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CITY OF PITTSBURG
AGENDA
September 19, 2011
CITY HALL COUNCIL CHAMBERS
65 CIVIC AVENUE, PITTSBURG, CA
CLOSED SESSION
5:45 P.M.
REGULAR MEETINGS
7:00 P.M.
CITY COUNCIL
HOUSING AUTHORITY
PITTSBURG ARTS AND COMMUNITY FOUNDATION
PITTSBURG POWER COMPANY
REDEVELOPMENT AGENCY
PRESIDING
Will Casey, Mayor/Chair
Ben Johnson, Vice-Mayor/Vice-Chair
Nancy Parent, Council Member/Board Member
Salvatore Evola, Council Member/Board Member
Dwaine “Pete” Longmire, Council Member/Board Member
FOR HOUSING AUTHORITY:
Dana Leatherwood, Housing Authority Member
Joanne Alvergue, Housing Authority Member
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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. 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. As a courtesy, the agenda and reports are also located on the City’s 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 Clerk’s Office and on the day of the meeting in the Council Chamber at the public counter area below the dais.
NOTICE TO PUBLIC
NOTICE TO PUBLIC
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. |
Fall Prevention Awareness Week
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) |
The City Manager may make brief announcements or informal comments at this time and brief the Council on items of interest. (No Action Required) |
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) |
6. Adoption of a Housing Authority Resolution for Approval of Funds for Twenty-Five (25) Additional HUD-VASH Vouchers
On August 5, 2011, the City of Pittsburg Housing Authority received notification of a funding award of $238,881 to provide twenty-five (25) additional Vouchers to homeless veterans participating in the HUD-Veterans Affairs Supportive Housing (VASH) Program.
7. Adoption of a City Council Resolution for Approval of the 2010-2011 Consolidated Annual Performance and Evaluation Report (CAPER)
The Department of Housing and Urban Development (HUD) requires the City Council to review and approve the 2010-2011 Consolidated Annual Performance and Evaluation Report (CAPER). This report provides a summary on the activities approved by the City Council in the 2010-2011 Annual Action Plan and undertaken in the period from July 1, 2010 to June 30, 2011.
8. Adoption of a City Council Resolution Approving Substantial Amendment of the 2011-12 Community Development Block Grant (CDBG) Annual Action Plan
The 2011-2012 Community Development Block Grant (CDBG) Annual Action Plan was approved on May 16, 2011 by Resolution No. 11-11620. This plan included the CDBG funding recommendations for the 2011-2012 program year. California Network was awarded twenty thousand dollars ($20,000) for the program year 2011-2012. After further discussion with the subrecipient the grant funds will be recaptured and the funds will be reallocated amongst the remaining subrecipients, thus requiring the substantial amendment.
9. Introduction and and Waive First Reading of an Ordinance Amending the City of Pittsburg Municipal Code Title 13 “Waters and Sewers” Relating to Payment Delinquencies and Shutoffs, Owner and Tenant Responsibilities, Vacancies and Control of Backflow and Cross-Connections
Staff is recommending amending Title 13 “Waters and Sewers” of the Pittsburg Municipal Code to require property owners to be responsible for establishing water service accounts and the payment of all water related charges for the property. If adopted, the change would only be applied to accounts established after the effective date of the ordinance. Also, staff is recommending changes to Title 13 that would enable the City to record unpaid water bills as a lien on the property served. Additional miscellaneous minor changes are recommended to sections of Chapter 13.12, Chapter 13.14 and Chapter 13.24 that will extend the period of payment of bills by (5) five days and update or clarify language.
10. Introduction and Waive First Reading of an Ordinance of Approval to Participate in the Voluntary Payment Act Pursuant to California State Legislation ABx1 27
The Redevelopment Agency of the City of Pittsburg (the “Agency”) has actively operated as a redevelopment agency since 1958. During this time, the Agency has assisted in various types of redevelopment projects throughout the Los Medanos Community Development Project Area. On June 29, 2011, the Governor signed into law ABx1 26 (“Dissolution Act”), which automatically suspended redevelopment activities as of the effective date of the bill and subsequently dissolves the Agency and ABx1 27 (the Voluntary Payment Act”) (collectively, the “Legislation”), which provides that the suspension and dissolution provisions of the legislation will not apply to the Agency if the City of Pittsburg (the “City”) adopts an ordinance committing to pay specified amounts for distribution to schools and other taxing entities.
Under the Legislation, the deadline to opt-in to the Voluntary Payment Act is November 1, 2011. If the City does not choose to participate in the AB 27 payment program, the Agency would be dissolved as of October 1, 2011. In such case, an oversight board would direct the disposition of Agency assets with proceeds to be transferred to the Contra Costa County Auditor-Controller for distribution to local school districts and other taxing entities.
In July 2011, the California Redevelopment Association (the “CRA”) filed a suit (the “CRA Suit”) challenging the validity of the Dissolution Act and the ability of the State legislature to enact the Voluntary Payment Act. In response to the CRA Suit, the California Supreme Court ordered a stay on most of the Dissolution Act, excluding the provisions that require suspension of redevelopment activities, and a stay of all of the Voluntary Payment Act, pending a determination of the CRA Suit. Consequently, dissolution of the Agency as of October 1, 2011 is currently stayed, and the adoption of this Ordinance is contingent on a determination by the California Supreme Court that the Voluntary Payment Act is in full force and effect.
Under the Legislation, the deadline to opt-in to the Voluntary Payment Act is November 1, 2011. If the City does not choose to participate in the AB 27 payment program, the Agency would be dissolved as of October 1, 2011. In such case, an oversight board would direct the disposition of Agency assets with proceeds to be transferred to the Contra Costa County Auditor-Controller for distribution to local school districts and other taxing entities.
In July 2011, the California Redevelopment Association (the “CRA”) filed a suit (the “CRA Suit”) challenging the validity of the Dissolution Act and the ability of the State legislature to enact the Voluntary Payment Act. In response to the CRA Suit, the California Supreme Court ordered a stay on most of the Dissolution Act, excluding the provisions that require suspension of redevelopment activities, and a stay of all of the Voluntary Payment Act, pending a determination of the CRA Suit. Consequently, dissolution of the Agency as of October 1, 2011 is currently stayed, and the adoption of this Ordinance is contingent on a determination by the California Supreme Court that the Voluntary Payment Act is in full force and effect.
12. Adoption of a Power Company Resolution Approving and Authorizing the Executive Director to Execute an Amendment and Exhibit Change to the Full Load Service Contract 04-SNR-00688 with Western Area Power Administration
The Pittsburg Power Company (“PPC”), doing business on Mare Island as Island Energy, currently procures electric power for resale from the Western Area Power Administration (“Western”) under Full Load Service (FLS) Contract 04-SNR-00688 as amended on October 2, 2007, which is scheduled to terminate on September 30, 2015. In order for Western to purchase long-term supplemental power for periods extending beyond the FLS Contract termination date, Western amended the FLS contract to extend the service term to September 30, 2020.
13. Adoption of a City Council Ordinance Approving a Master Plan and Amendments to the Zoning Ordinance and Zoning Map for the Pittsburg/Bay Point BART Master Plan
This is the adoption of an ordinance introduced on August 15, 2011, to: 1) amend Pittsburg Municipal Code (PMC) Title 18 to rezone certain properties around the existing Pittsburg/Bay Point BART Station from M (Mixed Use) District to M-P (Mixed Use with a Master Plan Overlay) District; 2) adopt a Master Plan containing a land use, circulation and development standards for the M-P District; and, 3) amend PMC Chapter 18.53 (Mixed Use District) and Chapter 18.78 (Off-Street Parking and Loading) to be consistent with the Master Plan.
14. Adoption of an Ordinance Approving an Amendment to the Retirement Contract by Providing a Lesser Benefit Formula for New Safety Employees Hired After October 29, 2011
On August 15, 2011 the City Council adopted a Resolution of Intention providing notice that the City of Pittsburg intended to amend its contract with the California Public Employees’ Retirement System (CalPERS) to provide a lesser pension formula of “3% at 55” to safety employees hired after October 29, 2011. Also on August 15, 2011 the City Council introduced, waived further reading, and passed to second reading an ordinance to amend its CalPERS contract. The proposed actions finalize the City’s adoption of the lesser pension formula for safety employees hired after October 29, 2011.
15. Adoption of a Foundation Resolution to Approve the Foundation’s Amended Operating Budget for FY 2011-2012
The Pittsburg Arts and Community Foundation, Inc. (Foundation) is requesting that the Board of Directors (Board) amend the adopted Operating Budget for FY 2011-2012. The amendments would require the use of an additional $105,136 in Foundation start-up funds if plans for additional revenue generation do not come to fruition.
16. Adoption of a City Council Resolution to Approve the Award of FY 2011/2012 Street Sweeper Purchase Contract
The City of Pittsburg Public Works Department maintains a fleet with a replacement value of over $6 million. The Department has requested, and received, a price quote for replacement for one (1) street sweeper that is past its useful life, and which has a lower reliability and higher maintenance requirements. The bid exceeds the $150,000 threshold that requires approval of the City Council.
17. Adoption of a Power Company Resolution Approving an Agreement for Attorney Services with Russell Townsend to Provide Legal Services to Pittsburg Power Company and Island Energy
Pittsburg Power Company (PPC) has contracted legal services from Mr. Russell H. Townsend to handle legal matters for Pittsburg Power Company and Island Energy. The existing Agreement for Attorney Services with Russell Townsend expired on June 30, 2011. The Pittsburg Power Company intends to retain his legal services for Pittsburg Power Company and Island Energy for the next two fiscal years, from July 1, 2011 to June 30, 2013.
18. Adoption of a Power Company Resolution to Accept Certain Changes to Island Energy’s Electric and Gas Tariff Schedules
The Pittsburg Power Company (“PPC”), doing business as Island Energy on Mare Island, modifies its Electric and Gas Tariff Schedules as needed to provide better guidelines to its utility operation on Mare Island. In a continuing effort to improve operational efficiency, clarify utility, customer and application responsibilities and to comply with changes in Federal and State laws and regulations, staff is proposing certain changes to the Island Energy Electric and Gas Tariff Schedules.
19. Adoption of a City Council Resolution to Authorize the Execution of Contract 2011-06 for the Construction of Civic Center Improvement Project – Phase 4B
Contract 2011-06, Civic Center Improvement Project, Phase 4B (the “Project”) is for the construction of various improvements in the Civic Center including the completion of the Power Avenue closure at Davi Avenue, way finding signs to the courthouse, city hall and library, pedestrian pathways and parking improvements at the library and overflow courthouse lot. Adoption of this Resolution will accept the plans and specifications for the Project, and award a construction contract to James Breneman, for the base bid amount of $201,462.37.
20. Adoption of a City Council Resolution to Accept Contract 2010-18, Kirker Creek Mitigation Project as Complete and Authorize the City Engineer to File a Notice of Completion
Contract 2010-18, Kirker Creek Mitigation Project, (the “Project”) was awarded to Park West Landscaping of Dublin, California, for the installation of irrigation, trees, and shrubs along the south bank of Kirker Creek as mitigation for the California Avenue Widening Project. 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 to Reject Bids Received for Contract 2010-29, Herb White Way Safe Routes to School Safety Improvement Project
Contract 2010-29, Herb White Way Safe Routes to School Safety Improvement Project (the “Project”) consists of constructing pedestrian safety improvements on Herb White Way. This includes constructing a traffic circle at West Eighth Street, bulb-outs, and other traffic calming and pedestrian safety measures on Herb White Way from West Tenth Street to Marina Boulevard. On August 31, 2011, bids were opened for construction of the Project. Bids received were higher than the amount of funds available. If approved, this resolution will reject all bids and not authorize award of a construction contract for the Project.
22. Adoption of a City Council Resolution to Accept the Plans and Specifications and Authorize the Award of Contract 2009-28, Railroad Avenue Pavement Rehabilitation Project
Contract 2009-28, Railroad Avenue Pavement Rehabilitation Project (the “Project”) is for the rehabilitation of the pavement on Railroad Avenue from Linscheid Drive to the southern City limits. This project would benefit from beginning construction as soon as possible before the rainy season. Pre-authorizing award of a construction contract for this project will allow it to start construction approximately three weeks earlier than through the standard contract award process. If approved, this resolution will accept the plans and specifications for the Project and authorize the City Manager to award a construction contract to the lowest responsible and responsive bidder up to $1,215,000.
The Bay Area Air Quality Management District (BAAQMD) is reportedly considering new rules regarding melting of metal in industrial operations. Staff recommends a letter to the District in support of a balance between environmental regulation and the ability of local businesses to remain competitive in a tough economy.
24. Adoption of a City Council Resolution Approving the Community Development Block Grant (CDBG) Program Guidelines
The City of Pittsburg (the “City’) currently utilizes the Federal guidelines provided by Community Development Block Grant (CDBG) program as the governing document for the overall management of the CDBG program. The Department of Housing and Urban Development (HUD) has recommended the City establish an internal written policy and procedural guideline describing its management of the CDBG program. The guidelines have been established and are being presented to the City Council for approval.
25. Adoption of a City Council Resolution for Approval of an Agreement Between the City of Pittsburg and Blue Delta Inc. for Reimbursement of Funds for Construction of Tenant Improvements
The City of Pittsburg (the “City”) and Blue Delta Inc., a California corporation, doing business as MOMO Restaurant (“Blue Delta”) will enter into a reimbursement agreement of funds for construction of certain tenant improvements (the “Agreement”). The tenant improvements are those consistent with a restaurant space with outdoor dining (the “Project”) located at 610 and 630 Railroad Avenue (the “Premises”). Blue Delta has leased the Premises from Pittsburg Arts and Community Foundation (“PACF”), the master leaseholder.
26. Adoption of a City Council Resolution to Allocate Funding, Accept the Plans and Specifications, and Authorize the Award of Contract 2009-32, Coffee Shop/ Library Expansion Project
The plans and specification for Contract 2009-32, Coffee Shop/Library Expansion Project (the “Project”) are complete and the Project is currently out to bid. This project would benefit from beginning construction as soon as possible before the rainy season. Pre-authorizing award of a construction contract for this project will allow it to start construction approximately three weeks earlier than through the standard contract award process. If approved, this resolution will accept the plans and specifications for the project and authorize the City Manager to award a construction contracts to the lowest responsible and responsive bidder up to $1,405,000. This Resolution will also authorize the re-allocation of unexpended funds from other project accounts into the Project budget.
27. Adoption of a City Council Resolution to Allocate $685,000 from the Pittsburg Regional Transportation Development Impact Mitigation Fee Program to the James Donlon Boulevard Extension Project
The James Donlon Boulevard Extension Project, previously known as the Buchanan Road Bypass Project, is currently in the environmental phase of project development. In order to continue development of this project, staff recommends the City Council allocate $685,000 for the environmental phase of the James Donlon Boulevard Extension Project from the Pittsburg Regional Transportation Development Impact Mitigation Program funds, for a total current project budget of $710,000.
28. Adoption of Foundation Resolution Approving and Accepting a Sublease for Suites D & E of 51 Marina Boulevard
Request for adoption of a Foundation Board (“Foundation”) resolution approving a sublease agreement (“Agreement”) between the Foundation and Lincoln Child Center (“LCC”) for certain real property located at Suite D & E (“Premises”) of 51 Marina Boulevard (“Property”), more commonly known as the Plaza Marina Building. Under the proposed Agreement, the Premises would be subleased to LCC.
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 Pittsburg’s policy is to submit quarterly investment reports to the City Council. Pursuant to that policy, this is the FY 2010-11 fourth quarter investment report.
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