plan Update: Existing Conditions and Planning Issues, Tables 13-6 and 13-7). In addition, the project site is not included on a list of hazardous materials sites compiled by the California Department of Toxic Substances Control (California Department of Toxic Substances Control Map Locator, www.envirostor.dtsc.ca.gov/public/, accessed on May 2, 2013). It is important to note that the project site is located within 600 feet of Praxair (Union Carbide), which produces oxygen, nitrogen, and argon through reduction of atmospheric air that is
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No Impact
compressed, liquefied and separated on site. Praxair is a small quantity generator operating under the oversight of the Contra Costa County Environmental Health Department, Hazardous Materials Program, and is currently operating without any violations (California Department of Toxic Substances Control Report on Union Carbide, http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=07290042, accessed on May 2, 2013). Despite the close proximity of Praxair and other limited and general industrial uses in the area, the projects site is not listed on databases as being exposed to hazardous materials; therefore, the impact is considered to be less than significant. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
The project site is not located within an airport land use plan nor is it located within two miles of an airport; therefore, it would have no impact (Contra Costa County Airports, http://www.co.contra-costa.ca.us/depart/pw/airport/, accessed on May 2, 2013). f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area?
The project site is not located within an airport land use plan nor is it located within two miles of an airport; therefore, it would have no impact (Contra Costa County Airports, http://www.co.contra-costa.ca.us/depart/pw/airport/, accessed on May 2, 2013). g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
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The City of Pittsburg Emergency Operations Plan (EOP) was last updated in 2005 (Resolution No. 05-10223). The EOP outlines procedures for educating the public about emergency preparedness and also establishes procedures for responding to emergency situations, including management of communication systems, provision of medical assistance, and maintenance of local financing structures and government leadership roles in the aftermath of a significant emergency event. The proposed project would not modify any provision of the EOP. Further, no existing or planned emergency shelter or evacuation facilities would be affected by the proposed project (Google Earth, and Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Therefore, there would be no impact with regard to the emergency evacuation or response plan.
h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands?
The proposed project site is an infill site and is substantially surrounded by development (Google Earth). Further, the site is not located in close proximity to large open spaces where wildland fires would likely occur (City of Pittsburg General Plan, 11-17). In addition, the project site is located within the 1.5 mile response radius for fire services (General Plan Figure 11-2); therefore, there is a less than significant impact related to wildland fires and no project specific mitigation is necessary. IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements?
The greatest potential sources of surface water pollutants associated with the proposed development would be during the construction-phase erosion of the project site and urban runoff pollutants generated from impervious surfaces on-site following the completion of construction. Pursuant to NPDES requirements, a SWPPP, including control measures and Best Management Practices to control erosion from the site would be developed and
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No Impact
implemented as discussed in Section VI.b above. Stormwater runoff from the new impervious surfaces created onsite from the new subdivision would be accomplished through a combination of pervious asphalt for the proposed private access road, and a series of depressed, landscaped self-retaining areas throughout the development where stormwater would be retained and released at a rate that does not exceed the current rate at which site runoff is discharged into receiving waters as required by provision C.3 of the Contra Costa County municipal stormwater NPDES permit (Sunnyside Estates Stormwater Control Plan, October 2, 2012, 2). The retention and slow release of water would allow pollutants, especially sediment to settle in the detention basins and not be discharged into the receiving waters. Therefore the site runoff would not exceed any water quality standards and this impact is considered less than significant. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)?
The proposed project site is a vacant infill site located in a developed area that does not substantially contribute to the recharge of groundwater supplies, which are taken from groundwater wells in City Park and at Dover/Frontage (Pittsburg General Plan: Existing Conditions and Planning Issues, 208). Therefore the proposed project would have a less than significant impact on aquifer volume or groundwater supplies. c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site?
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No Impact
There are no streams or rivers on or within the boundaries of the project site (General Plan, Figure 2-2). The infill site is substantially surrounded by development and water drains into existing storm water drainage facilities (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). In addition, the proposed project would be covered under a SWPPP and Stormwater Control Plan, which must specify how stormwater run-off from the site during and post-construction would be treated and minimized (Sunnyside Estates Stormwater Control Plan, October 2012). Therefore, development of the project site as proposed would not substantially change existing drainage patterns or alter existing rivers or streams on site or in the vicinity resulting in substantial erosion. d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? See IX. c above. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? See IX. c above. f) Otherwise substantially degrade water quality? See IX.a above.
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No Impact
g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map?
The project site is located outside of the 100-year flood hazard area; therefore, the project would result in no impact (Flood and Insurance Rate Map, Panel 138, Map No. 06013C0138F, June 16, 2009). h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? See IX.g above. i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam?
There are no levees or dams located upstream of the project site with the potential to inundate the site as the result of failure, resulting in no impact (Bay Area Dam Failure Inundation Maps, Association of Bay Area Governments, http://www.abag.ca.gov/bayarea/eqmaps/damfailure/dfpickc.html, accessed on May 9, 2013). j) Inundation by seiche, tsunami, or mudflow?
The project site is not vulnerable to inundation by a seiche or tsunami in that the project site is approximately one and a quarter miles from the Suisun Bay where there is only a slight possibility of small events (Pittsburg General Plan Update: Existing Conditions and Planning Issues, 285). In addition, the project site is flat and generally surrounded by development and would therefore not be subject to mudflow (Pittsburg General Plan Update: Existing
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Conditions and Planning Issues, 285). Therefore, the project would result in no impact. X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community?
The proposed project includes development of a single family subdivision on a currently vacant, 4.4-acre infill lot (Google Earth, and Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Despite the fact that the project would introduce a single family development in an area that was intended for commercial development purposes, the proposed project would result in no impact related to physically dividing an established community. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect?
The project site has a General Plan land use designation of Business Commercial, which is intended to provide sites for commercial development such as administrative, financial, business, professional, medical, research and development, and public offices as well as light industrial uses such as custom manufacturing, limited assembly, light manufacturing, warehousing and distribution (Pittsburg General Plan, 2-20). Multiple General Plan goals and policies call for the retention of Business Commercial land for economic and job development purposes within the City (General Plan Goal 2-G-2; Policy 2-P-10; Policy 2-P-11; and, Policy 2-P-48). It is important to note that residential uses above or adjacent ground floor office and retail uses on the same site (mixed use development) are permitted in all commercial land use designations (Pittsburg General Plan, 2-19). The property is located in CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284)
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No Impact
District which was initially established in 1992 and amended thereafter. Single family residential is not a permitted use in the CS-O District; however, as noted in the General Plan section above, residential uses are permitted in all commercial General Plan land use designations as part of a mixed use development. The applicant is seeking a General Plan amendment and rezoning to allow development of a single family residential subdivision at a density of approximately 7.5 dwelling units per acre (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). The commercial designation for this site is generally intended for economic and job development purposes rather than for the purpose of avoiding or mitigating an environmental effect. However. the current commercial land use designation and zoning does serve as a buffer between the school and residential uses to the west and the heavy and light industrial uses to the north and east (such as Praxair, commercial printers and laundry). The current land use designation and zoning does allow high density residential development as part of a mixed use development; therefore, although it is not consistent with General Plan policies, the proposed project would not conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect.
c) Conflict with any applicable habitat conservation plan or natural community conservation plan? See IV.e above. XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state?
There are no known mineral resources or deposits identified in the vicinity of the project site; therefore, the proposed project would have no impact (Pittsburg General Plan Update: Existing Conditions and Planning Issues, Figure 12-3).
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b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?
There are no known mineral resources or deposits identified in the vicinity of the project site; therefore, the proposed project would have no impact (Pittsburg General Plan Update: Existing Conditions and Planning Issues, Figure 12-3). a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
Noise levels are typically described in terms of decibels. A decibel (dB) is a unit of measurement which indicates the relative amplitude of a sound. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis. An increase of 10 decibels represents a tenfold increase in acoustic energy, while 20 decibels is 100 times more intense, 30 decibels is 1,000 times more intense, and so on. There is a relationship between the subjective noisiness or loudness of a sound and its decibel level, and each 10-decibel increase in sound level is perceived as approximately a doubling of loudness over a fairly wide range of intensities. There are several methods of characterizing sound. The most common in California is the AWeighted Sound Level (dB(A)), which gives greater weight to frequencies of sound to which the human ear is most sensitive. Because sound levels can change significantly over time, a method for describing either the average character of the sound or the statistical behavior of the variations is utilized. Typically, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events. This energy-equivalent sound/noise descriptor is called Leq. Since the sensitivity to noise increases in the evening and at night, 24-hour descriptors have been developed that incorporate artificial noise penalties added to the quiet-time noise
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No Impact
events. The Community Noise Equivalent Level (CNEL), is a measure of the cumulative noise exposure in a community with a 5dB penalty added to the evening (7 p.m. to 10 p.m.) and a 10 dB addition to nocturnal (10:00 p.m. to 7:00 a.m.) noise levels. These measurements are shown as Day/Night Average Sound Level (Ldn). According to the City of Pittsburg General Plan Noise Element, noise levels in exterior use areas associated with new single-family residences are considered normally acceptable if noise levels are 60 dB(A) Ldn or less, conditionally acceptable if noise levels range from 55 to 70 dB(A) Ldn, normally unacceptable if noise levels range from 70 to 75 dB(A) Ldn, and clearly unacceptable if noise levels exceed 75 dB(A) Ldn (City of Pittsburg General Plan, Figure 12-3). The proposed project consists of a General Plan amendment and rezoning request to convert commercially zoned land to residential land use to allow for construction of a 33-unit single family neighborhood. An Environmental Noise Assessment was prepared for the proposed project by Illingworth and Rodkin (January 2013) due to the fact that the proposed project site is surrounded by existing commercial, light and heavy industrial uses and is located within 500 feet of State Route 4 and other heavily traveled roadways as well as railway tracks approximately 900 feet north of the project site. Noise monitoring surveys consisted of two long-term measurements at the southeast and northeast corners of the site; and four shortterm measurements at the four corners of the proposed site (Sunnyside Estates Environmental Noise Assessment, Figure 1). The measurements were taken in areas close to known noise generators near the site such as a 24-hour car wash, located along the southern property boundary closest to State Route 4, at the north east closest to industrial noises, and northwest closest to driveway providing truck access to a warehouse north of the project site.
Long term Measurements: At long-term measurement location LT-1, on the southern property line adjacent to the exit to the carwash tunnel, hourly average noise levels range from 55 to 65 DBA Leq. The CNEL at LT-1 averaged about 66 dBA, with intermittent noise intervals increasing to approximately 98 dBA Lmax at least two times during the measuring period and hovering near 80 dBA Lmax several other times during the measurement period (Sunnyside Estates Environmental Noise Assessment, 6 and Figures 2 through Figure 7). At long-term measurement location LT-2, noise levels ranged from 62 to 65 dBA Leq, with intermittent vehicular traffic causing spikes in noise from approximately 70 to 75 dBA Lmax and up to 95 dBA Lmax on one occasion (Sunnyside Estates Environmental Noise Assessment, 6 and Figures 8 through 13).
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No Impact
Short-Term Measurements: At short-term measurement location ST-1, noise measurements reached 66 dBA CNEL and up to 76 dBA Lmax which was caused by the 24-hour carwash blower/dryer which operated for up to 90 seconds at a time. At short-term measurement location ST-2, noise measurements reached 67 dBA CNEL and up to 77 dBA Lmax which was likely caused by vehicular and truck traffic on SR-4. At short-term measurement location ST-3, noise measurements reached 72 dBA CNEL with a steady noise level resulting from the equipment, heating, ventilation and air conditioning equipment, and truck circulation at the industrial site east of the site. At short-term measurement location ST-4, noise measurements reached 66 dBA CNEL and 75 dBA Lmax and was caused by industrial equipment as well as truck traffic. Noise Impact 1: Long and short-term noise measurements taken at various locations around the proposed project site indicate that exterior noise levels would reach and exceed the conditionally acceptable range of 65 dBA CNEL for new construction of single family residential development, resulting in a potentially significant impact. Noise Mitigation Measure 1: The good neighbor fence along the western property line (along Carion Court) and on the northern property line from lot five westward to Carion Court shall be a minimum of six feet tall, rising in height to eight feet tall along lots 6 through 10. The fence along the northern and western property boundaries should be airtight construction with a minimum surface weight of three pounds per square foot, and should be sealed at the base by backfilling dirt or drain rock against the base of the barrier. At the southern boundary of the project site, the fence should continue south along the property line of Lot 20 and extend to the proposed emergency vehicle access. Table 2 below shows the future noise exposure levels for each single family lot as identified on the proposed Sunnyside Estates Vesting Tentative Map.
Table 2: Future Noise Exposure Levels Before and After Mitigation
Lot No. 1 2,3 4,5 6,7 8,9 CNEL 66 67 68 70 72 CNEL Mitigated 61 62 63 62 64 Significant Noise Sources Industrial and SR-4 Industrial Industrial Industrial Industrial
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No Impact
10 70 62 Industrial 11,12 68 63 Industrial, Commercial, SR-4 13,14 66 61 Industrial, Commercial, SR-4 15-19 66 61 SR-4, Commercial, Local Traffic 20-22 67 62 SR-4, Local Traffic 23 66 61 SR-4, Local Traffic 24-33 <65 <65 Industrial, Commercial, SR-4 Source: Sunnyside Estates Environmental Noise Assessment, Illingworth and Rodkin, January 2013, Table 4.
Noise Impact 2: Long and short-term noise measurements taken at various locations around the proposed project site indicate that interior noise levels could exceed the Citys established 45 dBA threshold for interior noise levels on the second stories of all homes located on lots along the north, south, east and western property boundaries resulting in a potentially significant impact. Noise Mitigation Measure 2: All units developed as part of this project shall be provided with heating and air conditioning so that windows may be kept closed at the discretion of occupants (see also AQ MM 2 above). In addition, the walls and windows for second story elements shall be designed to provide at least 33 dBA of noise reduction for Lots 8 and 9, and at least at least 30 dBA of noise reduction for second stories of buildings on lots along the north, east, south and western property boundaries (lots 24 through 33 are excluded from this mitigation measure). Reductions shall be achieved with standard wall construction and windows and doors with Sound Transmission Class (STC) ratings in the 30-35 STC range, and shall be applied to all rear and side elevations of all homes on the all lots, excluding lots 24 through 33. Installation of these building elements will reduce interior noise levels on second stories of homes to less than 45 dBA thereby reducing interior noise impacts to a level of less than significant. b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels?
As noted above, the project site is adjacent to industrial land uses that use heavy equipment and generate traffic from large trucks that are a source of potential ground vibration. The amplitude of groundborne vibration is a function of travel speed and distance between the truck and residential structure. According to the findings included in the Sunnyside Estates Environmental Noise Assessment, there is no industrial equipment used in the area that is expected to generate perceptible groundborne vibration outside of the property boundary (10). With regard to vehicular traffic, trucks were observed to circulate on adjacent roadways
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No Impact
and properties at speeds ranging from five to 20 miles per hour with the nearest distance to a future residence at more than 25 feet. At these speeds and distance, trucks would generate imperceptible ground vibration levels below 65 VdB (Sunnyside Estates Environmental Noise Assessment, 10). Another source of grounborne vibration includes the railway tracks located north of the project site which would not be perceptible at 900 feet away which is the approximate distance of the proposed project site to the tracks (Google Earth, and Sunnyside Estates Environmental Noise Assessment, 10). The proposed project is not expected to produce excessive construction-related groundborne vibration or noise which is typically caused by blasting, pile driving, demolition and drilling and excavation in close proximity to sensitive structures. The primary and most intensive vibration source associated with the development of the project would be the use of construction equipment during grading operations, which would be minimal due to the fact that the site is generally level and graded (Google Earth). Grading activity would occur approximately 200 feet from a noise-sensitive school (Martin Luther King Jr. Junior High School) and approximately 500 feet from single family residential land uses (Google Earth). Construction of the project would involve the temporary use of construction equipment, such as bulldozer, skip loader, motor grader and compactors, none of which are considered impact devices (Jackie Seeno, Email dated May 17, 2013 and Construction Noise Handbook, US Department of Transportation, Federal Highway Administration, www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm, accessed on May 17, 2013). The Federal Railroad Administration (FRA) identifies a maximum acceptable level threshold ranging from 75 VdB to 83 VdB for institutional uses such as schools depending on the frequency of the events (High Speed Ground Transportation Noise and Vibration Assessment, Federal Railroad Administration, September 2012, Table 7-1). The closest point of grading and construction activity between the proposed project site and the school is approximately 200 feet with the majority of the site further away from the school. As noted in XII.d below, noise and vibration impacts diminish with increased distance from the source. This coupled with the fact that the equipment is non-impact and would occur at infrequent intervals for a short period of time, vibration from grading activities would not result in a significant impact. c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the
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No Impact
project?
The proposed Sunnyside Estates project would result in the development of a currently vacant site with up to 33-single family residential homes resulting in an increase in ambient noise levels in the area through increased traffic and pedestrian activity. However, the project is buffered by industrial and commercial developments that generate higher levels of noise than a single family neighborhood on the north, south and east (Google Earth). The Martin Luther King Jr. Junior High School is a sensitive use that is located approximately 200 feet west of the project site; however, the noise generated from the single family neighborhood would be buffered by the existing noise levels on Carion Court which runs between the proposed development and the school (Google Earth, and Sunnyside Estates Environmental Noise Assessment, able 3). Therefore, the proposed project would not be expected to result in a substantial permanent increase in ambient noise levels above the existing conditions. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?
Construction of the project would involve the temporary use of non-impact construction equipment, such as bulldozer, skip loader, motor grader and compactors would be used (Jackie Seeno, Email dated May 17, 2013). Noise levels generated by such equipment can range from approximately up to 85 dBA when measured 50 feet from the noise source (https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm, accessed on May 17, 2013). However, noise diminishes at a rate of 6 dBA per doubling of distance between the source and the sensitive receptor (Montreaux Initial Study, Impact Sciences, March 29, 2013). Grading and construction activity would occur as close as 200 feet from Martin Luther King Jr. Junior High School, the nearest noise-sensitive land use situated to the west of the project site. At this distance, and assuming uninterrupted line of sight, noise from construction equipment on the project site could reach up to 61 dBA at the closest point between the source and the receptor, which is less than 70 dBA the established range of normally acceptable noise levels for Schools (General Plan, Figure 12-3). Therefore, the project would not be expected to have a significant impact in temporary or periodic ambient noise levels in the project vicinity. e) For a project located within an airport
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No Impact
land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
The project site is not located within an airport land use plan nor is it located within two miles of an airport; therefore, it would have no impact (http://www.co.contracosta.ca.us/depart/pw/airport/, accessed on May 2, 2013). f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?
The project site is not located within an airport land use plan nor is it located within two miles of an airport; therefore, it would have no impact (http://www.co.contracosta.ca.us/depart/pw/airport/ accessed on May 2, 2013). XIII. POPULATION AND HOUSING -Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
The proposed project would result in development of a new residential subdivision consisting of 33 single family homes. The most recent Census estimates for family size are 3.64 persons per household (U.S. Census 2010 Demographic Profile Data, http://www.census.gov/, accessed on May 2, 2013). Thus, the proposed 33 new residential lots have the potential to increase the population of Pittsburg by approximately 120 people. The total population for the City of Pittsburg was 63,264; thus, the proposed project would increase the Citys population
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No Impact
by less than one percent. As discussed under Land Use above, the proposed single family residential development is not permitted under the current General Plan/zoning; however, the multi-family residential portion of an allowable mixed use development would be permitted well above the proposed projects density of 7.5 units per acre under the current land use regulations. Specifically, at maximum build out under current zoning regulations, a developer would be permitted to develop a 143,748 square foot mixed use building (0.75 FAR on a 4.4-acre site) with a residential portion between 35,937 square feet and 107,811 square feet (or approximately 25 units per acre). Therefore, the proposed population increase would be considered to be less than significant considering that a higher density was planned for and considered in the General Plan. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere?
There are no residential uses that would be displaced as a result of construction on the project site; therefore, the project would not result in the need for construction of replacement housing elsewhere (Google Earth). c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? See XII.b above.
XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could
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No Impact
cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire protection?
The proposed project is located within the 1.5 mile response radii of the newly constructed Fire Station 85 located at 2331 Loveridge Road (General Plan, Figure 11-2). While development of the vacant site could result in increased risk of fire in the area due to the construction of new structures and additional people residing on the site, the proximity of the site to the fire station would ensure that the project would not cause an increase in response times and would not significantly impact acceptable service ratios for the surrounding fire stations (Staff Determination). b. Police protection?
The proposed project site is within the jurisdiction of the Pittsburg Police Department and will result in a need for increased police protection above current demand due to the added human presence, increased traffic and real property at the currently vacant site. However, these impacts would be reduced to a less than significant level in that a standard condition of approval is added to all development projects requiring that the site be annexed into and contribute a fair share to Community Facilities District (CFD) 2005-1 for Public Safety Services to contribute to added police protection for new development (City Council Resolution No. 06-10611). This fee is already included in City regulations and no additional project specific mitigation is necessary. c. Schools?
Development under the proposed project would be required to pay school development fees, as dictated by state law, prior to the issuance of building permits. The maximum developer fees that the Pittsburg Unified School District currently collects are $2.97 per square foot for
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No Impact
new residential construction and $0.47 per square foot for new commercial and industrial construction. According to Government Code Section 65996, payment of such fees constitutes full mitigation of any school impacts under CEQA. Therefore, any resulting increase in school enrollment would be offset by the required payment of the PUSDs development fees. This impact is considered less than significant. d. Parks?
Development of the project site with residential uses would result in additional people living in the City, thereby increasing demand for park services. PMC Chapter 17.32, Dedication and Reservations, sets forth detailed requirements for land dedication or fee in lieu of dedication. This code also describes the criteria for combining fee and dedication as well as credits for private open space. Developer compliance mandated by these requirements is adequate to mitigate impacts relative to provision of parks, and this impact is considered less than significant. e. Other public facilities?
There are no other foreseeable governmental services that would be necessary to serve the project; therefore, there would be no impact related to the project to other public facilities. XV. RECREATION -a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
As noted in XIV.d, development of the project site with residential uses would result in additional people living in the City, thereby increasing demand for park services; however, compliance with the PMC Chapter 17.32 would ensure that impacts to City parks from additional usage are adequately addressed and no additional project specific mitigation is necessary.
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No Impact
b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?
The proposed subdivision includes construction of an approximately 0.11 acre tot lot/minipark at the southwestern corner of the project site for use by residents of the subdivision (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Due to its small size, rather than resulting in an adverse physical effect on the environment, installation of the mini-park is proposed in an effort to enhance the neighborhood. XVI. TRANSPORTATION/TRAFFIC -Would the project: a) Exceed the capacity of the existing circulation system, based on an applicable measure of effectiveness (as designated in a general plan policy, ordinance, etc.), taking into account all relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit?
A Traffic Impact Memo was prepared to evaluate the impacts of the proposed project on the street system within and adjacent to the project site and focused on changes in Level of Service (LOS) due to the traffic added by the project at intersections in the immediate vicinity of the project site (Sunnyside Estates Traffic Impact Study, Abrams Associates, February 19, 2013). Existing operational conditions at the project study intersections have been evaluated according to the requirements set forth by the Contra Costa Transportation Authority (CCTA) using the methodology set forth in the Technical Procedures Update (July 19, 2006).
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No Impact
Additional analysis of traffic operations was conducted using the 2010 Highway Capacity Manual (HCM) level of service (LOS) methodology with Synchro 8 software. LOS is an expression, in the form of a scale, of the relationship between the capacities of intersection (roadway segment) to accommodate the movement of traffic moving through it at any given time. The LOS of an intersection is used to describe operational conditions and ranges from A (best), representing minimal delay, to F (worst), representing heavy delay and a facility that is operating at or over its functional capacity. For signalized intersections, CCTA standards are based on LOS and the volume to capacity ratio (V/C) for the entire intersection. The HCM methodology determines the capacity of each lane group approaching the intersection. The LOS is then based on average control delay (in seconds per vehicle) for the various movements within the intersection. A combined weighted average control delay and LOS are presented for the intersection. Project-related operational impacts on the City of Pittsburgs signalized study intersections are considered significant if project-related traffic causes the Level of Service (LOS) rating to deteriorate from mid LOS D or better to high LOS D, LOS E or F, or from LOS E to LOS F. For unsignalized (all-way stop controlled and two-way stop controlled) intersections, the average control delay and LOS operating conditions are calculated by approach (i.e. northbound) and movement (i.e. northbound left-turn) for those movements that are subject to delay. In general, the operating conditions for unsignalized intersections are presented for the worst approach. Project-related operational impacts on unsignalized intersections are considered significant if project generated traffic causes the worst-case movement (or average of all movements for all-way stop-controlled intersections and roundabouts) to deteriorate from LOS D or better to LOS E or F. The proposed project consists of a General Plan amendment and rezoning from commercial uses to residential uses to allow for development of a 33-unit single family residential neighborhood. According to the Institute of Transportation Engineers (ITE) Trip Generation (9th Edition), the proposed development is expected to generate up to 316 average daily trips, with a total of 25 AM peak hour trips, and a total of 33 PM peak hour trips. To determine the potential impact of the proposed project on each study intersection, proposed traffic volumes were added to baseline traffic volumes. Table 2 below summarizes the LOS results for the Existing Plus Project weekday AM and PM peak hour conditions.
Table 3: Existing Plus Project Intersection LOS Conditions
Intersection Control Peak Hour Delay Existing LOS Existing Plus Project Delay LOS
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No Impact
Carion Ct. at project Stop Sign AM N/A N/A entrance PM N/A N/A 2 California Ave. at Stop Sign AM 5.4 (18.9) A (C) Carion Ct. PM 0.7 (16.5) A (C) 3 California Ave. at State Traffic AM 19.0 B Route 4 Westbound Signal PM 29.1 C Ramps Source: Sunnyside Estates Traffic Impact Study, Abrams & Associates, February 19, 2013.
0.5 (12.2) 2.3 (8.7) 6.0 (20.9) 1.0 (18.3) 19.3 30.3
A (B) A (A) A (C) A (C) B C
All study intersections would continue to have acceptable conditions (LOS D or better) during the weekday AM and PM peak commute hours; therefore, impacts with regard to intersection capacity and LOS would be less than significant. b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards standard established by the county congestion management agency for designated roads or highways?
As discussed in Section XVI.a above, all study intersections in the vicinity of the project would operate at acceptable LOS conditions under baseline plus project conditions. Therefore, a conflict with the applicable congestion management plan would not occur and this impact is less than significant. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks?
The project site is not located within an airport land use plan nor is it located within two miles of an airport; therefore, it would have no impact (http://www.co.contracosta.ca.us/depart/pw/airport/, accessed May 2, 2013). d) Substantially increase hazards due to a design feature (e.g., sharp curves or
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No Impact
dangerous intersections) or incompatible uses (e.g., farm equipment)? The proposed project would be required to comply with the Citys design standards and the design standards in the Uniform Fire Code. Required compliance with these existing standards would prevent hazardous design features and would ensure adequate and safe access. According to the traffic study, no internal site circulation or access issues have been identified that would cause a traffic safety problem or any unusual traffic congestion or delay (Sunnyside Estates Traffic Impact Study, 11). Further, volumes on the internal roadways would be light enough so that no significant conflicts would be expected with through traffic and vehicles backing out of the driveways and/or garages within the project (Sunnyside Estates Traffic Impact Study, 11). At the main project entrance on Carion Court, no capacity problems were identified with the proposed project driveway configuration (Sunnyside Estates Traffic Impact Study, 13). However, the lack of a pedestrian crosswalk and other high visibility signage and markings between the school and the proposed subdivision could result in conflicts and hazards for pedestrians, particularly school children, crossing Carion Court to access the school across the street, resulting in a potentially significant impact (Google Earth). The City of Pittsburg General Plan contains policy 7-P-39, to ensure that residential developments provide pedestrian pathways between lots for direct routes to commercial centers, schools and transit facilities. According to Safe Routes to Schools, there is no proven reduction in pedestrian crashes resulting from marking crosswalks without adding other more substantial crossing treatments such as raised medians, traffic and pedestrian or improved lighting (Email from Paul Reinders, City of Pittsburg Traffic Engieer, May 22, 2013 and Safe Routes to Schools, Marking and Signing Crosswalks, http://guide.saferoutesinfo.org/engineering/marked_crosswalks.cfm#high accessed on May 23, 2013). Traffic Impact 1: The lack of adequate pedestrian facilities between the proposed subdivision driveway and the Martin Luther King Jr. Junior High School could result in hazardous conditions for pedestrians, particular school children, crossing Carion Court from the new subdivision. Traffic Mitigation Measure 1: To mitigate the potential hazards related to pedestrian crossing and in accordance with recommendations set forth in the Safe Routes to Schools, a high visibility crosswalk and overhead pedestrian crossing sign with flashing beacons that shall be pedestrian-activated by an automatic detector or push button shall be installed at the intersection of the driveway to the proposed subdivision and Carion Court.
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Installation of the improvements will provide increased visibility for school children and others crossing Carion Court and will reduce the impacts to a level of less than significant by increasing driver awareness of pedestrians using the mid-block crossing.
e) Result in inadequate emergency access?
The proposed project must comply with all building, fire, and safety codes and would be subject to review and approval by the City of Pittsburg Engineering Division, Public works Department, and the CCCFPD. Required review by these departments would ensure that the proposed circulation system for the project site would provide adequate emergency access. In addition, the proposed project would not cause any permanent or temporary closures to any roadway. There would be no impact with respect to this criterion. f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)?
The proposed project is located along Carion Court, near the intersection of Loveridge Road and California Avenue. There are two Tri-Delta Transit lines that pass in the vicinity of the project; Route 388 and Route 392 run north/south along Loveridge Road (Tri-Delta Transit System Map, http://www.trideltatransit.com/local_bus.aspx, accessed on May 23, 2013). Development of the proposed project would not conflict with existing bus transit. The proposed project does not include plans for bicycle lanes along Carion Court or California Avenue because installation of bicycle lanes would require Caltrans-owned right-of-way which has not been granted to date (Conversation with Paul Reinders, City of Pittsburg Traffic Engineer, May 23, 2013). Despite the lack of bicycle connectivity, the proposed project does not conflict with the adopted Bicycle and Pedestrian Plan, which does not show bicycle lanes in the vicinity of the project site (Contra Costa Countywide Bicycle and Pedestrian Plan, Fehr and Peers/Eisen I Letunic, October 2009, Figure D-14). As noted in Section XVI.d, there are potential impacts related to pedestrian movement from the proposed subdivision to the school that is located across Carion Court; however implementation of Traffic MM 1 would reduce those impacts to a level of less than significant.
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No Impact
XVII. UTILITIES AND SERVICE SYSTEMS -- Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board?
Wastewater generated by the proposed project would be conveyed to and treated at the Delta Diablo Sanitation District (DDSD) wastewater treatment plant, located north of the PittsburgAntioch Highway in the City of Antioch (City of Pittsburg General Plan, 11-9). Wastewater from the proposed project would include sanitary flow and would not include flows from industrial or manufacturing operations that generate large flows of wastewater (Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, March 2012). Therefore, flows from the proposed project are not anticipated to result in the treatment plant exceeding its treatment requirements of the applicable Regional Water Quality Control Board (RWQCB). In addition, as noted in Section IX (Hydrology/Water) above, the proposed project would be covered under a Stormwater Control Plan to provide treatment and source control measures (Sunnyside Estates Stormwater Control Plan). b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
Raw (untreated) water supplies for the City of Pittsburg are provided by the Contra Costa Water District (CCWD) and supplemented by two municipal wells (City of Pittsburg General Plan, 11-3). Raw water supplies are treated at the Citys Water Treatment Plant. The most recent Pittsburg Water System Master Plan (2010) considered development of the site under the Business Commercial General Plan land use classification and determined that the existing treatment plant has the capacity to serve the project site (Water System Master Plan, Akel Engineering Group, 2010, Figure 3.1, General Plan Land Use). The land use change from Business Commercial which would allow commercial, some light industrial and residential uses as part of a mixed use project, to Medium Density Residential to accommodate a 33-unit single family subdivision could result in slightly more water demand
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than was anticipated under the Water System Master Plan; however, the minor increase in demand would be balanced by the commercial demand for fire suppression water which is significantly higher for commercial development than residential development (Walter Pease, Conversation on May 7, 2013). Therefore, the proposed land use change and subdivision would have a less than significant impact related to the expansion of water facilities. Wastewater generated in the City of Pittsburg is conveyed to and treated at DDSDs wastewater treatment plant, which has an average dry weather flow capacity of 16.5 million gallons per day (mgd). DDSD collects Capital Facility Capacity Charges to build capacity as new connections are added to its conveyance system. Capacity is provided through facilities constructed by DDSD as prescribed in the Conveyance and Treatment Master Plans, which use General Plan land use data for the communities in the DDSD service area. The project site is identified in the Pittsburg sewer collection system planning documents as sewer basin DP419 in the City of Pittsburg 2007 Wastewater Collection System Master Plan (Amendment No. 2). According to that document, the land use projections for the site are a combination of commercial (16.2 acres) and industrial (24 acres) (Appendix C). The proposed project would result in a change in a General Plan and zoning map amendment from Business Commercial General Plan land use designation and CS-O District zoning to Medium Density Residential General Plan land use designation with RMD District zoning to allow for the development of 33, small-lot single family homes. Specifically, the anticipated sewer flow from commercial development is 1,000 gallons per day per acre (gpd/ac) for a total of 8,800 gpd/ac, and it is 220 gallons per day per unit for a total of 14,520 gpd/unit. (General Plan, Table 11-2, Wastewater Flow Projections, Pittsburg). However, the increase in flows from the proposed land use change for 33 single family homes is well within planning parameters for the DDSDowned downstream wastewater facilities and there will not be an impact on the wastewater treatment plant (Patricia Chapman, Delta Diablo Sanitation District, Email dated May 8, 2013). Wastewater from the proposed project would be conveyed by public sanitary sewer lines underground, to the DDSD plant for treatment (General Plan, 11-9). As described above, the proposed change in land use would result in increases in wastewater discharges above what was anticipated in the latest amendment to the Wastewater Collection System Master Plan, and the increased flows could impact downstream facilities used to convey wastewater resulting in a potentially significant impact (Walter Pease, Conversation on May 7, 2013). To reduce this potential impact to a less than significant level, the applicant shall fund analysis of the capacity of the downstream collection system and increase the pipe size pursuant to the findings of the study. Utilities and Service Systems Impact 1: The proposed General Plan amendment and
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No Impact
rezoning request from Business Commercial and CS-O District to Medium Density Residential and RMD District, respectively, and the resultant development of a 33-unit single family residential subdivision, could result in higher flows of wastewater from the project site than was anticipated in the City of Pittsburg Wastewater Master Plan, Amendment 2 and could impact downstream facilities. Utilities and Service Systems Mitigation Measure 1: The applicant shall pay for the Citys Consultant (MWH) to prepare a model run/study analyzing the capacity of the downstream collection facilities and shall increase the pipe size(s) if required to accommodate the increased flows. The study shall be submitted to and approved by the City of Pittsburg Engineering Department all upgrades and utility improvements shall be included on the Improvements Plans for the project, and shall be built by the developer prior to occupancy of the first house in the project. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects?
As noted in Section IX (Hydrology/Water) above, the proposed project would be covered under a Stormwater Control Plan to provide treatment and source control measures (Sunnyside Estates Stormwater Control Plan). Therefore, the proposed project will not result in significant environmental effects necessitating the expansion of or construction of new wastewater facilities. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? See XVII.b above. e) Result in a determination by the wastewater treatment provider which
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No Impact
serves or may serve the project that it has adequate capacity to serve the projects projected demand in addition to the providers existing commitments? See XVII.b above. f) Be served by a landfill with sufficient permitted capacity to accommodate the projects solid waste disposal needs?
The proposed project would be served by Pittsburg Disposal Service, which provides solid waste pick-up and disposal services to most of Pittsburg. Solid waste generated within the City of Pittsburg is disposed of at the Potrero Hills landfill (General Plan, 11-12). The Potrero Hills landfill has a permitted capacity of 83.1 million cubic yards, with 69.2 million cubic yards (83 percent) used and 13.9 million cubic yards (65 percent) remaining (CalRecycle, Facility and Site Summary Details , http://www.calrecycle.ca.gov/SWFacilities/Directory/48-AA0075/Detail/ accessed on May 8, 2013). The proposed project has the potential to increase the population of Pittsburg by approximately 106 to 120 people. Based on a solid waste generation rate of 12 pounds per person per day, the proposed project would generate approximately 1,440 pounds of solid waste per day or 263 tons of solid waste per year representing a very small fraction of the remaining capacity of the Potrero Hill landfill (CalRecycle, Residential Development: Estimated Solid Waste Generation Rates http://www.calrecycle.ca.gov/wastechar/wastegenrates/Residential.htm, accessed on May 8, 2013). Thus, solid waste generated by the proposed project could be accommodated by the remaining capacity at the Potrero Hills landfill. This impact is considered less than significant. g) Comply with federal, state, and local statutes and regulations related to solid waste?
The proposed project is not of a class of project that is generally recognized as having a potential to violate applicable statutes and regulations related to solid waste; therefore, there would be no impact.
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No Impact
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE -a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory?
The proposed project would involve a land use change from commercial to residential land uses to accommodate a 33-unit single family residential subdivision on an infill site that has previously been graded and disturbed (Google Earth). The site is identified as part of the urban development area (East Contra Costa County Habitat Conservation Plan, Figure 3-3), and is not located on potential infill development sites that could potentially support wildlife (East Contra Costa County Habitat Conservation Plan, Figure 9-1). In addition, there are no species identified as candidate, sensitive or special status are known to occur in the immediate area (City of Pittsburg General Plan, Figure 9-1 and Table 9-1). Finally, there is no evidence that there are important examples of major periods of California history occurred on the proposed site; however, in the unlikely event that remains or resources are found, the developers would be required to follow federal and state law and General Plan policies that require construction be halted and the materials be investigated prior to continuance of construction. Therefore, overall environmental impacts associated with the proposed project would be less than significant. b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection
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No Impact
with the effects of past projects, the effects of other current projects, and the effects of probable future projects)?
Temporary construction related impacts would be minimized through the implementation of Best Management Practices outlined in AQ MM 1. The proposed project site is surrounded by existing development and would not require expansion of existing utilities beyond the boundaries of existing urbanized areas; however, the project would be required to provide updates to the adopted Wastewater Master Plan to account for the land use change and the increase in wastewater through City-owned and maintained pipes pursuant to Utility and Service Systems MM 1. The proposed project is not anticipated to contribute to cumulative traffic impacts in the vicinity of the site; would mitigate any stormwater related impacts from development of the currently vacant site as outlined in the proposed Stormwater Control Plan; and, would not be expected to contribute significantly to Air Quality or Greenhouse Gas emissions due to the small size of the project. The project would not require an expansion of emergency response service areas or contribute to an incremental decrease in an agricultural or mineral resource; therefore, these cumulative impacts related to the project would be mitigated to a level of less than significant.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
As explained in the responses above, the proposed project would not generate Hazardous Materials, would not emit odors, would not interfere with approved emergency services response times and would not be located in an area that is susceptible to floods, landslides or earthquakes. Impacts related to noise that could have an adverse impact on future residents of the subdivision were identified due to nearby industrial uses and truck traffic. Noise MM 1 and Noise MM 2 were identified to reduce those exterior and interior noise impacts a level of less than significant. A potential impact to pedestrian safety for students and others crossing Carion Court at the entrance to the subdivision could be mitigated to a level of less than significant with the addition of a high visibility crosswalk and overhead flashing signs as
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No Impact
required by Traffic MM 1. Finally, a Community Health Risk Assessment for the project did identify potential health impacts to the southern half of the project site due to its proximity to State Route 4; however, with Air Quality MM 2, requiring the installation of high efficiency panel filters in 14 of the units located within the southern two-thirds of the project area would reduce that impact to the interiors of homes to a level of less than significant. No other impacts were identified due to the project that would have a substantial adverse effect on human beings.
References/Sources Cited
1. Bay Area Air Quality Management District, 2010 Clean Air Plan, September, 2010. 2. Bay Area Air Quality Management District CEQA Air Quality Guidelines, 2010. 3. Bay Area Air Quality Management District Updated CEQA Guidelines, www.baaqmd.gov/Divisions/Planning-and-Research/CEQA-GUIDELINES/Updated-CEQAGuidelines.aspx, accessed on May 13, 2013. 4. Bay Area Air Quality Management District, Air Quality Standards and Attainment Status, hank.baaqmd.gov/pln/air_quality/ambient_air_quality.htm, accessed on May 13, 2013. 5. Bay Area Dam Failure Inundation Maps, Association of Bay Area Governments, www.abag.ca.gov/bayarea/eqmaps/damfailure/dfpickc.html, accessed on May 9, 2013. 6. California Scenic Highway Mapping System. www.dot.ca.gov/hq/LandArch/scenic_highways/index.htm, accessed April 30, 2013. 7. California Department of Conservation, California Geological Survey, Alquist-Priolo Earthquake Fault Zones (2010), www.consrv.ca.gov/cgs/rghm/ap/affected.htm, accessed on May 1, 2013. 8. California Department of Conservation, Earthquake Shaking Potential Map, (2008), www.consrv.ca.gov/cgs/rghm/psha/Pages/index.aspx, accessed May 1, 2013. 9. California Department of Toxic Substances Control, Map Locator, www.envirostor.dtsc.ca.gov/public/, accessed on May 2, 2013 Page 55 of 58
10. California Department of Toxic Substances Control, Report on Union Carbide, http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=07290042, accessed on May 2, 2013 11. CalRecycle, Facility and Site Summary Details, www.calrecycle.ca.gov/SWFacilities/Directory/48AA-0075/Detail/ accessed on May 8, 2013. 12. CalRecycle, Residential Development: Estimated Solid Waste Generation Rates, http://www.calrecycle.ca.gov/wastechar/wastegenrates/Residential.htm, accessed on May 8, 2013. 13. City of Pittsburg, Estimates Operational GHG Emissions for Sunnyside Estates, URBEMIS2007 and BAAQMD Greenhouse Gas Model (BGM), assessed on May, 16, 2013. 14. City of Pittsburg General Plan, 2004. 15. City of Pittsburg Municipal Code (PMC) and Zoning Map. 16. City of Pittsburg Emergency Operations Plan (EOP), City Council Resolution No. 05-10223. 17. City of Pittsburg Standard Conditions of Approval. 18. City of Pittsburg 2007 Wastewater Collection System Master Plan (Amendment No. 2), MWH, February 2007. 19. Community Facilities District (CFD) 2005-1 for Public Safety Services, City Council Resolution No. 06-10611. 20. Community Health Risk and Hazards Assessment Report for Sunnnyside Estates, Michael Brandman Associates, January 2013. 21. Construction Noise Handbook, US Department of Transportation, Federal Highway Administration, www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm, accessed on May 17, 2013. 22. Contra Costa Countywide Bicycle and Pedestrian Plan, Fehr and Peers/Eisen I Letunic, October 2009. 23. Contra Costa County Watershed Atlas, Contra Costa County Community Development Department, January 2004. Page 56 of 58
24. Contra Costa County Environmental Health Department, Hazardous Materials Program, www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=07290042, accessed on May 2, 2013 25. Contra Costa County Airports, www.co.contra-costa.ca.us/depart/pw/airport/, accessed on May 2, 2013. 26. East Contra Costa Habitat Conservation Plan, December 2006. 27. Environmental Noise Assessment for Sunnyside Estates, Illingsworth and Rodkin, Inc., January 2013. 28. Flood and Insurance Rate Map, Panel 138, Map No. 06013C0138F, June 16, 2009. 29. Google Earth. 30. Jackie Seeno, Discovery Builders, Email dated May 17, 2013. 31. Montreaux Initial Study, Impact Sciences, March 29, 2013 32. Patricia Chapman, Delta Diablo Sanitation District, Associate Engineer, Email dated May 8, 2013. 33. Paul Reinders, City of Pittsburg Traffic Engineer, Conversation on May 23, 2013 and Email dated May 23, 2013. 34. Pittsburg General Plan Update: Existing Conditions and Planning Issues, Dyett and Bhatia, June 1998. 35. Preliminary Soil Exploration for Loveridge Business Park, Engeo Incorporated, May 1984. 36. Safe Routes to Schools, Marking and Signing Crosswalks, http://guide.saferoutesinfo.org/engineering/marked_crosswalks.cfm#high, assessed May 23, 2013. 37. Site Visit. 38. Soil and Foundation Investigation for Storage and R&D Buildings on California Avenue, Engeotech, Inc. March 2002. 39. Stormwater Control Plan for Sunnyside Estates, Isakson and Associates, October 2012. 40. Sunnyside Estates Vesting Tentative Map and Preliminary Drainage Plan, Discovery Builders, March 14, 2012. Page 57 of 58
41. Supplemental Geotechnical Recommendations for Sunnyside Estates Residential Development, TRC Solutions, February 2012. 42. Tri-Delta Transit System Map, http://www.trideltatransit.com/local_bus.aspx, accessed on May 23, 2013. 43. U.S. Census 2010 Demographic Profile Data, www.census.gov/, accessed on May 2, 2013.
44. Walter Pease, Director of Water Utilities, Conversation on May 7, 2013. 45. Water System Master Plan, Akel Engineering Group, October 2010.
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BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Ordinance Amending the Zoning on a 4.4Acre Vacant Property Located at the Northeastern Corner of Carion Court from Service Commercial with an Overlay District to Medium Density Residential District. ) ) ) ) ) )
ORDINANCE NO. 13-
The City Council of the City of Pittsburg DOES ORDAIN as follows: SECTION 1. A. On December 15, 2011, Jackie Seeno, on behalf of Discovery Builders, Inc., filed Planning Application No. 11-810, requesting approval of: 1) a General Plan Amendment to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) rezoning of the 4.4acre parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. The applicant is also requesting approval of a vesting tentative map to subdivide the parcel into 33 single family lots ranging from 2,874 square feet to 5,394 square feet. The subject site is located at the northeastern corner of Carion Court, north of Hampton Inn & Suites and the Mill Creek/Loveridge Center commercial development at California Avenue and Loveridge Road. Assessors Parcel No. 073-190-033. On August 17, 1992, the City Council adopted Resolution No. 92-7839, amending the General Plan land use designation on approximately 16.6 acres located at 1201 California Avenue (including the 4.4-acre subject site) from Industrial to Commercial. Following that meeting, on September 8, 1992, the City Council adopted Ordinance No. 92-1043, re-zoning approximately 16.6 acres located at 1201 California Avenue from IL (Limited Industrial) District to CS-O (Service Commercial with a Limited Overlay) District. On August 24, 2001, John Tomasello filed multiple applications for the Mill Creek Development (Loveridge Commercial Center) at 1201 California Avenue. Applications filed on that date included a request for approval of a subdivision of the 16.6-acre site into six parcels, re-zoning to amend the allowable uses and development standards of the CS-O District, and multiple use permit and design review requests. On February 12, 2002, the Planning Commission held a public hearing and adopted Resolution No. 9289, recommending approval of the rezoning request, and Resolution Nos. 9290 through 9299 conditionally approving a tentative map and the requested use permit and design review approvals. On April 1, 2002, the City Council adopted Ordinance No. 02-1193 amending the CS-O District in accordance with the Planning Commission recommendation.
B.
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E.
On June 8, 2007, Discovery Builders submitted a new design review application for Carion Commerce Center, an approximately 56,600 square foot light industrial building on the subject site. On September 25, 2007, the Planning Commission adopted Resolution No. 9735, approving architectural and site improvement plans for the proposed warehouse; however, entitlements for the commercial development expired on September 25, 2010. On September 11, 2012 the Planning Commission held a public hearing on General Plan, Rezoning and Vesting Tentative Map Application No. 11-810, at which time oral and/or written testimony was considered. At that time, staff brought forward a recommendation of denial of the proposed land use changes and a determination that the project was not subject to environmental review pursuant to California Environmental Quality Act section 15061 (b)(4), as a project that was being recommended for disapproval by a public agency. However, the Planning Commission directed staff to conduct environmental analysis on the proposed project, and then to bring the project back for Commission consideration. An initial study analyzing the potential environmental impacts of the development was prepared, as directed by the Planning Commission and in accordance with the Guidelines for implementation of the California Environmental Quality Act (CEQA Guidelines). Based on the analysis in that study, the Planning Manager determined that potentially significant effects of the project could be lessened through specified mitigations, and subsequently, a Notice of Intent to Consider Adoption of a Mitigated Negative Declaration (MND) was prepared and distributed to the public on June 24, 2013, for a 30-day review, in accordance with the CEQA Guidelines. In order to recommend approval of an amendment to the zoning map, the Planning Commission must find that the amendment is consistent with the objectives, policies, general land uses and programs in the General Plan; that the land use regulation is compatible with uses and regulations of the land use district or districts for which it is proposed; that there is a community need for the change proposed; and that the change will be in conformity with the public convenience, general welfare, and good zoning practice (PMC section 18.16.020). Before adopting the recommended zoning amendment, the City Council must find that the zoning amendment is consistent with the General Plan and the notice and hearing provisions specified in PMC Title 18 (PMC section 18.48.050). On August 27, 2013, after holding a duly noticed public hearing, the Planning Commission directed staff to draft and execute Resolution No. 9954, making the necessary findings and recommending approval of the proposed amendment to the Zoning Map from CS-O District to RM District to allow for the development of a small-lot single family development on the parcel. On or prior to September 6, 2013, notice of the September 16, 2013, public hearing to consider this application was posted at City Hall; was delivered to the Pittsburg Library; was posted on the Citys website; was published in the East County Times; and, was mailed via first class mail or email to the applicant, the property owner, owners of property within 300 feet of the subject site, service agencies who may be affected by the proposed rezoning, and interested parties and individuals and
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F.
G.
H.
I.
J.
Ordinance No. 13-
organizations that requested such notice, in accordance with PMC section 18.14.010 and Government Code section 65090. K. On September 16, 2013, the City Council held a public hearing on General Plan Amendment and Rezoning Application No. 11-810, at which time oral and/or written testimony was considered.
SECTION 2. Findings. Based in the staff report entitled, Consideration of a City Council Resolution Adopting a Mitigated Negative Declaration and Amending the General Plan, and Introduction of an Ordinance Rezoning a 4.4-Acre Parcel on Carion Court from Commercial to Residential to Allow for Development of a Single Family Subdivision, Sunnyside Estates (AP-11-810), dated September 16, 2013, and based on all the information contained in the Planning Department files on the project, adopted and incorporated herein by reference and available for review in the Planning Department located at 65 Civic Avenue in Pittsburg, and based on all written and oral testimony presented at the public hearing, the City Council hereby finds that: A. B. All recitals above are true and correct and are incorporated herein by reference. The Initial Study and draft Mitigated Negative Declaration prepared for this project were prepared in compliance with Public Resources Code section 21000 et seq (CEQA), and that the Council has independently reviewed and considered the information contained therein prior to making its recommendation. The amendment is consistent with the objectives, policies, general land uses and programs in the General Plan in that the proposed rezoning from CS-O District to RM District to support small lot single family development is consistent with the proposed General Plan designation for Medium Density Residential. The proposed development will be consistent with General Plan goals and policies that encourage infill residential development that is close to commercial development, major transportation infrastructure and schools, which is also consistent with Senate Bill 375 to reduce greenhouse gas emissions through the development of mixed use communities. The proposed residential development will be adjacent to a new Junior High School and will create fewer environmental impacts related to traffic and noise than development of commercial uses on the site. The land use regulation is compatible with uses and regulations of the land use district for which it is proposed in that the single family residential development proposed at the site would be adjacent to the new Junior High School and the established residential neighborhood to the west and north of the School. Furthermore, development of a residential neighborhood at the proposed site will create fewer environmental impacts related to traffic and noise than development of commercial uses on the site. There is a community need for the change proposed in that the proposed land use change will result in expansion of the housing stock to provide small-lot, single family infill housing that is most affordable and attractive to first time homebuyers,
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and in that the neighborhood will be located in close proximity to a new Junior High School, as well as commercial development, a major transportation corridor and jobs. F. The change will be in conformity with the public convenience, general welfare, and good zoning practice for all the reasons stated in the above findings. The land use change will result in fewer environmental impacts related to traffic and noise than a commercial development at the location in turn reducing environmental impacts on the adjacent Junior High School; and, in that the proposed residential development will promote economic development through the development of an unutilized, historically vacant parcel with small-lot single family housing.
SECTION 3. Decision. Based on the findings and the authority set forth above, the City Council hereby amends the zoning map to reflect a zoning change for the parcel located at the northeastern corner of Carion Court (APN 073-190-033) from CS-O District to RM District, as depicted in Exhibit A to this Ordinance. SECTION 4. Publication. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption.
Ordinance No. 13-
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The forgoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on September 16, 2013, and was adopted and ordered published at a meeting of the City Council held on October 21, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Mayor ATTEST:
Alice E. Evenson, City Clerk
Ordinance No. 13-
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[date]
Exhibit A, Ordinance No. 13- ____________
Existing Zoning: Northeastern Corner of Carion Court (APN 073-190-033) is within CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District.
Proposed Zoning: Northeastern Corner of Carion Court (APN073-190-033) is within RM (Medium Density Residential) District.
CITY OF PITTSBURG PLANNING COMMISSION STAFF REPORT September 11, 2012 ITEM: 3 SUNNYSIDE ESTATES. AP-11-810 (GP, RZ, SUB). ORIGINATED BY: Jackie Seeno, 4061 Port Chicago Highway, Suite H, Concord, CA 94520. SUBJECT: This is an application by Jackie Seeno on behalf of Discovery Builders, Inc., requesting approval of: 1) a General Plan Amendment to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) rezoning of the 4.4-acre parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. The applicant is also requesting approval of a vesting tentative map to subdivide the parcel into 33 single family lots ranging from 2,874 square feet to 5,394 square feet. The subject site is located at the northeastern corner of Carion Court, north of Hampton Inn & Suites and the Mill Creek/Loveridge Center commercial development at California Avenue and Loveridge Road. APN 073-190-033. RECOMMENDATION: Staff recommends the Commission adopt Resolution No. 9916 denying General Plan, Rezoning and Vesting Tentative Map Application No. 11-810, for the reasons stated below. BACKGROUND: On August 17, 1992, the City Council adopted Resolution No. 02-7839, amending the General Plan land use designation on approximately 16.6 acres located at 1201 California Avenue (including the 4.4-acre subject site) from Industrial to Commercial. Following that meeting, on September 8, 1992, the City Council adopted Ordinance No. 92-1043, re-zoning approximately 16.6 acres located at 1201 California Avenue from IL (Limited Industrial) District to CS-O (Service Commercial with a Limited Overlay) District. On August 24, 2001, John Tomasello filed multiple applications for the Mill Creek Development (Loveridge Commercial Center) at 1201 California Avenue. Applications filed on that date included a request for approval of a subdivision of the 16.6-acre site into six parcels, re-zoning to amend the allowable uses and development standards of the CS-O District, and multiple use permit and design review requests. On February 12, 2002, the Planning Commission held a public hearing and adopted Resolution No. 9289, recommending approval of the rezoning request and adopted Resolution Nos. 9290 through 9299, approving a tentative map and the requested use permits and design review approvals. On April 1, 2002, the City Council adopted Ordinance No. 021193, amending the CS-O District in accordance with the Planning Commission recommendation. Between 2003 and 2005, certificates of occupancy were issued for
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Planning Commission Staff Report Sunnyside Estates. AP-11-810 (GP, RZ, SUB). September 11, 2012
the Jack in the Box, Chevron gas station and convenience store, the Loveridge Self Storage facility, a commercial multi-tenant shell building, and a single light industrial multi-tenant shell building that was envisioned as part of a larger, four building commercial/R&D complex to be developed on the subject site at a later time. The Hampton Inn and Suites received a certificate of occupancy in 2009. On May 1, 2006, Discovery Builders submitted a preliminary site plan for up to 84 attached townhome units in 14 clusters, and a 6,730 square foot commercial building on the subject site. In a comment letter on the preliminary site plan submittal, City staff broadly agreed that a mixed use project with a higher density residential component would be consistent with the General Plan and zoning and provided extensive comments on the proposed plans. On June 8, 2007, Discovery Builders submitted an application for Carion Commerce Center, an approximately 56,600 square foot light industrial building on the subject site. On September 25, 2007, the Planning Commission adopted Resolution No. 9735 approving architectural plans and site improvements for the proposed project; however, entitlements for the project expired on September 25, 2010. On August 14, 2012, the applicant requested that the item be continued due to scheduling conflicts. Because the meeting was duly noticed, the Planning Commission opened the public hearing to take public testimony, and continued to the item to the next regularly scheduled, August 28, 2012, Planning Commission meeting. On August 28, 2012, due to a lack of quorum, the item was continued to the next scheduled September 4, 2012 Planning Commission meeting. On September 4, 2012, the item was continued again to the following, regularly scheduled September 11, 2012 Planning Commission meeting. There were no public comments at the above referenced meetings; however, letters were submitted by an adjacent property owner and by the applicant regarding the proposed project. See Attachments 5 through 7 for correspondence related to this item. PROJECT DESCRIPTION: Existing Conditions: The subject site consists of a vacant 4.4 acre parcel located at the northeastern terminus of Carion Court, just north of Loveridge Road. The parcel is a remainder of the Loveridge Commercial Center, and later the site of the approved Carion Commerce Center, development projects as described in Background above. Surrounding land uses include vacant land and heavy and light industrial uses to the north and east (Praxair, Quad Graphics, G&K Services, Loveridge Center light industrial multi-tenant building, and Public Storage); commercial uses to the south (Hampton Inn & Suites, Jack and the Box, the Chevron gas station/convenience store, a commercial multi-tenant building); and, the new Martin Luther King Jr. Junior High School to the west.
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Project: The proposed project consists of a request for a General Plan amendment from Business Commercial to Medium Density Residential, re-zoning from CS-O District to RM District and a vesting tentative map to accommodate a new small lot, single family residential development. The proposed tentative map would subdivide the 4.4-acre site into 33 single-family lots, a private street, an approximately 4,792 square foot tot lot, and parcels to accommodate circulation and utility easements. The subdivision would have an overall residential density of 7.5 units per gross acre with lots ranging in size from 2,874 square feet (lot 10) to 5,394 square feet (lot 1). Public improvements, including street lighting and utilities would be installed to serve the proposed homes. The applicant is proposing private streets with maintenance to be provided by a homeowners association. The subdivision would be accessed from a 32-foot wide entrance at Carion Court with two, 14-foot wide travels lanes (one in each direction), and a raised, four-foot wide median. The interior roadway would be a two-way loop with 10-foot wide travel lanes, on-street parking on both sides of the street and five-foot wide sidewalk on one side of the street. A secondary, 20-foot wide emergency vehicle access would be located at the southwestern corner of the subdivision. GENERAL PLAN/CODE COMPLIANCE: General Plan: The project site has a General Plan land use designation of Business Commercial, which is intended to provide sites for commercial development such as administrative, financial, business, professional, medical, research and development, and public offices as well as light industrial uses such as custom manufacturing, limited assembly, light manufacturing, warehousing and distribution (Pittsburg General Plan, 220). Residential uses above ground floor office and retail uses (mixed use development) are permitted in all commercial land use designations, with a density bonus to accommodate the residential portion, at the discretion of the Planning Commission or City Council, as appropriate (Pittsburg General Plan, 2-19). The subject site is located within the Loveridge Road sub-area where large industrial uses and vacant sites constitute a majority of land along Loveridge Road, north of State Route 4. General Plan goals and policies related to the Business Commercial land use designation and the Loveridge Road sub-area include the following: Goal 2-G-2: Promote large-scale office/business development, and reserve sites for Business Commercial uses in designated locations accessible from regional transportation systems. Policy 2-P-10: Reserve sites for Business Commercial uses, including but not limited to along State Route 4, focused at the Willow Pass Road/San Marco Boulevard interchange and Loveridge Road interchange, and other areas.
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Policy 2-P-11 : Do not allow sites designated for Business Commercial uses to be changed to another land use designation unless it is determined that adequate sites are available elsewhere to meet the Citys office and business development objectives. Policy 2-P-48: Support the development of Business Commercial complexes adjacent to State Route 4/Loveridge Road interchange, featuring professional offices, research and development, hi-tech manufacturing and production uses. Zoning: The property is located in CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District which was initially established in 1992, and amended as described in the Background section above. Single family residential is not a permitted use in the CS-O District; however, as noted in the General Plan section above, residential uses are permitted in all commercial General Plan land use designations as part of a mixed use development. Required Findings: Under Government Code section 65358, the legislative body (city council) of a local government agency may amend its general plan, in whole or in part, if it finds that the amendment would be in the public interest. No more than four general plan amendments to each required element may be adopted within one calendar year. There has been one amendment to Chapter 2, Land Use, of the General Plan during this calendar year. California Government Code and the PMC identify the Planning Commission as the advisory body to the City Council on amendments to the general plan. Government Code section 65353(a), requires that the Commission conduct at least one public hearing prior to making its recommendation on a proposed general plan amendment. PMC section 18.16.020 identifies the Planning Commission as the advisory body to the City Council on proposed changes to the zoning map, and requires that the Commission determine, prior to making its recommendation, that: 1. 2. 3. 4. The amendment is consistent with the objectives, policies, general land uses and programs in the General Plan; The land use regulation is compatible with uses and regulations of the land use district for which it is proposed; There is a community need for the change proposed; and The change will be in conformity with the public convenience, general welfare, and good zoning practice.
Pursuant to PMC section 17.20.060, the Planning Commission is authorized to approve or conditionally approve a tentative map, but only if the Commission makes all of the following findings: Page 4 of 8
1.
The proposed map is consistent with the General Plan and any applicable specific plan, the Zoning Ordinance, and applicable provisions of the Subdivision Ordinance; The site is physically suitable for the type of development being proposed; The site is physically suitable for the proposed density of development; The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision and the type of improvements will not cause serious public health problems; and, The design of the subdivision and the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.
2. 3. 4.
5.
6.
Environmental: The project is exempt from the requirements of the California Environmental Quality Act (CEQA) under CEQA Guidelines, section 15061 (b)(4), as a project that is being recommended for disapproval by a public agency. Public Notice: Notice of the August 14, 2012, public hearing on this project was published in the East Contra Costa Times; was mailed via first class or electronic mail to the applicant/property owner, to owners of property located within 300 feet of the project site, to local service agencies expected to provide services to the proposed subdivision, and to individuals who had previously filed written request for such notice; was posted at City Hall, at the project site, and on the City website; and was delivered to the Pittsburg Library, on or before August 3, 2012, in compliance with PMC section 18.14.010 and Government Code sections 65090 and 65091. ANALYSIS: Approval of a General Plan Amendment and Rezoning of a property requires that findings be made that the change is consistent with the policies and intent of the General Plan; that there is a community need for the proposed change; and, that its adoption will be in conformity with public convenience and welfare. The application submittal materials for the proposed General Plan amendment and rezoning request provided the applicants justification for the proposed General Plan and zoning amendments as:
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at present, there is no market for an industrial building of this size in this location. However our current marketing analyses indicate that there is a market for single family homes in this location and we believe that this is the most viable land use for this property. In considering the required findings and the applicants rationale for the proposal, staff reviewed the proposed project (33 small lot, single family detached homes) against the number of similar projects and products throughout the City. According to the Citys project pipeline list, there are over 2,500 single family detached units either entitled, recently constructed or currently under construction in the City. These entitled units include a variety of single family products from mid- to large-lot single family homes (San Marco, Vista Del Mar), to small lot single family homes (Mariner Walk, Vista Del Mar, Alves Ranch). In addition to entitled projects, there are several single family subdivision applications currently under review (Toscana, Bancroft Gardens, Tuscany Meadows) that, if approved, would result in the entitlement of over 1,200 additional small-lot single family homes at a similar scale to the proposed project. In addition to these new and anticipated single family homes, according to Foreclosure Radar, there are over 400 existing single family homes throughout the City that are at auction, bank owned or in pre-foreclosure as of July 2012. This research is consistent with the Urban Land Institutes recent study, The New California Dream: How Demographic and Economic Trends May Shape the Housing Market (2011), the existing supply of conventional subdivision lots (defined as those at densities of less than eight units per acre), exceeds current and projected demand for such housing in California through 2035. While there are many options for people to purchase new and previously owned homes in Pittsburg as described above, there are not equal opportunities for commercial development to support anything near a jobs-housing balance in the City, which is a goal of the General Plan (General Plan, 1-14). According to the General Plan, 24 percent of land within the City is devoted to residential land uses while approximately four percent of the Citys land is devoted to commercial uses (Table 2-3, General Plan Land Use Distribution). Additionally, General Plan goals and policies call for reserving sites for Business Commercial uses in locations accessible from regional transportation systems; promoting flexibility and diversity in land use arrangements including mixed use development; and, disallowing sites designated for Business Commercial uses to be changed to another land use designation unless it is determined that adequate sites are available elsewhere to meet the Citys office and business development objectives (2-G-2 and 2-P-10; 2-G-7; 2-P-11; 2-P-14; 2-G-14 and 2-P-48). Staff understands that the subject site is a small parcel at 4.4 acres; however, it is adjacent to industrial and commercial uses on the north, south and east sides making it an ideal location for business commercial uses to support the surrounding industrial, hotel and other commercial uses.
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Based on the list of entitled and future anticipated housing on land already designated for residential purposes within Pittsburg, and the potential lost opportunity to generate local jobs and sales tax revenue from a commercial use on the site, staff does not believe that it is in the publics interest to convert commercially designated land for residential purposes. Until recently, developers (including Discovery Builders) believed that this site was appropriate for commercial development as evidenced by the numerous commercial entitlements described in the Background section above. Staff is aware that the market downturn has negatively affected commercial rents in the short and even medium term; however, staff believes that it is important to retain commercially designated and zoned land, particularly land that is in close proximity to industrial uses and State Route 4, for future tax and job generating opportunities. Further, a commercial or mixed use development in this location would be a better use of the property as compared to single family residential, and would serve as a buffer to the governmental/quasi-public (Martin Luther King Jr. Junior High School) located west of the school site. It is important to note that staff did alert the applicant to the fact that the General Plan policy would allow a project that contains a mixed use component. Specifically, the General Plan allows residential uses in all commercial land use designations provided that they are part of a mixed use development. Townhouses with a flex space component or apartments with ground floor commercial uses would meet the intent of the commercial land use designation without requiring approval of a General Plan amendment. In the event that the Commission believes that the findings can be made to approve the General Plan and Rezoning amendment requests, the tentative map will undergo a thorough review for consistency with the Subdivision Ordinance and project-specific CEQA review. However, given the analysis described above, staff does not believe that the Commission can make the findings to approve the proposed tentative map on the grounds that a map for a single family neighborhood is not consistent with the Business Commercial General Plan land use classification or the underlying zoning. Further, staff believes that the site should be preserved to accommodate commercial or mixed use development in line with existing General Plan goals and policies for the area and to support as close as possible to a jobs-housing balance in the City. Further, there are adequate supplies of residentially zoned land entitled, under application and available for future development to meet the communitys current and future projected need for housing in the City. ACTION REQUIRED: Move to adopt Resolution No. 9916, denying General Plan, Rezoning and Subdivision Application No. 11-810. ATTACHMENTS: 1. Proposed Resolution No. 9916
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2. 3. 4. 5. 6. 7.
Proposed Vesting Tentative Map Aerial/Vicinity Map Public Hearing Notice Correspondence from Bhupen Amin, Hampton Inn & Suites, August 12, 2012 Memo from Wilson Wendt of Miller Star Regalia on behalf of the applicant, dated August 22, 2012. Memo from City of Pittsburg Assistant City Attorney, Krysten Hicks of Meyers Nave, dated August 27, 2012.
* The Urban Land Institutes study, The New California Dream: How Demographic and Economic Trends May Shape the Housing Market (2011) is available from the Planning Department upon request. Prepared by: Leigha Schmidt, Associate Planner
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Page 1 of 1
Leigha Schmidt
Subject: FW: Sunnyside Estates
Dear Ms. Schmidt,

Please accept this letter as part of the public comments to the above referenced project. We recently acquired the Hampton Inn & Suites in Pittsburg and look forward to a long-term relationship with the community. We were quite surprised to hear about the proposed residential project directly behind the hotel. We remain open to initiating a discussion with the developer to discuss mutually beneficial uses for the property. We simply want what is best for the City of Pittsburg. At this point, however, a strictly residential use is quite concerning to us. We hope that the area will develop into a business cluster offering additional retail and business options for the community and our guests. As staff notes, such commercial growth, though likely difficult to finance in the current economy, could better assist the community in developing a strong job and sales tax base into the future. We also have concerns about residential neighbors directly adjacent to an operating hotel. Noise, traffic, lighting, parking, trash are ongoing issues for both residential neighbors and hotel guests, and often create unnecessary problems. It is for this reason that hotels are generally permitted in commercial districts only, allowing a strong buffer between a 24 hour business operation and local residents. As noted, we look forward to working with our neighbor to create a strong community for Pittsburg. Please do not hesitate to contact us for any input or assistance. Thank you for your time and consideration of our concerns. Respectfully yours, Bhupen Amin Chief Operating Officer Lotus Hotels Pittsburg, Inc. ________________________________________ BhupenB.Amin LotusHotels&Investments(www.LotusHotels.com) Simple.Sincere.Sensible. 1201CaliforniaAve. Pittsburg,California94565 (925)9795758office (925)2261989efax Bhupen@LotusHotels.com
9/6/2012
1331 N. California Blvd. Fifth Floor Walnut Creek, CA 94596
T 925 935 9400 F 925 933 4126 www.msrlegal.com
Wilson F. Wendt wilson.wendt@msrlegal.com
August 22, 2012
Chairman A. J. Fardella and Members of the Planning Commission City of Pittsburg 65 Civic Avenue Pittsburg, CA 94565-3814 Re: Discovery Builders, Inc.; Application for General Plan Amendment, Rezoning and Vesting Tentative Map Approval for Sunnyside Estates; August 28, 2012 Planning Commission Agenda
Honorable Chairperson Fardella and Members of the Commission: Our office represents Discovery Builders, Inc. We have been asked to respond to the surprising Staff Report prepared for this item in which staff recommends the adoption of a resolution denying the General Plan Amendment, Rezoning and Vesting Tentative Map approval. No CEQA analysis has yet been done for this project and it is difficult if not impossible to understand how staff can recommend against the requested land use changes without analyzing through a CEQA document what the impacts of the project will be on the community and what significant benefits might be provided. The Planning Department Staff Report is surprising in that it recommends denial of the applications based upon two flawed reasons: 1. The requested modification to the General Plan land use designation and the rezoning of the property would not be consistent with certain enumerated goals and policies of the General Plan, making it difficult for the City Council to make the findings to approve a change in the land use designation. 2. The proposed vesting tentative map approval would be inconsistent with the existing General Plan designation and zoning for the approximately 4.41 acre site. Obviously, the vesting tentative map application is inconsistent with the existing General Plan designation and zoning designation and that is why the applicant is seeking to change these designations through this series of applications. As to the enumerated General Plan policies and goals which are supposedly inconsistent with these applications, we respectfully suggest that a determination cannot be made in a vacuum and that a full and complete analysis of the General Plan and the
Offices: Walnut Creek / Palo Alto
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Chairman A. J. Fardella and Members of the Planning Commission August 22, 2012 Page 2
possible impacts of possible development of the site will show that residential use on this site is more appropriate. In addition to the General Plan goals and policies enumerated in the Staff Report and relied upon by staff as the reasons to recommend that the application should be denied, there exist other equally valid General Plan policies and goals which favor and conform to the requested land use designation changes. Those will be discussed more fully below. It is improper and inequitable for staff to determine on their own that no CEQA analysis will be prepared for this project and that the Planning Commission and the City Council should accept the staff recommendation and preclude any meaningful analysis. The cost of the CEQA analysis and any other processing of this application is a cost that must be borne by the applicant. They are not only able but willing to pay such cost to provide documentation to the Commission and the Council that can adequately guide them in making this land use determination. It is not the intention of CEQA to preclude the preparation of an adequate CEQA document which would be not only helpful but also essential to the Commission and the Council in making a decision on this application. We sincerely hope that the Commission will instruct staff to commence preparation of an adequate CEQA document and do a meaningful analysis of the impacts of the project and its desirability upon the community in general. In doing so, we request the Commission to take account of the following, which show clearly that approval of the requested General Plan Amendment will be in the public interest: 1. Location of the Project: The location of the project is immediately east of the Citys new Martin Luther King, Jr. Junior High School, the opening ceremony of which is set for August 25, 2012. The beautiful, state-of-the-art educational facility is immediately adjacent to residential use to the west. As we will discuss below in considering the individual goals and policies of the General Plan, residential use across from the school will be much less likely to cause impacts upon the school than Business Commercial uses and will be much more in conformity with the school use and the residential and commercial uses to the west of the school. Business Commercial uses include large-scale office projects which invariably produce much greater traffic and circulation impacts than do residential uses. This site is a small infill site with 33 residential lots to be created by the vesting tentative map. One of the prime purposes of a CEQA document would be to analyze the traffic impacts of the currently allowed Business Commercial uses as opposed to the traffic impacts of medium density residential use. 2. Comparison of Traffic Impacts Caused by Residential Development as Opposed to Business Commercial Development of the Site: As indicated above, the site is located directly across Carion Court from the new Martin Luther King, Jr. Junior High School. To adequately consider the proposed General Plan Amendment, Rezoning and Vesting Tentative Map application, the Commission
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must have an adequate CEQA analysis, specifically comparing the traffic impacts from Business Commercial development of the site as opposed to residential development. Given the proximity to the junior high school, we feel certain that for traffic impact reasons alone, the Commission and the Council will determine that residential use is more appropriate for this site than Business Commercial use. In order to look at a comparison of the two uses, we compared the following: (a) Proposed Residential Use: The applications seek approval for residential use on the 4.41 acre site (192,099 square feet) which would be divided into 33 medium density single-family lots. The calculation of impacts for the proposed residential use of the site is relatively straightforward. The publication Trip Generation, 8th Edition published by the Institute of Transportation Engineers contains the formulas by which the traffic impacts of the alternative uses can be determined and compared. The ITE rates for single-family homes are 9.6 trips generated per unit per day. If calculated based on the 33 proposed dwelling units, the project would produce 317 trips per day (33 x 9.6 = 317). The traffic impacts from the proposed residential use would be insubstantial. (b) Business Commercial Development of the Site: The current land use designation for the site is Business Commercial which is discussed on page 2-20 of the General Plan. That section states that the maximum allowable FAR for Business Commercial development is 1.0. Thus, development of the site for Business Commercial uses could allow development of 192,099 square feet of office use. The ITE rates for office use are 11 trips generated per day for each 1,000 square feet of development. Applying these rates, office use of the site could generate 2,108 trips per day (192 x 11 = 2,112) or more than 1,800 trips per day greater than the 317 trips per day generated by the proposed residential use. The difference between the traffic generated from the proposed residential versus what is allowed based on the Business Commercial designation of the site is staggering. Even if the Business Commercial project did not contain the maximum allowable FAR of 1.0, any reasonable office use would far exceed the impacts caused by residential use. Assuming a .3 FAR for an office project, the project would produce 57,629 square feet of office use and the traffic impacts would be over 600 trips per day (57 x 11 = 627). Thus, even an office project that utilized one third the allowable FAR would create about twice the traffic than the proposed residential use. To make a decision on residential as opposed to Business Commercial designation of this site without an adequate CEQA document analyzing all of the traffic and safety aspects of project development adjacent to the new junior high school would be irresponsible. 3. Basic Reason for Staff Recommendation of Denial: The Staff Report asserts that there is already a significant amount of entitled and existing single-family homes
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and the change of land use designation will result in a 4.41 acre reduction of the already small amount of land devoted to commercial land uses in the City which staff deems to be in conflict with the existing General Plan. The re-designation of this very small infill site to residential use will have no impact upon the amount of commercially designated property remaining in the City. Table 2-1 in the Land Use Element of the General Plan confirms that approximately five percent of city acreage, over 400 acres, is designated for commercial use. It is improper to simply deny this application because it will change property now designated as Business Commercial to a residential designation. General Plan designations often change as cities continue to develop and the Business Commercial designation of the property, given the construction and operation of the new junior high school, as well as the other reasons we will discuss below, call for a redesignation of the property as requested which is much more consistent with the General Plan than is the existing designation. 4. There Is No Demand for Business Commercial Development of This Property Now or in the Foreseeable Future: Discovery Builders or its related entities have owned this property for some time. As indicated in the Staff Report, in 2007 the Commission approved architectural plans and site improvements for a commercial center on the site providing commercial and light industrial uses. Despite significant marketing efforts on the approved project, no tenants or users were located after several years of effort. Our clients marketing experts came to the conclusion that this was a poor commercial location since it does not directly front on California Avenue and does not have good visibility. There has been no demand for commercial or industrial development of the site and given the current proximity of the newly-constructed school, there are now a number of reasons that such development would be inconsistent with the General Plan, which shows the location of the school site as public institutional use directly across the street. 5. The Project is Consistent With a Number of Provisions, Goals and Policies of the General Plan as Follows: (a) Infill Development: The Land Use Framework Guiding Principles listed on page 2-13 include a recommendation to promote infill development in order to minimize encroachment into hillsides, reverse and prevent blight, promote economic development and efficiently provide services. This project constitutes infill development in the Loveridge Planning Subarea. This area constitutes a vacant and underutilized site and is perfect for infill development. (b) The Site Is Not Appropriate for Business Commercial: The description of Business Commercial land use set out on page 2-20 makes clear that these areas are intended for administrative, financial, business, professional, medical, research and development . . . as well as custom manufacturing, limited assembly, light manufacturing, warehousing and distribution and support commercial uses. These kinds of uses located immediately across the street from a
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large junior high school would almost certainly be more impactful than residential uses. Noise, air quality and traffic impacts, among others, would preclude the selection of Business Commercial uses in that area over residential uses based solely upon the impacts upon the school. (c) Goal 2-G-5; Citywide Land Use Policies: This goal is set out on page 2-26 and provides that the General Plan shall promote a diversity of housing types including opportunity for smaller lot and infill development. This project will provide 33 single-family lots in an infill project. This certainly satisfies the criteria for providing opportunities for small lot, infill development, opportunities that are not currently present in the inventory of detached single-family housing available in the City cited by staff in the Staff Report. There are past examples in the City where these small lot infill projects have been developed. (d) Loveridge Subarea: This subarea is described on page 2-36 of the General Plan which states that large industrial uses and vacant sites constitute a majority of the subarea. Commercial sites exist along Loveridge Road between State Route 4 and the Pittsburg Antioch Highway. Policy 2-P-48 on page 2-52 of the General Plan advocates support the development of Business Commercial complexes adjacent to the State Route 4 Loveridge Road interchange featuring professional offices, research and development, high-tech manufacturing and production uses. The project site is, located west of the State Route 4 Loveridge interchange, as discussed above, is more appropriately designated for residential use given its proximity to the junior high school and the dense residential development to the west. (e) Transportation and Safety Issues: The transportation element of the General Plan in Table 7-3 on page 7-10 projects a 22% increase in projected daily traffic volumes on Loveridge Road north of Buchanan Road between 1997 and 2025. Policy 7-P-23 on page 7-19 provides a policy designed to develop procedures and guidelines to mitigate neighborhood traffic impacts in areas where traffic speeds or volumes exceed posted speed limits or standards established elsewhere in the General Plan. One of these very basic measures to mitigate neighborhood traffic impacts would be to replace the high traffic generating Business Commercial uses with residential uses. (f) Bikeways and Pedestrian Movement: This subject is addressed on page 7-30 and Policy 7-P-35 reads as follows: Work with school districts, school administrators and parents of elementary school students to develop a suggested routes to school program for students who bicycle and walk.
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Given the location of the project immediately adjacent to the junior high school, nothing would enhance pedestrian and bike routes more than devoting that site to residential use as opposed to Business Commercial use. This would also foster Policy 7-P-43 which advocates providing adequate roadway width dedications for bicycle lanes, paths and routes as designated in Figure 7-4. That figure designates Loveridge Road as a bicycle route and the reduced traffic presented by residential use would do much to make the achievement of bicycle transport a sound and safe alternative. 6. Residential Development is Much More Compliant With the Goals of S.B. 375: This legislation, known as the anti-sprawl legislation encourages the development of infill housing near existing urban areas and job centers. This infill development, located in close proximity to the Business Commercial property along Loveridge, the industrial property to the north and the Community Commercial property to the east and located in close proximity to various Tri-Delta Transit lines is ideally situated to satisfy the goals and objectives of S.B. 375. CONCLUSION: It is premature to reject and deny these applications based solely upon the unsupported and partial analysis provided by staff in the Staff Report. General principles of due process and equal protection require that an application such as this be afforded a full and complete analysis and completion of a CEQA analysis. However, in order for the Commission and the Council to consider this application, a CEQA document is essential. We urge the Commission to direct staff to process these applications in a thorough and complete manner, including the preparation of an adequate CEQA analysis. Our clients will respond immediately with the information requested to complete the application for Vesting Tentative Map approval. When staff has completed the required analysis, this project should be brought back to you so that both the Commission and the Council can make an informed decision. When you have the information, we feel confident you will recognize the public benefits of the project. Very truly yours, MILLER STARR REGALIA Wilson F. Wendt Wilson F. Wendt
WFW:jj cc: Leigha Schmidt, Senior Planner
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555CapitolMall,Suite1200 Sacramento,California95814 tel(916)5561531 fax(916)5561516 www.meyersnave.com
KrystenHicks AttorneyatLaw
MEMORANDUM
ViaEmail
DATE: TO: FROM: RE:
August 27, 2012 Chair Fardella and Members of the Planning Commission Krysten Hicks, Assistant City Attorney Sunnyside Estates: Response to Letter from Applicant
This memorandum is intended to supplement the information you received in the Planning Commission Staff Report (Staff Report) for Sunnyside Estates AP-11-810 (GP, RZ, SUB) (hereinafter Project). In addition, this will respond to the comments raised in the August 22, 2012 letter from Wilson Wendt on behalf of Discovery Builders (Letter), a copy of which was enclosed in your Planning Commissioner binder and emailed to you on Friday, August 24. CEQA. Review of a project under the California Environmental Quality Act (CEQA) is not required when a Project will be rejected or disapproved by a public agency.1 This CEQA exemption is intended to allow an initial screening of projects on the merits for quick disapprovals prior to the initiation of the CEQA process where the agency can determine that the project cannot be approved.2 The purpose of CEQA is to analyze the impacts of a project; if a project is not approved, there will be no impacts to the environment as a result of that project. If this CEQA exemption did not exist, applicants for a project would be required to undergo potentially costly and time consuming CEQA review even when City Staff has reviewed a project and determined it is not consistent with City policies or goals. Furthermore, the Letter references impacts of the Business Commercial Land Use;
1 2
15061(b)(4), citing 15270(a). 15270(a).
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANFRANCISCO SANTA ROSA FRESNO
To: From: Re: Date: Page:
MemotoChairFardellaandMembersofthePlanningCommission KrystenHicks SunnysideEstate:ResponsetoLetterfromApplicant August27,2012 2
however, those impacts are not relevant because the property is currently designated as Business Commercial in the General Plan. Any impacts of designating this parcel as Business Commercial would have been analyzed as part of the CEQA process for the General Plan prior to its adoption in 2001, and in subsequent amendments. Based on Staffs recommendation that the Planning Commission deny the request for a General Plan Amendment, Rezoning and Vesting Tentative Map, analysis of the Project pursuant to CEQA is not needed at this time. Should the Planning Commission disagree with Staff and instead believe the findings to approve the General Plan Amendment, Zoning Amendment and Subdivision Map applications can be made, the Commission would refer the matter back to staff for compliance with CEQA. It is then, during the CEQA review, that the impacts of the project would be analyzed. General Plan City Staff has provided a detailed analysis of the General Plan policies applicable to the Business Commercial land use designation, and how those policies apply to the proposed Project. The Staff Report clearly identifies applicable General Plan goals and policies related to the Business Commercial land use designation and the subject sub-area. The Report also identifies the findings applicable to a proposed change in zoning. A succinct summary of the facts as those apply to the proposed General Plan amendment can be found in Section 2 of Proposed Resolution 9916. Should you have any questions, please feel free to contact Leigha Schmidt or myself. We will also be available to answer questions at your Planning Commission meeting.
KH:KH Attachment
1957733.1
A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANFRANCISCO SANTA ROSA FRESNO
MINUTES OF A REGULAR MEETING OF THE PITTSBURG PLANNING COMMISSION August 27, 2013 A regular meeting of the Pittsburg Planning Commission was called to order by Chair Fardella at 7:03 p.m. on Tuesday, August 27, 2013, in the Council Chamber, City Hall, 65 Civic Avenue, Pittsburg, California. ROLL CALL Present: Commissioners Banales, Belleci-Shipe, Fardella, Fogleman, Gargalikis, Kelley, and Ohlson None Assistant City Manager Garrett Evans, Planning Manager/Secretary Dana Hoggatt-Ayers, Associate Planner Leigha Schmidt, Senior Civil Engineer Alfredo Hurtado, and Administrative Assistant to Director Kathy Comtois
Excused: Staff:
PLEDGE OF ALLEGIANCE Chair Gargalikis asked Patrice Belleci-Shipe to lead the Pledge of Allegiance. DELETIONS / WITHDRAWALS / CONTINUANCES There were no deletions, withdrawals or continuances. COMMENTS FROM THE AUDIENCE There were no comments from the audience. PRESENTATIONS There were no presentations.
DRAFT Commission Minutes August 27, 2013
CONSENT 1. Meeting Minutes of July 23, 2013 MOTION (Passed): Commissioner Fardella moved to approve the minutes and Commissioner Banales seconded the motion. The motion passed with 7 - 0. PUBLIC HEARING Item 2: Sunnyside Estates, AP-11-810 (GP, RZ, SUBD). This is an application by Jackie Seeno on behalf of Discovery Builders, Inc., requesting that the Planning Commission review a draft Mitigated Negative Declaration and recommend approval of: 1) a General Plan Amendment to change the land use designation of a vacant 4.4-acre parcel from Business Commercial to Medium Density Residential; and 2) rezoning of the 4.4-acre parcel from CS-O (Service Commercial with a Limited Overlay, Ord. 07-1284) District to RM (Medium Residential) District. The applicant is also requesting approval of a vesting tentative map to subdivide the parcel into 33 single family lots ranging from 2,874 square feet to 5,394 square feet. The subject site is located at the northeastern corner of Carion Court, north of Hampton Inn & Suites and the Mill Creek/Loveridge Center commercial development at California Avenue and Loveridge Road. Assessors Parcel No. 073-190-033. Associate Planner Leigha Schmidt presented the staff report along with a brief PowerPoint presentation showing the location and details of the proposed project. Ms. Schmidt said that staff recommended the Commission adopt Resolution No. 9916 denying General Plan Rezoning and Vesting Tentative Map Application No. 11-810, for the reasons stated in the staff report and the presentation. She also referenced e-mailed comments received from Ed Diokno and Bhupen Amin; both comments had been received after the agenda was published and expressed support of the staff recommendation for denial of the project. She advised that copies of the emails had been given to the Commissioners and made available to the public at the meeting. PUBLIC HEARING OPENED Chair Gargalikis called for the applicant to come forward to speak. Louis Parsons came forward to speak on behalf of the applicant, Jackie Seeno. Referencing the CEQA initial study, he said there were no environmental impacts in placing residential on the site. After failing to find a tenant for their previously approved commercial project on the site, he said, his company had discussed alternative uses to
2 DRAFT Commission Minutes August 27, 2013
develop on the property and decided on residential. He referenced his letter dated August 22, 2013, which was also attachment 12 to the staff report and listed his recommended findings in support of the project. He acknowledged the proximity of the site to the new school and to residential neighborhoods west and north of the school, along with the nearby industrial and retail uses, and he said he has observed development recently trending toward infill properties. He said that the availability of foreclosures has been declining recently, and his companys research indicated that there was a market for this type of housing. Randy Fischback, Dow Chemical Company Government and Public Affairs Director, 901 Loveridge Road, came forward to speak. He advised that Dow and its predecessor chemical production company had operated on the Loveridge Road site for 99 years and offered high wage and high tax paying jobs. He said that his company agreed with and endorsed the staff recommendation. He said he appreciated the open for business stance the city has taken toward his company. He said that if these houses were built, they would be the closest houses to Dow. Acknowledging the benefits and rarity of access to two rail lines and the State Route 4 freeway, he said that Dow and other industrial businesses near Dow were actively seeking opportunities to expand their facilities, or in Dows case, to build a new business park on some of their undeveloped acreage. He explained that Dow had 20 years ago purchased several hundred acres in order to provide a buffer between its plant and pending residential development. He compared industrial uses to airports, explaining that an airport that operated for many years before a residence was built nearby would still receive complaints about noise from those new residents. He advised that the Pittsburg plant was Dows most urbanized facility, and that approval of proximate projects like this housing development made his company question their plans to stay in this community. Once a property is developed as residential, you cannot go back to commercial, he said. PUBLIC HEARING CLOSED Commissioner Fardella said he reviewed the minutes from the September 2012 meeting on this item, and since the environmental analysis found no significant issues against the project, he had not changed his opinion in support of the proposal. He said also that since there was a new school nearby, with houses to the north and west of it, that there should be nothing going next to that school but residential development. Commissioner Fogleman concurred with the statements made by Commissioner Fardella. He said he did not observe anything around the site that would make him think the proposed residential project would not work there. Commissioner Ohlson said he agreed with staffs analysis. He supported retaining the commercial designation on the site as a means to restore a balance between jobs and housing. He believed that the city had plenty of housing, and that this would just be more
housing to exacerbate the imbalance. He said he thought the Commission should follow the General Plan and vote to affirm staffs recommendation of denial. Commissioner Banales said he agreed with Commissioner Ohlson and the information and recommendation in the staff report. He said he did not think the Commission could find that the housing project could be of benefit to the community. He was concerned that having houses there would generate a lot of noise complaints related to truck traffic and industrial operations, and that that activity would not make this site an attractive place to live. He did not believe that residential was the only compatible use to a school, suggesting that a retail business could also be compatible. It was unfortunate that the school was there and there was nothing that could be done about it, he said, but he did not feel it was very beneficial to have more people housed next to existing industry. He said he strongly opposed this project. In response to Commissioner Kelley, the applicant, Mr. Parsons, advised that his company had considered a mixed use project, with commercial below and apartments above, but they did not think it was marketable. Chair Gargalikis said that he had called a couple of commercial real estate brokers, and his sources indicated that there was over a 40 percent commercial vacancy rate in Pittsburg. He said he did not believe it made sense to build more commercial development on the site when there were a lot of commercial places sitting empty all over town now. Commissioner Fogleman said there was a similar situation on West 10 Street, where housing was built near the power plant. He said the houses have worked out fine. Referencing the option for ground floor commercial under apartments, he said that that type of building was built on Railroad Avenue, and the commercial spaces were empty. Commissioner Banales, speaking to the comments about the current viability of commercial projects in the city, said that there was no certainty that currently vacant commercial spaces would not be occupied in the next five to 10 years. He said that the General Plan is a 20-year document, and the Planning Commissions recommendations to change the General Plan carry some weight with the City Council. To rezone this site to allow development of housing would eliminate the possibility of restoring it to a commercial use. Mr. Banales also expressed concern about the proposed CEQA mitigation measure to utilize ventilation system filters to reduce outside air pollution inside the homes. Specifically, he noted that the measure was only effective when the windows were closed, and he was concerned that residents would be subjected to poor indoor air quality if the filters were not properly maintained by residents in the long-term. Commissioner Belleci-Shipe asked if Dow had made an offer to the developer to buy the subject site. The Chair asked Mr. Fischback to come forward. Mr. Fischback said that
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Dow was not interested in purchasing the subject site, which was not contiguous to their plant property. His company was concerned about the entire Loveridge subarea retaining a commercial designation. Chair Gargalikis said he believed that the city would benefit from the property taxes, construction jobs and building permit revenue that the 30 housing units would bring. The future was unknown, and the city would benefit from the permit revenue now. MOTION (Failed): Commissioner Ohlson moved to adopt Resolution No. 9916 denying the project as recommended by staff. Commissioner Banales seconded the motion. Commissioners Banales, Kelley and Ohlson voted in favor of the motion. The motion failed due to lack of a majority vote. Secretary Hoggatt-Ayers clarified the process of denying the motion and the recommendation going to City Council for consideration. Commissioner Banales said staff has stated in the staff report that the Commission must state their findings for recommending approval of this project. He felt it would be ideal to hear the findings for making such a recommendation for the project. 2
nd
MOTION (Passed):
Commissioner Fardella said he believed that the project was appropriate infill development, as it was next to a school, and commercial development was inappropriate. He moved to recommend City Council approval of the General Plan amendment and rezoning applications. His motion included direction to staff to prepare a resolution utilizing the findings from the Stanford Place II project as a basis, and to execute that resolution without further review by the Planning Commission. Commissioner Fogleman seconded the motion. The motion passed 4 3 with Commissioners Fardella, Fogleman and Gargalikis voting in favor of the motion. Commissioner Belleci-Shipe asked, about the West 10 Street subdivision that was brought up earlier in the discussion. Secretary Ayers said the subdivision was called Heritage Pointe. The property was zoned industrial, and the zoning was amended in 1991 to add residential to the list of allowed industrial uses there. The city approved a single-family project for the site in 2002, and it was built soon thereafter. At this time, Commissioner Fardella excused himself from the rest of meeting. ZONING ADMINISTRATOR REPORTS
DRAFT Commission Minutes August 27, 2013
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Sunnyside Estates. Application No. 11-810 (GP, RZ, SUB)
Location: Northeastern corner of Carion Court. APN: 073-190-033.
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/5/2013 Mayor and Council Members Joe Sbranti, City Manager Introduce and Waive First Reading of a City Council Ordinance Adding Chapter 8.07 Plastic Bag Regulation to the Municipal Code and Adopt a Related Negative Declaration 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg will consider the adoption of an Ordinance to regulate the use of single-use plastic bags. Prior to acting on the Ordinance, the City Council will consider adoption of the draft Negative Declaration, prepared pursuant to the California Environmental Quality Act, for this Ordinance. FISCAL IMPACT Approval of this Ordinance will result in less staff time removing plastic bag litter and blight from creeks, trees, and waterways such as the Municipal Marina. In addition, this Ordinance will assist in compliance with the Citys National Pollutant Discharge Elimination System (NPDES) permit, overseen by the California Regional Water Quality Control Board, potentially avoiding future fines. Associated costs with enforcing the Ordinance will be covered by the assessed fines for violation of the ordinance. RECOMMENDATION Adopt the attached resolution adopting a Negative Declaration for the Plastic Bag Regulations ordinance. Introduce, waive further reading and pass to the second reading the attached Ordinance approving the addition of Chapter 8.07 Plastic Bag Regulation into the Pittsburg Municipal Code. BACKGROUND The indiscriminate littering of single-use plastic bags is an increasing blight and water quality problem in the City and generally. Although single-use plastic bags are inexpensive and have other useful qualities, they have a propensity to become litter that overshadows
these benefits. Due to their expansive and lightweight characteristics, wind easily carries these bags airborne. They end up entangled in bushes, tossed around along streets and freeways, caught on fences and trees, and in local waterways. Because these bags are often white or brightly colored and difficult to collect, plastic bag litter is a greater eyesore and nuisance than other littered materials. These litter and water quality issues are particularly acute in Pittsburg, which is located along the Delta, contains a marina, has a regional highway passing through the City, and borders an active landfill along a portion of its city boundary. Most single-use plastic bags do not biodegrade, but instead persist in the environment for hundreds of years. Rather than breaking down, they slowly break up through abrasion, tearing, and photo-degradation into toxic plastic bits that contaminate soil and water, entering the food web where marine and domestic animals inadvertently ingest them endangering their health. Recent studies indicate that single-use plastic bags contain many different additives such as polychlorinated biphenyls (PCBs), dichlorodiphenyl/dichloroethylene (DDE) and other toxic substances. These toxic substances present in plastics are known to cause death or reproductive failure in fish, shellfish, wildlife, and in the humans ingesting the fish. Plastics have been found to concentrate these toxic chemicals at levels of up to one million times the levels found in seawater. The City is next to the Delta which is connected to the worlds oceans through its stormwater system and wind streams. Plastic bag litter from the City also contributes to the problem of causing harm to marine and domestic animal life as well as to recreational activities within these bodies of water. Globally, an estimated 500 billion to one trillion petroleum-based plastic bags are used each year, which equals over one million per minute, the production and use of which uses over 12 million barrels of oil. California's Department of Resources Recycling and Recovery (CalRecycle) estimates that Californians use nearly 20 billion single-use plastic bags per year and discard over 100 plastic bags per second. Further, the Environmental Protection Agency estimates that only five percent of the plastic bags are recycled. According to a 2011 CalRecycle report on plastic bag and film recycling collected in California stores, single-use plastic bags were recycled at a three percent rate in 2009. Despite establishing a statewide infrastructure for plastic bag recycling, Assembly Bill 2449 (Levine, 2006 Statues), recycling efforts have failed. Furthermore, the majority of comingled plastics collected for recycling was film and shrink wrap, at 63.2 percent. Only 5.9 percent of the mixed plastics collected was actually single-use plastic bags. AB 2449, which became effective July 1, 2007, requires all large supermarkets and retail stores to make available atstore containers for the collection and recycling of single-use plastic bags, and reusable bags for purchase. The goal was to encourage the use of reusable bags by consumers and retailers and to reduce the consumption of single-use carryout bags. Although this requirement may increase the recycling rate of single-use plastic bags (currently at less than five percent), no recycling rate benchmarks were established. The City is part of a countywide regional stormwater permit. This federally mandated permit, identified under the federal National Pollutant Discharge Elimination System (NPDES), is overseen by the California Regional Water Quality Control Board, San Francisco Bay Region. The Municipal Regional Stormwater NPDES Permit requires the City to develop control measures and best management practices such as trash reduction ordinances as identified in the permit, in order to demonstrate a 70 percent trash load reduction by 2017
and 100 percent compliance by 2022. The passage of this Ordinance will assist the Citys efforts to comply with this permit. Comments received from the public regarding the proposed ordinance are attached to this report. SUBCOMMITTEE FINDINGS The Land Use Sub-Comittee was presented with the Plastic Bag Ordinance on May 20, 2013 and directed staff to proceed with implementation. STAFF ANALYSIS Staff participated in a countywide model ordinance committee. The proposed Ordinance has been modified from the model distributed to cities and county staff. The Ordinance would: Prohibit distribution of single-use plastic bags by all retail establishments. This includes department stores, clothing stores, liquor stores, drug stores, convenience stores, book stores, specialty stores, etc. The ordinance excludes restaurants, take-out food establishments, or any other business that receives 90 percent of its revenue from the sale of prepared food to be eaten on or off premises. The ordinance also excludes charitable reuse organizations. Require retail establishments to charge a minimum of 10 cents for each paper bag at the point of sale. The charge increases to 15 cents one year after the effective date of the Ordinance and would increase to 25 cents two years later. The charge provides an incentive to shoppers to avoid using paper bags and could be avoided by a customer bringing his or her own bags to shop. Customers receiving WIC and Cal Fresh stamps would be exempt from paying this charge. Retail establishments would be required to keep a record of paper bags sold and report this to the City. Require carryout paper bags to contain at least 40 percent post-consumer recycled content. Allow exceptions for protective plastic and paper bags without handles for meat, fresh produce, prepared foods, and prescription medications as well as other items identified in the Ordinance. Garment bags are also exempt. Establish fines for noncompliance. Fines consist of one hundred dollars for the first violation after a written warning notice, two hundred dollars for a second violation within 12 months, five hundred dollars for a third and any subsequent violations within 12 months. This is consistent with the Pittsburg Municipal Code, Chapter 1.20.030. Take effect January 15, 2014. The Ordinance is subject to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.), and the State CEQA Guidelines. Pursuant to the provisions of CEQA and the State CEQA Guidelines, City staff prepared an Initial Study for this Ordinance, and based on the analysis in that study, the Planning Manager determined that adoption of the Ordinance would not result in any potentially significant adverse effects on the environment. Rather, staff anticipates that adoption of and compliance with the Ordinance would result in beneficial impacts in the areas of Aesthetics and Hydrology/Water Quality, as a result of a reduction in the number of stray single-use plastic bags littering the City, including streets, creeks and the delta. Because the proposed action is not anticipated to have adverse environmental effects, City staff prepared a draft Negative Declaration
(ND). The City Council must consider the information in the Initial Study and adopt the draft ND prior to taking action on the Ordinance. To notify the public of the Councils consideration of the environmental analysis prepared for the Ordinance, staff published in the East County Times a Notice of Intent to consider adoption of the ND. Copies of that Notice were also emailed to interested parties requesting notice, mailed to businesses that might be affected by the Ordinance, and published on the City website. Notice was published, emailed or mailed on or prior to August 20, 2013, in order to provide 20 days for individuals to provide comments on the draft ND. No comments have been received on the ND as of the date this staff report was prepared. In addition to notice of the draft ND, notice of tonights public hearing was similarly published and mailed or emailed no fewer than 14 days before tonights meeting. Staff believes approximately 100 businesses would be affected by the Ordinance. Staff received calls last year from Mi Pueblo and Safeway inquiring whether the City was planning to pass a plastic bag ordinance since they already managed implementation of similar ordinances in other cities and counties where their stores are located. Reusable bags are readily available from numerous sources and vendors. Many grocery and other retail establishments throughout the City already offer reusable bags. The City has distributed reusable bags at multiple venues over many years and will continue to do so. Under the Ordinance, affected businesses may also offer their customers access to empty boxes for carrying groceries from the store, similar to the business model used by Costco and other warehouse stores. In addition, education into the community has been occurring. An Earth Science teacher at Rancho Medanos Junior High School commenced a project in 2013 to mitigate ocean plastic pollution with emphasis and education on ways to replace the use of single-use plastics with reusable materials. They titled the project Ocean Plastic Pollution and requested and received reusable bags from the City and Mt. Diablo Recycling for the students and parents. This is the third time this course has been taught over the past few years. In addition, this pollutant course is taught to fourth grade classes through watershed programs sponsored by the City. Many cities and counties in the state of California have adopted ordinances to reduce plastic bag litter as well as to promote sustainability. Passage of the Plastic Bag Regulation Ordinance would not only decrease blight, but would provide compliance with the Citys NPDES permit for trash reduction. It will also address other water quality issues since plastic bags are not biodegradable, may entangle wildlife, negatively impact the visual quality of creeks and the Delta, and may break into small pieces that can enter the food chain harming marine and domestic animals. The ordinance encourages a change in behavior for shoppers as well as retailers; however, the challenges are outweighed by the benefits of reducing litter and clean-up costs paid by taxpayers, preserving wildlife and protecting human health. Reducing plastic bag litter provides a positive image of a clean and healthy community, enhances the Citys recreational economy and economic development, and improves the quality of life for all residents. Staff received a number of comments from the public as of September 5, and has attached them to this report as Exhibit C. ATTACHMENTS: Exhibit A Resolution Adopting a Negative Declaration for the Plastic Bag Regulation Ordinance Exhibit A.1 - Negative Declaration and Initial Study Plastic Bags
Exhibit B Ordinance Adding Chapter 8.07 Plastic Bag Regulation to the Municipal Code Exhibit C - Comments received as of September 5, 2013
Report Prepared By: Laura Wright, Administrative Officer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Adopting a Negative Declaration for the Plastic Bag Regulation Ordinance ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the City Council of the City of Pittsburg (City Council) recognizes that single-use plastic bags have increasingly become a source of litter in the Citys creeks, trees and waterways such as the Municipal Marina, resulting in blight and the potential for water quality impacts; and WHEREAS, in response to the above concerns, the City prepared a draft ordinance to regulate single-use plastic bags (Ordinance, or project). The draft Ordinance is on file with the City Clerks office and available for review during normal business hours; and WHEREAS, adoption of the Ordinance is a project subject to the California Environmental Quality Act (CEQA, Public Resources Code section 21000 et seq.). Accordingly, staff prepared an Initial Study to determine whether the project would have the potential to result in significant adverse environmental effects. Based on the Initial Study, staff prepared a Negative Declaration, finding that the project would not have the potential for significant impacts. In particular, the Initial Study identified potentially beneficial impacts in the areas of Aesthetics and Hydrology/Water Quality as a result of a reduction in the number of stray, single-use plastic bags in the City that would occur with the adoption of and compliance with the Ordinance. The Negative Declaration is attached as Exhibit A, incorporated herein by reference, and available for public review at the City Clerks office, City Hall, 65 Civic Avenue, Pittsburg, California during normal business hours; and WHEREAS, in accordance with CEQA and the CEQA Guidelines, the City circulated the Negative Declaration for the required 20-day public review and comment period beginning on August 20, 2013. The related Notice of Intent to Adopt a Negative Declaration for the Ordinance was delivered to the County Clerk; was posted at City Hall and on the Public Reviews page of the City website; and was mailed or emailed to individuals and organizations who previously filed written request for such notice, and to businesses in the City that might be affected by the Ordinance. The Notice specified the beginning and ending dates of the public review period on the proposed Negative Declaration (ND); a brief description of the Ordinance; the location where information on the Ordinance and other supporting documentation were available for public review; and the date, time and location of the September 16, 2013, meeting at which the City Council was anticipated to consider adoption of the ND and approval of the proposed Ordinance; and WHEREAS, staff prepared a staff report dated September 16, 2013 that analyzed the project and the Negative Declaration. As of the date the staff report was prepared, the City had received no public comments; any comments received during the public review period were presented to the Council prior to their consideration of the project; and
Resolution No. 13-
Page 1 of 2
September 16, 2013
WHEREAS, the City Council held a public hearing on September 16, 2013, at which time all interested parties had the opportunity to be heard. Following the public hearing, the City Council considered the Negative Declaration, the staff report and all testimony and comments before taking any action on the ordinance. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Recitals.
The above recitals are true and correct and hereby incorporated by reference. Section 2. Adoption of Negative Declaration.
The City Council hereby adopts the Negative Declaration attached as Exhibit A, based on the following findings. A. On the basis of the whole record before it (including the Initial Study and any comments received) the City Council finds that there is no substantial evidence that the Plastic Bag Regulation ordinance will have a significant effect on the environment. B. The Negative Declaration reflects the Citys independent judgment and analysis on the potential for significant environmental effects from adoption and implementation of the Plastic Bag Regulation ordinance. C. The location and custodian of the documents and other materials, including background information, is the City Clerks office, City Hall, 65 Civic Avenue, Pittsburg, PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
ATTACHMENT Exhibit A.1: Negative Declaration (including related Initial Study)
Resolution No. 13-
Page 2 of 2
September 16, 2013
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: An Ordinance of the City of Pittsburg Adding Chapter 8.07 Plastic Bag Regulation to the Municipal Code ) ) )
ORDINANCE NO. 13-
The City Council of the City of Pittsburg DOES ORDAIN as follows: SECTION 1. RECITALS A. Globally, an estimated 500 billion to one trillion petroleum-based plastic bags are used each year resulting in the use of over 12 million barrels of oil. California's Department of Resources Recycling and Recovery (CalRecycle) estimates that Californians use nearly 20 billion single-use plastic bags per year and discard over 100 hundred plastic bags per second. Further, the Environmental Protection Agency estimates that only five percent of the plastic bags in California and nationwide are currently recycled. B. According to a 2011 CalRecycle report on plastic bag and film recycling collected in California stores, single-use plastic bags were recycled at a three percent rate in 2009. Despite establishing a statewide infrastructure for plastic bag recycling, recycling efforts have failed. Furthermore, the majority of comingled plastics collected for recycling was film and shrink wrap, at 63.2 percent. Only 5.9 percent of the mixed plastics collected was actually single-use plastic bags. C. Recent studies indicate that single-use plastic bags contain many different additives such as polychlorinated biphenyls (PCBs), dichlorodiphenyl/dichloroethylene (DDE) and other toxic substances. Plastics have been found to concentrate these toxic chemicals at levels of up to one million times the levels found in seawater. D. Most single-use plastic bags do not biodegrade, but instead persist in the environment for hundreds of years. Rather than breaking down, they slowly break up through abrasion, tearing, and photo-degradation into toxic plastic bits that contaminate soil and water, entering the food web where marine and domestic animals inadvertently ingest them endangering their health. E. The Delta is connected to the worlds oceans through its stormwater system and wind streams, and plastic bag litter from the City contributes to the problem of causing harm to marine and domestic animal life as well as to recreational activities within these bodies of water.
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F. The Citys federally mandated National Pollutant Discharge Elimination System (NPDES) permit, is overseen by the California Regional Water Quality Control Board, San Francisco Bay Region, and identifies a zero total maximum daily allowance for trash. The Long-term Trash Load Reduction permit condition requires cities to develop a plan with items such as trash reduction ordinances in order to demonstrate a 70 percent trash load reduction by 2017 and a 100 percent compliance by 2022. G. The City of Pittsburg is located along the Delta and contains creeks and other waterways as well as a marina, has a regional highway running through it (State Highway 4) and borders an active landfill along a portion of the city boundary. In addition to normal littering and water quality concerns, these circumstances make plastic bag litter a particular concern for the City. H. Reusable bags are readily available from numerous sources and vendors. Many grocery and other retail establishments throughout the City of Pittsburg already offer reusable bags. The City has been distributing reusable bags at multiple venues over many years. SECTION 2. California Environmental Quality Act. On September 16, 2013, the City Council passed Resolution _____ adopting a Negative Declaration for the Plastic Bag Regulations ordinance. SECTION 3. The City Council finds and determines that: 1. The recitals set forth above are true and correct statements. 2. The recitals above and these findings are based on the entire record, including the Negative Declaration, the September 16, 2013 City Council staff report, testimony received at the September 16, 2013 City Council public hearing and other information in the City project file. 3. The use of singleuse plastic carryout bags by consumers at retail establishments is detrimental to the environment, public health and welfare. 4. The manufacture and distribution of singleuse plastic and paper carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. 5. Singleuse plastic carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay and the ocean. 6. Singleuse carryout plastic bags provided by retail establishments impose unseen costs on consumers, local governments, the state and taxpayers and constitute a public nuisance. 7. The City of Pittsburg has an obligation to protect the environment, the economy, and public health.
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SECTION 4. Adding Chapter 8.07 Plastic Bag Regulation to Title 8 Health and Sanitation of the Pittsburg Municipal Code Title 8 Health and Sanitation of the Pittsburg Municipal Code is hereby amended to add Chapter 8.07 Plastic Bag Regulation which shall hereby read as follows: Article I. General Provisions Sections: 8.07.010 8.07.020 8.07.030 8.07.040 8.07.050 8.07.060 8.07.070 8.07.080 Purpose and findings. Definitions. Plastic Carryout Bags Prohibited. Permitted Bags. Regulation of Recycled Paper Carryout Bags. Use of reusable bags. Exempt Customers. Enforcement and violation-penalty.
8.07.010 Purpose and Findings. An ordinance of the City of Pittsburg relating to regulating the use of plastic carryout bags and recyclable paper carryout bags and promoting the use of reusable bags within the City. 8.07.020 Definitions. The following definitions apply to this ordinance: Carryout Bag means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Carryout Bags do not include bags without handles provided to the Customer to transport produce, bulk food or meat from a produce, bulk food or meat department with in a store to the point of sale. City Facility means a park, building or other facility located on City property or operated by the City. "Customer" means any person purchasing goods from a Retail Establishment. Nonprofit Charitable Reuser means a charitable organization, as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. "Operator" means the person in control of, or having the responsibility for, the operation of a Retail Establishment, which may include, but is not limited to, the owner of the Retail Establishment.
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"Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. "Plastic Bag" means any bag made predominantly of plastic derived from either petroleum or a biologically-based source, such as corn or other plant sources, which is provided to a Customer at the point of sale. Plastic bags includes: compostable and biodegradable bags but does not include Reusable Bags, Produce Bags, or Product Bags. "Postconsumer Recycled Material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer Recycled Material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. Prepared Food means foods or beverages which are prepared on premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared Food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed or mixed. "Produce Bag" or "Product bag" means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a Retail Establishment or to prevent such food items from coming into direct contact with other purchased items. Public Eating Establishment means a restaurant, take-out food establishment, or any other business that receives 90% or more of its revenue from the sale of Prepared Food to be eaten on or off its premises. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. "Recycled Paper Carryout Bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100%) recyclable overall and contains a minimum of forty percent (40%) Postconsumer Recycled Material; (3) is accepted for recycling in curbside programs in the City of Pittsburg; (4) displays the word "Recyclable" in a highly visible manner on the outside of the bag; and (5) and displays the percentage of Postconsumer Recycled Material used. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: has a minimum lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; is machine washable or capable of being cleaned and disinfected; does not contain lead, cadmium, or any other heavy metal in toxic amounts as defined by applicable State and Federal standards and regulations for packaging or reusable bags; and if made of plastic, is a minimum of at least 2.25 mils thick. Retail Establishment means any commercial establishment that sells perishable and
nonperishable goods including, but not limited to, clothing, food and personal items directly to the Customer; and is located within or doing business within the geographical city/county limits of the City of Pittsburg. Retail Establishments does not include Public Eating Establishments or Nonprofit Charitable organizations. Single-Use Carryout Bag means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-Use Plastic Carryout Bags and Recycled Paper Bags however: (1) Do not include bags that are integral to the packaging of the product. (2) Do not include bags without handles provided to the customer to transport produce, bulk food or meat from produce, bulk food or meat department within a store to the point of sale. (3) Do not include bags without handles provided to the customer to hold prescription medication dispensed from a pharmacy. (4) Do not include bags without handles provided to the customer to protect a purchased item from damage or contaminating other purchased items at check-out (examples include small paper bag for greeting cards, paper bags to protect bottles, plastic bags around ice cream or other wet items, paper bags used to weigh candy, etc.). 8.07.030 Plastic Carryout Bags Prohibited. A. No Retail Establishment shall provide a Single-Use Carryout Bag to a Customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provide in this Ordinance. B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to Produce Bags or Product Bags. 8.07.040 Permitted Bags. All Retail Establishments shall provide or make available to a Customer only Recycled Paper Carryout Bags or Reusable Bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this ordinance. Nothing in this ordinance prohibits Customers from using bags of any type that they bring to the Retail Establishment themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. 8.07.050 Regulation of Recycled Paper Carryout Bags. A. Any Retail Establishment that provides a Recycled Paper Carryout Bag or Reusable Bag to a Customer must charge the Customer a minimum charge of 10 cents ($0.10) for each bag provided, except as otherwise provided in the ordinance. B. One year after the ordinance is effective a Retail Establishment may make available for sale to a Customer a Recycled Paper Carryout Bag for a minimum charge of fifteen cents ($0.15)
C. Two years after the ordinance is effective a Retail Establishment may make available for sale to a Customer a Recycled Paper Carryout Bag for a minimum charge of twentyfive cents ($0.25). D. All Retail Establishments must indicate on the Customer receipt the number of Recycled Paper Carryout Bags provided and the total amount charged for the bags. E. All monies collected by a Retail Establishment under this ordinance will be retained by the Retail Establishment and may be used for any of the following purposes: 1. costs associated with complying with the requirements of this ordinance, 2. actual costs of providing Recycled Paper Carryout Bags, or 3. costs associated with a Retail Establishment's educational materials or education campaign encouraging the use of Reusable Bags, if any. 4. fund Reusable Bags giving-aways during limited-time store promotions. F. Retail Establishments are encouraged to provide a minimum credit of five cents ($0.05) for each Reusable Bag brought to the Retail Establishment by Customers who bring Reusable Bags to the Retail Establishment for use. G. All Retail Establishments must report to the City Manager, on an annual basis, the total number of Recycled Paper Carryout Bags provided, the total amount of monies collected for providing Recycled Paper Carryout Bags, and a summary of any efforts a Retail Establishment has undertaken to promote the use of reusable bags by Customers in the prior year. Such reporting must be done on a form prescribed by the City Manager, and must be signed by a responsible agent or officer of the Retail Establishment confirming that the information provided on the form is accurate and complete. All reporting must be submitted no later than 45 days after the end of each calendar year. H. If the reporting required is not timely submitted by a Retail Establishment, such Retail Establishment shall be subject to the fines set forth in Section 8.07.080 below. 8.07.060 Use of reusable bags. A. All Retail Establishments must provide Reusable Bags to Customers, either: 1. for sale; or 2. at no charge during limited-time store promotions. B. Each Retail Establishment is strongly encouraged to educate its staff to promote Reusable Bags and to post signs encouraging Customers to use Reusable Bags as well as reusable produce bags. 8.07.070 Exempt Customers. A Retail Establishment must provide at the point of sale, free of charge, either reusable bags or Recycled Paper Carryout Bags or both, at the Retail Establishment's option, to any Customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of
Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, the State Department of Social Services Food Stamp program, other government-subsidized purchase programs for low-income residents. 8.07.080 Enforcement and violation-penalty. A. Violation of this Ordinance is hereby declared a Public Nuisance; this Ordinance shall be enforced in accordance with Municipal Code Section 1.20.030, except as modified below. B. The City Manager and Code Enforcement Officer have primary responsibility for enforcement of this ordinance. The City Managers Office is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this ordinance, including, but not limited to, investigating violations, issuing citations, assessing fines and entering the premises of any Retail Establishment during business hours. Other City staff may assist with this enforcement responsibility by entering the premises of a Retail Establishment as part of their regular inspection functions and reporting any alleged violations to the City Manager. C. If the City Manager or Code Enforcement Officer determines that a violation of this ordinance has occurred, he/she shall issue a written citation to the Operator of a Retail Establishment that a violation has occurred and the potential penalties that will apply for future violations. D. Any Retail Establishment that violates or fails to comply with any of the requirements of this ordinance after a written citation has been issued for that violation shall be guilty of an infraction. E. If a Retail Establishment has subsequent violations of the ordinance that are similar in kind to the violation addressed in a written citation, the following penalties shall be imposed and shall be payable by the Operator of the Retail Establishment to the City of Pittsburg: 1. A fine not exceeding one hundred dollars ($100.00) for the first violation after the written citation is given; 2. A fine not exceeding two hundred dollars ($200.00) for a second violation of the same ordinance section within 12 months; or 3. A fine not exceeding five hundred dollars ($500.00) for a third and any subsequent violations of the same ordinance section within 12 months. a. A fine shall be imposed for each day a violation occurs or is allowed to continue. b. All fines collected pursuant to the ordinance shall be deposited in the Police Support Services Administrative Citations Account to assist Code
Enforcement with its costs of implementing and enforcing the requirements of the ordinance. c. Any Retail Establishment Operator who receives a written citation or is assessed a fine may request an administrative review of the accuracy of the determination or the propriety of any fine assessed, by filing a citation of appeal with the City Manager no later than 30 days after receipt of a written citation or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal, and an appeal fee in the amount set by resolution of the City Council. Failure to timely request a hearing or to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. The appeal will be heard by a Hearing Officer designated by the Code Enforcement Officer. d. The Hearing Officer shall conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the City of Pittsburg, and shall give the appellant 10 business days prior citation of the date of the hearing. The Hearing Officer may sustain, rescind, or modify the written citation or fine, as applicable, by written decision. The written decision shall be served on the appellant. The Hearing Officer shall have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the Hearing Officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. SECTION 5. Severability. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional, such section or portions shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 6. No Conflict with Federal or State Law. Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. SECTION 7. Effective Date. This ordinance shall be in full force and effective on January 15, 2014. SECTION 8. Publication.
The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on September 16, 2013, and was adopted and ordered published at a meeting of the City Council held on October 21, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
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CITY OF PITTSBURG CITY COUNCIL/AGENCY CONCURRENT MEETING MINUTES DATE: August 19, 2013
LOCATION: Council Chambers, City Hall, 65 Civic Avenue, Pittsburg, CA 94565 CITY COUNCIL/AGENCY MEMBERS Nancy Parent, Mayor/Chair Salvatore Evola, Vice-Mayor/Chair Dwaine Pete Longmire, Council/Agency Member Ben Johnson, Council/Agency Member Will Casey, Council/Agency Member Joanne Alvergue, Agency Member VACANT, Agency Member APPOINTED OFFICIALS Joe Sbranti, City Manager/Executive Director Ruthann Ziegler, City Attorney/Legal Counsel Alice E. Evenson, City Clerk/Agency Secretary (elected) James Holmes, City Treasurer (elected) CALL TO ORDER Mayor Parent called the meeting of the City Council to order at 7:00 P.M. in the City Council Chambers at City Hall, 65 Civic Avenue, Pittsburg, CA after having convened for Closed Session at 5:45 P.M. for the following items: 1. CONFERENCE WITH LABOR NEGOTIATORS (Section 54957.6):
Agency designated representatives: Joe Sbranti, Neville Vania; Employee organizations: American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Management/Professional/Confidential Unit; American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Miscellaneous A Unit; and Teamsters Local 856 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION FOR CITY COUNCIL AND SUCCESSOR AGENCY (Paragraph (1) of Subdivision (D) of Section 54956.9): Pittsburg Unified School District vs. City of Pittsburg et al., Contra Costa County Superior Court Case No. C13-00341 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION FOR CITY COUNCIL (Paragraph (1) of Subdivision (D) of Section 54956.9):
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Cristina Fridia/James Holland vs. City of Pittsburg, Contra Costa County Superior Court Case No. C13-01537 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Significant exposure to litigation pursuant to paragraph (2) subdivision (d) of Section 54956.9): Two (2) cases Mayor Parent stated there was no reportable action taken in Closed Session. ROLL CALL All Members were present. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited. PROCLAMATIONS National Night Out Chief Brian Addington accepted the proclamation for National Night Out which was held at Small World Park on August 6. The event had the largest turnout ever, and the new Police Department mascot, BOLO, was introduced. Pride in Pittsburg Proclamations were given to those families that have volunteered over the years to host exchange students from Pittsburgs Sister Cities. PRESENTATION Business Improvement District Harry York, CEO of the Chamber of Commerce, gave an overview of the Business Improvement District (BID) for the year, and outlined the plan for the upcoming year. COUNCIL MEMBER REPORTS/REMARKS Member Johnson attended National Night Out, veterans meetings, a meeting with the City Attorney, the Shimonoseki Sister City students exchange welcoming event, the PUSD subcommittee meeting, Old Town car show, and groundbreaking for the new Heights Elementary School. Mayor Parent attended the Shimonoseki students exchange welcoming event and the PUSD subcommittee meeting as well as the ribbon cutting for the remodeled library, and the performance of Aladdin on Friday at the California Theatre by the youth theater camp. The next event at the California Theatre is on September 12, a car show night, with
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the showing of a sing-along version of the movie Grease. The Culinary Crawl is sold out for the rest of the season. CITY MANAGER REPORTS/REMARKS City Manager Sbranti reported on the citizen who attended the July 15 meeting with concerns about a parking citation. Further inquiry determined that the citizen had not displayed his handicap placard which resulted in the citation. Upon proof of his possession of a placard, he received a reduced fee. Further to this citizens prior comments, the County Office of Revenue formerly processed all citations. Upon the Countys decision to discontinue this service, the City contracted with the one company, Clancy, that had experience with parking citations and was the most cost effective to process and handle citations for the City. CITIZENS REMARKS Giovanni Flores, Concord, coordinator of the 2013 Summer Youth Employment Program at the County Workforce Development Department, thanked the City for allowing summer internships for their clients. Armani Green, participant of the 2013 Summer Youth Employment Program, also thanked the City for the opportunity given him, and stated he now had better direction for needed life skills through the Future Build Program. SOUTHWEST GHAD II MEETING PUBLIC HEARING 7. Conduct a Public Hearing to Consider Increasing the Assessment Within the Toscana Subdivision; Adopt a Resolution Calling for an Election for Toscana Landowners; and Adopt a Resolution Determining the Election Results, Authorizing the Levy and Collection of an Additional Assessment upon the Toscana Properties Executive Director Sbranti outlined the process needed to conduct the election and increase the assessment. On motion by Member Johnson, seconded by Member Longmire to adopt a Resolution Calling for an Election for Toscana Landowners, and carried unanimously. City Clerk Evenson asked if anyone had ballots to submit. Seeing none, she opened the two ballots previously received and announced the results as follows: 1 parcel 57 parcels 58 parcels Aye Aye Total Aye votes 58; none opposed.
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Chair Parent opened the Public Hearing. There being no one to speak to the issue, Chair Parent closed the Public Hearing. On motion by Member Johnson, seconded by Chair Parent to adopt a Resolution Determining the Election Results, Authorizing the Levy and Collection of an Additional Assessment upon the Toscana Properties, and carried unanimously. CITY COUNCIL MEETING PUBLIC HEARING 8. Receive Triennial Report on Drinking Water Public Health Goals The Triennial Report on Drinking Water Public Health Goals was received and filed. 9. Introduction and Waive First Reading of an Ordinance Amending the Municipal Code Title 5 Business Licenses and Regulations Relating to Charitable and Nonprofit Organizations and Exemptions Mayor Parent opened the Public Hearing. There being no one to speak to the item, Mayor Parent closed the Public Hearing. On motion by Member Johnson, seconded by Member Casey to adopt and carried unanimously. CONSIDERATION 10. By Minute Order, Select a Commission Appointment to the Housing Authority
On motion by Member Longmire, seconded by Vice-Mayor Evola, to appoint Willie Mingo to the Housing Authority, and carried unanimously. 11. Adoption of a City Council Resolution Approving the Second Amendment to the Memorandum of Understanding between the City of Pittsburg and West Coast Home Builders, Inc., et al. On motion by Member Johnson, seconded by Member Longmire to adopt and carried unanimously. 12. Adoption of a City Council Resolution Approving a Revised Third Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing Authority On motion by Vice-Mayor Evola, seconded by Member Longmire to adopt and carried unanimously.
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CONFLICT OF INTEREST DECLARATION There were no conflict of interest declarations. COMBINED PITTSBURG ARTS AND COMMUNITY FOUNDATION, PITTSBURG POWER COMPANY, SUCCESSOR AGENCY, SOUTHWEST PITTSBURG GHAD II, AND CITY COUNCIL CONSENT CALENDAR On motion by Member Johnson, seconded by Vice Mayor/Chair Evola to adopt and carried unanimously. 13. Minutes of July 15, 2013
14. Denied Claim #2127A Montes de Oca, Raymundo; Claim #2127B Ochoa Gallego, Erica; Claim #2137 McDonald-Randolph, Anthony; Claim #2139 - Guerrero, Mario; Claim #2140 Bereknyei, Imre 15. Adopt Pittsburg Power Company Resolution Approving the Carryover of FY 2012/13 Designated Operating Budget Balances into the FY 2013/14 Budget 16. Adopt Southwest Pittsburg GHAD II Resolution Approving the Carryover of FY 2012/13 Designated Operating Budget Balances into the FY 2013/14 Budget 17. Adopt Pittsburg Arts and Community Foundation, Inc. Resolution Approving the Carryover of FY 2012/13 Designated Operating Budget Balances into the FY 2013/14 Budget 18. Adopt City Council Resolution Approving the Carryover of FY 2012/13 Designated Operating Budget Balances into the FY 2013/14 Budget 19. Adoption of a City Council Resolution for Approval of the Business Improvement District Contract with the Pittsburg Chamber of Commerce for Fiscal Year 2013-2014 20. Adoption of a City Council Resolution Accepting Contract 2012-01, Cumberland Street Paving and Parking Project as Complete and Authorizing the City Engineer to File a Notice of Completion 21. Adoption of a City Council Resolution to Increase the Contingency Fund Amount, Accept Contract 2007-32, Bailey Road Improvement Project as Complete, and Authorize the City Engineer to File a Notice of Completion 22. Adoption of a City Council Resolution to Reject Bids Received for Contract 201301, 2013/14 Citywide Pavement Management Project 23. Adoption of a City Council Ordinance and a City Council Resolution Approving an Overlay Zoning Amendment and a Design Review Request for Trans Bay Cable Storage and Administration Buildings (AP-13-925)
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24. Adoption of a City Council Resolution to Allocate $30,900 from the Los Medanos Community Healthcare District to the Swim Lesson Program at Sullenberger Pool ADJOURNMENT OF THE CITY COUNCIL The City Council meeting was adjourned at 8:33 P.M. to September 16, 2013. Respectfully submitted, Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/29/2013 Mayor/Chair and Council/Agency Members Joe Sbranti, City Manager/Executive Director Adoption of City Council, Power Company, and Foundation Resolutions Approving the Carryover of FY 2012-13 Capital Improvement Project Budget Balances into the Current Fiscal Year 2013-14 Budget 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg has multi-year Capital Improvement Projects which were not completed during the prior fiscal year. The budget balances remaining in each of these projects as of June 30, 2013 need to be carried forward into the current fiscal year budget in order to continue and/or complete these projects. FISCAL IMPACT The attached listing of Capital Improvement Projects has been approved by the City Council/Agency/Foundation in prior fiscal years. These are continuing projects and staff has confirmed that balances in each specific fund are sufficient to cover all budgeted costs. Capital Improvement Projects in Successor Agency funds were approved by the former Redevelopment Agency in prior fiscal years and were included in a City/RDA Funding Agreement on 10/19/09 and are considered City projects. RECOMMENDATION Staff recommends that the City Council/Agency/Foundation approve the carryover of multiyear Capital Improvement Project budget balances which were incomplete at June 30, 2013 into the current FY 2013-14 Budget. For completed projects, any unspent funds will revert back to unallocated reserves. BACKGROUND At the close of the 2012-13 Fiscal Year, the attached budgeted Capital Improvement Projects were approved by City Council/Agency/Foundation in prior years but were not
completed. Staff has determined that it will be necessary to transfer the balance of these multi-year commitments into the current fiscal year 2013-14 budget as required by governmental accounting standards. SUBCOMMITTEE FINDINGS At the close of the 2012-13 Fiscal Year, the attached budgeted Capital Improvement Projects were approved by City Council/Agency/Foundation in prior years but were not completed. Staff has determined that it will be necessary to transfer the balance of these multi-year commitments into the current fiscal year 2013-14 budget as required by governmental accounting standards. STAFF ANALYSIS All capital project budgets have been appropriated in prior fiscal years and in order to continue and or complete these projects it will be necessary to carryover unspent budgets to the current fiscal year. ATTACHMENTS: Resolution Carryover Project Listing Capital Project Status
Report Prepared By: Diane Agar, Financial Analyst I Reviewed by: Tina Olson, Director of Finance and Administration
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Adoption of a City Council Resolution Approving the Carryover of FY 2012-13 Capital Improvement Project Budget Balances ) ) ) ) RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, at the close of the 2012-13 Fiscal Year there are several Capital Improvement Projects that were not completed or are ongoing; and WHEREAS, a budget amendment is necessary to incorporate Capital Improvement Project budgets that remain unspent into the current fiscal year budget; and WHEREAS, funds previously approved by Council are available and will not exceed respective fund balances. WHEREAS, Capital Projects in Successor Agency to RDA funds were included in a City/RDA Funding Agreement on 10/19/09 and are considered City projects. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Findings
The recitals set forth are true and correct statements and are hereby incorporated in conjunction with the respective staff report. Section 2. Authorization
A. The City Council does hereby authorize the carryover of Capital Improvement Project budget balances into the current fiscal year. B. That the City Council further authorizes the sum of $17,612,795 be appropriated from funds remaining in prior year incomplete Capital Projects into the 2013-14 Fiscal Year budget as follows: Measure C Fund Gas Tax Fund Traffic Congestion Relief Fund NPDES Fund Local Traffic Mitigation Fund Park Dedication Fund City Capital Improvements Project Fund Kirker Creek Drainage Fund Community Capital Improvements Fund Regional Traffic Mitigation Fund Water Operating Fund 29,500 1,244,697 152,425 74,189 564,757 3,476,969 301,938 49,085 3,569,717 807,687 3,422,223
Sewer Operations Fund Golf Course Fund Marina Fund Marina Walk A.D. Fund Successor Agency RDA Fund TOTAL CITY:
3,021,970 75,000 96,435 16,970 709,232 $ 17,612,795
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
BEFORE THE PITTSBURG POWER COMPANY OF THE CITY OF PITTSBURG In the Matter of: Adoption of a Power Company Resolution ) Approving the Carryover of FY 2012-13 ) Capital Improvement Project Budget ) Balances ) RESOLUTION NO. 13-
The Pittsburg Power Company Board of Directors DOES RESOLVE as follows: WHEREAS, at the close of the 2012-13 Fiscal Year there are several Capital Improvement Projects that were not completed or are ongoing; and WHEREAS, a budget amendment is necessary to incorporate Capital Improvement Project budgets that remain unspent into the current fiscal year budget; and WHEREAS, funds previously approved by the Board are available and will not exceed respective fund balances. NOW, THEREFORE, the Pittsburg Power Company Board of Directors finds and determines as follows: Section 1. Findings
A. The Pittsburg Power Company Board of Directors does hereby authorize the carryover of Capital Improvement Project budget balances into the current fiscal year. B. That the Pittsburg Power Company Board of Directors further authorizes the sum of $2,414,479 be appropriated from funds remaining in prior year incomplete Capital Projects into the 2013-14 Fiscal Year budget as follows: Island Energy Fund Pittsburg Power Fund TOTAL POWER COMPANY: 2,400,718 13,761 2,414,479
PASSED AND ADOPTED by the Pittsburg Power Company of the City of Pittsburg at a regular meeting on the 16th day of September, 2013 by the following vote: AYES: NOES:
ABSTAINED: ABSENT: ________________________________ Nancy L. Parent, Chair _________________________________ Joe Sbranti, Executive Secretary
BEFORE THE PITTSBURG ARTS AND COMMUNITY FOUNDATION, INC. In the Matter of: Adopting of a Foundation Resolution Approving the Carryover of FY 2012-13 Capital Improvement Project Budget Balances ) ) ) ) RESOLUTION NO. 13-
The Pittsburg Arts and Community Foundation, Inc., DOES RESOLVE as follows: WHEREAS, at the close of the 2012-13 Fiscal Year there are Capital Improvement Projects that were not completed or are ongoing; and WHEREAS, a budget amendment is necessary to incorporate Capital Improvement Project budgets that remain unspent into the current fiscal year budget; and WHEREAS, funds previously approved by the Foundation are available and will not exceed respective fund balances. NOW, THEREFORE, the Pittsburg Arts and Community Foundation finds and determines as follows: Section 1. Findings
A. The Foundation does hereby authorize the carryover of Capital Improvement Project budget balances into the current fiscal year. B. That the Pittsburg Arts and Community Foundation further authorizes the sum of $20,000 be appropriated from funds remaining in prior year incomplete Capital Projects into the 2013-14 Fiscal Year budget. PASSED AND ADOPTED by the Pittsburg Arts and Community Foundation at a regular meeting on the 16th day of September, 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Chair ATTEST: Alice E. Evenson, Corporation Secretary
Attachment (1)
City of Pittsburg Capital Project Carryover Listing to Fiscal Year 2013/14

Budget Balance
Project No. City Capital Projects: 2007 2008 2201 2202 2308 2309 2701 2703 3006 3009 3010 3051 3054 3057 3062 3064 3065 3066 3104 3106 3202 322-49991-2199 3320 3322 3324 3326 3328 3342 3346 3364 3382 3386 2009/10 Speed Hump Project 2010/11 Speed Hump Project
Description
4,500 25,000 29,500 200,000 1,044,697 1,244,697 50,000 102,425 152,425 29,189 45,000 74,189 399,187 89,199 76,372 564,757 44,587 125,392 1,806,175 123,474 27,875 99,467 1,250,000 3,476,969 221,938 80,000 301,938 49,085 49,085 98,766 445,008 67,321 418,413 321,124 325,248 245,030 737,267 81,154 800,649 12,186
TOTAL MEASURE C - FUND 204 2011/12 Citywide Pavement Management 2013/14 Citywide Pavement Management Project TOTAL GAS TAX - FUND 203 Citywide Traffic Signal Loop Replacement 2012 Pavement Management Project TOTAL TRAFFIC CONGESTION RELIEF FUND 200 Storm Drain Trash Capture (Frontage Road) IPM Garden (2013-09) TOTAL NPDES FUND 207 California Ave Widening - Phase I (North Side) (2007-05) El Pueblo Street Rehab (2012-05) - Phase I Pittsburg-Antioch Hwy/Loveridge Rd Intersection Ph I TOTAL LOCAL TRAFFIC MITIGATION FUND 303 Sullenberger Swim Center Rehab and Master Plan (2008-29) Small World Park New Features Project Ambrose Park Master Plan & Improvements (2008-21) Stoneman (John Henry Johnson) Park Improvements City Park Basketball Court/Lighting/Bleachers San Marco Park Old Town Park TOTAL PARK DEDICATION FUND 304 Traffic Signal Install - 4 Locations Bay Harbor Park Wall & Landscape (98-02) TOTAL CAPITAL IMPROVEMENTS FUND 301 Railroad Ave. Storm Drainage Improvements (2009-10) TOTAL KIRKER CREEK DRAINAGE - FUND 302 Construction Mgmt for Projects Railroad Ave. Building Improvements Plaza Marina Tenant Improvements California Theatre - Phase I Library Improvements Central Harbor Dock/Shed Replacement (2010-01) Railroad Ave Pavement Rehab (2009-28) 2012/13 Pavement Rehab/North Parkside Improvements (2010-6) Neighborhood Improvement Program Seismic Retrofit Bridge Cumberland Service Area Project (CA Theatre Block)
Attachment (1)
Project No. 3387 3701 5029 5030 5031 5033 5035 5037 5039 5040 5041 5042 5043 5045 5046 5047 5201 5203 5204 5301 5513 7102 8115 8217 8310 8336
(2) (2) (2,3) (2) (1)
Description Cumberland Parking & Drainage Improvements TOTAL COMMUNITY CAPITAL IMPROVEMENTS FUND 322 James Donlon Extension Project TOTAL REGIONAL TRAFFIC MITIGATION FUND 307 Loveridge Road Waterline Project Automatic Water Meter Reading System Water Main/Service/Valve Replacement Project Water Treatment Plant Improvements Study Upgrade SCADA System Western Waterline Loop Railroad Ave Waterline Project (2011-04) Water Treatment Plant Sludge Handling Facility Hillview Reservoir Recoating West Leland Reservoir Demolition 2011/12 Water Treatment Plant Sludge Removal Rossmoor Well Replacement WTP Sluice Gate Replacement Concrete Reservoir Rehab (2012/13) TOTAL WATER OPERATING FUNDS Highway 4 Trunk Line Relief (2007-09) 2009/10 Citywide Sewer Rehab/Water & Sewer Conversion 2010/11 Sewer Replacement Program TOTAL SEWER OPERATING FUNDS Golf Course Path Repairs TOTAL GOLF COURSE FUND 530 Marina Dredging 2012 TOTAL MARINA FUND 550 Marina Walk Park Improvements TOTAL MARINA WALK A.D. FUND 712 Plaza Marina (AKA George Lowy Commercial (2006-17) Bailey Road Widening/Streetscape Improvements (2007-31) Reclaimed Water Irrigation for City Parks (2004-09) Citywide Storm Drain Improvements (2009-01) TOTAL SUCCESSOR AGENCY CAPITAL PROJECTS FUND 802
Budget Balance 17,550 3,569,717 807,687 807,687 730,013 (6,793) 200,796 55,185 109,636 100,000 190,738 636,013 204,516 150,000 300,000 194,153 267,887 290,078 3,422,223 133,113 2,396,730 492,127 3,021,970 75,000 75,000 96,435 96,435 16,970 16,970 21,986 599,152 30,185 57,910 709,232 TOTAL CITY: $ 17,612,795
Pittsburg Arts and Community Foundation Projects: 5610 Serenity Mural Garden/Labyrinth Art Proj TOTAL PACF FUND 560 Pittsburg Power Company Projects: 580-46115-2420 580-46115-3007 5801 5802 5803 Mare Island Residential Units - Development Refund Mare Island Residential Units - Gas Electric Meters Island Energy Main Substation "H" Refurbishment Capital Reinvestment Projects Convert Natural Gas Distribution System to 50 PSI 106,356 505,213 1,015,487 100,708 140,283 $ 20,000 20,000
Attachment (1)
Project No. 5804 5806 5807 5903
Description South Island RA Switch Removal Substation E Switchgear Upgrade/Relocation IE Facility Relocation Project TOTAL ISLAND ENERGY FUND 580 Future Build Program TOTAL PITTSBURG POWER FUND 590
Budget Balance 124,402 72,522 335,747 2,400,718 13,761 13,761
TOTAL PITTSBURG POWER COMPANY: $ 2,414,479 GRAND TOTAL CIP CARRYOVER: $ 20,047,273
(1) (2)
Negative budget will be replenished by FY 2013/14 adopted budget Although these items remain in Successor Agency funds, they were included in a City/RDA funding agreement on 10/19/09 and are now City projects Only grant funding remains on this RDA project
(3)
Attachment (2)
City of Pittsburg CAPITAL IMPROVEMENT PROJECTS STATUS AT 06/30/2013 Total Project Budget Prior Year Expenses FY 2012/13 Budget
Expenses at 06/30/13
Balance Remaining
Project #
Capital Project Description
2007 2008 2201 2202 2307 2308 2309 2701 2703 3006 3009 3010 3046 3051 3053 3054 3057 3058 3062 3063 3064 3065 3066 3104 3106 3202 322-49991-2199 3320 3322 3324 3326 3328 3329 3342 3346 3363 3364 3382 3386 3387 3701 5029 5030 5031
2009/10 Speed Hump Project 2010/11 Speed Hump Project 2011/12 Citywide Pavement Management 2013/14 Citywide Pavement Management Project Left Turn Pockets E. Leland Road Citywide Traffic Signal Loop Replacement 2012 Pavement Management Project Storm Drain Trash Capture (Frontage Road) IPM Garden (2013-09) California Ave Widening - Phase I (North Side) (2007-05) El Pueblo Street Rehab (2012-05) - Phase I Pittsburg-Antioch Hwy/Loveridge Rd Intersection Ph I Buchanan Park Storm Drainage System Sullenberger Swim Center Rehab and Master Plan (2008-29) Hillview Junior High Playfield (2009-27) Small World Park New Features Project Ambrose Park Master Plan & Improvements (2008-21) Old Town Plaza/Block 105 Public Improvements Stoneman (John Henry Johnson) Park Improvements Woodland Hills Court Resurfacing City Park Basketball Court/Lighting/Bleachers San Marco Park Old Town Park Traffic Signal Install - 4 Locations Bay Harbor Park Wall & Landscape (98-02) Railroad Ave. Storm Drainage Improvements (2009-10) Construction Mgmt for Projects Railroad Ave. Building Improvements Plaza Marina Tenant Improvements California Theatre - Phase I Library Improvements Central Harbor Dock/Shed Replacement (2010-01) eBART Station Railroad Ave Pavement Rehab (2009-28) 2012/13 Pavement Rehab/North Parkside Improvements (2010-6) 2010 Security Camera Installation Project Neighborhood Improvement Program Seismic Retrofit Bridge Cumberland Service Area Project (CA Theatre Block) Cumberland Parking & Drainage Improvements James Donlon Extension Project Loveridge Road Waterline Project Automatic Water Meter Reading System Water Main/Service/Valve Replacement Project
13,000 25,000 200,000 1,060,176 90,000 50,000 883,746 130,000 45,000 2,901,294 427,430 100,000 27,269 1,475,553 2,065,214 250,000 2,298,177 1,470,000 214,175 13,315 156,000 100,000 1,250,000 388,793 80,000 151,821 150,000 3,354,000 765,300 7,920,392 3,000,000 2,207,381 1,300,000 1,555,478 2,968,438 350,000 3,818,211 900,000 929,000 175,000 1,610,000 2,975,000 700,000 1,200,000
21,886 744,268 15,415 2,484,053 27,269 1,315,917 2,055,489 37,000 455,675 1,457,268 13,315 401 166,855 95,702 51,234 2,498,501 697,516 6,384,511 906,111 371,834 800,000 526,218 1,197,156 279,667 3,737,057 34,508 916,651 16,318 463,622 1,987,307 113,217 92,613
13,000 25,000 200,000 1,060,176 68,114 50,000 139,478 114,585 45,000 417,241 427,430 100,000 159,636 9,725 213,000 1,842,502 12,732 214,175 156,000 99,599 1,250,000 221,938 80,000 56,119 98,766 855,499 67,784 1,535,881 2,093,889 1,835,547 500,000 1,029,260 1,771,282 70,333 81,154 865,492 12,349 158,682 1,146,378 987,693 586,783 1,107,387
8,500 15,479 56,363 37,053 85,396 18,054 338,231 23,628 115,049 2,708 87,608 36,327 7,000 90,701 128,125 132 7,034 410,491 463 1,117,468 1,772,765 1,510,299 500,000 784,230 1,034,015 70,444 64,843 163 141,132 338,691 257,680 593,576 906,591
4,500 25,000 200,000 1,044,697 11,751 50,000 102,425 29,189 45,000 399,187 89,199 76,372 44,587 7,017 125,392 1,806,175 5,732 123,474 27,875 99,467 1,250,000 221,938 80,000 49,085 98,766 445,008 67,321 418,413 321,124 325,248 245,030 737,267 (111) 81,154 800,649 12,186 17,550 807,687 730,013 (6,793) 200,796
Attachment (2)
City of Pittsburg CAPITAL IMPROVEMENT PROJECTS STATUS AT 06/30/2013 Total Project Budget
350,000 200,000 65,000 500,000 100,000 160,000 1,000,000 950,000 920,000 150,000 300,000 200,000 470,000 470,000 200,000 6,914,000 500,000 75,000 10,000 10,000 326,420 20,000 200,000 648,761 3,480,000 426,900 150,000 125,000 100,000 100,000 350,000 302,878 167,704 36,849,234 7,806,104 8,350,000 4,181,461 7,048,334 120,000 19,536,284 750,000
Project #
5032 5033 5034 5035 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5201 5203 5204 5301 5507 5511 5513 5610 580-46115-2420 580-46115-3007 5801 5802 5803 5804 5805 5806 5807 5903 7102 8007 8115 8118 8217 8310 8336 8402 8413
Capital Project Description

Golf Club Court Waterline Loop Project (2010-02) Water Treatment Plant Improvements Study 2010/11 Water Treatment Plant Capital Repairs Upgrade SCADA System Western Waterline Loop 2011/12 Water Treatment Plant Capital Repairs/Improvements Railroad Ave Waterline Project (2011-04) Water Treatment Plant Sludge Handling Facility Hillview Reservoir Recoating West Leland Reservoir Demolitiion 2011/12 Water Treatment Plant Sludge Removal 2012/13 Water Main/Service/Valve Replacement Rossmoor Well Replacement WTP Sluice Gate Replacement Concrete Reservoir Rehab (2012/13) Highway 4 Trunk Line Relief (2007-09) 2009/10 Citywide Sewer Rehab/Water & Sewer Conversion 2010/11 Sewer Replacement Program Golf Course Path Repairs Dock Extension Power Pedestals for T Dock Marina Dredging 2012 Serenity Mural Garden/Labyrinth Art Proj Mare Island Residential Units - Development Refund Mare Island Residential Units - Gas Electric Meters Island Energy Main Substation "H" Refurbishment Capital Reinvestment Projects Convert Natural Gas Distribution System to 50 PSI South Island RA Switch Removal Berth 18 & 19 Upgrade/B844 Consolidation Substation E Switchgear Upgrade/Relocation IE Facility Relocation Project Future Build Program Marina Walk Park Improvements Vidrio Project Plaza Marina (AKA George Lowy Commercial (2006-17) Fire Station Construction (2 Stations) Bailey Road Widening/Streetscape Improvements (2007-31) Reclaimed Water Irrigation for City Parks (2004-09) Citywide Storm Drain Improvements (2009-01) Old Town 8th to 12th Infrastructure (Construction) (2004-10) Herb White Way Traffic Circle
Prior Year Expenses

347,548 143,600 46,122 354,336 137,345 694,213 50,959 66,887 838,436 5,000 1,881 93,644 127,472 2,209,829 204,985 99,092 150,734 36,828,574 7,782,792 8,349,138 1,292,508 7,018,149 59,958 19,536,571 452,898
FY 2012/13 Budget
2,452 56,400 18,878 145,664 100,000 22,655 305,787 950,000 869,041 150,000 300,000 200,000 470,000 470,000 133,113 6,075,564 495,000 75,000 10,000 8,119 326,420 20,000 106,356 521,289 1,270,171 221,915 150,000 125,000 100,000 100,000 350,000 203,786 16,970 20,660 23,312 862 2,888,953 30,185 60,042 (287) 297,102
Expenses at 06/30/13
Balance Remaining
1,126 1,215 16,695 36,028 24,694 115,049 313,987 664,525 5,847 202,113 179,922 3,678,834 2,873 229,985 16,076 254,684 121,207 9,717 598 61,561 27,478 14,253 190,025 7,468 1,326 632 2,289,801 2,133 (295) 285,687
1,326 55,185 2,183 109,636 100,000 (2,039) 190,738 636,013 204,516 150,000 300,000 194,153 267,887 290,078 133,113 2,396,730 492,127 75,000 10,000 8,119 96,435 20,000 106,356 505,213 1,015,487 100,708 140,283 124,402 38,439 72,522 335,747 13,761 16,970 13,192 21,986 230 599,152 30,185 57,910 8 11,415
Totals:
156,327,243
116,857,225
39,470,018
19,315,484
20,154,534
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/19/2013 Chair and Agency Members Joe Sbranti, Executive Director Adoption of the January 1-June 30, 2014 Recognized Obligation Payment Schedule 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) has prepared the Recognized Obligation Payment Schedule (ROPS) for the period of January 1-June 30, 2014 (ROPS 13-14B), pursuant to California State Legislations ABx1 26 (AB 26) and AB 1484. FISCAL IMPACT There is no fiscal impact to adopting ROPS 13-14B. Rather, ROPS 13-14B identifies the Successor Agencys anticipated financial obligations for January 1-June 30, 2014. RECOMMENDATION Successor Agency adopt the resolution approving ROPS 13-14B, pursuant to Part (l) Subpart (B) of Section 34177 of the Health & Safety Code. BACKGROUND On June 29, 2011, the Governor signed into law AB 26, also referred to as the Dissolution Act which automatically suspended redevelopment activities and on December 29, 2011, the California State Supreme Court upheld the provisions of AB 26, thereby dissolving all redevelopment agencies on February 1, 2012. While redevelopment successor agencies may not initiate any new activities nor incur new indebtedness, they are nevertheless required under legislative statute and court order to continue making those payments necessary for day to day operations pursuant to contractual commitments/enforceable obligations, regulatory authorities, and indebtedness entered into prior to the enactment of AB 26.
On June 27, 2012, the Governor signed into law budget trailer bill AB 1484 (AB 1484). AB 1484 imposes new requirements on successor agencies with regard to the submittal of the ROPS. SUBCOMMITTEE FINDINGS Not Applicable STAFF ANALYSIS ROPS 13-14B consists of debt service related expenses, pass through expenses, administration expenses, and any other eligible enforceable obligation. Upon receiving Successor Agency approval for ROPS 13-14B, staff will present ROPS 1314B to the Oversight Board to the Successor Agency for the Redevelopment Agency of the City of Pittsburg for its consideration. ATTACHMENTS: Resolution Recognized Obligation Payment Schedule for the period of January 1-June 30, 2014
Report Prepared By: Maria M. Aliotti, Redevelopment Manager
BEFORE THE SUCCESSOR AGENCY FOR THE REDEVELOPMENT AGENCY OF THE CITY OF PITTSBURG In the Matter of: A Resolution to Adopt the Recognized Obligation Payment Schedule for January 1-June 30, 2014 ) ) RESOLUTION NO. 13-
The Successor Agency for the Redevelopment Agency of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, on June 29, 2011, California States budget was signed and along with it, adopted California State Legislation ABx1 26 (AB 26); and WHEREAS, on December 29, 2011 the California Supreme Court found AB 26 constitutional, thereby dissolving the Redevelopment Agency of the City of Pittsburg effective February 1, 2012; and WHEREAS, pursuant to AB 26 and California Health and Safety Code 34177, the Successor Agency for the Redevelopment Agency of the City of Pittsburg (Successor Agency) is required to prepare a Recognized Obligation Payment Schedule (ROPS), covering a six month period and identifying the Successor Agencys financial obligation during said six month period; and WHEREAS, while the Successor Agency may not initiate any new activities nor incur new indebtedness, it is nevertheless required under legislative statute and court order to continue making those payments necessary for day to day operations pursuant to contractual commitments/enforceable obligations, regulatory authorities, and indebtedness entered into prior to the enactment of AB 26; and WHEREAS, on June 27, 2012, the Governor signed into law budget trailer bill AB 1484. AB 1484 imposes new requirements on successor agencies with regard to the submittal of the ROPS; and WHEREAS, the Successor Agency prepared ROPS for the period of January 1 June 30, 2014 (ROPS 13-14B) for consideration. NOW, THEREFORE, the Successor Agency for the Redevelopment Agency of the City of Pittsburg finds and determines as follows: Section 1. All the recitals above are true and correct and incorporated herein. Section 2. The Successor Agency hereby adopts ROPS 13-14B.
Resolution No. 13-
Page 1 of 2
September 16, 2013
Section 3. The Executive Director is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Successor Agencys obligations pursuant to this Resolution. Section 4. The Successor Agency Secretary shall certify to the adoption of this Resolution. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the Successor Agency for the Redevelopment Agency of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Chair
ATTEST:
Alice E. Evenson, Agency Secretary
Resolution No. 13-
Page 2 of 2
September 16, 2013
Recognized Obligation Payment Schedule (ROPS 13-14B) - Summary

Filed for the January 1, 2014 through June 30, 2014 Period Name of Successor Agency: Name of County: Pittsburg Contra Costa
Current Period Requested Funding for Outstanding Debt or Obligation Enforceable Obligations Funded with Non-Redevelopment Property Tax Trust Fund (RPTTF) Funding Sources (B+C+D): A B C D E F G H Bond Proceeds Funding (ROPS Detail) Reserve Balance Funding (ROPS Detail) Other Funding (ROPS Detail) Enforceable Obligations Funded with RPTTF Funding (F+G): Non-Administrative Costs (ROPS Detail) Administrative Costs (ROPS Detail) Current Period Enforceable Obligations (A+E):
Six-Month Total $ 292,662 292,662 $ 45,944,552 45,805,423 139,129 $ 46,237,214
Successor Agency Self-Reported Prior Period Adjustment to Current Period RPTTF Requested Funding I J K Enforceable Obligations funded with RPTTF (E): Less Prior Period Adjustment (Report of Prior Period Adjustments Column U) Adjusted Current Period RPTTF Requested Funding (I-J) $ 45,944,552 (1,428,524) 44,516,028
County Auditor Controller Reported Prior Period Adjustment to Current Period RPTTF Requested Funding L M N Enforceable Obligations funded with RPTTF (E): Less Prior Period Adjustment (Report of Prior Period Adjustments Column AB) Adjusted Current Period RPTTF Requested Funding (L-M) 45,944,552 45,944,552
Certification of Oversight Board Chairman: Pursuant to Section 34177(m) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named agency.
Name /s/ Signature
Title
Date
Recognized Obligation Payment Schedule (ROPS) 13-14B - Report of Fund Balances

(Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177(l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F Fund Sources Bond Proceeds Reserve Balance Due Diligence Review balances retained for approved enforceable obligations Other RPTTF G H I J K
Fund Balance Information by ROPS Period ROPS III Actuals (01/01/13 - 6/30/13) Beginning Available Fund Balance (Actual 01/01/13) Note that for the RPTTF, 1 + 2 should tie to columns L and Q in the 1 Report of Prior Period Adjustments (PPAs) Revenue/Income (Actual 06/30/13) Note that the RPTTF amounts should tie to the ROPS III distributions from the County Auditor2 Controller Expenditures for ROPS III Enforceable Obligations (Actual 06/30/13) Note that for the RPTTF, 3 + 4 should tie to columns N 3 and S in the Report of PPAs Retention of Available Fund Balance (Actual 06/30/13) Note that the Non-Admin RPTTF amount should only include the retention of 4 reserves for debt service approved in ROPS III ROPS III RPTTF Prior Period Adjustment Note that the net NonAdmin and Admin RPTTF amounts should tie to columns O and T in 5 the Report of PPAs. 6 Ending Actual Available Fund Balance (1 + 2 - 3 - 4 - 5)
Bonds Issued on or before 12/31/10
Bonds Issued on or after 01/01/11
RPTTF balances retained for bond reserves
Rent, Grants, Interest, Etc.
Non-Admin
Admin
Total
Comments
(458,318)
(458,318)
816,760
19,089,945
19,906,705
548,917
21,030,600
21,579,517
$ No entry required 1,428,524 $ $ $ $ $ 267,843 $ (2,398,973) $ $ $
1,428,524 (3,559,654)
ROPS 13-14A Estimate (07/01/13 - 12/31/13) Beginning Available Fund Balance (Actual 07/01/13) (C, D, E, G, 7 and I = 4 + 6, F = H4 + F6, and H = 5 + 6) Revenue/Income (Estimate 12/31/13) Note that the RPTTF amounts should tie to the ROPS 13-14A 8 distributions from the County Auditor-Controller Expenditures for 13-14A Enforceable Obligations 9 (Estimate 12/31/13) Retention of Available Fund Balance (Estimate 12/31/13) Note that the RPTTF amounts may include the retention of reserves 10 for debt service approved in ROPS 13-14A 11 Ending Estimated Available Fund Balance (7 + 8 - 9 -10) $ $ $ $ $ 267,843 $ (970,449) $ $ (2,131,130)
292,661 265,662
18,912,541 25,436,724
$ $
19,205,202 25,702,386
$ $ $ $ $ $ 294,842 $ (7,494,632) $ $
(8,628,314)
Recognized Obligation Payment Schedule (ROPS ) 13-14B - ROPS Detail January 1, 2014 through June 30, 2014
(Report Amounts in Whole Dollars)
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Item # Project Name / Debt Obligation Obligation Type Bonds Issued On or Before 12/31/10 Contract/Agreement Execution Date 6/27/2006 Contract/Agreement Termination Date 8/1/2036 Payee Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Description/Project Scope debt service 801-41202-1205 Project Area Los Medanos Total Outstanding Debt or Obligation $ 997,563,008 Retired N Bond Proceeds $ Reserve Balance Other Funds $ - $ 292,662 27,000
RPTTF Non-Admin 45,805,423 Admin 139,129 Six-Month Total 46,237,214 27,000
1 retirement pension bonds
$ $
2 TAB 1999
Bonds Issued On or Before 12/31/10
11/3/1999
9/1/2030
debt service 822-41272-2303
Los Medanos
104,001,290
176,099
176,099
3 TAB 1999
Fees
11/3/1999
9/1/2030
debt service fiscal agent 822-412722318
Los Medanos
2,700
2,700
4 TAB 2002
3/12/2002
9/1/2015
Los Medanos
15,349,107
254,888
254,888
5 TAB 2002
Fees
3/12/2002
9/1/2015
Los Medanos
2,000
2,000
6 TAB 2003
5/21/2003
9/1/2029
Los Medanos
100,581,312
1,752,650
1,752,650
7 TAB 2003
Fees
5/21/2003
9/1/2029
Los Medanos
2,000
2,000
8 HSG TAB 04A
12/16/2004
9/1/2036
Los Medanos
27,570,182
422,090
422,090
9 HSG TAB 04A
Fees
12/16/2004
9/1/2036
Los Medanos
2,000
2,000
10 HSG TAB 06A
12/14/2006
9/1/2037
Los Medanos
17,331,753
252,398
252,398
11 HSG TAB 06A
Admin Costs
12/14/2006
9/1/2037
Los Medanos
2,000
2,000
12 TAB 2004A
12/16/2004
9/1/2036
Los Medanos
150,663,657
284,313
284,313
13 TAB 2004A
Fees
12/16/2004
9/1/2036
Los Medanos
25,000
25,000
14 TAB 2004A
12/16/2004
9/1/2036
debt service SWAP transaction fee 826- Los Medanos 41276-2309
1,750,000
1,750,000
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Project Name / Debt Obligation Item # 15 TAB 2004A Obligation Type Fees Contract/Agreement Contract/Agreement Execution Date Termination Date Payee 12/16/2004 9/1/2036 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 12/16/2004 9/1/2036 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York 12/16/2004 9/1/2036 Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/29/2006 9/1/2020 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York 11/29/2006 9/1/2020 Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/29/2006 9/1/2034 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/29/2006 9/1/2034 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/6/2008 9/1/2029 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/6/2008 9/1/2029 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York 11/16/1993 6/30/2014 Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 12/14/2006 9/1/2037 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York 9/11/2012 1/29/2013 Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/3/1999 9/1/2030 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Description/Project Scope Project Area debt service fiscal agt/PFM invest 826- Los Medanos 41276-2310 Total Outstanding Debt or Obligation Retired N Bond Proceeds Reserve Balance Other Funds Non-Admin
RPTTF Admin 15,000 Six-Month Total 15,000
16 TAB 2004A
Fees
debt service liquidity market 826-41276- Los Medanos 2315
65,000
65,000
17 TAB 2004A
Fees
debt service LOC fees 826-412762320
Los Medanos
1,250,000
1,250,000
18 TAB 2006B
Los Medanos
40,845,020
775,570
775,570
19 TAB 2006B
Fees
Los Medanos
2,000
2,000
20 STAB 2006C
Los Medanos
83,010,074
978,454
978,454
21 STAB 2006C
Fees
Los Medanos
2,000
2,000
22 STAB 2008A
Los Medanos
108,950,511
1,956,641
1,956,641
23 STAB 2008A
Fees
Los Medanos
2,500
2,500
24 TAB 1993B
Fees
Los Medanos
25 STAB 2006A
Fees
Los Medanos
Reserves 26 Replenish debt service reserves used to pay Aug and Sep 2012 debt service 27 Prefund Portion of August 2013 Senior Bonds (1999, 2002 & 2003 bonds) (1) Bonds Issued On or Before 12/31/10
Replensh Senior Bond Debt Service Reserve Drawn to Make August 1, 2012 debt service payments Prefund senior bonds August 1, 2013 debt service to fiscal agent (Funds 822, 824 & 825) Use balance of RPTTF revenue estimate. If actual revenues are lower, than this amount will be reduced accordingly. administration 801-41202-1101 administration 801-41202-1201 administration 801-41202-1211 administration 801-41202-1231
Los Medanos
Los Medanos
11,315,104
11,315,104
28 29 30 31
salaries and wages retirement miscellaneous health insurance life insurance
Admin Costs Admin Costs Admin Costs Admin Costs
7/1/2013 7/1/2013 7/1/2013 7/1/2013
6/30/2014 6/30/2014 6/30/2014 6/30/2014
City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg
Los Medanos Los Medanos Los Medanos Los Medanos
N N N N
147,066 18,843 21,300 397
12,777 1,637 1,850 34
$ $ $ $
159,843 20,480 23,150 431
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Item # 32 33 34 35 36 37 38 39 40 41 42 43 44 Project Name / Debt Obligation dental insurance workers compensation unemployment insurance disability insurance FICA and Medicare deferred compensation-employer retiree med/vac buy-bk/empl term office supplies postage telephone travel, training, and conference insurance allocation legal Obligation Type Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Admin Costs Legal Professional Services Contract/Agreement Execution Date 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 7/1/2013 Contract/Agreement Termination Date 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 Payee City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg City of Pittsburg 2 firms: Meyers|Nave; Goldfarb & Lipman LLP Maze & Assoc 3748 Buskirk Ave. Suite 215 Pleasant Hill, CA 94523 City of Pittsburg City of Pittsburg Biss Family Trust and deKat Family Revocable Trust 1174 Star Ave. St. Helena, CA 94574 Jason and Lisa Griego 446 Railroad Ave. Pittsburg, CA 94565 Fullbright & Jaworski LLP 555 S. Flower St. Forty-First Floor Los Angeles, CA 90071 State Street and CalSTRS Description/Project Scope administration 801-41202-1241 administration 801-41202-1251 administration 801-41202-1252 administration 801-41202-1253 administration 801-41202-1261 administration 801-41202-1271 administration 801-41202-1275 administration 801-41202-1301 administration 801-41202-1321 administration 801-41202-2001 administration 801-41202-2004 administration 801-41202-2025 administration 801-41202-2101 administration 801-41202-2102 Project Area Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Total Outstanding Debt or Obligation Retired N N N N N N N N N N N N N N Bond Proceeds Reserve Balance Other Funds 2,900 2,869 3,412 410 11,251 1,413 13,801 2,500 1,000 3,000 1,000 3,500 12,500 12,500 Non-Admin
RPTTF Admin 252 248 296 36 977 123 1,199 $ $ $ $ $ $ $ $ $ $ $ $ $ $ Six-Month Total 3,152 3,117 3,708 446 12,228 1,536 15,000 2,500 1,000 3,000 1,000 3,500 75,000 12,500
62,500
45 auditing
Miscellaneous 46 equipment rental Admin Costs 47 information system allocation 48 675-695 Railroad Avenue (Bis/deKat Miscellaneous lease)
7/1/2013 7/1/2013 3/1/2005
6/30/2014 6/30/2014 2/28/2015
administration 801-41202-2231 administration 801-41202-2243 lease 801-41370-2236
Los Medanos Los Medanos Los Medanos
N N N
3,000 3,000
$ $ $
3,000 3,000 -
49 444 Railroad Avenue (Griego lease) Miscellaneous
10/1/2006
9/30/2021
lease 801-41370-2234
Los Medanos
221,337
50 legal expense associated with CalSTRS and State Street
Legal
12/16/2004
9/1/2036
51 TAB 2004A
Fees
12/16/2004
9/1/2036
52 bond counsel
Fees
12/16/2004
9/1/2036
54 HSG TAB 06A
12/14/2006
9/1/2037
55 TAB 2004A
12/16/2004
9/1/2036
56 TAB 2004A
Fees
12/16/2004
9/1/2036
57 TAB 2004A
Fees
12/16/2004
9/1/2036
Orrick, Herrington & Sutcliffe 405 Howard Street San Francisco, CA 941052669 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111
Legal fees incurred by LOC provders Los Medanos attorneys related to debt service reserve withdrawal of August/September 2012. Required debt service LOC fee 826Los Medanos 41276-2320 deferral - 08/10/1206/30/13 is $782,961 ROPS 3 carry over Bond council assisting with discussions Los Medanos regarding bonds agreements with the County.
270,000
270,000
270,000
782,961
782,961
782,961
3,548
3,848
3,848
debt service 844-41284-2303 (FY1415)
Los Medanos
16,616,598
719,171
719,171
debt service 826-41276-2303 (FY1415)
Los Medanos
109,695,000
4,170,000
4,170,000
debt service SWAP 826-41276-2309 (FY14-15)
Los Medanos
3,595,000
3,595,000
debt service LOC 826-41276-2320 (FY14-15)
Los Medanos
2,450,000
2,450,000
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Project Name / Debt Obligation Item # 58 TAB 2004A Obligation Type Fees Contract/Agreement Contract/Agreement Execution Date Termination Date Payee 12/16/2004 9/1/2036 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 11/29/2006 9/1/2034 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 Bank of New York 11/6/2008 9/1/2029 Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 12/16/2004 9/1/2036 State Street and CalSTRS (TINA) 7/1/2013 7/1/2013 7/1/2013 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 6/30/2014 9/1/2030 Description/Project Scope Project Area debt service liquidity/re-marketing 826- Los Medanos 41276-2315 (FY14-15) Total Outstanding Debt or Obligation Retired N Bond Proceeds Reserve Balance Other Funds
RPTTF Non-Admin 125,000 Admin $ Six-Month Total 125,000
59 STAB 2006C
debt service 830-41282-2303 (FY1415)
Los Medanos
80,893,166
2,120,733
2,120,733
60 STAB 2008A
debt service 832-41285-2303 (FY1415)
Los Medanos
105,037,230
3,927,925
3,927,925
61 TAB 2004A
Fees
62 utilities-gas 63 utilities-electric 64 legal 65 appraisals 66 contractual & Professional Service 67 title report/insurance 68 maintenance & repairs 69 property tax 70 lighting & landscaping 71 1999 RDA Bonds
Property Maintenance Property Maintenance Legal
Property Dispositions 7/1/2013 Property 7/1/2013 Maintenance Property Dispositions 7/1/2013 Property Maintenance Property Maintenance Property Maintenance Fees 7/1/2013 7/1/2013 7/1/2013 11/3/1999
72 2002A RDA Refunding Bonds
Fees
3/12/2002
9/1/2015
73 2003 RDA Bonds
Fees
5/21/2003
9/1/2029
74 2004A RDA Housing Set Aside Bonds
Fees
12/16/2004
9/1/2036
75 2006A RDA Housing Set Aside Bonds
Fees
12/14/2006
9/1/2037
76 2004A RDA Subordinated Bonds
Fees
11/29/2006
9/1/2020
Required debt service LOC fee 82641276-2320 deferral - 07/01/1312/31/13 is $403,400 ROPS 4 PG&E Successor Agency programs (properties owned) 801-41370-1391 PG&E Successor Agency programs (properties owned) 801-41370-1392 2 firms: Meyers|Nave; Successor Agency programs Goldfarb & Lipman LLP (properties owned) 801-41370-2101 TBD Successor Agency programs (properties owned) 801-41370-2106 TBD Successor Agency programs (properties owned) 801-41370-2199 TBD Successor Agency programs (properties owned) 801-41370-2204 TBD Successor Agency programs (properties owned) 801-41370-2219 Contra Costa Tax Assessor Successor Agency programs (properties owned) 801-41372-2361 City of Pittsburg Successor Agency programs (properties owned) 801-41372-2364 BLX Group LLC BLX Payments administrative feesDept 34461 Fund 822 PO Box 39000 San Francisco, CA 94139 BLX Group LLC BLX Payments administrative feesFund 824 Dept 34461 PO Box 39000 San Francisco, CA 94139 BLX Group LLC BLX Payments administrative feesFund 825 Dept 34461 PO Box 39000 San Francisco, CA 94139 BLX Group LLC BLX Payments administrative feesDept 34461 Fund 843 PO Box 39000 San Francisco, CA 94139 BLX Group LLC BLX Payments administrative feesFund 844 Dept 34461 PO Box 39000 San Francisco, CA 94139 BLX Group LLC BLX Payments administrative feesDept 34461 Fund 829 PO Box 39000 San Francisco, CA 94139
Los Medanos
403,400
403,400
Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos Los Medanos
N N N N N N N N N N 3,400 20,000 14,312
$ $ $ $ $ $ $ $ $ $
20,000 14,312 3,400
Los Medanos
5,900
5,900
Los Medanos
6,400
6,400
Los Medanos
3,900
3,900
Los Medanos
4,400
4,400
Los Medanos
200
200
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Project Name / Debt Obligation Obligation Type Item # 77 2006C RDA Subordinated Refunding Fees Bonds Contract/Agreement Contract/Agreement Execution Date Termination Date Payee 11/29/2006 9/1/2034 BLX Group LLC Dept 34461 PO Box 39000 San Francisco, CA 94139 11/29/2006 9/1/2020 Bank of New York Mellon Trust Company N.A. 100 Pine Street, Suite 3100 San Francisco, CA 94111 12/16/2004 12/31/2014 State Street Bank and CalSTRS-LOC providers to 2004A Bonds Description/Project Scope BLX Payments administrative feesFund 830 Project Area Los Medanos Total Outstanding Debt or Obligation Retired N Bond Proceeds Reserve Balance Other Funds
RPTTF Non-Admin 2,400 Admin $ Six-Month Total 2,400
78 TAB 2006B
debt service 829-41281-2303 (FY1415)
Los Medanos
35,740,262
5,112,663
5,112,663
80 #51 on approved Jan 1- Jun 30, 2013 ROPS-Deferred LOC fees
Fees
The payment is deferred until December 31, 2014 and will continue to accrue. Jul-Dec 2013 ROPS $403,400; Jan-Jun 2014 $427,202.50
Los Medanos
830,603
830,603
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
M Funding Source
Non-Redevelopment Property Tax Trust Fund (Non-RPTTF) Item # Project Name / Debt Obligation Obligation Type Contract/Agreement Execution Date Contract/Agreement Termination Date Payee Description/Project Scope Project Area Total Outstanding Debt or Obligation Retired Bond Proceeds Reserve Balance Other Funds Non-Admin
RPTTF Admin $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Six-Month Total -
M Funding Source
M Funding Source
M Funding Source
M Funding Source
M Funding Source
M Funding Source
M Funding Source
M Funding Source
RPTTF Admin $ $ $ $ $ Six-Month Total -
Reported
Recognized Obligation Payment Schedule (ROPS) 13-14B - Report of Prior Period Adjustments for the ROPS III (January 1, 2013 through June 30, 2013) Period Pursuant to Health and Safety Code (HSC) section 34186 (a)
ROPS III Successor Agency (SA) Self-reported Prior Period Adjustments (PPA): Pursuant to HSC Section 34186 (a), SAs are required to report the differences between their actual available funding and their actual expenditures for the ROPS III (July through December 2013) period. The amount of Redevelopment Property Tax Trust Fund (RPTTF) approved for the ROPS 13-14B (January through June 2014) period will be offset by the SAs self-reported ROPS III prior period adjustment. HSC Section 34186 (a) also specifies that the prior period adjustments self-reported by SAs are subject to audit by the county auditor-controller (CAC) and the State Controller.
A B C D E F G H I J K L M N O P Q R S T U
ROPS III CAC PPA: To be completed by the CAC upon submittal of the ROPS 13-14B by the SA to Finance and the CAC
V W X Y Z AA AB
Non-RPTTF Expenditures
LMIHF (Includes LMIHF Due Diligence Review (DDR) retained balances) Reserve Balance (Includes Other Funds and Assets DDR retained balances)
RPTTF Expenditures
Net CAC NonAdmin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (X + AA) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Bond Proceeds
Other Funds Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Non-Admin Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Admin
Net SA Non-Admin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (O + T)) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 1 1,100 1 10,942 14,034 1 300 100 1,019 7,152 5,689 $
Non-Admin CAC
Admin CAC
Item # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
Project Name / Debt Obligation $ retirement pension bonds TAB 1999 TAB 1999 TAB 2002 TAB 2002 TAB 2003 TAB 2003 HSG TAB 04A HSG TAB 04A HSG TAB 06A HSG TAB 06A TAB 2004A TAB 2004A TAB 2004A TAB 2004A TAB 2004A TAB 2004A TAB 2006B TAB 2006B STAB 2006C STAB 2006C STAB 2008A STAB 2008A TAB 1993B
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Authorized 613,759 $
Actual 548,917 $
Authorized 21,464,792 14,397 195,212 4,150 372,881 3,000 1,825,650 5,000 431,363 3,200 257,641 1,500 32,980 34,000 1,750,829 600 62,500 1,225,598 864,188 1,250 980,054 2,500 1,956,641 7,500 8,000 6,589
Net Lesser of Authorized/ Available 21,464,792 14,397 195,212 4,150 372,881 3,000 1,825,650 5,000 431,363 3,200 257,641 1,500 32,980 34,000 1,750,829 600 62,500 1,225,598 864,188 1,250 980,054 2,500 1,956,641 7,500 8,000 6,589 $
Actual 21,030,600 25,644 195,211 4,600 372,881 372,881 1,825,650 3,900 431,362 6,353 257,641 1,900 62,973 23,058 1,755,948 30,229 48,466 1,769,008 864,187 2,300 980,054 2,200 1,956,541 6,481 848 900
Difference (If M is less than N, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 1 1,100 1 10,942 14,034 1 300 100 1,019 7,152 5,689 $
Authorized
Net Lesser of Authorized / Available $
Actual -
Difference (If R is less than S, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Actual -
Difference (If V is less than W, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Actual -
Difference (If Y is less than Z, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
STAB 2006A Replenish debt service reserves used to pay Aug and Sep 2012 26 debt service Prefund Portion of August 3013 Senior Bonds (1999, 2002 & 27 2003 bonds) (1) 28 salaries and wages 29 30 31 32 33 34 35 36 retirement miscellaneous health insurance life insurance dental insurance workers compensation unemployment insurance disability insurance
5,262,333
5,262,333
4,657,109
605,224
605,224
5,372,275 173,444 22,108 28,561 473 3,646 3,388 3,910 484 12,741 1,799 14,442 1,750 850 2,700 2,500 3,270 12,500 25,000 2,400 2,356 139,166 106,271 50,000 163,724 20,960 26,337 444 3,152 3,212 3,700 468 12,435 1,666 14,442 75 116 928 1,295 3,270 52 22,470 945 2,358 66,707 37,332 162,829
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
5,372,275 -
5,372,275
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
FICA and Medicare deferred compensation37 employer retiree med/vac buy-bk/empl 38 term 39 office supplies 40 41 42 43 44 45 46 47 postage telephone travel, training, and conference insurance allocation legal auditing equipment rental
information system allocation 675-695 Railroad Avenue (Bis/deKat lease) 48 444 Railroad Avenue (Griego lease) 49 legal expense associated with 50 CalSTRS and State Street 51 TAB 2004A 52 54 bond counsel HSG TAB 06A TAB 2004A TAB 2004A TAB 2004A TAB 2004A STAB 2006C STAB 2008A TAB 2004A utilities-gas utilities-electric legal
55 56 57 58 59 60 61 62 63 64 65
appraisals contractual & Professional 66 Service
Reported
V W X Y Z AA AB
RPTTF Expenditures
Net CAC NonAdmin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (X + AA) $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Bond Proceeds
Other Funds Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Non-Admin Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Admin
Net SA Non-Admin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (O + T)) $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Non-Admin CAC
Admin CAC
Item # 67 68 69 70 71 72 73 74 75 76 77 78 79
Project Name / Debt Obligation $ title report/insurance maintenance & repairs property tax lighting & landscaping 1999 RDA Bonds 2002A RDA Refunding Bonds 2003 RDA Bonds 2004A RDA Housing Set Aside Bonds 2006A RDA Housing Set Aside Bonds 2004A RDA Subordinated Bonds 2006C RDA Subordinated Refunding Bonds TAB 2006B
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Actual 548,917 $
Authorized 21,464,792
Net Lesser of Authorized/ Available 21,464,792 $
Actual 21,030,600
Difference (If M is less than N, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Authorized
Actual -
Difference (If R is less than S, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Actual -
Difference (If V is less than W, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Actual -
Difference (If Y is less than Z, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
various bonds #51 on approved Jan 1- Jun 30, 2013 ROPS-Deferred LOC fees 80 (08-01-12 through 06-30-13)
782,961
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
782,961 -
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
782,961 -
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
782,961 -
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Reported
V W X Y Z AA AB
RPTTF Expenditures
Net CAC NonAdmin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (X + AA) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Bond Proceeds
Other Funds Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Non-Admin Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Admin
Net SA Non-Admin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (O + T)) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Non-Admin CAC
Admin CAC
Item #
Project Name / Debt Obligation $
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Actual 548,917 $
Actual 21,030,600
Difference (If M is less than N, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Authorized
Actual -
Difference (If R is less than S, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Actual -
Difference (If V is less than W, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Actual -
Difference (If Y is less than Z, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Reported
V W X Y Z AA AB
RPTTF Expenditures
Bond Proceeds
Admin
Non-Admin CAC
Admin CAC
Item #
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Actual 548,917 $
Actual 21,030,600
Authorized
Actual -
Actual -
Actual -
Reported
V W X Y Z AA AB
RPTTF Expenditures
Bond Proceeds
Admin
Non-Admin CAC
Admin CAC
Item #
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Actual 548,917 $
Actual 21,030,600
Authorized
Actual -
Actual -
Actual -
Reported
V W X Y Z AA AB
RPTTF Expenditures
Net CAC NonAdmin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (X + AA) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Bond Proceeds
Other Funds Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Non-Admin Available RPTTF (ROPS III distributed + all other available as of 1/1/13) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Admin
Net SA Non-Admin and Admin PPA Net Difference (Amount Used to Offset ROPS 13-14B Requested RPTTF (O + T)) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Non-Admin CAC
Admin CAC
Item #
Authorized $
Actual $
Authorized $
Actual $
Authorized $
Actual $
Actual 548,917 $
Actual 21,030,600
Difference (If M is less than N, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,428,524 $
Authorized
Actual -
Difference (If R is less than S, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Actual -
Difference (If V is less than W, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $
Actual -
Difference (If Y is less than Z, the difference is zero) $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ -
Recognized Obligation Payment Schedule 13-14B - Notes

January 1, 2014 through June 30, 2014 Item # 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Notes/Comments The lease was terminated and DOF approved the termination in a letter dated 07/16/13. Lease payments are offset by the landlord's loan payment to the Successor Agency. Bond counsel assistance with bond related issues. Expenses incurred but invoice has not yet been received by the Successor Agency. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. Successor Agency is required to make advanced payments pursuant to bond indenture. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS in anticipation of Property Management Plan approval where 64 Successor Agency properties will be disposed. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS in anticipation of Property Management Plan approval where 64 Successor Agency properties will be disposed. This item was in the Jul 1-Dec 31, 2013 ROPS (approved February 2013). However, when the FY 13-14 budget was approved in June 2013, this item was not funded due to the lack of funds. Therefore, no funds will be allocated in the Jan 1-Jun 30, 2014 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS. Since no funds were expended in Jul 1-Dec 31, 2013 ROPS, the full amount will be carried over to the Jan 1-Jun 30, 2013 ROPS.

January 1, 2014 through June 30, 2014 Item # Notes/Comments

January 1, 2014 through June 30, 2014 Item # Notes/Comments
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/26/2013 Chair and Agency Members Joe Sbranti, Executive Director Adoption of a Pittsburg Power Company Resolution Granting the Executive Director Authority to Allocate Funds from Island Energy Rate Stabilization Fund for Unbudgeted Expenses Related to Energy Purchase Activities 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Staff of the Pittsburg Power Company (PPC) recommends the Board of Directors of PPC grant the Executive Director continuous appropriation authority to allocate funds from Island Energy Rate Stabilization Fund to meet certain unbudgeted expenditures and obligations related to energy purchase activities. Appropriation would be authorized at his/her discretion, in amounts limited to his/her spending authority. FISCAL IMPACT The current available balance of the Rate Stabilization Fund is $171,691.14. The purpose of the fund is to mitigate budget increases for unbudgeted or under-budgeted expenses during the normal course of the utility operation in any given fiscal year. The amount of each allocation by the Executive Director would be limited to his/her spending authority. RECOMMENDATION PPC Board adopt resolution granting the Executive Director continuous appropriation authority to withdraw from the Rate Stabilization Fund to cover unbudgeted or underbudgeted expenses that are related to Island Energy power supply purchase activities. BACKGROUND In FY 2003-2004, Island Energy established a Rate Stabilization Fund Account (deferred revenue) for the purpose of funding unexpected expenses that are related to power purchase activities and utility practices. The deferred revenue account was funded by 2% of
the electricity and natural gas sales revenues. The collection stopped at the end of FY 2006-2007. There were two disbursements from the Rate Stabilization Fund in FY 2004-2005 to cover unbudgeted expenditure associated with the energy purchase contract with the Western Area Power Administration and an emergency repair of a faulted 2.4 kV underground cable. The current balance of the Rate Stabilization Fund is $171,691.14.
SUBCOMMITTEE FINDINGS The Subcommittee was informed and raised no objections. STAFF ANALYSIS The effects of global warming, increased regulation regarding water flow through the Sacramento-San Joaquin River Delta and Californias Renewable Portfolio Standard (RPS) legislation have made it increasingly difficult to predict the cost of purchasing standard and renewable electricity for Island Energy. Staff recommends the Board grant the Executive Director continuous appropriation authority to allocate funds from the Rate Stabilization Fund to meet unbudgeted or under-budgeted expenditures related to standard and renewable energy procurement. The amount of each allocation by the Executive Director would be limited to his/her spending authority. Staff recommends that the Executive Director also be granted the authority to replenish the Rate Stabilization Fund from Island Energy reserves if these expenditures can be absorbed by the adopted electrical energy supplies budget of the same fiscal year. ATTACHMENTS: Resolution 13-
Report Prepared By: Vanessa Xie, Financial Analyst
BEFORE THE PITTSBURG POWER COMPANY OF THE CITY OF PITTSBURG In the Matter of: Resolution Granting the Executive Director ) Authority to Allocate Funds from Island ) Energy Rate Stabilization Fund for ) Unbudgeted Power Purchase Expenses )
RESOLUTION NO. 13-
The Board of Directors of the Pittsburg Power Company, a Joint Powers Authority, DOES RESOLVE as follows: WHEREAS, The Pittsburg Power Company (PPC), doing business as Island Energy on Mare Island, established a Rate Stabilization Fund Account (deferred revenue) for the purpose of funding unexpected expenses that are related to power purchase activities and utility practices in FY 2003-04; and WHERES, the deferred revenue account was funded by 2% of the electricity and natural gas sales revenues from FY 2003-04 to FY 2006-07 and the current available balance of the Rate Stabilization Fund is $171,691.14; and WHEREAS, the effects of global warming, increased regulation regarding water flow through the Sacramento-San Joaquin River Delta and Californias Renewable Portfolio Standard (RPS) legislation have made it increasingly difficult to predict the cost of purchasing standard and renewable electricity for Island Energy; and WHEREAS, staff recommends the Board grant the Executive Director continuous appropriation authority to allocate funds from the Rate Stabilization Fund to meet unbudgeted or under-budgeted expenditures related to standard and renewable energy procurement. The amount of each allocation by the Executive Director would be limited to his/her spending authority; and WHEREAS, the Executive Director is also granted the authority to replenish the Rate Stabilization Fund from Island Energy reserves if the unbudgeted and underbudgeted energy procurement expenditures can be absorbed by the adopted electrical energy supplies budget of the same fiscal year. NOW, THEREFORE, the Board of Directors finds and determines as follows: Section 1. The above recitals are true and correct and have served as the basis, in part, for the findings and actions of the Board set forth below. Section 2 The Executive Director is hereby authorized to allocate funds from the Rate Stabilization Fund to cover unbudgeted expenses related to standard and renewable energy purchase for Island Energy, subject to his/her spending authority.
Resolution No. 13-
Page 1 of 2
September 16, 2013
Section 3. The Executive Director is also granted the authority to replenish the Rate Stabilization Fund from Island Energy reserves if the unbudgeted and under-budgeted energy procurement expenditures can be absorbed by the adopted electrical energy supplies budget of the same fiscal year Section 4. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED by the Pittsburg Power Company Board of Directors at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
___________________________ Nancy L. Parent, Chair ATTEST: ________________________________ Joe Sbranti, Executive Secretary
Resolution No. 13-
Page 2 of 2
September 16, 2013
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/13/2013 Mayor and Council Members Joe Sbranti, City Manager Receive and File Responses to the Contra Costa County Civil Grand Jury FY 2012-2013 Reports 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Contra Costa County Civil Grand Jury issued four reports for Fiscal Year 2012-2013 that required the City of Pittsburgs response. Reports and responses are attached herewith. They are: Report No. 1302, Outsourcing Municipal Services; Report No. 1305, Getting to Clean Water In Contra Costa County; Report No. 1308, Encouraging Citizens To Apply For Grand Jury Service; and Report No. 1311, Assessing Fiscal Risk. FISCAL IMPACT There is no fiscal impact to receive and file the Citys responses to the FY 2012-2013 Grand Jury Reports. RECOMMENDATION The City Council receive and file the attached responses to the Contra Costa County Civil Grand Jury FY 2012-2013 Reports. BACKGROUND Contra Costa Countys Grand Jury consists of 19 citizens. A new Grand Jury is impaneled each year. Grand Jurors are officers of the court, and function as an independent body under the guidance of a Superior Court judge. Apart from the investigations mandated by the California Penal Code, each countys Grand Jury decides what it will investigate. Investigations may be initiated in response to letters from citizens, newspaper articles and personal knowledge. The Grand Jury issues its findings and recommendations in written reports. At least 12 members of the Grand Jury must approve each report. Within 60 to 90 days following the
issuance of a report, officials responsible for matters addressed in the report must respond in writing to the supervising Judge. SUBCOMMITTEE FINDINGS Report No. 1311 and the Citys response was reviewed by the Finance Subcommittee at its meeting on July 30, 2013. No other reports required Subcommittee review. STAFF ANALYSIS The Contra Costa County Civil Grand Jury prepares and issues reports throughout their tenure on a Fiscal Year basis. The reports often, but not always, require responses from the City. The Grand Jury issued 12 reports for Fiscal Year 2012-2013, 4 of which required a response from the City of Pittsburg. ATTACHMENTS: Contra Costa County Civil Grand Jury Report No. 1302 Response to Report No. 1302 Contra Costa County Civil Grand Jury Report No. 1305 Response to Report No. 1305 Contra Costa County Civil Grand Jury Report No. 1308 Response to Report No. 1308 Contra Costa County Civil Grand Jury Report No. 1311 Response to Report No. 1311
Report Prepared By: Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/20/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of City Council Resolution Finding Lawlor Estates, LLC, to be Compliant with Their Development Agreement 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY State law requires local jurisdictions to conduct a periodic review of active development agreements (DAs) within the community. In response to this requirement, City staff has reviewed the Lawlor Estates DA for the 2012 calendar year and recommends that the City Council find good faith compliance by the developer with the terms of the DA for this review period. FISCAL IMPACT None. The City has adopted fees to recover staff costs associated with processing the periodic reviews of all development agreements. The developer associated with the Lawlor Estates DA will reimburse the City for the staff time involved in conducting this review. RECOMMENDATION City Council move to adopt the attached Resolution finding Lawlor Estates, LLC, in good faith compliance with the Lawlor Estates DA. BACKGROUND California Government Code Section 65864 et seq. authorizes and regulates the execution of development agreements between cities and persons who desire to develop property within the Citys jurisdiction. Pursuant to the law, the City establishes procedures for the consideration of the DA applications, as well as procedures for reviewing DAs. On October 5, 2006, Discovery Builders, on behalf of Lawlor Estates, LLC, filed a request for approval of a development agreement that would allow construction of three residences with accessory dwelling units as a means to satisfy the affordable housing requirement for
the Lawlor Estates Development. On January 29, 2007, the City Council adopted Ordinance No. 07-1282, approving the DA between the City and Lawlor Estates, LLC. State law also requires the periodic review of a DA, at which time the developer must demonstrate good faith compliance with the terms of the DA. If the City finds good faith compliance with the terms of the DA, the City issues a Finding of Compliance that the developer may record against the property. If, as a result of the review, the City finds and determines, on the basis of substantial evidence that the developer has not complied with (in good faith) with the terms and conditions of the DA, the City may terminate or modify the DA. Pursuant to the Citys procedures, the City then issues a Finding of Non-Compliance, identifying the areas of non-compliance, the terms of compliance and a time period for the developer to bring the project into compliance with the DA.
SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS Staff has determined that the developer is in compliance with the Lawlor Estates DA. Under the terms of the DA, Lawlor Estates, LLC, agreed to build houses on lots 14, 17 and 37, of the project with an accessory dwelling unit and to record an agreement prohibiting the occupancy of the primary and accessory dwellings under separate leases. Restrictions of occupancy were not recorded prior to receipt of building permits for the units as required by the DA; however, upon receiving notice of the oversight, Discovery Builders (the developer) or the purchasing property owner of lots 14, 19 and 37, as applicable, recorded the requisite restrictions, between July and August 2008, with the County Recorder (modifications of the project to build the accessory dwelling on lot 19 rather than lot 17 was an administrative amendment allowed pursuant to section 7.02 of the DA). The City and developer remain compliant with all other provisions of the DA.
ATTACHMENTS:
1.
Resolution
Report Prepared By: Kristin Pollot, Associate Planner
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Annual Review of Lawlor Estates, LLC, Development Agreement and Determination as to Compliance With Development Agreement ) ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, California Government Code Section 65864 et seq. (Development Agreement Statutes) authorizes and regulates the execution of development agreements (DAs") between certain public entities and persons who desire to develop private property within a public entitys jurisdiction; and WHEREAS, pursuant to the Development Agreement Statutes, the City established procedures for the consideration of DA applications by property owners or other persons having an interest in property within Citys jurisdiction; and WHEREAS, Section 65865.1 requires the City to conduct a periodic review of the Citys active Development Agreements, at which time each respective developer is required to demonstrate good faith compliance with the terms of the Development Agreement (Periodic Review); and WHEREAS, if, as a result of the Periodic Review, the City finds and determines, on the basis of substantial evidence, that a developer has not complied in good faith with the terms and conditions of the Development Agreement, the City may terminate or modify the DA pursuant to the Development Agreement Statutes. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Recitals The City Council 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 set forth below. Section 2. Compliance with Development Agreement The City Council hereby finds and determines that based on the information provided by the Developer and City Staff, as well as the information contained in "Lawlor Estates Development Agreement (Ordinance No. 07-1282) Annual Review, 2012", attached hereto and incorporated herein by reference as "Exhibit 1", the Developer has demonstrated good faith compliance with the Lawlor Estates, LLC, Development Agreement.
Resolution No. 13-
Page 1 of 2
September 16, 2013
Section 3. Certificate of Compliance The City Council hereby directs and authorizes the City Manager to issue a certificate codifying the "Finding of Compliance" for the Lawlor Estates Development in a form that can be recorded by the Developer. Section 4. Certification The City Clerk shall certify the adoption of this Resolution. Section 5. Effective Date This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
_____________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
Resolution No. 13-
Page 2 of 2
September 16, 2013
Exhibit 1
Lawlor Estates Development Agreement (Ordinance No. 07-1282) Annual Review, 2012
Status n/a Developer compliant Comments (if applicable) DA will expire on March 1, 2017.
DA Section 2.01, 2.02
3.01
3.02 Developer compliant
Developer compliant Restrictions not recorded prior to receipt of building permit for units; however, restrictions have since been recorded (between July and August 2008), with the County Recorder, by developer or purchasing property owner of lots 14, 19 and 37. (Note: Modification of the project to build the accessory dwelling on lot 19 was allowed pursuant to section 7.02 of the agreement).
3.03
Summary of DA Text Agreement is effective March 1, 2007, and remains in effect for 10 years thereafter Developer and City agree to abide by terms of DA; developer agrees to abide by the mitigation and monitoring program for project (CEQA) Developer agrees to pay fees in amounts due at time of payment Developer agrees to build houses on project lots 14, 17 and 37 with an accessory dwelling and to record an agreement restricting occupancy of the primary and accessory dwellings under separate leases; restriction must be recorded prior to building permit issuance City compliant
4.02
5.01(a) City compliant
5.01(b)
City compliant
5.02
Developer compliant
5.03
City agrees to process building permits for project in accordance with Commission approvals City agrees to allow implementation of the project in accordance with DA and other city approvals City agrees that subsequent approvals for the project may be approved or conditionally approved if they are consistent with the DA, other project approvals or applicable law, and must make written findings to deny any subsequent approval Developer shall use best efforts to provide City with necessary information to process requests for subsequent approvals City shall use best efforts to process subsequent project approvals in a timely manner; Developer shall reimburse City at cost for staff overtime or consultant assistance City/Developer compliant
Page 1 of 5
Lawlor Estates Development Agreement Ordinance No. 07-1282 Annual Review, 2012 Status City compliant Comments (if applicable)
DA Section 5.04
6.01, 6.02 City/Developer compliant
6.03 6.04
n/a City compliant
6.05 n/a
No building moratorium has been enacted since the effective date of the DA. Project is within the terms of approval specified in the project approvals; no development moratorium or other legal action to halt construction has been imposed during the term of the DA to date.
6.06 n/a
6.07 n/a
Summary of DA Text City shall process building permit applications in a timely manner and in accordance with applicable law and design review approval Developer shall have vested right to develop the site in accordance with City approvals, and may be obligated to obtain subsequent approvals as required; permitted uses of the site shall be those of the single-family residential district (Applicable Law defined) Project shall be subject to current Uniform Building Code, but City shall not adopt any uniform code amendment with the intent of preventing construction of the project City agrees to allow continued construction of the project, if during the term of construction, a building moratorium is enacted Terms of other discretionary approvals (tentative map, design review, etc.) shall be co-terminus with the term of the DA, except that all approvals shall be automatically extended by a length of time equal to the term of a development moratorium or similar legal instrument, if such a moratorium is imposed during the 10-year lifespan of the DA Where any amendment to state or federal law is adopted after the effective date of the DA and in conflict with the terms of the DA, the DA shall be modified or suspended as necessary to comply with said law No such amendment to state or federal law has been adopted since March 2007.
Page 2 of 5
Lawlor Estates Development Agreement Ordinance No. 07-1282 Annual Review, 2012 Status City/Developer compliant Comments (if applicable)
DA Section 6.08
7.01 City compliant
Summary of DA Text City agrees not to impose time limits to initiate or complete project construction, with the exception of infrastructure improvements directed by the subdivision approval; Developer agrees to build the primary and accessory units required pursuant to section 3.03 in the same phase as lots on one side or both sides of specified lots Defines administrative project amendments as minor changes to the project, and defines non-administrative project amendments as more significant revision; allows city manager or his designee to approve administrative project amendments
7.02 n/a
Minor changes to the project, including lot line adjustments to a portion of the site, a change to the placement of the third accessory dwelling, and a change to two residential elevations/floorplans, were approved in 2010 by designated Planning and Engineering staff in accordance with DA provisions; no non-administrative amendments have been requested by Developer. No amendments to the DA have been requested by Developer (also see comment on section 7.01 above).
8.01, 8.02, 8.03 Developer compliant
Developer has provided no indication to City of any transfer of interests, rights and obligations for the project outside of those provided in the DA.
8.04
City/Developer compliant
Developer has to date made no such request; this document summarizes the annual review of DA compliance in accordance with section 10.03.
9.01, 9.02
Allows amendments to the DA that do not substantially affect the permitted uses or development of the project; allows amendments to project approvals without amendment to the DA Developer may transfer all or any portion of its interests, rights and obligations pursuant to the DA and project approvals to a third party, and shall provide written notice to the City in such instances (excluding conveyance of a single lot to a purchaser, conveyance of 10 or fewer lots to a single retail builder, and use of property for nonresidential purposes) Developer may request and City shall provide documentation of Developers compliance with the provisions of the DA; such documentation may recorded at Developers discretion (Cooperation and indemnification; agreement that City and Developer will cooperate in defense of project and reinstatement of project approvals set aside by legal action) n/a
Page 3 of 5
Lawlor Estates Development Agreement Ordinance No. 07-1282 Annual Review, 2012 Status City/Developer compliant Comments (if applicable) (See comment, sec. 3.03)
DA Section 10.01
10.02 n/a
10.03 City compliant
(This document summarizes review for 2012.)
10.05 n/a
10.04, 10.06, 10.08
n/a
10.07
Summary of DA Text Failure by either City or Developer (as applicable) to perform any provision of the DA within 30 days after written notice from the other party of the noncompliant condition, constitutes a default under the agreement and may result in legal proceedings or termination of the DA City may elect to initiate proceedings to terminate the agreement as a result of default City shall annually review the Developers compliance with the provisions of the DA, and shall provide proper notices and staff reports to Developer 10 days prior to review; the City manager shall make written findings of compliance, which are appealable to the City Council; the findings of the City manager or council may be recorded at Developers discretion; failure to conduct annual review shall constitute compliance with the DA; cost of review shall be shared equally shared by City and Developer Neither City nor Developer shall be in default for delays in performance caused by war, strike, legal disputes, loss of materials or utilities, acts of God; in such case, either party may request an extension of time for performance of provision(s) Either City or Developer may institute legal action to enforce or remedy any default in the performance of the provisions of the DA; any dispute involving development of the project, the resolution of which is not provided for in DA or applicable law, shall be resolved through mediation DA shall be enforced in accordance with state law n/a
Page 4 of 5
Lawlor Estates Development Agreement Ordinance No. 07-1282 Annual Review, 2012 Status n/a Comments (if applicable)
DA Section 10.09
11 n/a
12.01 12.02
n/a n/a
12.03 12.04 12.05
n/a n/a City/Developer compliant n/a n/a
12.06, 12.07 12.08
12.09
Summary of DA Text In the case of legal action, the prevailing party shall receive reasonable attorneys fees and other costs Project is a private development, and City and Developer have no relationship, joint venture or partnership in the development of the project (Incorporation of recitals) Terms of the DA shall be enforceable following City adoption of any amendment to or adoption of a general plan, specific plan, ordinance or policy, etc.; in case of conflict between the DA, project approvals or applicable law, the DA prevails DA is consistent with general plan (Severability) City and Developer shall deliver to the other additional documents, etc., necessary to carry out the project (Definition of terms) Provisions contained within the DA shall be enforceable as covenants running with the land Developer shall pay City cost for preparation of DA Developer compliant Cost of DA preparation paid through $5,000 deposit paid to City by Developer; unexpended balance of deposit reimbursed to Developer January 2008.
12.10
12.12
Notice required pursuant to DA shall be in writing City Clerk shall record executed copy of DA within 10 days after City enters into agreement
City/Developer compliant City compliant
Ordinance 07-1282 adopted January 29, 2007; DA recorded February 6, 2007.
Page 5 of 5
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/30/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Allocate Additional Funds and Authorize Additional Construction Contingency for Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project Phase II 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project (the Project) is the second phase of a project to rehabilitate the roadway and widen it to construct sidewalks and bicycle lanes on North Parkside Drive and portions of Willow Pass Road from Loftus Road to Railroad Avenue. During excavation for the widening of the roadway, the Contractor encountered soil contaminated with lead at a level high enough to require special disposal. There are insufficient funds in the existing Project budget to pay for disposal of the material. Adoption of this resolution will authorize the allocation of additional funds and increase the construction contingency to allow for the material disposal. FISCAL IMPACT The Projects two phases currently have a budget of $2,968,438, which includes $982,000 of grant funding (Project 3346). The first phase was for pavement rehabilitation and the second, and current phase, is for widening for bicycle and pedestrian improvements. The Project is included in the project list approved by City Council on October 19, 2009. Staff is requesting re-allocation of remaining funds from several recently completed projects from the project list, to the Project. A spreadsheet with details of the proposed allocations is attached to this Staff Report. There are sufficient funds available to accommodate the proposed allocations. Staff requests that these funds be added to the authorized contingency fund currently established as $130,000 for a total contingency amount of $350,000.
A detail of anticipated projected expenditures for design and construction of the Project is attached to this Staff Report.
RECOMMENDATION City Council adopt a resolution allocating $220,000 in additional funds to the Project from several recently completed projects. Staff recommends that the re-allocated funds be added to the existing contingency fund amount of $130,000 for a total contingency fund not to exceed $350,000 for the disposal of contaminated soil and unforeseen expenses. Staff further recommends that the City Engineer or his designee be authorized to approve contract change orders for this Project in a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for this Project in a total amount not to exceed 100% of the contingency amount.
BACKGROUND The Project is for construction of a sidewalk and pathway for pedestrians, roadway widening and re-striping for bicycle lanes on Willow Pass Road/North Parkside Drive from Loftus Road to Railroad Avenue. On October 19, 2009, the City Council and the Redevelopment Agency adopted Resolutions 09-11315 and 09-1384, respectively, approving a Project Funding Agreement between the two agencies through which the Agency paid, and the City conducted, 27 projects to alleviate blighting conditions in the Los Medanos Community Development Project Area (the Project Area). The action allocated funds to the projects on the list, including $1,000,000 to the 2012/13 Pavement Rehabilitation (North Parkside Drive from Railroad Avenue to Andrew Avenue, and Loveridge Road from Pittsburg-Antioch Highway to Stoneman Avenue). Since these funds are insufficient for both locations, the Loveridge Road scope of work is not part of the Project. On December 19, 2011, City Council adopted Resolution 11-11738, accepting $82,000 of Transportation Development Act (TDA) grant funding and $900,000 of federal CMAQ grant funding for the Project (federal project number CML-5127(027)). On April 18, 2011, City Council adopted Resolution 11-11627, re-allocating $304,881from the 2010/11 Citywide Pavement Rehabilitation Project (Project 3341) to the Project. On January 17, 2012, City Council adopted Resolution 12-11755, allocating an additional $300,000 to the Project. On March 19, 2012, City Council adopted Resolution 12-11791, reducing the project budget by $118,443. On January 22, 2013, City Council adopted Resolution 13-11922, allocating $500,000 of additional funding, accepting plans and specifications, and authorizing award of Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project Phase II.
A construction contract for the Project was awarded to Ghilotti Brothers Inc., on January 22, 2013. During excavation to widen the roadway, the Contractor encountered soil containing aerially deposited lead (ADL) from the past use of leaded gasoline. Staff is currently waiting for test results to determine the level of contamination in the soil, which will determine handling limitations, disposal site, and trucking costs. Staff estimates the disposal costs could be as much as $200,000 if contamination levels are high.
SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS The presence of ADL is a common occurrence along highways that were in use since 1923, when lead became a popular additive to gasoline. In 1991 the sale of leaded gasoline ended in California. Older roadways have accumulated lead along the shoulders from vehicle exhaust for a longer time than the newer roads and are more prone to having higher concentrations of ADL. Engineering records indicate that North Parkside Drive was originally paved in 1928. Staff intends to request a proposal from an environmental contractor for disposal of the material. Staff anticipates these costs may be as high as $200,000, depending upon results of additional testing, the type of preparation and handling required prior to disposal, and dump fees and transportation costs to the hazardous material landfill receiving the material. ATTACHMENTS: Resolution Project Funding Summary Re-allocation Summary
Report Prepared By: Ronald A. Nevels, Senior Civil Engineer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution to Allocate Additional Funds and Authorize Additional Construction Contingency For Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project Phase II ) ) ) ) ) RESOLUTION NO. 13-
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, Contract 2010-16A, North Parkside Drive Bicycle and Pedestrian Improvement Project (the Project) is for construction of a sidewalk and pathway for pedestrians, roadway widening and re-striping for bicycle lanes on Willow Pass Road/North Parkside Drive from Loftus Road to Railroad Avenue; and WHEREAS, on October 19, 2009, the City Council and the Redevelopment Agency adopted Resolutions 09-11315 and 09-1384, respectively, approving a Project Funding Agreement between the two agencies through which the Agency paid, and the City conducted, 27 projects to alleviate blighting conditions in the Los Medanos Community Development Project Area; and WHEREAS, the action allocated funds to the projects on the list, including $1,000,000 to the 2012/13 Pavement Rehabilitation (North Parkside Drive from Railroad Avenue to Andrew Avenue, and Loveridge Road from Pittsburg-Antioch Highway to Stoneman Avenue); and WHEREAS, on December 19, 2011, City Council adopted Resolution 11-11738, accepting $82,000 of Transportation Development Act (TDA) grant funding and $900,000 of federal CMAQ grant funding for the Project (federal project number CML-5127(027)) for a total Project budget of $1,982,000; and WHEREAS, on April 18, 2011, City Council adopted Resolution 11-11627, reallocating unused funding in the amount of $304,881, from the 2010/11 Citywide Pavement Rehabilitation Project (Project 3341) to the Project for a total Project budget of $2,286,881; and WHEREAS, on January 17, 2012, City Council adopted Resolution 12-11755, allocating an additional $300,000 to the Project for a total Project budget of $2,586,881; and WHEREAS, on March 19, 2012, City Council adopted Resolution 12-11791, reallocating $118,443 of funds from the Project to fund 801 for a total Project budget of $2,468,438; and WHEREAS, on January 22, 2013, City Council adopted Resolution 13-11922, allocating $500,000 of additional funding and awarding a construction contract. The resulting total Project budget was $2,968,438; and
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WHEREAS, there are two phases of construction on North Parkside Drive to be completed with the allocated budget. The first phase is complete and consisted of pavement rehabilitation from Loftus Road to Railroad Avenue. A construction contract for the second phase was awarded on January 22, 2013, and is currently under construction; and WHEREAS, during excavation to widen the roadway, the Contractor encountered soil containing aerially deposited lead (ADL) from the past use of leaded gasoline and WHEREAS, Staff estimates that the hazardous material disposal costs will be up to $200,000. There are insufficient funds in the Project budget to pay this amount; and WHEREAS, Staff requests re-allocating to the Project $220,000 in additional funds from several recently completed projects as identified on the attachment to this Resolution; and WHEREAS, the total revised Project budget will be $3,188,438; and WHEREAS, Staff requests that these funds be added to the authorized contingency fund currently established as $130,000 for a total contingency amount of $350,000; and WHEREAS, Staff further requests that the City Engineer or his designee be authorized to approve contract change orders for this Project in a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for this Project in a total amount not to exceed 100% of the contingency amount. . NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg as follows: Section 1. The City Council 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 set forth below. Section 2. The allocation of funds to the Project in the amount of $220,000 as identified on the attachment to this resolution is hereby approved for a total revised Project budget of $3,188,438. Section 3. City Council authorizes an additional $220,000 of contingency funds from within the revised Project budget for a total of $350,000. Section 4. The City Engineer or his designee be authorized to approve contract change orders for this Project in a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve change orders for this Project in a total amount not to exceed
100% of the contingency amount. Section 5. The City Manager is hereby authorized to execute such further documents and take such further actions as may be necessary or appropriate to carry out the Citys obligations pursuant to the Contract. Section 6. The City Clerk shall certify to the adoption of this Resolution. Section 7. This Resolution shall take effect immediately upon adoption. APPROVED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________ Nancy L. Parent, Mayor ATTEST: _______________________________ Alice E. Evenson, City Clerk
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Requested Allocations for Projects Original Project Budget $ 2,207,381 $ Proposed Revised Budget 1,974,842 Balance Available for Reallocation $ 190,264
Completed Projects Central Harbor Dock Replacement Project (Project 3328) Cumberland Service Area Project (Project 3386)* Cumberland Parking and Drainage Improvements (Project 3387) Total Requested for Reallocation
8,850,000 $
8,837,814
12,186
2,257,381 $
2,239,831
$ $
17,550 220,000
Projects Proposed to Receive Reallocated Funds North Parkside Drive Bicycle and Pedestrian Improvement Projct (Project 3346) Total Requested Additional Allocation
Original Project Budget
Proposed Revised Budget
Amount Requested to be Allocated
2,968,438 $
3,188,438
220,000
220,000
* Project not included in original project

list.
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/26/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Allocate Additional Funds, Accept the Plans and Specifications, and Authorize the City Manager to Award a Construction Contract for Contract 2013-01, 2013/14 Citywide Pavement Management Project 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Contract 2013-01, 2013/14 Citywide Pavement Management Project (the Project) consists of performing various preventative maintenance and repair methods on several City streets and two access roads to water distribution facilities. There are insufficient funds in the Project budget for the recommended treatment for the water distribution access roads. Staff is requesting that remaining funds from a previous pavement management project be reallocated to the Project and that additional funds be allocated from the Water Fund. Staff further requests that the City Manager be authorized to award a construction contract. If approved, this resolution will re-allocate remaining funds from a completed project, allocate additional water funds, accept the plans and specifications, and authorize award of a construction contract for the Project. FISCAL IMPACT The Project is funded with $1,000,000 of gas tax funding and a California Department of Resources, Recycling, and Recovery (CalRecycle) grant in the amount of $60,176. The total Project budget is $1,060,176 (Project 2202). Staff requests that all remaining funds in the 2012 Citywide Pavement Management Project (Project 2309), approximately $102,425, be re-allocated to the Project. Staff requests allocation of an additional $50,000 of Water Operation Funds (WOF) (Fund 501) to construct maintenance on the water distribution system access roads that are included in the Project.
If the attached resolution is adopted the total resulting Project budget is proposed to be $1,212,601. See attached Project Budget Summary.
RECOMMENDATION City Council adopt the attached resolution re-allocating all remaining funds in the 2012 Citywide Pavement Management Project (Project 2309), approximately $102,425 to the Project and allocating an additional $50,000 of WOF (Fund 501) funding to the Project, and authorizing the City Manager to award a construction contract plus contingency up to the amount of $1,130,000. Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount. Staff recommends that the City Council accept the Plans and Specifications for the Project.
BACKGROUND Streets identified in the Project to receive a rubberized chip seal are eligible to be partially funded by the grant. In order to receive the CalRecycle grant, the Project must include a minimum amount of rubberized chip seal quantity. Other maintenance methods included in the project for use on other streets not listed below are patch paving, crack sealing, and slurry seal. Rubberized chip seal streets funded by the grant that are included in the Project base bid are: Buena Vista, Encina Place, Kingston Place, Lemonwood Place, Nina Place, Del Cerro, Kingswood, Vista Diablo, Olympia Circle, Augusta, Granite Place, Hillsdale Drive, Kingsberry Place, La Miranda Place, Malibu Place, Mori Street, Riverview Court, White Oak Place, Barbara Court, Camelia Court, Wedgewood Drive, Apricot Court, Mount Whitney Drive, Via Venito Way, Carmel Court, and Rome Court. A full list of streets and planned treatment is available for review in the Engineering Department. The 2012 Citywide Pavement Management Project was completed on June 26, 2012. There is approximately $102,425 remaining in the budget that is available for re-allocation to the Project. On July 16, 2012, City Council adopted Resolution 12-11847, adopting the 5-Year CIP for fiscal years 2012/13 through 2016/17 and allocating $1,000,000 of gas tax funding for the Project. On June 17, 2013, City Council adopted Resolution 13-11986, accepting a grant from Cal Recycle for the 2012/13 Rubberized Pavement Grant for a rubberized chip seal of various streets. The amount of grant funding is $60,176. Staff had previously opened bids for the Project. There were insufficient funds in the Project budget to award a construction contract to the low bidder. On August 8, 2013, City Council
adopted Resolution 13-12013, rejecting all bids for the Project and authorizing Staff to reduce the scope of work for the Project. Public Works Staff has requested that maintenance of the access road to the Hillview and Stoneman reservoirs be included in the Project. Staff estimates that constructing the maintenance of the access roads to the water distribution facilities will require an additional $50,000 of WOF funding.
SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS In order to reduce costs, Staff has revised the Project bid package to reduce the scope of work included in the base bid. The Project is currently scheduled for bid opening on September 4, 2013. In order to expedite construction and complete the Project before the rainy season and lower temperatures, Staff request that award of a construction contract be authorized at this time. To receive the full amount of the CalRecycle grant, Staff has maintained in the base bid at least the quantity of rubberized chip seal that was authorized with the grant. Staff estimates that a contract amount plus contingency of $1,130,000 can be authorized and stay within the proposed Project budget. Staff will attempt to maximize the amount of work completed with the Project and expend all available budget to perform pavement maintenance work to the full extent possible. Therefore, Staff requests that the construction contract award and contingency amount be authorized up to the maximum that the budget allows. ATTACHMENTS: Budget Summary Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution to Allocate Additional Funds, Accept the Plans and Specifications, and Authorize the City Manager to Award a Construction Contract for Contract 2013-01, 2013/14 Citywide Pavement Management Project ) ) ) ) ) ) RESOLUTION NO. 13-
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, Contract 2013-01, 2013/14 Citywide Pavement Management Project (the Project) consists of performing various preventative maintenance and repair methods on several City streets; and WHEREAS, the 2012 Citywide Pavement Management Project (Project 2309) was completed on June 26, 2012, and there is approximately $102,425 remaining in the budget for re-allocation to the Project; and WHEREAS, on July 16, 2012, City Council adopted Resolution 12-11847, adopting the 5-Year CIP for fiscal years 2012/13 through 2016/17 and allocating $1,000,000 of gas tax funding for Contract 2013-01, 2013/14 Citywide Pavement Management Project (the Project)(Project 2202); and WHEREAS, on June 17, 2013, City Council adopted Resolution 13-11986, accepting a grant from Cal Recycle for the 2012/13 Rubberized Pavement Grant for a rubberized chip seal of various streets. The amount of grant funding is $60,176; and WHEREAS, the current total Project budget is $1,060,176; and WHEREAS, on July 19, 2013, bids were opened for the Project and there were insufficient funds in the Project budget; and WHEREAS, on August 8, 2013, City Council adopted Resolution 13-12013, rejecting all bids for the Project and authorizing Staff to reduce the scope of work for the Project prior to re-bidding; and WHEREAS, the revised Project is currently out to bid with a bid opening date of September 4, 2013; and WHEREAS, Public Works Staff has requested that maintenance of the access road to the Hillview and Stoneman reservoirs be included in the Project; and WHEREAS, Staff estimates that an additional allocation of $50,000 of Water Operation Funds (WOF) will be required to construct he maintenance of the water distribution facilities; and
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WHEREAS, Staff requests that all remaining funds in the 2012 Citywide Pavement Management Project (Project 2309), approximately $102,425 be re-allocated to the Project; and WHEREAS, Staff requests that $50,000 be allocated from the WOF to the Project for water distribution facility access road maintenance; and WHEREAS, the resulting Project budget will be $1,212,601; and WHEREAS, Staff requests that City Council accept the plans and specifications for the Project; and WHEREAS, Staff requests that the City Manager be authorized to award a construction contract plus contingency up to a total of $1,130,000; and WHEREAS, Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount. NOW, THEREFORE, the City Council finds and determines as follows: The City Council hereby finds and determines that the above recitals are true Section 1. and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below. Section 2. City Council hereby accepts the plans and specifications for the Project. Section 3. City Council directs that all remaining funds in the 2012 Citywide Pavement Management Project (Project 2309), approximately $102,425 be re-allocated to the Project. Section 4. The City Council directs that $50,000 be allocated from the WOF to the Project for water distribution facility access road maintenance. Section 5. The City Council authorizes City Manager to award a construction contract plus contingency up to a total of $1,130,000. Section 6. The City Engineer shall be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City Manager shall be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount.
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Section 7. The City Clerk shall certify to the adoption of this Resolution. Section 8. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ Nancy L. Parent, Mayor ATTEST: _______________________________ Alice E. Evenson, City Clerk
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OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/30/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution Approving Contra Costa Transportation Authority's Measure J Growth Management Program Compliance Checklist for Calendar Years 2010 and 2011 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Contra Costa Transportation Authority (CCTA) requires the City to submit a biennial Growth Management Program (GMP) Compliance Checklist in order to be eligible to receive its portion of Local Street Maintenance and Improvement Funds contained in Measure J. The Measure J GMP Compliance Checklist covering Calendar Years 2010 and 2011 is required to receive the Citys portion of Local Street Maintenance and Improvement Funds for Fiscal Year (FY) 2011-12 and 2012-13. The estimate of the Citys FY 2011-12 allocation is $632,434. An estimate of the Citys allocation for FY 2012-13 is $656,768. FISCAL IMPACT The Citys portion of Measure J Local Street Maintenance and Improvement Funds for FY 2011-12 is estimated at $632,434. The allocation date for FY 2012-13 Local Street Maintenance and Improvement funds will be on the one-year anniversary of the FY 2011-12 allocation and is estimated to be $656,768. RECOMMENDATION City Council review and approve the attached completed Measure J GMP Compliance Checklist covering Calendar Years 2010 and 2011 and authorize the Mayor to certify and submit said checklist certifying compliance with the Contra Costa Transportation Authoritys Growth Management Program. BACKGROUND The Contra Costa Transportation Authority (CCTA) has the responsibility of ensuring that local jurisdictions are in compliance with the Growth Management Program contained in
Measure J by requiring them to complete a biennial compliance checklist. The City must submit this checklist in order to receive the Citys portion of Fiscal Year (FY) 2011-12 and FY 2012-13 Local Street Maintenance and Improvement funds available through Measure J. On June 1, 1992, the City Council adopted Resolution 92-7812, adding the Growth Management Element to the General Plan as required by Measure C (a precursor to Measure J). On August 3, 2009, the City Council adopted Resolution 09-11249, amending the Growth Management Element to the General Plan as required by Measure J. SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS Staff has completed the attached checklist and has determined that Measure J GMP requirements have been met and the checklist is ready for review and approval by City Council. If approved, the checklist will be sent to the Contra Costa Transportation Authority (CCTA) for their review and approval. The City approved GMP Compliance Checklist will first be reviewed by CCTA staff for completeness and then by two of CCTAs standing committees; the Citizens Advisory Committee (CAC) and the Planning Committee (PC). After these committees review it, the full CCTA Board will review it and, if it finds Pittsburg to be in compliance with the GMP, approve the checklist. Upon CCTAs approval, the Authority will allocate the Citys Measure J Local Street Maintenance and Improvement Funds by the adopted formula of 50 percent population and 50 percent road miles. ATTACHMENTS: Resolution CY 10 & 11 GMP Compliance Checklist w/o Attachments CY 10 & 11 GMP Compliance Checklist Attachments in reading file in City Clerks Office Report Prepared By: Paul Reinders, Senior Civil Engineer
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Approving Contra Costa Transportation Authoritys Measure J Growth Management Program Compliance Checklist for Calendar Years 2010 and 2011 ) ) ) )
Resolution No. 13-
The PITTSBURG City Council DOES RESOLVE as follows: WHEREAS, the Contra Costa Transportation Authority requires the City to submit a completed Measure J Calendar Year 2010 and 2011 Growth Management Program Compliance Checklist in order to receive its allocation of Fiscal Year 2011/2012 and 2012/2013 Local Street Maintenance and Improvement Funds; and WHEREAS, the City Council has reviewed the attached completed Contra Costa Transportation Authority Measure J Growth Management Program Compliance Checklist, covering the reporting period of Calendar Years 2010 and 2011. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. The policies and programs of the City as reported in the attached Growth Management Program Compliance Checklist conform to the requirements of the Contra Costa Transportation Authoritys Growth Management Program. The attached Local Jurisdiction Compliance Checklist is approved for submittal to the Contra Costa Transportation Authority for allocation of 18% Local Street Maintenance and Improvement Funds for Fiscal Years 2011/2012 and 2012/2013.
Section 2.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ___________________________ Nancy L. Parent, Mayor ATTEST:
_____________________________ Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/30/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Accept Contract 2010-01, Central Harbor Dock Replacement Project, as Complete, and Authorize the City Engineer to File a Notice of Completion 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Contract 2010-01, Central Harbor Dock Replacement Project (the, Project), provided for the construction of a new berthing system at Central Harbor including new docks and all necessary utilities. This Resolution will accept construction as complete and authorize the City Engineer to file a Notice of Completion for the Project. FISCAL IMPACT The final Project funding allocation is $2,207,381 (Project 3326). The original contract with Bellingham Marine Industries, Inc. for the Project was $1,733,790. There were four contract change orders for a total credit of $192,590, bringing the final contract amount to $1,541,200. After all expenditures for design, construction, and the release of retention, there will be a remaining balance of approximately $232,539 that is available for re-allocation to other projects. See attached TABLE A for total cost summary of the Project. RECOMMENDATION City Council adopt the attached resolution to accept the Project as complete, and authorize the City Engineer to file a Notice of Completion. BACKGROUND
The scope of work on the Project consisted of removal of dilapidated wooden docks and pilings, and manufacturing and installing a new berthing system at Central Harbor. On October 19, 2009, the City Council and the Redevelopment Agency adopted Resolution 09-11315 and 09-1384, respectively, approving a Project Funding Agreement between the two agencies through which the Agency paid, and the City constructed projects to alleviate blighted conditions in the Los Medanos Community Development Project Area. The 27 projects identified in the Agreement included the Central Harbor Dock and Shed Replacement with an allocation of $2,000,000. On December 19, 2011, the City Council adopted Resolution 11-11745, reducing the Project budget by $1,607,214. On January 17, 2012, the City Council adopted Resolution 12-11755, increasing the Project budget by $2,600,000 for a total approved budget of $2,992,786 for the project. On January 17, 2012, the City Council adopted Resolution 12-11770, authorizing the City Manager to award a construction contract for the Project. On January 27, 2012, Contract 2010-01 was awarded to Bellingham Marine Industries, Inc. for a total contract amount of $1,733,790. On March 19, 2012, the City Council adopted Resolution 12-11791, reducing the Project budget by $596,405. On August 20, 2012, the City Manager authorized a reduction in the project budged of $139,000 for a total approved budget of $2,257,381. On May 20, 2013, the City Council adopted Resolution 13-11696, reducing the Project budget by $50,000. This adjustment made the final budget amount $2,207,381. The Project reached substantial completion on May 30, 2013.
SUBCOMMITTEE FINDINGS Not Applicable STAFF ANALYSIS Due to additions, deletions, and changes during construction, there were four Contract Change Order associated with Contract 2010-01, for a total credit of $192,590. The final Project contract amount is $1,541,200. The change orders included the deletion of the floating restroom, shared cost savings proposed by the contractor for redesigning the electrical system, and changes to the fire and sewage pumping system. Although the Project was completed after the expiration of contract days, boaters were allowed to use the docks prior to construction completion. Additionally, the City had no financial impacts related to the delayed completion. Therefore staff is recommending that no liquidated damages are to be assessed. ATTACHMENTS: Resolution Table A Notice of Completion
Report Prepared By: Sean Williams, Civil Engineer II
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Accepting Contract 2010-01,Central Harbor Dock Replacement Project, asComplete ) and Authorizing the CityEngineer to file a Notice of Completion ) RESOLUTION NO. 13) )
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, Contract 2010-01, Central Harbor Dock Replacement Project (the Project) was for the construction of a new berthing system at Central Harbor including new docks, all necessary utilities; and WHEREAS, on October 19, 2009, the City Council and the Redevelopment Agency adopted Resolution 11-11315 and 09-1384, respectively, allocating $2,000,000 to the Project; and WHEREAS, on December 19, 2011, the City Council adopted Resolution 11-11745, reducing the project budget by $1,607,214 for an approved Project budget of $392,786; and WHEREAS, on January 17, 2012, the City Council adopted Resolution 12-11755, increasing the project budget by $2,600,000 for an approved Project budget of $2,992,786; and WHEREAS, on January 17, 2012, the City Council adopted Resolution 11-11770, authorizing the City Manager to award a construction contract for the Project; and WHEREAS, on January 27, 2012, Contract 2010-01 was awarded to Bellingham Marine Industries, Inc. for a total contract amount of $1,733,790; and WHEREAS, on March 19, 2012, the City Council adopted Resolution 12-11791, reducing the project budget by $596,405 for an approved Project budget of $2,396,381; and WHEREAS, on August 20, 2012, the City Manager authorized a reduction in the Project budget of $139,000 reducing the Project budget to $2,257,381; and WHEREAS, on May 20, 2013, the City Council adopted Resolution 13-11696 reducing the project budget by $50,000 for a final Project budget of $2,207,381; and WHEREAS, during construction there were four Contract Change Orders for the deletion of the floating restroom, modification of the electrical system, modification of the fire system and an upgrade to the boat sewage pump the with a total credit amount of $192,590; and WHEREAS,Bellingham Marine Industries, Inc. reached substantial completion of the Resolution 13Page 1 of 3 September 16, 2013
Project onMay 30, 2013; and WHEREAS,the finalamount of the contractwith Bellingham Marine Industries, Inc.,is $1,541,200including the approved Contract Change Orders; and WHEREAS, after all expenditures during design, construction and the release of retention there will be a remaining balance of approximately $232,539 available for other projects; and WHEREAS, Staff requests that City Council accept the contract with Bellingham Marine Industries, Inc. as complete. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. The above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below. Section 2. Contract 2010-01 is hereby accepted as complete. Section 3. The City Engineer is hereby authorized and directed to execute a Notice of Completion. Section 4. The City Clerk shall attach a certified copy of this Resolution to the executed Notice of Completion. Section 5. The City Engineer is directed to file said document with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date hereof. Section 6. The City Clerk shall certify to the adoption of this Resolution. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: __________________ Nancy L. Parent, Mayor ___
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ATTEST: _____________________ Alice E. Evenson, City Clerk
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NOTICE OF COMPLETION
Upon Recording Return To: City of Pittsburg Engineering Records 65 Civic Avenue Pittsburg, CA 94565-3814
NOTICE IS HEREBY GIVEN PURSUANT TO SECTION 3093 OF THE CALIFORNIA CIVIL CODE: 1. That on the 30th enter into a contract with: day of January , 2012, the City of Pittsburg, State of California, did
Bellingham Marine Industries, Inc. 1205 Business Park Drive Dixon, CA 95620 as Contractor for certain improvement work: To wit, Contract 2010-01, Central Harbor Dock Replacement Project at Central Harbor (approximately 1 Cutter Avenue), in Pittsburg, CA of which the City of Pittsburg is the Owner. 2. That the surety upon the bond of the Contractor for said improvement work is: Western Surety Company P.O. Box 3018 Bothell, WA 98041-3018 3. That said improvement work was accepted by the City Council of the City of Pittsburg as complete on the 16th day of September, 2013. ________________________________________ Keith R. Halvorson City Engineer State of California County of Contra Costa 4. ) ) ss.
I, Keith R. Halvorson, being first duly sworn, depose and say that: I am the City Engineer of the City of Pittsburg, a municipal corporation of the State of California, and I am authorized to make this verification for, and on behalf of, said City, that I have read the foregoing Notice of Completion and know the contents thereof; and the same is true to the best of my knowledge and belief. ________________________________________ Keith R. Halvorson City Engineer
Subscribed and sworn to (or affirmed) before me on this day of , 20____ by Keith R. Halvorson proved to me on the basis of satisfactory evidence to be the person who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. _________________________________________ Kathy Comtois, Notary Public
TABLE "A" Contract 2010-01, Centra Harbor Dock Project Final Expendatures Summary
Project 3328
Project Funding:
RDA Funding Total Funding $ $ 2,207,381.00 2,207,381.00
Project Costs:
Design (2122) Permits Surveying & Misc Design Harbor Master Office (2122) Purchase and Installation Miscellaneous (1399) Postage Reproduction Advertising Construction (2122) Construction Contract Contract Change Orders Material Testing Staff Time (1101) Staff Design Costs Staff Construction Costs Admin Overhead (2372) Overhead Costs $ $ Design Total $ $ Harbor Master Office Total $ $ $ $ Miscallaneous Total $ $ $ $ Construction Total $ $ $ Staff Time $ $ Admin Overhead $ 640.00 220,626.35 221,266.35 159,835.81 159,835.81 11.70 973.75 485.96 1,471.41 1,733,790.00 (192,590.00) 8,106.90 1,549,306.90 2,017.89 19,512.77 21,530.66 21,430.89 21,430.89 1,974,842.02 232,538.98
Total Project Cost (Design, Bidding, and Construction) $ Estimated Remaining Funds $
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/4/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution for Approval of an Agreement Between the City of Pittsburg and Pica Deli, Inc. for Reimbursement of Funds for Construction of Tenant Improvements and Allocation of $20,000 from Economic Development Fund Reserves 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg (the "City") and Pica Deli, Inc. (Pica Deli), a California corporation, will enter into a reimbursement agreement of funds for construction of certain tenant improvements (the "Agreement"). The tenant improvements are those consistent with a cafe/deli space with outdoor dining (the "Project") located at 1005 Center Drive (the "Premises"). FISCAL IMPACT If approved, the resolution will authorize reimbursement of $166,000 from the Library Improvements Project for tenant improvements and $150,000 from the Economic Development Fund authorized by the City Council to be used for equipment, furniture, and minor construction related improvements. Staff is recommending the additional funding and reimbursement approval of $20,000 for interior and exterior signage for the Project to be funded from the Economic Development Reserve Account. The Economic Development Fund balance is approximately $1,015,152. The allocation of $20,000 brings this balance to $995,152. The "Qualified Project Costs" is included in Attachment A of the Reimbursement Agreement. RECOMMENDATION Approve the Reimbursement Agreement with Pica Deli authorizing the reimbursement of up to $336,000 for the completion of the cafe/deli, allocate $20,000 from the Economic Development Fund (Fund 202) Reserves and authorize the City Manager to carry out any additional tasks required pursuant to the Sublease and Resolution.
BACKGROUND The Pittsburg Public Library located at 80 Power Avenue recently expanded as part of the City of Pittsburgs Library Renovation Project. This project included the expansion of an additional 2,120 square feet to the library, as well as the addition of a coffeehouse. The coffeehouse is approximately 1,280 square feet of interior space and an additional 910 square feet of outdoor dining. The City of Pittsburg and Pica Deli, Inc. entered into a lease agreement on April 15, 2013 to operate a cafe/deli within the Premises. Caf Pica Deli, a cafe in the Gateway office complex in Concord, and has been in the food service business for more than 20 years. Caf Pica Deli is an authorized retailer for Peets brand coffee with the nearest locations being in Concord and Brentwood.
SUBCOMMITTEE FINDINGS The Agreement was discussed with the Economic Development/Waterfront Development Subcommittee members on July 11, 2013. STAFF ANALYSIS The City is working with Pica Deli to design and construct the Project. Because City funds are used to construct the Project, the City will retain ownership of the completed improvements and all assets purchased with City funds. The disbursement of the City funds will be on a reimbursement basis. Pica Deli will be required to submit a requisition with supporting documents such as a contractor's payment application, showing work completed, and invoices or receipts for fees paid. The Project budget has been programmed with allowances so that the funds are not fully expended on one task. ATTACHMENTS: Resolution Reimbursement Agreement Lease
Report Prepared By: Kolette Simonton, Community Relations Manager
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution of the City Council of the City of Pittsburg, California, Approval of an Agreement Between the City of Pittsburg and Pica Deli, Inc. for Reimbursement of Funds for Construction of Tenant Improvements ) ) ) RESOLUTION NO. 13) )
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, on April 15, 2013, City of Pittsburg (the City), approved Resolution 13-11958, approving a lease agreement between City and Pica Deli, Inc., a California corporation (the "Tenant"), to operate a deli/cafe located at 1005 Center Drive (the Premises); and WHEREAS, on April 15, 2013, City Resolution 13-11958 authorized the use of $150,000 from the Economic Development Fund to assist in equipment, furniture, and related improvements; and WHEREAS, on April 8, 2013, City Resolution 13-11952 authorized the allocation of an additional $66,000 to the Library Improvements Project (Project 3326) of which $21,000 remains and can be used for the leased coffee shop; and WHEREAS, on May 20, 2013, City Resolution 13-11969 authorized the allocation of an additional $84,000 to the Library Improvements Project for the tenant improvements related to the leased coffee shop; and WHEREAS, unexpended funding in the Library Improvements Project budget totaling $61,000 is available for use for the leased coffee shop; and WHEREAS, staff is recommending the additional funding and reimbursement approval of $20,000 for interior and exterior signage to be funded from the Economic Development Reserves; and WHEREAS, the City and Pica Deli will enter into a reimbursement agreement for $326,000 for construction of certain tenant improvements (the Agreement); and WHEREAS, the tenant improvements are those consistent with a restaurant space with outdoor dining (the Project) located at 1005 Center Drive (the Premises). NOW, THEREFORE, the City Council finds and determines as follows: Section 1. The City Council finds and determines that the above recitals are true and correct and are incorporated herein. Section 2.
The City will work with Pica Deli to design and construct the Project within and around the Premises. Because City funds are used to construct the Project, the City will retain ownership of the completed improvements and all assets purchased with City funds. Section 3. The disbursement of the City funds will be on a reimbursement basis. Pica Deli will be required to submit a requisition with supporting documents such as a contractors payment application, showing work completed, and invoices or receipts for fees paid. Section 4. Allocate $20,000 from the Economic Development Fund (202) Reseves for the Pica Deli tenant improvements. Section 5. The City Manager is hereby authorized to execute such further documents and take such further actions necessary or appropriate to carry out the Citys obligation to carry out the Contract. Section 6. The City Clerk shall certify to the adoption of this Resolution. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT: __________________________ Nancy Parent, Mayor _____________________________ Alice E. Evenson, City Clerk
Resolution 13-
Page 2 of 2
September 16, 2013
Agreement for Reimbursement of Funds For Construction of Certain Tenant Improvements
This reimbursement agreement (this Agreement) dated as of September 16, 2013, (the Effective Date) by and between the City of Pittsburg (City) and Pica Deli Inc., a California Corporation, (Pica Deli). City and Pica Deli are collectively referred to in this Agreement as the Parties. RECITALS A. On April 15, 2013, City and Pica Deli entered into a lease agreement (the Lease) to lease approximately One Thousand Twelve Hundred Eighty (1,280) square feet of rentable space known as 1005 Center Drive and Nine Hundred Ten (910) square feet of outdoor space (the indoor and outdoor space collectively referred to herein as the Premises) with the City. F. Pica Deli intends to use the Premises for use as a full service deli/cafe and for ancillary catering jobs (the Cafe). G. The City desires to enter into this Reimbursement Agreement to reimburse Pica Deli for certain tenant improvements to be constructed by Pica Deli on the Premises pursuant to the Lease Agreement. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: ARTICLE I TENANT IMPROVEMENTS Pica Deli shall construct all 1.1 Construction of Tenant Improvements. improvements, changes, utility installations and alterations necessary to convert Premises into a restaurant ready condition (the Tenant Improvements). Pica Deli must comply with all of the following: (a) The Tenant Improvements may not materially impair the value or structural integrity of the Premises. (b) The Tenant Improvements must be necessary for the operation of the Restaurant. (c)Tenant Improvements must be according to sets of approved and stamped plans provided by City staff and designed by Michael Woldemar the architect . (e) The Tenant Improvements must be made in a good and workmanlike manner and in accordance with all applicable permits and all Applicable Laws. The
Pica Deli: Agreement for Reimbursement of Funds For Construction of Certain Tenant Improvements September 16,2013 Page 1
Parties hereby agree that the quality of the design and construction of the Tenant Improvements will be constructed as per the approved plans provided by City. (f) During the construction of any Tenant Improvements in, to or of, the Premises, or the permitted demolition or new construction or any restoration, Pica Deli shall comply with the insurance requirements set forth in Section 2.2, which policy or policies by endorsement thereto, if not then covered, will also insure any change, alteration or addition or new construction, including all materials and equipment incorporated in, on or about the Premises. (g) Prior to commencement of any construction, change, alteration or repair, Pica Deli shall deliver to the City not later than ten (10) business days written notice of the proposed work, a general description of the proposed work and sufficient information to permit the City to post a notice of nonresponsibility on the Premises. (h) In connection with construction of the Tenant Improvements, and before such construction commences, Pica Deli shall furnish the City with a performance bond in an amount not less than one hundred percent (100%) of the construction contract (or, in the event Pica Deli serves as its own general contractor, 100% of the anticipated construction costs of the Tenant Improvements), and a payment bond guaranteeing the completion of the Tenant Improvements free from liens of materialmen, contractors, subcontractors, mechanics, laborers, and other similar liens. The payment and performance bonds must be issued by a responsible surety company, licensed to do business in California and with a financial strength and credit rating acceptable to the City, and shall remain in effect until the entire construction costs for the Tenant Improvements have been paid in full. Any such bonds must be in a form satisfactory to the City in its reasonable discretion. (i) For the purposes of assuring compliance with this Agreement, representatives of the City have the reasonable right of access to the Premises without charges or fees and at normal construction hours during the period of construction for the purposes of this Agreement, including, but not limited to, the inspection of the work being performed in constructing the Tenant Improvements. Such representatives of the City shall be those who are so identified in writing by the City Manager. 1.2 No Right to Demolish. Notwithstanding any other provisions of this Article I, Pica Deli has no right to demolish the Tenant Improvements, once built, or to remove any improvements, equipment or items financed under this Agreement, unless Pica Deli has received the prior written approval of the City. 1.3 Compliance with Laws. Pica Deli shall carry out the construction of the Tenant Improvements in conformity with all applicable state and federal laws and regulations, including without limitation, all applicable state and federal labor laws and standards, and all applicable disabled and handicapped access requirements, including without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Section 51,
et seq as stated in approved plans per Architect. Pica Deli shall comply with all City ordinances and regulations relating to the conduct of construction, including without limitation, all City ordinances and regulations relating to noise, construction hours, and maintenance of the construction site. All of the foregoing state, federal and local laws, regulations and ordinances are hereafter referred to as the Applicable Laws. Pica Deli must receive written approval from the City prior to the construction of any Tenant Improvements that affect the Premises or the exterior of the building. Prior to expending any funds for the acquisition, installation and/or construction of any Tenant Improvements, Pica Deli hereby agrees to submit to City the plans, specifications, bid(s), and cost estimates for the undertaking of the Tenant Improvements. 1.4. Schedule of Performance. City shall forward all approved construction drawings to Pica Deli including all City Building Department applicable Permits within one week of of the Effective Date of this Agreement. Pica Deli shall commence construction of the Tenant Improvements no later than fourteen (14) days after the approval of all applicable building and design review permits and any other required state, county, or City approvals (Permits). Pica Deli shall complete all Tenant Improvements by the earlier of (i) no later than one hundred twenty (120) days after obtaining all Permits or (ii) no later than one hundred eighty (180) days after receipt of approval from the Contra Costa County Environmental Health Division. City may extend such deadlines at the Citys sole discretion. 1.5 Allowance for Tenant Improvements; Reimbursement from City. City will reimburse Pica Deli for costs incurred by Pica Deli for certain Tenant Improvements described in Exhibit A (Reimbursable Tenant Improvements), attached to this Agreement and incorporated herein by this reference, in an amount not to exceed Three Hundred Thirty Six Thousand Dollars ($336,000). This amount is inclusive of City fees for inspections, plan checks, applications, or similar development costs. City will not reimburse Pica Deli for any removable fixtures or equipment. Reimbursement will be made in accordance with Section 1.7 of this Agreement. 1.6 Pica Deli Responsible for Additional Costs. All costs incurred by Pica Deli in connection with the Reimbursable Tenant Improvements in excess of Three Hundred Sixteen Thousand Dollars ($316,000) are the sole responsibility of Pica Deli. All costs incurred by Pica Deli that are determined to be non-reimbursable under this Agreement are the sole responsibility of Pica Deli. 1.7 [Purposely Omitted.]
1.8 Request for Reimbursement. Pica Deli shall submit separate written requests for each disbursement of Reimbursable Tenant Improvements, each in substantially the form attached hereto as Exhibit B (Form of Requisition), with supporting evidence for all amounts requested (each a Requisition). Pica Deli shall submit each Requisition to the City stating the purpose and amount of the requested disbursement. Pica Deli shall attach copies of any documents supporting the Requisition, including invoices, bids, contracts, payment schedules, photographs, product specifications, and evidence of the
payment of construction expenses (as applicable), by Pica Deli, required to have been paid by City under all prior Requisitions. The supporting documents shall state the time period in which work was performed, and the expenses to be funded with the Tenant Improvement allocation. Each Requisition must be numbered and specifically indicate the construction budget line items for which payment is requested, the percentage of the line item requested and the cumulative amount of the Tenant Improvement funds paid to date. City shall inspect each construction budget line item for which payment is requested and determine whether each budget line item is deemed complete and accepted by City. Reimbursement shall only be made for those items specifically requested in writing via the Requisition process set forth in this Agreement. 1.9. City Retention for Reimbursable Tenant Improvements. Notwithstanding any other provisions of this Agreement, the City will retain ten percent (10%) of all monies available for Reimbursable Tenant Improvements until the (1) City has done a final inspection of the Premises and the Tenant Improvements for quality of design and construction (as permitted under Section 1.1(i)), and (2) Pica Deli has received a Certificate of Occupancy for the Premises. 1.10 Prevailing Wages. To the full extent required by all applicable state and federal laws, rules and regulations, if any, Pica Deli and its contractors and agents shall comply with California Labor Code Section 1720 et seq. and the regulations adopted pursuant thereto (Prevailing Wage Laws), and are responsible for carrying out the requirements of such provisions. If applicable, Pica Deli shall submit to City a plan for monitoring payment of prevailing wages and shall implement such plan at the sole expense of Pica Deli. Pica Deli shall indemnify, defend (with counsel approved by City) and hold the Indemnitees harmless from and against all Claims which directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with, or relate to, the payment or requirement of payment of prevailing wages (including without limitation, all claims that may be made by contractors, subcontractors or other third party claimants pursuant to Labor Code Sections 1726 and 1781) or the requirement of competitive bidding in the construction of the Tenant Improvements, the failure to comply with any state or federal labor laws, regulations or standards in connection with this Agreement, including but not limited to the Prevailing Wage Laws, or any act or omission of Pica Deli related to this Agreement with respect to the payment or requirement of payment of prevailing wages or the requirement of competitive bidding, whether or not any insurance policies shall have been determined to be applicable to any such Claims. It is further agreed that City does not and will not waive any rights against Pica Deli that they may have by reason of this indemnity and hold harmless agreement because of the acceptance by City, or deposit by Pica Deli to City of any of the insurance policies described in this Agreement. The provisions of this Section 1.10 survive the expiration or earlier termination of this
Agreement. The indemnification obligations of Pica Deli as set forth in this Section shall not apply to Claims arising from the gross negligence or willful misconduct of the Indemnitees. 1.11 Ownership of Improvements. Pica Deli and its contractors and agents shall maintain records and receipts of all items purchased pursuant to this Agreement, and shall submit an inventory of all material items to the City within thirty (30) days of the issuance of a Certificate of Occupancy. All products, equipment, construction, services, and improvements resulting from the expenditure of these funds shall be the property of the City of Pittsburg and shall remain in the premises at all times. 1.12 As-Built Drawings. Pica Deli shall submit two sets of As-Built drawings to the City within thirty (30) days of the issuance of a Certificate of Occupancy.
ARTICLE II INDEMNITY AND INSURANCE 2.1 Indemnity. To the fullest extent permitted by law, Pica Deli shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against any and all Claims arising during the Term and arising from or in connection with any of the following: (i) the operation or management of the Premises, (ii) any work or thing done on or in the Premises, (iii) any condition of any alteration or addition constructed by Pica Deli on the Premises, (iv) any breach or default by Pica Deli in the performance of any covenant or agreement to be performed by Pica Deli pursuant to the terms of this Agreement, (v) any negligence of Pica Deli, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused to any person occurring during the Term in or on the Premises, and (vii) the furnishing of labor or materials by Pica Deli or its contractors, subcontractors, employees, or agents. In the event any such action or proceeding is brought against the City by reason of any such Claim, Pica Deli, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by Pica Deli hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, Pica Deli shall pay the reasonable fees of such counsel. The obligations of Pica Deli under this Article II do not apply to any Claim or other matter to the extent such arises as a result of the gross negligence or willful misconduct of the Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement. 2.2 Insurance Requirements. Pica Deli shall procure, at its sole expense, and maintain in full force and effect during the Term, the following insurance naming the City as additional insured and/or loss payee:
Pica Deli: Agreement for Reimbursement of Funds For Construction of Certain Tenant Improvements September 16,2013
Page 5
a. Comprehensive General Liability insurance against claims for bodily and personal injury, death and property damage caused by or occurring in conjunction with the operation of the Premises and the Cafe with a policy limit of at least Two Million Dollars ($2,000,000) per occurrence. b. Pica Deli shall maintain property insurance covering all risks of loss including flood (if required) for 100% of the replacement value of the Premises, the fixtures and any Improvements, naming the City as loss payee as its interests may appear. c. Workers compensation insurance that complies with the statutory requirements of the State of California. d. Automobile liability insurance for owned, hired and non-owned vehicles, with a combined single limit of at least One Million Dollars ($1,000,000). If Pica Deli undertakes the construction of the Improvements pursuant to Article VII, Pica Deli shall ensure that its general contractor and all subcontractors carry liability, property damage, workers compensation, and builders risk insurance throughout construction of the Improvements, naming the Indemnitees as additional insureds and otherwise in compliance with all requirements set forth in this Section 2.2. ARTICLE III MISCELLANEOUS 3.1 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 3.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the senders account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by firstclass or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipients time or on a nonbusiness day. City: City of Pittsburg 65 Civic Avenue Pittsburg, CA 94565 Attention: City Manager Telephone: 925-252-4133
Pica Deli:
Mike Yekta, President Pica Deli, Inc. 1850 Gateway Boulevard, Suite 290 Concord, CA 94520 Telephone: (925) 246-7868 Facsimile: (925) 246-7824
3.3 Captions; Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Lease. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both Parties have participated in the negotiation and drafting of this Agreement with the advice of counsel, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it. 3.4 Successors and Assigns. Subject to the restrictions on transfer set forth in Article XII, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Lease to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed. 3.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Contra Costa County, California or in the Federal District Court for the Northern District of California. 3.6 Attorneys Fees. If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, the prevailing party shall be entitled to recover from the other Party reasonable counsel fees, costs and necessary disbursements, as determined by the court having jurisdiction over the action.
3.7 Indemnity Includes Defense Costs. In any case where either Party is obligated under an express provision of this Lease, to indemnify and to save the other Party harmless from any damage or liability, the same shall be deemed to include defense of the indemnitee by the indemnitor, such defense to be through legal counsel reasonably acceptable to the indemnitee. 3.8 No Third-Party Beneficiaries; Disclaimer of Partnership, Lender/Pica Deli Relationship. Nothing contained in this Agreement is intended to or shall be deemed to confer upon any person, other than the Parties any rights or remedies hereunder. It is expressly understood and agreed that the City does not as a result of this Agreement in any way nor for any purpose become a partner of Pica Deli or a joint venturer with Pica Deli in the conduct of business or otherwise by Pica Deli. This Agreement is not intended to, and shall not be construed to create the relationship of principal and agent, partnership, joint venture, or association as between the City and Pica Deli. It is further expressly understood and agreed that this Agreement is not intended to, and shall not be construed to create the relationship of lender and borrower, and the City does not, solely as a result of this Agreement, become a lender to Pica Deli. 3.9 Entire Agreement. This Agreement, together with Exhibits A and B which by this reference are hereby incorporated herein, contains the entire agreement between the Parties relative to the transactions covered hereby. All previous correspondence, communications, discussions, agreements, understandings or proposals and acceptances thereof between the Parties or their representatives, whether oral or written, are deemed to have been integrated into and superseded by this Agreement and are of no further force and effect except as expressly provided in this Agreement. 3.10 Waiver; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties. 3.11 Time is of the Essence. Time is of the essence of this Agreement and of each provision hereof. 3.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument. 3.13 Action by the Parties. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City in its capacity as landlord hereunder is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the Citys City Manager or by any person who shall have been designated by the City Manager, without further
approval by the City Council unless the City Manager determines in his or her discretion that such matter requires consideration by the City Council. 3.14 Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the City or the City shall be personally liable to Pica Deli or its successors in interest in the event of any default or breach by the City or for any amount which may become due to Pica Deli or the permitted successors in interest of Pica Deli pursuant to this Agreement. [Signatures on Following Page]
Page 9
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their duly authorized representatives, in the City of Pittsburg, State of California, as of the date first written above. CITY OF PITTSBURG a California municipal corporation
By: City Manager
ATTEST:
REVIEWED AS TO FORM
By: City Clerk City Attorney
PICA DELI INC. By: ______________________________ Its: ______________________________
Page 10
EXHIBIT A Qualified Project Costs
Construction Construction Contract Contingency Furniture, Fixtures, Equipment (EDD Funds) Signage (Interior & Exterior) Budget $ $ $ $ $ 155,650.00 10,350.00 150,000.00 20,000.00 336,000.00
A-1
EXHIBIT B Form of Requisition for Qualified Project Costs
Requisition No. _____
Reference is made to that certain Reimbursement Agreement, dated as of ____________, 2013 (the Agreement), by and between the City of Pittsburg (City) and Pica Deli Inc., a California Corporation, (Pica Deli). Capitalized terms used herein and not otherwise defined shall have the meanings set forth in this Agreement. Pica Deli requests a disbursement of funds in the amount of $___________ as reimbursement for the costs incurred by Pica Deli for the Improvements as set forth on Schedule I attached hereto. The disbursement of the amount specified above, when added to all previous disbursements of Tenant Improvement allocation, will result in not more than $ _________________ of such funds having been used to pay or reimburse Pica Deli for costs incurred in construction of the Tenant Improvements. The balance of Tenant Improvement allocation after disbursement of funds requested pursuant to this requisition is $ . The disbursement of funds requested by this Requisition No. ______ (and as itemized in Schedule I attached hereto) is in conformity with the requirements of the Agreement.
_______________________________ Authorized Officer
Approval: ______________________________ City of Pittsburg
B-1
Schedule 1 [To be submitted by Pica Deli to the City Manager for review and approval prior to submission of the related requisition]
1. Description and costs of work: Dates work performed:

2132342.1
B-2
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/30/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Authorize the City Manager to Award a Construction Contract for Contract 2013-12, California Theatre Tenant Improvement Project 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Contract 2013-12, California Theatre Tenant Improvement Project (the Project) consists of tenant improvements in the retail spaces at street level on both sides of the theater entrance. Improvements include construction of a theater managers office, dressing rooms, a ticket booth, and other improvements required for operation of the theater by the theater management. If approved, this resolution will authorize the City Manager to award a construction contract for the Project. FISCAL IMPACT The Project currently has approximately $418,413 of funds remaining in the budget (Project 3324). These funds are estimated to be sufficient for the scope of work planned at this time. Staff requests that the City Manager be authorized to award a construction contract plus contingency in the total amount of $220,000. See attached Project Budget Summary.
RECOMMENDATION City Council adopt the attached Resolution authorizing the City Manager to award a construction contract plus contingency up to the amount of $220,000. Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City
Manager be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount.
BACKGROUND The tenant improvement project will construct improvements in the two commercial spaces located at 351 Railroad Avenue, known as Suite 100 and Suite 200. These spaces are planned for use by the theater manager for ticket sales, dressing rooms, and staff offices. Included in the proposed construction contract is relocating the stairway in each suite to allow for construction of a new doorway into the theater lobby, phone and internet wiring, electrical improvements to provide for the use of hair dryers in the dressing rooms, construction of walls, counter spaces, floor covering, and lighting. Other miscellaneous improvements to the theater funded through the existing Project budget that are not part of the construction contract include phone and internet wiring for the second floor offices, wifi internet access for the building, power for the second floor offices, stage lighting, a sound system, and additional theater seating. On May 6, 2013, the City entered into an agreement with JMA Architecture for design of the Project. The plans were prepared with input from City Staff and the theater management company that will be operating and coordinating events at the theater using the improved spaces. Bids for construction of the project are scheduled to be opened on September 18, 2013.
SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS In order to expedite construction, Staff is requesting that the City Manager be authorized to award a construction contract up to a pre-authorized amount. Staff estimates that a contract amount plus contingency of $220,000 can be authorized and stay within the existing Project budget. ATTACHMENTS: Budget Summary Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: A Resolution to Authorize the City Manager to Award a Construction Contract for Contract 2013-12, California Theatre Tenant Improvement Project ) ) ) ) RESOLUTION NO. 13-
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, Contract 2013-12, California Theatre Tenant Improvement Project (the Project) consists of constructing improvements in the retail spaces on both sides of the main theater entrance at 351 Railroad Avenue, known as Suite 100 and Suite 200; and WHEREAS, these spaces are planned for use by the theater manager for ticket sales, dressing rooms, and staff offices; and WHEREAS, other improvements to the theater funded through the Project budget include phone and internet access, stage lighting, a sound system, and additional theater seating; and WHEREAS, the Project currently has approximately $418,413 of funds remaining in the budget (Project 3324); and WHEREAS, these funds are estimated to be sufficient for the scope of work planned at this time; and WHEREAS, Staff estimates that the existing Project budget will allow for the award of a construction contract plus contingency in the amount of $220,000; and WHEREAS, Staff requests that the City Manager be authorized to award a construction contract plus contingency in the amount of $220,000; and WHEREAS, Staff further recommends that the City Engineer be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City Manager be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount. NOW, THEREFORE, the City Council finds and determines as follows: The City Council hereby finds and determines that the above recitals are true Section 1. and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below. Section 2. The City Council authorizes City Manager to award a construction contract plus contingency in the amount of $220,000.
Resolution No. 13-
Page 1 of 2
September 16, 2013
Section 3. The City Engineer shall be authorized to approve contract change orders for the Project for a total amount not to exceed 50% of the contingency and the City Manager shall be authorized to approve contract change orders for the Project for a total amount not to exceed 100% of the contingency amount. Section 4. The City Clerk shall certify to the adoption of this Resolution. Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ Nancy L. Parent, Mayor ATTEST: _______________________________ Alice E. Evenson, City Clerk
Resolution No. 13-
Page 2 of 2
September 16, 2013
Contract 2013-12, California Theater Tenant Improvements Project 3324
Project Funding FY 13/14 Rollover allocation Funding Total Project Expenditures: $418,413 $418,413
Design: (Code 2122)
Architect Design Subtotal
$20,000 $20,000
Miscellaneous: (Code 1399)
Advertising Reproduction Plan Review Fees Subtotal
$0 $2,000 $500 $2,500
Construction: (Code 2281)
Construction Contract Plus Contingency Miscellaneous Theater Equipment Low Voltage Wiring Subtotal
$220,000 $129,413 $11,500 $360,913
Staff Time: (Code 1101)
Staff Design Staff Construction Management Subtotal
$5,000 $30,000 $35,000
Expenditures Total
$418,413
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/29/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Accept a Utility Easement from the State of California Pittsburg Armory in Exchange for Granting Fee Title Interest of Real Property and Quitclaiming an Easement 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg (City) will accept a utility easement for a water pipe and pole line along Davi Avenue from the State of California Pittsburg Armory (Armory). The City requires the easement for maintenance of utilities installed above and below ground on Davi Avenue. In exchange, the City will grant to the Armory, in fee at no cost, a parcel of land south of the Armory building to be used for additional parking. In addition to the fee title transfer to the Armory, the City will quitclaim an easement that is no longer needed along Power Avenue back to the Armory to be used as part of the parking lot. FISCAL IMPACT Land surveys were necessary to complete the legal descriptions for the easements and parcel of land. The City contributed $490 towards the land survey fees from account number 110-41611-2199. There are no costs associated with the transactions contained in this report. RECOMMENDATION The City Council accept the utility easement along Davi Avenue, grant the parcel of land to the Armory, and quit claim an easement along Power Avenue back to the Armory. BACKGROUND On April 7, 2008, the City Council awarded Construction Contract 2007-01, Davi Avenue Improvement Project (Project) and approved a Project budget of $1,939,495. The Project was funded through the cooperative agreement between the City and the former Redevelopment Agency of the City of Pittsburg (Agency), established with the adoption of
City Council Resolution 06-10269 and Agency Resolution 06-1127, and a contribution from the Armory to supply a storm drain connection to their property. The 2004 Tax Allocation Bond provided $1,935,000 and the Armory provided $4,495 toward the Project budget. Pursuant to Resolution City Council 09-11363, dated December 21, 2009, a portion of Power Avenue, including the parcel the City is granting to the Armory, was vacated and is no longer accessible for through traffic to the public. The Projects original scope was for the widening of Davi Avenue to accommodate increased traffic flows caused by the closure of Power Avenue between Railroad Avenue and Davi Avenue as part of the mid-rise construction. Included in the scope of work was the undergrounding of the overhead utilities, installation of new sidewalks, lighting, and landscaping. It was also determined to be advantageous to include portions of the Civic Center surface parking and utility extensions, installation of a storm drain treatment device on Davi Avenue, and demolition work of underground utilities for the courthouse site. The Project was completed on January 30, 2009.
SUBCOMMITTEE FINDINGS None. STAFF ANALYSIS The City will accept a 1,423 sq. ft. utility easement for a water pipe and pole line along Davi Avenue from the Armory. The City requires the easement for maintenance of utilities installed above and below ground on Davi Avenue. In exchange, the City will grant to the Armory, in fee at no cost, the 9,749 sq. ft. parcel of land south of the Armory building to be used for additional parking. In addition to the fee title transfer to the Armory, the City will quitclaim a 11,330 sq. ft. easement along Power Avenue back to the Armory, previously granted to the City on April 1, 1958, in Book 3292, Page 6, Official Records of Contra Costa County to be used as part of the parking lot. This easement is no longer needed because utilities no longer exist on this portion of Power Avenue. The easement along Davi Avenue replaces the Power Avenue easement being relinquished ATTACHMENTS: 1. Resolution 2. Aerial Map 3. Agreement and Grant of Easement Armory to City 4. Grant Deed City to Armory 5. Easement Quit Claim Deed City to Armory
Report Prepared By: Melaine Venenciano, Administrative Analyst
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution to Accept a Utility ) Easement from the State of California ) Pittsburg Armory in Exchange for Granting ) Fee Title Interest of Real Property and ) Quitclaiming an Easement_____________ ) RESOLUTION NO.13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, on April 7, 2008, the City Council awarded Construction Contract 200701, Davi Avenue Improvement Project (Project) and approved a Project budget of $1,939,495; and WHEREAS, the Project was funded through the cooperative agreement between the City of Pittsburg (City) and the former Redevelopment Agency of the City of Pittsburg, established with the adoption of City Council Resolution 06-10269 and Agency Resolution 06-1127, and a contribution from the State of California Pittsburg Armory (Armory) to supply a storm drain connection to their property; and WHEREAS, the 2004 Tax Allocation Bond provided $1,935,000 and the Armory provided $4,495 toward the Project budget; and WHEREAS, pursuant to City Council Resolution 09-11363, dated December 21, 2009, a portion of Power Avenue, including the parcel the City is granting to the Armory, was vacated and is no longer accessible for through traffic to the public; and WHEREAS, the Projects original scope was for the widening of Davi Avenue to accommodate increased traffic flows caused by the closure of Power Avenue between Railroad Avenue and Davi Avenue as part of the mid-rise construction. Included in the scope of work was the undergrounding of the overhead utilities, installation of new sidewalks, lighting, and landscaping. It was also determined to be advantageous to include portions of the Civic Center surface parking and utility extensions, installation of a storm drain treatment device on Davi Avenue, and demolition work of underground utilities for the courthouse site; and WHEREAS, the Project was completed on January 30, 2009; and WHEREAS, the City requires the easement for maintenance of utilities installed above and below ground on Davi Avenue; and WHEREAS, the Armory requires the 9,749 sq. ft. parcel of land south of the Armory building to be used for additional parking; and WHEREAS, the City no longer needs the Power Avenue easement because utilities no longer exist on this portion of Power Avenue. The easement along Davi Avenue replaces the Power Avenue easement being relinquished.
NOW, THEREFORE, the City Council finds and determines as follows: Section 1. The recitals set forth are true and correct statements and are hereby incorporated in the staff report. Section 2. The City will accept a 1,423 sq. ft. utility easement for a water pipe and pole line along Davi Avenue from the Armory. Section 3. In exchange for the Davi Avenue easement, the City will grant to the Armory, in fee at no cost, the 9,749 sq. ft. parcel of land south of the Armory building to be used for additional parking. Section 4. In addition to the fee title transfer to the Armory, the City will quitclaim a 11,330 sq. ft. easement along Power Avenue back to the Armory, previously granted to the City on April 1, 1958, in Book 3292, Page 6, Official Records of Contra Costa County. Section 5. The City Manager is hereby authorized to execute the Agreement and Grant of Easement, Grant Deed, and Quit Claim documents and to take such further actions as may be necessary or appropriate to carry out the Citys obligations pursuant to this Resolution. Section 6. The City Clerk shall certify to the adoption of this Resolution. Section 7. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _______________________ Nancy L. Parent, Mayor ATTEST: ________________________________ Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/4/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Approve the Second Amendment to a Consultant Agreement for an Environmental Analysis for the Mt. Diablo Resource and Recovery Park. 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY On August 5, 2013, Contra Costa Waste Services submitted a revised project description and site plan for Use Permit and Design Review Application No. 10-712, which is intended to bring the current operations at the Recycling Center and Transfer Station (RCTS), the Mt. Diablo Recycling Facility (MDRF) and the Mixed Construction and Demolition (C&D) Processing facilities under a single entity referred to as the Mt. Diablo Resource Recovery Park (MDRRP). The consultant hired to complete environmental analysis must revise the Draft Environmental Impact Report (Draft EIR) for the project in order to reflect the project change. To complete this work, staff recommends approval of the second amendment to the original consultant agreement and allocation of funds deposited by the applicant for a total budget of $214,405. FISCAL IMPACT The proposed resolution would approve an amendment to a contract with Pacific Municipal Consultants (PMC). The current contract ($163,656) including the first amendment to the original contract would be amended to allow the consultant to update the Administrative Draft EIR to account for the revised project description and site plan submitted on August 5, 2013, totaling $50,749 for a total project budget of $214,405. Any unexpended funds from the contracted amount will be returned to the applicant following completion of the CEQA process.
RECOMMENDATION
City Council adopt the attached resolution authorizing execution of the Second Amendment to the Contract with PMC for professional environmental consulting services for the proposed MDRRP project. BACKGROUND On August 23, 2010, Contra Costa Waste Services submitted Use Permit and Design Review Application No. 10-712, to bring the current solid waste and recycling operations at the RCTS, MDRF and the C&D recycling facility under a single entity referred to as the Mt. Diablo Resource Recovery Park (MDRRP), and to increase the total amount of materials processed at all three facilities from 2,200 tons per day (tpd) to a total of 5,500 tpd. Staff determined that the project would be subject to CEQA, which requires that certain studies be performed for development proposals to identify potential environmental impacts resulting from the development. On October 8, 2010, PMC submitted a proposal to prepare an initial study and EIR for the project. On December 14, 2010, the City Manager authorized a consultant agreement in an amount not to exceed $120,800, which is within the City Managers signing authority. On May 17, 2011, a Notice of Preparation (NOP) of an EIR was released for the MDRRP project. Through the Initial Study process, staff determined that additional studies and tasks previously identified as optional in the original scope of work should be conducted in order to fully evaluate the potential environmental impacts of the proposed project including completion of a traffic study, as well as air quality and water systems analysis. On July 18, 2011, the City Council adopted Resolution No. 11-11685, approving the first contract amendment to cover the additional studies and analysis for the project. In November, 2012, the applicant directed Planning staff to put the project and environmental review process on hold pending anticipated project changes. On August 5, 2013, the applicant submitted a revised project description and site plan showing a physical expansion of the plant to encompass 18.5 additional acres west and south of the current project site. The additional acreage includes the former GWF site (five acres) as well as approximately 13.5 acres of POSCO land located west of the current facility. The additional acreage would be used for vehicle and equipment storage to support the proposed operational expansion as described in the initial application. On August 2, 2013, PMC submitted a contract modification request detailing scope and cost of the additional effort needed to update the Draft EIR to reflect the project changes including revisions to the Air Quality, Greenhouse Gases and Health Risk Assessment study to reflect current environmental conditions for an additional fee of $58,026. SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS As noted above, an Initial Study was conducted on the proposed MDRRP project, and a NOP for an EIR was released on May 17, 2011. A revised project description and site plan were submitted in August 2013 necessitating a thorough review and update of the already drafted Administrative Draft EIR. If approved, the contract amendment will increase the total consultant agreement amount from $163,656 to $214,405. Contra Costa Waste Services has agreed to deposit sufficient funds with the City to reimburse the additional costs. As
noted above, any unexpended funds from the contracted amount will be returned to the applicant following completion of the CEQA process. ATTACHMENTS: Resolution Proposed Second Amendment to Consultant Agreement PMC Contract Modification Request Report Prepared By: Leigha Schmidt, Associate Planner
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Allocating Funds and Authorizing the City Manager to Execute the Second Amendment to a Contract for Environmental Consultant Services ) ) ) )
RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, Contra Costa Waste Services, Inc. has submitted Use Permit and Design Review Application No. 10-712, to bring the current solid waste and recycling operations at the Recycling Center and Transfer Station, the Mt. Diablo Recycling and the Mixed Construction and Demolition Processing facilities currently operating at 1300 Loveridge Road in Pittsburg under a single entity referred to as the Mt. Diablo Resource Recovery Park (MDRRP); and, WHEREAS, on August 5, 2013, the applicant submitted a revised project description and site plan showing a physical expansion of the plant to encompass 18.5 additional acres west and south of the current project site to be used for vehicle and equipment storage to support the proposed operational expansion at the existing facility; and, WHEREAS, the California Environmental Quality Act of 1970 (CEQA) requires agencies to assess whether a development project may have significant environmental impacts; and, WHEREAS, the City entered into an contract with Pacific Municipal Consultants (PMC) to complete the necessary studies for the MDRRP for an amount not to exceed $163,656; and, WHEREAS, the City has received a contract modification request detailing scope and cost of the additional effort needed to update the Draft EIR to reflect the project and site modifications, including revisions to the Air Quality, Greenhouse Gases and Health Risk Assessment study to reflect current environmental conditions for an additional fee of $50,749; and, WHEREAS, Contra Costa Waste Services, Inc. has agreed to deposit funds with the City of Pittsburg sufficient to reimburse the cost of the environmental studies and tasks necessary to comply with CEQA so the City has the information necessary to evaluate its development proposal. NOW, THEREFORE, the City Council finds and determines as follows:
Section 1. The Council approves the execution of the second amendment to the Contract with PMC for environmental consulting services in an amount not to exceed $50,749 for Resolution No. 13Page 1 of 2 September 16, 2013
additional studies and tasks related to the MDRRP development proposal submitted to the City of Pittsburg. Section 2. The allocation of up to $50,749 above the previous contract amount, to be deposited by Contra Costa Waste Services, is approved for the purpose of reimbursing the Citys costs related to the preparation of the EIR for the Mt. Diablo Resource Recovery Park proposal described above. Section 3. The Amended Contract shall be administered by the Planning Manager. Section 4. The City Manager is hereby authorized to execute the Amended Contract with PMC for environmental consulting services on behalf of the City of Pittsburg up to the limits specified in Sections 1 and 2 above. Section 5. The Finance Director is hereby authorized to issue a new purchase order to PMC for the above described services to implement the approved Contract Amendment. Section 6. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ Nancy L. Parent, Mayor ATTEST:
______________________________ Alice E. Evenson, City Clerk
Page 2 of 2
SECOND AMENDMENT TO CONTRACT FOR ENVIRONMENTAL CONSULTING SERVICES FOR MOUNT DIABLO RESOURCE RECOVERY PARK
This Second Amendment to CONTRACT ("Second Amendment") is made on this 16th day of September, 2013, ("Second Amendment Effective Date") by and between the City of Pittsburg (City) and Pacific Municipal Consultants (Consultant) with respect to the matters hereinafter stated. RECITALS WHEREAS, on December 14, 2010, the City and the Consultant entered into an contract for the preparation of an Initial Study, Environmental Impact Report (EIR), and requisite studies, for the proposed Mount Diablo Resource Recovery Park located at 1300 Loveridge Road in Pittsburg, Ca (Contract); and WHEREAS, on July 18, 2011, the City Council adopted Resolution No. 11-11685, approving the first contract amendment to cover the additional studies and analysis related to Traffic, Air Quality, and Utilities; and, WHEREAS, on August 5, 2013, the applicant submitted a revised project description and site plan showing a physical expansion of the plant to encompass 18.5 additional acres west and south of the current project site. The additional acreage includes the former GWF site (five acres) as well as approximately 13.5 acres of POSCO land located west of the current facility. The additional acreage would be used for vehicle and equipment storage to support the proposed operational expansion as described in the initial application; and, WHEREAS, PMC submitted a contract modification request included as Exhibit A of the Contract, detailing scope and cost of the additional effort to update the Draft EIR to reflect the project changes including revisions to the Air Quality, Greenhouse Gases and Health Risk Assessment study to reflect current environmental conditions for an additional fee of $50,749. NOW THEREFORE, the City and the Consultant, for the considerations hereinafter named, agree as follows: 1. The recitals to this Second Amendment are by this reference incorporated herein as though set out in full. 2. Section 3A of the Contract shall be and the same is hereby amended to read as follows: " 3. Compensation. The Consultant shall be paid for the actual fees, costs and expenses for all time and materials required and expended, pursuant to the Contract Modification Request dated August 2, 2013, and incorporated herein as Exhibit A , but in no event shall total compensation exceed two hundred and twentyPage 1 of 3
one thousand, six hundred and eighty-two dollars ($214,405) without City's prior written approval." 3. Except as otherwise expressly amended or modified herein, the terms and conditions of the Contract for Environmental Consulting Services shall remain in full force and effect. Should the validity of this Contract Modification be called in question in litigation or otherwise and determined to be invalid for any reason, such determination shall in no way affect the validity of the original Contract which shall remain in full force and effect in accordance with its original terms. IN WITNESS WHEREOF, the parties hereto have executed the First Amendment to the Agreement effective on the day and year first identified above. CITY OF PITTSBURG: By:________________________ Title: Joe Sbranti CONSULTANT: By:____________________________ Title: Philip O. Carter, President
APPROVED AS TO FORM: By:_________________________ Ruthann G. Ziegler, City Attorney
ATTEST: By:_________________________ Alice Evenson, City Clerk
Page 2 of 3
Page 3 of 3
August 2, 2013
Ms. Leigha Schmidt, Associate Planner CITY OF PITTSBURG PLANNING DEPARTMENT 65 Civic Avenue Pittsburg, CA 94565-3814 RE: MT. DIABLO RESOURCE PARK EIR CONTRACT MODIFICATION REQUEST
Dear Ms. Schmidt: This letter serves as a request to modify the existing contract between PMC and the City of Pittsburg due to additional effort associated with changes to the project description as well as changes required due to extension of the project schedule.
CHANGES TO THE PROJECT AND ASSUMPTIONS FOR THE ANALYSIS

Based on project materials provided with the revised site plan and discussion at the July 8 meeting, PMC assumes the follow regarding changes to the analysis in the DEIR. The application includes the potential for a future digester, but the applicant is not seeking any entitlement for a digester and the technical details and the timing of its implementation are not known. Given the changing technology for this type of process, any assumptions about the digester would be speculative and will not be addressed in the EIR. The project will add the GWF property on the adjacent property to the project site. GWF has ceased operations and is dismantling the facility for use of the equipment at another location. As the shutdown of the GWF facility is a result of changes in GWF operations in the area and is independent of the operation at the Mt Diablo facility, the EIR will not address effects of the shut down or dismantling of the GWF facility. Regarding footprint impacts related to the areas added since preparation of the draft EIR, one area is has been developed for use by GWF, another 5-acre portion is currently leased by Mt. Diablo Recycling Center for use as storage, and another vacant area. PMC assumes that the former GWF area and leased area are currently disturbed and used for purposes that would not substantially differ from those under the project as proposed and, therefore, would not require substantial new analysis related to footprint effects (e.g., biological, cultural, hazards, etc.). While the remaining portion is currently undeveloped, its development was previously considered in the Mitigated Negative Declaration (MND) for the Columbia Solar Project. PMC assumes the DEIR analysis can rely on the analysis in the MND to address the footprint effects of the proposed project.
Leigha Schmidt, Associate Planner August 2, 2013 Page 2
PMC will revise the previous EIR and submit the document as a second Administrative Draft EIR. After City review and comments, PMC will revise the document for circulation through the State Clearinghouse. The remaining tasks to complete the environmental process include revision of the Draft EIR for an Administrative Draft EIR and public circulation Draft EIR, responses to comments on the Draft EIR for an Administrative Final EIR and Final EIR, mitigation monitoring and reporting program (MMRP), and Findings. Preparation of the Administrative FEIR and FEIR, MMRP, and Findings are described in the original scope of work. The following describes the tasks required to complete the revisions to the DEIR to adequately address the project as currently proposed. Characterization and Analysis of Changes to Project Since Circulation of the NOP PMC will describe the changes to the project since circulation of the Notice of Preparation. Because certain issue areas were focused out in the NOP due to the project including areas only inside the facilitys existing footprint, those topics will need to be addressed in the EIR. Rather than include new technical sections in the EIR. PMC will document those changes in the Introduction chapter of the DEIR. The analysis will describe the existing conditions on those sites described in the Assumptions above, and analyze potential effects that could occur, based on project information or information contained in the Columbia Solar Project MND. Respond to Applicant Comments on Previous DEIR/ Revise Technical Sections PMC will respond to comments on the DEIR submitted by the applicant. This task will also include revisions to existing Project Description and technical sections that are needed to adequately address the project as revised. PMC will update EIR figures to depict the project as currently proposed. This task also includes document production and printing. Revisions to Air Quality, Greenhouse Gases, and Health Risk Assessment Since preparation of the DEIR, an updated version of the CalEEMod computer program, which was used to model project emissions, has been released. As the DEIR will need to include modeling for construction impacts of the new areas, the DEIR will need to remodel the entire project and to ensure the modeling is internally consistent, the project will be remodeled with the updated CalEEMod. In addition, BAAQMD is now recommending that all pollutants emitted from operation of the biomass plant (in addition to DPM) be quantified and included in the analysis. The revised Health Risk Assessment will also include potential risks at the proposed Sunnyside development. Tasks for Air Permitting Specialists Re-calculate current and future emissions of toxic air pollutants and greenhouse gases from equipment and trucks Re-Run Dispersion Model Re-Calculate Risks (Cancer, Acute, and chronic non-cancer risks). Create risk plots Apply mitigation as required, to determine post mitigation impacts
Revise AQ Report. Assess significance of AQ, GHG and Health impacts. Revise as per inhouse comments Tasks for Ambient Peer review report from Air Permitting Specialists Update DEIR AQ Section (including setting, as applicable) Update DEIR GHG Section (including setting, as applicable) Update Construction Emissions Calculations Prepare DEIR for Public Circulation Based on City comments on the second Administrative Draft EIR, PMC will revise the document to complete the DEIR for public circulation through the State Clearinghouse. Because the City will have reviewed most of the document, PMC assumes this effort would be less than that assumed in the original budget.
REVISIONS TO THE BUDGET

Based on the original scope of work, PMC assumes the cost to complete the FEIR, MMRP, and Findings for the Mt. Diablo Resource Park Project is $16,865. The cost to complete the revisions to the Draft EIR is $41,161. There is currently $7,276 remaining in the budget for the project. Therefore, PMC is requesting a budget modification for $50,749. The following is a summary of the contract modification request, including PMCs markup for subconsultants: Analysis of Project Changes: Respond to Applicant Comments: Graphics Printing Revisions to AQ/GHG/HRA: PMC Air Permitting Specialists Ambient Air Prepare DEIR for Circulation FEIR, MMRP, Findings Amount Remaining in Budget Total Requested: $7,600 $4,560 $1,200 $800 $3,240 $9,075 $7,656 $7,030 $16,865 ($7,276) $50,749
Please let me know if you have any questions or would like additional information. We look forward to working with you to complete the CEQA process for this project. Sincerely,
Pat Angell Project Director
Patrick Hindmarsh Project Manager
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 8/28/2013 Mayor and Council Members Joe Sbranti, City Manager Second Reading and Adoption of an Ordinance Amending the Municipal Code Title 5 Business Licenses and Regulations Relating to Charitable and Nonprofit Organizations and Exemptions 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Citys current regulations exempt non-profit organizations from payment of the license tax but not all fees required to apply or renew their licenses annually with the City. The amendment to Title 5 Business Licenses and Regulations of the Pittsburg Municipal Code will exempt for charitable and nonprofit organizations from the fees associated with processing the application for a new license or renewals and add a license fee exemption for live performances. The City Council heard the First Reading of the Ordinance amending the Municipal Code on August 19, 2013. The changes to the Municipal Code are ready to be adopted by the City Council. FISCAL IMPACT The City has 51 charitable and nonprofit organizations registered with the City generating approximately $2,000 in business license revenues. These organizations will still be required to complete an application for business license annually but will be exempt from the fees for processing the application and business permit. While live performances generate approximately $200 in revenues each year, the administration fee does not cover the Citys cost for staff time needed to process these licenses. The exemption will therefore generate a cost savings for the City. RECOMMENDATION The City Council heard the First Reading of the Ordinance amending the Municipal Code on August 19, 2013. The changes to the Municipal Code are ready to be adopted by the City Council.
BACKGROUND Pursuant to the Citys ordinance and as mandated by the State Franchise Tax Board and Internal Revenue Service, charitable and non-profit organizations are exempt from payment of the business license tax. However, these organizations are not exempt from paying the application/renewal fees, and processing fees for business permits. Since these organizations are managed and operated for the benefit of charitable purposes from which profit is not derived, the current policy may present a hardship. In consideration of their purpose and in response to requests to waive fees brought to City staff, staff is proposing an amendment to the municipal code to exempt non-profit organizations from all business license fees and business permits. However the City still needs to have the authority to regulate and monitor their activities, so non-profit organizations will still be required to obtain a business license. Staff recommends this change to be effective retroactively to January 1, 2013. Upon Council approval, staff will refund payments received during the current year to approximately 36 organizations for a total of $1,322 in license fees. In addition, the City currently requires live performers to obtain a business license. All event planners, promoters or entertainment venues sponsoring or organizing the live performance are required to obtain a license regardless of whether the special event is carried on for charitable purposes. Their license taxes are based on income derived from their performances. To promote economic development and encourage performing arts in the City, staff proposes to exempt the performers from the requirement to obtain a business license and business permit. SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS The proposed amendment incorporates the following changes into the existing ordinance: Revise Ordinance to exempt charitable organizations from license fees Add Exemptions Live Performers exemption live performers from the requirement to obtain a business license or business permit. Business license and permit requirement remains in effect for event planners, and promoters. ATTACHMENTS: Amended Ordinance 13-1376 Exhibit 1 Article III. Exemptions License Tax Exhibit 2 Amended Article III. Exemptions License Tax Report Prepared By: Margie Padua, Revenue and Collections Manager Report Reviewed By: Tina Olson, Director of Finance and Administration
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Ordinance Amending Municipal Code ) Section 5.04.080, Adding Section ) 5.04.085 Related to Business Licenses ) and Amending Section 5.12.070 Related ) ) to Business Permits
ORDINANCE NO. 13-1376
The City Council of the City of Pittsburg DOES ORDAIN as follows: SECTION 1. Amendment to Municipal Code Section 5.04.080 Section 5.04.080 Exemptions License Tax Charitable and religious organizations. is hereby amended to read as follows: 5.04.080 Exemptions License tax and License fees Charitable and nonprofit organizations. A. Unless otherwise provided in this chapter, the following activities and organizations are exempt from payment of license tax and license fees: 1. The conducting, managing or carrying on of any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; 2. The conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose; 3. The conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. B. In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the director of finance: 1. The organization or activity has received or has formally applied for tax exempt status from the State Franchise Tax Board and Internal Revenue Service where applicable;
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2. The proposed activity will not be in conflict with any provisions of this code, state or federal law. C. For purposes of this section, charitable means and includes patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported. An activity defined as religious or a religion shall not mean and include charitable as herein defined, but shall be given their commonly accepted definitions. SECTION 2. Amendment to Municipal Code Section 5.04.085 Section 5.04.085 Exemptions Live Performers. is hereby added to Title 5.04 to read as follows: 5.04.085 Exemptions Live Performers. The requirement to obtain a business license set forth in this chapter does not apply to businesses whose sole purpose is providing live entertainment, including but not limited to, bands, performers, dancers or comedians. Event planners, promoters or entertainment venues associated with these performers or performances are still required to obtain a business license. SECTION 3. Amendment to Municipal Code Section 5.12.070 Section 5.12.070 Permit Fees is hereby amended to read as follows:
5.12.070 Permit fees. A. The finance director shall impose a nonrefundable fee to recover the administrative costs of processing applications, issuing and renewing business permits, and administering this chapter. Such fees shall be established by resolution of the city council, amended from time to time. The payment of fees under this chapter shall not preclude the imposition of any administrative fees collected under any other provisions of the municipal code, or any other fees required under applicable law. B. All fees for the issuance, processing, and renewal of permits shall be paid at the time of filing the application with the finance director. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid. C. Charitable and nonprofit organizations, as set forth in Section 5.04.080, are exempt from the payment of the permit fees required pursuant to this Section. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected Ordinance No. 13-1376 Page 2 of 3 August 19, 2013
thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Pittsburg hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 5. Publication. The City Clerk shall either (a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation or (b) have a summary of the ordinance published twice in a newspaper of general circulation, once 5 days before its adoption and again 20 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Pittsburg held on August 19, 2013, and was adopted and ordered published at a meeting of the City Council held on , 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
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EXHIBIT 1 Article III. Exemptions 5.04.080 Exemptions License tax Charitable and nonprofit organizations. A. Unless otherwise provided in this chapter, the following activities and organizations are exempt from payment of license tax: 1. The conducting, managing or carrying on of any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; 2. The conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose; 3. The conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. B. In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the director of finance: 1. The organization or activity has received or has formally applied for tax exempt status from the State Franchise Tax Board and Internal Revenue Service where applicable; 2. The proposed activity will not be in conflict with any provisions of this code, state or federal law. C. For purposes of this section, charitable means and includes patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported. An activity defined as religious or a religion shall not mean and include charitable as herein defined, but shall be given their commonly accepted definitions. [Ord. 965 1, 1989.]
EXHIBIT 1 5.12.070 Permit fees. A. The finance director shall impose a nonrefundable fee to recover the administrative costs of processing applications, issuing and renewing business permits, and administering this chapter. Such fees shall be established by resolution of the city council, amended from time to time. The payment of fees under this chapter shall not preclude the imposition of any administrative fees collected under any other provisions of the municipal code, or any other fees required under applicable law. B. All fees for the issuance, processing, and renewal of permits shall be paid at the time of filing the application with the finance director. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Pittsburg hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
EXHIBIT 2 Article III. Exemptions 5.04.080 Exemptions License tax and License fees Charitable and nonprofit organizations. A. Unless otherwise provided in this chapter, the following activities and organizations are exempt from payment of license tax and license fees: 1. The conducting, managing or carrying on of any business, occupation or activity, from any institution or organization which is conducted, managed or carried on wholly for the benefit of charitable purposes or from which profit is not derived, either directly or indirectly, by any individual, firm or corporation; 2. The conducting of any entertainment, concert, exhibition or lecture on scientific, historical, literary, religious or moral subjects, whenever all the receipts thereof are to be appropriated to any church or school or to any religious or benevolent purpose; 3. The conducting of any entertainment, dance, concert, exhibition or lecture by any religious, charitable, fraternal, educational, military, state, county or municipal organization or association, whenever the receipts of such are to be appropriated for the purpose and objects for which such organization or association was formed, and from which profit is not derived, either directly or indirectly, by any individual, firm or corporation. B. In making a determination as to the exempt status of any organization or activity hereunder, the following criteria are to be considered by the director of finance: 1. The organization or activity has received or has formally applied for tax exempt status from the State Franchise Tax Board and Internal Revenue Service where applicable; 2. The proposed activity will not be in conflict with any provisions of this code, state or federal law. C. For purposes of this section, charitable means and includes patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, either actual or purported. An activity defined as religious or a religion shall not mean and include charitable as herein defined, but shall be given their commonly accepted definitions.
EXHIBIT 2 5.04.085 Exemptions Live Performers. The requirement to obtain a business license set forth in this chapter does not apply to businesses whose sole purpose is providing live entertainment, including but not limited to, bands, performers, dancers or comedians. Event planners, promoters or entertainment venues associated with these performers or performances are still required to obtain a business license.
5.12.070 Permit fees. A. The finance director shall impose a nonrefundable fee to recover the administrative costs of processing applications, issuing and renewing business permits, and administering this chapter. Such fees shall be established by resolution of the city council, amended from time to time. The payment of fees under this chapter shall not preclude the imposition of any administrative fees collected under any other provisions of the municipal code, or any other fees required under applicable law. B. All fees for the issuance, processing, and renewal of permits shall be paid at the time of filing the application with the finance director. All fees for an appeal shall be paid at the time of and with the filing of the appeal. No application or request for approval or appeal shall be deemed valid or complete until all prescribed fees have been paid. C. Charitable and nonprofit organizations, as set forth in Section 5.04.080, are exempt from the payment of the permit fees required pursuant to this Section. SECTION 4. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Pittsburg hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: 8/29/2013 Mayor and Council Members Joe Sbranti, City Manager
SUBJECT: STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY SOBRIETY CHECKPOINT PROGRAM 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of Traffic Safety (OTS). FISCAL IMPACT There will be no fiscal impact as the funds from the grant will reimburse the City for all overtime costs associated with the program. The Pittsburg Police Department will receive a flat rate of $5,300 per checkpoint for conducting a minimum of four (4) DUI checkpoints during the mobilization periods. The flat rate calculations were based on the average hourly overtime salary costs submitted by our agency. All Supervisors, Officers and support personnel will be deployed on an overtime basis. There will also be an additional $4,100 awarded for the purchase of checkpoint equipment/supplies. Federal funds allocated under this agreement shall not exceed $25,300. RECOMMENDATION Staff recommends that the City Council approve the requests of the Chief of Police to accept and appropriate funds from the Office of Traffic Safety. BACKGROUND The goal of the Sobriety Checkpoint Program is to reduce the number of victims killed and injured in alcohol involved crashes. The Pittsburg Police Department will conduct sobriety checkpoints during a twelve month period in which there will be three You Drink & Drive You Lose statewide and national mobilization periods as outlined in the grant agreement.
SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS The goal in conducting sobriety checkpoints is prevention. The key to deterring impaired driving is highly visible enforcement. Sobriety checkpoints are an effective law enforcement tool. They increase the perception of the risk of arrest if they are adequately publicized and highly visible to the public. ATTACHMENTS: Resolution
Report Prepared By: Brian Addington, Chief of Police
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the matter of: Approving the Acceptance and Authorizing the use of funds from the Office of Traffic Safety Sobriety Checkpoint Program- for Local Law Enforcement Agencies ) ) ) ) Resolution No.
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, The Pittsburg Police Department requests to accept and utilize the Sobriety Checkpoint Grant Program funds allocated under the agreement not to exceed $25,300. The funds are made available through the State of California Office of Traffic Safety. The funds are specifically designed for the overtime costs for supervisors, uniformed officers and clerical staff as well as equipment to conduct four sobriety checkpoints during three statewide and national mobilization periods. NOW, THEREFORE, the City Council finds and determines as follows: 1. That the Pittsburg Police Department be granted authorization to accept and utilize the State of California Office of Traffic Safety Funds for the overtime costs to conduct six sobriety checkpoints in an effort to reduce the number of victims killed and injured in alcohol involved crashes. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Nancy L. Parent, Mayor ATTEST: Alice Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/3/2013 Mayor and Council Members Joe Sbranti, City Manager ADOPTION OF A CITY COUNCIL RESOLUTION AUTHORIZING THE ACCEPTANCE AND APPROPRIATION OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS FOR SELECTIVE TRAFFIC ENFORCEMENT 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Pittsburg Police Department is seeking City Council authorization to accept and appropriate grant funds from the State of California Office of Traffic Safety (OTS). FISCAL IMPACT There will be no fiscal impact as the funds from the grant will reimburse the City for overtime costs associated with the program. The Pittsburg Police Department will receive a total reimbursement of $50,000 to purchase: one (1) Lidar Device (Traffic Speed Enforcement), one (1) Laptop computer as well as cover overtime costs for supervisors, uniformed officers and clerical staff to conduct four (4) DUI roving patrols, one (1) warrant sweep, four (4) distracted driving operations, three (3) specialized traffic enforcement operations and one (1) court sting operation during the one year period. Federal funds allocated under this agreement shall not exceed $50,000. RECOMMENDATION Staff recommends that the City Council approve the requests of the Chief of Police to accept and appropriate funds from the Office of Traffic Safety.
BACKGROUND The goal of the Selective Traffic Enforcement Program is to reduce the number of victims killed and injured in alcohol involved crashes. The Pittsburg Police Department will conduct
selective traffic enforcement operations, warrant sweeps, DUI roving patrols, and a court sting as well as provide additional training related to DUI enforcement during a twelve month period to meet this goal. SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS The goal of the Selective Traffic Enforcement Program is prevention. The key to deterring impaired driving is highly visible enforcement in the form of roving patrols, traffic enforcement and sobriety checkpoints. These operations are very effective forms of enforcement; it increases the perception of the risk of arrest if they are adequately publicized and highly visible to the public. ATTACHMENTS: Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the matter of: Approving the Acceptance and Authorizing the use of funds from the Office of Traffic Safety Selective Traffic Enforcement Program - for Local Law Enforcement Agencies ) ) ) ) Resolution No.
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the Pittsburg Police Department requests to accept and appropriate grant funds, not to exceed $50,000, for the Selective Traffic Enforcement Program allocated under the State of California Office of Traffic Safety. The funds are specifically designed for the purchase of (1) Lidar Device (Traffic Speed Enforcement), (1) Laptop computer as well as cover overtime costs for supervisors, uniformed officers and clerical staff to conduct (4) DUI roving patrols, (1) warrant sweep, (4) distracted driving operations, (3) specialized traffic enforcement operations and (1) court sting operation during the one year period. NOW, THEREFORE, the City Council finds and determines as follows: 1. That the Pittsburg Police Department be granted authorization to accept and utilize the State of California Office of Traffic Safety Funds as outlined. The Pittsburg Police Department will conduct DUI and traffic enforcement in an effort to reduce the number of victims killed and injured in alcohol involved crashes. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Nancy Parent, Mayor ATTEST: Alice Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/3/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution to Authorize Allocation of U.S. Department of Justice Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (J.A.G.) 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The Pittsburg Police Department has submitted a preliminary application to the U.S. Department of Justice for funding under the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $11,419.00. FISCAL IMPACT No impact to the City General Fund. Upon award of grant funds, the Police Department is requesting appropriation of $11,419 to the FY 2013-14 budget to be used for the purchase of a Vigilant Solutions Mobile Law Enforcement Automated License Plate Recognition (ALPR) System. Any costs incurred over the $11,419 grant amount will be absorbed by other Police Department equipment grant funds. RECOMMENDATION Staff recommends City Council approval of the attached resolution authorizing the appropriation of J.A.G. grant funds and authorizing the City Manager or his designee to act on the Citys behalf relative to this grant including the establishment of necessary fiscal accounting. BACKGROUND With the support of the Edward Byrne Memorial Justice Assistance Grant, the Pittsburg Police Department will enhance its Auto Theft Reduction and Recovery Program by utilizing grant funds to purchase a Vigilant Solutions Automated License Plate Recognition (ALPR) unit.
ALPRs are used by the Pittsburg Police Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. ALPRs are also used to gather information related to active warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. The Pittsburg Police Department works closely with surrounding agencies and shares data regarding vehicle theft and recovery patterns as they emerge. In 2007 the Pittsburg Police Department purchased its first Automated License Plate Recognition (ALPR) unit. With the purchase of that unit, the Auto Theft Reduction and Recovery Program began. Since the programs inception, the City has experienced a 22% reduction in vehicle thefts. The three existing ALPRs currently utilized by the Department are becoming outdated and software upgrades are no longer available. The department will continue using the existing systems until they are no longer functional. The purchase of a new unit from Vigilant Solutions enhances the existing program by placing the department in the single largest license plate recognition data sharing initiative National Vehicle Location Service.
SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS The Pittsburg Police Department has applied for $11,419 from the U.S. Department of Justice, Bureau of Justice Assistance through the Edward Byrne Memorial Justice Assistance Grant (J.A.G.). The Department requests authorization to accept appropriate the grant funds. ATTACHMENTS: Resolution
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the matter of: Police Department Grant Application U.S. Department of Justice-Bureau of Justice Assistance Edward Byrne Memorial Justice Assistance Program ) ) ) ) RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program allows local governments to support a broad range of activities to prevent crime and improve the criminal justice system. WHEREAS, The Pittsburg Police Department has submitted a preliminary application to the U.S. Department of Justice for funding under the Edward J. Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $11,419.00 to be used for the purchase of a Vigilant Solutions Mobile Law Enforcement Automated License Plate Recognition (ALPR) System. NOW, THEREFORE, the City Council finds and determines as follows: 1. That the Pittsburg Police Department be granted authorization to appropriate funds from the Department of Justice Bureau of Justice Assistance (J.A.G.) grant and that the City Manger or his designee be authorized to act on the Citys behalf relative to this grant including the establishment of necessary fiscal accounting. PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Mayor ATTEST: Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/4/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution To Allocate Donated Funds and Unallocated Business Improvement District Funds to the Pittsburg Arts and Community Foundation, Inc. 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Since 2009, the City has supported the mission of the Pittsburg Arts and Community Foundation, Inc. (PACF), and partnered with the foundation on programs and projects, including community events, that serve Pittsburg residents and the local economy. Staff recommends allocation of funds donated to the City for a community foundation to PACF, as well as unallocated funds from the Business Improvement District, to support programs or projects that further the foundations mission and promote economic activity. FISCAL IMPACT In 2001, the City received a donation of $25,000 for Pittsburg Community Foundation, (Account 110-20021) and has approximately $18,000 in projected revenues not included in the FY 2013-14 Business Improvement District budget. If approved, the resolution will authorize allocation of these funds, for a total of approximately $43,000, to PACF. RECOMMENDATION City Council approve the attached resolution authorizing the allocation of $25,000 donated to the Pittsburg Community Foundation and approximately $18,000 in projected revenues not included in the FY 2013-14 Business Improvement District budget to the Pittsburg Arts and Community Foundation, Inc. for activities consistent with its mission. BACKGROUND On October 2, 1995, the City Council approved Resolution 95-8241 approving an agreement with the East Bay Community Foundation and establishing the Pittsburg
Community Foundation Fund. The funds purpose was to encourage tax-deductible donations in support of community programs, beginning with library services. On July 6, 1998, the City Council approved Resolution 98-8678 adopting an assessment levied on the Business Improvement District (BID) to generate funds for the Pittsburg Chamber of Commerce and for public festivals, music in public places and support for retail activities. Each year, the City Council renews its agreement with the Chamber of Commerce for expenses paid for with BID funds. On occasion, BID revenue exceeds the annual allocation to the Chamber of Commerce, and a small balance remains with the City. On March 14, 2001, the City received a donation for the Pittsburg Community Foundation from U.S. Bancorp in the amount of $25,000. This donation was not deposited or allocated to the Pittsburg Community Foundation fund, and remains in the Citys accounts. On February 13, 2004, the East Bay Community Foundation closed the Pittsburg Community Foundation fund upon the Citys withdrawal of funds for renovations at the Pittsburg library. On October 6, 2008, the City Council approved Resolution 08-11095 approving the formation of the Pittsburg Arts and Community Foundation as a non-profit corporation. The purpose of the foundation is to generate financial and non-financial resources outside of the Citys General Fund to support and encourage art, literacy, education, economic development, affordable housing and other community resources and programs to benefit the City and its residents. Since 2009, the Pittsburg Arts and Community Foundation, Inc. (PACF) has partnered with the City to develop affordable housing; promote economic development in Old Town; organize community events such as car shows, farmers market and holiday parades; and attract grant funding to support recreation programs. PACF operates the Railroad Book Depot bookstore and the Art Shack, offering art and literacy activities for local residents.
SUBCOMMITTEE FINDINGS Staff reviewed the proposal for a portion of BID funds as financial assistance to local nonprofit groups for programs or events at the PACF Subcommittee meeting on August 28, 2013. STAFF ANALYSIS The City Council created the Pittsburg Community Fund in 1995 to encourage individual and corporate donors to support community programs. The fund was replaced in 2009 with the Pittsburg Arts and Community Foundation, Inc. (PACF), with a similar purpose. Specifically, PACF supports and encourages art, literacy, education, economic development, affordable housing and programs to benefit the City and its residents. On March 14, 2001, the City received a donation of $25,000 from U.S. Bancorp for the Pittsburg Community Foundation. The funds have not been expended, and are instead retained in Account 110-20021. Since the Pittsburg Arts and Community Foundation, Inc. mission is nearly identical to that of the Pittsburg Community Fund, staff recommends the donation be allocated to PACF for programs consistent with its mission.
In addition, based on FY 2012-13 actual Business Improvement District (BID) revenues, the City anticipates receiving approximately $18,000 more in BID funds than the amount included in the FY 2013-14 budget. BID funds are from an assessment on business licenses for the purpose of promoting businesses in the City through the Chamber of Commerce as well as public festivals, music in public places, and other activities that support retail businesses. The $18,000 in additional anticipated FY 2013-14 BID revenue is unrelated to the funds allocated each year to the Chamber of Commerce under its agreement with the City. Staff is recommending the unallocated BID funds be allocated to PACF to provide a mechanism to support public festivals and other, similar activities by local non-profit groups, such as a downtown association. The PACF Subcommittee will review requests from groups seeking financial assistance for programs or events, and if appropriate to the purpose of the BID, may authorize expense of these funds. ATTACHMENTS: Resolution
Report Prepared By: Jill Hecht, Assistant to the City Manager
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Approval of Allocation of Donated Funds ) and Business Improvement District ) Funds to Pittsburg Arts and ) Community Foundation, Inc. ) The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, On October 2, 1995, the City Council approved Resolution 95-8241 approving an agreement with the East Bay Community Foundation to establish a Pittsburg Community Foundation Fund to support community programs, beginning with library services; and, WHEREAS, On July 6, 1998, the City Council approved Resolution 98-8678 adopting an assessment levied on the Business Improvement District (BID) to generate funds for the Pittsburg Chamber of Commerce as well as public festivals, music in public places and in general, support for retail activities; and, WHEREAS, FY 2012-13 actual BID revenues are $18,000 greater than the amount budgeted in FY 2013-14; and, WHEREAS, On March 14, 2001, the City received a donation for the Pittsburg Community Foundation from U.S. Bancorp in the amount of $25,000 that has not been expended or allocated to a program or project; and, WHEREAS, On February 13, 2004, the East Bay Community Foundation closed the Pittsburg Community Foundation fund upon the Citys withdrawal of funds to support renovations at the Pittsburg library; and, WHEREAS, On October 6, 2008, the City Council approved Resolution 08-11095 approving the formation of the Pittsburg Arts and Community Foundation, Inc. (PACF) as a non-profit corporation; and, WHEREAS, Since 2009, PACF has partnered with the City to develop affordable housing; promote economic development in Old Town; organize community events such as car shows, Farmers Market and holiday parades; and attracted grant funding to support City recreation programs, as well as art and literacy activities for residents. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Section 2. The recitals set forth above are true and correct statements and are hereby incorporated. Allocation of $25,000 from the Citys Account (110-20021) and approximately $18,000 of unallocated anticipated revenues from the FY 2013-14 Business Improvement District budget (202-41022) to Pittsburg Arts and Community RESOLUTION NO. 12-
Foundation, Inc. is authorized. Section 3. This Resolution shall take effect immediately.
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: MEETING DATE: 9/4/2013 Mayor and Council Members Joe Sbranti, City Manager Receive and File the Investment Report as of June 30, 2013 9/16/2013
EXECUTIVE SUMMARY The State of California recommends that the Chief Fiscal Officer submit a comprehensive report to the legislative body containing detailed information on all securities, investments, and funds under the management and oversight of a public agency. The City of Pittsburgs policy is to submit quarterly investment reports to the City Council. Pursuant to that policy, this is the FY 2012-13 fourth quarter Investment report. FISCAL IMPACT There is no fiscal impact to receive and file a quarterly investment report. RECOMMENDATION Staff recommends that the City Council receive and file the attached quarterly Investment report as of June 30, 2013. BACKGROUND The current investment policy requires staff to submit quarterly Investment reports to the City Council. The attached report is the FY 2012-13 fourth quarter Investment report. SUBCOMMITTEE FINDINGS N/A STAFF ANALYSIS
The attached investment report includes all funds held by the City and its related entities. The total cash and investment portfolio for the City as of June 30, 2013 is $177,822,697 (The fair market value is $177,830,662). Overall, it should be noted that yields on short term funds continue to be very low as it has during the last two years. The LAIF rate as of June 30, 2013 was 0.24% and the CAMP rate was 0.10%. As described in the attached tables and charts, of the Citys $177.8 million total cash and investment portfolio, approximately $48.0 million or 27% is invested in LAIF or CAMP. In addition, $20.4 million was placed in a Wells Fargo Money Market short term accounts. Staff continues to work with the Citys Investment Advisor, PFM, to identify additional investment opportunities that meet the Citys goals of optimizing investment returns while protecting the principal. Staffs objective has been to identify one to two year investment opportunities that yield interest rates greater than that received from LAIF and CAMP. Once interest rates increase, staff will work with PFM to identify longer term higher yielding investment opportunities. The Federal Reserve has indicated they intend to keep interest rates low until 2014 at the earliest. The funds reported include City Operating Funds in the amount of $76.9 million of which $32.3 million or 42% is invested in one to three year investments and the balance of $47.3 million or 58% is in LAIF or cash accounts. The total Fiscal Agent investments of $100.9 million includes reserve funds of $80.5 million that are set aside for the benefit of the bondholders including the General Reserves required for the 2004A Variable Rate Tax Allocation bonds Letter of Credit (LOC) which is currently $33.7 million. With the exception of a portion of the General Reserve funds, these reserve funds can only be used to fund debt service payments for pension obligation bonds, special assessment district bonds, tax allocation bonds, and water and wastewater revenue bonds. The balance of $24.8 million includes $20.4 million designated to pay debt service on Successor Agency bonds in August and September of 2013 and $4.4 million represents project funds that can be used for projects including the Los Medanos Redevelopment Project Area projects. Total Interest income received and accrued for all of the Citys funds during the fourth quarter of FY 2012-13 is $97,891 and $340,520 respectively. Interest income receipt for these funds varies and is either received monthly or on a six month basis if invested in a guaranteed investment contract. Due to the varied receipt of interest income it is difficult to determine the annualized yield. However, staff does confirm on an annual basis that the City receives the fixed income from these investment agreements accurately and timely. The attached Investment Report includes more detailed information regarding the overall status of the City and its related entities cash and investments. ATTACHMENTS: City of Pittsburg Investment Report for June 30, 2013
Report Prepared By: Tina Olson Director of Finance and Administration
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/5/2013 Mayor and Council Members Joe Sbranti, City Manager Approving a City Council Resolution Amending an Agreement with Craft Community Care Center, Inc. Doing Business as Success Through Self Academy 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg (City) and Craft Community Care Center, Inc. doing business as Success Through Self (STS) Academy propose to amend an existing agreement (Agreement) for youth based programs (Program). FISCAL IMPACT The total cost to fund the Program for fiscal year 2013-2014 is $80,000 ($40,000 for the operation of the Teen Center at 60 Civic Avenue and $40,000 for youth recreational programs). The funding for the Program will be paid out of Pittsburg Power Company account 590-47101-2199. These funds have already been approved as part of PPCs budget for fiscal year 2013-2014. RECOMMENDATION City Council approve the Resolution amending the Agreement. BACKGROUND On May 11, 2009, by Resolution 09-11211, the City authorized the City Manager to execute an Agreement with STS Academy to provide the Program. The Program consists of after school recreational service for Pittsburg teens who attended schools in the Pittsburg Unified School District, playground programs when school is not in session, and tiny tot programs that included tag football, t-ball, soccer, and basketball for children ages 3-6. The original term of the Agreement commenced June 16, 2009 and expires August 31, 2014.
Pursuant to the current Agreement, the funding schedule for the Program is as follows: $144,000 for fiscal year 2009-2010, $100,000 for fiscal year 2010-2011, $60,000 for fiscal year 2011-20112, $30,000 for fiscal year 2012-2013, and $0 for fiscal year 2013-2014. SUBCOMMITTEE FINDINGS The PPC Subcommittee met on August 29, 2013 to discuss the Program. STAFF ANALYSIS STS has been in existence since 2004, providing numerous youth programs. On the STS website, the services described are as follows: before- and after-school care from 6 am to 6 pm, Monday to Friday; transportation to and from school; breakfast, lunch, snacks, and a hot supper are provided daily to students in the Program; and tutoring, homework assistance, and enrichment activities are conducted by trained staff. In addition, Fun Fridays, monthly birthday celebrations, and student of the month are popular activities enjoyed by the students. Enrichment activities include arts and crafts, math, science projects, writing, and a variety of games and sports. STS serves over 1,000 students, from Kindergarten to 12th grade, at eleven locations. STS receives its funding from various sources such as low cost fees charged to participants, donations, sponsorships, fund raisers, and negotiated contracts. Staff recognizes the efforts put for by STS and the benefits the community receives and is proposing to provide $80,000 to fund fiscal year 2013-2014, the last year of the Program. As a result of the proposed funding, STS will be able to provide the same level of service to the community. ATTACHMENTS: City Resolution First Amendment to the Agreement Report Prepared By: Maria M. Aliotti, Redevelopment Manager
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Amending anAgreement withCraft Community Care Center, Inc. Doing Business as Success Through Self Academy ) ) ) RESOLUTION NO. 13-
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, on May 11, 2009, by Resolution 09-11211, the City of Pittsburg (City) authorized the City Manager to execute an agreement (Agreement) with Success Through Self (STS) Academy to provide youth based programs (Program); and WHEREAS, the Program consists of after school recreational service for Pittsburg teens who attended schools in the Pittsburg Unified School District, playground programs when school is not in session, and tiny tot programs that include tag football, t-ball, soccer, and basketball for children ages 3-6; and WHEREAS, the original term of the Agreement commenced June 16, 2009 and expires August 31, 2014; and WHEREAS, pursuant to the current Agreement, the funding schedule for the Program is as follows: $144,000 for fiscal year 2009-2010, $100,000 for fiscal year 20102011, $60,000 for fiscal year 2011-20112, $30,000 for fiscal year 2012-2013, and $0 for fiscal year 2013-2014; and WHEREAS, the City and STS propose to amend the Agreement by proposing to fund fiscal year 2013-2014 in an amount not to exceed $80,000 for the last year of the Program and as a result of the proposed funding, STS will be able to provide the same level of service to the community. NOW THEREFORE, the City Council does RESOLVE as follows: Section 1. All the recitals above are true and correct and incorporated herein. Section 2. City Council hereby approves the Resolution amending the Agreement, providing funding for fiscal year 2013-2014 in an amount not to exceed $80,000. Section 3. The City Manager is hereby authorized to take such further actions as may be necessary or appropriate to carry out the Citys obligations pursuant to this Resolution. Section 4. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 13-
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September 16, 2013
Section 5. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Pittsburgat a regular meeting on the 16th day of September 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Nancy L. Parent, Mayor ATTEST: Alice E. Evenson, City Clerk
Resolution No. 13-
Page 2 of 2
September 16, 2013
FIRST AMENDMENT TO A YOUTH AND TEEN SERVICES AGREEMENT BETWEEN THE CITY OF PITTSBURG AND CRAFT COMMUNITY CARE CENTER, INC. (dba SUCCESS THROUGH SELF ACADEMY) This First Amendment to a youth and teen services agreement ("First Amendment") is made as of July 1, 2013 between the City of Pittsburg, a public body, corporate and politic ("City") and Craft Community Care Center, Inc. doing business as Success Through Self Academy ("STS). RECITALS A. The City and STS entered into that youth and teen services agreement dated June 19, 2009 ("Agreement") for youth based programs (Program). B. The Program consists of after school recreational service for Pittsburg teens who attended schools in the Pittsburg Unified School District, playground programs when school is not in session, and tiny tot programs that included tag football, t-ball, soccer, and basketball for children ages 3-6 C. Pursuant to the current Agreement, the funding schedule for the Program is as follows: $144,000 for fiscal year 2009-2010, $100,000 for fiscal year 2010-2011, $60,000 for fiscal year 2011-20112, $30,000 for fiscal year 2012-2013, and $0 for fiscal year 2013-2014. NOW, THEREFORE, the City and the STS agree as follows: Compensation Section 3.1 General Payments. For fiscal year 2013-2014, commencing on July 1, 2013, the Program has been funded in an amount not to exceed $80,000. Except as expressly modified by this First Amendment all other provisions of the Agreement are unmodified and continue in full force and effect. In the event of any conflict between this First Amendment and the Loan Documents the provisions of this First Amendment shall prevail.
Remainder of Page Left Intentionally Blank
IN WITNESS WHEREOF, the City and the STS have caused this First Amendment to be executed as of the date first written above. Craft Community Care Center, Inc. (dba Success Through Self Academy): By: _________________________ Jim Craft, Executive Director
The City of Pittsburg, a public body, corporate and politic By: ________________________ Joe Sbranti, City Manager
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/6/2013 Mayor and Council Members Joe Sbranti, City Manager Adoption of a City Council Resolution Adding Council Member Authority on Regional Boards to the Policy and Procedure for City Council 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY Consistent with good governance and the Citys goals of protecting its revenues and ensuring proper fiscal responsibility, the proposed policy would govern a City Council Members ability to commit the City to expenditures while serving on the Board of Regional Agencies. Additionally, the proposed policy would establish that a City Council Member shall represent the City in a manner that is consistent with adopted City Policy. FISCAL IMPACT The addition of this section to the Policy and Procedure for City Council (Council Policies) will have no fiscal impact. Once the policy is in place, it will ensure that significant amounts of funds are not allocated by individual Council Members, and thus could result in a positive impact to the City revenues. RECOMMENDATION Staff Recommends that the City Council adopt a Resolution Adding Council Member Authority on Regional Boards to Council Policies. BACKGROUND The City Council of the City of Pittsburg recognizes the importance of participation in regional agencies and boards in order to further the collective goals of the region. City Council Members have the opportunity to actively participate on regional agencies, boards and committees (Regional Agencies), and at the discretion of the Council, as part of their elected role as a Council Member, are appointed to and serve on Regional Agencies as a representative of the City of Pittsburg. While serving on Regional Agencies, Council
Members participate in decisions that impact the City and the Citys financial resources, as well decisions that may impact the Citys economic development goals, infrastructure plans or adopted City policies. SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS The City Council establishes the City budget, allocates funding to the various departments and activities, and also sets aside funding for the Regional Agencies. The proposed amendment to Council Policies would limit Council Members from independently committing the City to more than a total of ten thousand dollars ($10,000) to a Regional Agency in a fiscal year. The City Council may budget or approve a greater amount than ten thousand dollars. Additionally, the proposed amendments to the Council Policies identify that Council Members shall represent the City and the Citys policies while serving on the Regional Agencies. Council Members, when serving on Regional Agencies, are to make decisions consistent with established City policies. ATTACHMENTS: Resolution
Report Prepared By: Joe Sbranti, City Manager
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Resolution Adding Council Member Authority on Regional Boards to The Policy and Procedure Handbook for City Council ) ) ) ) RESOLUTION NO. 13-
The Pittsburg City Council DOES RESOLVE as follows: WHEREAS, the City Council of the City of Pittsburg (City Council) recognizes the importance of participation in regional agencies and boards in order to further the collective goals of the region. City Council Members have the opportunity to actively participate on regional agencies, boards and committees (Regional Agencies), and at the discretion of the Council, as part of their elected role as a Council Member, are appointed to, and serve on, Regional Agencies as representatives of the City of Pittsburg; and WHEREAS, the City Council, as the elected body of the City, adopts legislation, sets policy, adjudicates issues and establishes the budget of the City; and WHEREAS, on January 22, 2013, the City Council adopted Ordinance 12-363, adding Chapter 3.26 to the Pittsburg Municipal Code related to Fiscal Sustainability and Reserve Funds. The purpose of the Ordinance is to ensure that the City maintains adequate levels of unappropriated fund balances or reserves in the Citys funds, and ensures that the City remains fiscally sustainable; and WHEREAS, consistent with good governance and the Citys goals of protecting its revenues and ensuring proper fiscal responsibility, the City wishes to adopt a policy regarding a City Council Members ability to commit the City to expenditures while sitting on Regional Agencies; and WHEREAS, Government Code Section 1301 provides that Every office, the term of which is not fixed by law, is held at the pleasure of the appointing power. City Council Members are appointed to represent the Citys best interests when serving on the regional boards, and the City Council wants to ensure that a policy is in place governing the authority of Council Members to bind the City and City Council; and WHEREAS, the Citys Policy and Procedure for City Council (Council Policies) are rules set forth to assure the orderly and efficient conduct of meetings, and set forth policies applicable to the Council Members. The policy adopted by this Resolution shall be set forth in the Council Policies. NOW, THEREFORE, the City Council finds and determines as follows: Section 1. Recitals.
The above recitals are true and correct and hereby incorporated by reference.
Resolution No. 13-
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September 16, 2013
Section 2.
Amendment to City of Pittsburg Policy and Procedure for City Council
The following section, entitled Council Member Authority on Regional Boards shall be added to the end of Article III Powers and Responsibilities, in the City of Pittsburg Policy and Procedure for City Council, and shall read as follows: Council Member Authority on Regional Boards The City recognizes the importance of participation in regional agencies and boards in order to further the collective goals of the region. City Council Members have the opportunity to actively participate on regional agencies, boards and committees (Regional Agency or Regional Agencies), and at the discretion of the Council, as part of their elected role as a Council Member. A. Commitment of City Funds. No City Council Member can commit the City of Pittsburg to expenditures, to a single Regional Agency, of more than ten thousand dollars ($10,000) per fiscal year. Unless previously budgeted by the City Council, expenditures totaling more than ten thousand dollars ($10,000) require prior authorization of the City Council at a duly authorized meeting of the City Council. Unless otherwise prohibited by law, City Council Members have a fiduciary duty to the City of Pittsburg and shall represent the interests of the City of Pittsburg, while serving on Regional Agencies. B. Action Inconsistent with Council Direction. No City Council Member has the authority, as a member of a Regional Agency, to take actions that are binding and inconsistent with established City policy. No City Council Member, while serving on a Regional Agency, may cast votes in a manner that is inconsistent with City policy, including but not limited to, City policies related to development, economic development, timing of infrastructure improvements, positions on legislation or other policies of the City Council. Unless otherwise prohibited by law, City Council Members have a duty of loyalty to the City of Pittsburg and shall represent the interests of the City of Pittsburg while serving on Regional Agencies. For example, a City Council Member cannot vote to change the priority of projects or fee structures set by a Regional Agency without express authorization of the City Council at a duly authorized meeting of the City Council. Section 3. Council Remaining Provisions of City of Pittsburg Policy and Procedure for City
All remaining provisions of the City of Pittsburg Policy and Procedure for City Council shall remain unaffected by this Resolution.
Resolution No. 13-
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September 16, 2013
PASSED AND ADOPTED by the City Council of the City of Pittsburg at a regular meeting on the 16th day of September, 2013, by the following vote: AYES: NOES: ABSTAINED: ABSENT:
_____________________________ Nancy L. Parent, Mayor ATTEST: ______________________________ Alice E. Evenson, City Clerk
Resolution No. 13-
Page 1 of 1
September 16, 2013
OFFICE OF THE CITY MANAGER/EXECUTIVE DIRECTOR 65 Civic Avenue Pittsburg, CA 94565 DATE: TO: FROM: SUBJECT: 9/12/2013 Mayor and Council Members Joe Sbranti, City Manager Ratify Collective Bargaining Agreement with AFSCME (Miscellaneous A and Management, Professional, and Confidential Employee (MPC) Units) and Teamsters and Approve Amended Executive Team Benefits and Salary Schedule 9/16/2013
MEETING DATE:
EXECUTIVE SUMMARY The City of Pittsburg and AFSCME (Miscellaneous A and MPC Units) and Teamsters have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment and have reached agreement on new collective bargaining agreements. AFSCME (Miscellaneous A and MPC Units) and Teamsters members are scheduled to vote on September 11th and 12th on whether to ratify the collective bargaining agreements. The City Council is also required to ratify the collective bargaining agreements in order for them to become effective. FISCAL IMPACT Adoption of the new collective bargaining agreements is expected to increase payroll costs by $293,397 during fiscal year 2013/14, and increase additional payroll costs by $162,926 during fiscal year 2014/15 for a total of $749,719 in increased payroll expenses ($293,397 x 2 years + $162,926). Of $749,719, $333,940 is General Fund expenses. The fiscal year 2013/14 budget will be increased which requires separate City Council action. In addition, if the Citys General Fund receives $200,000 or more in one-time revenues in FYs 2013-14 and 2014-15 then the City would provide a one-time stipend of between 1% and 3.5% of employees salaries. Assuming the City provides the maximum one-time stipend of 3.5%, the Citys total cost would be $414,710 of which $183,828 would be funded by the Citys General Fund. RECOMMENDATION
Adopt Resolutions (1) ratifying the collective bargaining agreements between the City of Pittsburg and AFSCME (Miscellaneous A and MPA) and Teamsters, and (2) directing the City Manager to sign the collective bargaining agreements on behalf of the City. BACKGROUND The current collective bargaining agreements between the City of Pittsburg and AFSCME (Miscellaneous A and MPC) and the Teamsters covered the period of July 1, 2010 through June 30, 2013. The Meyers-Milias-Brown Act (MMBA, Government Code sections 35003510) requires the parties to meet and confer in good faith regarding the wages, hours, and other terms and conditions of employment. The City Council has provided the Citys negotiators with instructions and authorizations regarding wages, hours, and other terms and conditions of employment. The Citys negotiator and AFSCMEs and Teamsters negotiators have met and conferred in good faith and have reached tentative agreements on new collective bargaining agreements (also called memorandum of understandings (MOUs)). The proposed MOUs are within the instructions and authorizations provided by the City Council to the Citys negotiating team. The term of the proposed agreements is from July 1, 2013 through June 30, 2015 (two years). All provisions in the proposed MOUs are retroactive to July 1, 2013 except the salary provisions which would be effective July 7, 2013 which is the first pay period in FY 2013-14. AFSCME (Miscellaneous A and MPC) and Teamster members are scheduled to vote on September 11th and 12th on whether to ratify the proposed MOUs. The City Council is also required to ratify the proposed MOUs for them to become effective. If AFSCME and/or Teamsters members do not vote to ratify the proposed MOUs, then one or more of the resolutions ratifying the proposed MOUs will be pulled from the September 16, 2013 City Council agenda. SUBCOMMITTEE FINDINGS Not applicable. STAFF ANALYSIS The proposed MOUs cover the two (2) year period of July 1, 2013 through June 30, 2015 and makes significant changes to the following areas: Salaries Effective July 7, 2013 the City shall provide a 4% increase to all salary steps and effective the first pay period in FY 2014-15, the City shall provide a 1% increase to all salary steps. In addition, beginning July 7, 2013, the City shall implement 40 hour unpaid winter closure between December 15 and January 15 in each fiscal year which shall become the status quo. The City shall determine the actual winter closure schedule for each employee. For most employees, the winter closure will be December 24th through December 31st. The winter closure will result in reducing salaries by 1.925%. Thus, the net increase in salaries over the two year term of the MOUs is 3.075% (4% + 1% - 1.925% = 3.075%). One-time Stipend If the City receives $200,000 or more in unbudgeted one-time revenues in FY 2013-14, then the City will provide a one-time stipend to employees on a sliding scale of between 1% and 3.5% in November 2014. If the City does not receive up to $450,001 in
unbudgeted one-time revenues in FY 2013-14 and therefore unable to provide the maximum one-time stipend, then the balance of what employees did not receive will be available for an additional potential one-time stipend in November 2015. Medical Insurance Presently the City pays 8% of increases of the Kaiser Permanente and Health Net premiums for AFSCME and 6% for Teamsters. Under the proposed collective bargaining agreements the Citys contributions for both AFSCME and Teamsters would increase by up to seven and a half percent (7.5%) in 2014 and by five percent (5%) in 2015. In addition, the proposed MOU would retroactively pay 8% of increases of the Kaiser Permanente and Health Net premiums for Teamsters from July 1, 2013 through December 31, 2013. A joint labor-management committee would be formed regarding health insurance plan design, with the goal that this committee encompasses members from each of the Citys five collective bargaining groups. Medical In-lieu Payments If an employee eligible to receive medical insurance from the City is receiving medical insurance from another source, then that employee currently is eligible to receive between $180 to $255 monthly from the City depending on whether the employee would otherwise receive single, dual, or family medical coverage. Under the proposed MOUs this monthly payment would increase to between $200 to $500 with the goal of providing an incentive to employees who have access to medical insurance from another source to choose it rather than have the City provide their medical insurance. Under the proposed medical in-lieu payments, employees who receive medical in-lieu payments would annually save the City between $5,702 for a single under Kaiser in 2014 to $19,592 for a family under Health Net in 2014. Vacation Buy-back program Effective July 1, 2014 the Citys annual allocation to the vacation buy-back program would decrease by $25,000 from $185,000 to $160,000. Executive Team The Executive Team includes the Assistant City Manager, Chief of Police, Director of Finance and Administration, Director of Records and Council Services, Director of Power, Director of Water Utilities, Executive Assistant, City Engineer, and Director of Recreation and Maintenance Services. The practice has been to provide similar changes in wages and benefits to the non-sworn members of the Executive Team as negotiated with the non-safety units. To that end, the proposed amendment to the Executive Team Benefits and Salary Schedule reflects all of the proposed changes to the AFSCME and Teamsters MOUs with a few exceptions. The Assistant City Manager, Director of Finance and Administration, and Director of Records and Council Services would receive a 2.075% salary increase in FY 2013-14 instead of 4% and will use existing paid time off banks to supplement their pay during the winter break closure. During the term of the proposed MOUs, the total fiscal impact by fund assuming the full 3.5% proposed one-time stipend is estimated to total $1,164,429 and is distributed to the Citys funds as follows: $517,768 to Fund 110, General Fund $6,218 to Fund 202, Economic Development $64,578 to Fund 205, Citywide L&L $23,198 to Fund 207, NPDES $11,628 to Fund 208, GHAD $8,047 to Fund 210, Solid Waste
$1,091 to Fund 211, Park Maintenance $5,541 to Fund 223, CDBG $39,988 to Fund 241, Housing Authority $1,855 to Fund 248, City Housing $1,075 to Fund 303, Local Transportation Mitigation Fund $200,532 to Fund 501, Water Operations Fund $46,347 to Fund 521, Sewer Maintenance Fund $19,503 to Fund 540, Waterfront Operations $36,131 to Fund 550, Marina $80,015 to Fund 580, Island Energy $18,682 to Fund 590, Pittsburg Power $7,438 to Fund 601, Information and Communication Services $26,433 to Fund 611, Fleet Maintenance $22,463 to Fund 621, Building Maintenance $25,902 to Fund 801, Successor Agency $1,164,429 Total Estimated Cost to the City during the two (2) years excluding the one-time stipend ATTACHMENTS: Resolution ratifying the memorandum of understanding between the City of Pittsburg and AFSCME (Miscellaneous A) Resolution ratifying the memorandum of understanding between the City of Pittsburg and AFSCME (MPC) Resolution ratifying the memorandum of understanding between the City of Pittsburg and Teamsters Resolution to amend the Executive Team Benefits and Salaries Schedule Exhibit A Memorandum of Understanding between the City of Pittsburg and AFSCME (Miscellaneous A) Exhibit B Memorandum of Understanding between the City of Pittsburg and AFSCME (MPC) Exhibit C - Memorandum of Understanding between the City of Pittsburg and Teamsters Exhibit D Executive Team Benefits and Salary Schedule Report Prepared By: Tina Olson, Director of Finance and Administration
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Ratify the Collective Bargaining Agreement Between the City of Pittsburg and AFSCME, Miscellaneous A Unit ) ) )
RESOLUTION NO.
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, AFSCME (Miscellaneous A) is the Exclusively Representative for certain job classifications within the City of Pittsburg; and Recognized
WHEREAS, the City of Pittsburg and AFSCME (Miscellaneous A) are required under the Meyers-Milias-Brown Act (Government Code sections 3500-3510) to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City Council has provided the Citys negotiating team with instructions and authorizations regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City of Pittsburg and AFSCME (Miscellaneous A) have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City of Pittsburg and AFSCME (Miscellaneous A) have reached a tentative agreement on a new collective bargaining agreement regarding wages, hours, and other terms and conditions of employment and have memorialized their tentative agreement into a Memorandum of Understanding; and WHEREAS, the proposed Memorandum of Understanding is within the instructions and authorizations provided by the City Council to the Citys negotiating team; and WHEREAS, AFSCME (Miscellaneous A) has ratified the proposed Memorandum of Understanding; and WHEREAS, the City Council is required to ratify the proposed Memorandum of Understanding for it to become effective. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg as follows: Section 1. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the staff report. The City Council finds and determines that the enclosed Memorandum of Understanding (Exhibit A) between the City of Pittsburg and AFSCME
Section 2.
Resolution No.
Page 1 of 2
September 16, 2013
(Miscellaneous A) is ratified and instructs the City Manager to sign the Memorandum of Understanding on behalf of the City of Pittsburg. Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 16thday of September 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT:
_________________________ Nancy L. Parent, Mayor ATTEST:
_________________________ Alice E. Evenson, City Clerk
Resolution No.
Page 2 of 2
September 16, 2013
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Ratify the Collective Bargaining Agreement Between the City of Pittsburg and AFSCME, Management, Professional, Confidential Unit ) ) )
RESOLUTION NO.
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, AFSCME (Management, Professional, Confidential) is the Exclusively Recognized Representative for certain job classifications within the City of Pittsburg; and WHEREAS, the City of Pittsburg and AFSCME (Management, Professional, Confidential) are required under the Meyers-Milias-Brown Act (Government Code sections 3500-3510) to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City Council has provided the Citys negotiating team with instructions and authorizations regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City of Pittsburg and AFSCME (Management, Professional, Confidential) have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment; and WHEREAS, the City of Pittsburg and AFSCME (Management, Professional, Confidential) have reached a tentative agreement on a new collective bargaining agreement regarding wages, hours, and other terms and conditions of employment and have memorialized their tentative agreement into a Memorandum of Understanding; and WHEREAS, the proposed Memorandum of Understanding is within the instructions and authorizations provided by the City Council to the Citys negotiating team; and WHEREAS, AFSCME (Management, Professional, Confidential) has ratified the proposed Memorandum of Understanding; and WHEREAS, the City Council is required to ratify the proposed Memorandum of Understanding for it to become effective. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg as follows: Section 1. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the staff report. The City Council finds and determines that the enclosed Memorandum of Understanding (Exhibit A) between the City of Pittsburg and AFSCME (Management, Professional, Confidential) is ratified and instructs the City
Page 1 of 2 September 16, 2013
Section 2.
Resolution No.
Manager to sign the Memorandum of Understanding on behalf of the City of Pittsburg. Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 16th day of September 2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Resolution No.
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September 16, 2013
Memorandum of Understanding Between the City of Pittsburg and Teamsters Local 856 July 1, 2013 through June 30, 2015
Preamble ........................................................................................................................ 4 1. 2. 3. Recognition ............................................................................................................ 4 1.1 Association Recognition ................................................................................. 4 Term ........................................................................................................................ 5 Union Security ........................................................................................................ 5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 4. 5.1 5. Agency Shop Election ..................................................................................... 5 Agency Shop Provisions ................................................................................. 5 Agency Shop Compliance ............................................................................... 7 Hold Harmless .................................................................................................. 7 Teamsters Materials......................................................................................... 7 Membership Listing ......................................................................................... 7 Bulletin Boards and Meeting Rooms .............................................................. 7 Release Time .................................................................................................... 8 Potential One-Time Stipend ............................................................................ 9 Definition of One-Time Revenues ............................................................ 9
Salaries ................................................................................................................... 8 4.1.1 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13
Benefits ................................................................................................................. 10 Medical Insurance .......................................................................................... 10 Retiree Medical Insurance ............................................................................. 11 Dental Insurance ............................................................................................ 13 Medical and/or Dental Alternative ................................................................. 13 Life Insurance ................................................................................................. 13 Long-Term Disability Insurance.................................................................... 13 State Disability Insurance.............................................................................. 14 Deferred Compensation................................................................................. 14 Retirement ...................................................................................................... 14 Health Club Reimbursement ...................................................................... 15 Education Reimbursement ........................................................................ 15 Employee Assistance Program ................................................................. 16 Workers Compensation Salary Continuation .......................................... 16
5.14 5.15 6. 6.1 6.2 6.4 6.5 6.6 6.7 7. 7.1 7.2 7.3 7.4 7.5 7.6 8. 8.1 8.2 8.3 9. 9.1 9.2 9.3 9.4 10. 10.1 10.2 10.3
Social Security ............................................................................................ 16 Joint Labor-Management Committee ........................................................ 16 Uniform Allowance......................................................................................... 16 Standby Pay.................................................................................................... 17 Shift Differential ............................................................................................. 18 Education Incentive ....................................................................................... 18 Service Award ................................................................................................ 18 Certification Pay ............................................................................................. 19 Vacation Accrual ............................................................................................ 20 Use of Vacation .............................................................................................. 20 Minimum Use .................................................................................................. 21 Vacation Buyback .......................................................................................... 21 Holidays Falling During Vacations ............................................................... 22 Vacation Accrual for Transitioned Employees ............................................ 22 Sick Leave Accrual ........................................................................................ 22 Personal Necessity Leave ............................................................................. 22 Sick Leave Incentive ...................................................................................... 23 Full-Time Employee Holidays ....................................................................... 23 Part-Time Employee Holidays ....................................................................... 24 Work Performed on Holidays ........................................................................ 24 Holiday Schedule for Regular Water Plant Operators grade 3 ................... 24
Incentives and Differentials ................................................................................ 16
Vacation ................................................................................................................ 20
Sick Leave ............................................................................................................ 22
Holidays ................................................................................................................ 23
Catastrophic Leave ........................................................................................... 25 Purpose of Catastrophic Leave ................................................................. 25 Catastrophic Leave Definitions ................................................................. 25 Catastrophic Leave Eligibility .................................................................... 25 Donors ................................................................................................... 25 Recipients ............................................................................................. 26
10.3.1 10.3.2 10.4 11. 12.1 12.2
Catastrophic Leave Procedures ................................................................ 26 Objective of the Probationary Period ........................................................ 27 Probationary Period.................................................................................... 27
Bereavement Leave ........................................................................................... 27
12.3 13. 13.1 13.2 13.3 13.4 13.5 13.6 14. 14.1 14.2 14.3 15. 15.1 15.2 15.3 16. 16.1 16.2 16.3 17. 18. 19. 20.
Promotional Probationary Period .............................................................. 28 Layoff Policy................................................................................................ 28 Notification .................................................................................................. 28 Employment Status .................................................................................... 28 Vacancy and Demotion .............................................................................. 28 Reinstatement List ...................................................................................... 29 Reinstatement ............................................................................................. 29 Disciplinary Action ..................................................................................... 29 Disciplinary Action Appeal Procedure for Written Reprimands ............. 30 Disciplinary Action Appeal Procedure for Non-Written Reprimands ..... 31 Grievance Definition ................................................................................... 33 Grievance Procedure .................................................................................. 33 General Conditions of Grievances ............................................................ 35 Payment ....................................................................................................... 35 Minimum Reportable Periods .................................................................... 36 Compensatory Time Off ............................................................................. 36
Layoff.................................................................................................................. 28
Disciplinary Action ............................................................................................ 29
Grievances ......................................................................................................... 33
Overtime ............................................................................................................. 35
City Rights ......................................................................................................... 36 Severability ........................................................................................................ 37 Full Understanding ............................................................................................ 37 Past Practices .................................................................................................... 37
Appendix A .................................................................................................................. 39
Memorandum of Understanding Between the City of Pittsburg and Teamsters Local 856 July 1, 2013 through June 30, 2015 Preamble Teamsters Local 856 and representatives of the City of Pittsburg have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment, have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. The legal relationship between the City of Pittsburg (City), its employees, and Teamsters Local 856 (Unit B) is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City Municipal Code, the City Personnel Rules and Regulations, and this Memorandum of Understanding. Whenever this Memorandum of Understanding contains a provision relating to the subject matter which is also referred to in the Personnel Rules and Regulations or any other city ordinance, the provisions of this Memorandum of Understanding shall prevail. This Memorandum of Understanding shall be presented to the City Council of the City of Pittsburg as the joint recommendation of the undersigned parties for the term set forth hereinafter. 1. 1.1 Recognition Association Recognition The Teamsters Local 856, hereinafter referred to as Unit B or Teamsters is the exclusively recognized employee organization for the following positions: Electrician Equipment Mechanic Maintenance Worker I Facilities and Utilities Maintenance Worker II Facilities and Utilities Maintenance Lead Worker Facilities and Utilities Maintenance Worker I Environmental Services Maintenance Worker II Environmental Services Maintenance Lead Worker Environmental Services Pest Control Specialist Utility Lineworker Utility Technician I Utility Technician II Recreation Services Lead Worker Recreation Services Worker Water Instrument/Maintenance Technician I Water Instrument/Maintenance Technician Ii
1.2
Water Plant Apprentice Operator Water Plant Operator, grade 3 Water Quality Analyst I Water Quality Analyst II
City Recognition The City Manager, as the Employee Relations Officer, or any management representative duly authorized by the City Manager, is the representative of the City of Pittsburg, hereinafter referred to as the City.
2. Term This Memorandum of Understanding shall be in effect July 1, 2013, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth, and shall remain in full force and effect to and including June 30, 2015 and shall continue thereafter from year to year unless during the thirty (30) day period beginning February 15, 2015 or February 15 of any subsequent year either party has delivered written notice to the other of its desire to amend, modify, or terminate this Memorandum of Understanding. Unless mutually agreed to otherwise, negotiations for a successor Memorandum of Understanding shall begin no later than thirty (30) days subsequent to the delivery of such notification. 3. 3.1 Union Security Agency Shop Election The City and Teamsters agree to permit all employees in a represented classification to vote as to whether or not there shall be an agency shop agreement. Such election to occur at the same date, time, and place as the ratification election of this Memorandum of Understanding. The City and Teamsters shall implement the agency shop provisions if a majority of all employees eligible to vote in the agency shop election vote in the affirmative for the agency shop. Agency Shop Provisions These agency shop provisions shall apply only if a majority of all employees eligible to vote in the agency shop election vote in the affirmative for the agency shop. 1. All existing employees, and all new employees who are hired into classifications, covered by this Memorandum of Understanding, shall at the time of hire, execute an authorization for the payroll deduction for one of the following options: a. Become and remain a member of Teamsters; or
3.2
b.
Pay to Teamsters an agency fee in the amount which may not always be less than but will never be more than an amount which may be lawfully collected under applicable constitutional, statutory, and case law made during the duration of this Memorandum of Understanding, it being understand that it shall be the sole responsibility of Teamsters to determine an agency fee which meets the above criteria, subjection to the limitations of 1c below; or Do both of the following: 1) Present to Teamsters a written declaration that the employee is a member of a bona fide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization; and Pay a sum equal to the agency fee described above to one of the following East County Boys and Girls Club, Los Medanos College Foundation, Pittsburg Historical Society, Senior Outreach Services, or the United Way.
c.
2)
2.
The City shall, in all appropriate cases, implement a mandatory deduction from pay for all employees within the bargaining unit for Teamsters dues, agency fee or exemption donations; however, the City shall not be required to dismiss or otherwise discipline any bargaining unit member for failure to fulfill their obligations under agency shop. If after all other involuntary and insurance premium deductions are made in any pay period, including medical insurance, dental insurance, disability insurance, Social Security, Medicare, tax withholding, garnishment, judgment or governmental level, and the balance is not sufficient to pay the deduction of Teamsters dues, agency fee, or exemption donation required by this Section, then no such deduction shall be made for that current pay period. The provisions of this Section shall not apply during periods that an employee is separated from the bargaining unit, but shall be reinstated upon the return of the employee to the bargaining unit. For the purpose of this Section, the term separation includes promotion, demotion, reclassification or transfer out of the bargaining unit, layoff, employment separation, and leave of absence without pay. These Agency Shop provisions are governed by and in accordance with Government Code Section 3502.5.
3.
4.
5.
3.3
Agency Shop Compliance 1. New Employees Upon request by Teamsters, the City shall furnish Teamsters with copies of Employee Authorization for Payroll Deductions documents related to agency shop deductions executed by new employees. Within thirty (30) calendar days of hiring, the City shall provide the name of the new employee in this bargaining unit to Teamsters. 2. Current Employees a. An employee in a position covered by this Memorandum of Understanding shall be provided by Teamsters with an Employee Authorization for Payroll Deduction form. b. If the form authorizing payroll deduction is not returned to Teamsters within thirty (30) calendar days after receipt of notice of the Agency Shop provisions, then Teamsters may, in writing, direct that the City withhold the agency fee from the employees salary, in which case the employees pay shall be reduced by an amount equal to the agency fee and the City shall pay that amount withheld to Teamsters.
3.4
Hold Harmless Teamsters shall indemnify, defend, and save the City of Pittsburg, its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Section, or action taken or not taken by the City under this Section, and shall promptly reimburse the City for legal fees and costs incurred by the City in responding to or defending against any claims, disputes or challenges. This includes, but is not limited to, the Citys attorney fees and all costs and preparation time, to and including the reserved right of the City to select counsel of its own choice. Teamsters Materials The City shall use its best efforts to hand out agreed upon Teamsters materials addressing agency shop along with the agency shop forms. Membership Listing Upon request from Teamsters but not more than bi-annually, the City shall produce and provide to Teamsters a listing of the names, positions for all represented employees. Bulletin Boards and Meeting Rooms Teamsters shall be permitted to post notices of official Teamster business on existing bulletin boards. The City has the right to remove any posted material that is outdated or not in conformance with Pittsburg Municipal Code Section 2.53.130.
3.5
3.6
3.7
Teamsters shall be permitted to use City meeting rooms in conformance with Pittsburg Municipal Code Section 2.53.130. 3.8 Release Time The City agrees to provide an adequate and reasonable amount of release time for designated officers and representatives of Teamsters to conduct, with the City Managers or his/her designees approval, Teamster business and to engage in meet and confer sessions with official representatives of the City.
4. Salaries Salary ranges for represented classification shall be as set forth in Appendix A, which is attached hereto and made a part hereof. A. B. Effective July 7, 2013 the City shall provide a four percent (4%) increase to all salary steps within the unit. Effective the first pay period in Fiscal Year 2014/2015 (July 6, 2014) the City shall provide a one percent (1%) increase to all salary steps within the unit. Beginning July 7, 2013, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 15 and January 11 of each fiscal year, and shall consist of forty (40) hours time off during that time frame1. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 7, 2013. The hours will be noted as a separate line item deduction on the employees paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit members existing base salary amount for City benefit accrual purposes.
C.
1 For those staff with twelve (12) hour shifts on three (3) consecutive days versus a shift with forty (40) consecutive hours, the consecutive time off requirement shall be for thirty-six (36) consecutive work hours off. The remaining four (4) hours of winter closure time shall be determined by the City but shall occur between December 15 and January 11. 8
If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time). 5.1 Potential One-Time Stipend If the City receives $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2013-2014, then the City will provide a one-time stipend to all employees within this unit. The stipend shall be provided in November 2014 based on the following schedule: One Time Revenues $200,000 to $250,000 $250,001 to $299,999 $300,000 to $350,000 $350,001 to $399,999 $400,000 to $450,000 $450,001 and above One Time Stipend 1% of Salary 1.5% of Salary 2% of Salary 2.5% of Salary 3% of Salary 3.5% of Salary
If the employees within this unit do not receive a stipend in November 2014 equaling the maximum of 3.5% of their salary, then the balance of what they did not receive will be available for an additional potential one-time stipend in November 2015. This additional potential stipend will be calculated based on the same thresholds described in the chart above based on any unbudgeted onetime revenues received in Fiscal Year 2014-2015. Accordingly, the City must also receive a minimum of $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2014-2015 in order for employees to be potentially eligible for this additional stipend. If in Fiscal Year 2013-2014 onetime unbudgeted revenues are not sufficient to trigger any stipend, any one-time unbudgeted revenues that the City receives during Fiscal Year 2013-2014 shall be carried over to Fiscal Year 2014-2015 for the purposes of calculating the additional stipend. In no event shall employees receive combined stipends that exceed 3.5% of salary. The City agrees to provide the Union with copies of Quarterly Reports for purposes of identifying one-time revenues the City receives. 4.1.1 Definition of One-Time Revenues Non-recurring General Fund revenues not already included in the Fiscal Year 2013-2014 approved budget fitting into one or more of these categories: (1) sales tax receipts of $200,000 or more associated with single large transactions not expected to recur; (2) reimbursements for costs incurred in prior fiscal years; and (3) net proceeds from land sales.
5. 5.1
Benefits Medical Insurance The City will provide a medical insurance plan through Kaiser Permanente, and will make every reasonable effort to maintain a second option through a NonKaiser HMO plan that allows members to choose their physician based on that physicians ability to accept coverage through said plan. Additionally, the City will explore providing multiple co-pay options. Citys contribution toward Kaiser Permanente Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) $628.05 per month Employee plus one (dual) $1,256.14 per month Employee plus two or more (family) $1,777.47 per month Effective January 1, 2014 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) Employee plus one (dual) Employee plus two or more (family) $675.15 per month $1,350.35 per month $1,910.78 per month
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) Employee plus one (dual) Employee plus two or more (family) $708.91 per month $1,417.87 per month $2,006.32 per month
Citys contribution toward Non-Kaiser HMO Plan Option In so long as the City maintains the ability to provide a Non-Kaiser HMO Plan option, the City shall provide: Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) Employee plus one (dual) Employee plus two or more (family) $701.01 per month $1,402.00 per month $1,983.85 per month
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Effective January 1, 2014 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) Employee plus one (dual) Employee plus two or more (family) $753.59 per month $1,507.15 per month $2,132.64 per month
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) $791.27 per month Employee plus one (dual) $1,582.51 per month Employee plus two or more (family) $2,239.27 per month Citys contribution for regular part-time employees The Citys medical insurance premium contribution shall be pro-rated for represented part-time employees. 5.2 Retiree Medical Insurance A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below: 1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty (20) but fewer than twentyfive (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retirees spouse. Within the confines of Retiree Medical Insurance, the term full-time regular City service shall also include hourly service for those full-time employees who transitioned from hourly status to regular status during the period of 1994 through 1998. A retired employees spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to
2.
3.
4.
5.
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participate in the Citys offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee. 6. The Citys contribution toward retiree health insurance, and the retiree and/or retirees spouses participation in the Citys offered retiree health insurance, shall end at the end of the month following the retired employees sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the Citys contribution toward the surviving spouses monthly premium shall continue until the end of the month following what would have been the retired employees sixty-fifth (65th) birthday. Exclusions The benefits described above shall apply to all current and future retirees except for the following exclusions: a. b. c. d. e. Retirees who do not retire directly from City service; or Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or Retirees who fail to comply with any requirements as described in verifications; or Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement. Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or
7.
8.
Verification Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility. Employees hired on or after January 1, 2012 will be provided an optional Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute $75 per month. Participation in the plan is not required by the employee; however employees will not be eligible for the matching City funds of seventy-five dollars ($75) per month absent the required employee contribution of seventy-five dollars ($75) per month.
B.
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C.
Employees hired before January 1, 2012 may opt to enroll in the Retirement Health Savings (RHS) plan at their own expense. No City funds will be contributed to the RHS plan for employees hired prior to January 1, 2012.
5.3
Dental Insurance The City shall maintain the existing dental insurance benefits throughout the term of this Agreement. The City shall contribute all dental insurance premiums on behalf of represented full-time employees. The Citys dental insurance premium contribution shall be pro-rated for represented part-time employees.
5.4
Medical and/or Dental Alternative An employee eligible for the Citys sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, two-three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. An employee eligible for the Citys sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00). A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time represented employee.
5.5
Life Insurance All regular full-time employees represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of seventy-five thousand dollars and zero cents ($75,000.00). All regular part-time employees represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of twenty-five thousand dollars and zero cents ($25,000.00).
5.6
Long-Term Disability Insurance The City provides a long-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of fourteen thousand one hundred sixty-seven dollars and zero cents ($14,167.00) after a one hundred eighty (180) day waiting period, for disabilities occurring on and off the job.
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The City provided through September 30, 2005 a short-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of seven thousand dollars and zero cents ($7,000.00) after a thirty (30) day waiting period, for disabilities occurring on or off the job. Beginning October 1, 2005 there shall no longer be offered a short-term disability insurance plan. 5.7 State Disability Insurance The City participates in the State Disability Insurance program for all employees represented under this Agreement, at the expense of the employee. Deferred Compensation Effective July 1, 2007 the City will make a matching contribution to a 457 deferred compensation plan for participating regular full-time employees up to a maximum of fifty dollars and zero cents ($50.00) per month. The City will make a matching contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of twenty-five dollars and zero cents ($25.00) per month. Retirement All current and new employees will be covered by the Public Employees Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA). A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.
5.8
5.9
The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula: a. b. c. d. e. B. One Year Final Compensation (Section 20042) Annual Cost-of-Living Increase at 3% (Section 21335) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691) For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a
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thirty-six month period (3 year average) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula: a) b) c) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share. C. For all represented employees hired on or after January 1, 2013, who are considered new members under California Government Code Section 7522.04(f), shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, new members shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.
5.10
Health Club Reimbursement The City provides reimbursement toward health club membership dues in the amount of twelve dollars and fifty cents ($12.50) per month. The employee must provide proof of attendance at least six (6) times per month to receive reimbursement. Section 5.10, Health Club Reimbursement, ends June 30, 2003. Education Reimbursement When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of one hundred percent (100%) of tuition charges, fees, the cost of textbooks and supplies or two thousand four hundred dollars ($2,400), whichever is lower, each calendar year the employee is enrolled in approved training. Additionally, the City will reimburse fifty percent (50%) of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between two thousand four hundred dollars ($2,400) and three thousand dollars ($3,000). Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of C or better or in cases of courses offered as pass/fail, a grade of pass. Costs for education reimbursement come from each individual department budget.
5.11
15
5.12
Employee Assistance Program The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per year. Workers Compensation Salary Continuation Employees are covered by Workers Compensation benefits pursuant to the statutes of the State of California. Over and above the workers compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California. Social Security All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with the schedules provided by the Federal Government. Joint Labor-Management Committee The City and AFSCME agree to establish a joint Labor-Management Committee, whose purpose is to review and evaluate health insurance plan design (i.e., not premiums or employee/employer contributions). Although not represented under this collective bargaining unit, the City shall invite other bargaining units to participate in this joint Labor-Management Committee with the parties intent that there is a single Labor-Management Committee with this defined purpose. If through the JLMC process the parties decide to move the employees in this unit into a health plan that has actual premium costs that fall below the City contribution amounts provided in 6.1, any amount below the applicable City contribution shall be provided to the employee in the form of a contribution to their Retirement Health Savings (RHS) plan or another vehicle agreed to by the parties. For example, if a new plan provides an actual 2015 Kaiser single party premium of $600 per month, any employee who selects that plan for January 2015 shall receive a contribution of $108.91 per month to their RHS plan. If on the other hand, the new plan provides a premium for 2015 Kaiser single party of $708.91 or greater, an employee shall receive no contribution towards their RHS plan for the selecting that medical plan option.
5.13
5.14
5.15
6. 6.1
Incentives and Differentials Uniform Allowance Employees who are required by their department head to wear a uniform shall be provided with work uniforms at City expense. Uniforms will be replaced, as needed, thereafter.
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Work uniforms shall be appropriate for the typical functions performed and consistent with good safety practices. The department heads shall determine the color, style and lettering on the uniforms to be worn by their subordinates, subject in each case to the approval of the City Manager. The City shall furnish as an initial issue to each regular employee three (3) sets of work uniforms (shirts and pants), which also may include depending on the job function one (1) cold weather coat, two (2) sweatshirts and/or one (1) pair of safety shoes. The employee shall be responsible for laundering and mending their work uniforms at their expense. Whenever a work uniform, or a part thereof, is worn out or damaged beyond repair, the employee shall turn said work uniform in to his/her department head and shall be issued replacement work uniforms therefore. 1. Employees of the Public Works Department may be provided protective shoes and/or clothing dependent upon their typical functions. The type and style of such protective shoes/clothing shall be determined by the Public Works Director. The City can meet its obligations under this Section by contracting with a uniform services firm to provide and launder work uniforms.
2.
6.2
Standby Pay In order to provide emergency service during evenings, weekends, and holidays, Teamsters agrees that Maintenance Workers (I, II and Leads) and Electricians shall make themselves available to respond to emergency calls. The employee scheduled for primary standby shall receive three hundred dollars ($300) for each primary standby shift. The employee scheduled for secondary standby shall receive two hundred and fifty dollars ($250) for each secondary standby shift. A standby shift is a one-week period that begins at the end of the employees Friday shift. The employee scheduled for holiday secondary standby shall receive oneseventh (1/7th) of the secondary standby weekly rate. Holiday secondary standby is when a third Maintenance Worker (I, II and Lead) or Electrician has been assigned standby duty on a holiday provided to full-time employees as outlined within this collective bargaining agreement (excludes floating holidays). An employee on standby receives an additional eight (8) hours of compensatory time off at their regular rate of pay when on standby on Thanksgiving or Christmas.
6.3
Working Out of Classification
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Department heads may, from time to time, because of vacancies, leaves of absence and other reasons, require an employee to work in a position which has a higher rate of pay than the employees regular position. Whenever such an assignment last longer than seven (7) calendar days, the employees pay shall be adjusted for the eighth (8th) and subsequent days of such assignment. For the eighth (8th) and subsequent days, the employees pay shall be at that rate the employee would receive were he/she were promoted to the higher paying position. This paragraph shall apply only to full-time substitution in a position, involving a temporary abandonment of the employees regular work. Department heads may, from time to time, because of increased duties which would normally be outside of the employees assigned classification, increase the employees pay by five percent (5%) for the duration of the increased duties when such assignment lasts longer than seven (7) calendar days. Holidays, days off, and off duty and standby shifts, shall not be considered as interrupting the consecutiveness of working out of classification. Every instance involving extra pay to an employee for working in a higher classification must have the approval of the City Manager. 6.4 Shift Differential The City agrees to pay Water Plant Operator grade 3s a shift differential of one dollar and seventy-five cents ($1.75) per hour for working the hours of 5:00 p.m. to 10:59:59 p.m. and three dollars and fifty cents ($3.50) per hour for working the hours of 11:00 p.m. to 6:59:59 a.m. This differential shall be paid through payroll as other incentives are paid. Education Incentive A three hundred dollar ($300) per month salary incentive shall be granted to Water Plant Operator grade 3s who receive and maintain a Treatment Grade III State of California Certification. A five percent (5%) salary incentive shall be granted to Water Plant Operator grade 3s who receive and maintain a Treatment Grade IV Certification. Service Award A regular full-time employee shall receive in December, if currently employed, service award pay based upon his/her total years of continuous City service, based on the following timetable and amounts: Years of City Service 10 years 15 years 20 years 25 years 30 years 35 years Service Award Amount $200 $300 $400 $500 $600 $700
6.5
6.6
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40 years 45 years
$800 $900
6.7 Certification Pay The City agrees to pay an employee represented under this collective bargaining agreement special certification pay in the following amount; provided, however, an employee receive the greater of either the certification pay for a single item from the following list or the combined certification pays of multiple items from the following list provided; however, that such combined certification pays shall not exceed five percent (5%) total: a. Maintenance Worker I shall receive two percent (2%) per month for possession of a California class A or California class B drivers license with air brake and tank endorsements; b. Maintenance Worker I shall receive two percent (2%) per month for possession of a California D-1water distribution certificate or five percent (5%) per month for a California D-2 water distribution certificate. c. Maintenance Worker I shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 1 certificate or five percent (5%) per month for a California Water Environmental Associations Collection System Maintenance grade 2 certificate. d. Maintenance Worker II shall receive two percent (2%) per month for possession of a D-1 water distribution certificate or five percent (5%) per month for a California D-2 water distribution certificate; e. Maintenance Worker II Facilities & Utilities shall receive eight percent (8%) per month for possession of a D-3 water distribution certificate; f. Maintenance Worker II shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 2 certificate or five percent (5%) per month for a California Water Environmental Associations Collection System Maintenance grade 3 certificate. g. Maintenance Lead Worker shall receive two percent (2%) per month for possession of a California D-2 water distribution certificate. h. Maintenance Lead Worker shall receive five percent (5%) per month for possession of a California D-3 water distribution certificate. i. Maintenance Lead Worker Facilities & Utilities shall receive eight percent (8%) per month for possession of a California D-4 water distribution certificate.
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j.
Maintenance Lead Worker shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 3 certificate.
k. An employee who is certified and authorized by the City Manager or designee to train other City employees on the proper use of a front end loader, skid steer loader and a backhoe shall receive two percent (2%) per month. l. An employee who is certified and authorized by the City Manager or designee to train other city employees on the proper use of a narrow isle forklift, lift truck, and powered pallet jack shall receive two percent (2%) per month.
m. A Maintenance Worker I/II Environmental Services who possesses a State of California Qualified Applicator Certificate shall receive two percent (2%) per month. n. Water Quality Analyst shall receive five percent (5%) per month when assigned designation of Water Treatment Plant Lab Director. 7. 7.1 Vacation Vacation Accrual The vacation accrual rate for regular full-time employees shall be: Years of City Service 0-5 Years 6-10 years 11 years 12 years 13 years 14 years 15-19 years 20 and more years Accrual Rate Accrue 3.08 hours per pay period (10 days) Accrue 4.62 hours per pay period (15 days) Accrue 4.92 hours per pay period (16 days) Accrue 5.23 hours per pay period (17 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Accrue 6.15 hours per pay period (20 days) Accrue 7.69 hours per pay period (25 days)
Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified full-time employee. 7.2 Use of Vacation Vacation shall be taken at such time as is mutually convenient for the department and the employee.
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1.
Maximum Accumulation The maximum accrual allowed is two hundred forty (240) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback. a. Effective July 1, 2014 the maximum accrual allowed is two hundred and sixty (260) hours.
2. 3.
Double Compensation Prohibited Employees shall not work for the City during their vacation. When Scheduled The time at which an employee takes his/her vacation will be determined with due regard for the wishes of the employee, the date of application for a specific vacation period, the department seniority of employees, and with particular regard for the needs of the department.
7.3
Minimum Use Employees must use a minimum of forty (40) hours of vacation per year. Any exception to this section must be approved by the City Manager to be eligible for vacation buyback. Vacation Buyback Employees may receive vacation pay in lieu of paid time off. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that buyback will result in increased cost-effectiveness and efficiency to the City as determined by the City Manager. Employees are only eligible for one such approval in a twelve (12) month period and only one (1) buyback per fiscal year. Each vacation buyback shall be limited to a maximum of eighty (80) hours and will be at the employees regular rate of pay. Vacation hours bought back shall be paid at the employees normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the eighty (80) hour limit in urgent and/or emergency situations. Effective July 1, 2013 the total City-wide allocation for the buyback program will be $185,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests. At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $185,000, employees will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceed $185,000, request hours will be pro-rated and employees paid accordingly. Should this occur, employees will be credited with vacation hours in excess of those hours determined eligible for the buyback program.
7.4
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Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. 7.5 Holidays Falling During Vacations When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employees compensation for that day shall be holiday and shall not be paid or charged as vacation. Vacation Accrual for Transitioned Employees Accumulation for vacation benefits Employees who have transitioned from temporary status to regular employee status shall accrue vacation benefits based on their total years of service (since their most recent temporary employee hire anniversary). This benefit shall only apply for time spent in full-time temporary employment before their transition to regular appointment.
7.6
8. 8.1
Sick Leave Sick Leave Accrual All full-time regular employees shall accrue 3.69 hours sick leave per pay period (twelve days per year), up to a maximum accrued and unused sick leave of two thousand (2,000) hours. All part-time regular employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each pay period exceed 3.69 hours, nor shall the maximum accrued and unused sick leave balance exceed two thousand (2,000) hours. Employees may not borrow on unearned sick leave. No payment shall be made for accrued and unused sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to PERS service credit.
8.2
Personal Necessity Leave An employee may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this
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section, personal necessity shall mean the employee requests leave from his/her work to attend to personal business that cannot be dispensed with during off duty time. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the employees department head. Personal necessity leave is considered use of sick leave. 8.3 Sick Leave Incentive A full-time employee who uses no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation, with a maximum accrual during any one (1) year to be sixteen (16) hours. Holidays Full-Time Employee Holidays All regular full-time employees will be entitled to the following fifteen (15) holidays of eight hours each per year: Day/Date 1. January 1 2. Third Monday in January 3. February 12 4. Third Monday in February 5. March 31 6. Last Monday in May 7. July 4 8. First Monday in September 9. Second Monday in October 10. November 11 11. Fourth Thursday in November 12. Day following Thanksgiving 13. December 25 14. Sixteen (16) hours of floating holiday Holiday Name New Years Day Martin Luther King Lincolns Day Washingtons Day Cesar Chavez Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
9. 9.1
An employee hired or promoted to a regular position after June 30th shall receive only eight (8) hours of floating holiday during the first calendar year such regular position appointment. Holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling during the week will be observed on the actual day. In the case of an employee whose regular day off occurs on the holiday, the employee shall have eight hours holiday credited to his/her compensatory time off balance. Floating holidays must be taken during the calendar year in which earned or will be lost.
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9.2
Part-Time Employee Holidays All regular part-time employees will be paid on a pro-rated basis depending upon their designated hours of work, for the holidays defined above when any such holiday falls on a regularly scheduled work day. All regular part-time employees will receive a pro-rated number of floating holiday hours based on their designated hours of work, and such hours shall be based on the total floating holidays defined above. Work Performed on Holidays An employee who is eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive eight (8) hours straight time holiday pay plus the overtime rate for work performed on the holiday. (Normal overtime provisions as outlined within this agreement still apply.) An employee who is not eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive his/her regular pay for time worked on the holiday and shall have eight hours holiday credited to his/her administrative leave account and said hours shall be used by December 31st of the year credited, otherwise the hours shall be forfeited.
9.3
9.4
Holiday Schedule for Regular Water Plant Operators grade 3 The holiday schedule for regular full-time Water Plant Operators grade 3 shall be as specified below: Day/Date Holiday Name 1. January 1 New Years Day 2. Third Monday in January Martin Luther King 3. February 12 Lincolns Day 4. Third Monday in February Washingtons Day 5. March 31 Cesar Chavez Day 6. Last Monday in May Memorial Day 7. July 4 Independence Day 8. First Monday in September Labor Day 9. Second Monday in October Columbus Day 10. November 11 Veterans Day 11. Fourth Thursday in November Thanksgiving Day 12. Day following Thanksgiving 13. December 25 Christmas Day 14. Sixteen (16) hours of floating holiday When a regular full-time Water Plant Operator grade 3 works on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours holiday paid at the overtime rate.
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When a regular full-time Water Plant Operator grade 3 does not work on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours credited into his/her compensatory time off balance. In the event the Water Plant Operator grade 3 has reached the maximum compensatory time off balance as specified in this Agreement, then the Water Plant Operator grade 3 shall not receive the hours credited into his/her compensatory time off account but shall receive the hours paid as additional earnings. When a regular full-time Water Plant Operator grade 3 does not work on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours credited into his/her compensatory time off balance. In the event the Water Plant Operator grade 3 has reached the maximum compensatory time off balance as specified in this Agreement, then the Water Plant Operator grade 3 shall not receive the hours credited into his/her compensatory time off account but shall receive the hours paid as additional earnings. 10. 10.1 Catastrophic Leave Purpose of Catastrophic Leave The Catastrophic Leave Program is designed to assist regular employees, regardless of bargaining unit representation, who have exhausted paid time credits due to the employees or immediate family members serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury. Catastrophic Leave Definitions 1. Catastrophic Illness or Injury A medically certified illness, injury, impairment, physical or mental condition of the employee or the employees immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more. 2. 3. 10.3 Leave to be donated Vacation or sick leave. Immediate Family Member shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in-law.
10.2
Catastrophic Leave Eligibility 1. 10.3.1 Donors Only regular employees are eligible to donate accrued vacation or sick leave.
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2.
Donating employees may not reduce their balance of earned vacation below forty (40) hours or sick leave below forty (40) hours by reason of such donation. 10.3.2 Recipients Only regular employees may participate in the Catastrophic Leave program. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human Resources Department with the application. All accumulated time, sick leave, vacation time, compensatory time, and other available paid time off balances must have been exhausted. A request for leave of absence without pay for medical reasons has been submitted and approved. Request for participation in the program shall be made on an application for Catastrophic Leave Program form, available from the Human Resources Department.
1. 2.
3. 4. 5.
10.4
Catastrophic Leave Procedures 1. Donations must be a minimum of one (1) day at a time and submitted on the appropriate donation form. 2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employees sick leave balance on a hour-forhour basis and shall be paid at the rate of pay of the recipient employee. Donations, once made, are irrevocable. Any period of donated leave may be counted as Family and Medical Leave time. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months. Verification of catastrophic illness must be submitted by a licensed physician to the Human Resources Department. Employees are eligible for this benefit only once during their employment with the City. Employees must have accumulated a minimum of one hundred twenty (120) hours of sick leave or eighty (80) hours of vacation time before a donation can be made.
3. 4. 5. 6. 7. 8.
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11.
Bereavement Leave
Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half-brothers, half-sisters, fathers-in-law, and mothers-in-law. Time off for funerals may be taken only within five (5) calendar days before and after the date of the actual funeral or service. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members of the employee not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave. 12. 12.1 Probationary Period Objective of the Probationary Period The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employees work, for securing the most effective adjustment of a new employee to his/her position, and for releasing any probationary employee whose performance in the opinion of the City Manager, City Managers designee, and/or appointing authority does not meet the required standards of work. Nothing in this policy is intended to limit the reasons for which an employee may be released during the probationary period. Release of an employee during the probationary period may be with or without cause and with or without prior notice to the employee. Probationary Period All original and promotional appointments to a regular position, excluding at-will employees, shall be tentative and subject to a probationary period of twelve (12) months of active duty from the date of probationary appointment or promotion. Days absent without pay during the probationary period shall extend the probationary period by the same number of days so as to result in a probationary period of active working duty for the required twelve (12) months of active duty. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the same position into which transferring, provided the employee has completed the employees probationary period in the classification at the time of transfer. During the probationary period, the employee may be released at any time by the City Manager, City Managers designee, and/or appointing authority with or without cause and with or without prior notice. An employee released during the probationary period has no right to appeal or grieve the release.
12.2
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The probationary period may exceed twelve (12) months of active duty when the extension is by mutual agreement between the probationer, appointing authority, and (if not the appointing authority) the City Manager. The probationary period shall not exceed eighteen (18) months of active duty. 12.3 Promotional Probationary Period An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. Layoff Layoff Policy Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it necessary to abolish any position of employment, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and without the right of appeal. Notification An employee being laid off shall be given at least fourteen (14) days prior notice. Employment Status In each class, employees shall be laid off according to employment status in the following order: temporary, regular part-time, probationary full-time, and regular full-time. In this chapter, probationary status means the probationary period required upon the initial employment with the City leading to a regular position. Vacancy and Demotion Whenever there is a layoff, the City Manager shall first demote an employee to a regular position vacancy, if any, in a lower class for which the employee previously held. All persons so demoted shall have their names placed on a reinstatement list for a period of one year. Upon layoff, regular employees have the right to retreat to a lower class in accordance with this layoff policy. In order to retreat to a lower class an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Services Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. Seniority includes time accrued in regular full-time and regular part-time service. In this chapter, length of service for regular part-time employment is calculated
13. 13.1
13.2 13.3
13.4
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on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority. The City Manager after consultation with the department head, in his/her sole discretion, may authorize the retention of an employee, despite that employees position on a seniority list, if the employee is determined to have special skills or knowledge which are required for the effective operation of a critical municipal service. 13.5 Reinstatement List The names of all regular and probationary employees laid off shall be placed on a reinstatement list, provided their performance has been satisfactory; said reinstatement list shall remain in effective for twelve (12) months, unless exhausted sooner. Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees. Failure to promptly respond to and accept a reinstatement offer within seven (7) days of the date of the offer shall result in removal from the reinstatement list. Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class. 13.6 Reinstatement A former employee appointed from a reinstatement list shall have the following benefits restored: 1. 2. Accrued but unused sick leave. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).
14. 14.1
Disciplinary Action Disciplinary Action Supervisors shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to a written reprimand. In emergency situations supervisors may relieve employees of their duties, pending further action by a department head.
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Department Heads shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to dismissal from employment. The City Manager shall be vested with the powers to discipline employees, and for cause, may discipline up to dismissal from employment. Any proposed disciplinary action greater than a written reprimand requires prior consultation with the Human Resources Director. The employee shall have the right to request a shop steward, another employee, or bargaining unit representative be present when the employee is called into a meeting that he/she reasonably believes could result in disciplinary action, or where the purpose of the meeting is to propose or impose discipline, or where the purpose of the meeting is to appeal disciplinary action as provided within this section. The City shall send a copy of all disciplinary correspondence to a Union person authorized to receive notices on behalf of the Union (hereinafter called Union Official). Any person disciplined shall be immediately notified in writing of such charges or actions, by U.S. Postal Service mail (with at least mail delivery confirmation) or delivery in person. Any person aggrieved by such action may utilize the Disciplinary Action Appeal Procedure as hereinafter set forth, as a means of appeal from such by the City. Any time limit described in the appeal procedures may be extended only by mutual agreement in writing. Failure by the employee or the employees representative to initiate or appeal within the prescribed time limits shall waive the right of the employee and the employees representative from appealing the discipline. In the case of an appeal, the Citys last answer shall be final and conclusive. The failure of the City to respond to an appeal within the prescribed time limits shall be cause for the employee to automatically appeal the discipline to the next step. 14.2 Disciplinary Action Appeal Procedure for Written Reprimands For all employees, written reprimands may be appealed to the City Manager within seven (7) days of receipt of disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The decision of the City Manager or designee shall be final and conclusive. In the event the City Manager issued the written reprimand, then opportunity to utilize the City Manager Appeal shall still apply.
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14.3
Disciplinary Action Appeal Procedure for Non-Written Reprimands No disciplinary action against an employee, excluding probationary and other atwill employees, shall be imposed unless such action is recommended by the City in a Notice of Proposed Disciplinary Action delivered to the employee either personally or by U.S. Postal Service mail (with at least mail delivery confirmation) and shall contain the following: Notice of Proposed Disciplinary Action 1. A statement of the action proposed to be taken; 2. 3. 4. 5. A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule shall be included with the notice; A copy of the materials upon which the proposed action is based; A statement that the employee has seven (7) days to respond to the author of the Notice either orally or in writing.
The employee or Union Official, upon whom a Notice of Proposed Disciplinary Action has been served, shall have seven (7) days to respond to the author of the Notice orally or in writing before the proposed action may be taken. Upon application and for good cause, the author of the Notice may extend in writing the period to respond. If the employees or Union Officials response is not timely filed, or the employee or Union Official has not requested an extension, the right to respond is lost. Notice of Discipline After the employee or Union Official has responded to the Notice of Proposed Disciplinary Action, or the time to respond has passed, and if the author of the Notice still determines that discipline is appropriate, then the employee shall be provided with a Notice of Discipline. The Notice of Discipline shall include the following: 1. 2. 3. A statement of the action to be taken and the effective date; A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule or regulation shall be included with the Notice of Discipline or a statement shall be included that copies of said rule or regulation have already been provided to the employee with the Notice of Proposed Disciplinary Action;
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4. 5. 6.
A copy of the materials upon which the action is based or a statement that such materials have already been provided to the employee; A statement addressing the responses to the charges by the employee, if any; and Notification to the employee of his/her right to appeal the imposed discipline.
City Manager Appeal Disciplinary actions may be appealed to the City Manager within seven (7) days of receipt of the disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The City Managers or designees decision may be appealed to an arbitrator by the Union Official as provided below. In the event the disciplined employee reports directly to the City Manager, or the City Manager issued the written reprimand, or the City Manager initiated the disciplinary action as described within this chapter, then the City Manager Appeal shall be heard by the City Attorney. Arbitrator The City Managers or designees decision may be appealed to an arbitrator by the Union within seven (7) days of receipt of the decision. The arbitrator shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The method of selection from said list shall consist of the following process: After a toss of coin to decide which party shall move first, a representative of the City and the Union shall alternatively strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. The procedure shall be followed until there is an available arbitrator. The costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the Union. The City and the Union each shall be fully responsible for their own costs and expenses associated with presenting and defending their own case. When an arbitrator has been selected, the City, Union and arbitrator shall begin the arbitration as expeditiously as possible, but not later than seventy-two (72) days from the selection of the arbitrator. The arbitrator shall be governed by the Code of Civil Procedure, Sections 1280 1284.2 in the conduct of the arbitration, unless any provision of this section conflicts, in which case this section shall govern.
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The arbitration shall be closed to the public unless the employee requests in writing a public hearing prior to the time of the hearing. The arbitrator shall be governed by Government Code Section 6250 et seq. and other pertinent provisions of law with respect to the discovery of confidential records, files and memoranda. The arbitrator may modify or revoke a disciplinary action where just cause for the discipline imposed has not been shown or where a violation or omission of procedure for disciplinary action was made in which resulted in substantial prejudice to the employee. The arbitrator shall be without power or authority to make any decision which is prohibited by law or is in violation of the terms of this Memorandum of Understanding. The arbitrator shall not add to, subtract from, disregard, alter or modify any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall: 1. 2. 3. 15. 15.1 Be made in writing within thirty (30) days of the close of the hearing and mailed to the City Manager, City Attorney, and employee; and Be final and binding upon all parties; and Recite the basis for the arbitrators decision.
Grievances Grievance Definition A grievance is any dispute which involves the claimed violation, the (mis)interpretation or (mis)application of the collective bargaining agreement, Personnel Rules, or department rules and regulations, resolutions, or ordinances. A grievant may be an employee, or any group of employees, or a represented bargaining unit. Disciplinary actions, performance evaluations, and other proceedings for which there are alternative appeal procedures or statutory remedies are not grievable. Grievance Procedure A grievance shall be processed in the following manner: Step 1. Within fourteen (14) days of the event or discovery of the event giving rise to the grievance, the grievant will discuss the grievance verbally with the grievants immediate supervisor. For good and sufficient reason, the grievant may initiate
15.2
33
the grievance at Step 2. The grievant will clearly state that a grievance is being initiated, and the parties will discuss the matter and attempt to resolve the grievance. Step 2. If the grievance is not resolved in Step 1, the grievance shall be reduced to writing and presented to the department head within twenty-eight (28) days of the event or discovery of the event giving rise to the grievance. The written grievance shall contain the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. name of grievant(s) class title(s) department mailing address(es) a clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices) the date(s) on which the event(s) giving rise to the grievance occurred a proposed solution to the grievance the date of execution of the grievance form the signature of the grievant(s) the signature of the bargaining unit representative, if such a representative is representing the grievant(s) the date of the discussion meeting in Step 1 and the name of the supervisor involved
The department head will investigate the grievance and confer with the grievant(s) in an attempt to resolve the grievance. The department head will issue his/her decision regarding the grievance in writing within fourteen (14) days of receipt of the written grievance. Step 3. If the grievance is not resolved by the department heads decision in Step 2, the grievant(s) may appeal the written grievance to the City Manager or designee (other than the supervisor and/or department head involved) within fourteen (14) days of receipt of the department heads decision in Step 2. The City Manager or designee will investigate the grievance, confer with persons affected and their
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representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision. 15.3 General Conditions of Grievances 1. The Human Resources Director will act as a central repository for all Step 2 and Step 3 grievance records. 2. 3. Any time limit may be extended only by mutual agreement in writing. An aggrieved employee may be represented by another individual at any stage of the proceedings at his/her request. Both employee and representative (if employed by City) will be entitled to attend proceedings without loss of compensation, should such proceeding conflict with employees and/or representatives normal working hours. Proposals to add to or change the Personnel Rules shall not be considered under this section, and no proposal to modify, amend, or terminate any Memorandum of Understanding between the City and a collective bargaining unit may be considered under this section. Failure by the grievant or grievants representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievants representative, and the grievants collective bargaining unit (if any) to initiate or appeal a grievance. In the case of an appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance. Failure of the City to respond to a grievance within the prescribed time limits shall be cause for the grieving party to automatically move the grievance to the next step.
4.
5.
16. 16.1
Overtime Payment The normal workweek for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day or workweek, then said employee shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate for all such overtime performed by said employee on behalf of the City. The City shall treat all paid time (excluding holidays), such as but not limited to vacation, sick leave, and compensatory time off, as time worked for the purpose of calculating overtime compensation.
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16.2
Minimum Reportable Periods Minimum reportable periods of overtime shall be fifteen (15) minutes, except when an employee is called out from home for an isolated period of duty, in which case the minimum reportable period shall be two (2) hours. Multiple assignments within a single call out period do not qualify for multiple call out pays. If the multiple assignments within a single call out period exceed the minimum reportable period then the employee shall be paid for all hours worked. If the multiple assignments within a single call out period equal or are less than the minimum reportable period then the employee shall be paid the minimum reportable period.
16.3
Compensatory Time Off Notwithstanding any provisions hereunder contrary, department heads or designees shall be allowed to grant compensatory time off on a time and one-half (1-1/2) basis subject to the following: 1. At the time of the overtime assignment, the employee shall make his/her election to be paid for said time or have said overtime entered into a compensatory time off account. Once overtime is so entered, it cannot be exchanged for pay. No more than two hundred forty (240) hours of compensatory time off can be accumulated and maintained on the employees account at any one time. In determining capability of taking compensatory time off at a given time, due regard shall be given to: a. b. c. the wishes of the employee; date of application for specific time off; and seniority (in the event of multiple requests).
2.
3.
17. City Rights The rights of the City, include but are not limited to, a) the exclusive right to determine the mission of its constituent departments, commissions, and boards; b) to set standards of service; c) determine the procedures and standards of selection for employment; d) to direct, discipline and discharge its employees in accordance with law and existing ordinances, rules and regulations; e) to relieve its employees from duty because of lack of work or for other lawful reasons; f) to determine the content of job classifications; g) to determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the performance thereof by subcontract; h) to administer the Citys personnel system; I) to maintain the efficiency of governmental operations; j) to take all necessary actions to carry out its mission in
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emergencies; k) to exercise complete control and discretion over its organization and the technology of performing its work; l) to determine methods of financing. 18. Severability If any provision of this Memorandum of Understanding should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of invalidation of any provision, the City and Unit B agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation. 19. Full Understanding Except as otherwise specifically provided herein, the parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding all matters contained in this Agreement. It is agreed further, that neither party shall be required to meet and confer with respect to any subject or matter contained herein during the term of this Memorandum of Understanding, except regarding the interpretation of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from meeting and conferring during the term of this Agreement upon the mutual agreement of the parties to do so. Mutually agreed upon amendments to this Memorandum of Understanding shall be in writing and must be approved by the City Council. 20. Past Practices The continuation of working conditions and past practices not specifically contained in this Memorandum of Understanding is not guaranteed by this Agreement. Nonetheless, this is the first comprehensive Memorandum of Understanding to be negotiated between the City and the Union and the parties recognize that certain existing working conditions and/or past practices may have been overlooked during the negotiation of this Agreement. If, during the first one hundred eighty (180) calendar days following final approval by the City Council, either party identifies what it believes to be a working condition or a past beneficial practice that was overlooked, the parties shall meet and confer regarding such working condition or past practice. If it is mutually agreed that the practice or working condition did exist and it was overlooked, the parties will amend this Memorandum of Understanding accordingly. If the parties are unable to agree, the dispute will be resolved pursuant to the Citys established impasse resolution procedures. ENTERED INTO THIS _____ DAY OF ____________________, 2013 TEAMSTERS LOCAL 856 CITY OF PITTSBURG
37
By____________________ Rudy Gonzalez Business Representative By____________________ Sonny DAmico Negotiation Team Member
By________________________ Joe Sbranti City Manager
38
Appendix A 1. The current monthly salary ranges for employees in each classification is: Step A Step B Step C Step D 2998 3148 3305 3470 4847 5089 5343 5610 4281 4495 4720 4956 4480 4704 4939 5186 4480 4704 4939 5186 4480 4704 4939 5186 3343 3510 3686 3870 3343 3510 3686 3870 3870 4063 4266 4479 3870 4063 4266 4479 3343 3510 3686 3870 5032 5284 5548 5848 3870 4063 4266 4479 5476 5750 6038 6340 6216 6526 6853 7196 5675 5959 6257 6570 6570 6898 7243 7605 3870 4063 4266 4479 5700 5985 6284 6598 5196 5456 5729 6015 6015 6316 6632 6964 Step E 3643 5890 5204 5445 5445 5445 4063 4063 4703 4703 4063 6116 4703 6657 7556 6898 7985 4703 6928 6316 7312
Classification Account Clerk, part 1 of 2 Electrician Equipment Mechanic Lead Marina Services Worker Maintenance Lead Worker ES2 Maintenance Lead Worker F&U3 Maintenance Worker I ES4 Maintenance Worker I F&U5 Maintenance Worker II ES6 Maintenance Worker II F&U7 Marina Maintenance Worker Pest Control Specialist Utility Lineworker Utility Technician I Utility Technician II Water Instrument/Maintenance Tech. I Water Instrument/Maintenance Tech. II Water Plant Apprentice Operator Water Plant Operator Water Quality Analyst I Water Quality Analyst II
2 3 4 5 6 7
ES = Environmental Services F&U = Facilities and Utilities ES = Environmental Services F&U = Facilities and Utilities ES = Environmental Services F&U = Facilities and Utilities
39
BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG In the Matter of: Amend the Executive Team Benefits and Salary Schedule ) ) RESOLUTION NO.
The City Council of the City of Pittsburg DOES RESOLVE as follows: WHEREAS, the City of Pittsburg has met and conferred in good faith with its three non-safety collective bargaining units for memorandums of understanding for wages, hours, and other terms and conditions of employment; and WHEREAS, the City Council wishes to provide changes to the Citys executive team which are the same or similar to those changes provided in wages, hours and other terms and conditions of employment with represented non-safety employees; and WHEREAS, the Assistant City Manager, Director of Finance and Administration, and Director of Records and Council Services will receive a salary increase of 2.075% in FY 2013-14 instead of 4% as the AFSCME and Teamsters MOUs provide; and WHEREAS, the Assistant City Manager, Director of Finance and Administration, and Director of Records and Council Services will also take a 40 hour winter break between December 15 and January 15 in each fiscal year but will use existing paid time off leave such as vacation or administrative leave to do so. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pittsburg as follows: Section 1. The recitals set forth above are true and correct statements and are hereby incorporated in conjunction with the staff report. The City Council amends the Executive Team Benefits and Salary Schedule and adopts the revised schedule (Exhibit D). This Resolution shall take effect immediately upon its adoption.
Section 2.
Section 3.
PASSED AND ADOPTED this 16thday of September2013 by the following vote: AYES: NOES: ABSTAINED: ABSENT:
Memorandum of Understanding Between the City of Pittsburg and the American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Miscellaneous A Unit
Preamble ........................................................................................................................ 1 1. Union Recognition .................................................................................................. 1 2. Term ......................................................................................................................... 1 3. Union Security ........................................................................................................ 2 3.1 3.2 3.3 3.4 3.5 3.6 Agency Shop Provisions ................................................................................. 2 Agency Shop Compliance ............................................................................... 3 Hold Harmless .................................................................................................. 3 Bulletin Boards and Meeting Rooms .............................................................. 4 Release Time .................................................................................................... 4 Optional Union Dues Deduction ..................................................................... 4
4. City Rights ............................................................................................................... 4 5. Salaries .................................................................................................................... 4 5.1 6. Potential One-Time Stipend ............................................................................ 5 Definition of One-Time Revenues ............................................................ 6 5.1.1 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9
Benefits ................................................................................................................... 6 Medical Insurance ............................................................................................ 6 Retiree Medical Insurance ............................................................................... 8 Dental Insurance .............................................................................................. 9 Medical and/or Dental Alternative ................................................................. 10 Life Insurance ................................................................................................. 10 Long-Term Disability Insurance.................................................................... 10 Flexible Benefits Plan .................................................................................... 10 State Disability Insurance.............................................................................. 10 Deferred Compensation................................................................................. 10
6.10 Retirement ...................................................................................................... 11 6.11 Social Security ............................................................................................... 12 6.12 Education Reimbursement ............................................................................ 12 6.13 Employee Assistance Program..................................................................... 12
6.14 Workers Compensation ................................................................................ 12 6.15 Joint Labor-Management Committee ........................................................... 12 7. Incentives and Differentials ................................................................................ 13 7.1 7.2 7.4 7.5 8. 8.1 8.2 8.3 8.4 8.5 8.6 9. 9.1 9.2 9.3 10. Uniform Allowance......................................................................................... 13 Working Out of Classification ....................................................................... 14 Shift Differential ............................................................................................. 14 Bilingual Pay................................................................................................... 15 Vacation Accrual ............................................................................................ 15 Use of Vacation .............................................................................................. 15 Minimum Use .................................................................................................. 16 Vacation Buyback .......................................................................................... 16 Holidays Falling During Vacations ............................................................... 17 Vacation Accrual for Transitioned Employees ............................................ 17 Sick Leave Accrual ........................................................................................ 17 Personal Necessity Leave ............................................................................. 17 Sick Leave Incentive ...................................................................................... 18 Holidays ............................................................................................................. 18
Vacation ................................................................................................................ 15
Sick Leave ............................................................................................................ 17
10.1 Full-Time Employee Holidays ....................................................................... 18 10.2 Part-Time Employee Holidays ....................................................................... 18 10.3 Work Performed on Holidays ........................................................................ 19 11. Catastrophic Leave ........................................................................................... 19 11.1 Purpose of Catastrophic Leave .................................................................... 19 11.2 Catastrophic Leave Definitions..................................................................... 19 11.3 Catastrophic Leave Eligibility ....................................................................... 20 11.3.1 Donors ..................................................................................................... 20 11.3.2 Recipients ............................................................................................... 20 11.4 Catastrophic Leave Procedures ................................................................... 20 12. 13. Bereavement Leave ........................................................................................... 21 Probationary Period .......................................................................................... 21
13.1 Objective of the Probationary Period ........................................................... 21 13.2 Probationary Period ....................................................................................... 21
13.3 Promotional Probationary Period ................................................................. 22 14. Layoff, Reassignment, & Reinstatement ......................................................... 22 14.1 Layoff Policy ................................................................................................... 22 14.2 Notification ..................................................................................................... 22 14.3 Order of Layoff ............................................................................................... 22 14.4 Seniority, Vacancy and Demotion ................................................................ 23 14.5 Limited Appeal to the City Manager ............................................................. 23 14.6 Reinstatement List ......................................................................................... 23 14.7 Removal of Names from Reinstatement List ............................................... 24 14.8 Reinstatement ................................................................................................ 24 15. Disciplinary Action ............................................................................................ 24 15.1 Disciplinary Action ......................................................................................... 24 15.2 Disciplinary Action Appeal Procedure for Written Reprimands ................ 25 15.3 Disciplinary Action Appeal Procedure for Non-Written Reprimands ........ 25 15.3.1 Notice of Proposed Disciplinary Action ............................................... 25 15.3.2 Notice of Discipline ................................................................................ 26 15.3.3 City Manager Appeal .............................................................................. 26 15.3.4 Non-Binding Mediation .......................................................................... 27 15.3.5 16. Arbitrator ................................................................................................. 27 Grievances ......................................................................................................... 28
16.1 Grievance Definition ...................................................................................... 29 16.2 Grievance Procedure ..................................................................................... 29 16.3 General Conditions of Grievances ............................................................... 31 17. Overtime ............................................................................................................. 31 17.1 Standard Workweek and Workday ............................................................... 31 17.2 Minimum Reportable Periods........................................................................ 32 17.3 Compensatory Time Off................................................................................. 32 18. 19. 20. Severability ........................................................................................................ 33 Full Understanding ............................................................................................ 33 Past Practices .................................................................................................... 33
Appendix A .................................................................................................................. 35 Appendix B .................................................................................................................. 36
Memorandum of Understanding Between the City of Pittsburg and the American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Miscellaneous A Unit Preamble Representatives of the American Federation of State, County, and Municipal Employees (AFSCME) Miscellaneous A Unit and the City of Pittsburg have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment, have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. The legal relationship between the City of Pittsburg (City), its employees, and the American Federation of State, County, and Municipal Employees Miscellaneous A Unit (AFSCME) is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City Municipal Code, the City Personnel Rules and Regulations, and this Memorandum of Understanding. Whenever this Memorandum of Understanding contains a provision relating to the subject matter which is also referred to in the Personnel Rules and Regulations or any other city ordinance, the provisions of this Memorandum of Understanding shall prevail. This Memorandum of Understanding shall be presented to the City Council of the City of Pittsburg as the joint recommendation of the undersigned parties for the term set forth hereinafter. 1. Union Recognition The City recognizes the Union as the exclusively recognized employee organization of the Management/Professional/Confidential bargaining unit in accordance with California Government Code Section 3500 et seq. and the Pittsburg Municipal Code Chapter 2.53 for those classifications which are listed in Appendix A. 2. Term This Memorandum of Understanding shall be in effective July 1, 2013 except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth, and shall remain in full force and effect to and including June 30, 2015 and shall continue thereafter from year to year unless during the thirty (30) day period beginning February 15, 2015 or February 15 of any subsequent year either party has delivered written notice to the other of its desire to amend, modify, or terminate this Memorandum of Understanding. Unless mutually agreed to otherwise, negotiations for a successor Memorandum of Understanding shall begin no later than thirty (30) days subsequent to the delivery of such notification.
3. 3.1
Union Security Agency Shop Provisions These agency shop provisions shall apply only: 1. All existing employees, and all new employees who are hired into classifications, covered by this Memorandum of Understanding, shall at the time of hire, execute an authorization for the payroll deduction for one of the following options: a. b. Become and remain a member of AFSCME; or Pay to AFSCME an agency fee in the amount which may not always be less than but will never be more than an amount which may be lawfully collected under applicable constitutional, statutory, and case law made during the duration of this Memorandum of Understanding, it being understand that it shall be the sole responsibility of AFSCME to determine an agency fee which meets the above criteria, subjection to the limitations of 1c below; or Do both of the following: 1) Present to AFSCME a written declaration that the employee is a member of a bona fide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization; and Pay a sum equal to the agency fee described above to one of the following East County Boys and Girls Club, Los Medanos College Foundation, Pittsburg Historical Society, Senior Outreach Services, or the United Way.
c.
2)
2.
The City shall, in all appropriate cases, implement a mandatory deduction from pay for all employees within the bargaining unit for AFSCME dues, agency fee or exemption donations; however, the City shall not be required to dismiss or otherwise discipline any bargaining unit member for failure to fulfill their obligations under agency shop. If after all other involuntary and insurance premium deductions are made in any pay period, including medical insurance, dental insurance, disability insurance, Social Security, Medicare, tax withholding, garnishment, judgment or governmental level, and the balance is not sufficient to pay the deduction of AFSCME dues, agency fee, or exemption donation required by this Section, then no such deduction shall be made for that current pay period.
3.
4.
The provisions of this Section shall not apply during periods that an employee is separated from the bargaining unit, but shall be reinstated upon the return of the employee to the bargaining unit. For the purpose of this Section, the term separation includes promotion, demotion, reclassification or transfer out of the bargaining unit, layoff, employment separation, and leave of absence without pay. These Agency Shop provisions are governed by and in accordance with Government Code Section 3502.5.
5. 3.2
Agency Shop Compliance 1. New Employees Upon request by AFSCME the City shall furnish AFSCME with copies of Employee Authorization for Payroll Deductions documents related to agency shop deductions executed by new employees. Within thirty (30) calendar days of hiring, the City shall provide the name of the new employee in this bargaining unit to AFSCME. 2. Current Employees a. An employee in a position covered by this Memorandum of Understanding shall be provided by AFSCME with an Employee Authorization for Payroll Deduction form. b. If the form authorizing payroll deduction is not returned to AFSCME within thirty (30) calendar days after receipt of notice of the Agency Shop provisions, then AFSCME may, in writing, direct that the City withhold the agency fee from the employees salary, in which case the employees pay shall be reduced by an amount equal to the agency fee and the City shall pay that amount withheld to AFSCME.
3.
Checkoff Information The City shall provide to AFSCME with each payroll deduction remittance the name of each employee and the amount deducted from the employees paycheck.
3.3
Hold Harmless AFSCME shall indemnify, defend, and save the City of Pittsburg, its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Section, or action taken or not taken by the City under this Section, and shall promptly reimburse the City for legal fees and costs incurred by the City in responding to or defending against any claims, disputes or challenges. This includes, but is not limited to, the Citys attorney fees and all costs and preparation time, to and including the reserved right of the City to select counsel of its own choice.
3.4
Bulletin Boards and Meeting Rooms AFSCME shall be permitted to post notices of official AFSCME business on existing bulletin boards. All materials posted on bulletin boards must be dated and must identify AFSCME as the publisher. AFSCME may, with prior approval of the City, be permitted to use City meeting rooms during non-work hours for meetings with represented employees, provided such space is available. The use of City equipment other than items normally used in the conduct of business meetings (such as desks, chairs, blackboards, etc.) is strictly prohibited.
3.5
Release Time The City agrees to provide an adequate and reasonable amount of release time for designated officers and representatives of AFSCME to conduct, with the City Managers or his/her designees approval, AFSCME business and to engage in meet and confer sessions with official representatives of the City. Optional Union Dues Deduction Throughout the course of each year, an employee may voluntarily elect to enroll or stop enrollment in an AFSCME voluntarily program called PEOPLE (Public Employees Organized to Promote Legislative Equality) and the City agrees to deduct such PEOPLE deductions from the employees after-tax earnings, provided the employee so requests such a payroll deduction.
3.6
4. City Rights The rights of the City, include but are not limited to, a) the exclusive right to determine the mission of its constituent departments, commissions, and boards; b) to set standards of service; c) determine the procedures and standards of selection for employment; d) to direct, discipline and discharge its employees in accordance with law and existing ordinances, rules and regulations; e) to relieve its employees from duty because of lack of work or for other lawful reasons; f) to determine the content of job classifications; g) to determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the performance thereof by subcontract; h) to administer the Citys personnel system; i) to maintain the efficiency of governmental operations; j) to take all necessary actions to carry out its mission in emergencies; k) to exercise complete control and discretion over its organization and the technology of performing its work; l) to determine methods of financing. In the event that the exercise of one or more of these rights results in an impact on wages, hours or other terms and conditions of employment, as defined in California Government Code Section 3505, the City shall meet and confer with the recognized employee organization(s). 5. Salaries Salary ranges for represented classifications shall be as set forth in Appendix B, which is attached hereto and made a part hereof. 4
A. B.
Effective July 7, 2013 the City shall provide a four percent (4%) increase to all salary steps within the unit. Effective the first pay period in Fiscal Year 2014/2015 (July 6, 2014) the City shall provide a one percent (1%) increase to all salary steps within the unit. Beginning July 7, 2013, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 15 and January 11 of each fiscal year, and shall consist of forty (40) hours time off during that time frame. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 7, 2013. The hours will be noted as a separate line item deduction on the employees paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit members existing base salary amount for City benefit accrual purposes. If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time).
C.
5.1
Potential One-Time Stipend1 If the City receives $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2013-2014, then the City will provide a one-time stipend to all employees within this unit. The stipend shall be provided in November 2014 based on the following schedule: One Time Revenues $200,000 to $250,000 $250,001 to $299,999 $300,000 to $350,000 $350,001 to $399,999 $400,000 to $450,000 $450,001 and above One Time Stipend 1% of Salary 1.5% of Salary 2% of Salary 2.5% of Salary 3% of Salary 3.5% of Salary
This proposal only applies to a two year agreement
If the employees within this unit do not receive a stipend in November 2014 equaling the maximum of 3.5% of their salary, then the balance of what they did not receive will be available for an additional potential one-time stipend in November 20152. This additional potential stipend will be calculated based on the same thresholds described in the chart above based on any unbudgeted onetime revenues received in Fiscal Year 2014-2015. Accordingly, the City must also receive a minimum of $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2014-2015 in order for employees to be potentially eligible for this additional stipend. If in Fiscal Year 2013-2014 onetime unbudgeted revenues are not sufficient to trigger any stipend, any one-time unbudgeted revenues that the City receives during Fiscal Year 2013-2014 shall be carried over to Fiscal Year 2014-2015 for the purposes of calculating the additional stipend3. In no event shall employees receive combined stipends that exceed 3.5% of salary. The City agrees to provide the Union with copies of Quarterly Reports for purposes of identifying one-time revenues the City receives. 5.1.1 Definition of One-Time Revenues Non-recurring General Fund revenues not already included in the Fiscal Year 2013-2014 approved budget fitting into one or more of these categories: (1) sales tax receipts of $200,000 or more associated with single large transactions not expected to recur4; (2) reimbursements for costs incurred in prior fiscal years; and (3) net proceeds from land sales. 6. 6.1 Benefits Medical Insurance The City will provide a medical insurance plan through Kaiser Permanente, and will make every reasonable effort to maintain a second option through a NonKaiser HMO plan that allows members to choose their physician based on that physicians ability to accept coverage through said plan. Additionally, the City will explore providing multiple co-pay options. Citys contribution toward Kaiser Permanente Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at:
For instance, if employees receive a stipend of 2% in November 2014, they will be eligible for an additional stipend in the amount of 1.5% of salary. If employees receive a stipend of 3.5% in November 2014, they shall not be eligible for this additional one-time stipend. 3 For instance, if the City receives $150,000 of unbudgeted one-time revenues in fiscal year 2013-2014, the City will only need to receive an additional $50,000 in Fiscal Year 2014-2015 in order for employees to become eligible for the 1% stipend in November 2015. If the City receives $200,000 or more in unbudgeted one-time revenues in Fiscal Year 2013-2014 no amount shall carry over. 4 Single large transactions are defined as those transactions that occur in a single quarter from a single source within a year and do not recur.
2
Employee only (single) Employee plus one (dual) Employee plus two or more (family)
$628.05 per month $1,256.14 per month $1,777.47 per month
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) Employee plus one (dual) $791.27 per month $1,582.51 per month 7
Employee plus two or more (family)
$2,239.27 per month
Citys contribution for regular part-time employees The Citys medical insurance premium contribution shall be pro-rated for represented part-time employees. 6.2 Retiree Medical Insurance A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below: 1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty (20) but fewer than twentyfive (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retirees spouse. Within the confines of Retiree Medical Insurance, the term full-time regular City service shall also include hourly service for those full-time employees who transitioned from hourly status to regular status during the period of 1994 through 1998. A retired employees spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the Citys offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee. The Citys contribution toward retiree health insurance, and the retiree and/or retirees spouses participation in the Citys offered retiree health insurance, shall end at the end of the month following the retired employees sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the Citys contribution toward the surviving spouses monthly premium shall continue until the end of the month following what would have been the retired employees sixty-fifth (65th) birthday. 8
2.
3.
4.
5.
6.
7.
Exclusions The benefits described above shall apply to all current and future retirees except for the following exclusions: a. b. c. d. e. Retirees who do not retire directly from City service; or Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or Retirees who fail to comply with any requirements as described in verifications; or Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement. Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or
8.
Verification Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility. Employees hired on or after January 1, 2012 will be provided an optional Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute $75 per month. Participation in the plan is not required by the employee; however employees will not be eligible for the matching City funds of seventy-five dollars ($75) per month absent the required employee contribution of seventy-five dollars ($75) per month. Employees hired before January 1, 2012 may opt to enroll in the Retirement Health Savings (RHS) plan at their own expense. No City funds will be contributed to the RHS plan for employees hired prior to January 1, 2012.
B.
C.
6.3
Dental Insurance The City shall maintain the existing dental insurance benefits throughout the term of this Agreement. The City shall contribute all dental insurance premiums on behalf of represented full-time employees and eligible dependents. The Citys dental insurance premium contribution shall be pro-rated for represented parttime employees. 9
6.4
Medical and/or Dental Alternative An employee eligible for the Citys sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, two-three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. An employee eligible for the Citys sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00). A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.
6.5
Life Insurance A regular full-time employee represented by the bargaining unit shall be insured under a group life insurance policy paid by the City in the amount of seventy-five thousand dollars and zero cents ($75,000.00). A regular part-time employee represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of twenty-five thousand dollars and zero cents ($25,000.00).
6.6
Long-Term Disability Insurance The City provides a long-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of fourteen thousand one hundred sixty-seven dollars and zero cents ($14,167.00) after a one hundred eighty (180) day waiting period, for disabilities occurring on or off the job. Flexible Benefits Plan The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee participation is on an optional basis. There is no City contribution toward this plan, although the City shall provide and pay all costs of administering the plan. State Disability Insurance The City participates in the State Disability Insurance program for employees represented by this bargaining unit. Deferred Compensation Effective July 1, 2007 the City will make a matching contribution to the 457 deferred compensation plan for participating regular full-time employees up to a 10
6.7
6.8
6.9
maximum of fifty dollars and zero cents ($50.00) per month. The City will make a matching contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of twenty-five dollars and zero cents ($25.00) per month. 6.10 Retirement All current and new employees will be covered by the Public Employees Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA). A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.
The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula: a. b. c. d. e. B. One Year Final Compensation (Section 20042) Annual Cost-of-Living Increase at 3% (Section 21335) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691) For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (3 year average) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula: a) b) c) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share. C. For all represented employees hired on or after January 1, 2013, who are considered new members under California Government Code Section 11
7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, new members shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs. 6.11 Social Security All employees shall have coverage under Federal Social Security in accordance with the provisions of law. This system requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government. Education Reimbursement When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of one hundred percent (100%) of tuition charges, fees, the cost of textbooks and supplies or two thousand four hundred dollars ($2,400), whichever is lower, each calendar year the employee is enrolled in approved training. Additionally, the City will reimburse fifty percent (50%) of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between two thousand four hundred dollars ($2,400) and three thousand dollars ($3,000). Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of C or better or in cases of courses offered as pass/fail, a grade of pass. Costs for education reimbursement come from each individual department budget. 6.13 Employee Assistance Program The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per year. Workers Compensation Employees are covered by Workers Compensation benefits pursuant to the statutes of the State of California. Over and above the workers compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California. Joint Labor-Management Committee The City and AFSCME agree to establish a joint Labor-Management Committee, whose purpose is to review and evaluate health insurance plan design (i.e., not premiums or employee/employer contributions). The committee shall begin in 12
6.12
6.14
6.15
March 2014 and will conclude its review in May 2015. Although not represented under this collective bargaining unit, the City shall invite other bargaining units to participate in this joint Labor-Management Committee with the parties intent that there is a single Labor-Management Committee with this defined purpose. If through the JLMC process the parties decide to move the employees in this unit into a health plan that has actual premium costs that fall below the City contribution amounts provided in 6.1, any amount below the applicable City contribution shall be provided to the employee in the form of a contribution to their Retirement Health Savings (RHS) plan or another vehicle agreed to by the parties. For example, if a new plan provides an actual 2015 Kaiser single party premium of $600 per month, any employee who selects that plan for January 2015 shall receive a contribution of $108.91 per month to their RHS plan. If on the other hand, the new plan provides a premium for 2015 Kaiser single party of $708.91 or greater, an employee shall receive no contribution towards their RHS plan for the selecting that medical plan option.
7. 7.1
Incentives and Differentials Uniform Allowance The annual uniform allowance will be two hundred forty dollars ($240) for Police Department employees required by the Chief of Police to wear a work uniform. The uniform allowance is payable twice a year with a regular paycheck, for the first pay period in June and the first pay period in December, representing payment for the prior six (6) month period. Employees not employed for the full six (6) month period will be entitled to a prorate share of the six (6) month allowance. The Chief of Police shall prescribe minimum standards of appearance for police department employees. Different standards may be applied to different classes, depending upon the type of work required of the employees. Employees shall be neatly groomed and suitably dressed for their duties, so that they present a favorable appearance to the public. If the City provides at City expense either a uniform allowance or uniforms, the Chief of Police shall ordinarily require the employee to wear the prescribed uniform on duty. The Chief of Police may require some employees who receive uniform allowances or who are furnished with uniforms, to wear other clothing on duty, either regularly or occasionally, if the needs of the department require it.
13
7.2
Working Out of Classification Department heads may, from time to time, because of vacancies, leaves of absence and other reasons, require an employee to work in a position which has a higher rate of pay than the employees regular position. Whenever such an assignment lasts longer than one (1) working day, the employees pay shall be adjusted for the second and subsequent days of such assignment. For the second and subsequent days, the employees pay shall be at that rate the employee would receive were he/she promoted to the higher paying position. This paragraph shall apply only to full-time substitution in a position, involving a temporary abandonment of the employees regular work. An employee specifically assigned by a department head on a temporary basis to perform a project which would normally be assigned to a higher classification shall receive five percent (5%) Project Assignment Pay; provided, however, such assignment will take at least forty (40) hours to complete and the City Manager authorizes such assignment. The Project Assignment Pay shall be provided during the duration of the project and shall be discontinued thereafter. The department head shall determine the duration of the project. Holidays, days off, and off duty and standby shifts shall not be considered as interrupting the consecutiveness of working out of classification. Every instance involving extra pay to an employee for working in a higher classification must have the approval of the City Manager.
7.3
Service Award A regular full-time employee shall receive in December, if currently employed, service award pay based upon his/her total years of continuous City service, based on the following timetable and amounts: Years of City Service 10 years 15 years 20 years 25 years 30 years 35 years 40 years 45 years Service Award Amount $200 $300 $400 $500 $600 $700 $800 $900
7.4
Shift Differential The City agrees to pay represented employees a shift differential of fifty-four cents ($0.54) per hour for working the hours of 5:00 p.m. to 7:00 a.m.; provided, however, that the employees regular working hours (and not a temporary work schedule, including overtime hours) include those hours included within the shift 14
differential and the employee works at least one (1) hour during the shift differential period. 7.5 Bilingual Pay Upon the recommendation of a department director and approval of the Director of Human Resources, an employee who, in the regular course of his/her employment and after successfully passing a City administered oral and written test, uses his/her Spanish bilingual proficiency for the benefit of the City, shall receive bilingual pay of fifty dollars ($50) per month. Vacation Vacation Accrual The vacation accrual rate for regular full-time employees shall be: Years of City Service 0-5 Years 6-10 years 11 years 12 years 13 years 14 years 15-19 years 20 and more years Accrual Rate Accrue 3.08 hours per pay period (10 days) Accrue 4.62 hours per pay period (15 days) Accrue 4.92 hours per pay period (16 days) Accrue 5.23 hours per pay period (17 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Accrue 6.15 hours per pay period (20 days) Accrue 7.69 hours per pay period (25 days)
8. 8.1
Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified full-time employee. 8.2 Use of Vacation Vacation shall be taken at such time as is mutually convenient for the department and the employee. 1. Maximum Accumulation The maximum accrual allowed is two hundred forty (240) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback. Double Compensation Prohibited Employees shall not work for the City during their vacation.
2.
15
a. 3.
Effective July 1, 2014 the maximum accrual allowed is two hundred and sixty (260) hours5.
When Scheduled The time at which an employee takes his/her vacation will be determined with due regard for the wishes of the employee, the date of application for a specific vacation period, the department seniority of employees, and with particular regard for the needs of the department.
8.3
Minimum Use Employees must use a minimum of forty (40) hours of vacation per year. Any exception to this section must be approved by the City Manager to be eligible for vacation buyback. Vacation Buyback Employees may receive vacation pay in lieu of paid time off. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that buyback will result in increased cost-effectiveness and efficiency to the City as determined by the City Manager. Employees are only eligible for one such approval in a twelve (12) month period and only one (1) buyback per fiscal year. Each vacation buyback shall be limited to a maximum of eighty (80) hours and will be at the employees regular rate of pay. Vacation hours bought back shall be paid at the employees normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the eighty (80) hour limit in urgent and/or emergency situations. Effective July 1, 2013 the total City-wide allocation for the buyback program will be $185,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $185,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceed $185,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,0006 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Managers approval, payment as noted
8.4
This proposed increase in accrual shall only be effective if the buyback program is reduced as described in Article 7.4 below. 6 Proposal is subject to agreement with all other represented units.
16
above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. 8.5 Holidays Falling During Vacations When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employees compensation for that day shall be holiday and shall not be paid or charged as vacation. Vacation Accrual for Transitioned Employees Accumulation for vacation benefits Employees who have transitioned from temporary status to regular employee status shall accrue vacation benefits based on their total years of service (since their most recent temporary employee hire anniversary). This benefit shall only apply for time spent in full-time temporary employment before their transition to regular appointment. Sick Leave Sick Leave Accrual All full-time regular employees shall accrue 3.69 hours sick leave per pay period (twelve days per year). All part-time regular employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each pay period exceed 3.69 hours. Employees may not borrow on unearned sick leave. No payment shall be made for accrued and unused sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to PERS service credit. 9.2 Personal Necessity Leave An employee may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from his/her work to attend to personal business that cannot be dispensed with during off duty time. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the employees department head. Personal necessity leave is considered use of sick leave.
8.6
9. 9.1
17
9.3
Sick Leave Incentive A full-time employee who uses no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation, with a maximum accrual during any one (1) year to be sixteen (16) hours. Holidays Full-Time Employee Holidays All regular full-time employees will be entitled to the following fifteen (15) holidays of eight hours each per year: Day/Date Holiday Name 1. January 1 New Years Day 2. Third Monday in January Martin Luther Kings Birthday 3. February 12 Lincolns Day 4. Third Monday in February Washingtons Day 5. March 31 Cesar Chavez Day 6. Last Monday in May Memorial Day 7. July 4 Independence Day 8. First Monday in September Labor Day 9. Second Monday in October Columbus Day 10. November 11 Veterans Day 11. Fourth Thursday in November Thanksgiving Day 12. Day following Thanksgiving 13. December 25 Christmas Day 14. Sixteen (16) hours of floating holiday An employee hired or promoted to a regular position after June 30th shall receive only eight (8) hours of floating holiday during the first calendar year of such regular position appointment. Holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling during the week will be observed on the actual day. In the case of an employee having regular days off other than Saturday and Sunday, said employee will be afforded eight (8) hours additional time off for each holiday which falls on his/her regular day off. Time for taking such holiday shall be scheduled at the discretion of the department head. Floating holidays must be taken during the calendar year in which earned or will be lost.
10. 10.1
10.2
Part-Time Employee Holidays All regular part-time employees will be paid on a pro-rated basis depending upon their designated hours of work, for the holidays defined above when such holiday 18
falls on a regularly scheduled work day. In the case of a regular part-time employee whose regular day off occurs on an observed holiday, the employee shall have the pro-rated basis holiday credited to his/her compensatory time off account. All regular part-time employees will receive a pro-rated number of floating holiday hours based on their designated hours of work, and such hours shall be based on the total floating holidays defined above. 10.3 Work Performed on Holidays An employee who is eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive straight time pay for all hours worked on the holiday and shall have eight hours holiday credited to his/her compensatory time off balance. (Normal overtime provisions as outlined within this agreement still apply.) An employee who is not eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive his/her regular pay for time worked on the holiday and shall have eight hours holiday credited to his/her administrative leave account and said hours shall be used by December 31st of the year credited, otherwise the hours shall be forfeited. 11. 11.1 Catastrophic Leave Purpose of Catastrophic Leave The Catastrophic Leave Program is designed to assist regular employees, regardless of bargaining unit representation, who have exhausted paid time credits due to the employees or immediate family members serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury. Catastrophic Leave Definitions 1. Catastrophic Illness or Injury A medically certified illness, injury, impairment, physical or mental condition of the employee or the employees immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more. 2. 3. Leave to be donated Vacation or sick leave. For purposes of the Catastrophic Leave program, the term immediate family member shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in-law. 19
11.2
11.3
Catastrophic Leave Eligibility 1. 2. 11.3.1 Donors Only regular employees are eligible to donate accrued vacation or sick leave. Donating employees may not reduce their balance of earned vacation below forty (40) hours or sick leave below forty (40) hours by reason of such donation.
11.3.2 Recipients 1. Only regular employees may participate in the Catastrophic Leave program. 2. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human Resources Department with the application. All accumulated time, sick leave, vacation time, compensatory time, and other available paid time off balances must have been exhausted. A request for leave of absence without pay for medical reasons has been submitted and approved. Request for participation in the program shall be made on an application for Catastrophic Leave Program form, available from the Human Resources Department.
3. 4. 5.
11.4
Catastrophic Leave Procedures 1. Donations must be a minimum of one (1) day at a time and submitted on the appropriate donation form. 2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employees sick leave balance on a hour-forhour basis and shall be paid at the rate of pay of the recipient employee. Donations, once made, are irrevocable. Any period of donated leave may be counted as Family and Medical Leave time. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months. Verification of catastrophic illness must be submitted by a licensed physician to the Human Resources Department. 20
3. 4. 5. 6.
7. 8.
Employees are eligible for this benefit only once during their employment with the City. Employees must have accumulated a minimum of one hundred twenty (120) hours of sick leave or eighty (80) hours of vacation time before a donation can be made.
12.
Bereavement Leave Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half-brothers, halfsisters, fathers-in-law, and mothers-in-law. Time off for funerals may be taken only within five (5) calendar days before and after the date of the actual funeral or service. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members of the employee not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave.
13. 13.1
Probationary Period Objective of the Probationary Period The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employees work, for securing the most effective adjustment of a new employee to his/her position, and for releasing any probationary employee whose performance in the opinion of the City Manager, City Managers designee, and/or appointing authority does not meet the required standards of work. Nothing in this policy is intended to limit the reasons for which an employee may be released during the probationary period. Release of an employee during the probationary period may be with or without cause and with or without prior notice to the employee. Probationary Period All original and promotional appointments to a regular position, excluding at-will employees, shall be tentative and subject to a probationary period of twelve (12) months of active duty from the date of probationary appointment or promotion. Days absent without pay during the probationary period shall extend the probationary period by the same number of days so as to result in a probationary period of active working duty for the required twelve (12) months of active duty. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the same position into which 21
13.2
transferring, provided the employee has completed the employees probationary period in the classification at the time of transfer. During the probationary period, the employee may be released at any time by the City Manager, City Managers designee, and/or appointing authority with or without cause and with or without prior notice. An employee released during the probationary period has no right to appeal or grieve the release. The probationary period may exceed twelve (12) months of active duty when the extension is by mutual agreement between the probationer, appointing authority, and (if not the appointing authority) the City Manager. The probationary period shall not exceed eighteen (18) months of active duty. 13.3 Promotional Probationary Period An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. Layoff, Reassignment, & Reinstatement Layoff Policy Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it necessary to abolish any position of employment, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and with the limited right of appeal described exclusively below. Notification When enacting layoffs the City Manager shall: a) notify the impacted employees and the Union of such layoff(s); b) provide a copy of the seniority list to the Union used to rank the affected employees; and c) offer to meet and confer with the Union regarding the impact of the layoff(s) An employee being laid off shall be given at least fourteen (14) days prior notice, with a copy of layoff notice mailed to the Union. 14.3 Order of Layoff In each class, employees shall be laid off according to employment status in the following order: provisional, temporary (formerly referred to as seasonal), regular part-time, probationary full-time, and regular full-time. In this article, probationary status means the probationary period required upon the initial employment with the City leading to a regular position.
14. 14.1
14.2
22
14.4
Seniority, Vacancy and Demotion Whenever there is a layoff, the City Manager shall first demote an employee (based upon seniority within the class at the City of Pittsburg) to a regular position vacancy, if any, in a lower class for which the employee previously held. All persons so demoted shall have their names placed on a reinstatement list for a period of one year. Upon layoff, regular employees have the right to retreat to a lower class in accordance with this layoff policy. In order to retreat to a lower class an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Services Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. For the purposes of this layoff, seniority shall be defined as an employees tenure in a position. When an employee retreats to a lower class seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time and regular part-time service. In this article, length of service for regular part-time employment is calculated on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority.
14.5
Limited Appeal to the City Manager An employee who is laid off or demoted because of a layoff may file an appeal to the City Manager within four (4) days following receipt of the layoff. Said appeal shall be limited to the sole issue of whether the layoff was properly applied, whether the layoff or retreat to a lower class is a pretext for discipline, and/or whether the decision to layoff or demote the employee because of a layoff was based on malfeasance. Said appeal request shall be delivered in person or with a minimum of United States Postal Service (USPS) delivery confirmation to the Human Resources Director, who shall promptly schedule the matter with the City Manager or City Managers designee so that the employee will have the opportunity to present his/her side of the layoff and/or demotion. The City Manager or designee shall render a written decision within five (5) days of the appeal meeting and may affirm, reverse, or modify the initial decision. The decision of the City Manager or City Managers designee shall be final. Reinstatement List The names of all regular and probationary employees laid off, demoted or displaced as a result of layoff, shall be placed on a reinstatement list for the classification from which the employee has been removed; said reinstatement list shall remain in effective for twelve (12) months, unless exhausted sooner. Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees. 23
14.6
14.7
Removal of Names from Reinstatement List Failure to promptly respond to and accept a reinstatement offer within fourteen (14) days of the date the offer was hand-delivered or mailed with a minimum of USPS delivery confirmation to the individuals last known address shall result in removal from the reinstatement list. Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class.
14.8
Reinstatement A former employee appointed from a reinstatement list shall have the following benefits restored: 1. 2. Accrued but unused sick leave. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).
15. 15.1
Disciplinary Action Disciplinary Action Supervisors shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to a written reprimand. In emergency situations supervisors may relieve employees of their duties, pending further action by a department head. Department Heads shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to dismissal from employment. The City Manager shall be vested with the powers to discipline employees, and for cause, may discipline up to dismissal from employment. Any proposed disciplinary action greater than a written reprimand requires prior consultation with the Human Resources Director. The employee shall have the right to request another employee or bargaining unit representative be present when the employee is called into a meeting that he/she reasonably believes could result in disciplinary action, or where the purpose of the meeting is to propose or impose discipline, or where the purpose of the meeting is to appeal disciplinary action as provided within this section. Once the employee has designated a representative, all subsequent correspondence shall be sent to the representative at the same time the correspondence is sent to the employee. 24
Any employee disciplined shall be immediately notified in writing of such charges or actions, by U.S. Postal Service mail (with at least mail delivery confirmation) or delivery in person. Any employee aggrieved by such action may utilize the Disciplinary Action Appeal Procedure as hereinafter set forth, as a means of appeal from such by the City. Any time limit described in the appeal procedures may be extended only by mutual agreement in writing. Failure by the employee or the employees representative to initiate or appeal within the prescribed time limits shall waive the right of the employee and the employees representative from appealing the discipline. In the case of an appeal, the Citys last answer shall be final and conclusive. The failure of the City to respond to an appeal within the prescribed time limits shall be cause for the employee to automatically appeal the discipline to the next step. 15.2 Disciplinary Action Appeal Procedure for Written Reprimands For all employees, written reprimands may be appealed to the City Manager within seven (7) days of receipt of disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The decision of the City Manager or designee shall be final and conclusive. In the event the City Manager issued the written reprimand, then opportunity to utilize the City Manager Appeal shall still apply.
15.3
Disciplinary Action Appeal Procedure for Non-Written Reprimands No disciplinary action against an employee, excluding probationary and other atwill employees, shall be imposed unless such action is recommended by the City in a Notice of Proposed Disciplinary Action delivered to the employee either personally or by U.S. Postal Service mail (with at least mail delivery confirmation) and shall contain the following: 15.3.1 Notice of Proposed Disciplinary Action 1. A statement of the action proposed to be taken; 2. 3. 4. A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule shall be included with the notice; A copy of materials upon which the proposed action is based; 25
5.
A statement that the employee has seven (7) days to respond to the author of the Notice either orally or in writing.
The employee or designated representative, upon whom a Notice of Proposed Disciplinary Action has been served, shall have seven (7) days to respond to the author of the Notice orally or in writing before the proposed action may be taken. Upon application and for good cause, the author of the Notice may extend in writing the period to respond. If the employees or designated representatives response is not timely filed, or the employee or designated representative has not requested an extension, the right to respond is lost. 15.3.2 Notice of Discipline After the employee or designated representative has responded to the Notice of Proposed Disciplinary Action, or the time to respond has passed, and if the author of the Notice still determines that discipline is appropriate, then the employee shall be provided with a Notice of Discipline. The Notice of Discipline shall include the following: 1. 2. 3. A statement of the action to be taken and the effective date; A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule or regulation shall be included with the Notice of Discipline or a statement shall be included that copies of said rule or regulation have already been provided to the employee with the Notice of Proposed Disciplinary Action; A copy of materials upon which the action is based or a statement that such materials have already been provided to the employee; A statement addressing the responses to the charges by the employee or designated representative, if any; and Notification to the employee of his/her right to appeal the imposed discipline.
4. 5. 6.
15.3.3 City Manager Appeal Disciplinary actions may be appealed to the City Manager within seven (7) days of receipt of the disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The Union may appeal the City Managers or designees decision to an arbitrator. 26
In the event the disciplined employee directly reports to the City Manager, or the City Manager issued the written reprimand, or the City Manager initiated the disciplinary action as described within this chapter, then the City Manager Appeal shall be heard by the City Attorney. 15.3.4 Non-Binding Mediation Nothing precludes the parties from engaging in non-binding, confidential mediation before arbitration. However, mediation will occur upon the parties mutual agreement. Within seven (7) days of the receipt of the City Managers or designees decision the Union may request that the matter is referred to mediation. The parties will select a mediator, or if agreement on a mediator cannot be reached, the Union will request a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The parties shall strike names from the provided list in the same fashion as described for arbitration. The parties shall sign binding confidentiality agreements. Everything discussed during mediation shall remain confidential and no part of the mediation, including statements, documents, and information from the parties, the mediator, and any other participants, can be used or referenced during any subsequent proceedings. The costs, if any, for the mediators services shall be divided equally between the City and the Union. The City and Union shall each be fully responsible for their own costs and expenses associated with presenting and defending their own case during mediation. 15.3.5 Arbitrator The City Managers or designees decision may be appealed to an arbitrator by the Union within seven (7) days of receipt of the decision by the Union. The arbitrator shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The method of selection from said list shall consist of the following process: After a toss of coin to decide which party shall move first, a representative of the City and the Union shall alternatively strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. The procedure shall be followed until there is an available arbitrator. The costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the Union. The City and the Union each shall be fully responsible for their own costs and expenses associated with presenting and defending their own case. 27
In the event the employee is not represented by the Union, then the costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the employee. The City and the employee each shall be responsible for their own expenses associated with presenting and defending their own case. When an arbitrator has been selected, the City, Union and arbitrator shall begin the arbitration as expeditiously as possible, but not later than seventy-two (72) days from the selection of the arbitrator. The arbitrator shall be governed by the Code of Civil Procedure, Sections 1280 1284.2 in the conduct of the arbitration, unless any provision of this section conflicts, in which case this section shall govern. The arbitration shall be closed to the public unless the employee requests in writing a public hearing prior to the time of the hearing. The arbitrator shall be governed by Government Code Section 6250 et seq. and other pertinent provisions of law with respect to the discovery of confidential records, files and memoranda. The arbitrator may modify or revoke a disciplinary action where just cause for the discipline impose has not been shown or where a violation or omission of procedure for disciplinary action was made in which resulted in substantial prejudice to the employee. The arbitrator shall be without power or authority to make any decision which is prohibited by law or is in violation of the terms of this Memorandum of Understanding. The arbitrator shall not add to, subtract from, disregard, alter or modify any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall: 1. 2. 3. 16. Be made in writing within thirty (30) days of the close of the hearing and mailed to the City Manager, City Attorney, and Union; and Be final and binding upon all parties; and Recite the basis for the arbitrators decision.
Grievances
28
16.1
Grievance Definition A grievance is any dispute which involves the claimed violation, the (mis)interpretation or (mis)application of the collective bargaining agreement, Personnel Rules, or department rules and regulations, resolutions, or ordinances. A grievant may be an employee, or any group of employees, or a represented bargaining unit. Disciplinary actions and performance evaluations are not grievable. Grievance Procedure A grievance shall be processed in the following manner: Step 1. Within fourteen (14) days of the event or discovery of the event giving rise to the grievance, the grievant will discuss the grievance verbally with the grievants immediate supervisor. For good and sufficient reason, the grievant may initiate the grievance at Step 2. The grievant will clearly state that a grievance is being initiated, and the parties will discuss the matter and attempt to resolve the grievance. Step 2. If the grievance is not resolved in Step 1, the grievance shall be reduced to writing and presented to the department head within twenty-eight (28) days of the event or discovery of the event giving rise to the grievance. The written grievance shall contain the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. name of grievant(s) class title(s) department mailing address(es) a clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices) the date(s) on which the event(s) giving rise to the grievance occurred a proposed solution to the grievance the date of execution of the grievance form the signature of the grievant(s) the signature of the bargaining unit representative, if such a representative is representing the grievant(s) 29
16.2
11.
the date of the discussion meeting in Step 1 and the name of the supervisor involved
The department head will investigate the grievance and confer with the grievant(s) in an attempt to resolve the grievance. The department head will issue his/her decision regarding the grievance in writing within fourteen (14) days of receipt of the written grievance. Step 3. If the grievance is not resolved by the department heads decision in Step 2, the grievant(s) may appeal the written grievance to the City Manager or designee (other than the supervisor and/or department head involved) within fourteen (14) days of receipt of the department heads decision in Step 2. The City Manager or designee will investigate the grievance, confer with persons affected and their representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision. Step 4. Nothing precludes the parties from engaging in non-binding, confidential mediation before arbitration. However, mediation will occur upon the parties mutual agreement. Within seven (7) days of the receipt of the City Managers or designees decision the Union may request that the matter is referred to mediation. The parties will select a mediator, or if agreement on a mediator cannot be reached, the Union will request a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The parties shall strike names from the provided list in the same fashion as described for arbitration. The parties shall sign binding confidentiality agreements. Everything discussed during mediation shall remain confidential and no part of the mediation, including statements, documents, and information from the parties, the mediator, and any other participants, can be used or referenced during any subsequent proceedings. The costs, if any, for the mediators services shall be divided equally between the City and the Union. The City and Union shall each be fully responsible for their own costs and expenses associated with presenting and defending their own case during mediation. In the event the grievant disagrees with the decision of the City Manager or designee, the complainant shall have the opportunity to lodge a request for review by the City Council within seven (7) days of receipt of the City Managers or designees decision. The City Council shall conduct a review of the City Managers decision with the authority to either affirm, reverse, or modify the City Managers or designees decision. 30
16.3
General Conditions of Grievances 1. The Human Resources Director will act as a central repository for all grievance records of Step 2 and beyond. 2. 3. Any time limit may be extended only by mutual agreement in writing. An aggrieved employee may be represented by another individual at any stage of the proceedings at his/her request. Both employee and representative (if employed by City) will be entitled to attend proceedings without loss of compensation, should such proceeding conflict with employees and/or representatives normal working hours. Proposals to add to or change the Personnel Rules shall not be considered under this section, and no proposal to modify, amend, or terminate any Memorandum of Understanding between the City and a collective bargaining unit may be considered under this section. Failure by the grievant or grievants representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievants representative, and the grievants collective bargaining unit (if any) to initiate or appeal a grievance. In the case of an appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance. Failure of the City to respond to a grievance within the prescribed time limits shall be cause for the grieving party to automatically move the grievance to the next step. In the event the grievant directly reports to the City Manager, then the step 3 appeal of the written grievance shall be heard by the City Attorney who shall investigate the grievance, confer with persons affected and their representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision.
4.
5.
6.
17. 17.1
Overtime Standard Workweek and Workday The normal workweek for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day and/or normal workweek, then said employee shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate for all such overtime performed by said employee on behalf of the City. The City shall treat all paid time, such as but not limited to vacation, sick leave, holidays, and compensatory time off, as hours worked for the purpose of calculating overtime compensation. 31
Flexible schedules (e.g., 4/10, 9/80) may be approved by the City Manager upon the recommendation with justification of the department director. In evaluating proposed flexible schedules, the City Managers evaluation criteria will include, but not limited to: continuation and continuity of delivery of service to the public; impact, both positively and negatively, in overall customer service delivery; impact on other City operations; cost impact, including impact on overtime costs; the incumbent employees current and prior performance; effect, positively and negatively, on all lost time categories including workers compensation; clear evaluation criteria pertinent to each department affecting a flexible schedule.
The City Manager may also impose flexible schedules, with or without the consent of department directors. All flexible schedules are subject to the continuing approval of the City Manager who, with three (3) calendar days notice, may modify, terminate, or otherwise change the flexible schedule. The approval, change, or denial of a flexible schedule is not subject to any appeal or grievance. 17.2 Minimum Reportable Periods Minimum reportable periods of overtime shall be fifteen (15) minutes, except when an employee is called out from home for an isolated period of duty, in which case the minimum reportable period shall be two (2) hours. Compensatory Time Off Notwithstanding any provisions hereunder contrary, department heads or designees shall be allowed to grant compensatory time off on a time and one-half (1-1/2) basis subject to the following: 1. At the time of the overtime assignment, the employee shall make his/her election to be paid for said time or have said overtime entered into a compensatory time off account Once overtime is so entered, it cannot be exchanged for pay. No more than two hundred forty (240) hours of compensatory time off can be accumulated and maintained on the employees account at any one time. In determining capability of taking compensatory time off at a given time, due regard shall be given to: a. the wishes of the employee; 32
17.3
2.
3.
b. c.
date of application for specific time off; and seniority (in the event of multiple requests).
18. Severability If any provision of this Memorandum of Understanding should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of invalidation of any provision, the City and AFSCME agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation. 19. Full Understanding Except as otherwise specifically provided herein, the parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding all matters contained in this Agreement. It is agreed further, that neither party shall be required to meet and confer with respect to any subject or matter contained herein during the term of this Memorandum of Understanding, except regarding the interpretation of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from meeting and conferring during the term of this Agreement upon the mutual agreement of the parties to do so. Mutually agreed upon amendments to this Memorandum of Understanding shall be in writing and must be approved by the City Council. 20. Past Practices The continuation of working conditions and past practices not specifically contained in this Memorandum of Understanding is not guaranteed by this Agreement. Nonetheless, this is the first comprehensive Memorandum of Understanding to be negotiated between the City and AFSCME and the parties recognize that certain existing working conditions and/or past practices may have been overlooked during the negotiation of this Agreement. If, during the first one hundred eighty (180) calendar days following final approval by the City Council, either party identifies what it believes to be a working condition or a past beneficial practice that was overlooked, the parties shall meet and confer regarding such working condition or past practice. If it is mutually agreed that the practice or working condition did exist and it was overlooked, the parties will amend this Memorandum of Understanding accordingly. If the parties are unable to agree, the dispute will be resolved pursuant to the Citys established impasse resolution procedures. ENTERED INTO THIS _____ DAY OF ____________________, 2013 33
AFSCME (Miscellaneous A Unit)
CITY OF PITTSBURG
By_________________________ Felix Huerta, Business Agent
By_____________________________ Joe Sbranti, City Manager
By_________________________ Nubia Ortiz, Misc. A
34
Appendix A Classifications within the Miscellaneous A bargaining unit: Account Clerk Accounting Technician Administrative Assistant Combination Building Inspector Community Services Specialist Customer Service Specialist Engineering Technician I/II Environmental Health Specialist Housing Inspector Housing Specialist Lead Police Records Clerk Office Assistant Permit Technician Police Records Clerk Property and Evidence Coordinator Records Technician Recreation Coordinator
35
Appendix B 1. The current monthly salary ranges for employees in each classification is: Step A Step B Step C Step D 2998 3148 3305 3470 3470 3643 3825 4016 4016 4217 4428 4649 2992 3142 3299 3464 3464 3637 3819 4010 5257 5520 5796 6086 4179 4388 4607 4837 2719 2855 2998 3148 4390 4609 4839 5081 5081 5335 5602 5882 5032 5284 5548 5825 4433 4655 4888 5132 3948 4145 4352 4570 4210 4421 4642 4874 2719 2855 2998 3148 4235 4447 4669 4902 3142 3299 3464 3637 3637 3819 4010 4210 4835 5077 5331 5598 4130 4336 4553 4781 4074 4278 4492 4717 Step E 3643 4217 4881 3637 4211 6390 5079 3305 5335 6176 6116 5389 4798 5118 3305 5147 3819 4421 5878 5020 4953
Classification Account Clerk, part 1 of 2 Account Clerk, part 2 of 2 Accounting Technician Administrative Assistant, part 1 of 2 Administrative Assistant, part 2 of 2 Combination Building Inspector Community Services Specialist Customer Service Specialist Engineering Technician I Engineering Technician II Environmental Health Specialist Housing Inspector Housing Specialist Lead Police Records Clerk Office Assistant Permit Technician Police Records Clerk, part 1 of 2 Police Records Clerk, part 2 of 2 Property and Evidence Coordinator Records Technician Recreation Coordinator
36
Memorandum of Understanding Between the City of Pittsburg and the American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Management/Professional/Confidential Unit
Preamble ........................................................................................................................ 1 1. Union Recognition .................................................................................................. 1 2. Term ......................................................................................................................... 1 3. Association Security .............................................................................................. 2 3.1 3.2 3.3 3.4 3.5 3.6 Association Membership ................................................................................. 2 Dues Deduction ................................................................................................ 2 Hold Harmless .................................................................................................. 2 Bulletin Boards and Meeting Rooms .............................................................. 3 Release Time .................................................................................................... 3 Optional Union Dues Deduction ..................................................................... 3
4. City Rights ............................................................................................................... 3 5. Salaries .................................................................................................................... 4 5.1 Potential One-Time Stipend ............................................................................ 4 Definition of One-Time Revenues ............................................................ 5
5.1.1
6. Benefits ................................................................................................................... 5 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 Medical Insurance ............................................................................................ 5 Retiree Medical Insurance ............................................................................... 7 Dental Insurance .............................................................................................. 8 Medical and/or Dental Alternative ................................................................... 9 Life Insurance ................................................................................................... 9 Long-Term Disability Insurance...................................................................... 9 Flexible Benefits Plan ...................................................................................... 9 State Disability Insurance................................................................................ 9 Deferred Compensation................................................................................... 9
6.10 Retirement ...................................................................................................... 10
6.11 Social Security ............................................................................................... 11 6.12 Education Reimbursement ............................................................................ 11 6.13 Employee Assistance Program..................................................................... 11 6.14 Workers Compensation ................................................................................ 11 6.15 Safety Shoes................................................................................................... 11 6.16 Automobile Allowance ................................................................................... 12 6.17 Joint Labor-Management Committee ........................................................... 12 7. Incentives and Differentials ................................................................................. 12 7.1 7.2 7.3 7.4 Uniform Allowance......................................................................................... 12 Working Out of Classification ....................................................................... 13 Service Award ................................................................................................ 13 Professional Certifications ............................................................................ 14 Professional Engineer Certification ....................................................... 14 American Institute of Certified Planners Certification.......................... 14 California Water Distribution Certification ............................................ 14
7.4.1 7.4.2 7.4.3 7.5 7.6 7.7
Water Plant Education Incentive ................................................................... 14 Standby Pay.................................................................................................... 14 Bilingual Pay................................................................................................... 14
8. Vacation ................................................................................................................. 15 8.1 8.2 8.3 8.4 8.5 8.6 Vacation Accrual ............................................................................................ 15 Use of Vacation .............................................................................................. 15 Minimum Use .................................................................................................. 16 Vacation Buyback .......................................................................................... 16 Holidays Falling During Vacations ............................................................... 16 Vacation Accrual for Transitioned Employees ............................................ 17
9. Sick Leave ............................................................................................................. 17 9.1 9.2 9.3 10. Sick Leave Accrual ........................................................................................ 17 Personal Necessity Leave ............................................................................. 17 Sick Leave Incentive ...................................................................................... 17 Holidays ............................................................................................................. 17
10.1 Full-Time Employee Holidays ....................................................................... 17 10.2 Part-Time Employee Holidays ....................................................................... 18 10.3 Work Performed on Holidays ........................................................................ 18 11. Catastrophic Leave ........................................................................................... 19
11.1 Purpose of Catastrophic Leave .................................................................... 19 11.2 Catastrophic Leave Definitions..................................................................... 19 11.3 Catastrophic Leave Eligibility ....................................................................... 19 11.3.1 11.3.2 Donors ..................................................................................................... 19 Recipients ............................................................................................... 19
11.4 Catastrophic Leave Procedures ................................................................... 20 12. 13. Bereavement Leave ........................................................................................... 20 Probationary Period .......................................................................................... 21
13.1 Objective of the Probationary Period ........................................................... 21 13.2 Probationary Period ....................................................................................... 21 13.3 Promotional Probationary Period ................................................................. 22 14. Layoff.................................................................................................................. 22
14.1 Layoff Policy ................................................................................................... 22 14.2 Notification ..................................................................................................... 22 14.3 Order of Layoff ............................................................................................... 22 14.4 Seniority, Vacancy and Demotion ................................................................ 22 14.5 Limited Appeal to the City Manager ............................................................. 23 14.6 Reinstatement List ......................................................................................... 23 14.7 Removal of Names from Reinstatement List ............................................... 23 14.8 Reinstatement ................................................................................................ 23 15. Disciplinary Action ......................................................................................... 24
15.1 Disciplinary Action ......................................................................................... 24 15.2 Disciplinary Action Appeal Procedure for Written Reprimands ................ 25 15.3 Disciplinary Action Appeal Procedure for Non-Written Reprimands ........ 25 15.3.1 15.3.2 Notice of Proposed Disciplinary Action ............................................... 25 Notice of Discipline ................................................................................ 25
15.3.3 15.3.4 15.3.5 16.
City Manager Appeal .............................................................................. 26 Non-Binding Mediation .......................................................................... 26 Arbitrator ................................................................................................. 27
Grievances ......................................................................................................... 28
16.1 Grievance Definition ...................................................................................... 28 16.2 Grievance Procedure ..................................................................................... 28 16.3 General Conditions of Grievances ............................................................... 30 17. Overtime ............................................................................................................. 30
17.1 Standard Workweek and Workday ............................................................... 30 17.2 Overtime Provisions for FLSA Non-Exempt Employees ............................ 31 17.3 Compensatory Time Off for FLSA Non-Exempt Employees....................... 31 17.4 FLSA Exempt .................................................................................................. 32 18. 19. 20. 21. Administrative Leave ........................................................................................ 32 Severability ........................................................................................................ 32 Full Understanding ............................................................................................ 33 Past Practices .................................................................................................... 33
APPENDIX A ................................................................................................................ 34 APPENDIX B ................................................................................................................ 35
Memorandum of Understanding Between the City of Pittsburg and the American Federation of State, County, and Municipal Employees (AFSCME), Local 512, AFL-CIO Management/Professional/Confidential Unit Preamble Representatives of the American Federation of State, County, and Municipal Employees (AFSCME) Local 512 Management/Professional/Confidential Unit and the City of Pittsburg have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment, have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. The legal relationship between the City of Pittsburg (City), its employees, and the American Federation of State, County, and Municipal Employees Local 512 Management/Professional/Confidential Unit (Union) is governed by the Meyers-MiliasBrown Act (California Government Code sections 3500, et seq.), the City Municipal Code, the City Personnel Rules and Regulations, and this Memorandum of Understanding. Whenever this Memorandum of Understanding contains a provision relating to the subject matter which is also referred to in the Personnel Rules and Regulations or any other city ordinance, the provisions of this Memorandum of Understanding shall prevail. This Memorandum of Understanding shall be presented to the City Council of the City of Pittsburg as the joint recommendation of the undersigned parties for the term set forth hereinafter. 1. Union Recognition The City recognizes the Union as the exclusively recognized employee organization of the Management/Professional/Confidential bargaining unit in accordance with California Government Code Section 3500 et seq. and the Pittsburg Municipal Code Chapter 2.53 for those classifications which are listed in Appendix A. 2. Term This Memorandum of Understanding shall be in effective July 1, 2013 except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth, and shall remain in full force and effect to and including June 30, 2015 and shall continue thereafter from year to year unless during the thirty (30) day period beginning February 15, 2015 or February 15 of any subsequent year either party has delivered written notice to the other of its desire to amend, modify, or terminate this Memorandum of Understanding. Unless mutually agreed to otherwise, negotiations for a successor Memorandum of Understanding shall begin no later than thirty (30) days subsequent to the delivery of such notification.
3. 3.1
Association Security Association Membership Consistent with California Government Code Section 3500 et. seq. and the provisions of the Citys Employer-Employee Organization Relations Ordinance, employees shall have the right to form, join and participate in the activities of a recognized employee organization, free from interference and discrimination, for the purpose of representation on all matters of employer-employee relations. Employees covered by this Memorandum of Understanding may, at their own choosing, be members of AFSCME. Employees covered by this Memorandum of Understanding shall not, as a condition of employment, be required to be members of the MPC. AFSCME shall be entitled to have regular dues and other authorized deductions of its members deducted from their paychecks in accordance with the procedures set forth herein.
3.2
Dues Deduction The City shall, in all appropriate cases, implement a voluntary deduction from pay for all employees within the bargaining unit for AFSCME dues. If after an employees involuntary and insurance premium deductions are made in any pay period, including medical insurance, dental insurance, Social Security, Medicare, tax withholding, garnishment, judgment or governmental level, and the balance is not sufficient to pay the deduction of AFSCME dues, then no such deduction shall be made for that current pay period. Employee shall be entitled to have dues deducted by filling out and signing the dues deduction form. Any employee signing said authorization form shall not revoke the authorization except during the month of June of each year of this Agreement. Revocation during said period shall be by a written signed statement from the employee.
3.3
Hold Harmless AFSCME shall indemnify, defend, and save the City of Pittsburg, its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of action taken or not taken by the City regarding Association Membership and/or Dues Deduction. AFSCME shall reimburse the City for legal fees and costs incurred by the City in responding to or defending against such claims, disputes or challenges. This includes, but is not limited to, the Citys attorney fees and all costs and preparation time, to and including the reserved right of the City to select counsel of its own choice.
3.4
Bulletin Boards and Meeting Rooms AFSCME shall be permitted to post notices of official AFSCME business on existing bulletin boards. All materials posted on bulletin boards must be dated and must identify AFSCME as the publisher. AFSCME may, with prior approval of the City, be permitted to use City meeting rooms during non-work hours for meetings with represented employees, provided such space is available. The use of City equipment other than items normally used in the conduct of business meetings (such as desks, chairs, blackboards, etc.) is strictly prohibited.
3.5
Release Time The City agrees to provide an adequate and reasonable amount of release time for designated officers and representatives of AFSCME to conduct, with the City Managers or his/her designees approval, MPC business and to engage in meet and confer sessions with official representatives of the City. Optional Union Dues Deduction Throughout the course of each year, an employee may voluntarily elect to enroll or stop enrollment in an AFSCME voluntary program called PEOPLE (Public Employees Organized to Promote Legislative Equality) and the City agrees to deduct such PEOPLE deductions from the employees after-tax earnings, provided the employee so requests such a payroll deduction.
3.6
4. City Rights The rights of the City, include but are not limited to, a) the exclusive right to determine the mission of its constituent departments, commissions, and boards; b) to set standards of service; c) determine the procedures and standards of selection for employment; d) to direct, discipline and discharge its employees in accordance with law and existing ordinances, rules and regulations; e) to relieve its employees from duty because of lack of work or for other lawful reasons; f) to determine the content of job classifications; g) to determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the performance thereof by subcontract; h) to administer the Citys personnel system; i) to maintain the efficiency of governmental operations; j) to take all necessary actions to carry out its mission in emergencies; k) to exercise complete control and discretion over its organization and the technology of performing its work; l) to determine methods of financing. In the event that the exercise of one or more of these rights results in an impact on wages, hours or other terms and conditions of employment, as defined in California Government Code Section 3505, the City shall meet and confer with the recognized employee organization(s).
5. Salaries Salary ranges for represented classifications shall be as set forth in Appendix B, which is attached hereto and made a part hereof. A. B. Effective July 7, 2013 the City shall provide a four percent (4%) increase to all salary steps within the unit. Effective the first pay period in Fiscal Year 2014/2015 (July 6, 2014) the City shall provide a one percent (1%) increase to all salary steps within the unit. Beginning July 7, 2013, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 15 and January 11 of each fiscal year, and shall consist of forty (40) hours time off during that time frame. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 7, 2013. The hours will be noted as a separate line item deduction on the employees paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit members existing base salary amount for City benefit accrual purposes. If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time). 5.1 Potential One-Time Stipend1 If the City receives $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2013-2014, then the City will provide a one-time stipend to all employees within this unit. The stipend shall be provided in November 2014 based on the following schedule: One Time Revenues $200,000 to $250,000 $250,001 to $299,999 $300,000 to $350,000 $350,001 to $399,999 $400,000 to $450,000
1
C.
One Time Stipend 1% of Salary 1.5% of Salary 2% of Salary 2.5% of Salary 3% of Salary
This proposal only applies to a two year agreement
$450,001 and above
3.5% of Salary
If the employees within this unit do not receive a stipend in November 2014 equaling the maximum of 3.5% of their salary, then the balance of what they did not receive will be available for an additional potential one-time stipend in November 20152. This additional potential stipend will be calculated based on the same thresholds described in the chart above based on any unbudgeted onetime revenues received in Fiscal Year 2014-2015. Accordingly, the City must also receive a minimum of $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2014-2015 in order for employees to be potentially eligible for this additional stipend. If in Fiscal Year 2013-2014 onetime unbudgeted revenues are not sufficient to trigger any stipend, any one-time unbudgeted revenues that the City receives during Fiscal Year 2013-2014 shall be carried over to Fiscal Year 2014-2015 for the purposes of calculating the additional stipend3. In no event shall employees receive combined stipends that exceed 3.5% of salary. The City agrees to provide the Union with copies of Quarterly Reports for purposes of identifying one-time revenues the City receives. 5.1.1 Definition of One-Time Revenues Non-recurring General Fund revenues not already included in the Fiscal Year 2013-2014 approved budget fitting into one or more of these categories: (1) sales tax receipts of $200,000 or more associated with single large transactions not expected to recur4; (2) reimbursements for costs incurred in prior fiscal years; and (3) net proceeds from land sales. 6. 6.1 Benefits Medical Insurance The City will provide a medical insurance plan through Kaiser Permanente, and will make every reasonable effort to maintain a second option through a NonKaiser HMO plan that allows members to choose their physician based on that physicians ability to accept coverage through said plan. Additionally, the City will explore providing multiple co-pay options. Citys contribution toward Kaiser Permanente
For instance, if employees receive a stipend of 2% in November 2014, they will be eligible for an additional stipend in the amount of 1.5% of salary. If employees receive a stipend of 3.5% in November 2014, they shall not be eligible for this additional one-time stipend. 3 For instance, if the City receives $150,000 of unbudgeted one-time revenues in fiscal year 2013-2014, the City will only need to receive an additional $50,000 in Fiscal Year 2014-2015 in order for employees to become eligible for the 1% stipend in November 2015. If the City receives $200,000 or more in unbudgeted one-time revenues in Fiscal Year 2013-2014 no amount shall carry over. 4 Single large transactions are defined as those transactions that occur in a single quarter from a single source within a year and do not recur.
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: 6
Employee only (single) Employee plus one (dual) Employee plus two or more (family)
$791.27 per month $1,582.51 per month $2,239.27 per month
Citys contribution for regular part-time employees The Citys medical insurance premium contribution shall be pro-rated for represented part-time employees. 6.2 Retiree Medical Insurance A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below: 1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty (20) but fewer than twentyfive (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retirees spouse. Within the confines of Retiree Medical Insurance, the term full-time regular City service shall also include hourly service for those full-time employees who transitioned from hourly status to regular status during the period of 1994 through 1998. A retired employees spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the Citys offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee. The Citys contribution toward retiree health insurance, and the retiree and/or retirees spouses participation in the Citys offered retiree health insurance, shall end at the end of the month following the retired employees sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the Citys contribution toward the surviving spouses monthly premium shall continue until the end of the 7
2.
3.
4.
5.
6.
month following what would have been the retired employees sixty-fifth (65th) birthday. 7. Exclusions The benefits described above shall apply to all current and future retirees except for the following exclusions: a. b. c. d. e. Retirees who do not retire directly from City service; or Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or Retirees who fail to comply with any requirements as described in verifications; or Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement. Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or
8.
Verification Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility. Employees hired on or after January 1, 2012 will be provided an optional Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute $75 per month. Participation in the plan is not required by the employee; however employees will not be eligible for the matching City funds of seventy-five dollars ($75) per month absent the required employee contribution of seventy-five dollars ($75) per month. Employees hired before January 1, 2012 may opt to enroll in the Retirement Health Savings (RHS) plan at their own expense. No City funds will be contributed to the RHS plan for employees hired prior to January 1, 2012.
B.
C.
6.3
Dental Insurance The City shall maintain the existing dental insurance benefits throughout the term of this Agreement. The City shall contribute all dental insurance premiums on behalf of represented full-time employees and eligible dependents. The Citys dental insurance premium contribution shall be pro-rated for represented parttime employees. 8
6.4
Medical and/or Dental Alternative An employee eligible for the Citys sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, two-three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. An employee eligible for the Citys sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00). A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.
6.5
Life Insurance A regular full-time employee represented by the bargaining unit shall be insured under a group life insurance policy paid by the City in the amount of seventy-five thousand dollars and zero cents ($75,000.00). A regular part-time employee represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of twenty-five thousand dollars and zero cents ($25,000.00).
6.6
Long-Term Disability Insurance The City provides a long-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of fourteen thousand one hundred sixty-seven dollars and zero cents ($14,167.00) after a one hundred eighty (180) day waiting period, for disabilities occurring on or off the job. Flexible Benefits Plan The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee participation is on an optional basis. There is no City contribution toward this plan, although the City shall provide and pay all costs of administering the plan. State Disability Insurance The City participates in the State Disability Insurance program for employees represented by this bargaining unit. Deferred Compensation Effective July 1, 2007 the City will make a matching contribution to the 457 deferred compensation plan for participating regular full-time employees up to a 9
6.7
6.8
6.9
maximum of fifty dollars and zero cents ($50.00) per month. The City will make a matching contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of twenty-five dollars and zero cents ($25.00) per month. 6.10 Retirement All current and new employees will be covered by the Public Employees Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA). A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.
The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula: a. b. c. d. e. B. One Year Final Compensation (Section 20042) Annual Cost-of-Living Increase at 3% (Section 21335) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691) For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (3 year average) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula: a) b) c) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share. C. For all represented employees hired on or after January 1, 2013, who are considered new members under California Government Code Section 7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described 10
in Government Code Section 7522.20(a). In addition, new members shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs. 6.11 Social Security All employees shall have coverage under Federal Social Security in accordance with the provisions of law. This system requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government. Education Reimbursement When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of one hundred percent (100%) of tuition charges, fees, the cost of textbooks and supplies or two thousand four hundred dollars ($2,400), whichever is lower, each calendar year the employee is enrolled in approved training. Additionally, the City will reimburse fifty percent (50%) of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between two thousand four hundred dollars ($2,400) and three thousand dollars ($3,000). Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of C or better or in cases of courses offered as pass/fail, a grade of pass. Costs for education reimbursement come from each individual department budget. 6.13 Employee Assistance Program The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per year. Workers Compensation Employees are covered by Workers Compensation benefits pursuant to the statutes of the State of California. Over and above the workers compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California. Safety Shoes The City shall provide for employees involved in construction or property inspection (e.g., engineering inspectors, public works supervisors and superintendents, public works inspectors) protective shoes. The type and style of such protective shoes shall be determined by the employees department director and shall be limited to one hundred sixty dollars ($160) (including tax and 11
6.12
6.14
6.15
any other costs) per fiscal year. Mid-year replacement of worn or damaged protective footwear is permitted with the approval of the employees department director; however, no more than two pair of protective footwear will be provided to any one employee in a fiscal year. 6.16 Automobile Allowance The Assistant City Engineer receives a monthly automobile allowance of one hundred fifty dollars ($150) per month in lieu of the use of a City vehicle. Joint Labor-Management Committee The City and AFSCME agree to establish a joint Labor-Management Committee, whose purpose is to review and evaluate health insurance plan design (i.e., not premiums or employee/employer contributions). The committee shall begin in March 2014 and will conclude its review in May 2015. Although not represented under this collective bargaining unit, the City shall invite other bargaining units to participate in this joint Labor-Management Committee with the parties intent that there is a single Labor-Management Committee with this defined purpose. If through the JLMC process the parties decide to move the employees in this unit into a health plan that has actual premium costs that fall below the City contribution amounts provided in 6.1, any amount below the applicable City contribution shall be provided to the employee in the form of a contribution to their Retirement Health Savings (RHS) plan or another vehicle agreed to by the parties. For example, if a new plan provides an actual 2015 Kaiser single party premium of $600 per month, any employee who selects that plan for January 2015 shall receive a contribution of $108.91 per month to their RHS plan. If on the other hand, the new plan provides a premium for 2015 Kaiser single party of $708.91 or greater, an employee shall receive no contribution towards their RHS plan for the selecting that medical plan option. 7. 7.1 Incentives and Differentials Uniform Allowance The annual uniform allowance will be two hundred forty dollars ($240) for the following classifications: Executive Secretary to the Chief of Police Police Records Manager confidential Administrative Assistant, if assigned to the Police Department
6.17
The uniform allowance is payable twice a year with a regular paycheck, for the first pay period in June and the first pay period in December, representing payment for the prior six (6) month period. Employees not employed for the full six (6) month period will be entitled to a prorate share of the six (6) month allowance.
12
The Chief of Police shall prescribe minimum standards of appearance for police department employees. Different standards may be applied for different classes, depending upon the type of work required of the employees. Employees shall be neatly groomed and suitably dressed for their duties, so that they present a favorable appearance to the public. If the City provides at City expense either a uniform allowance or uniforms, the Chief of Police shall ordinarily require the employee to wear the prescribed uniform on duty. The Chief of Police may require some employees who receive uniform allowances or who are furnished with uniforms, to wear other clothing on duty, either regularly or occasionally, if the needs of the department require it. 7.2 Working Out of Classification Department heads may, from time to time, because of vacancies, leaves of absence and other reasons, require an employee to work in a position which has a higher rate of pay than the employees regular position. Whenever such an assignment lasts longer than one (1) working day, the employees pay shall be adjusted for the second and subsequent days of such assignment. For the second and subsequent days, the employees pay shall be at that rate the employee would receive were he/she promoted to the higher paying position. This paragraph shall apply only to full-time substitution in a position, involving a temporary abandonment of the employees regular work. An employee specifically assigned by a department head on a temporary basis to perform a project which would normally be assigned to a higher classification shall receive five percent (5%) Project Assignment Pay; provided, however, such assignment will take at least forty (40) hours to complete and the City Manager authorizes such assignment. The Project Assignment Pay shall be provided during the duration of the project and shall be discontinued thereafter. The department head shall determine the duration of the project. Holidays, days off, and off duty and standby shifts shall not be considered as interrupting the consecutiveness of working out of classification. Every instance involving extra pay to an employee for working in a higher classification must have the approval of the City Manager. Service Award A regular full-time employee shall receive in December, if currently employed, service award pay based upon his/her total years of continuous City service, based on the following timetable and amounts: Years of City Service 10 years 15 years 20 years 25 years 30 years 35 years Service Award Amount $200 $300 $400 $500 $600 $700 13
7.3
40 years 45 years 7.4 Professional Certifications
$800 $900
7.4.1 Professional Engineer Certification A regular full-time employee who is either a Civil Engineer I or a Civil Engineer II and who possesses a State of California Professional Engineer license shall receive an additional five percent (5%) of base pay for Professional Engineer certification. 7.4.2 American Institute of Certified Planners Certification A regular full-time employee who is either an Assistant Planner or an Associate Planner and who possesses an active and valid American Institute of Certified Planners (AICP) certification shall receive an additional five percent (5%) of base pay for AICP certification. 7.4.3 California Water Distribution Certification A regular full time employee who is a Public Works Supervisor and possesses an active and valid California D-4 Water Distribution Certificate shall receive an additional five percent (5%) of base pay for D-4 Certification. 7.5 Water Plant Education Incentive A three hundred fifty dollar ($350) per month salary incentive shall be granted to the Water Plant Supervisor who receives and maintains a Treatment Grade IV State of California Certification. A three hundred sixty dollar ($360) per month salary incentive shall be granted to the Water Plant Supervisor who receives and maintains a Treatment Grade V State of California Certification. A four hundred dollar ($400) per month salary incentive shall be granted to the Water Plant Superintendent who receives a bachelor of arts or sciences degree from an accredited college or university in chemistry, biology or engineering. 7.6 Standby Pay In order to provide emergency service during evenings, weekends, and holidays AFSCME agrees that Public Works Supervisors, Water Plant Supervisors, Public Works Superintendents, and Water Plant Superintendents shall make themselves available to respond to emergency calls. The employee shall receive three hundred dollars ($300) for each standby shift. No additional payment or recognition is provided for standby shifts that include any City holidays. A standby shift is a one-week period that begins at the end of the employees Friday shift. Bilingual Pay Upon the recommendation of a department director and approval of the Director of Human Resources, an employee who, in the regular course of his/her employment and after successfully passing a City administered oral and written 14
7.7
test, uses his/her Spanish bilingual proficiency for the benefit of the City, shall receive bilingual pay of fifty dollars ($50) per month; provided, however, not more than six (6) employees represented under this collective bargaining agreement are provided bilingual pay at any given time. 8. 8.1 Vacation Vacation Accrual The vacation accrual rate for regular full-time employees shall be: Years of City Service 0-5 Years 6-10 years 11 years 12 years 13 years 14 years 15-19 years 20 and more years Accrual Rate Accrue 3.08 hours per pay period (10 days) Accrue 4.62 hours per pay period (15 days) Accrue 4.92 hours per pay period (16 days) Accrue 5.23 hours per pay period (17 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Accrue 6.15 hours per pay period (20 days) Accrue 7.69 hours per pay period (25 days)
Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified full-time employee. 8.2 Use of Vacation Vacation shall be taken at such time as is mutually convenient for the department and the employee. 1. Maximum Accumulation The maximum accrual allowed is two hundred forty (240) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback. a. 2. 3. Effective July 1, 2014 the maximum accrual allowed is two hundred and sixty (260) hours5.
Double Compensation Prohibited Employees shall not work for the City during their vacation. When Scheduled the time at which an employee takes his/her vacation will be determined with due regard for the wishes of the employee, the date of application for a specific vacation period, the department seniority of employees, and with particular regard for the needs of the department.
This proposed increase in accrual shall only be effective if the buyback program is reduced as described in Article 7.4 below.
15
8.3
Minimum Use Employees must use a minimum of forty (40) hours of vacation per year. Any exception to this section must be approved by the City Manager to be eligible for vacation buyback. Vacation Buyback Employees may receive vacation pay in lieu of paid time off. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that buyback will result in increased cost-effectiveness and efficiency to the City as determined by the City Manager. Employees are only eligible for one such approval in a twelve (12) month period and only one (1) buyback per fiscal year. Each vacation buyback shall be limited to a maximum of eighty (80) hours and will be at the employees regular rate of pay. Vacation hours bought back shall be paid at the employees normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the eighty (80) hour limit in urgent and/or emergency situations. Effective July 1, 2013 the total City-wide allocation for the buyback program will be $185,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $185,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceed $185,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,0006 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program.
8.4
8.5
Holidays Falling During Vacations When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as
Proposal is subject to agreement with all other represented units.
16
using vacation for that day. The employees compensation for that day shall be holiday and shall not be paid or charged as vacation. 8.6 Vacation Accrual for Transitioned Employees Accumulation for vacation benefits Employees who have transitioned from temporary status to regular employee status shall accrue vacation benefits based on their total years of service (since their most recent temporary employee hire anniversary). This benefit shall only apply for time spent in full-time temporary employment before their transition to regular appointment. Sick Leave Sick Leave Accrual All full-time regular employees shall accrue 3.69 hours sick leave per pay period (twelve days per year). All part-time regular employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each pay period exceed 3.69 hours. Employees may not borrow on unearned sick leave. No payment shall be made for accrued and unused sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to PERS service credit. 9.2 Personal Necessity Leave An employee may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from his/her work to attend to personal business that cannot be dispensed with during off duty time. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the employees department head. Personal necessity leave is considered use of sick leave. Sick Leave Incentive A full-time employee who uses no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation, with a maximum accrual during any one (1) year to be sixteen (16) hours. Holidays Full-Time Employee Holidays All regular full-time employees will be entitled to the following fifteen (15) holidays of eight hours each per year: 17
9. 9.1
9.3
10. 10.1
Day/Date Holiday Name 1. January 1 New Years Day 2. Third Monday in January Martin Luther Kings Birthday 3. February 12 Lincolns Day 4. Third Monday in February Washingtons Day 5. March 31 Cesar Chavez Day 6. Last Monday in May Memorial Day 7. July 4 Independence Day 8. First Monday in September Labor Day 9. Second Monday in October Columbus Day 10. November 11 Veterans Day 11. Fourth Thursday in November Thanksgiving Day 12. Day following Thanksgiving 13. December 25 Christmas Day 14. Sixteen (16) hours of floating holiday An employee hired or promoted to a regular position after June 30th shall receive only eight (8) hours of floating holiday during the first calendar year of such regular position appointment. Holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling during the week will be observed on the actual day. In the case of an employee having regular days off other than Saturday and Sunday, said employee will be afforded eight (8) hours additional time off for each holiday which falls on his/her regular day off. Time for taking such holiday shall be scheduled at the discretion of the department head. Floating holidays must be taken during the calendar year in which earned or will be lost. 10.2 Part-Time Employee Holidays All regular part-time employees will be paid on a pro-rated basis depending upon their designated hours of work, for the holidays defined above when such holiday falls on a regularly scheduled work day. In the case of a regular part-time employee whose regular day off occurs on an observed holiday, the employee shall have the pro-rated basis holiday credited to his/her compensatory time off account. All regular part-time employees will receive a pro-rated number of floating holiday hours based on their designated hours of work, and such hours shall be based on the total floating holidays defined above. 10.3 Work Performed on Holidays An employee who is eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive straight time pay for all hours worked on the holiday and shall 18
have eight hours holiday credited to his/her compensatory time off balance. (Normal overtime provisions as outlined within this agreement still apply.) An employee who is not eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive his/her regular pay for time worked on the holiday and shall have eight hours holiday credited to his/her administrative leave account and said hours shall be used by December 31st of the year credited, otherwise the hours shall be forfeited. 11. 11.1 Catastrophic Leave Purpose of Catastrophic Leave The Catastrophic Leave Program is designed to assist regular employees, regardless of bargaining unit representation, who have exhausted paid time credits due to the employees or immediate family members serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury. Catastrophic Leave Definitions 1. Catastrophic Illness or Injury A medically certified illness, impairment, physical or mental condition of the employee or the employees immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more. 2. 3. Leave to be donated Vacation or sick leave. For purposes of the Catastrophic Leave program, the term immediate family member shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in-law.
11.2
11.3
Catastrophic Leave Eligibility 11.3.1 Donors 1. Only regular employees are eligible to donate accrued vacation or sick leave. 2. Donating employees may not reduce their balance of earned vacation below forty (40) hours or sick leave below forty (40) hours by reason of such donation.
11.3.2 Recipients 1. Only regular employees may participate in the Catastrophic Leave program. 19
2.
Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human Resources Department with the application. All accumulated time, sick leave, vacation time, compensatory time, and other available paid time off balances must have been exhausted. A request for leave of absence without pay for medical reasons has been submitted and approved. Request for participation in the program shall be made on an application for Catastrophic Leave Program form, available from the Human Resources Department.
3. 4. 5.
11.4
3. 4. 5. 6. 7. 8.
12.
Bereavement Leave Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half-brothers, halfsisters, fathers-in-law, and mothers-in-law. 20
Time off for funerals may be taken only within five (5) calendar days before and after the date of the actual funeral or service. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members of the employee not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave. 13. 13.1 Probationary Period Objective of the Probationary Period The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employees work, for securing the most effective adjustment of a new employee to his/her position, and for releasing any probationary employee whose performance in the opinion of the City Manager, City Managers designee, and/or appointing authority does not meet the required standards of work. Nothing in this policy is intended to limit the reasons for which an employee may be released during the probationary period. Release of an employee during the probationary period may be with or without cause and with or without prior notice to the employee. Probationary Period All original and promotional appointments to a regular position, excluding at-will employees, shall be tentative and subject to a probationary period of twelve (12) months of active duty from the date of probationary appointment or promotion. Days absent without pay during the probationary period shall extend the probationary period by the same number of days so as to result in a probationary period of active working duty for the required twelve (12) months of active duty. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the same position into which transferring, provided the employee has completed the employees probationary period in the classification at the time of transfer. During the probationary period, the employee may be released at any time by the City Manager, City Managers designee, and/or appointing authority with or without cause and with or without prior notice. An employee released during the probationary period has no right to appeal or grieve the release. The probationary period may exceed twelve (12) months of active duty when the extension is by mutual agreement between the probationer, appointing authority, and (if not the appointing authority) the City Manager. The probationary period shall not exceed eighteen (18) months of active duty.
13.2
21
13.3
Promotional Probationary Period An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. Layoff Layoff Policy Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it necessary to abolish any position of employment, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and with the limited right of appeal described exclusively below. Notification When enacting layoffs the City Manager shall: a) notify the impacted employees and the Union of such layoff(s); b) provide a copy of the seniority list to the Union used to rank the affected employees; and c) offer to meet and confer with the Union regarding the impact of the layoff(s) An employee being laid off shall be given at least fourteen (14) days prior notice, with a copy of layoff notice mailed to the Union.
14. 14.1
14.2
14.3
Order of Layoff In each class, employees shall be laid off according to employment status in the following order: provisional, temporary (formerly referred to as seasonal), regular part-time, probationary full-time, and regular full-time. In this article, probationary status means the probationary period required upon the initial employment with the City leading to a regular position. Seniority, Vacancy and Demotion Whenever there is a layoff, the City Manager shall first demote an employee (based upon seniority within the class at the City of Pittsburg) to a regular position vacancy, if any, in a lower class for which the employee previously held. All persons so demoted shall have their names placed on a reinstatement list for a period of one year. Upon layoff, regular employees have the right to retreat to a lower class in accordance with this layoff policy. In order to retreat to a lower class an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Services Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. 22
14.4
For the purposes of this layoff, seniority shall be defined as an employees tenure in a position. When an employee retreats to a lower class seniority for that class shall include the tenure of all higher classes. Seniority includes time accrued in regular full-time and regular part-time service. In this article, length of service for regular part-time employment is calculated on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority. 14.5 Limited Appeal to the City Manager An employee who is laid off or demoted because of a layoff may file an appeal to the City Manager within four (4) days following receipt of the layoff. Said appeal shall be limited to the sole issue of whether the layoff was properly applied, whether the layoff or retreat to a lower class is a pretext for discipline, and/or whether the decision to layoff or demote the employee because of a layoff was based on malfeasance. Said appeal request shall be delivered in person or with a minimum of United States Postal Service (USPS) delivery confirmation to the Human Resources Director, who shall promptly schedule the matter with the City Manager or City Managers designee so that the employee will have the opportunity to present his/her side of the layoff and/or demotion. The City Manager or designee shall render a written decision within five (5) days of the appeal meeting and may affirm, reverse, or modify the initial decision. The decision of the City Manager or City Managers designee shall be final. Reinstatement List The names of all regular and probationary employees laid off, demoted or displaced as a result of layoff shall be placed on a reinstatement list for the classification from which the employee has been removed; said reinstatement list shall remain in effective for twelve (12) months, unless exhausted sooner. Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees. 14.7 Removal of Names from Reinstatement List Failure to promptly respond to and accept a reinstatement offer within fourteen (14) days of the date of the offer was hand-delivered or mailed with a minimum of USPS delivery confirmation to the individuals last known address shall result in removal from the reinstatement list. Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class. 14.8 Reinstatement A former employee appointed from a reinstatement list shall have the following benefits restored: 23
14.6
1. 2.
Accrued but unused sick leave. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).
15. 15.1
Disciplinary Action Disciplinary Action Supervisors shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to a written reprimand. In emergency situations supervisors may relieve employees of their duties, pending further action by a department head. Department Heads shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to dismissal from employment. The City Manager shall be vested with the powers to discipline employees, and for cause, may discipline up to dismissal from employment. Any proposed disciplinary action greater than a written reprimand requires prior consultation with the Human Resources Director. The employee shall have the right to request another employee or bargaining unit representative be present when the employee is called into a meeting that he/she reasonably believes could result in disciplinary action, or where the purpose of the meeting is to propose or impose discipline, or where the purpose of the meeting is to appeal disciplinary action as provided within this section. Once the employee has designated a representative, all subsequent correspondence shall be sent to the representative at the same time the correspondence is sent to the employee. Any employee disciplined shall be immediately notified in writing of such charges or actions, by U.S. Postal Service mail (with at least mail delivery confirmation) or delivery in person. Any employee aggrieved by such action may utilize the Disciplinary Action Appeal Procedure as hereinafter set forth, as a means of appeal from such by the City. Any time limit described in the appeal procedures may be extended only by mutual agreement in writing. Failure by the employee or the employees representative to initiate or appeal within the prescribed time limits shall waive the right of the employee and the employees representative from appealing the discipline. In the case of an appeal, the Citys last answer shall be final and conclusive. The failure of the City to respond to an appeal within the prescribed 24
time limits shall be cause for the employee to automatically appeal the discipline to the next step. 15.2 Disciplinary Action Appeal Procedure for Written Reprimands For all employees, written reprimands may be appealed to the City Manager within seven (7) days of receipt of disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The decision of the City Manager or designee shall be final and conclusive. In the event the City Manager issued the written reprimand, then opportunity to utilize the City Manager Appeal shall still apply. 15.3 Disciplinary Action Appeal Procedure for Non-Written Reprimands No disciplinary action against an employee, excluding probationary and other atwill employees, shall be imposed unless such action is recommended by the City in a Notice of Proposed Disciplinary Action delivered to the employee either personally or by U.S. Postal Service mail (with at least mail delivery confirmation) and shall contain the following: 15.3.1 Notice of Proposed Disciplinary Action 1. A statement of the action proposed to be taken; 2. 3. 4. 5. A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule shall be included with the notice; A copy of materials upon which the proposed action is based; A statement that the employee has seven (7) days to respond to the author of the Notice either orally or in writing.
The employee or designated representative, upon whom a Notice of Proposed Disciplinary Action has been served, shall have seven (7) days to respond to the author of the Notice orally or in writing before the proposed action may be taken. Upon application and for good cause, the author of the Notice may extend in writing the period to respond. If the employees or designated representatives response is not timely filed, or the employee or designated representative has not requested an extension, the right to respond is lost. 15.3.2 Notice of Discipline After the employee or designated representative has responded to the Notice of Proposed Disciplinary Action, or the time to respond has passed, and if the author of the Notice still determines that discipline is appropriate, then the 25
employee shall be provided with a Notice of Discipline. The Notice of Discipline shall include the following: 1. 2. 3. A statement of the action to be taken and the effective date; A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule or regulation shall be included with the Notice of Discipline or a statement shall be included that copies of said rule or regulation have already been provided to the employee with the Notice of Proposed Disciplinary Action; A copy of materials upon which the action is based or a statement that such materials have already been provided to the employee; A statement addressing the responses to the charges by the employee or designated representative, if any; and Notification to the employee of his/her right to appeal the imposed discipline.
4. 5. 6.
15.3.3 City Manager Appeal Disciplinary actions may be appealed to the City Manager within seven (7) days of receipt of the disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The Union may appeal the City Managers or designees decision to an arbitrator. In the event the disciplined employee reports directly to the City Manager, or the City Manager issued the written reprimand, or the City Manager initiated the disciplinary action as described within this chapter, then the City Manager Appeal shall be heard by the City Attorney. 15.3.4 Non-Binding Mediation Nothing precludes the parties from engaging in non-binding, confidential mediation before arbitration. However, mediation will occur upon the parties mutual agreement. Within seven (7) days of the receipt of the City Managers or designees decision the Union may request that the matter is referred to mediation. The parties will select a mediator, or if agreement on a mediator cannot be reached, the Union will request a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The parties shall strike names from the provided list in the same fashion as described for arbitration. 26
The parties shall sign binding confidentiality agreements. Everything discussed during mediation shall remain confidential and no part of the mediation, including statements, documents, and information from the parties, the mediator, and any other participants, can be used or referenced during any subsequent proceedings. The costs, if any, for the mediators services shall be divided equally between the City and the Union. The City and Union shall each be fully responsible for their own costs and expenses associated with presenting and defending their own case during mediation. 15.3.5 Arbitrator The City Managers or designees decision may be appealed to an arbitrator by the Union within seven (7) days of receipt of the decision by the Union. The arbitrator shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The method of selection from said list shall consist of the following process: After a toss of coin to decide which party shall move first, a representative of the City and the Union shall alternatively strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. The procedure shall be followed until there is an available arbitrator. The costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the Union. The City and the Union each shall be fully responsible for their own costs and expenses associated with presenting and defending their own case. In the event the employee is not represented by the Union, then the costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the employee. The City and the employee each shall be responsible for their own expenses associated with presenting and defending their own case. When an arbitrator has been selected, the City, Union and arbitrator shall begin the arbitration as expeditiously as possible, but not later than seventy-two (72) days from the selection of the arbitrator. The arbitrator shall be governed by the Code of Civil Procedure, Sections 1280 1284.2 in the conduct of the arbitration, unless any provision of this section conflicts, in which case this section shall govern. The arbitration shall be closed to the public unless the employee requests in writing a public hearing prior to the time of the hearing.
27
The arbitrator shall be governed by Government Code Section 6250 et seq. and other pertinent provisions of law with respect to the discovery of confidential records, files and memoranda. The arbitrator may modify or revoke a disciplinary action where just cause for the discipline imposed has not been shown or where a violation or omission of procedure for disciplinary action was made in which resulted in substantial prejudice to the employee. The arbitrator shall be without power or authority to make any decision which is prohibited by law or is in violation of the terms of this Memorandum of Understanding. The arbitrator shall not add to, subtract from, disregard, alter or modify any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall: 1. 2. 3. 16. 16.1 Be made in writing within thirty (30) days of the close of the hearing and mailed to the City Manager, City Attorney, and the Union; and Be final and binding upon all parties; and Recite the basis for the arbitrators decision.
Grievances Grievance Definition A grievance is any dispute which involves the claimed violation, the (mis)interpretation or (mis)application of the collective bargaining agreement, Personnel Rules, or department rules and regulations, resolutions, or ordinances. A grievant may be an employee, or any group of employees, or a represented bargaining unit. Disciplinary actions and performance evaluations are not grievable. Grievance Procedure A grievance shall be processed in the following manner: Step 1. Within fourteen (14) days of the event or discovery of the event giving rise to the grievance, the grievant will discuss the grievance verbally with the grievants immediate supervisor. For good and sufficient reason, the grievant may initiate the grievance at Step 2. The grievant will clearly state that a grievance is being initiated, and the parties will discuss the matter and attempt to resolve the grievance. Step 2. 28
16.2
If the grievance is not resolved in Step 1, the grievance shall be reduced to writing and presented to the department head within twenty-eight (28) days of the event or discovery of the event giving rise to the grievance. The written grievance shall contain the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. name of grievant(s) class title(s) department mailing address(es) a clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices) the date(s) on which the event(s) giving rise to the grievance occurred a proposed solution to the grievance the date of execution of the grievance form the signature of the grievant(s) the signature of the bargaining unit representative, if such a representative is representing the grievant(s) the date of the discussion meeting in Step 1 and the name of the supervisor involved
The department head will investigate the grievance and confer with the grievant(s) in an attempt to resolve the grievance. The department head will issue his/her decision regarding the grievance in writing within fourteen (14) days of receipt of the written grievance. Step 3. If the grievance is not resolved by the department heads decision in Step 2, the grievant(s) may appeal the written grievance to the City Manager or designee (other than the supervisor and/or department head involved) within fourteen (14) days of receipt of the department heads decision in Step 2. The City Manager or designee will investigate the grievance, confer with persons affected and their representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision. Step 4. In the event the grievant disagrees with the decision of the City Manager or designee, the complainant shall have the opportunity to lodge a request for review by the City Council within seven (7) days of receipt of the City Managers 29
or designees decision. The City Council shall conduct a review of the City Managers decision with the authority to either affirm, reverse, or modify the City Managers or designees decision. 16.3 General Conditions of Grievances 1. The Human Resources Director will act as a central repository for all grievance records of Step 2 and beyond. 2. 3. Any time limit may be extended only by mutual agreement in writing. An aggrieved employee may be represented by another individual at any stage of the proceedings at his/her request. Both employee and representative (if employed by City) will be entitled to attend proceedings without loss of compensation, should such proceeding conflict with employees and/or representatives normal working hours. Proposals to add to or change the Personnel Rules shall not be considered under this section, and no proposal to modify, amend, or terminate any Memorandum of Understanding between the City and a collective bargaining unit may be considered under this section. Failure by the grievant or grievants representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievants representative, and the grievants collective bargaining unit (if any) to initiate or appeal a grievance. In the case of an appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance. Failure of the City to respond to a grievance within the prescribed time limits shall be cause for the grieving party to automatically move the grievance to the next step. In the event the grievant directly reports to the City Manager, then the step 3 appeal of the written grievance shall be heard by the City Attorney who shall investigate the grievance, confer with persons affected and their representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision.
4.
5.
6.
17. 17.1
Overtime Standard Workweek and Workday The normal workweek for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. Flexible schedules (e.g., 4/10, 9/80) may be approved by the City Manager upon the recommendation with justification of the department director. In evaluating proposed flexible schedules, the City Managers evaluation criteria will include, but not limited to: 30
continuation and continuity of delivery of service to the public; impact, both positively and negatively, in overall customer service delivery; impact on other City operations; cost impact, including impact on overtime costs; the incumbent employees current and prior performance; effect, positively and negatively, on all lost time categories including workers compensation; clear evaluation criteria pertinent to each department affecting a flexible schedule.
The City Manager may also impose flexible schedules, with or without the consent of department directors. All flexible schedules are subject to the continuing approval of the City Manager who, with three (3) calendar days notice, may modify, terminate, or otherwise change the flexible schedule. The approval, change, or denial of a flexible schedule is not subject to any appeal or grievance. 17.2 Overtime Provisions for FLSA Non-Exempt Employees When an employee who has been designated as Fair Labor Standards Act (FLSA) non-exempt has worked in excess of the normal workweek, then said employee shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate for all such overtime performed by said employee on behalf of the City. The City shall treat all paid time (excluding holidays), such as but not limited to vacation, sick leave, holidays, and compensatory time off, as hours worked for the purpose of calculating overtime compensation. 17.3 Compensatory Time Off for FLSA Non-Exempt Employees Notwithstanding any provisions hereunder contrary, department heads or designees shall be allowed to grant compensatory time off on a time and one-half (1-1/2) basis to a FLSA non-exempt employee subject to the following: 1. At the time of the overtime assignment, the employee shall make his/her election to be paid for said time or have said overtime entered into a compensatory time off account. Once overtime is so entered, it cannot be exchanged for pay. No more than two hundred forty (240) hours of compensatory time off can be accumulated and maintain on the employees account at any one time. In determining capability of taking compensatory time off at a given time, due regard shall be given to: a. the wishes of the employee; 31
2. 3.
b. c. 17.4
date of application for specific time off; and seniority (in the event of multiple requests).
FLSA Exempt The City and MPC have determined that those classifications listed under Administrative Leave, below, are exempt and not eligible for overtime in accordance with Title 29, Part 541 of the Code of Federal Regulations, Fair Labor Standards Act (FLSA). During a labor dispute, a natural or war-caused disaster, or other emergency situation, the City Council, by motion, or the City Manager may authorize overtime payment for those employees who are customarily not entitled thereto.
18. Administrative Leave Employees in the below-listed classifications receive a maximum of eighty (80) hours Administrative Leave each calendar year. Said hours are credited to the employees Administrative Leave time bank each January 1 such that the January 1 balance is exactly eighty (80) hours. This benefit is made available on a use or lose basis and as such may not be carried from one calendar year to the next. All requests for Administrative Leave are to be reviewed and approved by the employees department head. Administrative Officer Assistant City Engineer Chief Building Official Finance Division Manager Harbormaster Maintenance Services Manager Planning Manager Police Records Manager Public Works Superintendent Redevelopment Manager Senior Administrative Analyst Senior Civil Engineer
19. Severability If any provision of this Memorandum of Understanding should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of invalidation of any provision, the City and Union agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation.
32
20. Full Understanding Except as otherwise specifically provided herein, the parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding all matters contained in this Agreement. It is agreed further, that neither party shall be required to meet and confer with respect to any subject or matter contained herein during the term of this Memorandum of Understanding, except regarding the interpretation of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from meeting and conferring during the term of this Agreement upon the mutual agreement of the parties to do so. Mutually agreed upon amendments to this Memorandum of Understanding shall be in writing and must be approved by the City Council. 21. Past Practices The continuation of working conditions and past practices not specifically contained in this Memorandum of Understanding is not guaranteed by this Agreement. Nonetheless, this is the first comprehensive Memorandum of Understanding to be negotiated between the City and the Union and the parties recognize that certain existing working conditions and/or past practices may have been overlooked during the negotiation of this Agreement. If, during the first one hundred eighty (180) calendar days following final approval by the City Council, either party identifies what it believes to be a working condition or a past beneficial practice that was overlooked, the parties shall meet and confer regarding such working condition or past practice. If it is mutually agreed that the practice or working condition did exist and it was overlooked, the parties will amend this Memorandum of Understanding accordingly. If the parties are unable to agree, the dispute will be resolved pursuant to the Citys established impasse resolution procedures. ENTERED INTO THIS _____ DAY OF ____________________, 2013 AFSCME (MPC Unit) By_________________________ Felix Huerta Business Agent By_________________________ Jason Moser MPC By_________________________ Dick Abono MPC CITY OF PITTSBURG By_________________________ Joe Sbranti City Manager
33
APPENDIX A Classifications within the Management/Professional/Confidential bargaining unit: Accountant I Accountant II Accounting Technician, confidential Administrative Analyst I Administrative Analyst II Administrative Assistant, confidential Administrative Assistant to Director Administrative Officer Assistant City Engineer Assistant Director of Finance Assistant Planner Associate Planner Chief Building Official Civil Engineer I Civil Engineer II Community Relations Manager Equipment Shop Supervisor Executive Secretary to the Chief of Police Finance Division Manager Financial Analyst Harbormaster Housing Manager Human Resources Analyst Human Resources Specialist Payroll Specialist Planning Manager Police Records Manager Public Works Manager Public Works Superintendent Public Works Supervisor Purchasing Analyst Recreation Supervisor Redevelopment Manager Redevelopment Project Manager Senior Administrative Analyst Senior Civil Engineer Senior Combination Building Inspector Senior Financial Analyst Senior Human Resources Analyst Senior Planner Senior Redevelopment Project Manager Utility Supervisor Water Plant Supervisor 34
APPENDIX B 1. The current monthly salary ranges for employees in each classification is: Step A Step B Step C Step D 4546 4773 5012 5263 5089 5343 5610 5890 4016 4217 4428 4649 4696 4931 5178 5437 5437 5709 5994 6294 3464 3637 3819 4010 4292 4507 4732 4969 7366 7734 8121 8527 9228 9689 10173 10682 5007 5257 5520 5796 5796 6086 6390 6710 8279 8693 9128 9584 5234 5496 5771 6060 6060 6363 6681 7015 5437 5709 5994 6294 4292 4507 4732 4969 5321 5587 5866 6159 4507 4732 4969 5217 7242 7604 7984 8383 5709 5994 6294 6609 6658 6991 7341 7708 7242 7604 7984 8383 5437 5709 5994 6294 4507 4732 4969 5217 4507 4732 4969 5217 8279 8693 9128 9584 5312 5578 5857 6150 8279 8693 9128 9584 7439 7811 8202 8612 5321 5587 5866 6159 5671 5955 6253 6566 5323 5589 5868 6161 8279 8693 9128 9584 6294 6609 6939 7286 6294 6609 6939 7286 7366 7734 8121 8527 5906 6201 6511 6837 6609 6939 7286 7650 6294 6609 6939 7286 7366 7734 8121 8527 7057 7410 7781 8170 7057 7410 7781 8170 Step E 5526 6185 4881 5709 6609 4211 5217 8953 11216 6086 7046 10063 6363 7366 6609 5217 6467 5478 8802 6939 8093 8802 6609 5478 5478 10063 6458 10063 9043 6467 6894 6469 10063 7650 7650 8953 7179 8033 7650 8953 8579 8579 35
Classification Accountant I Accountant II Accounting Technician Administrative Analyst Administrative Analyst II Administrative Assistant, confidential Administrative Assistant to Director Administrative Officer Assistant City Engineer Assistant Planner Associate Planner Chief Building Official Civil Engineer I Civil Engineer II Community Relations Manager Deputy City Clerk Equipment Shop Supervisor Executive Secretary to the Chief of Police Finance Division Manager Financial Analyst Harbormaster Housing Manager Human Resources Analyst Human Resources Specialist Payroll Specialist Planning Manager Police Records Manager Public Works Manager Public Works Superintendent Public Works Supervisor Purchasing Analyst Recreation Supervisor Redevelopment Manager Redevelopment Project Manager Senior Administrative Analyst Senior Civil Engineer Senior Combination Building Inspector Senior Financial Analyst Senior Human Resources Analyst Senior Redevelopment Project Manager Utility Supervisor Water Plant Supervisor
Memorandum of Understanding Between the City of Pittsburg and Teamsters Local 856 July 1, 2013 through June 30, 2015
Preamble ........................................................................................................................ 4 1. 2. 3. Recognition ............................................................................................................ 4 1.1 Association Recognition ................................................................................. 4 Term ........................................................................................................................ 5 Union Security ........................................................................................................ 5 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 4. 5.1 5. Agency Shop Election ..................................................................................... 5 Agency Shop Provisions ................................................................................. 5 Agency Shop Compliance ............................................................................... 7 Hold Harmless .................................................................................................. 7 Teamsters Materials......................................................................................... 7 Membership Listing ......................................................................................... 7 Bulletin Boards and Meeting Rooms .............................................................. 7 Release Time .................................................................................................... 8 Potential One-Time Stipend ............................................................................ 9 Definition of One-Time Revenues ............................................................ 9
Salaries ................................................................................................................... 8 4.1.1 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13
Benefits ................................................................................................................. 10 Medical Insurance .......................................................................................... 10 Retiree Medical Insurance ............................................................................. 11 Dental Insurance ............................................................................................ 13 Medical and/or Dental Alternative ................................................................. 13 Life Insurance ................................................................................................. 13 Long-Term Disability Insurance.................................................................... 13 State Disability Insurance.............................................................................. 14 Deferred Compensation................................................................................. 14 Retirement ...................................................................................................... 14 Health Club Reimbursement ...................................................................... 15 Education Reimbursement ........................................................................ 15 Employee Assistance Program ................................................................. 16 Workers Compensation Salary Continuation .......................................... 16
5.14 5.15 6. 6.1 6.2 6.4 6.5 6.6 6.7 7. 7.1 7.2 7.3 7.4 7.5 7.6 8. 8.1 8.2 8.3 9. 9.1 9.2 9.3 9.4 10. 10.1 10.2 10.3
Social Security ............................................................................................ 16 Joint Labor-Management Committee ........................................................ 16 Uniform Allowance......................................................................................... 16 Standby Pay.................................................................................................... 17 Shift Differential ............................................................................................. 18 Education Incentive ....................................................................................... 18 Service Award ................................................................................................ 18 Certification Pay ............................................................................................. 19 Vacation Accrual ............................................................................................ 20 Use of Vacation .............................................................................................. 20 Minimum Use .................................................................................................. 21 Vacation Buyback .......................................................................................... 21 Holidays Falling During Vacations ............................................................... 22 Vacation Accrual for Transitioned Employees ............................................ 22 Sick Leave Accrual ........................................................................................ 22 Personal Necessity Leave ............................................................................. 22 Sick Leave Incentive ...................................................................................... 23 Full-Time Employee Holidays ....................................................................... 23 Part-Time Employee Holidays ....................................................................... 24 Work Performed on Holidays ........................................................................ 24 Holiday Schedule for Regular Water Plant Operators grade 3 ................... 24
Incentives and Differentials ................................................................................ 16
Vacation ................................................................................................................ 20
Sick Leave ............................................................................................................ 22
Holidays ................................................................................................................ 23
Catastrophic Leave ........................................................................................... 25 Purpose of Catastrophic Leave ................................................................. 25 Catastrophic Leave Definitions ................................................................. 25 Catastrophic Leave Eligibility .................................................................... 25 Donors ................................................................................................... 25 Recipients ............................................................................................. 26
10.3.1 10.3.2 10.4 11. 12.1 12.2
Catastrophic Leave Procedures ................................................................ 26 Objective of the Probationary Period ........................................................ 27 Probationary Period.................................................................................... 27
Bereavement Leave ........................................................................................... 27
12.3 13. 13.1 13.2 13.3 13.4 13.5 13.6 14. 14.1 14.2 14.3 15. 15.1 15.2 15.3 16. 16.1 16.2 16.3 17. 18. 19. 20.
Promotional Probationary Period .............................................................. 28 Layoff Policy................................................................................................ 28 Notification .................................................................................................. 28 Employment Status .................................................................................... 28 Vacancy and Demotion .............................................................................. 28 Reinstatement List ...................................................................................... 29 Reinstatement ............................................................................................. 29 Disciplinary Action ..................................................................................... 29 Disciplinary Action Appeal Procedure for Written Reprimands ............. 30 Disciplinary Action Appeal Procedure for Non-Written Reprimands ..... 31 Grievance Definition ................................................................................... 33 Grievance Procedure .................................................................................. 33 General Conditions of Grievances ............................................................ 35 Payment ....................................................................................................... 35 Minimum Reportable Periods .................................................................... 36 Compensatory Time Off ............................................................................. 36
Layoff.................................................................................................................. 28
Disciplinary Action ............................................................................................ 29
Grievances ......................................................................................................... 33
Overtime ............................................................................................................. 35
City Rights ......................................................................................................... 36 Severability ........................................................................................................ 37 Full Understanding ............................................................................................ 37 Past Practices .................................................................................................... 37
Appendix A .................................................................................................................. 39
Memorandum of Understanding Between the City of Pittsburg and Teamsters Local 856 July 1, 2013 through June 30, 2015 Preamble Teamsters Local 856 and representatives of the City of Pittsburg have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment, have freely exchanged information, opinions, and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees. The legal relationship between the City of Pittsburg (City), its employees, and Teamsters Local 856 (Unit B) is governed by the Meyers-Milias-Brown Act (California Government Code sections 3500, et seq.), the City Municipal Code, the City Personnel Rules and Regulations, and this Memorandum of Understanding. Whenever this Memorandum of Understanding contains a provision relating to the subject matter which is also referred to in the Personnel Rules and Regulations or any other city ordinance, the provisions of this Memorandum of Understanding shall prevail. This Memorandum of Understanding shall be presented to the City Council of the City of Pittsburg as the joint recommendation of the undersigned parties for the term set forth hereinafter. 1. 1.1 Recognition Association Recognition The Teamsters Local 856, hereinafter referred to as Unit B or Teamsters is the exclusively recognized employee organization for the following positions: Electrician Equipment Mechanic Maintenance Worker I Facilities and Utilities Maintenance Worker II Facilities and Utilities Maintenance Lead Worker Facilities and Utilities Maintenance Worker I Environmental Services Maintenance Worker II Environmental Services Maintenance Lead Worker Environmental Services Pest Control Specialist Utility Lineworker Utility Technician I Utility Technician II Recreation Services Lead Worker Recreation Services Worker Water Instrument/Maintenance Technician I Water Instrument/Maintenance Technician Ii
1.2
Water Plant Apprentice Operator Water Plant Operator, grade 3 Water Quality Analyst I Water Quality Analyst II
City Recognition The City Manager, as the Employee Relations Officer, or any management representative duly authorized by the City Manager, is the representative of the City of Pittsburg, hereinafter referred to as the City.
2. Term This Memorandum of Understanding shall be in effect July 1, 2013, except for those provisions of the Memorandum of Understanding which have been assigned other effective dates as hereinabove set forth, and shall remain in full force and effect to and including June 30, 2015 and shall continue thereafter from year to year unless during the thirty (30) day period beginning February 15, 2015 or February 15 of any subsequent year either party has delivered written notice to the other of its desire to amend, modify, or terminate this Memorandum of Understanding. Unless mutually agreed to otherwise, negotiations for a successor Memorandum of Understanding shall begin no later than thirty (30) days subsequent to the delivery of such notification. 3. 3.1 Union Security Agency Shop Election The City and Teamsters agree to permit all employees in a represented classification to vote as to whether or not there shall be an agency shop agreement. Such election to occur at the same date, time, and place as the ratification election of this Memorandum of Understanding. The City and Teamsters shall implement the agency shop provisions if a majority of all employees eligible to vote in the agency shop election vote in the affirmative for the agency shop. Agency Shop Provisions These agency shop provisions shall apply only if a majority of all employees eligible to vote in the agency shop election vote in the affirmative for the agency shop. 1. All existing employees, and all new employees who are hired into classifications, covered by this Memorandum of Understanding, shall at the time of hire, execute an authorization for the payroll deduction for one of the following options: a. Become and remain a member of Teamsters; or
3.2
b.
Pay to Teamsters an agency fee in the amount which may not always be less than but will never be more than an amount which may be lawfully collected under applicable constitutional, statutory, and case law made during the duration of this Memorandum of Understanding, it being understand that it shall be the sole responsibility of Teamsters to determine an agency fee which meets the above criteria, subjection to the limitations of 1c below; or Do both of the following: 1) Present to Teamsters a written declaration that the employee is a member of a bona fide religion, body, or sect which has historically held a conscientious objection to joining or financially supporting any public employee organization; and Pay a sum equal to the agency fee described above to one of the following East County Boys and Girls Club, Los Medanos College Foundation, Pittsburg Historical Society, Senior Outreach Services, or the United Way.
c.
2)
2.
The City shall, in all appropriate cases, implement a mandatory deduction from pay for all employees within the bargaining unit for Teamsters dues, agency fee or exemption donations; however, the City shall not be required to dismiss or otherwise discipline any bargaining unit member for failure to fulfill their obligations under agency shop. If after all other involuntary and insurance premium deductions are made in any pay period, including medical insurance, dental insurance, disability insurance, Social Security, Medicare, tax withholding, garnishment, judgment or governmental level, and the balance is not sufficient to pay the deduction of Teamsters dues, agency fee, or exemption donation required by this Section, then no such deduction shall be made for that current pay period. The provisions of this Section shall not apply during periods that an employee is separated from the bargaining unit, but shall be reinstated upon the return of the employee to the bargaining unit. For the purpose of this Section, the term separation includes promotion, demotion, reclassification or transfer out of the bargaining unit, layoff, employment separation, and leave of absence without pay. These Agency Shop provisions are governed by and in accordance with Government Code Section 3502.5.
3.
4.
5.
3.3
Agency Shop Compliance 1. New Employees Upon request by Teamsters, the City shall furnish Teamsters with copies of Employee Authorization for Payroll Deductions documents related to agency shop deductions executed by new employees. Within thirty (30) calendar days of hiring, the City shall provide the name of the new employee in this bargaining unit to Teamsters. 2. Current Employees a. An employee in a position covered by this Memorandum of Understanding shall be provided by Teamsters with an Employee Authorization for Payroll Deduction form. b. If the form authorizing payroll deduction is not returned to Teamsters within thirty (30) calendar days after receipt of notice of the Agency Shop provisions, then Teamsters may, in writing, direct that the City withhold the agency fee from the employees salary, in which case the employees pay shall be reduced by an amount equal to the agency fee and the City shall pay that amount withheld to Teamsters.
3.4
Hold Harmless Teamsters shall indemnify, defend, and save the City of Pittsburg, its officers, agents and employees, harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Section, or action taken or not taken by the City under this Section, and shall promptly reimburse the City for legal fees and costs incurred by the City in responding to or defending against any claims, disputes or challenges. This includes, but is not limited to, the Citys attorney fees and all costs and preparation time, to and including the reserved right of the City to select counsel of its own choice. Teamsters Materials The City shall use its best efforts to hand out agreed upon Teamsters materials addressing agency shop along with the agency shop forms. Membership Listing Upon request from Teamsters but not more than bi-annually, the City shall produce and provide to Teamsters a listing of the names, positions for all represented employees. Bulletin Boards and Meeting Rooms Teamsters shall be permitted to post notices of official Teamster business on existing bulletin boards. The City has the right to remove any posted material that is outdated or not in conformance with Pittsburg Municipal Code Section 2.53.130.
3.5
3.6
3.7
Teamsters shall be permitted to use City meeting rooms in conformance with Pittsburg Municipal Code Section 2.53.130. 3.8 Release Time The City agrees to provide an adequate and reasonable amount of release time for designated officers and representatives of Teamsters to conduct, with the City Managers or his/her designees approval, Teamster business and to engage in meet and confer sessions with official representatives of the City.
4. Salaries Salary ranges for represented classification shall be as set forth in Appendix A, which is attached hereto and made a part hereof. A. B. Effective July 7, 2013 the City shall provide a four percent (4%) increase to all salary steps within the unit. Effective the first pay period in Fiscal Year 2014/2015 (July 6, 2014) the City shall provide a one percent (1%) increase to all salary steps within the unit. Beginning July 7, 2013, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 15 and January 11 of each fiscal year, and shall consist of forty (40) hours time off during that time frame1. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 7, 2013. The hours will be noted as a separate line item deduction on the employees paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit members existing base salary amount for City benefit accrual purposes.
C.
1 For those staff with twelve (12) hour shifts on three (3) consecutive days versus a shift with forty (40) consecutive hours, the consecutive time off requirement shall be for thirty-six (36) consecutive work hours off. The remaining four (4) hours of winter closure time shall be determined by the City but shall occur between December 15 and January 11. 8
If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time). 5.1 Potential One-Time Stipend If the City receives $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2013-2014, then the City will provide a one-time stipend to all employees within this unit. The stipend shall be provided in November 2014 based on the following schedule: One Time Revenues $200,000 to $250,000 $250,001 to $299,999 $300,000 to $350,000 $350,001 to $399,999 $400,000 to $450,000 $450,001 and above One Time Stipend 1% of Salary 1.5% of Salary 2% of Salary 2.5% of Salary 3% of Salary 3.5% of Salary
If the employees within this unit do not receive a stipend in November 2014 equaling the maximum of 3.5% of their salary, then the balance of what they did not receive will be available for an additional potential one-time stipend in November 2015. This additional potential stipend will be calculated based on the same thresholds described in the chart above based on any unbudgeted onetime revenues received in Fiscal Year 2014-2015. Accordingly, the City must also receive a minimum of $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2014-2015 in order for employees to be potentially eligible for this additional stipend. If in Fiscal Year 2013-2014 onetime unbudgeted revenues are not sufficient to trigger any stipend, any one-time unbudgeted revenues that the City receives during Fiscal Year 2013-2014 shall be carried over to Fiscal Year 2014-2015 for the purposes of calculating the additional stipend. In no event shall employees receive combined stipends that exceed 3.5% of salary. The City agrees to provide the Union with copies of Quarterly Reports for purposes of identifying one-time revenues the City receives. 4.1.1 Definition of One-Time Revenues Non-recurring General Fund revenues not already included in the Fiscal Year 2013-2014 approved budget fitting into one or more of these categories: (1) sales tax receipts of $200,000 or more associated with single large transactions not expected to recur; (2) reimbursements for costs incurred in prior fiscal years; and (3) net proceeds from land sales.
5. 5.1
Benefits Medical Insurance The City will provide a medical insurance plan through Kaiser Permanente, and will make every reasonable effort to maintain a second option through a NonKaiser HMO plan that allows members to choose their physician based on that physicians ability to accept coverage through said plan. Additionally, the City will explore providing multiple co-pay options. Citys contribution toward Kaiser Permanente Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) $628.05 per month Employee plus one (dual) $1,256.14 per month Employee plus two or more (family) $1,777.47 per month Effective January 1, 2014 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) Employee plus one (dual) Employee plus two or more (family) $675.15 per month $1,350.35 per month $1,910.78 per month
10
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) $791.27 per month Employee plus one (dual) $1,582.51 per month Employee plus two or more (family) $2,239.27 per month Citys contribution for regular part-time employees The Citys medical insurance premium contribution shall be pro-rated for represented part-time employees. 5.2 Retiree Medical Insurance A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below: 1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty (20) but fewer than twentyfive (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retirees spouse. Within the confines of Retiree Medical Insurance, the term full-time regular City service shall also include hourly service for those full-time employees who transitioned from hourly status to regular status during the period of 1994 through 1998. A retired employees spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to
2.
3.
4.
5.
11
participate in the Citys offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee. 6. The Citys contribution toward retiree health insurance, and the retiree and/or retirees spouses participation in the Citys offered retiree health insurance, shall end at the end of the month following the retired employees sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the Citys contribution toward the surviving spouses monthly premium shall continue until the end of the month following what would have been the retired employees sixty-fifth (65th) birthday. Exclusions The benefits described above shall apply to all current and future retirees except for the following exclusions: a. b. c. d. e. Retirees who do not retire directly from City service; or Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or Retirees who fail to comply with any requirements as described in verifications; or Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement. Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or
7.
8.
Verification Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility. Employees hired on or after January 1, 2012 will be provided an optional Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute $75 per month. Participation in the plan is not required by the employee; however employees will not be eligible for the matching City funds of seventy-five dollars ($75) per month absent the required employee contribution of seventy-five dollars ($75) per month.
B.
12
C.
Employees hired before January 1, 2012 may opt to enroll in the Retirement Health Savings (RHS) plan at their own expense. No City funds will be contributed to the RHS plan for employees hired prior to January 1, 2012.
5.3
Dental Insurance The City shall maintain the existing dental insurance benefits throughout the term of this Agreement. The City shall contribute all dental insurance premiums on behalf of represented full-time employees. The Citys dental insurance premium contribution shall be pro-rated for represented part-time employees.
5.4
Medical and/or Dental Alternative An employee eligible for the Citys sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, two-three-hundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. An employee eligible for the Citys sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00). A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time represented employee.
5.5
Life Insurance All regular full-time employees represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of seventy-five thousand dollars and zero cents ($75,000.00). All regular part-time employees represented by this bargaining unit shall be insured under a group policy paid by the City in the amount of twenty-five thousand dollars and zero cents ($25,000.00).
5.6
Long-Term Disability Insurance The City provides a long-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of fourteen thousand one hundred sixty-seven dollars and zero cents ($14,167.00) after a one hundred eighty (180) day waiting period, for disabilities occurring on and off the job.
13
The City provided through September 30, 2005 a short-term disability insurance plan for regular full-time employees. This plan provides for sixty percent (60%) of the monthly salary, to a maximum monthly salary of seven thousand dollars and zero cents ($7,000.00) after a thirty (30) day waiting period, for disabilities occurring on or off the job. Beginning October 1, 2005 there shall no longer be offered a short-term disability insurance plan. 5.7 State Disability Insurance The City participates in the State Disability Insurance program for all employees represented under this Agreement, at the expense of the employee. Deferred Compensation Effective July 1, 2007 the City will make a matching contribution to a 457 deferred compensation plan for participating regular full-time employees up to a maximum of fifty dollars and zero cents ($50.00) per month. The City will make a matching contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of twenty-five dollars and zero cents ($25.00) per month. Retirement All current and new employees will be covered by the Public Employees Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA). A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.
5.8
5.9
The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula: a. b. c. d. e. B. One Year Final Compensation (Section 20042) Annual Cost-of-Living Increase at 3% (Section 21335) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691) For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a
14
thirty-six month period (3 year average) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula: a) b) c) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share. C. For all represented employees hired on or after January 1, 2013, who are considered new members under California Government Code Section 7522.04(f), shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, new members shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.
5.10
Health Club Reimbursement The City provides reimbursement toward health club membership dues in the amount of twelve dollars and fifty cents ($12.50) per month. The employee must provide proof of attendance at least six (6) times per month to receive reimbursement. Section 5.10, Health Club Reimbursement, ends June 30, 2003. Education Reimbursement When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of one hundred percent (100%) of tuition charges, fees, the cost of textbooks and supplies or two thousand four hundred dollars ($2,400), whichever is lower, each calendar year the employee is enrolled in approved training. Additionally, the City will reimburse fifty percent (50%) of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between two thousand four hundred dollars ($2,400) and three thousand dollars ($3,000). Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of C or better or in cases of courses offered as pass/fail, a grade of pass. Costs for education reimbursement come from each individual department budget.
5.11
15
5.12
Employee Assistance Program The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per year. Workers Compensation Salary Continuation Employees are covered by Workers Compensation benefits pursuant to the statutes of the State of California. Over and above the workers compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees sixtieth (60th) calendar day of work loss. After the sixtieth (60th) calendar day, benefits shall be paid pursuant to the statutes of the State of California. Social Security All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with the schedules provided by the Federal Government. Joint Labor-Management Committee The City and AFSCME agree to establish a joint Labor-Management Committee, whose purpose is to review and evaluate health insurance plan design (i.e., not premiums or employee/employer contributions). Although not represented under this collective bargaining unit, the City shall invite other bargaining units to participate in this joint Labor-Management Committee with the parties intent that there is a single Labor-Management Committee with this defined purpose. If through the JLMC process the parties decide to move the employees in this unit into a health plan that has actual premium costs that fall below the City contribution amounts provided in 6.1, any amount below the applicable City contribution shall be provided to the employee in the form of a contribution to their Retirement Health Savings (RHS) plan or another vehicle agreed to by the parties. For example, if a new plan provides an actual 2015 Kaiser single party premium of $600 per month, any employee who selects that plan for January 2015 shall receive a contribution of $108.91 per month to their RHS plan. If on the other hand, the new plan provides a premium for 2015 Kaiser single party of $708.91 or greater, an employee shall receive no contribution towards their RHS plan for the selecting that medical plan option.
5.13
5.14
5.15
6. 6.1
Incentives and Differentials Uniform Allowance Employees who are required by their department head to wear a uniform shall be provided with work uniforms at City expense. Uniforms will be replaced, as needed, thereafter.
16
Work uniforms shall be appropriate for the typical functions performed and consistent with good safety practices. The department heads shall determine the color, style and lettering on the uniforms to be worn by their subordinates, subject in each case to the approval of the City Manager. The City shall furnish as an initial issue to each regular employee three (3) sets of work uniforms (shirts and pants), which also may include depending on the job function one (1) cold weather coat, two (2) sweatshirts and/or one (1) pair of safety shoes. The employee shall be responsible for laundering and mending their work uniforms at their expense. Whenever a work uniform, or a part thereof, is worn out or damaged beyond repair, the employee shall turn said work uniform in to his/her department head and shall be issued replacement work uniforms therefore. 1. Employees of the Public Works Department may be provided protective shoes and/or clothing dependent upon their typical functions. The type and style of such protective shoes/clothing shall be determined by the Public Works Director. The City can meet its obligations under this Section by contracting with a uniform services firm to provide and launder work uniforms.
2.
6.2
Standby Pay In order to provide emergency service during evenings, weekends, and holidays, Teamsters agrees that Maintenance Workers (I, II and Leads) and Electricians shall make themselves available to respond to emergency calls. The employee scheduled for primary standby shall receive three hundred dollars ($300) for each primary standby shift. The employee scheduled for secondary standby shall receive two hundred and fifty dollars ($250) for each secondary standby shift. A standby shift is a one-week period that begins at the end of the employees Friday shift. The employee scheduled for holiday secondary standby shall receive oneseventh (1/7th) of the secondary standby weekly rate. Holiday secondary standby is when a third Maintenance Worker (I, II and Lead) or Electrician has been assigned standby duty on a holiday provided to full-time employees as outlined within this collective bargaining agreement (excludes floating holidays). An employee on standby receives an additional eight (8) hours of compensatory time off at their regular rate of pay when on standby on Thanksgiving or Christmas.
6.3
Working Out of Classification
17
Department heads may, from time to time, because of vacancies, leaves of absence and other reasons, require an employee to work in a position which has a higher rate of pay than the employees regular position. Whenever such an assignment last longer than seven (7) calendar days, the employees pay shall be adjusted for the eighth (8th) and subsequent days of such assignment. For the eighth (8th) and subsequent days, the employees pay shall be at that rate the employee would receive were he/she were promoted to the higher paying position. This paragraph shall apply only to full-time substitution in a position, involving a temporary abandonment of the employees regular work. Department heads may, from time to time, because of increased duties which would normally be outside of the employees assigned classification, increase the employees pay by five percent (5%) for the duration of the increased duties when such assignment lasts longer than seven (7) calendar days. Holidays, days off, and off duty and standby shifts, shall not be considered as interrupting the consecutiveness of working out of classification. Every instance involving extra pay to an employee for working in a higher classification must have the approval of the City Manager. 6.4 Shift Differential The City agrees to pay Water Plant Operator grade 3s a shift differential of one dollar and seventy-five cents ($1.75) per hour for working the hours of 5:00 p.m. to 10:59:59 p.m. and three dollars and fifty cents ($3.50) per hour for working the hours of 11:00 p.m. to 6:59:59 a.m. This differential shall be paid through payroll as other incentives are paid. Education Incentive A three hundred dollar ($300) per month salary incentive shall be granted to Water Plant Operator grade 3s who receive and maintain a Treatment Grade III State of California Certification. A five percent (5%) salary incentive shall be granted to Water Plant Operator grade 3s who receive and maintain a Treatment Grade IV Certification. Service Award A regular full-time employee shall receive in December, if currently employed, service award pay based upon his/her total years of continuous City service, based on the following timetable and amounts: Years of City Service 10 years 15 years 20 years 25 years 30 years 35 years Service Award Amount $200 $300 $400 $500 $600 $700
6.5
6.6
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40 years 45 years
$800 $900
6.7 Certification Pay The City agrees to pay an employee represented under this collective bargaining agreement special certification pay in the following amount; provided, however, an employee receive the greater of either the certification pay for a single item from the following list or the combined certification pays of multiple items from the following list provided; however, that such combined certification pays shall not exceed five percent (5%) total: a. Maintenance Worker I shall receive two percent (2%) per month for possession of a California class A or California class B drivers license with air brake and tank endorsements; b. Maintenance Worker I shall receive two percent (2%) per month for possession of a California D-1water distribution certificate or five percent (5%) per month for a California D-2 water distribution certificate. c. Maintenance Worker I shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 1 certificate or five percent (5%) per month for a California Water Environmental Associations Collection System Maintenance grade 2 certificate. d. Maintenance Worker II shall receive two percent (2%) per month for possession of a D-1 water distribution certificate or five percent (5%) per month for a California D-2 water distribution certificate; e. Maintenance Worker II Facilities & Utilities shall receive eight percent (8%) per month for possession of a D-3 water distribution certificate; f. Maintenance Worker II shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 2 certificate or five percent (5%) per month for a California Water Environmental Associations Collection System Maintenance grade 3 certificate. g. Maintenance Lead Worker shall receive two percent (2%) per month for possession of a California D-2 water distribution certificate. h. Maintenance Lead Worker shall receive five percent (5%) per month for possession of a California D-3 water distribution certificate. i. Maintenance Lead Worker Facilities & Utilities shall receive eight percent (8%) per month for possession of a California D-4 water distribution certificate.
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j.
Maintenance Lead Worker shall receive two percent (2%) per month for possession of a California Water Environmental Associations Collection System Maintenance grade 3 certificate.
k. An employee who is certified and authorized by the City Manager or designee to train other City employees on the proper use of a front end loader, skid steer loader and a backhoe shall receive two percent (2%) per month. l. An employee who is certified and authorized by the City Manager or designee to train other city employees on the proper use of a narrow isle forklift, lift truck, and powered pallet jack shall receive two percent (2%) per month.
m. A Maintenance Worker I/II Environmental Services who possesses a State of California Qualified Applicator Certificate shall receive two percent (2%) per month. n. Water Quality Analyst shall receive five percent (5%) per month when assigned designation of Water Treatment Plant Lab Director. 7. 7.1 Vacation Vacation Accrual The vacation accrual rate for regular full-time employees shall be: Years of City Service 0-5 Years 6-10 years 11 years 12 years 13 years 14 years 15-19 years 20 and more years Accrual Rate Accrue 3.08 hours per pay period (10 days) Accrue 4.62 hours per pay period (15 days) Accrue 4.92 hours per pay period (16 days) Accrue 5.23 hours per pay period (17 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Accrue 6.15 hours per pay period (20 days) Accrue 7.69 hours per pay period (25 days)
Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified full-time employee. 7.2 Use of Vacation Vacation shall be taken at such time as is mutually convenient for the department and the employee.
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1.
Maximum Accumulation The maximum accrual allowed is two hundred forty (240) hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback. a. Effective July 1, 2014 the maximum accrual allowed is two hundred and sixty (260) hours.
2. 3.
Double Compensation Prohibited Employees shall not work for the City during their vacation. When Scheduled The time at which an employee takes his/her vacation will be determined with due regard for the wishes of the employee, the date of application for a specific vacation period, the department seniority of employees, and with particular regard for the needs of the department.
7.3
Minimum Use Employees must use a minimum of forty (40) hours of vacation per year. Any exception to this section must be approved by the City Manager to be eligible for vacation buyback. Vacation Buyback Employees may receive vacation pay in lieu of paid time off. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that buyback will result in increased cost-effectiveness and efficiency to the City as determined by the City Manager. Employees are only eligible for one such approval in a twelve (12) month period and only one (1) buyback per fiscal year. Each vacation buyback shall be limited to a maximum of eighty (80) hours and will be at the employees regular rate of pay. Vacation hours bought back shall be paid at the employees normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the eighty (80) hour limit in urgent and/or emergency situations. Effective July 1, 2013 the total City-wide allocation for the buyback program will be $185,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests. At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $185,000, employees will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceed $185,000, request hours will be pro-rated and employees paid accordingly. Should this occur, employees will be credited with vacation hours in excess of those hours determined eligible for the buyback program.
7.4
21
Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. 7.5 Holidays Falling During Vacations When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employees compensation for that day shall be holiday and shall not be paid or charged as vacation. Vacation Accrual for Transitioned Employees Accumulation for vacation benefits Employees who have transitioned from temporary status to regular employee status shall accrue vacation benefits based on their total years of service (since their most recent temporary employee hire anniversary). This benefit shall only apply for time spent in full-time temporary employment before their transition to regular appointment.
7.6
8. 8.1
Sick Leave Sick Leave Accrual All full-time regular employees shall accrue 3.69 hours sick leave per pay period (twelve days per year), up to a maximum accrued and unused sick leave of two thousand (2,000) hours. All part-time regular employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each pay period exceed 3.69 hours, nor shall the maximum accrued and unused sick leave balance exceed two thousand (2,000) hours. Employees may not borrow on unearned sick leave. No payment shall be made for accrued and unused sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to PERS service credit.
8.2
Personal Necessity Leave An employee may use a maximum of thirty-two (32) hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this
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section, personal necessity shall mean the employee requests leave from his/her work to attend to personal business that cannot be dispensed with during off duty time. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the employees department head. Personal necessity leave is considered use of sick leave. 8.3 Sick Leave Incentive A full-time employee who uses no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation, with a maximum accrual during any one (1) year to be sixteen (16) hours. Holidays Full-Time Employee Holidays All regular full-time employees will be entitled to the following fifteen (15) holidays of eight hours each per year: Day/Date 1. January 1 2. Third Monday in January 3. February 12 4. Third Monday in February 5. March 31 6. Last Monday in May 7. July 4 8. First Monday in September 9. Second Monday in October 10. November 11 11. Fourth Thursday in November 12. Day following Thanksgiving 13. December 25 14. Sixteen (16) hours of floating holiday Holiday Name New Years Day Martin Luther King Lincolns Day Washingtons Day Cesar Chavez Day Memorial Day Independence Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day
9. 9.1
An employee hired or promoted to a regular position after June 30th shall receive only eight (8) hours of floating holiday during the first calendar year such regular position appointment. Holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling during the week will be observed on the actual day. In the case of an employee whose regular day off occurs on the holiday, the employee shall have eight hours holiday credited to his/her compensatory time off balance. Floating holidays must be taken during the calendar year in which earned or will be lost.
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9.2
Part-Time Employee Holidays All regular part-time employees will be paid on a pro-rated basis depending upon their designated hours of work, for the holidays defined above when any such holiday falls on a regularly scheduled work day. All regular part-time employees will receive a pro-rated number of floating holiday hours based on their designated hours of work, and such hours shall be based on the total floating holidays defined above. Work Performed on Holidays An employee who is eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive eight (8) hours straight time holiday pay plus the overtime rate for work performed on the holiday. (Normal overtime provisions as outlined within this agreement still apply.) An employee who is not eligible for overtime compensation and who is assigned by his/her department head, or designee, to work on any of the holidays listed above shall receive his/her regular pay for time worked on the holiday and shall have eight hours holiday credited to his/her administrative leave account and said hours shall be used by December 31st of the year credited, otherwise the hours shall be forfeited.
9.3
9.4
Holiday Schedule for Regular Water Plant Operators grade 3 The holiday schedule for regular full-time Water Plant Operators grade 3 shall be as specified below: Day/Date Holiday Name 1. January 1 New Years Day 2. Third Monday in January Martin Luther King 3. February 12 Lincolns Day 4. Third Monday in February Washingtons Day 5. March 31 Cesar Chavez Day 6. Last Monday in May Memorial Day 7. July 4 Independence Day 8. First Monday in September Labor Day 9. Second Monday in October Columbus Day 10. November 11 Veterans Day 11. Fourth Thursday in November Thanksgiving Day 12. Day following Thanksgiving 13. December 25 Christmas Day 14. Sixteen (16) hours of floating holiday When a regular full-time Water Plant Operator grade 3 works on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours holiday paid at the overtime rate.
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When a regular full-time Water Plant Operator grade 3 does not work on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours credited into his/her compensatory time off balance. In the event the Water Plant Operator grade 3 has reached the maximum compensatory time off balance as specified in this Agreement, then the Water Plant Operator grade 3 shall not receive the hours credited into his/her compensatory time off account but shall receive the hours paid as additional earnings. When a regular full-time Water Plant Operator grade 3 does not work on one of the above holidays (excluding floating holidays) then the Water Plant Operator grade 3 shall receive eight (8) hours credited into his/her compensatory time off balance. In the event the Water Plant Operator grade 3 has reached the maximum compensatory time off balance as specified in this Agreement, then the Water Plant Operator grade 3 shall not receive the hours credited into his/her compensatory time off account but shall receive the hours paid as additional earnings. 10. 10.1 Catastrophic Leave Purpose of Catastrophic Leave The Catastrophic Leave Program is designed to assist regular employees, regardless of bargaining unit representation, who have exhausted paid time credits due to the employees or immediate family members serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury. Catastrophic Leave Definitions 1. Catastrophic Illness or Injury A medically certified illness, injury, impairment, physical or mental condition of the employee or the employees immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more. 2. 3. 10.3 Leave to be donated Vacation or sick leave. Immediate Family Member shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in-law.
10.2
Catastrophic Leave Eligibility 1. 10.3.1 Donors Only regular employees are eligible to donate accrued vacation or sick leave.
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2.
Donating employees may not reduce their balance of earned vacation below forty (40) hours or sick leave below forty (40) hours by reason of such donation. 10.3.2 Recipients Only regular employees may participate in the Catastrophic Leave program. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human Resources Department with the application. All accumulated time, sick leave, vacation time, compensatory time, and other available paid time off balances must have been exhausted. A request for leave of absence without pay for medical reasons has been submitted and approved. Request for participation in the program shall be made on an application for Catastrophic Leave Program form, available from the Human Resources Department.
1. 2.
3. 4. 5.
10.4
3. 4. 5. 6. 7. 8.
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11.
Bereavement Leave
Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, step-children, step-parents, half-brothers, half-sisters, fathers-in-law, and mothers-in-law. Time off for funerals may be taken only within five (5) calendar days before and after the date of the actual funeral or service. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials, employees, or other family members of the employee not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, compensatory time, and/or sick leave. 12. 12.1 Probationary Period Objective of the Probationary Period The probationary period shall be regarded as part of the selection process and shall be utilized for closely observing the employees work, for securing the most effective adjustment of a new employee to his/her position, and for releasing any probationary employee whose performance in the opinion of the City Manager, City Managers designee, and/or appointing authority does not meet the required standards of work. Nothing in this policy is intended to limit the reasons for which an employee may be released during the probationary period. Release of an employee during the probationary period may be with or without cause and with or without prior notice to the employee. Probationary Period All original and promotional appointments to a regular position, excluding at-will employees, shall be tentative and subject to a probationary period of twelve (12) months of active duty from the date of probationary appointment or promotion. Days absent without pay during the probationary period shall extend the probationary period by the same number of days so as to result in a probationary period of active working duty for the required twelve (12) months of active duty. Employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the same position into which transferring, provided the employee has completed the employees probationary period in the classification at the time of transfer. During the probationary period, the employee may be released at any time by the City Manager, City Managers designee, and/or appointing authority with or without cause and with or without prior notice. An employee released during the probationary period has no right to appeal or grieve the release.
12.2
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The probationary period may exceed twelve (12) months of active duty when the extension is by mutual agreement between the probationer, appointing authority, and (if not the appointing authority) the City Manager. The probationary period shall not exceed eighteen (18) months of active duty. 12.3 Promotional Probationary Period An employee who has previously completed the requisite probationary period and who is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was appointed. If the employee was dismissed from employment during the promotional probationary period, the employee shall not be entitled to such reinstatement rights. Layoff Layoff Policy Whenever the City Manager and/or City Council determines in his/her/their sole discretion that it necessary to abolish any position of employment, the employee holding that position may be laid off, transferred, or demoted without disciplinary action and without the right of appeal. Notification An employee being laid off shall be given at least fourteen (14) days prior notice. Employment Status In each class, employees shall be laid off according to employment status in the following order: temporary, regular part-time, probationary full-time, and regular full-time. In this chapter, probationary status means the probationary period required upon the initial employment with the City leading to a regular position. Vacancy and Demotion Whenever there is a layoff, the City Manager shall first demote an employee to a regular position vacancy, if any, in a lower class for which the employee previously held. All persons so demoted shall have their names placed on a reinstatement list for a period of one year. Upon layoff, regular employees have the right to retreat to a lower class in accordance with this layoff policy. In order to retreat to a lower class an employee must have more seniority than at least one of the incumbents in the retreat class and request displacement action in writing to the Personnel Services Director within seven (7) days of receipt of notice of layoff. An employee retreating to a lower class shall be placed on the salary step representing the least loss of pay. Seniority includes time accrued in regular full-time and regular part-time service. In this chapter, length of service for regular part-time employment is calculated
13. 13.1
13.2 13.3
13.4
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on a pro-rata basis. Employment in a temporary appointment position does not count in calculating seniority. The City Manager after consultation with the department head, in his/her sole discretion, may authorize the retention of an employee, despite that employees position on a seniority list, if the employee is determined to have special skills or knowledge which are required for the effective operation of a critical municipal service. 13.5 Reinstatement List The names of all regular and probationary employees laid off shall be placed on a reinstatement list, provided their performance has been satisfactory; said reinstatement list shall remain in effective for twelve (12) months, unless exhausted sooner. Reinstatement lists shall take precedence over all other employment lists except that employees on such lists shall not have the right to displace working employees. Failure to promptly respond to and accept a reinstatement offer within seven (7) days of the date of the offer shall result in removal from the reinstatement list. Reinstatement will result in removal from the reinstatement list except when reinstatement is in a lower class. 13.6 Reinstatement A former employee appointed from a reinstatement list shall have the following benefits restored: 1. 2. Accrued but unused sick leave. Seniority at the time of layoff for vacation accrual, future reduction in force, and department purposes as defined within department operating procedures (e.g., work schedule preferences, vacation scheduling preferences).
14. 14.1
Disciplinary Action Disciplinary Action Supervisors shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to a written reprimand. In emergency situations supervisors may relieve employees of their duties, pending further action by a department head.
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Department Heads shall be vested with the powers to discipline employees of the department or work unit, and for cause, may discipline up to dismissal from employment. The City Manager shall be vested with the powers to discipline employees, and for cause, may discipline up to dismissal from employment. Any proposed disciplinary action greater than a written reprimand requires prior consultation with the Human Resources Director. The employee shall have the right to request a shop steward, another employee, or bargaining unit representative be present when the employee is called into a meeting that he/she reasonably believes could result in disciplinary action, or where the purpose of the meeting is to propose or impose discipline, or where the purpose of the meeting is to appeal disciplinary action as provided within this section. The City shall send a copy of all disciplinary correspondence to a Union person authorized to receive notices on behalf of the Union (hereinafter called Union Official). Any person disciplined shall be immediately notified in writing of such charges or actions, by U.S. Postal Service mail (with at least mail delivery confirmation) or delivery in person. Any person aggrieved by such action may utilize the Disciplinary Action Appeal Procedure as hereinafter set forth, as a means of appeal from such by the City. Any time limit described in the appeal procedures may be extended only by mutual agreement in writing. Failure by the employee or the employees representative to initiate or appeal within the prescribed time limits shall waive the right of the employee and the employees representative from appealing the discipline. In the case of an appeal, the Citys last answer shall be final and conclusive. The failure of the City to respond to an appeal within the prescribed time limits shall be cause for the employee to automatically appeal the discipline to the next step. 14.2 Disciplinary Action Appeal Procedure for Written Reprimands For all employees, written reprimands may be appealed to the City Manager within seven (7) days of receipt of disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The decision of the City Manager or designee shall be final and conclusive. In the event the City Manager issued the written reprimand, then opportunity to utilize the City Manager Appeal shall still apply.
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14.3
Disciplinary Action Appeal Procedure for Non-Written Reprimands No disciplinary action against an employee, excluding probationary and other atwill employees, shall be imposed unless such action is recommended by the City in a Notice of Proposed Disciplinary Action delivered to the employee either personally or by U.S. Postal Service mail (with at least mail delivery confirmation) and shall contain the following: Notice of Proposed Disciplinary Action 1. A statement of the action proposed to be taken; 2. 3. 4. 5. A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule shall be included with the notice; A copy of the materials upon which the proposed action is based; A statement that the employee has seven (7) days to respond to the author of the Notice either orally or in writing.
The employee or Union Official, upon whom a Notice of Proposed Disciplinary Action has been served, shall have seven (7) days to respond to the author of the Notice orally or in writing before the proposed action may be taken. Upon application and for good cause, the author of the Notice may extend in writing the period to respond. If the employees or Union Officials response is not timely filed, or the employee or Union Official has not requested an extension, the right to respond is lost. Notice of Discipline After the employee or Union Official has responded to the Notice of Proposed Disciplinary Action, or the time to respond has passed, and if the author of the Notice still determines that discipline is appropriate, then the employee shall be provided with a Notice of Discipline. The Notice of Discipline shall include the following: 1. 2. 3. A statement of the action to be taken and the effective date; A copy of the charges, including the acts or omissions and grounds upon which the action is based; If it is claimed that the employee has violated a rule or regulation of the City or department, a copy of said rule or regulation shall be included with the Notice of Discipline or a statement shall be included that copies of said rule or regulation have already been provided to the employee with the Notice of Proposed Disciplinary Action;
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4. 5. 6.
A copy of the materials upon which the action is based or a statement that such materials have already been provided to the employee; A statement addressing the responses to the charges by the employee, if any; and Notification to the employee of his/her right to appeal the imposed discipline.
City Manager Appeal Disciplinary actions may be appealed to the City Manager within seven (7) days of receipt of the disciplinary action. The City Manager or designee (other than the supervisor and/or department head involved) shall review the circumstances and render a written decision within fourteen (14) days upon receipt of the disciplinary action appeal. The City Managers or designees decision may be appealed to an arbitrator by the Union Official as provided below. In the event the disciplined employee reports directly to the City Manager, or the City Manager issued the written reprimand, or the City Manager initiated the disciplinary action as described within this chapter, then the City Manager Appeal shall be heard by the City Attorney. Arbitrator The City Managers or designees decision may be appealed to an arbitrator by the Union within seven (7) days of receipt of the decision. The arbitrator shall be selected from among a list of names not to exceed ten (10) names provided by the California State Mediation & Conciliation Service. The method of selection from said list shall consist of the following process: After a toss of coin to decide which party shall move first, a representative of the City and the Union shall alternatively strike one name from the list until one name remains and such person shall act as the arbitrator. The next to the last name stricken shall be the alternate arbitrator to serve in the event the first arbitrator is not available. The procedure shall be followed until there is an available arbitrator. The costs of retaining the arbitrator and incidental expenses arising from the arbitrator shall be divided equally between the City and the Union. The City and the Union each shall be fully responsible for their own costs and expenses associated with presenting and defending their own case. When an arbitrator has been selected, the City, Union and arbitrator shall begin the arbitration as expeditiously as possible, but not later than seventy-two (72) days from the selection of the arbitrator. The arbitrator shall be governed by the Code of Civil Procedure, Sections 1280 1284.2 in the conduct of the arbitration, unless any provision of this section conflicts, in which case this section shall govern.
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The arbitration shall be closed to the public unless the employee requests in writing a public hearing prior to the time of the hearing. The arbitrator shall be governed by Government Code Section 6250 et seq. and other pertinent provisions of law with respect to the discovery of confidential records, files and memoranda. The arbitrator may modify or revoke a disciplinary action where just cause for the discipline imposed has not been shown or where a violation or omission of procedure for disciplinary action was made in which resulted in substantial prejudice to the employee. The arbitrator shall be without power or authority to make any decision which is prohibited by law or is in violation of the terms of this Memorandum of Understanding. The arbitrator shall not add to, subtract from, disregard, alter or modify any of the terms of this Memorandum of Understanding. The decision of the arbitrator shall: 1. 2. 3. 15. 15.1 Be made in writing within thirty (30) days of the close of the hearing and mailed to the City Manager, City Attorney, and employee; and Be final and binding upon all parties; and Recite the basis for the arbitrators decision.
Grievances Grievance Definition A grievance is any dispute which involves the claimed violation, the (mis)interpretation or (mis)application of the collective bargaining agreement, Personnel Rules, or department rules and regulations, resolutions, or ordinances. A grievant may be an employee, or any group of employees, or a represented bargaining unit. Disciplinary actions, performance evaluations, and other proceedings for which there are alternative appeal procedures or statutory remedies are not grievable. Grievance Procedure A grievance shall be processed in the following manner: Step 1. Within fourteen (14) days of the event or discovery of the event giving rise to the grievance, the grievant will discuss the grievance verbally with the grievants immediate supervisor. For good and sufficient reason, the grievant may initiate
15.2
33
the grievance at Step 2. The grievant will clearly state that a grievance is being initiated, and the parties will discuss the matter and attempt to resolve the grievance. Step 2. If the grievance is not resolved in Step 1, the grievance shall be reduced to writing and presented to the department head within twenty-eight (28) days of the event or discovery of the event giving rise to the grievance. The written grievance shall contain the following: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. name of grievant(s) class title(s) department mailing address(es) a clear statement of the nature of the grievance (citing applicable sections of rules, regulations, resolutions, ordinances or existing practices) the date(s) on which the event(s) giving rise to the grievance occurred a proposed solution to the grievance the date of execution of the grievance form the signature of the grievant(s) the signature of the bargaining unit representative, if such a representative is representing the grievant(s) the date of the discussion meeting in Step 1 and the name of the supervisor involved
The department head will investigate the grievance and confer with the grievant(s) in an attempt to resolve the grievance. The department head will issue his/her decision regarding the grievance in writing within fourteen (14) days of receipt of the written grievance. Step 3. If the grievance is not resolved by the department heads decision in Step 2, the grievant(s) may appeal the written grievance to the City Manager or designee (other than the supervisor and/or department head involved) within fourteen (14) days of receipt of the department heads decision in Step 2. The City Manager or designee will investigate the grievance, confer with persons affected and their
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representatives, if any, to the extent he/she deems necessary and render a decision within fourteen (14) days of receipt of the written decision. 15.3 General Conditions of Grievances 1. The Human Resources Director will act as a central repository for all Step 2 and Step 3 grievance records. 2. 3. Any time limit may be extended only by mutual agreement in writing. An aggrieved employee may be represented by another individual at any stage of the proceedings at his/her request. Both employee and representative (if employed by City) will be entitled to attend proceedings without loss of compensation, should such proceeding conflict with employees and/or representatives normal working hours. Proposals to add to or change the Personnel Rules shall not be considered under this section, and no proposal to modify, amend, or terminate any Memorandum of Understanding between the City and a collective bargaining unit may be considered under this section. Failure by the grievant or grievants representative to initiate or appeal a grievance within the prescribed time limits shall waive the right of the grievant, the grievants representative, and the grievants collective bargaining unit (if any) to initiate or appeal a grievance. In the case of an appeal, the last answer to the grievance shall be deemed to be the resolution to the grievance. Failure of the City to respond to a grievance within the prescribed time limits shall be cause for the grieving party to automatically move the grievance to the next step.
4.
5.
16. 16.1
Overtime Payment The normal workweek for City employees is forty (40) hours in a seven (7) day period. The beginning and end of the work week shall be defined on an individual basis. When an employee has worked in excess of the normal work day or workweek, then said employee shall be compensated at the rate of one and one-half (1-1/2) times the regular hourly rate for all such overtime performed by said employee on behalf of the City. The City shall treat all paid time (excluding holidays), such as but not limited to vacation, sick leave, and compensatory time off, as time worked for the purpose of calculating overtime compensation.
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16.2
Minimum Reportable Periods Minimum reportable periods of overtime shall be fifteen (15) minutes, except when an employee is called out from home for an isolated period of duty, in which case the minimum reportable period shall be two (2) hours. Multiple assignments within a single call out period do not qualify for multiple call out pays. If the multiple assignments within a single call out period exceed the minimum reportable period then the employee shall be paid for all hours worked. If the multiple assignments within a single call out period equal or are less than the minimum reportable period then the employee shall be paid the minimum reportable period.
16.3
Compensatory Time Off Notwithstanding any provisions hereunder contrary, department heads or designees shall be allowed to grant compensatory time off on a time and one-half (1-1/2) basis subject to the following: 1. At the time of the overtime assignment, the employee shall make his/her election to be paid for said time or have said overtime entered into a compensatory time off account. Once overtime is so entered, it cannot be exchanged for pay. No more than two hundred forty (240) hours of compensatory time off can be accumulated and maintained on the employees account at any one time. In determining capability of taking compensatory time off at a given time, due regard shall be given to: a. b. c. the wishes of the employee; date of application for specific time off; and seniority (in the event of multiple requests).
2.
3.
17. City Rights The rights of the City, include but are not limited to, a) the exclusive right to determine the mission of its constituent departments, commissions, and boards; b) to set standards of service; c) determine the procedures and standards of selection for employment; d) to direct, discipline and discharge its employees in accordance with law and existing ordinances, rules and regulations; e) to relieve its employees from duty because of lack of work or for other lawful reasons; f) to determine the content of job classifications; g) to determine the methods, means, number and kind of personnel by which its operations are to be conducted, including the performance thereof by subcontract; h) to administer the Citys personnel system; I) to maintain the efficiency of governmental operations; j) to take all necessary actions to carry out its mission in
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emergencies; k) to exercise complete control and discretion over its organization and the technology of performing its work; l) to determine methods of financing. 18. Severability If any provision of this Memorandum of Understanding should be found to be invalid, unlawful or unenforceable by reason of any existing or subsequently enacted legislation or voter initiative or by judicial authority, all other provisions of this Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. In the event of invalidation of any provision, the City and Unit B agree to meet within thirty (30) days for the purpose of meeting and conferring with respect to such invalidation. 19. Full Understanding Except as otherwise specifically provided herein, the parties agree that this Memorandum of Understanding sets forth the full and entire understanding of the parties regarding all matters contained in this Agreement. It is agreed further, that neither party shall be required to meet and confer with respect to any subject or matter contained herein during the term of this Memorandum of Understanding, except regarding the interpretation of this Memorandum of Understanding. Nothing in this paragraph shall preclude the parties from meeting and conferring during the term of this Agreement upon the mutual agreement of the parties to do so. Mutually agreed upon amendments to this Memorandum of Understanding shall be in writing and must be approved by the City Council. 20. Past Practices The continuation of working conditions and past practices not specifically contained in this Memorandum of Understanding is not guaranteed by this Agreement. Nonetheless, this is the first comprehensive Memorandum of Understanding to be negotiated between the City and the Union and the parties recognize that certain existing working conditions and/or past practices may have been overlooked during the negotiation of this Agreement. If, during the first one hundred eighty (180) calendar days following final approval by the City Council, either party identifies what it believes to be a working condition or a past beneficial practice that was overlooked, the parties shall meet and confer regarding such working condition or past practice. If it is mutually agreed that the practice or working condition did exist and it was overlooked, the parties will amend this Memorandum of Understanding accordingly. If the parties are unable to agree, the dispute will be resolved pursuant to the Citys established impasse resolution procedures. ENTERED INTO THIS _____ DAY OF ____________________, 2013 TEAMSTERS LOCAL 856 CITY OF PITTSBURG
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By____________________ Rudy Gonzalez Business Representative By____________________ Sonny DAmico Negotiation Team Member
By________________________ Joe Sbranti City Manager
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Appendix A 1. The current monthly salary ranges for employees in each classification is: Step A Step B Step C Step D 2998 3148 3305 3470 4847 5089 5343 5610 4281 4495 4720 4956 4480 4704 4939 5186 4480 4704 4939 5186 4480 4704 4939 5186 3343 3510 3686 3870 3343 3510 3686 3870 3870 4063 4266 4479 3870 4063 4266 4479 3343 3510 3686 3870 5032 5284 5548 5848 3870 4063 4266 4479 5476 5750 6038 6340 6216 6526 6853 7196 5675 5959 6257 6570 6570 6898 7243 7605 3870 4063 4266 4479 5700 5985 6284 6598 5196 5456 5729 6015 6015 6316 6632 6964 Step E 3643 5890 5204 5445 5445 5445 4063 4063 4703 4703 4063 6116 4703 6657 7556 6898 7985 4703 6928 6316 7312
Classification Account Clerk, part 1 of 2 Electrician Equipment Mechanic Lead Marina Services Worker Maintenance Lead Worker ES2 Maintenance Lead Worker F&U3 Maintenance Worker I ES4 Maintenance Worker I F&U5 Maintenance Worker II ES6 Maintenance Worker II F&U7 Marina Maintenance Worker Pest Control Specialist Utility Lineworker Utility Technician I Utility Technician II Water Instrument/Maintenance Tech. I Water Instrument/Maintenance Tech. II Water Plant Apprentice Operator Water Plant Operator Water Quality Analyst I Water Quality Analyst II
2 3 4 5 6 7
ES = Environmental Services F&U = Facilities and Utilities ES = Environmental Services F&U = Facilities and Utilities ES = Environmental Services F&U = Facilities and Utilities
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City of Pittsburg Executive Team Benefits & Salary Schedule Effective July 1, 2013 (as amended on September 16, 2013) 1. 2. 2.1 2.2 2.3 POSITIONS COVERED .................................................................................................. 2 SALARIES ...................................................................................................................... 2 Cost of Living Adjustments.......................................................................................... 2 Winter Closure ............................................................................................................... 3 Potential One-Time Stipend ......................................................................................... 3
3. BENEFITS ...................................................................................................................... 4 3.1 Medical ........................................................................................................................... 4 3.2 Retiree Medical hired before September 15, 2007 ................................................... 6 3.5 Dental ............................................................................................................................. 8 3.6 Medical and/or Dental Alternative ................................................................................ 8 3.7 Flexible Benefits Plan ................................................................................................... 8 3.8 Life Insurance ................................................................................................................ 9 3.9 Long-Term Disability..................................................................................................... 9 3.10 Deferred Compensation................................................................................................ 9 3.11 Retirement ..................................................................................................................... 9 3.12 Social Security ............................................................................................................ 10 3.13 Education Reimbursement ......................................................................................... 10 3.14 Employee Assistance Program.................................................................................. 11 3.15 Professional Association Dues .................................................................................. 11 3.16 Service Awards ........................................................................................................... 11 3.17 Uniform Allowance ...................................................................................................... 11 4. 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 5. LEAVES ........................................................................................................................ 11 Administrative Leave .................................................................................................. 11 Vacation Accrual & Usage .......................................................................................... 11 Sick Leave Accrual & Usage ...................................................................................... 13 Personal Necessity Leave .......................................................................................... 15 Holidays/Holiday Pay/Floating Holidays ................................................................... 15 Catastrophic Leave ..................................................................................................... 15 Bereavement Leave .................................................................................................... 17 Compensation (Workers Comp Salary Continuation) Leave .................................. 17 Leave Without Pay ...................................................................................................... 17 STANDARD HOURS OF WORK & OVERTIME ........................................................... 17
Appendix A. ......................................................................................................................... 18
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1.
POSITIONS COVERED This Booklet includes a summary of benefits for all classifications designated as Department Directors, the Deputy City Manager, Assistant City Managers, the Assistant to the City Manager, and the Executive Assistant. All covered positions are at-will appointments, serving at the pleasure of the City Manager. Department Directors and Assistant City Managers are department directors and other positions covered by this Booklet are not department directors. Whenever there exists a conflict between this document and an employment contract, if any, then said employment contract shall prevail.
2.
SALARIES Salary ranges for covered positions shall be as set forth in Appendix A, which is attached hereto and made a part hereof. In accordance with Personnel Rule 12.1, Salary Plan, no person may be paid less than the minimum, nor more than the maximum of the salary range for the class in which employed. Further, because the Executive Team has a salary range, and not salary steps, no persons salary automatically changes when the salary range changes. Advance within a salary range is based on performance and requires the approval of the City Manager. 2.1 Cost of Living Adjustments A. Effective July 7, 2013 the City shall provide a four percent (4%) increase to the following positions: a) Assistant Director of Finance b) Assistant to the City Manager c) Director of Housing and Community Programs d) Director of Power e) Director of Water Utilities f) Executive Assistant g) City Engineer h) Direction of Recreation and Maintenance Services i) Power Company Manager B. Effective July 7, 2013 the City shall provide a two point zero seven five percent (2.075%) increase to the following positions: a) Assistant City Manager b) Director of Finance and Administration c) Director of Records and Council Services
Page 2 of 18
C.
Effective the first pay period in Fiscal Year 2014/2015 (July 6, 2014) the City shall provide a one percent (1%) increase to all salary steps within the unit.
2.2
Winter Closure Beginning July 7, 2013, the City shall implement 40.00 hours of an unpaid winter closure in each fiscal year. This shall be accomplished by a mandatory wage reduction of one point nine two five percent (1.925%). The Winter Closure shall take place sometime during the period of December 15 and January 11 of each fiscal year, and shall consist of forty (40) hours of time off during that time frame. The City shall determine the actual winter closure schedule for each employee in the unit based on the service needs of their department. This winter closure shall become the status quo. To accomplish a one point nine two five percent (1.925%) reduction in pay, bargaining unit members will have their salaries reduced by 1.54 hours per pay period beginning July 7, 2013. The hours will be noted as a separate line item deduction on the employees paycheck and will equal 1.54 times the hourly rate of pay in effect at the time of the deduction. This deduction will not otherwise reduce the bargaining unit members existing base salary amount for City benefit accrual purposes. If a non-exempt employee is called in to work on an unplanned or emergency basis during his or her scheduled holiday closure time, that employee shall be paid overtime for any such hours worked (versus receiving additional holiday closure time to be taken at a later time). 2.2(a) Exclusions The following positions are excluded from the pay reduction and will be required to use leave banks to supplement their pay during the Winter Closure: a) Assistant City Manager b) Director of Finance and Administration c) Director of Records and Council Services The Chief of Police will not be participating in the Winter Closure.
2.3
Potential One-Time Stipend If the City receives $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2013-2014, then the City will provide a one-time stipend to all employees within this unit excluding the Chief of Police. The stipend shall be provided in November 2014 based on the following schedule:
Page 3 of 18
One Time Revenues $200,000 to $250,000 $250,001 to $299,999 $300,000 to $350,000 $350,001 to $399,999 $400,000 to $450,000 $450,001 and above
One Time Stipend 1% of Salary 1.5% of Salary 2% of Salary 2.5% of Salary 3% of Salary 3.5% of Salary
If the employees within this unit do not receive a stipend in November 2014 equaling the maximum of 3.5% of their salary, then the balance of what they did not receive will be available for an additional potential onetime stipend in November 2015. This additional potential stipend will be calculated based on the same thresholds described in the chart above based on any unbudgeted one-time revenues received in Fiscal Year 2014-2015. Accordingly, the City must also receive a minimum of $200,000 or more in unbudgeted one-time revenues (as defined in 5.1.1) in Fiscal Year 2014-2015 in order for employees to be potentially eligible for this additional stipend. If in Fiscal Year 2013-2014 one-time unbudgeted revenues are not sufficient to trigger any stipend, any onetime unbudgeted revenues that the City receives during Fiscal Year 20132014 shall be carried over to Fiscal Year 2014-2015 for the purposes of calculating the additional stipend. In no event shall employees receive combined stipends that exceed 3.5% of salary. The City agrees to provide the Union with copies of Quarterly Reports for purposes of identifying one-time revenues the City receives. 2.3 (a) Definition of One-time Revenues Non-recurring General Fund revenues not already included in the Fiscal Year 2013-2014 approved budget fitting into one or more of these categories: (1) sales tax receipts of $200,000 or more associated with single large transactions not expected to recur; (2) reimbursements for costs incurred in prior fiscal years; and (3) net proceeds from land sales.
3.
BENEFITS 3.1 Medical The City will provide a medical insurance plan through Kaiser Permanente, and will make every reasonable effort to maintain a second option through a Non-Kaiser HMO plan that allows members to choose their physician based on that physicians ability to accept coverage through said plan. Additionally, the City will explore providing multiple copay options. Page 4 of 18
Citys contribution toward Kaiser Permanente Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) $628.05 per month Employee plus one (dual) $1,256.14 per month Employee plus two or more (family)$1,777.47 per month Effective January 1, 2014 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) $675.15 per month Employee plus one (dual) $1,350.35 per month Employee plus two or more (family)$1,910.78 per month Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Kaiser Permanente medical insurance shall be set at: Employee only (single) $708.91 per month Employee plus one (dual) $1,417.87 per month Employee plus two or more (family)$2,006.32 per month Citys contribution toward Non-Kaiser HMO Plan Option In so long as the City maintains the ability to provide a Non-Kaiser HMO Plan option, the City shall provide: Effective January 1, 2013 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) $701.01 per month Employee plus one (dual) $1,402.00 per month Employee plus two or more (family)$1,983.85 per month Effective January 1, 2014 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) $753.59 per month Employee plus one (dual) $1,507.15 per month Employee plus two or more (family)$2,132.64 per month
Page 5 of 18
Effective January 1, 2015 the Citys contribution for a full-time employee and his/her eligible dependents for each level of benefit (single, dual, and family) Non-Kaiser HMO Plan medical insurance shall be set at: Employee only (single) $791.27 per month Employee plus one (dual) $1,582.51 per month Employee plus two or more (family)$2,239.27 per month Citys contribution toward regular part-time employees Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck. The Citys contribution rate will be the above rate regardless of which of the Citys group health plans (Kaiser or Health Net) employees and their dependents participate in. 3.1(a) Exclusions Health benefits provided to the Chief of Police shall be consistent with the Chief of Polices contract.
3.2
Retiree Medical hired before September 15, 2007 A. Effective January 1, 2012 and only for those regular employees hired before January 1, 2012 the City provides contribution/reimbursement toward retiree medical insurance as provided below: 1. Retired employee with a minimum of fifteen (15) but fewer than twenty (20) years of full-time regular City service shall receive the lesser of his/her actual premium amount or fifty percent (50%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty (20) but fewer than twenty-five (25) years of full-time regular City service shall receive the lesser of his/her actual premium amount or seventy-five percent (75%) of the active employee Kaiser premium per month for the retiree only; or Retired employee with a minimum of twenty-five (25) years of fulltime regular City service shall receive the lesser of his/her actual premium amount or one hundred percent (100%) of the active employee Kaiser premium (retiree only or retiree and spouse, whichever is applicable) per month for the retiree and retirees spouse.
2.
3.
Page 6 of 18
4.
Within the confines of Retiree Medical Insurance, the term full-time regular City service shall also include hourly service for those fulltime employees who transitioned from hourly status to regular status during the period of 1994 through 1998. A retired employees spouse (spouse at time of retirement only) who receives no City contribution for spousal health insurance is eligible to participate in the Citys offered retiree health insurance program; provided, however, that the retired employee and spouse agree to fully pay the monthly premium plus an additional two percent (2%) of the monthly premium as a City administrative fee. The Citys contribution toward retiree health insurance, and the retiree and/or retirees spouses participation in the Citys offered retiree health insurance, shall end at the end of the month following the retired employees sixty-fifth (65th) birthday. In the event the retiree passed away before his/her sixty-fifth (65th) birthday then the Citys contribution toward the surviving spouses monthly premium shall continue until the end of the month following what would have been the retired employees sixty-fifth (65th) birthday. Exclusions The benefits described above shall apply to all current and future retirees except for the following exclusions: a. b. c. d. e. Retirees who do not retire directly from City service; or Retirees and their spouses who are included in the Pittsburg Municipal Employees Retirement System of 1948; or Spouses of deceased retirees who remarry an individual not eligible for benefits under this provision; or Retirees who fail to comply with any requirements as described in verifications; or Spousal benefits described in this provision shall only apply to the spouse married to the retiree at the time of retirement. Spousal benefits cannot be acquired after retirement nor can they be transferred to a different spouse as in the case of death or divorce and remarriage; or
5.
6.
7.
8.
Verification Retired employees who do not purchase medical insurance plan made available to retired employees/spouses by the City must submit annually proof of medical insurance. Retired employees and spouses of deceased employees must submit annually verification, on a form furnished by City, of continued eligibility.
Page 7 of 18
B.
Employees hired on or after January 1, 2012 will be provided an optional Retirement Health Savings (RHS) plan, to which the City and Employee shall both contribute $75 per month. Participation in the plan is not required by the employee; however employees will not be eligible for the matching City funds of seventy-five dollars ($75) per month absent the required employee contribution of seventy-five dollars ($75) per month. Employees hired before January 1, 2012 may opt to enroll in the Retirement Health Savings (RHS) plan at their own expense. No City funds will be contributed to the RHS plan for employees hired prior to January 1, 2012.
C.
3.5
Dental The City contributes one hundred percent (100%) of the dental insurance premium for a full-time employee and his/her eligible dependents. Employees working a minimum of one thousand (1,000) hours per fiscal year, but working less than full-time, and their eligible dependents, shall receive pro-rata medical benefits based on scheduled work hours. The remaining medical premium shall be deducted from the employee's paycheck.
3.6
Medical and/or Dental Alternative An employee eligible for the Citys sponsored medical insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving medical insurance coverage from a source other than the City shall have a City monthly contribution of either two-hundred ($200) for single coverage, threehundred ($300) for dual coverage or five-hundred dollars ($500) for family coverage. An employee eligible for the Citys sponsored dental insurance and who opts to waive participation because the employee has provided documentation verifying that they are receiving dental insurance coverage from a source other than the City shall have a City monthly contribution of twenty-five dollars ($25.00). A regular part-time employee represented by this bargaining unit and who elects either the medical alternative and/or dental alternative shall receive one-half (1/2) of the monthly contribution provided to a full-time employee.
3.7
Flexible Benefits Plan The City offers an Internal Revenue Code Section 125 Plan that contains the components of premium conversion, health care reimbursement account, and dependent care reimbursement account. Employee Page 8 of 18
participation is on an optional basis. There is no City contribution toward this plan, although the City shall provide and pay all costs of administering the plan. 3.8 Life Insurance The City provides, at its expense, a Life Insurance/Accidental Death & Dismemberment policy for each employee at the coverage amount of 1&1/2 times their annual salary to a maximum benefit of two hundred fifty thousand dollars ($250,000). Long-Term Disability The City provides, at its expense, long-term disability benefits for covered positions. This plan provides a benefit of 60% of the monthly salary to a maximum salary of fourteen thousand one hundred sixty-seven dollars ($14,167) a month. to a maximum benefit of $8,500 a month, after a one hundred eighty (180) day waiting period. Deferred Compensation Effective October 7, 2007 the City will make a matching contribution to the 457 deferred compensation plan for participating regular full-time employees up to a maximum of fifty dollars and zero cents ($50.00) per month. The City will make a matching contribution to the 457 deferred compensation plan for participating regular part-time employees up to a maximum of twenty-five dollars and zero cents ($25.00) per month. Retirement All current and new employees will be covered by the Public Employees Retirement System (PERS) plans in accordance with the California Public Employees Pension Reform Act of 2013 (PEPRA). A. For all represented employees hired by the City of Pittsburg before July 10, 2011 and enrolled in the Citys non-safety PERS benefit with an effective date before July 10, 2011 the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract. This system, known as the 2% at 55 formula, is described periodically in brochures distributed by PERS.
3.9
3.10
3.11
The City agrees to provide PERS retirement benefits and maintain the following enhancements to the basic PERS 2% at 55 formula: a. b. c. d. e. B. One Year Final Compensation (Section 20042) Annual Cost-of-Living Increase at 3% (Section 21335) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691) For all represented employees hired by the City of Pittsburg on or following July 10, 2011 and enrolled in the Citys non-safety PERS Page 9 of 18
benefit with an effective date of July 10, 2011 or later the employee shall be covered by a pension program provided by the State of California Public Employees Retirement System (PERS) to the City through a contract under the 2% at 60 formula, based on the average monthly pay over a thirty-six month period (3 year average) with a 2% annual cost-of-living increase and as is described periodically in brochures distributed by PERS. The City agrees to provide and maintain the following enhancements to the basic PERS 2% at 60 formula: a) b) c) Military Service Credit as Public Service (Section 21024) Credit for Unused Sick Leave (Section 20965) EPMC as Additional Compensation (Section 20691)
Employees enrolled in the 2% at 55 formula or the 2% at 60 formula shall contribute the entire seven percent (7%) employee share. C. For all represented employees hired on or after January 1, 2013, who are considered new members under California Government Code Section 7522.04(f) shall be in the 2% at 62 CalPERS retirement formula described in Government Code Section 7522.20(a). In addition, new members shall be subject to the equal sharing and contribution requirements in Section 7522.30(a) and (c) and shall pay at least 50% of the normal costs.
3.12
Social Security All non-safety employees shall have coverage under Federal Social Security in accordance with the provisions of law. This program requires contributions by both the employee and the employer in accordance with schedules provided by the Federal Government. Education Reimbursement When, in the opinion of the City Manager, a training course to be taken by an employee will be of benefit to the City, the City Manager may authorize payment by the City of 100% of tuition charges, fees, the cost of textbooks and supplies or twenty four hundred dollars ($2400), whichever is lower, each calendar year the employee is enrolled in approved training. Additionally, the City will reimburse 50% of the direct cost of tuition, books, and supplies, or three hundred dollars ($300), whichever is lower, annually for approved direct costs between $2400 and $3000. Reimbursement of costs associated with training/education will only be made if the employee receives a letter grade of "C", or better or in cases of courses offered as pass/fail, a grade of pass. Costs for education departmental budget. reimbursement come from each individual
3.13
Page 10 of 18
3.14
Employee Assistance Program The City contracts and pays for an employee assistance program providing each employee and their household members with up to eight (8) visits per incident. Professional Association Dues The City pays for membership dues in applicable professional associations, subject to approval of the City Manager. Service Awards A regular full-time employee shall receive in December, if currently employed, service award pay based upon his/her total years of continuous City service, based on the following timetable and amounts: Years of City Service 10 years 15 years 20 years 25 years 30 years 35 years 40 years 45 years Service Award Amount $200 $300 $400 $500 $600 $700 $800 $900
3.15
3.16
3.17
Uniform Allowance The Chief of Police receives a uniform allowance in accordance with that provided to the members of the Police Managers Group.
4. 4.1
LEAVES Administrative Leave Exempt employees receive a maximum of ninety-six (96) hours Administrative Leave each calendar year. Said hours are credited to the employee's Administrative Leave time bank each January 1st such that the January 1st balance is exactly ninety-six (96) hours. This benefit is made available on a "use or lose" basis and as such may not be carried from one calendar year to the next. All requests for Administrative Leave are to be reviewed and approved by the City Manager. 4.2 Vacation Accrual & Usage 4.2 (a) Accruals: The vacation accrual rate for department directors shall be: Years of Continuous Public Sector Service 0-5 Years 6-10 Years 11 Years Accrual Rate Accrue 4.00 hours per pay period (13 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Page 11 of 18
12 Years 13 Years 14 Years 15-19 Years 20 and more years
Accrue 6.15 hours per pay period (20 days) Accrue 6.47 hours per pay period (21 days) Accrue 6.77 hours per pay period (22 days) Accrue 7.08 hours per pay period (23 days) Accrue 8.62 hours per pay period (28 days)
The vacation accrual rate for non-department directors shall be: Years of Pittsburg Regular Service 0-5 Years 6-10 Years 11 Years 12 Years 13 Years 14 Years 15-19 Years 20 and more years Accrual Rate Accrue 3.08 hours per pay period (10 days) Accrue 4.62 hours per pay period (15 days) Accrue 4.92 hours per pay period (16 days) Accrue 5.23 hours per pay period (17 days) Accrue 5.54 hours per pay period (18 days) Accrue 5.85 hours per pay period (19 days) Accrue 6.15 hours per pay period (20 days) Accrue 7.69 hours per pay period (25 days)
Regular part-time employees shall accrue vacation in the amount proportionate to the ratio of scheduled hours of work per work week to the standard work week, but in no case shall the number of days of vacation accrued per year exceed those days allowed for a similarly classified regular full-time employee. 4.2(b) Use of Vacation: Vacation shall be taken at such time as is mutually convenient for the department and the employee. 1. Maximum Accumulation: The maximum accrual allowed is two times annual accrual to a maximum of 360 hours. Accruals will be monitored by the Finance Department. Once the maximum accrual has been reached, an employee will not accrue additional vacation until his/her accrual balance is reduced, by either use or buyback. Double Compensation Prohibited: Employees shall not work for the City during their vacation.
2.
4.2(c) Minimum Use: Employees must use a minimum of 40 hours of vacation per year. Any exception to this rule must be approved by the City Manager to be eligible for vacation buyback. 4.2(d) Vacation Buyback: Employees may receive vacation pay in lieu of paid time-off. Buyback shall only be made at the request of the employee and upon the approval of the City Manager. Approvals will be granted if it is determined that buyback will result in increased cost-effectiveness and efficiency to the City as determined by the City Manager. Employees are only eligible for one such approval in a 12 month period and only one buyback per fiscal Page 12 of 18
year. Each vacation buyback shall be limited to a maximum of 80 hours and will be at the employees regular rate of pay. Vacation hours bought back shall be paid at the employees normal hourly rate of pay at the time of the buyback, excluding any enhancements such as out of class pay. The City Manager may authorize buyback in excess of the 80 hour limit in urgent and/or emergency situations. Effective July 1, 2013 the total City-wide allocation for the buyback program will be $185,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $185,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceed $185,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. Effective July 1, 2014 the total City-wide allocation for the buyback program will be $160,000 per fiscal year. The City shall establish an annual window period for the receipt of vacation buyback requests (November 1 21). At the conclusion of the window period, the City will tabulate the total dollar value of the buyback requests. If the total dollar value is less than or equal to $160,000 employee will receive, upon the City Managers approval, payment as noted above. If the total dollar value of the requests exceeds $160,000, request hours will be pro-rated and employees paid accordingly. (Payment shall be made with the first paycheck of December.) Should this occur, employee will be credited with vacation hours in excess of those hours determined eligible for the buyback program. 4.2(e) Holidays Falling During Vacations: When a day designated and observed by the City as a holiday occurs on a day on which an employee is taking vacation, such employee shall not be charged as using vacation for that day. The employees compensation for that day shall be holiday and shall not be paid or charged as vacation. 4.3 Sick Leave Accrual & Usage 4.3(a) Definitions: Sick leave shall apply only to instances wherein an employee, because of sickness or injury, is unable to perform their regular duties. 4.3(b) Limitations: Sick leave with pay shall be granted to all employees as provided for below. Sick leave may be used for sickness or injury arising out of an employees work for the City, as well as for sickness or injuries which are not work connected. Sick leave shall not be considered as a right which Page 13 of 18
an employee may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness, disability; provided, however, that any employee who engages in any gainful business or employment while on sick leave shall be subject to dismissal. Provided further, that sick leave may not be used if the sickness or injury results from an employees outside employment. 4.3(c) Accruals: Regular full-time employees shall accrue sick leave at the rate of eight (8) hours per month. Regular part-time employees shall accrue sick leave in the amount proportionate to the ratio of scheduled hours of work per week to the standard work week, but in no case shall the number of sick leave hours accrued each month exceed eight (8). 4.3(d) Unused Sick Leave: Unused sick leave may be accumulated. There are no maximum accrual limits for sick leave. No payment shall be made for accumulated sick leave at the time of separation from employment. Upon retirement, unused sick leave is converted to service credit. 4.3(e) Sick Leave Incentive: Employees who use no sick leave in any fiscal quarter shall have four (4) hours credited towards vacation with a maximum accrual during any one (1) year to be sixteen (16) hours. 4.3(f) Verifications: Sick leave for consecutive periods of time exceeding three working days will be allowed only upon presentation to the employee's supervisor of a certificate from a licensed physician stating the nature of the illness and acknowledging the employee's inability to work for the period involved. Notwithstanding the above language, an employee who has been on sick leave for less than three working days may be required to present medical verification of their sickness in the event that the supervisor demonstrates that the employee has a demonstrated pattern of possible sick leave abuse, which includes the use of numerous sick days in conjunction with days off, or establishes that the employee has used a disproportionate number of sick days in comparison to other similarly situated employees, and said illnesses/injuries do not appear to be job-related. 4.3(g) Notifications: Employees must notify their supervisor prior to the beginning of any working shift at which they will not report for work and for which they desire to use sick leave. 4.3(h) Compensation: Full pay and allowances will accrue to employees during periods of authorized sick leave. Page 14 of 18
4.3(i) Unearned Sick Leave: Employees may not "borrow" on unearned sick leave. 4.4 Personal Necessity Leave Employees may use a maximum of 32 hours of accrued sick leave per calendar year for reasons of personal necessity. For purposes of this section, personal necessity shall mean the employee requests leave from their work to attend to personal business that cannot be dispensed with off duty. Personal necessity leave is to be requested in advance and shall be reviewed and (dis)approved by the City Manager. Personal necessity leave is considered use of sick leave. Holidays/Holiday Pay/Floating Holidays All employees shall be entitled to the following paid holidays each year: 1. January 1st New Years Day 2. Third Monday in January Martin Luther King 3. February 12th Lincolns Day 4. Third Monday in February Washingtons Day 5. March 31st Cesar Chavez Day 6. Last Monday in May Memorial Day 7. July 4th Independence Day 8. First Monday in September Labor Day 9. Second Monday in October Columbus Day 10. November 11th Veterans Day 11. Fourth Thursday in November Thanksgiving Day 12. Day Following Thanksgiving Friday following Thanksgiving 13. December 25th Christmas Day 14. Sixteen (16) hours of floating holiday. Holidays falling on a Saturday will be observed on the preceding Friday. Holidays falling on a Sunday will be observed on the following Monday. Holidays falling during the week will be observed on the actual day. 4.6 Catastrophic Leave The Catastrophic Leave Program is designed to assist employees who have exhausted paid time credits due to an employees or their immediate family members serious or catastrophic illness or injury. This program allows other employees to donate time to the affected employee so that he/she can remain in a paid status for a longer period of time, thus partially reducing the financial impact of the illness or injury. 4.6(a) Definitions: 1. Catastrophic Illness or Injury A medically certified illness, injury impairment, physical or mental condition of an employee or an employees immediate family member that prevents an employee from returning to work for a period of thirty (30) calendar days or more. Page 15 of 18
4.5
The term immediate family member shall mean spouse or domestic partner, child, stepchild, adopted or foster child, parent or parent-in-law. 2. Leave to be donated Vacation or sick leave.
4.6(b) Eligibility: 1. Donors a. Only regular employees are eligible to donate accrued vacation or sick leave. b. Donating employees may not reduce their balance of earned vacation or sick leave below forty (40) hours by reason of such donation. 2. Recipients a. Only regular employees may participate in the Catastrophic Leave program. b. Certification from a physician that the illness/injury will preclude the employee from returning to work for at least thirty (30) calendar days must be submitted to the Human Resources Department with the application. c. All accumulated time, sick leave, vacation time and administrative leave must have been exhausted. d. A request for a leave of absence without pay for medical reasons has been submitted and approved. e. Request for participation in the program shall be made on an Application for Catastrophic Leave Program form (available in Human Resources).
4.6(c) Procedures: 1. Donations must be a minimum of one day at a time and submitted on the appropriate donation form. 2. Time donated will be converted from the type of time donated to sick leave and credited to the recipient employees sick leave balance on an hour-for-hour basis and shall be paid at the rate of pay of the recipient employee. 3. Donations, once made, are irrevocable. 4. Any period of donated leave may be counted as Family and Medical Leave time. 5. Employees may not remain on catastrophic leave or receive leave donations for a continuous period exceeding six (6) calendar months. 6. Verification of catastrophic illness must be submitted by a licensed physician to Human Resources. 7. Employees are eligible for this benefit only once during their employment with the City. 8. Employees must have accumulated a minimum of 120 hours of sick leave or 80 hours of vacation time before a donation can be made.
Page 16 of 18
4.7
Bereavement Leave Employees shall be entitled to three (3) working days off with pay whenever there is a death in their immediate family. For purposes of this section, the immediate family shall consist of spouse, domestic partner, children, parents, grandparents, grandchildren, brothers, sisters, stepchildren, step-parents, half-brothers, half-sisters, fathers-in-law and mothers-in-law. Time off for funerals may be taken only within five (5) calendar days before and after the date of the actual funeral or service. In the event an employee desires to take additional time off with pay in excess of that provided for a death in the immediate family, or in the event the employee desires to attend the actual funeral or service of active or retired City officials or employees family members not covered in this section, and if the employee has unused vacation or sick leave, the employee may take such additional time off or, the time necessary to attend such funeral, and charge it against his/her unused vacation, administrative leave, and/or sick leave.
4.8
Compensation (Workers Comp Salary Continuation) Leave Employees are covered by Workers' Compensation benefits pursuant to the statutes of the State of California. For non-safety employees, over and above the Workers' Compensation statutory benefits, the City shall pay full salary on the first day of work loss due to an on-the-job injury/illness and will continue to provide said benefits through the employees' 60th calendar day of work loss. After the 60th calendar day, benefits shall be paid pursuant to the statutes of the State of California. Leave without Pay Employees may receive authorization for an unpaid leave of absence for up to six (6) months, with the approval of the City Manager.
4.9
5.
STANDARD HOURS OF WORK & OVERTIME The City has determined that all Department Directors, Assistant City Manager and City Manager are exempt and are therefore not eligible for overtime in accordance with Title 29, Part 541 of the Code of Federal Regulations, FLSA. During a labor dispute, a natural or war-caused disaster, or other emergency situation, the City Council, by motion, or the City Manager may authorize overtime pay for Department Directors and other supervisors who are customarily not entitled thereto. The Citys standard work week is forty (40) hours.
Page 17 of 18
Appendix A. A. FY 2013-14 monthly full-time salary ranges are: Position Assistant City Manager Assistant Director of Finance Assistant to City Manager Chief of Police City Engineer Director of Finance and Administration Director of Housing and Community Programs Director of Records and Council Services Director of Recreation and Maintenance Services Director of Water Utilities Executive Assistant Power Company Manager B. FY 2014-15 monthly full-time salary ranges are: Position Assistant City Manager Assistant Director of Finance Assistant to City Manager Chief of Police City Engineer Director of Finance and Administration Director of Housing and Community Programs Director of Records and Council Services Director of Recreation and Maintenance Services Director of Water Utilities Executive Assistant Power Company Manager Minimum Maximum 12,475 15,162 9,053 11,004 8,696 10,570 12,313 14,966 11,094 13,485 12,475 15,162 10,778 13,102 8,535 10,375 9,693 11,094 5,092 9,693 11,781 13,485 6,189 11,781 Minimum Maximum 12,351 15,012 8,964 10,895 8,610 10,466 12,313 14,966 10,984 13,352 12,351 15,012 10,671 12,972 8,451 10,272 9,597 10,984 5,042 9,597 11,665 13,352 6,128 11,665
C. Whenever an individual is employed in a listed classification with a monthly salary listed, at less than full-time, then said employee shall receive a pro-rata equivalent of the stated monthly salary.
Page 18 of 18

City Council 16 Sep 13 Agenda

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City Council 16 Sep 13 Agenda

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CITY OF PITTSBURG AGENDA

NOTICE TO PUBLIC COUNCIL COMMITTEE LIST AUDIENCE REMARKS

COUNCIL MEMBER REPORTS/REMARKS

CITY MANAGER REPORTS/REMARKS

City Council Outside Agency/Liaison/Sub-Committees Assignments - 2013

Updated May 20, 2013

STAFF J. Sbranti J. Sbranti J. Sbranti W. Pease G. Evans W. Pease K. Halvorson K. Halvorson

MEETS 3 Thursday st 1 Thursday th 4 Thursday even months

STAFF *Rotational *Rotational J. Sbranti

*Rotational Senior Executive Staff

ATTACHMENTS: Resolution Revised Water Meter Fee Schedule

Report Prepared By: Walter Pease, Director of Water Utilities

Resolution No. 13-

September 16, 2013

Resolution No. 13-

September 16, 2013

Non-AMR Meters $ 79.20 $ 136.91 $ 324.08 $ 459.60 $ $ $ $ $ $ $ $

Meters not listed: actual cost + 8 percent

Report Prepared By: Lynette Darensburg, Administrative Analyst

BEFORE THE CITY COUNCIL OF THE CITY OF PITTSBURG

RESOLUTION NO. 13-

September 16, 2013

Nancy L. Parent, Mayor ATTEST:

Alice E. Evenson, City Clerk

September 16, 2013

Fiscal / Program Year

July 1, 2012 to June 30, 2013

Name of Contact Person:

Lynette Darensburg 65 Civic Ave Pittsburg, California 94565

Authorized Signature: Joe Sbranti, City Manager September 30, 2013

Table 1 Total Funds Expended 2012-2013

CDBG $68,151.48 $139,000.00 $127,430.14 $74,798.89 $0 $10,000.00 $108,002.00 $527,382.51

Other $0 $0 $854,877 $183,827 $234,237 $0 $0 $1,272,941

Total $68,151.48 $139,000.00 $982,307.14 $258,625.89 $234,237.00 $10,000.00 $108,002.00 $1,800,323.51

Administration/Planning** NON-HOUSING SUBTOTAL

CDBG $38,560.00 $0 $0 $0 $38,560.00

CalHome $35,000.00 $0 $0 $1,160.00 $36,160.00

Total $73,560.00 $0 $0 $1,160.00 $74,720.00

New Construction* Administration/Planning HOUSING SUBTOTAL

Table 2 General Public Services Funding for FY 2012-13

Table 4 Non-Homeless Population Funding for FY 2012-13

Table 6 Economic Development Population Funding for FY 2012-13

$ 39,999.96 $20,000.00 $68,151.48

ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING NARRATIVE

PCSI provides fair housing education in the City of Pittsburg

OVERALL ASSESSMENT OF ANNUAL PERFORMANCE

Table 8 Persons Served in Each Category

Total Persons Served

Table 9 Persons Served in Each Category

Deferment of parkland, traffic mitigation and other City fees.

PUBLIC REVIEW AND COMMENTS

PUBLISH DATE: August 28, 2013

Dated: August 13, 2013

_______________________ Alice E. Evenson, City Clerk

Priority Housing Needs/Investment Plan Table A

Priority Need Level High, Medium, Low

High High High Medium High Low High High

150 25 1,250 10 125 N/A 200 40 1705 25 0 25

30 5 250 2 25 N/A 40 8 341 5 0 5

Priority Housing Activities/ Investment Plan Table B

Priority Need Level High, Medium, Low

Priority Community Development Activities Table C Priority Need

Priority Need Level

Multi-Year Goals (5 Years)

STAFF Rotational Rotational J. Sbranti