Agenda packet — Pleasant Hill City Council, January 24, 2022 (part 1 of 5)

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JANUARY 24, 2022
REGULAR MEETING – 7:00 PM

VIA TELECONFERENCING
Watch on YouTube at: www.pleasanthillca.org/councilmeeting To provide comments via teleconference, click on the meeting link and enter the meeting ID and Passcode:

Meeting link: www.zoom.us
Meeting ID: 943 9992 9799
Passcode: 823232
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 January 24, 2022
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267 MAYOR MICHAEL G. HARRIS COUNCILMEMBER KEN CARLSON

VICE MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

COUNCILMEMBER MATTHEW RINN
The meeting will be held via teleconference as allowed pursuant to City Council Resolution No. 63-21.

Options for observing the meeting and participating in public comment are provided below.

Public Communication. The public is welcome to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction during the general Public Comment period. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Public Participation Options
1) Watch the Meeting via Youtube Livestream
Watch the meeting live on YouTube at: www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments Before the Meeting
Send written comments to [email protected] (comments received by 4:00 p.m. on the day of the meeting will be provided to the City Council before the meeting). 3) If You Wish to Make a Public Comment During the Meeting When the Mayor invites the public for general comment or comments on specific agenda items, please use the "Raise hand" feature in Zoom (or press *9 if connecting via telephone only) which will alert staff that you wish to speak, and you will be invited to speak when it is your turn. Note that there may be multiple hearing items on the same agenda. There are two ways to join the meeting and make a public comment during the meeting:

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a. Go to www.Zoom.us using your computer and entering the Meeting ID and Passcode provided near the top of this page. You will be placed into the meeting as an Attendee. You will not be seen or heard until it is your turn to speak.
b. Or by calling (669) 900-6833 and enter the Meeting ID and Passcode. Dial *9 to virtually “Raise Hand” in Zoom
We ask that you state your name and city of residence for the record when you start your comments.

When you are making a Public Comment during the meeting, please:
1) Try to be in a room or space without a lot of background noise. 2) Mute your microphone until it is your turn to speak, then mute your speakers while speaking. 3) Have a strong, reliable internet connection or cell phone signal.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please contact the ADA Coordinator 24 hours in advance of the meeting at (925) 671-5221 or via California Relay at 711.

Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available for public inspection by contacting the City Clerk’s office at [email protected] or calling 925-671-5221.

City Council Meeting Recordings and Broadcasts.

Recorded City Council meetings are broadcast on Comcast Channel 28, Wave Channel 29, and AT&T U-Verse Channel 99 on the Wednesday following the meeting. Video recordings are generally available within 48 hours of the meeting, and may be viewed on the City’s website at www.pleasanthillca.org/MeetingVideos and selecting “City Council” from the meeting groups.

Agendas are Available for Review on the City Hall official noticing bulletin board (100 Gregory Lane), at the Pleasant Hill Police Department (330 Civic Drive), the Pleasant Hill Senior Center (233 Gregory Lane), and on the City’s website at www.pleasanthillca.org/agendas. Agenda packets will be available to the public on the City’s website at the same time as they are made available to the City Council.

1. CALL TO ORDER

2. ROLL CALL

3. PRESENTATIONS

3.1 Annual Report on the Activities of the Commission on Aging by Commission Chair Quy Tran

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.) City Council Meeting Agenda Page 3 January 24, 2022

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.

Comments are limited to three minutes per speaker. To participate in the teleconferenced meeting, please see the Public Participation Options above.

7. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.

7.1 Approve Minutes for the Regular City Council Meeting of January 10, 2022

7.2 Approve Checks Dated: January 7, 2022; January 14, 2022

7.3 Approve Appointment Recommendations to the Commission on Aging

7.4 Adopt Resolution No. ___-22 Accepting AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2021

7.5 Adopt Resolution No. ___-22 Awarding the Construction Contract for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 and Authorizing the City Manager to Execute a Construction Contract with Kerex Engineering, Inc.

7.6 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a Professional Services Agreement with Pakpour Consulting Group, Inc., for Inspection Services for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21

7.7 Adopt Resolution No. ___-22 Authorizing the Submittal of a Grant Application for the FY 2021- 2022 SB1383 Local Assistance Grant Program

8. ADMINISTRATION AND FINANCE

8.1 Public Hearing and Adopt Resolution No. ___-22 Declaring Results of Majority Protest Proceedings and Renewing the Pleasant Hill Tourism Improvement District

8.2 Update on Pleasant Hill Crime Statistics by Chief of Police Bryan Hill

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Public Hearing and Adopt Resolution No.___-22 Approving a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit (PLN 21-0294) for the 490 Golf Club Road Project (Choice in Aging – Adult Day Care, Choice in Learning – Child Day Care, and Satellite Affordable Housing Association – 81 Unit Affordable Senior Housing) at 490 Golf Club Road (Assessor Parcel Number 153-030-004)
CEQA: Previously adopted Mitigated Negative Declaration.

City Council Meeting Agenda Page 4 January 24, 2022

9.2 Public Hearing and Introduce Ordinance No. ___ Amending Chapter 9.45 of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices

10. ADJOURNMENT
Next City Council Meeting: February 7, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 10, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

January 10, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
January 10, 2022
City Council Meeting Minutes Page 1 January 10, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on January 6, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. ROLL CALL
Attendee Name Title Status
Michael G. Harris Mayor Present
Timothy M. Flaherty Vice Mayor Present
Ken Carlson Councilmember Present
Sue Noack Councilmember Present
Matthew Rinn Councilmember Present

3. PRESENTATIONS

3.1 Introduction of Interim City Treasurer Andrew Kalinowski Mayor Harris explained the reason for the vacancy of the City Treasurer position and described the process involved to retain Andrew Kalinowski as the Interim City Treasurer. Mr. Kalinowski commented on his professional background and thanked the City Council for the opportunity.

3.2 Proclamation Commending Mary Mc Carthy for Exemplary Service to the City of Pleasant Hill from 2005 to 2021.

Mayor Harris presented the proclamation commending Mary Mc Carthy, Finance Manager, for her exemplary service to the City of Pleasant Hill from 2005 to 2021. Mayor Harris commented on Ms. McCarthy’s accomplishments and expressed his appreciation for her service to the City.

Ms. McCarthy thanked the City Council and staff for working on the Budget Committee.

Each Councilmember expressed their appreciation to Ms. McCarthy for her hard work and guidance during difficult economic times.

June Catalano, City Manager, and Ross Yangwas, Administrative Analyst II, expressed their appreciation to Ms. McCarthy for her service to the City.

5. COUNCIL ANNOUNCEMENTS AND REPORTS
Item 5 taken was taken out of order.

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted via Teleconference on January 6, 2022

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Attachment: January 10, 2022 - Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 January 10, 2022
Mayor Harris reported that he and Councilmember Noack attended the Contra Costa Mayors Conference.

Councilmember Noack provided a brief report on the conference discussion topics.

Vice Mayor Flaherty and Councilmember Carlson reported their attendance at the Contra Costa Mayors Conference.
(B) Other Meetings Attended at City Expense
None

5.2 Announcements from Councilmembers
Mayor Harris commented on the passing of Lori Hefner, a longtime Pleasant Hill resident and spouse to Carol Wu, City Clerk Recorder.

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 The City Channel 29 is moving in February to Channel 1029, a higher level channel with better graphics and better reception;
 A (virtual) Library Town Hall meeting is scheduled for Thursday, January 13, 2022; and  The (virtual) Community Conversation on LGBTQ issues is scheduled for Wednesday, January 12, 2022.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

7. CONSENT CALENDAR
Motion (Noack/Carlson) to Approve all consent items, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.1 Approve Minutes for the Special and Regular City Council Meetings of December 20, 2021

7.2 Approve Checks Dated: December 17, 2021; December 24, 2021; December 31, 2021

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Attachment: January 10, 2022 - Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 January 10, 2022

7.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

7.4 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

7.5 Approve Mayor’s Recommended Appointments of Councilmembers to Various Committees and Boards for 2022 and Ratification of Existing Committees

7.6 Adopt Resolution No. 1-22 Amending the Conflict of Interest Code and Rescinding Resolution No. 4-20

8. ADMINISTRATION AND FINANCE

8.1 Update on the Business Support Programs to Comprise the City's $500,000 Small Business Economic Stimulus Initiative Funded by the American Rescue Plan Act Zach Seal, Economic Development Manager, presented a slideshow on the Business Support Programs. Mr. Seal noted that the programs are funded entirely by Federal American Rescue Plan Act (ARPA) Funds. Mr. Seal explained the Phase I programs to be launched to help small businesses, which include an e-Gift Card Program; the Website Technical Assistance Grants Program (Website Assistance Program); and the Downtown Pedestrian Business Signage Program (Downtown Signage Program).

Mayor Harris asked about the workings of the e-Gift Card Program, which Mr. Seal answered.

Councilmember Noack asked about the allocation of additional funds for the programs and commented on including the businesses across Crescent Drive to be a part of the downtown signage program. Mr. Seal explained that the $500,000 allocation was previous approved by the City Council. He reported that the Downtown Signage Program is currently only for downtown businesses. Mr. Seal said that the e-Gift Card and Website Assistance Programs are available for citywide small businesses.

Vice Mayor Flaherty asked about the timeline and implementation of the e-Gift Card Program and the Website Assistance Program. Mr. Seal responded to Vice Mayor Flaherty’s questions.

Mr. Seal commented that additional time is needed to conduct outreach to businesses to encourage them to sign up for the programs.

Councilmember Rinn said it was important to have the Pleasant Hill Chamber of Commerce as a partner in order to encourage the local businesses to sign up for the programs.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Mayor Harris thanked Mr. Seal and the Economic Development Committee for their hard work.

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Attachment: January 10, 2022 - Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 January 10, 2022

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. 2-22 Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2022/2023 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Ananthan Kanagasundaram, Acting City Engineer, delivered a presentation on the State Transportation Development Act (TDA) Grant Application in the amount of $100,000 for the construction of the Taylor Boulevard and Civic Drive Pedestrian Pathway Improvement Project.

Mr. Kanagasundaram explained the objectives of the TDA grant program, and reported on past grant applications. He explained the budget and proposed timeline for the project.

Councilmember Noack asked about the other roadway project at Taylor Boulevard and Civic Drive. Mr. Kanagasundaram responded that the preference would be to complete the two projects together.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Motion (Carlson/Noack) to Approve item 9.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.2 Presentation on the Status of Construction of the New Pleasant Hill Library Ananthan Kanagasundaram, Acting City Engineer, reported that the library construction is progressing despite the economic impact and delays due to the pandemic. Mr. Kanagasundaram noted that there have been no shut down days. He explained the fiscal impact to date, including major change orders and usage of the contingency funds.

Vice Mayor Flaherty asked about unapproved pending change orders which were not included in the presentation. Mr. Kanagasundaram said that those pending change orders will be presented to the Budget Committee and the City Council shortly. He commented that the construction costs still fall within contingency amount.

10. ADJOURNMENT
Mayor Harris adjourned the meeting in memory of Lori Hefner at 8:31 P.M. The next regular meeting will be held on Monday, January 24, 2022, beginning at 7:00 PM.

CAROL W. WU, CITY CLERK RECORDER

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Attachment: January 10, 2022 - Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JANUARY 7, 2022; JANUARY 14, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Reviewed by: Ross Yangwas, Acting Finance Manager
Approved by: Ross Yangwas, Acting Finance Manager

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Vice Mayor Tim Flaherty, Chair
Councilmember Ken Carlson
DATE: January 24, 2022
SUBJECT: Approve Appointment Recommendations to the Commission on Aging The City Council is requested to approve the following recommendations for appointment:

CITY BOARDS/COMMITTEES/

COMMISSIONS
TERM
Commission on Aging
Belinda Danielson Unfilled Term through April 2022
Michael MacDonald Unfilled Term through April 2023

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CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING AB 1600 REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED JUNE 30,
2021

SYNOPSIS
Staff requests that the City Council signify its review of a State-required annual report on the collection and expenditure of development impact fees through the adoption of a resolution.

DISCUSSION
Background
AB 1600 (Mitigation Fee Act, 1998), codified as Section 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and expend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for annual accounting and reporting of the fees.

Section 66006(b)(1) includes the following specific reporting requirements:

For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund; (B) The amount of the fee;
(C) The beginning and ending balance of the account or fund; (D) The amount of fees collected and interest earned;
(E) An identification of each public improvement on which fees were expended and the amount of the expenditure on each, including the percentage of the cost of the public improvement that was funded with fees;

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(F) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.

Further, Section 66006(b)(2) requires that the local agency governing board review the information made available to the public pursuant to Section 66006(b)(1).

Traffic mitigation fees are the only development impact fees collected by the City, and have been identified as fees subject to Government Code Section 66000 requirements.

Historically in the City of Pleasant Hill, the required governing board review of the annual report of the impact fee has been achieved through the City Council’s acceptance of a report containing the required information and adoption of a resolution confirming acceptance of the report.

Analysis
Attached is a resolution containing, as an exhibit, the report for fiscal year 2020/21 of the information required by Section 66006(b)(1). Detail is provided for all expenditures and transfers made during the fiscal year. Note that the fund detailed in the report includes revenues and expenditures arising from the traffic mitigation development impact fee as well as other revenues and expenditures from other sources such as grants that can be used for the same purposes.

FISCAL IMPACT
There is no fiscal impact from accepting the report of required information.

RECOMMENDED CITY COUNCIL ACTION
Adopt a resolution accepting the AB 1600 Report on Development Impact Fees for Fiscal Year Ended 6/30/2021.

ALTERNATIVES TO RECOMMENDED ACTION
Do not accept the AB 1600 Report on Development Impact Fees for Fiscal Year Ended 6/30/2021.

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ATTACHMENT(S):

Proposed Resolution
Exhibit 1- AB 1600 Development Impact Fees Fiscal Year Ended 6/30/2021 Prepared by: Ross Yangwas, Accountant
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING THE AB 1600 REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED 6/30/2021
WHEREAS, Government Code Sections 66000 et seq. (commonly known as and referred to herein as AB 1600) regulate the imposition, collection, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and WHEREAS, the City has one impact fee collected from developers that is subject to AB 1600’s requirements, the traffic mitigation fee; and
WHEREAS, pursuant to Section 66006(b)(1) the City shall make available to the public certain information regarding impact fees, including a description of the type of fees and the fee amounts; the amount of fees collected and the interest earned for the year; the amount of expenditures and refunds made in the year; and the beginning and ending balances; and WHEREAS, the City has prepared the fiscal year 2020/21 annual report, which has been on file and available for review in the office of the Finance Department since before December 31, 2021.

NOW THEREFORE, BE IT RESOLVED, the City Council of the City of Pleasant Hill hereby accepts the attached AB 1600 Report on Development Impact Fees for the Fiscal Year Ended 6/30/21 (Exhibit 1).

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 24th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (AB1600 report)
Exhibit 1
City of Pleasant Hill
AB 1600 Report on Development Impact Fees
For Fiscal Year Ended 6/30/2021
Pursuant to California Government Code 66006(b), As Amended Fund Balance, July 1 $105,162
Revenues:

Fees* 135,620
Measure J Grant (Gregory Lane/Elinora Drive project) 467,000 Interest 366
Total Revenue 602,986
Expenditures:

Gregory Lane/Elinora Drive project 607,500
Total Expenditures 607,500
Change in Fund Balance (4,514)
Fund Balance, June 30 $100,648
Per Ordinance 627-Fund 08 (effective 1-1-89), Traffic Mitigation fees should be used to pay for improvement of existing streets in order to increase their traffic carrying capacity. Effective 12-3-2003, Ordinance 779 was passed. This Ordinance stated that Traffic Mitigation fees should be used for upgrades, expansions or additions to the City's system of street improvements and related transit, bicycle, and pedestrian facilities. The City has discretion to determine the use of these revenues through the capital improvement program. Permissible use of fee revenue includes but is not limited to:

1. Street widening and extensions;

2. Construction of minor intersection improvements;

3. Upgrades to traffic control devices (traffic signals) including interconnects;

4. Completion of gaps in the street, transit, bicycle and pedestrian facilities; and

5. Improvements to substandard street, transit, bicycle and pedestrian facilities.

In order to differentiate between fees received 1-1-89 through 12-2-2003 and thereafter, we split the fund into Fund 08 (collection of fees effective 1-1-89 through 12-2-03) and Fund 06 (collection of fees 12-3-03 and thereafter). * Traffic Mitigation Fees:

Single-family residential $3,592 per unit
Multiple-family residential $2,880 per unit
Commercial $9.287 per square foot
Office $7.896 per square foot
Industrial $2.912 per square foot
For other uses, Traffic Mitigation Fee is $301 per trip as estimated by Engineering Department. See Municipal Code Section 5.55
City
Fund 06/08
Traffic Mitigation

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Attachment: Exhibit 1 - Report on Development Impact Fees (AB1600 report)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AWARDING THE CONSTRUCTION

CONTRACT FOR THE GREGORY GARDENS STORM DRAIN
REHABILITATION PROJECT NO. 03-21 AND AUTHORIZING THE

CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT
WITH KEREX ENGINEERING, INC.

SYNOPSIS
The Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 will remove approximately 700 linear feet of a private corrugated metal pipe (CMP) storm drain system and replace it with a new, public storm drain pipeline alignment in the Gregory Gardens neighborhood. The purpose of this item is to consider the acceptance of the lowest responsive, responsible bid from Kerex Engineering, Inc. for the project and to seek authorization to award the construction contract.

DISCUSSION
Background
The Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 is part of the City’s Storm Drain Program’s 5-Year Plan and is identified in the approved Capital Improvement Plan FY 2020 – 2025 (CIP). The Gregory Gardens No. 6 subdivision created a private storm drain system in the early 1950’s to collect storm water runoff and discharge it into Grayson Creek and the Contra Costa County Flood Control channel. The approximately 700 linear foot long CMP storm drain system has reached the end of its useful life.

Most of the storm drain pipes are located in private drainage reserves located underneath side yards and backyards of residential properties. In a number of locations, the private CMP has corroded, collapsed and clogged, resulting in pipeline failures, flooding and damage to property. This project will provide a new storm drain pipeline alignment through the subdivision, including, where possible, abandoning sections of the old private storm drain pipe and relocating them to the public right-of-way (ROW) along the roadway. It is necessary for the new storm drain pipeline to remain beneath three private properties, (154 Mazie Drive, 161 Vivian Drive and 1942 Patricia Drive) and these private drainage reserves be converted to public storm drain easements. Staff has successfully obtained the necessary easements from the three affected property owners along the new pipe alignment, allowing the City to maintain and manage the pipeline in the future.

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In 2018, Wreco, a City hired hydraulic consultant completed a 20-Year Storm Drain Master Plan, and this project was identified as a top priority in the report based on flooding, safety concerns and the potential for property damage.

Due to the Wreco report and increasing flooding concerns raised by the property owners in the neighborhood, the City hired LCC Engineering & Surveying, Inc. (LCC) to finalize rehabilitation options and prepare construction documents for a storm drain improvement project in the neighborhood, in order to replace the existing, failing pipeline, as soon as construction funding was approved.

The City Council, at its October 4, 2021, regularly scheduled meeting, approved $1.5 million in American Rescue Plan Act funds to construct the project.

Utilities
The installation of this new drainage system requires PG&E and Contra Costa Water District (CCWD) to relocate any active facilities in conflict with the project. All utility relocation work was completed in September 2021.

Staff identified approximately 520 linear feet of abandoned CCWD asbestos cement water pipeline along Vivian Drive that directly conflicts with the new storm drain pipeline. Due to staffing issues and favorable bid prices, CCWD has requested the City-hired contractor remove and dispose of the abandoned pipe as part of the project scope. CCWD has entered into an agreement with the City to complete this work, and will reimburse the City for all costs incurred. The estimated amount of the reimbursement is $18,200.

Analysis
The Notice Inviting Bids was sent to the construction exchanges on November 23, 2021, for the project and the project was advertised in the Contra Costa Times newspaper on November 30, 2021.

Three bids were received and publicly read on Wednesday, January 5, 2022, at 2:00 p.m. at the Public Services Center.

Per project bid documents, the City will base the project award on the lowest responsive, responsible total base bid. The following table summarizes the base bid amounts. The low bid is marked in bold.

CONTRACTOR BID PRICE
1 Kerex Engineering, Inc. $1,199,636.00
2 Cabobe Brothers Plumbing $1,242,829.50
3 Basset Engineering $1,416,980.50
The Engineer’s Estimate (EE) for the project construction is $1,228,628 and the lowest bidder’s bid is $1,199,636, which is $28,988 less than the EE. A detailed analysis of Kerex Engineering Inc.’s bid revealed that it is within 3.5% of the cost of the next lowest responsive bidder, so its bid price

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was reasonable relative to the EE and the next competitive construction bid received.

Kerex Engineering, Inc. is a reputable contractor based locally in the City of Pleasant Hill and has satisfactorily completed several projects of similar scope within the City of Pleasant Hill, including the 2019 Storm Drain Improvement Project (Oak Park Boulevard at Via Del Sol) and the Shelly Drive Storm Drain Improvement Project. Staff believes that Kerex Engineering, Inc. has the experience and professional competency that will result in a satisfactory product for the City.

CCWD has submitted written notice to the City that they have accepted the costs provided by the lowest responsible bidder for the removal and disposal of the asbestos cement water line.

Kerex Engineering, Inc.’s bid proposal documentation is complete, and staff has determined them to be the lowest responsive, responsible bidder. Bidding rules require that the City Council award the construction contract to the lowest responsive, responsible bidder or reject all bids.

Staff recommends the City Council award the construction contract to Kerex Engineering, Inc.

The project construction cost (base bid) is $1,199,636. It is reasonable to include a construction contingency of fifteen percent (15%) or $179,945, which is typical for a construction project of this type.

Environmental Review
The Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 will remove and replace existing facilities in kind. The new facilities will be located on the same sites as the existing and will have the same purpose and capacity of the current system. Therefore, the Zoning Administrator has determined that the Gregory Gardens Storm Drain Rehabilitation Project No. 03- 21 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301 as a Class 1 categorical exemption and Section 15302 as a Class 2 categorical exemption.

FISCAL IMPACT
The project construction costs are funded by American Rescue Act Funds. The Maintenance Division has confirmed with the Finance Department that monies will be available for this project at the time of construction.

RECOMMENDED CITY COUNCIL ACTION
Adopt resolution to Accept Bid and Award a Construction Contract for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 and Authorize the City Manager to Execute the

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Construction Contract with Kerex Engineering Inc.

ALTERNATIVES TO RECOMMENDED ACTION
No alternatives recommended.

ATTACHMENT(S):

Proposed Resolution
Agreement
Prepared by: Ann James, Maintenance Superintendent
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AWARDING A CONSTRUCTION CONTRACT FOR THE GREGORY GARDENS STORM DRAIN REHABILITATION PROJECT NO. 03-21 AND AUTHORIZE

THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT
WITH KEREX ENGINEERING, INC.

WHEREAS, the City has adopted the FY 2020 – 2025 Capital Improvement Plan which identifies the Gregory Gardens Storm Drain Rehabilitation Project in the 5-Year Storm Drain Program; and
WHEREAS, the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 provides for the removal and replacement of approximately 700 linear feet of storm drain pipeline in the Gregory Gardens neighborhood; and
WHEREAS, the Gregory Gardens Storm Drain Rehabilitation Project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15302 as a Class 2 categorical exemption (replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced such as the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity); and WHEREAS, on January 5, 2022, at 2:00 P.M., the Maintenance staff publicly opened and examined the sealed bids for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21; and
WHEREAS, the Maintenance Superintendent has determined Kerex Engineering, Inc. is the lowest responsive, responsible bidder; and
WHEREAS, The City Council, at its October 4, 2021, regularly scheduled meeting, approved $1.5 million in American Rescue Plan Act funds to construct the project.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:

1. The Kerex Engineering, Inc. base bid of $1,199,636 is found to be the lowest responsive, responsible bid and is accepted and awarded by the City Council at the unit prices set forth in the bid. This bid is on file in the Maintenance Division and incorporated herein by this reference as though set forth in full.

2. Additional contingency funds in the amount of $179,945 are also authorized by the City Council at the unit prices set forth in the Kerex Engineering, Inc. bid.

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Attachment: Proposed Resolution (Award Gregory Gardens Storm Drain Improvement Project)

3. The City Manager is authorized to execute the attached agreement with Kerex Engineering, Inc. for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 24
th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Award Gregory Gardens Storm Drain Improvement Project)

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Attachment: Agreement (Award Gregory Gardens Storm Drain Improvement Project)

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Attachment: Agreement (Award Gregory Gardens Storm Drain Improvement Project)

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Attachment: Agreement (Award Gregory Gardens Storm Drain Improvement Project)

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Attachment: Agreement (Award Gregory Gardens Storm Drain Improvement Project)

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Attachment: Agreement (Award Gregory Gardens Storm Drain Improvement Project)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC., FOR

INSPECTION SERVICES FOR THE GREGORY GARDENS STORM
DRAIN REHABILITATION PROJECT NO. 03-21

SYNOPSIS
This item will consider authorizing the City Manager to execute a Professional Services Agreement with Pakpour Consulting Group, Inc. to perform inspection services for the Gregory Gardens Storm Drain Rehabilitation Project No. 03-21. The project will remove approximately 700 linear feet of a private corrugated metal pipe (CMP) storm drain system and replace it with a new storm drain pipeline alignment in the Gregory Gardens neighborhood.

DISCUSSION
Background
The Gregory Gardens Storm Drain Rehabilitation Project No. 03-21 is part of the City’s Storm Drain Program’s 5-Year Plan and is identified in the approved Capital Improvement Plan FY 2020 – 2025 (CIP). The Gregory Gardens No. 6 subdivision created a storm drain system in the early 1950’s to collect storm water runoff and discharge it into Grayson Creek and the Contra Costa County Flood Control channel. The approximately 700 linear foot long CMP storm drain system has reached the end of its useful life.

Most of the storm drain pipes are located in private drainage reserves located underneath side yards and backyards of residential properties. In a number of locations, the private CMP has corroded, collapsed and clogged, resulting in pipeline failures, flooding and damage to property. This project will provide a new storm drain pipeline alignment through the subdivision including, where possible, abandoning sections of the old private storm drain pipe and relocating them to the public right-of-way (ROW) along the roadway. In portions where storm drain pipeline would remain beneath private properties, these private drainage reserves will be converted to public storm drain easements, so the City can maintain and manage the pipeline in the future.

The City Council, at its October 4, 2021, regularly scheduled meeting, approved $1.5 million in American Rescue Plan Act funds to construct the project.

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Analysis
Staff issued a Request for Proposals for inspection services on November 29, 2021, to three qualified civil engineering firms: Pakpour Consulting Group, Inc. (Pakpour), Park Engineering and Kleinfelder. In response, Pakpour and Park Engineering each submitted project proposals for the City’s consideration.

In order to obtain the most qualified firm for this project, staff reviewed each proposal and conducted oral interviews with both teams. The two firms were ranked as follows:

1. Pakpour Pleasanton, CA

2. Park Engineering Orinda, CA
Pakpour was ranked highest based on the following evaluation criteria: qualification of the project team and members, project understanding, and ability to meet the project schedule.

The Pakpour team has previously completed a number of similar construction inspection projects for the City, including the Oak Park and Monticello Improvement Project, the Pleasant Hill Road (Gregory Lane to Taylor Boulevard) Phase 1, Improvement Project, and the Diablo Vista Water System 12” Main, Phase 1 Replacement Project. Staff believes they have the expertise and professional competency that will result in a successful project delivery within the project schedule and budget. Their experience and knowledge of the City, responsiveness to City staff needs, understanding of the scheduling and priority needs of this project, and ability to provide the necessary qualified and experienced staff team make them the ideal firm to provide these services.

FISCAL IMPACT
Pakpour’s proposal is in the amount of $80,850. The proposal is complete and acceptable considering the scope of the construction inspection services required for the project. It is reasonable to include a contingency of $8,085, bringing the total inspection and testing cost to $88,935. These costs are to be funded using American Rescue Plan Act funds. The Finance Department has confirmed that these funds are available.

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution, authorizing the City Manager to execute a Professional Services Agreement with Pakpour.

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ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

ATTACHMENT(S):

Proposed Resolution
Agreement
Prepared by: Ann James, Maintenance Superintendent
Approved by: June Catalano, City Manager

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RESOLUTION NO. ____ - 22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH PAKPOUR CONSULTING GROUP, INC. FOR INSPECTION

SERVICES FOR THE GREGORY GARDENS STORM DRAIN REHABILITATION PROJECT NO. 03-21
WHEREAS, the Gregory Gardens Storm Drain Rehabilitation Project is identified in the approved Capital Improvement Plan FY2020-2025; and
WHEREAS, the Gregory Gardens Storm Drain Rehabilitation Project provides for the installation of approximately 700 linear feet of new storm drain pipeline in the Gregory Gardens neighborhood; and
WHEREAS, the City Council approved $1.5 million in American Rescue Plan Act funds to construct the project; and
WHEREAS, the City of Pleasant Hill desires to utilize the professional services of Pakpour Consulting Group, Inc. for construction inspection services for the Gregory Gardens Storm Drain Rehabilitation Project; and
WHEREAS, Pakpour Consulting Group, Inc. has submitted a proposal to the Maintenance Division which is determined to be complete and acceptable.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:

1. Authorizes the City Manager to execute the attached Professional Services Agreement with Pakpour Consulting Group, Inc. for construction inspection services for the Gregory Gardens Storm Drain Rehabilitation Project in an amount not to exceed $80,850.00.

2. Authorizes a ten percent (10%) Professional Services contingency in the amount of $8,085.00.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 24th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:
_________________________________
DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

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Attachment: Agreement (Professional Services Agreement with Pakpour Consulting Group)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION FOR THE FY 2021-2022 SB1383 LOCAL

ASSISTANCE GRANT PROGRAM

SYNOPSIS
The California Department of Resources Recycling and Recovery (CalRecycle) implemented the SB1383 Local Assistance Grant Program to provide aid to municipalities in the implementation of new regulation requirements associated with SB1383. The purpose of this item is to consider a resolution of the City Council to authorize the submittal of a grant application for the FY 2021- 2022 SB1383 Local Assistance Grant Program.

DISCUSSION
Background
Senate Bill SB 1383, The Short-lived Climate Pollutant: Organic Waste Methane Emissions Reduction Act of 2016 (SB 1383) required the California Department of Resources Recycling and Recovery (CalRecycle) to develop regulations to reduce organics in landfills as a source of methane by 2030. Although efforts have been made by many local governments and associations encouraging CalRecycle to delay implementation of SB 1383 due to impacts of COVID-19 on jurisdictions, the State did not change the deadlines contained within the regulations, and the new SB1383 regulations went into effect on January 1, 2022.

Jurisdictions are responsible for their individual SB 1383 compliance and enforcement and as such, the City has been preparing for its regulatory responsibilities. The City’s refuse collection services agreement with Republic Services, originally executed in 2004, was restated in July 2021, and includes many SB1383 compliance measures. In addition the City’s Municipal Code Chapter 13.10, Solid Waste Management, was amended on December 6, 2021, in order to comply with the new regulations. Additional compliance measures to be performed by the City include education and outreach, edible food recovery, capacity planning, procurement requirements, enforcement and inspections, and record keeping.

These new SB 1383 Regulations are significant solid waste management changes and CalRecycle has estimated implementation will cost jurisdictions a combined $20 to $40 billion over the next decade. To help municipalities offset implementation costs, CalRecycle recently

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notified agencies of available one-time grant funds for FY 2021-2022. Eligible applicants include cities and counties, regional or joint powers authorities, and special districts directly responsible for solid waste collection services. This grant program will provide funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383, including: collection; education and outreach; edible food recovery; capacity planning; procurement requirements; enforcement and inspection; and record keeping.

Analysis
The grant allows each jurisdiction to submit one non-competitive application. Each eligible applicant will receive a base award of $20,000, and CalRecycle will distribute remaining funds to eligible entities based on per capita calculations using the Department of Finance’s January 2021 population statistics. Based on this criteria, Pleasant Hill is eligible to receive approximately $45,789.

Applicants who certify to CalRecyle will have or have already adopted an enforceable ordinance to CalRecycle by April 1, 2022, will be eligible to receive first round funding (Spring 2022).

The first round grant terms begins on April 1, 2022, and all grant funds need to be expended by April 2, 2024. The City anticipates needing a half-time employee dedicated to SB 1383 compliance, education, outreach, and in procuring sufficient recovered organic waste products.

Maintenance staff is proposing to utilize these grants funds for that purpose.

FISCAL IMPACT
Under CalRecycle’s SB1383 Local Assistance Grant Program, the City would be eligible to receive up to a maximum of $245,789 in grant funds. No matching funds are required.

RECOMMENDED CITY COUNCIL ACTION
Adopt Resolution

ALTERNATIVES TO RECOMMENDED ACTION
Not authorize submittal of an application for CalRecycle’s FY 2021-2022 SB1383 Local Assistance Grant Program.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ann James, Maintenance Superintendent

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Approved by: June Catalano, City Manager

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RESOLUTION NO. ____-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR FY 2021-2022 SB1383 LOCAL ASSISTANCE GRANT PROGRAM
WHEREAS, Public Resources Code sections 48000 et seq., 14581 and 42023.1(g) authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant and payment programs in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment, and; WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
WHEREAS, CalRecycle implemented the SB1383 Local Assistance Grant Program to provide opportunities to provide aid to municipalities in the implementation of new regulation requirements associated with SB1383; and
WHEREAS, CalRecycle has notified agencies of available SB1383 Local Assistance Grant Program Funds for FY 2021-2022; and
WHEREAS, the City is eligible to receive SB1383 Local Assistance Grant Program funds from CalRecycle for the implementation of new regulation requirements associated with SB1383.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill:

1. Authorizes the submittal of an application to the California Department of Resources Recycling and Recovery for the FY 2021-2022 SB1383 Local Assistance Grant Program.

2. That the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City of Pleasant Hill all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project.

3. That these authorizations are effective for five (5) years from the date of adoption of this resolution.
[Signatures on the Following Page]

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Attachment: Proposed Resolution (Authorize SB1383 Grant Application) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 24th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Authorize SB1383 Grant Application)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO. ___-22

DECLARING RESULTS OF MAJORITY PROTEST PROCEEDINGS

AND RENEWING THE PLEASANT HILL TOURISM IMPROVEMENT

DISTRICT

SYNOPSIS
Holding the final hearing, declaring results of the majority protest proceedings, and adopting the proposed resolution will result in the renewal of the Pleasant Hill Tourism Improvement District (PHTID) and the levy of assessments on lodging businesses, and approval of the 2022-2027 PHTID Management District Plan dated January 24, 2022.

DISCUSSION
Background
The Pleasant Hill Tourism Improvement District (PHTID) is a benefit assessment district that generates revenue to help fund sales, marketing, and communication programs for Pleasant Hill hotels. TIDs are used in destination areas throughout California to increase tourism, hotel reservations, and bring additional overnight visitors into an area to shop and eat at local businesses. The proposed five-year PHTID extension includes all lodging businesses – the existing seven plus any others that would open during the term of the PHTID – that are available for public occupancy and located within the boundaries of the City.

Timeline
April 1, 2017 PHTID formed with a five-year term (expires March 31, 2022).

November 2021 Petition to Renew the PHTID beyond March 31, 2022 signed by majority of City hotel owners.

December 6, 2021 Resolution of Intent to Renew the PHTID adopted by City Council with amended five-year extension term.

December 9, 2021 Written notices mailed to all hotels in the City that would be subject to the assessment (a copy of this Notice is attached), as required by Streets and Highways Code § 36623 in order to form or extend a TID.

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December 20, 2021 City Council allowed public testimony on proposed PHTID renewal and reached consensus on formation of the Stay Pleasant Hill nonprofit corporation and City/Stay Pleasant Hill owners’ association agreement. Council also received a report from the PHTID on recent activities and accomplishments (see attached 2021 PHTID Annual Report).

January 24, 2022 Public hearing and approval of the attached Resolution to Renew the PHTID for five additional years, generating approximately $710,000 annually for promotion of travel and tourism specific to Pleasant Hill. Renewing the PHTID must be done pursuant to the Property and Business Improvement District Law of 1994 (94 Law).

PHTID Management District Plan
The Management District Plan (attached) includes the proposed boundary of the PHTID as well as a description and breakdown of how the PHTID revenue would be spent (beginning on Page 7). Proposed sales, marketing, promotions, and partnership activities that would be undertaken by the PHTID are also outlined in the Plan (beginning on Page 8). The Plan also provides the parameters of the governance structure of Stay Pleasant Hill, the nonprofit corporation that will be the owners’ association and manage the PHTID beginning on April 1, 2022 (see Page 14).

Owners’ Association Agreement between the City and Stay Pleasant Hill Streets and Highways Code section 36651 requires a contract between the City and the owners’ association that would manage the PHTID services that are described in the Management District Plan. The attached draft owners’ association agreement (“Agreement”) between the City and Stay Pleasant Hill outlines the terms in which Stay Pleasant Hill will provide the services for the PHTID. For example, Stay Pleasant Hill will prepare an annual report each year which includes:
 Improvements and activities to be provided for that fiscal year.  An estimate of the cost of providing the improvements and the activities for that fiscal year.
 The method and basis of levying assessments.
 The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.

The draft Agreement also enables the City to audit assessments, collections, and uses, and allows for termination of the agreement in the event that either party defaults in its obligations under the agreement.

FISCAL IMPACT
The City will receive a fee of 2% of the amount collected to cover its costs of administration. Because the PHTID programs are intended to increase visitation to the City, an increase in transient occupancy tax (TOT) and sales tax collection is expected.

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PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.

The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Hold a final hearing, declaring results of majority protest proceeding, and adopt the proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to adopt the attached Resolution and to not renew the Pleasant Hill TID. Staff does not recommend this option.

ATTACHMENT(S):
 Resolution to Renew the PHTID and approve the PHTID Management District Plan  2022-2027 PHTID Management District Plan
 Draft Owners’ Association Agreement – redline version reflecting Council direction  Renewal Notice to Lodging Businesses Within Proposed PHTID  2021 PHTID Annual Report
Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

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1 RESOLUTION NO. ___-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLEASANT HILL DECLARING RESULTS OF MAJORITY PROTEST

PROCEEDINGS AND RENEWING THE PLEASANT HILL TOURISM
IMPROVEMENT DISTRICT (PHTID) AND APPROVING THE 2022/2027

PHTID MANAGEMENT DISTRICT PLAN
WHEREAS, the Property and Business Improvement District Law of 1994 (Streets and Highways Code §36600 et. seq.) authorizes the City to renew business improvement districts upon petition by a weighted majority of the business owners located within the boundaries of the district; and
WHEREAS, lodging business owners who will pay more than fifty percent (50%) of the proposed assessment, as weighted according to the amount of the assessment to be paid by the petitioner, within the boundaries of the PHTID have petitioned the City Council to renew the PHTID; and
WHEREAS, included with the petitions was a PHTID Management District Plan (Plan) summary that describes the proposed assessment to be levied on lodging businesses within the PHTID to pay for sales, marketing and communications programs, and other improvements and activities set forth in the Plan; and
WHEREAS, the assessed lodging businesses within the PHTID will receive a specific benefit from the activities and improvements set forth in the Plan; and WHEREAS, on December 6, 2021 at 7:00 PM via teleconference the City Council adopted a Resolution of Intention, Resolution No. 73-21; and
WHEREAS, the public meeting and public hearing to consider the renewal of the PHTID have been properly noticed in accordance with Streets and Highways Code §36623; and WHEREAS, on December 20, 2021, via teleconference, the City Council held a public meeting regarding the renewal of the PHTID, and the City Council heard and received objections and protests, if any, to the renewal of the PHTID and the levy of the proposed assessment; and WHEREAS, on January 24, 2022 at 7:00 PM, via teleconference the City Council held a public hearing regarding the renewal of the PHTID, and the City Council heard and received all objections and protests, if any, to the renewal of the PHTID and the levy of the proposed assessment; and
WHEREAS, the City Clerk has determined that there was no majority protest. A majority protest is defined as written protests received from owners of assessed businesses in the renewed PHTID which would pay fifty percent (50%) or more of the assessments proposed to be levied.

Protests are weighted based on the assessment proposed to be levied on each lodging business; and

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Attachment: Proposed Resolution (TID Renewal - Resolution of Formation) 2 WHEREAS, the City bears the burden of proving by a preponderance of the evidence that an assessment imposed for a specific benefit or specific government service is not a tax, that the amount is no more than necessary to cover the costs to the City in providing the specific benefit or specific government service, and that the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the specific benefits or specific government services received by the payor.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL THAT:

1. The recitals set forth herein are adopted by the City Council as findings and they are true and correct.

2. The PHTID is hereby renewed for a five (5) year term, beginning April 1, 2022, or as soon as possible thereafter and ends five (5) years from its start date.

3. The PHTID Management District Plan dated January 24, 2022 is hereby adopted and approved.

4. The activities to be provided to benefit businesses in the PHTID will be funded by the levy of the assessment. The revenue from the assessment levy shall not be used: to provide activities that directly benefit businesses outside the PHTID; to provide activities or improvements outside the PHTID; or for any purpose other than the purposes specified in this Resolution, the Resolution of Intention, and the Plan. Notwithstanding the foregoing, improvements and activities that must be provided outside the PHTID boundaries to create a specific benefit to the assessed businesses may be provided, but shall be limited to marketing or signage pointing to the PHTID.

5. The City Council finds as follows:
a) The activities funded by the assessment will provide a specific benefit to assessed businesses within the PHTID that is not provided to those not paying the assessment. b) The assessment is a charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.
c) The assessment is a charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. d) Assessments imposed pursuant to the PHTID are levied solely upon the assessed business, and the business owner is solely responsible for payment of the assessment when due. If the owner chooses to collect any portion of the assessment from a transient, that portion shall be specifically called out and identified for the transient in any and all

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Attachment: Proposed Resolution (TID Renewal - Resolution of Formation) 3 communications from the business owner as the “PHTID Assessment” as specified in the Plan.

6. The assessments levied for the PHTID shall be applied towards sales, marketing, and communications promotions to market Pleasant Hill lodging businesses as tourist, meeting and event destinations, and other improvements and activities as set forth in the Plan.

7. The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on: stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the assessment; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

In years 2024 through 2026, the assessment rate may be subject to an annual increase during the five (5) year term. At the discretion of the Stay Pleasant Hill Board, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses. However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year, but shall not drop below the initial assessment rate of three percent (3%) of gross short-term room rental revenue.

Any increase or decrease authorized by the Stay Pleasant Hill Board shall be included in the Annual Report described in the Plan.

8. Assessments levied on lodging businesses pursuant to this resolution shall be levied on the basis of benefit. Because the services provided are intended to increase demand for room rentals, an assessment based on room rentals is the best measure of benefit.

9. The assessments for the entire PHTID will total approximately $710,000 in year one (1).

10. Bonds shall not be issued to fund the PHTID.

11. The PHTID shall include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Pleasant Hill. A boundary map is attached hereto and incorporated herein by reference.

12. The assessments shall be used for the purposes set forth above and any funds remaining at the end of any year may be used in subsequent years in which the PHTID assessment is levied as long as they are used consistent with the requirements set forth herein.

13. The assessments to fund the activities and improvements for the PHTID will be collected by the City of Pleasant Hill on a quarterly basis, and in accordance with Streets and Highways Code §36631.

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Attachment: Proposed Resolution (TID Renewal - Resolution of Formation) 4 14. The City Council, through adoption of this Resolution, has the right pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the PHTID as defined in Streets and Highways Code §36612. The City Council has determined that Stay Pleasant Hill shall be the PHTID Owners’ Association.

15. Stay Pleasant Hill, pursuant to Streets and Highways Code §36650, shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvement and activities described in the report. The first report shall be due after the first year of operation of the PHTID.

16. The PHTID renewed pursuant to this resolution will be subject to any amendments to the Property and Business Improvement District Law of 1994 (California Streets and Highways Code §36600 et. seq.).

17. The City Clerk, or his or her designee, is directed to take all necessary actions to complete the renewal of the PHTID and to levy the assessments.

18. This Resolution shall take effect immediately upon its adoption by the City Council.

I HEREBY CERTIFY that the foregoing Resolution of Formation was introduced and adopted at a regular meeting of the City Council on the 24th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.1.a
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Attachment: Proposed Resolution (TID Renewal - Resolution of Formation) 5 Exhibit A
Boundary Map

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Attachment: Proposed Resolution (TID Renewal - Resolution of Formation) PHTID Management District Plan
January 24, 2022
1 2022-2027
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. January 24, 2022

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January 24, 2022
2 Contents
I. OVERVIEW.............................................................................................................................................3 II. BACKGROUND.....................................................................................................................................5 III. BOUNDARY ...........................................................................................................................................6 IV. ASSESSMENT BUDGET AND SERVICES....................................................................................7 A. Annual Service Plan............................................................................................................ 7 B. Annual Budget .................................................................................................................... 9 C. California Constitutional Compliance .............................................................................. 10 D. Assessment........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments................................................................. 13 V. GOVERNANCE...................................................................................................................................14 A. Owners’ Association......................................................................................................... 14 B. Brown Act and California Public Records Act Compliance ............................................ 14 C. Annual Report................................................................................................................... 15 APPENDIX 1 – LAW........................................................................................................................................16 APPENDIX 2 – ASSESSED BUSINESSES .................................................................................................27 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

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Attachment: 2022-2027 PHTID Management District Plan (TID Renewal - Resolution of Formation) PHTID Management District Plan
January 24, 2022
3 I. OVERVIEW
Developed by the City of Pleasant Hill Economic Development Department and lodging businesses in Pleasant Hill, the Pleasant Hill Tourism Improvement District (“PHTID”) is an assessment district proposed to provide specific benefits to payors, by funding sales, marketing, and communications efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2017, the PHTID was formed pursuant to the Property and Business Improvement District Law of 1994 (“94 Law”) for a five (5) year term. This effort seeks to renew the PHTID for a five (5) year term pursuant to the provisions of the 94 Law.

Location: The PHTID includes all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of the City of Pleasant Hill (“City”), as shown on the map in Section III.

Services: The PHTID is designed to provide specific benefits directly to payors by increasing awareness and demand for room night sales. Sales, marketing, and communications programs will increase demand for overnight tourism and market payors as tourist, meeting, and event destinations, thereby increasing demand for room night sales.

Budget: The total PHTID annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $710,000. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and if the assessment rate is increased pursuant to this Plan.

Cost: The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue. Based on the benefit received, assessments will not be collected on:
stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the assessment; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

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January 24, 2022
4 Collection: The City shall continue to be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business located within the boundaries of the PHTID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

Duration: The PHTID will have a five (5) year life, beginning April 1, 2022, or as soon as possible thereafter and end five (5) years from its start date. Once per year, beginning on the anniversary of PHTID renewal, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on PHTID termination.

Management: Stay Pleasant Hill (“SPH”) will serve as the PHTID’s Owners’ Association. The Owners’ Association is charged with managing funds and implementing programs in accordance with this Plan and must provide annual reports to the City Council.

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January 24, 2022
5 II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

California’s TIDs collectively
raise over $300 million
annually for local destination
marketing. With competitors
raising their budgets, and
increasing rivalry for visitor
dollars, it is important that
Pleasant Hill lodging
businesses continue to invest
in stable, lodging-specific
sales, marketing and
communications programs.

TIDs utilize the efficiencies of
private sector operation in the market-based promotion of tourism districts. TIDs allow lodging business owners to organize their efforts to increase demand for room night sales. Lodging business owners within the TID pay an assessment and those funds are used to provide services that increase demand for room night sales.

In California, most TIDs are formed pursuant to the Property and Business Improvement District Law of 1994. This law allows for the creation of a benefit assessment district to raise funds within a specific geographic area. The key difference between TIDs and other benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the district.

There are many benefits to TIDs:
• Funds must be spent on services and improvements that provide a specific benefit only to those who pay;
• Funds cannot be diverted to general government programs; • They are customized to fit the needs of payors in each destination; • They allow for a wide range of services;
• They are designed, created, and governed by those who will pay the assessment; and • They provide a stable, long-term funding source for tourism promotion. 1 2 4 6 9 12 19 25 29 32 38
46 61 64 70 75
88 95 99101104109110
0 20
40 60
80 100
120
19891995200020012002200320042005200620072008200920102011201220132014201520162017201820192020 Number of Districts Operating in
California

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6 III. BOUNDARY
The PHTID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Pleasant Hill.

Lodging business means: any structure or any portion of any structure that is occupied or intended or designated for occupancy by transients for dwelling, lodging, or sleeping purposes, including any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging-house, rooming- house, apartment-house, dormitory, public or private club, recreational vehicle park, mobile home or house trailer at a fixed location or other similar structure or portion therefor. The term “lodging business” as used herein only includes businesses designed for occupancy for periods of less than twenty-nine (29) days.

The boundary, as shown in the map below, currently includes seven (7) lodging businesses. A complete listing of lodging businesses within the PHTID can be found in Appendix 2.

Martinez
Concord
Walnut Creek
Lafayette Walnut Creek
Taylor Blvd
Boyd Rd
Pleasant Hill Rd
Gregory Ln
Me
Viking Dr rcury Way
Contra Costa Blvd
Grayson Rd
Oak Park Blvd
Contra Costa Canal Trl
Ruth Dr
Lucille Ln
Paso Nogal
Devon Ave
Buskirk Ave
Chilpancingo Pkwy
Iron Horse
Hookston Rd
Ardith Dr
Kiki Dr
Norse Dr
Paso Nogal Rd
Doris Dr
C el ave al nd Rd
Mayhew Way
Soule Ave
Shirley Dr
Doray Dr
Gladys Dr
Elderwood Dr
Roberta Ave
Gail Dr
45 Elliot Dr
Mazie Dr
Kahrs Ave
Mary Dr
Belle Ave
Putnam Blvd
Hamilton Dr
Apol ol Way
Beth Dr
Coggins Dr
Sylvia Dr
Sherman Dr
Madeira Way
Ellinwood Dr
Marta Dr
Pleasant Valley Dr
Oakvue Rd
Byron Dr
Vessing Rd
Buttner Rd
Santa Lucia Dr
Rose Ln
Little Ln
Slater Ave
Strand Ave
Twinview Pl
P
Crescent Plz
rice Ln
Starlyn Dr
Shetland Dr
Pleasant View Dr
Peggy Dr
Eloise Ave
Fernwood Dr 3rd Ave S
Marlee Rd
Barnett Cir
Wendell Ln
Violet Way
Daisy Pl
Tempe Ct
Capri Ln
Contra Costa Blvd
Slater Ave
Pleasant Hill City Limits
§¨¦680
§¨¦680
¬«4
¬«242
Pleasant Hill TID

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January 24, 2022
7 IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the PHTID funds are sales, marketing and communications programs available only to assessed businesses.

A service plan assessment budget has been developed to deliver services that benefit the assessed businesses. A detailed annual assessment budget will be developed and approved by SPH. The table below illustrates the initial annual assessment budget allocations. The total initial assessment budget is $710,000.

Although actual revenues will fluctuate due to market conditions, the proportional allocations of the assessment budget shall remain the same. However, the SPH Board shall have the authority to adjust assessment budget allocations between the categories by no more than fifteen percent (15%) of the total assessment budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the PHTID, any and all assessment funds may be used for the costs of defending the PHTID.

Each budget category includes all costs related to providing that service. For example, the sales, marketing, and communications budget includes the cost of staff time dedicated to overseeing and implementing the sales, marketing, and communications program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual Sales, Marketing,
and
Communications,
$532,500, 75%
City Fee, $14,200,
2%
Contingency &
Reserve
$35,500, 5%
Administration &
Operations,
$127,800 18%
INITIAL ANNUAL ASSESSMENT BUDGET - $710,000

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January 24, 2022
8 staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SPH on an as-needed basis.

Sales, Marketing & Communications
A sales, marketing and communications program will promote assessed businesses as tourist, meeting, and event destinations. The sales, marketing and communications program will have a central theme of promoting Pleasant Hill as a desirable place for overnight visits. The program will have the goal of increasing overnight visitation and room night sales at assessed businesses, and may include the following activities:
• Marketing efforts to increase awareness and optimize internet presence to drive overnight visitation and room sales to assessed businesses, including public relations, online and social media campaigns, updating and maintaining website, print, television, digital and radio advertising;
• Attendance of trade shows, professional industry conferences and affiliation events to promote assessed businesses;
• Sales blitzes for assessed businesses;
• Familiarization tours of assessed businesses;
• Development of a strategic plan to benefit assessed businesses, including branding and destination management;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps featuring assessed businesses;
• Lead generation activities designed to attract tourists and group events to assessed businesses; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts for assessed businesses;
• Comprehensive and integrated way finding signage systems, including signage to parking lots and decks, designed to create a visitor experience that will bring repeat visits to assessed businesses;
• Transportation programs connecting assessed businesses and local music venues, sports venues, and other attractions, to increase overnight visitation and room sales at assessed businesses;
• Art and cultural projects to attract overnight visitors to assessed businesses; • Local destination marketing programs designed to drive overnight visitation and room sales to assessed businesses;
• Destination product development programs and improvements designed to drive overnight visitation and room sales to assessed businesses; and
• Sports and outdoor recreation marketing programs designed to drive overnight visitation and room sales to assessed businesses.

Administration and Operations
The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees.

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9 Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of Stay Pleasant Hill. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the SPH Board. Contingency/reserve funds may be spent on PHTID programs or administrative and renewal costs in such proportions as determined by the SPH Board. The reserve fund may be used for the costs of renewing the PHTID.

City Collection Fee
The City of Pleasant Hill shall retain a fee equal to two percent (2%) of the amount of assessment collected, to cover its costs of collection and administration.

B. Annual Budget
The total 5-year improvement and service plan assessment budget is projected at approximately $710,000 annually, or $5,070,440 through 2027 if maximum assessment increases are made by the SPH board. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as room sales do and if the assessment rate is increased. If the maximum annual assessment increases are adopted by the Owners’ Association upon approval, the annual budget will increase as illustrated in the table below. The initial annual assessment rate is three percent (3%) of gross shortterm room rental revenue for lodging businesses and cannot be increased in years 2022 and 2023. In years 2024 through 2026, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses. However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year but shall not drop below the initial three percent (3%) of gross short-term room rental revenue.

The table below demonstrates the maximum with the assumption that the rates will be increased in annually from 2024 through 2026 as it is a required disclosure, it is not the anticipated course of action.

Alternate courses of action may be taken in regards to implementing the assessment rate increase other than what is demonstrated in the chart below, within the parameters of this Management District Plan.

Additionally, a three percent (3%) annual increase in the total budget is shown, to account for estimated increased room night sales as a result of PHTID efforts. This three percent (3%) annual increase is a conservative estimate based on the effects of similarly sized TID budgets.

The table below demonstrates the maximum cost of improvements and services over the PHTID’s five (5) year term.

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10 Estimated Annual Budget If
Maximum Assessment Rates are Adopted 2024-2027
Year Sales, Marketing
and
Communications
Administration City Fee Contingency/Reserve Total
2022-23 $532,500 $127,800 $14,200 $35,500 $710,000
2023-24 $548,475 $131,634 $14,626 $36,565 $731,300
2024-25 $753,220 $180,773 $20,086 $50,215 $1,004,294
2025-26 $969,771 $232,745 $25,861 $64,651 $1,293,028
2026-27 $998,864 $239,727 $26,636 $66,591 $1,331,818
Total $3,802,830 $912,679 $101,409 $253,522 $5,070,440
The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the district’s five (5) year term. Additionally, a three percent (3%) annual increase in the total budget is shown to account for estimated increased room night sales as a result of PHTID efforts.

Estimated Annual Budget If Maximum Assessment
Rates Are Not Adopted 2022-2027
Year Sales, Marketing
and
Communications
Administration City Fee Contingency/Reserve Total
2022-23 $532,500 $127,800 $14,200 $35,500 $ 710,000
2023-24 $548,475 $131,634 $14,626 $36,565 $ 731,300
2024-25 $564,929 $135,583 $15,065 $37,662 $ 753,239
2025-26 $581,877 $139,651 $15,517 $38,792 $ 775,837
2026-27 $599,333 $143,840 $15,982 $39,956 $ 799,111
Total $2,827,114 $678,508 $ 75,390 $ 188,475 $3,769,467 A. California Constitutional Compliance
The PHTID assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the PHTID assessment is a business-based assessment, and is subject to Proposition 26.

Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the PHTID, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services.
1 Jarvis v. the City of San Diego 72 Cal App. 4th 230

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11 1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the PHTID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the PHTID and are narrowly tailored. PHTID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in PHTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.

The assessment imposed by this PHTID is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in demand for room night sales. The specific benefit of an increase in demand for room night sales for assessed lodging businesses will be provided only to lodging businesses paying the district assessment, with sales, marketing and communications programs promoting lodging businesses paying the PHTID assessment. The sales, marketing, and communications programs will be designed to increase room night sales at each assessed lodging businesses. Because they are necessary to provide the sales, marketing, and communications programs that specifically benefit the assessed lodging businesses, the administration and contingency services also provide the specific benefit of increased demand for room night sales to the assessed lodging businesses.

Although the PHTID, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3

2. Specific Government Service
The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that sales, marketing and communications services like those to be provided by the PHTID are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific 2 Cal. Const. art XIII C § 1(e)(1)
3 Government Code § 53758(a)
4 Cal. Const. art XIII C § 1(e)(2)
5 Government Code § 53758(b)

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12 government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

3. Reasonable Cost
PHTID services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds will be managed by SPH, and reports submitted on an annual basis to the City. Only assessed lodging businesses will be featured in marketing materials, receive sales leads generated from PHTID-funded activities, be featured in advertising campaigns, and benefit from other PHTID-funded services. Nonassessed lodging businesses will not receive these, nor any other, PHTID-funded services and benefits.

The PHTID-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed lodging businesses receive incremental room nights, that portion of the promotion or program generating those room nights shall be paid with non-PHTID funds. PHTID funds shall only be spent to benefit the assessed businesses and shall not be spent on that portion of any program which directly generates incidental room nights for non-assessed businesses.

B. Assessment
The initial annual assessment rate is three percent (3%) of gross short-term room rental revenue for lodging businesses. Based on the benefit received, assessments will not be collected on: stays of more than twenty-nine (29) consecutive days; a person as to whom, or an occupancy as to which, it is beyond the power of the city to impose the tax; and by any state officer or employee of the federal government or a foreign government who is exempt by reason of express provision of federal law or international treaty.

In years 2024 through 2026, the assessment may be subject to an increase during the five (5) year term.

At the discretion of the Stay Pleasant Hill Board, the assessment rate may be increased to a maximum rate of five percent (5%) of gross short-term room rental revenue for assessed lodging businesses.

However, the increase in any year shall not exceed one percent (1%) of gross short-term room rental revenue. The assessment rate may also be decreased by the Stay Pleasant Hill Board by up to a maximum of one percent (1%) per year but shall not drop below the initial three percent (3%) of gross short-term room rental revenue. Any increase or decrease authorized by the Stay Pleasant Hill Board shall be included in the Annual Report described in Section V.

The term “gross room rental revenue” as used herein means the consideration charged, whether or not received, for the occupancy of space in a hotel, valued in money, whether to be received in money, goods, services, labor or otherwise, including all receipts, cash, credits and property and services of any kind or nature, without any deduction therefrom whatsoever. Gross room rental revenue shall not include any federal, state or local taxes collected, including but not limited to transient occupancy taxes.

The assessment is levied upon and a direct obligation of the assessed lodging business. However, the assessed lodging business may, at its discretion, pass the assessment on to transients. The amount of assessment, if passed on to each transient, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for 6 Government Code § 53758(b)

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13 payment from the business. If the PHTID assessment is identified separately it shall be disclosed as the “PHTID Assessment.” As an alternative, the disclosure may include the amount of the PHTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes.

Bonds shall not be issued.

C. Penalties and Interest
The PHTID shall reimburse the City of Pleasant Hill for any costs and fees (including, but not limited to, both City staff time as reasonably calculated by the City, as well as any attorney’s fees) associated with collecting unpaid assessments. If sums in excess of the delinquent PHTID assessment are sought to be recovered in the same collection action by the City, the PHTID shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying:

1. Original Delinquency: Any lodging business which fails to remit any assessment imposed within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment.

2. Continued Delinquency: Any lodging business which fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second delinquency penalty of ten percent (10%) of the amount of the assessment in addition to the amount of the assessment and the ten percent (10%) penalty first imposed.

3. Fraud: If the City determines in its sole reasonable discretion that the nonpayment of any remittance due under this section is due to fraud and/or intent to mislead the City, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in subsections 1 and 2 of this section.

4. Interest: In addition to the penalties imposed, any lodging business which fails to remit any assessment imposed shall pay interest at the rate of one half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid.

5. Penalties Merged with Assessment: Every penalty imposed and such interest as accrues under the provisions of this section shall become a part of the assessment required to be paid under this section.

D. Time and Manner for Collecting Assessments
The PHTID assessment will be implemented beginning April 1, 2022 or as soon as possible thereafter, and end five (5) years from its start date. The City will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business. The City shall take all reasonable efforts to collect the assessments from each lodging business. The City shall forward the assessments collected, less the two percent (2%) collection fee, to the Owners’ Association.

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14 V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the PHTID as defined in Streets and Highways Code §36612. The City Council has determined that Stay Pleasant Hill (“SPH”) shall serve as the Owners’ Association for the PHTID. The City shall enter into a contract with Stay Pleasant Hill for administration of the PHTID. The City reserves the right to conduct regular financial and/or operational audits, as reasonably determined to be appropriate by the City in the City’s sole discretion, of the Owners’ Association. Any such City audits will receive the full and unqualified cooperation and assistance of the Owners’ Association, and upon request by City will be paid for in whole or in part with PHTID funds. Consistent with law, and for good cause as reasonably demonstrated to the satisfaction of the City Council, the City Council at a noticed public hearing may designate a different qualified private nonprofit entity as the Owners’ Association of the PHTID, to replace either SPH, or any subsequent designated Owners’ Association.

SPH as the new Owners’ Association, will appoint a new Board of Directors, comprised of seven (7) members. The members of the SPH Board shall include:
• One (1) representative of the Hyatt hotel;
• One (1) representative of the Marriot hotel;
• One (1) representative of the Homewood Suites by Hilton hotel; • One (1) representative of the Sonesta hotel;
• One (1) representative of a lodging business not affiliated with a national brand; • One(1) representative of the Pleasant Hill Chamber of Commerce; and • One (1) representative of the City of Pleasant Hill.

In the event of changes in hotel ownership or brand affiliation the SPH Board reserves the right to modify its composition without requiring an amendment to this plan. If there is an addition to the Board or if the SPH board would like to reduce the size of the Board, they will need to modify the Management District Plan. SPH shall be responsible for managing funds and implementing programs in accordance with this Plan and by direction of the SPH Board and must provide annual reports to the City Council.

B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the SPH Board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action.

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15 C. Annual Report
SPH shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

In addition, the annual report shall include:
• Details of the accomplishments of the district during the previous fiscal year. • An overview of the budgeted versus actual expenditures and revenue for the previous fiscal year.

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16 APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT *** (ALL 2020 LEGISLATION)

STREETS AND HIGHWAYS CODE
DIVISION 18. PARKING
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions
ARTICLE 1. Declarations
36600. Citation of part
This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following:
(a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements.
(d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businessesin a business district are not taxesfor the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits:
(1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied.
(2) Job creation.
(3) Business attraction.
(4) Business retention.
(5) Economic growth.
(6) New investments.
(f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts.
(1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property.

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17 (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed.

Therefore, for special benefits to exist as a separate and distinct category from general benefits, the incidental or collateral effects of those special benefits are inherently part of those special benefits.

The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits.
(3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessmentsthey may levy and the proper determination ofspecial benefits.

Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined.
36602. Purpose of part
The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes.
36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions
Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part.
36604. Severability
This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes.

ARTICLE 2. Definitions
36606. “Activities”
“Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district:
(a) Promotion of public events.
(b) Furnishing of music in any public place.
(c) Promotion of tourism within the district.
(d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment”
“Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district.

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18 36607. “Business”
“Business” means all types of businesses and includes financial institutions and professions. 36608. “City”
“City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council”
“City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk”
“Clerk” means the clerk of the legislative body.
36609.5. “General benefit”
“General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
36610. “Improvement”
“Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following:
(a) Parking facilities.
(b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms.
(d) Lighting and heating facilities.
(e) Decorations.
(f) Parks.
(g) Fountains.
(h) Planting areas.
(i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls.
(l) Rehabilitation or removal of existing structures.
36611. “Management district plan”; “Plan”
“Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association”
“Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California

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19 Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

ARTICLE 3. Prior Law
36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part.

CHAPTER 2. Establishment
36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter.

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20 36620.5. Requirement of consent of city council
A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city.
36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district.

The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following:
(1) A map showing the boundaries of the district.
(2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request.
(c) The resolution of intention described in subdivision (a) shall contain all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623.
36622. Contents of management district plan
The management district plan shall include, but is not limited to, all of the following:
(a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries.
(b) The name of the proposed district.
(c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This

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21 part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the

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22 public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners.
36624. Changes to proposed assessments
At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation
(a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following:
(1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district.
(4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received.
(5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district.

Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district.

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23 (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit.
(8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district.
(b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan.
36627. Notice and assessment diagram
Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners
The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any propertybased assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part.

CHAPTER 3. Assessments
36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties.
36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property

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24 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part.
(b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part.
(c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part.
36633. Time for contesting validity of assessment
The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36625. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment.
36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan
The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following:
(1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing.
(2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification.
(b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627.

CHAPTER 3.5. Financing
36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments

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January 24, 2022
25 (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part.
(b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years.
(c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt.

CHAPTER 4. Governance
36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used.
(b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information:
(1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year.
(4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year.
(5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
(6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.
(c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636.

The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services.

8.1.b
Packet Pg. 112 Attachment: 2022-2027 PHTID Management District Plan (TID Renewal - Resolution of Formation) PHTID Management District Plan
January 24, 2022
26 CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

CHAPTER 6. Disestablishment
36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances:
(1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund.

8.1.b
Packet Pg. 113 Attachment: 2022-2027 PHTID Management District Plan (TID Renewal - Resolution of Formation) PHTID Management District Plan
January 24, 2022
27 APPENDIX 2 – ASSESSED BUSINESSES
Business Name Street Address City
EXTENDED STAY AMERICA 3220 BUSKIRK AVE PLEASANT HILL, CA 94523 HILTON HOMEWOOD SUITES 650 ELLINWOOD WAY PLEASANT HILL, CA 94523 HYATT HOUSE 2611 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 SONESTA SELECT PLEASANT HILL 2250 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 PLEASANT HILL INN 1432 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 RESIDENCE INN PLEASANT HILL 700 ELLINWOOD WY PLEASANT HILL, CA 94523 SUN VALLEY INN 2045 CONTRA COSTA BLVD. PLEASANT HILL, CA 94523

8.1.b
Packet Pg. 114 Attachment: 2022-2027 PHTID Management District Plan (TID Renewal - Resolution of Formation) 1 AGREEMENT FOR SERVICES
This Agreement, dated _______________, is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as the “City,” and Stay Pleasant Hill, a California nonprofit corporation, hereinafter referred to as “Contractor,” collectively referred to as the “Parties.”

RECITALS
A. On March 20, 2017, the City Council adopted Resolution number 29-17, creating the Pleasant Hill Tourism Business Improvement District, hereinafter “PHTID,” in accordance with the provisions of the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., hereinafter the “1994 Law.”
B. On ________________, the City Council adopted Resolution number ___, hereinafter the “Resolution,” renewing the PHTID in accordance with the provisions of the 1994 Law.

C. Pursuant to the 1994 Law and the Resolution, the City is authorized to levy and collect an annual assessment from lodging businesses in the PHTID for the purpose of sales promotion and marketing projects, programs, and activities that benefit lodging businesses located and operating within the boundaries of the PHTID.

D. The City Council approved a management district plan, hereinafter the "PHTID Management District Plan,” designating Contractor to serve as the Owners’ Association for the PHTID in accordance with Streets and Highways Code section 36612 and as the entity responsible for managing the operations of the PHTID.

E. Streets and Highways Code section 36651 requires a contract between the City and the Owners’ Association for provision of PHTID services if the management district plan designates an owners’ association. The PHTID Management District Plan designates Contractor as the Owners’ Association to administer and implement the PHTID’s activities and improvements.

F. Contractor has represented to the City that it possesses the labor, professional skills, and expertise to administer and implement the activities and improvements of the PHTID described in the PHTID Management District Plan.

G. Contractor is willing to provide services to the City on the terms and conditions set forth in this Agreement.

AGREEMENT
Now, therefore, the Parties agree as follows:

1. Engagement. City hereby retains Contractor to provide the services described in Exhibit A, attached hereto and incorporated herein, and Contractor accepts such engagement.

8.1.c
Packet Pg. 115 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 2 2. Term. Upon the execution of this Agreement by the Parties, this Agreement shall be effective as of April 1, 2022 (“Effective Date”) and continue for five years until March 31, 2027 (“Term”), unless terminated earlier in accordance with the terms of this Agreement.

3. Use of Funds. Funds received by Contractor pursuant to this Agreement shall only be expended for the purposes stated in the Resolution as authorized by the 1994 Law, and shall only be expended in accordance with this Agreement, the PHTID Management District Plan, and each annual report prepared by Contractor pursuant to Streets and Highways Code section 36650, as approved by the City Council.

4. Annual Report. On an annual basis, Contractor shall submit to the City Council the report required by Streets and Highways Code section 36650 and the PHTID Management District Plan, hereinafter "the Annual Report." The Annual Report based on the prior calendar year shall be prepared and submitted to the City Council by October 30th of each year this Agreement is in effect. Each Annual Report shall include an audited financial statement.

5. Disbursement of Funds. So long as Contractor is not in default of this Agreement, City shall disburse all collected PHTID assessments to Contractor for funding the projects, programs, and activities pursuant to this Agreement; provided, however, that City may retain an amount equal to two percent (2%) of the collected assessments each month to cover its costs of collection and administration of the PHTID. Disbursements shall be made in such manner as the Parties shall mutually agree upon in writing.

6. Taxes. Payment of all applicable federal, state and local taxes shall be Contractor’s sole responsibility.

7. Disestablishment. Per the 1994 Law, a resolution disestablishing the PHTID may only be adopted if (1) the City Council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district and a noticed hearing on disestablishment is held, or (2) in the thirty-day period following any anniversary of the district’s formation, owners paying fifty percent or more of the assessment file a written protest with the City and a hearing on disestablishment is held. In the event the City disestablishes the PHTID, Contractor shall be entitled to retain PHTID revenues only for paying the Contractor’s current liabilities of the PHTID.

Pursuant to the 1994 Law, Contractor shall refund to City any remaining PHTID revenues or any revenues derived from the sale of assets acquired with PHTID revenues to enable distribution of the revenues to the owners which paid the assessment. Contractor agrees that City has and reserves the right to deny the transfer of PHTID revenues and/or suspend, terminate or abandon the execution of any work by the Contractor in accordance with this Agreement for misfeasance, nonfeasance, or gross malfeasance, or criminal conduct as determined by a court of competent jurisdiction. Any retention of PHTID revenues by Contractor shall comply with the 1994 Law.

8. Termination. In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of thirty (30) calendar days, or if more than thirty (30) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within thirty (30) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such

8.1.c
Packet Pg. 116 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 3 default, the non-defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. If the PHTID is disestablished, the City may terminate this Agreement immediately by providing the Contractor notice that the PHTID has been disestablished.

9. Indemnification. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the City, its City Council, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to reasonable attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of property, including the loss there from, or to any violation of federal, state or municipal law or regulation, and (2) is caused by an adjudicated negligent act, omission or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by any party indemnified hereunder. The City may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. In no event shall Contractor be required to indemnify the City for any claim, loss, damage, liability, or expense that arises due to the City's sole or active negligence or willful misconduct.

10. Insurance. Insurance coverage in a minimum amount set forth herein shall not be construed to relieve Contractor for liability in excess of such coverage, nor shall it preclude City from taking such other action as is available to it under any other provisions of this Agreement or otherwise in law.

A. Contractor affirms that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of the Code and Contractor further assures that it will comply with such provisions before commencing the performance of work under this Agreement. Contractor shall furnish to City certificate(s) of insurance evidencing Worker’s Compensation Insurance coverage to cover its employees, and Contractor shall require all subcontractors similarly to provide Workers’ Compensation Insurance as required by the Labor Code of the State of California for all of Contractor’s and subcontractors’ employees. Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense. Neither Contractor nor its carrier shall be entitled to recover from City any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.

B. Contractor shall furnish to City certificates of insurance with Automobile Liability/General Liability Endorsements evidencing at a minimum the following:
(1) Combined single limit bodily injury liability and property damage liability - $2,000,000 each occurrence.
(2) Vehicle / Bodily Injury combined single limit vehicle bodily injury and property damage liability - $1,000,000 each occurrence.

8.1.c
Packet Pg. 117 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 4 11. Independent Contractor. No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an Independent Contractor. Contractor is not the agent or employee of the City in any capacity whatsoever, and the City shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.

A. Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, unemployment insurance benefits, civil service protection, or employee benefits of any kind.

B. Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold City harmless from any and all liability which City may incur because of Contractor’s failure to pay such amounts.

C. In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state Workers’ Compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered Independent Contractors and shall not be treated or considered in any way as officers, agents and/or employees of City.

D. Contractor agrees to perform its work and functions at all times in strict accordance with all applicable federal, state, county and city laws, resolutions, regulations, titles, departmental procedures and currently approved methods and practices in the field; and that the sole interest of City is to ensure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with standards required by the City.

12. Conformity with Law. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, resolutions, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act.

Contractor shall indemnify and hold City harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, resolutions, codes and regulations.

13. Licenses. At all times during the Term of this Agreement, Contractor shall have in full force and effect all licenses required of it by law for the performance of the services described in this Agreement.

14. Copyrights. All copyright and other use rights in any and all proposals, plans, specifications, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies), respecting in any way the subject matter of this Agreement, shall remain the property of the Contractor as instruments of service. However, Contractor understands and

8.1.c
Packet Pg. 118 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 5 agrees City shall have free access to all such copyright and other use rights materials with the right to make and retain copies of all proposals, plans, specifications, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies).

15. Audits and Records Access.

A. Record Maintenance: Contractor shall establish and maintain financial and performance records with respect to all matters covered by this Agreement in sufficient detail and in a manner sufficient to conform to generally accepted accounting principles so as to allow audit of the expenditure of City funds received by Contractor. Contractor shall retain such financial and performance records for a period of three (3) years. Contractor shall maintain all documents and records in accordance with the California Public Records Act, Government Code section 6250 et seq.

B. Documentation of Costs: All costs shall be supported by properly executed payrolls, time records for personnel, invoices, agreements or vouchers, or other official documentation evidencing in complete and proper detail the nature and propriety of the charges.

C. Certified Statement: By October 30th of each year during the Term hereof, Contractor shall furnish to City a statement in writing, certified by Contractor and a Certified Public Accountant to be correct, showing in detail how the funds received pursuant to this Agreement were expended and whether the funds were expended for a purpose authorized by this Agreement for the prior calendar year.

D. The City may, in its sole discretion, require an audit to confirm that Contractor expenditures have if the City determines in its sole discretion that Contractor expenditures have not been consistent with the PHTID Management District Plan, the 1994 Law, or any other applicable laws. Any such audit(s) shall be undertaken by City or its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards.

Contractor agrees to fully cooperate with any such audit(s). Any such audits shall be paid for with PHTID funds.

16. Conflicts of Interest. Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with performance of services required under this Agreement.

17. Notices. All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:

A. Personal delivery: When personally delivered to the recipient, notices are effective on delivery.

B. First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.

8.1.c
Packet Pg. 119 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 6 C. Overnight Delivery: When delivered by overnight delivery with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service.

D. Addresses for purpose of giving notice are as follows:

To City:

City Manager
100 Gregory Lane
Pleasant Hill, CA 94523
To Contractor:

President and Chief Executive Officer
91 Gregory Lane, Suite 11
Pleasant Hill, CA 94523
E. Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.

F. Any party may change its address by giving the other party notice of the change in any manner permitted by this Agreement.

18. Equal Employment Opportunity Practices Provisions. Contractor certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375 and supplemented I 45CFR, Part 60, Title VII of the Civil Rights Act and any other federal or state laws pertaining to equal employment opportunity and that it shall not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, national origin, ancestry, marital status, political affiliation or physical or mental condition, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation or termination.

A. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

B. Contractor shall, if requested to so do by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor.

C. If requested by the City, Contractor shall provide the City with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

D. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act which is prohibited by law.

8.1.c
Packet Pg. 120 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 7 E. Contractor shall include the provisions set forth in this Section in each of its subcontracts.

19. Time of Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

20. Choice of Law. This Agreement, and any dispute arising from the relationship between the Parties hereto, shall be governed by the laws of the State of California. The venue for any litigation arising out of or in connection to this Agreement shall be the County of Contra Costa.

21. Advertising or Publicity. Contractor shall not use, reproduce or copy the seal of the City and shall not represent the City in an official capacity as spokesperson or officer or agent or use the name City of Pleasant Hill, or the names of the City’s officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of the City in each instance unless set forth in this Agreement. Nothing in this Section prohibits Contractor from using the name Pleasant Hill Tourism Improvement District or City of Pleasant Hill for regional identification for promotion and marketing of the PHTID.

22. Entire Agreement. This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between City and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the Parties and sets forth the entire understanding of the Parties regarding the subject matter thereof. This Agreement may not be modified except by a written document signed by both Parties.

23. Subcontracting/Assignment. Contractor shall not subcontract, assign or delegate any portion of this Agreement or any duties or obligations hereunder without the City’s prior written approval.

A. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void.

B. Contractor may use subcontractors to provide any portions of the service identified in Exhibit A without prior written consent of the City.

C. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.

24. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.

8.1.c
Packet Pg. 121 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 8 25. Waiver. City and Contractor agree that waiver by City or Contractor of any default or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent default or violation of the same or any other term or condition.

26. Force Majeure. No party shall be considered to be in default in the performance of any of its obligations under this Agreement (other than obligations to make payments for bills rendered pursuant to this Agreement) when a failure of performance shall be due to uncontrollable force. The term “uncontrollable force” shall mean any cause beyond the control of the party unable to perform such obligations, including, but not limited to, failure of or threat of failure of facilities, flood, earthquake, storm, drought, fire, pestilence, lightning and other natural catastrophes, epidemic, war, riot, civil disturbance or disobedience, strike, labor dispute, labor or material shortage, sabotage, government priorities, restraint by court order or public authority and action or non-action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome.

27. Authority and Effective Date. Contractor and Contractor’s signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of Contractor and to bind Contractor hereto. City and City's signators represent that the signators hold the positions set forth below their signatures and that the signators are authorized to execute this Agreement on behalf of City and to bind City hereto.

The effective date of this Agreement shall be April 1, 2022 (“Effective Date”). In the event Contractor fails to set forth a date of execution opposite the name(s) of Contractor’s signator(s), Contractor hereby authorizes City, by and through its representative, to insert the date of execution by Contractor’s signator(s) as the date this Agreement, as executed by Contractor, is received by City.

IN WITNESS THEREOF, the Parties hereto have executed or approved this AGREEMENT on the dates below their signatures.

City of Pleasant Hill
By____________________________________
____________________________________
(print name)
Title:__________________________________
Date:_________________________________
Stay Pleasant Hill
By_______________________________________
____________________________________
(print name)
Title:__________________________________
Date:_________________________________

8.1.c
Packet Pg. 122 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation) 9 EXHIBIT A
Scope of Services
Contractor shall provide the following services:

1. Contractor will conduct the day to day operations of the PHTID.

2. Contractor shall cooperate with City and City staff in the performance of all work hereunder.

3. Contractor will provide projects, programs and activities that benefit businesses within the PHTID in accordance with the PHTID Management District Plan attached hereto and any subsequent amendments thereto.

4. Contractor shall perform responsibilities under the Property and Business Improvement District Law of 1994 (the “Law”) including but not limited to:
a. Preparation of the Annual Report required by the Law, which shall include:
 Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.  The improvements and activities to be provided for that fiscal year.  An estimate of the cost of providing the improvements and the activities for that fiscal year.
 The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
 The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
 The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

In addition, the Annual Report shall include:
 Details of the accomplishments of the district during the previous fiscal year.  An overview of the budgeted versus actual expenditures and revenue for the previous fiscal year.
b. The Annual Report for the prior calendar year shall be prepared and submitted to the City Council by October 30th of each year this Agreement is in effect.

5. Contractor shall develop and maintain financial records related to receipt and/or expenditure of all funds received from City.

8.1.c
Packet Pg. 123 Attachment: Draft Owners Association Agreement - redline (TID Renewal - Resolution of Formation)

8.1.d
Packet Pg. 124 Attachment: Renewal Notice to Lodging Businesses Within Proposed PHTID (TID Renewal - Resolution of Formation)

8.1.d
Packet Pg. 125 Attachment: Renewal Notice to Lodging Businesses Within Proposed PHTID (TID Renewal - Resolution of Formation) 2020/2021 Review &
2021/2022 Goals

8.1.e
Packet Pg. 126 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Committee Members
J.C. Medina

COMMITTEE CHAIR

GENERAL MANAGER

RESIDENCE INN BY MARRIOTT

GENERAL MANAGER

HYATT HOUSE PLEASANT HILL
Kelly Calhoun

ECONOMIC DEVELOPMENT MANAGER

CITY OF PLEASANT HILL
Jeremy Carlson

COMMITTEE SECRETARY

PRESIDENT AND CEO

PLEASANT HILL CHAMBER OF COMMERCE
Staff
Viola Ncube

DIRECTOR OF SALES AND MARKETING
Partners
City of Pleasant Hill
Pleasant Hill Chamber of Commerce
Pleasant Hill Recreation and Park District
Paul Gaines

GENERAL MANAGER

HOMEWOOD SUITES BY HILTON
Tony Patel

GENERAL MANAGER

PLEASANT HILL INN
Richard Chanofsky

GENERAL MANAGER

SONESTA SELECT
Jamie Eberhart

SALES MANAGER

HYATT HOUSE PLEASANT HILL

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Packet Pg. 127 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Vision
Pleasant Hill is a sought-out hub from which visitors can stay, play, and explore all the Bay Area and Northern California have to offer. It is renowned for its events, facilities, and accessibility to all the Bay Area.

Goals
• Raise awareness around the region,
establishing the city as an option for
tourists, business travelers, sports
enthusiasts, and others
• Improve consistency, quality of
messaging, and brand representation
across all media channels
• Showcase the city’s diversity of offerings
that resonate with different audiences
• Gain regional and national recognition for
the events and amenities of the city.

Mission
To increase the number of overnight stays in Pleasant Hill hotels, promote Pleasant Hill’s location, recreational facilities, events, and to invest in ways to improve each for the visitor experience.

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Packet Pg. 128 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Strategic Pillars
PILLAR 1 - LOCATION
Central Location – The center of everything.

Proximity to south and northern California.

Proximity to 680 highway, Oakland, Buchanan
& SF International
PILLAR 2 - OUTDOOR ADVENTURE
Mount Diablo
Open Space & Trails
Parks & Recreation
PILLAR 3 – PROXIMITY TO ENTERTAINMENT
Sporting Events
Music Concerts, Festivals & Shows
Wine Country
Nightlife
Shopping
PILLAR 5 - FAMILY FRIENDLY
Theme Parks & Amusement Centers
Science & Art Camp Center
Outdoor Parks

8.1.e
Packet Pg. 129 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Financial Impact
The cost of providing improvements and activities for 2020-21 has remained relatively consistent with the Plan. 2020-2021 Financial Breakdown 2021-2022 Financial Breakdown

8.1.e
Packet Pg. 130 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Strategic Partnerships
Pleasant Hill Recreation &
Park District (PH Rec)
• Created hotel and wedding
packages
Lesher Arts
• Corporate rate for performers
who stay between 4-8 weeks
during performances coming
from Los Angeles & New York
City
• Christmas Carol Production in
December
Live Nation
• Purchased 4-seat box
• Rates for Live Nation production
team and performers
• Packaging includes transportation

JET SUITE X
• Packaged rates “Fly & Stay” for flights
arriving into Buchanan & Oakland
airports
• Targeted flights from Burbank, LAX,
Orange County, Phoenix and soon, Salt
Lake City & Las Vegas
Save Mt. Diablo
• Biking Challenge, Diablo Trail
(running), Seniors Cinderella Biking
Challenge
• Nature/Flower/Bird Watcher Tours &
Hotel Packages
• Geography & Animals Hiking Four Day
Package
• Save Mt Diablo Annual Gala
(20th anniversary)
• Mountain top Yoga with breakfast

8.1.e
Packet Pg. 131 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Industry Partnerships
Memberships
Pleasant Hill Chamber of Commerce
Meetings, Incentives, Conferences, and
Exhibitions (MICE)
Meeting Professionals International
California Society of Association Executives
Society of Government Meeting Planners
Corporate
Global Business Travel Association (GBTA)
Relocation Agencies SCR and BAMM
Sponsorships
Diablo Valley College
Leisure
US Tour Operator
Association Adventure
Travel Trade Association
Visit California
National Tour Association
American Bus Association
Destination Associations
CalFest Association
CalTravel Association
DMAWest
Mount Diablo Alliance
San Francisco Travel
Visit California

8.1.e
Packet Pg. 132 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) STR Destination Reports
2020/2021
STR is a company that tracks
international supply and demand data
for the lodging industry.

Average Occupancy
Average Daily Rate

60.8%
$128.80
Month with lowest
occupancy Dec. 2020 51.1%
Month with highest
Occupancy May 2021 74.8%

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Packet Pg. 133 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) 2020/21 Achievements

1. “Calling All Californians” Generated $150,000.00 revenue/930 room nights with $5,000.00 digital campaign investment

2. “Our Gate is Open” Awareness campaign - 630 million impressions

3. “What if…” May 2021 - June 2022 – has currently generated $64,000.00 revenue Sales Activities
Attended 9 Virtual Trade Shows
Partnership Management
Distributed care packages to our hotel’s
top clients
• July 2020 – 200 care packages with sanitizers, masks, toilet paper and “how to” notes
• September 2020 Meeting Planners via NorthStar –
60 De-stress packages including Rubik’s cubes, Wine,
Snacks
• December 2020 Association Planners via CALSAE –
120 Destress Holiday packages
• June 2021 (All segments) including Press – 350 “What
If you could travel” brand campaign packages
Covid Relief Marketing
Secured Government RFP’s for hotels with first
responders’ accommodations
Created “Work from Home” – Day-use packages for local
families needing a “quiet” place to work from

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Packet Pg. 134 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) 2020/21 Achievements
New Collateral
• Brochures with QR codes
• Visitor Guide
• Events Guide
• Weddings Guide
• Chinese Market Guide
New Website - WWW.STAYPLESANTHILL.COM
E-Shop

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Packet Pg. 135 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Marketing Goals
Additional Associations
• Destination Associations
• CalFest Association
• CalTravel Association
• DMAWest
• Mount Diablo Alliance
• San Francisco Travel
• Visit California
Reports
• Data Sources
• STR Reports
• Dean Runyan Reports
• VisaVue Data
• Website (Google) Analytics
• Facebook Analytics
• Hubspot
New Tools
• Collateral
• Website
- Ecommerce platforms
- Interactive tools
• Printed
- Brochures
• Digital Brochure with NFC codes for promotional updates • Leisure – Tour Operator Itineraries
• MICE – Incentives supplement
• Digital presentation material: videos, photos, social banners • Swag, pull-up banners, table dressings, table tents
• VR platform & assets

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Packet Pg. 136 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Marketing Goals (Continued)
Drive Visitation Through Marketing And
Sales Programs • Create and implement a rolling marketing plan to facilitate economic recovery
• Create opportunities for destination awareness • Strategically market Stay Pleasant Hill as the center of other destinations in the Bay area and Northern
California.

Create Strategic Partnerships • Cultivate partnerships that enhance tourism events, group and leisure travelers and/or leads that will
increase visitors, room nights and support local
businesses
Increase Funding Streams • Maximize the current Tourism Improvement Funds to enhance or add tourism driven events and opportunities
• Develop new creative revenue sources for future
planning, enabling Stay Pleasant Hill as a future tourist destination

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Packet Pg. 137 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) 2020/21 Achievements
Print/Digital Media Campaigns
Nationwide Target
26 Million

1. TV – California Dreams

2. Digital via Expedia, Adara,
Serjon

3. Social Media – Visit California
(Instagram, YouTube)
Print Target

1.3 Million
The Seattle Times, The
Oregonian, San Diego Tribune
Digital Target

2.3 Million

1. Inside Club – Diablo
Magazine

2. Email Campaigns – Bay
Area

3. Seattle, San Diego,
Albuquerque News
Publications

4. SPH Social Platforms

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Packet Pg. 138 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Social Media Engagement
GOALS

1. Grow social followers and engagement

2. Adjust the look of the Social Media feeds to be more on brand

3. Consistent posts – Facebook, LinkedIn, Instagram & Twitter

4. Utilize UGC 2x a week, 2 posts of local business content

5. Phase out off-brand content
Instagram Facebook LinkedIn Twitter Website
2019/20: 1,095 2019/20: 608 2019/20: 0 2019/20: 75 2019/20: 3,300 2020/21 goal: 2,500 2020/21 goal: 1,500 2020/21 goal: 200 2020/21 goal: 200 2020/21 goal: 13,000 (was changed to 6000 instead
due to COVID)
2020/21 actuals: 7857 200/21 actuals: 690 2020/21 actuals: 29 2020/21 actuals: 241 2020/21 actuals:
7,254 (up to May ’21)
2021/22 goals: 8900 2021/22 goals: 1300 2021/22 goals: 100 2021/22 goals: 400 2021/22 goals: 11,000

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Packet Pg. 139 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) Community
Supported First Responders
Police Department, Fire
Department, Hospitals
• “Sleep Rooms” • Sanitizers and Masks • Co•ee gift cards • Delivered Donuts • Delivered Sandwiches

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Packet Pg. 140 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation) 2021/22 Goals
Administration
• Get agency support for digital marketing and
website refresh
• Purchase a customer relationship
management (CRM) tool
Marketing
• Innovative Collateral – Website refresh, digital
brochures, virtual reality shoots, MICE, Leisure and
Chinese Language brochures
• Brand awareness campaigns (print & digital)
• Employ local social media consultant
• Invest in earned media campaigns
Sales
• Attend a minimum of at least four trade shows,
conferences and networking events
• Conduct a minimum of four sales trips to key
source markets – Southern California, Arizona,
Nevada, Northern California
• Conduct three fam trips (Covid contingent)
CommunityRelations
• Grow strong community support (CSR)
• Create a SPH Young Leaders Network program
• Support Pleasant Hill Police and Pleasant Hill Fire
Departments with PPE and meals

8.1.e
Packet Pg. 141 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation)

QUESTIONS

8.1.e
Packet Pg. 142 Attachment: 2021 Pleasant Hill TID Annual Report (TID Renewal - Resolution of Formation)

CITY COUNCIL STAFF REPORT
Meeting Date: January 24, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO.___-22

APPROVING A DEVELOPMENT PLAN PERMIT, USE PERMIT,

MINOR SUBDIVISION AND ARCHITECTURAL REVIEW PERMIT
(PLN 21-0294) FOR THE 490 GOLF CLUB ROAD PROJECT (CHOICE IN AGING – ADULT DAY CARE, CHOICE IN LEARNING – CHILD

DAY CARE, AND SATELLITE AFFORDABLE HOUSING
ASSOCIATION – 81 UNIT AFFORDABLE SENIOR HOUSING) AT 490 GOLF CLUB ROAD (ASSESSOR PARCEL NUMBER 153-030-004)

SYNOPSIS
Choice In Aging/Choice In Learning and Satellite Affordable Housing Association (Applicant) is requesting a Use Permit, Minor Subdivision, Development Plan Permit and Architectural Review Permit for the development of three individual facilities, Adult Day Care - Choice in Aging (CiA), General Child Care - Choice in Learning (CiL) and Affordable Senior Housing - Satellite Affordable Housing Association (SAHA), that would operate as one campus. The request has been reviewed by the Architectural Review and Planning Commissions, and both have recommended the City Council approve the request.

DISCUSSION
A. Project Description
The Applicant is requesting approval of Architectural Review and Development Plan Permits that include the demolition of one existing, one-story adult day care facility and demolition of an existing, one-story pre-school building. The two permits would also include the development of three new facilities (an adult day care facility, a Montessori pre-school facility and a four-story affordable senior housing residential facility) and associated site improvements to include 127 parking spaces, private roads, landscape areas and tree removals. The four-acre site was recently rezoned from R-7 Single Family Residential - High Density zoning district to a PUD (Planned Unit Development District - Specific Plan), and an accompanying General Plan Amendment was recently adopted to change the General Plan land use designation on 1.46-acres of the four-acre project site from Semi-Public & Institutional to Multi-Family Very High Density (Allowed Density:
41-73 dwelling units per net acre). The proposed density would be 73 dwelling units per

9.1 Packet Pg. 143
net acre (based on 1.12 net acres).

The Minor Subdivision (Tentative Tract Map) is a request to subdivide the four-acre project site into three legal parcels consisting of Parcel A (1.83 acres), Parcel B (0.72 acres) and Parcel C (1.44 acres). The parcels would be developed as follows:
 Parcel A is proposed to accommodate the CiA and CiL facilities.  Parcel B is proposed to remain undeveloped with the possibility of being developed in the future with a medical offices and an assisted living facility.  Parcel C would be developed with the affordable senior housing facility (SAHA).

The City Council will consider the ARC’s and Planning Commission’s recommendations to approve the request and will take final action.

B. Background and Project Location

1. Background
The facility, initially opened in 1949, was known as the Mt. Diablo Therapy Center and served those that were afflicted with polio. Over the years, as polio was eradicated, the facility added/modified its services, expanded the building footprint, and merged with other service providers until it was renamed Rehabilitation Services of Northern California (RSNC) in 1984. Most recently, the facility has been renamed Choice in Aging to better reflect the services offered.

The following is a summary of recent activity relative to the proposed project:
 November and December 2020 - The Architectural Review Commission (ARC) and PC both held public hearings on the request and recommended the City Council approve the proposed PUD Concept/Specific Plan, and associated Initial Study/Mitigated Negative Declaration.  January and February 2021 - The CC approved Application No. PLN 18-0445 for the General Plan Amendment request (to change 1.46 acres of the fouracre project site from Semi-Public Institutional to Multi-Family Very High Density - 41-73 dwelling units per net acre), a PUD Rezoning application, including the associated PUD Concept/Specific Plan and zoning map amendment, and adoption of the associated Draft Initial Study/Negative Declaration and Mitigation Monitoring and Reporting Program (Attachment H - City Council Ordinance No. 942).

The Rezoning request established a PUD Planned Unit Development District/Specific Plan (Ordinance 942) on the entirety of the four-acre project site. The approved Concept/Specific Plan includes the following:

1. Relocation of the existing Choice in Aging (adult day care facility) and

9.1 Packet Pg. 144
Choice in Learning (Montessori pre-school facility) on the site.

2. Development of an 82-unit (four-story) affordable senior housing project that would have a maximum allowed density of 73 dwelling units per net acre based on 1.12 net acres (and a maximum allowed density of approximately 56 dwelling units per gross acre based on 1.46 gross acres).

3. Development of a medical clinic and three-story assisted living facility.

4. Site improvements including new landscaping, 127 on-site parking spaces (consisting of 94 spaces on the project site and 33 spaces located within a vehicular access easement), site lighting, and retention basin areas.

Architectural Review Commission Meeting - November 18, 2021 The ARC held a public hearing on the request and recommended approval with the adoption of ARC Resolution No. 03-21, to the Planning Commission and City Council.

The ARC’s recommendations are subject to recommended findings and conditions of approval (Attachment I - ARC Resolution 03-21). No individuals from the public spoke on the item.

Planning Commission Meeting - December 14, 2021
The PC held a public hearing on the request and recommended approval of the request with the adoption of PC Resolution No. 22-21, to the City Council. The PC’s recommendations are subject to the recommended findings and conditions of approval (Attachment J - PC Resolution 22-21). No individuals from the public spoke on the item.

2. Project Location
The four-acre project site (consisting of one legal parcel) is located on the north side of Golf Club Road and is addressed as 490 Golf Club Road; Assessor Parcel Number 153- 030-004.

C. General Information

1. General Plan
The General Plan designates the four-acre project site as follows: (1) western 2.54 acres of the site as Semi-Public and Institutional and (2) eastern 1.46 acres as MultiFamily Very High Density - (41-73 dwelling units per net acre).

2. Zoning
The existing zoning designation for the entirety of the four-acre project site is PUD - Planned Unit Development District/Specific Plan (Ordinance No. 942).

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3. Site Description and Existing Land Use
The four-acre site (consisting of one legal parcel) is currently developed with multiple single-story buildings, a surface parking facility and landscaping. The site currently includes an adult day care facility and general day care use (pre-school). The site is relatively flat with an upslope located in the northeast corner of the site. The sole access to the site is an extensive shared vehicle easement that connects the project site to the north side of Golf Club Road.

4. Surrounding Zoning and Uses
Zoning Uses
North Multi-Family Residential - Low
Density
Condominiums/Townhouses
South R-7 Single Family Residential - High
Density District
Diablo Valley Junior College
Parking Facility
East MFR - Low Density Condominiums/Townhouses
West PUD Planned Unit District -
Ordinance 723 and Contra Costa
County Open Space
Contra Costa Country Club,
Single Family Residential Homes,
and Contra Costa Canal Corridor
Surrounding uses and zoning include multi-story, multi-family residences in the MultiFamily Residential - Low Density area to the north and to the east. To the south, the project site abuts a Diablo Valley Junior College surface-parking facility located in the R-7 Single Family Residential - High Density district and to the west, across the Contra Costa Canal open space corridor, are single family homes located within the jurisdiction of Contra Costa County and the Contra Costa Country Club with a PUD Ordinance 723 zoning designation.

D. Necessary Findings
Necessary findings for the project, including the proposed Use Permit, Development Plan Permit, Architectural Review Permit and Minor Subdivision are in recommended City Council Resolution No. ___-22 (Attachment B).

ANALYSIS
A. General Plan Consistency
The project is consistent with multiple General Plan goals/programs/policies, which are cited in Attachment B (City Council Resolution: see Development Plan Permit Finding No. 3). In addition, many of the same General Plan goals/programs/policies are cited in City Council Resolution No. 8-21, which both approved the applicable General Plan Amendment on January 25, 2021, and certified the associated IS/MND and Mitigation Monitoring and Reporting Program for the proposed project.

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B. Conformance with Zoning (Approved PUD Concept/Specific Plan) The entire four-acre project site is currently zoned PUD Planned Unit Development District/Specific Plan (Ordinance No. 942, Attachment I). As part of the PUD zoning designation, is a Concept/Specific Plan that identifies a component of multi-family residential (affordable housing for seniors) and an adult day care facility and pre-school facility and includes site-specific development standards tailored to the particular project site and proposed development. As part of this request, the applicant is proposing to comply with each of the approved PUD Concept/Specific Plan development standards contained in Attachment E.

Section 18.30.040 (Development Regulations) governs site features such as minimum area, residential unit density, performance standards and other miscellaneous development regulations.
 Performance standards. The performance standards prescribed by PHMC § 18.50.060 apply.

The project will be conditioned to comply, and/or address in the adopted Initial Study/Mitigated Negative Declaration, all performance standards, including, but not be limited to: noise, vibration, odors, hazardous materials, etc.  Other development regulations. Other development regulations shall be complied with as prescribed in the PUD Concept/Specific plan.

Further discussion and analysis of the proposed components of the project follows:

1. Parking.

Vehicle Parking: The applicant is proposing 127 total parking spaces for the initial build-out of parcels A and C, consisting of 94 spaces onsite and 33 spaces to be located within the vehicular easement that connects the project site to the Golf Club Road public right-of-way. Four of the 94 parking spaces on the project site would consist of shuttle pick-up/drop-off spaces along the front of the Choice in Aging facility on the west side of Parcel A.

A parking study was completed as part of the PUD Concept/Specific Plan that included the proposed project (contained as part of the adopted IS/MND). The study concluded that the future (full) build-out of the project (which may consist of the medical clinic and assisted living facility on Parcel B), would need to provide 144 parking spaces.

However, the project as proposed is not the full build-out. The proposed project does not currently include the medical clinic and assisted living facility that is cited as potential land uses in the approved PUD Concept/Specific Plan. For the initial development of Parcel A (CiA & CiL) and Parcel C (SAHA senior affordable housing) the project is required to provide 121 parking spaces, where 127 parking spaces are proposed, for an excess of six parking spaces. Full build-out of the project, would

9.1 Packet Pg. 147
require further analysis or additional parking supply to meet the 144 parking space demand.

Electric Vehicle (EV) Parking: Section 18.55.070.A (Electric Vehicle Parking) of the Zoning Ordinance requires electric vehicle parking, as specified by the Architectural Review Permit, Use Permit and Development Plan Permit. The PUD Concept/Specific Plan requires at least five EV parking spaces, with the applicant proposing six EV parking spaces on the project site.

Bicycle Parking: Section 18.55.070.B (Bicycle Parking) of the Zoning Ordinance requires bicycle parking for non-residential district projects only. The PUD Concept/Specific Plan requires, and the applicant is proposing, provision of a bicycle parking facility (to accommodate no less than 16 bicycles) in the green common area to serve residents/visitors/employees.

Motorcycle Parking: Section 18.55.070.E (Motorcycle Parking) of the Zoning Ordinance requires no less than one motorcycle parking space for commercial, office or industrial uses over 10,000 square feet. The PUD Concept/Specific Plan requires, and the applicant is proposing, provision of one motorcycle parking space to serve visitors and/or employees.

2. Setbacks.

On Parcels A and B the minimum proposed interior side yard setback is 0 feet, which is compliant with the approved PUD Concept/Specific Plan. All other setbacks on Parcels A, B and C would be compliant with PUD Concept/Specific Plan standards. In addition, substantial setbacks (ranging from 39 to 75 feet) will be provided from the proposed buildings to existing surrounding development. Therefore, based on location and design, the ARC and the PC made a recommendation to the City Council to approve the proposed project setbacks including those for internal uses.

3. Solid Waste Facilities.

Trash areas would be internal (i.e. part of the associated building’s floor plan) and provided as follows: (1) one 246 square-foot trash area with a roll-up metal door, located in the northwest corner of the CiA building, that would be utilized by the CiA and CiL uses, and (2) one 185 square-foot area, accessed by double-wide hinged doors, on the ground floor of the SAHA building’s east elevation. Lastly, smaller trash receptacles would be located throughout the central open space area for use by patrons, visitors and residents of the campus (see trash receptacle details on plan sheet L4.00 in Attachment D).

4. Landscape and Tree Replacement.

Landscaping for the site (including both soft-scape and hardscape components) will include: (1) upper and lower terraces for the senior housing facility (Parcel C), (2)

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playground areas for the pre-school facility, (3) a memory garden for the adult day care facility, and (4) a central garden area.

Of the 212 existing trees located within the four-acre project site, 168 trees are proposed to be removed, including 60 Coast Live Oak trees and four Valley Oak trees. Of the 168 trees to be removed, 77 trees are “protected” trees (consisting of 49 native trees and 28 non-native trees) in accordance with the City’s Tree Preservation Ordinance. Lastly, there would be retention of 44 existing trees in addition to 148 new trees (26 of which consist of 24 Coast Live Oak trees and two Valley Oak trees) for a total of 192 trees to provide screening from most adjacent perspectives. Lastly, the applicant provided a tree protection plan (see Plan sheet L2.22 in Attachment D) for the 44 trees to remain, which may be impacted by construction activities.

In addition to trees, other landscape improvements would be native plants and lowmaintenance flowering plants and shrubs to provide a variety of color, shade and texture on the campus. The proposed landscaping, in relation to the building textures and colors, are designed to evoke the feeling of “joy” which is the primary theme of the campus.

Also, outdoor areas for the adult day health care programs will provide short and long walking paths, seating areas of various sizes, and separation via fencing so that program areas can be maintained. Lastly, the community garden area will provide therapeutic activities for participants and residents.

5. Fences and Walls.

The approved PUD Concept/Specific Plan requires that fence heights be limited to eight feet for perimeter fencing and six feet for all other locations (excluding fencing on retaining walls). In addition, fencing on (or near to) a retaining wall would be required to comply with the applicable zoning ordinance development standard. The design guidelines contained in the approved PUD Concept/Specific Plan also encourages that any retaining walls on the site be minimized in height (six feet tall) to the greatest extent feasible.

Interior fencing, to delineate the multiple uses on the campus, would primarily consist of a redwood picket fence design (with varying picket widths) anchored by blue steel posts and steel gates. The perimeter fencing along the south property line (abutting the DVC overflow parking area) would consist of steel-welded wire anchored by blue steel posts.

Fence details can be reviewed on plan sheets L4.01 and L4.02 in Attachment D.

The fencing and wall plans reviewed by the ARC and PC did not include design details (i.e. general design, dimensions, materials, colors) in regards to the perimeter fencing and all retaining walls. As a result, the ARC and PC adopted Resolutions included the following condition of approval:

Recommended Architectural Review Permit Condition 1.2: The applicant shall submit detailed plans, drawn to scale, to indicate the location, design, height, materials and colors of: (1) all retaining walls (interior and perimeter) and (2) all perimeter fencing.

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In addition, the plan shall include any modifications to perimeter plant species in accordance with Architectural Review Commission direction. The plans shall be submitted for review and approval by the ARC prior to issuance of a Building Permit, but not prior to issuance of a Grading Permit. (Attachment B - City Council Resolution No. ___-22).

6. Lighting.

In accordance with the approved PUD Concept/Specific Plan, freestanding light standards are required to comply with the City’s 24-foot maximum light standard height.

As a result, the applicant is proposing freestanding light features to be compliant with the maximum light height allowed in the PUD Concept/Specific Plan. More specifically, the site would accommodate 31 freestanding single-head pole lights (16 feet and 20 feet tall) and eight 10-foot tall pole lights. Lastly, the applicant submitted a compliant photometric study associated with the proposed site lighting. Lighting details and the photometric studies can be reviewed on plan sheets P-1 through P-10 in Attachment D.

7. Open Space.

Parcel C of the approved PUD Concept/Specific Plan contains a senior affordable multifamily housing component. This parcel, by itself does not have adequate opportunities for necessary open space. To address this potential short fall in open space, the approved PUD Concept/Specific Plan allows open space provisions for the senior affordable multi-family housing component to be satisfied by open space opportunities throughout the entire PUD area (including Parcels A & B). The PUD Concept/Specific Plan supports this concept as the entire project area has unrestricted access to each component, and therefore is structured as a campus and the uses throughout the PUD are complementary.

8. Density.

The recently approved General Plan designation (Multi-Family Residential Very High Density) on Parcel C allows a density of 41 to 73 units per net acre. As a result, the proposed 73 units per net acre (based on 1.12 net acres) complies with the current General Plan designation and the current PUD Concept/Specific Plan.

9. Scale and Mass of Structures.

The ARC and the PC recommended approval of the project’s scale/massing, primarily citing the project’s high quality architecture and siting of the three- and four-story residential structure, in addition to the two-story adult day care facility (see Architectural Review Permit Findings in Attachment B - City Council Resolution No. __-22).

10. Architecture
The approved PUD Concept/Specific Plan includes provisions related to siting and

9.1 Packet Pg. 150
setbacks of buildings to minimize impacts from surrounding properties, and allows building architecture and colors of “whimsical joy” and forms for elder care and preschool users. The PUD Concept/Specific Plan also encourages open space and light access in connection with access to usable green and open spaces. The proposed design is intended in part, to address the needs of seniors and those with memory care issues, the primary users of the facilities. Thus, the proposed project design is compatible with the design guidelines contained in the approved PUD Concept/Specific Plan which include, but are not limited to: (1) consistency with the City Wide Design Guidelines, (2) provision of amenities to nurture the health and well-being of patrons/visitors/residents associated with an Aging in Place campus, (3) use of bright colors and whimsical forms to challenge the traditional elder care setting and borrow from the pre-school elements to evoke the sense of “joy, (4) maximization of daylighting and outdoor connections through large windows and doors, and (5) provision of a planned green roof at CiA for outdoor space dedicated to the staff.

The ARC recommended approval of the project’s architectural design theme, primarily citing multiple materials and colors on the various structures. In addition, the applicant submitted photo simulations to provide a visual representation of the proposed buildings (mass, height, etc.) as seen from various adjacent perspectives (Attachment F).

Potential impacts (shadowing, views, privacy, aesthetics, etc.) from the proposed number of building stories (to include three and four stories) and building heights (36 to 49 feet), would be minimized by the proposed significant setbacks (39 to 75 feet), ample perimeter landscape (trees for screening) and multiple architectural design features (to include varied façade setbacks, materials and colors). Neither the ARC nor PC expressed any concerns with the multiple story buildings, building design or compatibility while reviewing/recommending the Architectural Review Permit.

Choice in Aging (CiA): The exterior walls of the building would consist of wood panels, stucco (painted beige) with fiber cement panels to accommodate bright colors to the entry portal and color accents around the building. Geometric windows are inset into the building with color surrounds to bring subtle color accents to play off the adjacent pre-school facility.

Choice in Learning (CiL): The colors and patterns (i.e. colorful circles) on the exterior walls of the pre-school facility are intended to be whimsical to provide interest for the young age group attending the facility. The building would reflect the same wood panels, stucco and fiber cement panel materials of the CIA building.

Senior Housing: The facility would exhibit the same wood panels, stucco and fiber cement panel materials as the CiA and CiL facilities to provide a cohesive design theme. In addition, the various colors and materials would create a massing appearance of multiple buildings rather than one contiguous building. The building’s entry is accented with a color portal to match that of the CiA and CiL portals.

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11. Contra Costa Fire Protection District
During the first entitlement phase of the project (General Plan Amendment, Rezoning and IS/MND) the County Fire Protection District considered requiring the provision of a second emergency vehicle access (EVA) easement for the project. However, since that time, the County Fire Protection District has provided clearance for the project to be served with the existing EVA easement that connects the four-acre project site to the north side of Golf Club Road. Note: Provision of a second EVA or an alternative approved by the Fire District is an IS/MND mitigation measure, thus, this provision has been satisfied.

C. Compatibility
The surrounding area includes a mix of single and multi-family residences, a junior college campus and a mix of offices and commercial uses to the west. Therefore, the proposed design and physical development (adult day care, multi-family residential and general day care) could continue to be determined to be compatible with surrounding physical development. In addition, the PUD Concept/Specific Plan allows the additional height and four-story senior housing facility because it was found to be compatible with the area and consistent with the City-Wide Design Guidelines.

To provide an illustrative example of the results of the approved PUD Concept/Specific Plan, the applicant completed photo simulations of the project from surrounding views.

The photo simulations were designed to provide the “worst-case” scenario from surrounding views. Many of the views are obstructed by either existing buildings and/or vegetation (Attachment F).

As previously determined through adoption of the PUD Concept/Specific Plan, the project design is compatible with the surrounding area by including adequate buffers from surrounding uses, using design techniques (such as varied roof styles, varied exterior wall treatments, trellis features, staggered façade setbacks, multiple building color schemes, etc.), incorporating architectural styles (use of wood panels and stucco) that are compatible with the surrounding area, using building materials and colors that are compatible with surrounding single family and multi-family homes and the use of landscaping throughout the site. Lastly, the taller buildings of the project are compatible with the DVC Junior College that includes large buildings within the adjacent school campus.

The two proposed land uses (adult day care facility and general day care facility) are appropriate for the project site and compatible with the adjacent residential and school uses as the two proposed uses have been operating on the site for several years without issues and appropriate for the mixed uses in the area. The proposed senior housing is also compatible with the existing multi-family uses in the surrounding area. In addition, the proposed uses have been analyzed in this report and in the associated, and previously adopted IS/MND, to ensure that parking, noise and operational impacts are not in conflict or result in negative effects to properties and users within the vicinity of the site.

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D. Conformance with City Wide Design Guidelines
The Architectural Review Commission and Planning Commission both considered the project’s substantial conformance with Citywide Design Guidelines. Both Commissions found the project to be consistent with specific Citywide Design Guidelines (Attachment B: Recommended City Council Resolution ___-22).

E. Use Permit Findings
In accordance with Section 18.95.020, a Use Permit is required to be reviewed by the Planning Commission to ensure compatibility with the surrounding uses and area. In addition, findings must be made by the City Council prior to approval of the Use Permit (see UP Findings in Attachment B - City Council Resolution No. ___-22).

In accordance with the approved PUD Concept/Specific Plan, a Use Permit is required for the new/expanded adult day care facility (CiA) and the new/expanded general day care facility (CiL).

More specifically, the Use Permit request is as follows:
 Choice in Aging (CiA): An approximate 24,750 square foot adult day care use facility with a maximum number of elderly participants to be no more than 60 individuals and with a maximum of 35 employees at any one time. Operating day/hours limited to Monday through Friday from 7 a.m. to 6 p.m.  Choice in Learning (CiL): Expansion from an approximate 5,000 square foot Montessori pre-school facility to an approximate 7,000 square foot Montessori preschool facility (general day care use) with a maximum enrollment of no more than 90 children, ages 2-6, and a maximum of five employees at any one time. Operating day/hours would be limited to Monday through Friday from 7 a.m. to 6 p.m.

Historically, the adult day care use (Choice in Aging) has operated without an approved Use Permit as the use was established prior to City incorporation, which would have been required under the previous R-7 zoning district. The existing adult day care facility is 26,200 gross square feet, where the new facility would be 24,750 gross square feet. As a result, there would be an approximate 1,500 square-foot reduction in gross floor area and an increase in number of stories from one-story to two-stories.

The proposed days/hours of operation for the Choice in Learning facility are not proposed to be modified from the Use Permit approved by the Zoning Administrator on July 16, 1989 (CUP application no. 517-89) (see Attachment M). In addition, the proposed maximum number of children (90) is the same as the maximum capacity approved in 1989. Therefore, the only modification from that of the current pre-school operation is a 2,000 square-foot increase in the gross floor area of the pre-school facility.

Thus, since both facilities have been operating historically without complaints, it is

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expected this would continue with the new facility. The Planning Commission reviewed the Use Permit and recommended approval of the request to the City Council, as proposed.

F. Development Plan Permit Findings
In accordance with Section 18.90.020, a Development Plan Permit is required to be reviewed by the City Council to ensure quality of design. In addition, findings must be made by the City Council prior to approval of the Development Plan Permit (see DP Findings in Attachment B - City Council Resolution No. ___-22). The Planning Commission reviewed the Development Plan Permit and recommended approval of the request to the City Council, as proposed.

G. Architectural Review Permit Findings
The Architectural Review Commission and Planning Commission reviewed the proposed Architectural Review Permit and made a recommendation to approve the project, as proposed. A detailed analysis of the permit request can be found in the November 18, 2021 Architectural Review Commission Staff Report (Attachment I). In addition, findings must be made by the City Council prior to approval of the Architectural Review Permit (see AR Permit Findings in Attachment B - City Council Resolution No. ___-22).

H. Minor Subdivision Findings
When reviewing and approving a Minor Subdivision the City Council must make findings of conformance with the General Plan and the Zoning Ordinance. In addition, the project must comply, or substantially comply, with the standards contained in the City’s Subdivision Ordinance (Title 17 of the Pleasant Hill Municipal Code).

More specifically, in accordance with Chapter 17.25 of the PHMC, the findings contained in Attachment B (City Council Resolution No. ___-22) must be made by the City Council prior to approval of the Minor Subdivision (Tentative Tract Map). The Planning Commission reviewed the Minor Subdivision and recommended approval of the request to the City Council, as proposed.

I. Engineering Comments
The Engineering Division reviewed the proposed three-lot subdivision and associated offsite improvements, including driveway, sidewalk, curb and gutter, and the storm drain system in the public right-of-way. The review also included parking, vehicular access, and both pedestrian and traffic circulation and proposed site grading, drainage and stormwater treatment. After review, the Engineering Division provided appropriate conditions of approval for the project including, but not limited to, frontage improvements, easements, and necessary utility and infrastructure improvements for the proposed project (see Engineering Division recommended conditions of approval in Attachment B).

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CEQA
The City adopted a Draft Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, consisting of nine mitigation measures for the project when the initial approval of the General Plan Amendment and Rezoning occurred for the proposed project. This document also included review of the current project proposal before the City Council (Attachments K and L).

CONCLUSION
Approval of the four associated entitlements would result in long-term redevelopment of an underutilized site developed with a semi-public institutional building occupied by an adult care and pre-school use. The proposed project would improve the site with a new affordable senior housing development, a new and expanded adult care and child care facility including updated landscaping, and other various site improvements. The proposed project has been reviewed by the ARC and PC and both recommended approval of the project, with adoption of ARC Resolution No. 03-21 and PC Resolution No. 22-21.

FISCAL IMPACT
None.

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page. A notice of the public hearing was mailed to each residence and/or owner of properties within 500 feet of the project site in addition to outside agencies and Native American Governments that provided written comments related to the CEQA document (Draft IS/MND).

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed Resolution.

ALTERNATIVES TO RECOMMENDED ACTION 1. Adopt the proposed resolution with modifications. 2. Provide further direction to staff pertaining to the proposed resolution and continue consideration to a subsequent City Council Meeting. 3. Do not adopt the proposed resolution.

ATTACHMENTS
Attachment A Location Map
Attachment B Staff Recommended City Council Resolution __-22 Attachment C Development Plan Permit Analysis and Use Permit Analysis

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Attachment D Project Plans: Minor Subdivision, Use Permit and Site Improvements related to Development Plan Permit and Architectural Review Permit Attachment E Approved Development Standards Table in PUD Concept/Specific Plan
Attachment F Applicant’s Photo Simulations
Attachment G Applicant’s Arborist Report Amendment dated January 6, 2021 Attachment H City Council Ordinance No. 942 adopted on February 22, 2021 Attachment I ARC Letter of Action dated November 19, 2021 (including Architectural Review Commission Resolution No. 03-21)
Attachment J PC Letter of Action dated December 16, 2021 (including Planning Commission Resolution No. 22-21)
Attachment K Adopted Final Initial Study/Mitigated Negative Declaration (Appendices can be viewed at the Planning Division)
Attachment L Approved Mitigation Monitoring and Reporting Program Attachment M Zoning Administrator Approval Letter for Use Permit CUP 517-89 Attachment N Comments from Outside Agencies
Attachment O Public Hearing Notice
Prepared by: Jeff Olsen, Associate Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: June Catalano, City Manager

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roject Site
I

LOCATIQN MAP
490 GOLF CLUB ROAD PROJECT
490 GOLF .CLUB ROAD
NTS

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Packet Pg. 157 Attachment: Attachment A - Location Map (490 Golf Club Road Project) RESOLUTION NO. ____ - 22

A RESOLUTION OF THE CITY COUNCIL, CITY OF PLEASANT HILL, APPROVING A

DEVELOPMENT PLAN PERMIT, USE PERMIT, MINOR SUBDIVISION & ARCHITECTURAL REVIEW PERMIT (PLN 21-0294) FOR THE 490 GOLF CLUB ROAD PROJECT AT 490 GOLF CLUB ROAD
WHEREAS, the applicant, Choice in Aging, Choice in Learning and Satellite Affordable Housing Association, submitted a Development Plan Permit, Use Permit, Minor Subdivision and Architectural Review Permit application (PLN 21-0294) for a new adult day care facility, new preschool facility and new 82-unit affordable senior housing facility at 490 Golf Club Road APN 153- 030-004 (“the Project”); and
WHEREAS, Use Permit PLN 21-0294 proposes to expand an existing adult day care facility, and expand an existing Montessori pre-school facility (general day care use), on the singleparcel, four-acre project site; to include demolition of the two existing facilities and development of two new larger facilities; and
WHEREAS, Minor Subdivision PLN 21-0294 (Tentative Tract Map) proposes to subdivide the four-acre project site into three legal parcels; and WHEREAS, Development Plan Permit and Architectural Review Permit PLN 21-0294 proposes demolition of an existing one-story adult day care and existing one-story pre-school building, and proposes development of three new facilities (adult day care, pre-school and affordable senior housing) and associated site improvements to include 127 parking spaces, private roads, landscape areas and tree removals; and
WHEREAS, in accordance with the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., as further governed by the Guidelines to the California Environmental Quality Act, 14 California Code of Regulations §§ 15000, et seq., collectively, CEQA), a Draft Initial Study/Mitigated Negative Declaration (IS/MND) and a Mitigation Monitoring and Reporting Program (MMRP) was approved on January 25, 2021, with the adoption of City Council Resolution No. 8-21; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Architectural Review Commission on November 18, 2021, regarding the proposed Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, on November 18, 2021, the Architectural Review Commission reviewed the proposed Architectural Review Permit; and received public comment, on Architectural Review Permit application no. PLN 21-0294; and
WHEREAS, the Architectural Review Commission of the City of Pleasant Hill, in accordance with Section 18.30.060(A) of the PHMC, adopted Architectural Review Commission Resolution No. 3-21 to recommend approval of the Architectural Review Permit PLN 21-0294 to the Planning Commission and City Council based upon specific findings cited in the resolution; and

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WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on December 14, 2021, regarding the proposed Minor Subdivision, Use Permit, Development Plan Permit and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, on December 14, 2021, the Planning Commission adopted Resolution No. 22-21 recommending the City Council’s approval of the four associated entitlements in accordance with the findings and conditions of approval contained in Planning Commission Resolution No. 22-21; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on January 24, 2022, regarding the proposed Minor Subdivision, Use Permit, Development Plan Permit and Architectural Review Permit at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, on January 24, 2022, the City Council adopted Resolution No. __-22 to approve each of the four associated entitlements in accordance with the findings and conditions of approval contained in City Council Resolution No. __-22; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.90 of the PHMC, approves Development Plan Permit PLN 21-0294 based upon the following findings and conditions of approval contained in Attachment B of the CC Staff Report:

Development Plan Permit Findings

1. The proposed development will not be detrimental to the health, safety, and general welfare of persons residing or working in the vicinity of the proposed development.

The project provides parking that is compliant with the approved PUD Concept Plan/Specific Plan that was adopted by the City. Extended setbacks (in addition to existing and new trees) will provide buffering/screening from adjacent residential uses.

Furthermore, the proposed general day care use, adult day care use and multi-family residential use would be a low noise generator. Lastly, the associated traffic studies (and environmental analysis in the IS/MND) indicate that there will be no significant impact on traffic volumes due to the proposed project.

2. The proposed development will not be injurious or detrimental to adjacent properties or to property in the neighborhood or the City.

The proposal will result in a high-quality architectural design with landscaping improvements, at a location that is appropriate for a multi-family residential development, and for two new/expanded facilities that have operated on the project site for several years.

The 44 existing trees proposed to remain, in addition to the planting of 148 new trees, will

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provide an adequate buffer for adjacent residential uses and public school use. In addition, the ARC recommended approval of the project citing the proposed tree screening. In accordance with the project’s adopted Initial Study/Mitigated Negative Declaration, the project will generate a total of 666 daily trips in the area, which is a less than significant amount given the available capacity of the surrounding roadways.

3. The proposed development is consistent with the policies and goals established by the General Plan.

There are various General Plan goals, policies and programs applicable City-wide that are applicable in connection with the project:

Community Development Goal 2. Maintain the historic balance among different types and intensities of residential development, commercial retail, office uses, and open space.

Community Development Policy 2A. Encourage uses needed by the community at appropriate locations.

The proposed project would result in a residential development with a higher intensity (i.e. density) than other residential development in the immediate surrounding area.

However, additional housing is needed throughout the region, as well as within the City, thus, adding residential units, including affordable senior dwelling units, is needed. The City has determined that the proposed density, amount and even distribution of usable open space, appropriate mass/scale/bulk of buildings, excessive building setbacks, adequate tree screening along all property lines and adequate amount of parking associated with the proposal would result in a project that is compatible with adjacent residential and public institution uses.

The additional two proposed land uses (adult day care facility and general day care facility) are appropriate for the project site as it is located in an area surrounded by residential and public school uses. To further reinforce the location as appropriate for the two uses, both have been operating and providing a much needed service for the community for several years at this current location. Thus, the project will continue to allow these two needed uses to operate and serve the community, in newer and larger facilities resulting in an improved experience for participants, visitors and employees associated with these two service-oriented facilities.

Community Development Goal 3. Generate thriving, attractive and cohesive development at vacant or underutilized sites.

The site consists of an underutilized one-story, multi-use building developed approximately 60 years ago. The proposed project would rejuvenate the site with a new residential development, and new and expanded adult care and pre-school facilities, in addition to a possible futuristic new medical clinic and assisted living facility. Thus, the proposed project would improve the appearance of the site through site improvements, and by enhancing the site as viewed from the heavily traveled Contra

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Costa canal corridor. In addition, the Planning Commission recommended, and the City Council agreed, that the proposed density, amount and even distribution of usable open space, location of three-story and four-story buildings, appropriate mass/scale/bulk of buildings, excessive building setbacks, adequate tree screening along all property lines and adequate amount of parking associated with the proposal would ensure compatibility with adjacent residential public institution uses. As a result, as proposed, the project would be an attractive and cohesive development in association with adjacent land uses. Lastly, the ARC also agreed that the project would generally be cohesive with the existing, surrounding residential development.

Community Development Policy 15A. Provide opportunities for seniors to obtain adequate care, housing, and support services, including by upgrading and expanding existing facilities and constructing new ones.

The proposed senior housing component will add much needed affordable senior specific housing supply to the City, and the proposed new/expanded adult day care facility will continue to offer a much-needed service for the community by providing an opportunity for elderly individuals to engage in various activities and experiences, to include inter-action with the adjacent pre-school occupants.

Community Development Goal 24. Place utility lines underground.

Community Development Policy 24A. Achieve undergrounding of utilities when and where feasible.

The project does not propose any new above ground utilities. In addition, no existing above ground utilities will need to be undergrounded as part of the project, primarily due to the project site’s distanced location from the nearest public right-of-way.

Growth Management Goal 1.3. Ensure development is within the City of Pleasant Hill Urban Limit Line.

The project site is located in the north-central portion of the city, and thus well within the city’s Urban Limit Line.

Growth Management Goal 2. Approve new development only after finding that the adopted performance standards are met.

Growth Management Policy 2B. Require that new development pay its share of costs associated with the overall growth in the region.

Growth Management Policy 2C. Require that all development projects comply with the City’s performance standards for fire, police, parks, water, flood control, sanitary sewer, and transportation facilities.

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The project can be accommodated by existing services, with acceptable impact levels, to include: water supply, sewage disposal, school districts, parks and open space, fire protection, police and storm drainage. In addition, the project is required to pay its share of costs including traffic mitigation fees, park fees, school fees, sewer, water, and drainage fees.

Housing Goal 1. Maintain a housing supply sufficient to meet the housing needs of all Pleasant Hill residents.

The proposed project is providing additional housing opportunities to senior-aged residents of Pleasant Hill, including deed-restricted, low-income level senior dwelling units.

Housing Goal 2. Promote diversity in tenure, type, size, location and price to permit a choice of housing for persons of all economic levels.

This project is proposing 81 affordable senior housing units restricted to a low-income level, which is serving a different resident than would a market-rate residential project.

Housing Goal 3. Increase housing opportunities for people of limited incomes.

Housing Policy 3A. Facilitate construction of affordable housing by favoring new projects that include units for lower-income segments of the community.

The proposed project is providing additional affordable housing opportunities, by constructing 81 affordable senior dwelling units, to comply with the City’s Inclusionary Housing ordinance. In addition, the 81 dwelling units will be deed restricted at a low income level.

4. The proposed development is architecturally compatible with other development in the vicinity, both inside and outside the district.

The project provides site improvements, site design, architecture (including appropriate scale and massing of the three structures), and exterior materials/colors, which make it comparable or surpassing in quality to surrounding uses in the area and the City. In addition, the siting and design of the four-story structure and associated site improvements (proposed density and landscape screening) were recommended for approval by the Architectural Review Commission on November 18, 2021 as associated with the Architectural Review Permit.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.95 of the PHMC, approves Use Permit PLN 21-0294 based upon the following findings and conditions of approval contained in Attachment B of the CC Staff Report:

Use Permit Findings

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1. The proposed use will not be detrimental to the health, safety and general welfare of persons residing or working in the neighborhood of the proposed use.

The two proposed land uses (adult day care facility and general day care facility) are appropriate for the project site and compatible with the adjacent residential and school uses because: (1) the two proposed uses have been operating on the site for several years without generating complaints from adjacent uses, (2) each proposed use provides a much needed service to the community by providing day care for elderly individuals and for children (ages 2-6), and (3) the proposed uses could be allowed in the two adjacent zoning districts (Multi-Family Residential and Single Family Residential).

In addition, the project site will provide adequate parking for the expected demand of the two uses (as analyzed and determined with the previous adoption of the PUD Concept Plan/Specific Plan). Furthermore, the Use Permit is conditioned to limit the number of participants and employees, so that the parking demand would not increase over time.

Lastly, the two land uses have operated on the project site for several years without generating complaints related to noise, parking, etc. Therefore, since the only significant increase to the two facilities would be the number of stories (CiA only) and gross floor area (CiL only) of the physical facilities (as opposed to an expansion in occupancy capacity and/or operating hours) the uses are not anticipated to generate an increase in parking, noise or result in other potential negative impacts to adjacent residential sites.

2. The proposed use will not be injurious or detrimental to adjacent properties or to property in the neighborhood or to the general welfare of the city.

The two proposed land uses (adult day care facility and general day care facility) are appropriate for the project site and adjacent residential and public school uses because: (1) the two proposed uses have been operating on the site for several years without generating complaints from adjacent uses, (2) each proposed use provides a much needed service to the community by providing day care for elderly individuals and for children (ages 2-6), and (3) the proposed uses could be allowed in the two adjacent zoning districts (MultiFamily Residential and Single Family Residential).

In addition, the project site will provide adequate parking for the expected demand of two uses (as analyzed and determined with the previous adoption of the PUD Concept Plan/Specific Plan). Furthermore, the Use Permit is conditioned to limit the number of participants and employees, so that the parking demand would not increase over time.

3. The proposed use is consistent with the policies and goals established by the General Plan.

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The project is consistent with the General Plan goals/programs/policies cited in Attachment B (City Council Resolution: see Development Plan Permit Finding no. 3).

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 17.25 of the PHMC, approves Minor Subdivision (Tentative Tract Map) PLN 21-0294 based upon the following findings:

Minor Subdivision Findings

1. The proposed map is consistent with the general plan or any applicable specific plan, or other applicable provisions of this code.

The proposed map satisfies the requirements and conditions imposed by the Subdivision Map Act and the City of Pleasant Hill Subdivision Ordinance because the procedural requirements of the Map Act are being followed. Also, the proposed subdivision is consistent with the General Plan because the proposed development conforms to the requirements of Multi-Family Very High Density General Plan land use designation for the site. No portion of the project site is located in a specific plan zoning district and the project is consistent with the approved PUD zoning district and approved PUD Concept/Specific Plan.

The project is consistent with the General Plan goals/programs/policies cited in Attachment B (City Council Resolution: see Development Plan Permit Finding no. 3). Furthermore, the proposed project is consistent with the applicable Citywide Design Guidelines that should be considered in connection with the applicant’s request, as noted in Attachment B (City Council Resolution: see Architectural Review Permit Finding no. 5).

2. The site is physically suitable for the type of development.

The physical characteristics of the project site are suitable for the intended land use because the proposal will result in an affordable senior multi-family residential infill project with uses that are similar to those surrounding the site. In addition, all public services are available and there are no physical constraints. Project development will be centrally concentrated onsite and will result in a minimized grading plan. Lastly, the site is adjacent to residential uses along approximately 65% of the site’s border, and along approximately 35% of the site’s border is the DVC overflow parking facility, both of which are compatible uses with that of the proposed land uses and which is common practice citywide.

3. The site is physically suitable for the proposed density of development.

The site is physically suitable for the proposed density (73 units per net acre on proposed Parcel C) of the development because it would be consistent with the recently approved General Plan designation (Multi-Family Very High Density) and recently approved PUD Planned Unit Development – Specific Plan zoning district for the site. More specifically, the proposed density (73 units per net acre based on 1.12 net acres) is compliant with the 41-73 units per net acre allowed by the recently approved Multi-Family Very High-Density General Plan Amendment. In addition, the proposed density can be approved due to: (1)

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sufficient setbacks, (2) appropriate siting of the three & four-story residential structure, and (3) increased tree screening.

4. The design of the subdivision or the proposed improvements is likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife to their habitat.

The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project site does not contain any identifiable natural open space or riparian habitat. In addition, there are no natural waterways on the property, thus, further minimizing impacts to fish and wildlife. The drainage is designed/required to be contained on the property, where multiple retention basins are designed to collect the majority of the drainage waters. The on-site retention basins will collect the drainage waters to ensure that 100% are collected on-site. An Initial Study/Mitigated Negative Declaration was adopted and concluded with mitigation, so that no significant environmental impacts will result from the project.

5. The design of the subdivision or the type of improvements is not likely to cause serious public health problems.

The design of the subdivision and the type of improvements are not likely to cause serious public health problems, because the review process of the subdivision has taken those concerns into consideration and has found the proposal in conformance with the City of Pleasant Hill and other Local, State and Federal rules, policies and procedures. The project will be served by public sewer and water. In addition, public health issues are addressed in the adopted Initial Study/Mitigated Negative Declaration and project’s associated improvements are not found to pose a public health problem.

6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Acquisition of any new easements, if applicable, will be required prior to the acceptance of the Final Map for this project.

7. The land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965 and the resulting parcels following a subdivision of the land would not be too small to sustain their agricultural use.

The land is not subject to a contract entered into pursuant to the California Land Conservation Act of 1965.

NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.115 of the PHMC, approves Architectural Review Permit PLN 21-0294 based upon the following findings:

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Architectural Review Permit & Consistency with Planned Unit Development Concept/Specific Plan Findings
i. Ensure excellence of architectural design;
The surrounding neighborhood consists of multi-family and single family residential structures, in addition to a surface parking facility associated with Diablo Valley Junior College, the Contra Costa Country Club golf course and the Contra Costa Canal trail. Thus, the proposed project is appropriate for the area as there are other existing structures with multiple building stories (such as the proposed three-story and four-story facilities and the existing two-story residential buildings) in this immediate neighborhood. To further minimize the effects of development within the PUD on nearby residential uses, the Concept Specific Plan notes that the building height/stories would provide excessive setbacks from the nearest residences (to the west, north and to the east). Therefore, the proposed three-story and four-story buildings will not impact (i.e. privacy, shadowing, obstruction of views, etc.) the adjacent right-of-way and/or adjacent residential uses. Lastly, the PUD Concept/Specific Plan allows a maximum building height of approximately 45 feet; and through the design review process the PUD Concept/Specific Plan, and the ARC has confirmed that the height, scale and mass of the development is compatible to surrounding properties as the project incorporates structures that has articulated and varied elevations. The buildings have architectural features that provide visual identification to the main entrance. In addition, the buildings use various building materials, and colors, that complement each other and are of high quality and long lasting materials.
ii. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;
The majority of the site is relatively flat with the exception of the northeast portion of the site which is sloped; however, to be harmonious with surrounding development all of the associated structures will be constructed on a relatively flat portion of the site with the exception of a portion of the 82-unit senior housing facility and a vehicular driveway which would displace a majority of the northeast sloped area.

The site plan is designed to accommodate a safe vehicular circulation pattern and provides off-street parking, including siting building away from adjacent uses with substantial setbacks.

Of the 212 existing trees located within the four acre project site 168 trees are proposed to be removed. As a result, there would be retention of 44 existing trees along with the addition of 148 new trees to provide screening from most adjacent perspectives. Furthermore, consistent with the PUD Concept/Specific Plan, the project incorporates a color palette that includes a variety of colors that will assist to break-up the mass and scale of the three and four-story structures in addition to providing visual interest. No proposed design/material/color elements will be inconsistent with surrounding development as there is a variety of development

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surrounding the project site; which include single family residential, multi-family residential and educational buildings associated with Diablo Valley College that exhibit a variety of architectural styles, materials and colors. iii. Ensure that plans for the landscaping of open spaces conform with the requirements of Section 18.115.010.B and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape; and
The proposed landscape plan will complement the new buildings, while providing visual buffering of the buildings from nearby views. The plant palette is complementary and consistent with the remainder of the neighborhood through the use of deciduous and evergreen trees; and incorporated drought-tolerant species. As the surrounding area is built-out and dominated by an urban landscape, the project will continue this type of landscape treatment and be compatible to the surrounding area. Lastly, the proposed landscape plan provides a plant palette consisting of 148 new trees (26 of which consist of 24 Coast Live Oak trees and two Valley Oak trees) to complement the existing landscape and provide screening along the site’s perimeters. The proposed landscape plan including new common landscape areas, provide water retention basins, incorporates large size specimen plantings to include both deciduous and perennial tree species, and enhances an elongated vehicular access easement that connects the four acre project site to the north side of the Golf Club Road public right-of-way.

In addition, the landscaping is consistent with the PUD Concept/Specific Plan as it is the unifying element for the different uses of the project, providing gathering spaces and connectivity, including outdoor spaces for children and adults, including seating areas, walking paths and spaces for vegetable and therapy gardens. The proposed landscaping plan also provides a pleasing design connection to the proposed building architecture of the project. Lastly, the landscape plan is in substantial compliance with City Wide Design Guidelines. This ensures that the project includes landscaping that is compatible and complementary to the site and neighborhood and will further soften the appearance of development from nearby views. Lastly, the project is compliant with the required private landscape standards. iv. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation.

The project is proposing to preserve the sloped area located in the northeast corner of the four acre project site, to the greatest extent possible, as common open space in addition to some enhancement consisting of new plantings. The remainder of the project site is relatively flat. Of the 212 existing trees, 168 trees are proposed to be removed, primarily because they would be displaced by proposed structures and/or hardscape areas. However, the applicant is proposing to plant 148 new trees, in addition to retaining 44 existing trees, for a total of 192 trees. v. Ensure substantial conformance with applicable design guidelines to achieve a quality, well-designed project that enhances the neighborhood.

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The project is consistent with the following Residential Design Guidelines (DG):

DG.I.A.1.a – The arrangement of structures, parking and circulation areas, and open spaces should recognize the particular characteristics of the site and should relate to the surrounding built environment in pattern, function, scale, character and materials.

The centralized siting of the structures, the siting of the loop driveway adjacent to the site’s perimeters, and the centralized siting of common open space is consistent with the surrounding residential development in pattern, function, scale, character and materials.

DG.I.A.2.a – The scale and mass of the new development should be consistent with neighboring developments without overwhelming through disproportionate size or design that is out of character. The proposed architecture provides a variety of colors and materials, on multiple facades, to break-up the bulk, mass and scale of the various buildings. As a result, the design of the buildings would be consistent with neighboring developments and therefore not present overwhelming size or design that is out of character with adjacent structures.

DG.II.B.1.a – Setback patterns within the immediate vicinity should be maintained.

The proposed setbacks are similar, and in most cases, greater than those in the immediate vicinity.

DG.II.B.1.h – New buildings should be sensitive to existing structures and minimize obstruction of existing outward views where possible. The new structures are proposed to be centralized on the site, to the greatest extent possible, and provide excessive setbacks to minimize the obstruction of existing outward views.

DG.II.B.2.a – Building should be articulated to help minimize the appearance of bulk and provide a more pedestrian scale. The proposed architecture provides a variety of colors and materials to break-up the bulk, mass and scale of the various buildings to include the three and four-story senior housing facility.

DG.II.B.2.b – Overall height of new structures should be in scale with other buildings in the neighborhood. The proposed one, two and three-story structures are consistent with existing one, two and three-story structures on adjacent sites. In addition, the four-story portion of the proposed senior housing facility would be located adjacent to the DVC parking facility (to the south) and would provide a minimum 47-foot setback to the nearest residential site (to the east).

DG.II.B.2.c – Appropriate buffers and transitions should be used when locating multi-story buildings adjacent to single-story buildings. The proposed multi-story building (3 and 4-story senior housing facility) would have a minimum 40-foot setback from the residential sites to the north and a minimum 47-foot setback from the residential sites to the east.

DG.II.B.3.b – Designs should be visually appealing and include varied facades and pleasing exterior elevations. The proposed architecture provides a variety of colors

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and materials, on multiple facades, to break-up the bulk, mass and scale of the various buildings. As a result, the design of the buildings would be visually appealing.

DG.II.B.11.a -Parking areas should be well-designed and safe, located away from public views. Of the proposed 127 parking spaces, 94 spaces would be distributed fairly evenly within the 4-acre project site and therefore are located away from public views. The additional 33 spaces are provided within the vehicular access easement connecting the project site to Golf Club Road. However, the parking spaces will be designed and located in accordance with city standards, with the exception of the proposed 8-foot wide parallel parking spaces, which are required to provide a minimum 9-foot width.

DG.II.A.10.d - Drainage patterns shall be preserved or improved to the greatest extent possible. The proposed drainage pattern for the project would remain relatively similar to existing conditions. In addition, the City has a no-net run off requirement for all projects. Lastly, the drainage plan indicates bio-retention areas to collect runoff on-site.

Architectural Review Commission Scope of Review
In approving an Architectural Review Permit, the Architectural Review Commission shall review the site plan and physical design of a project; the sign designs and locations; and lighting. In its review, the Architectural Review Commission considered the following factors:

A. Excellence of design: The ARC has reviewed the proposed project and has determined that it is in substantial compliance with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan (as noted in the section above).

B. Height, bulk and coverage of buildings: The proposed project number of stories and for building height is consistent with the approved PUD Concept/Specific Plan that allows the three-story assisted living facility and the four-story multi-family affordable senior housing facility. In addition, there are other projects throughout the City with this number of stories that were also approved through the PUD process. To minimize the height and bulk of the project, the applicant has incorporated project features to be sensitive to surrounding uses, such as providing excessive setbacks (39-75 feet) from adjacent uses, providing increased landscaping on all perimeter areas and has also incorporated architectural features to reduce the mass and scale of the building design.

C. Colors, building materials, and types of building and installations: The Commission reviewed the proposed colors, building materials and types of buildings and with this approval noted consistency with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan.

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D. Physical and architectural relation with existing and proposed structures in the area and to the site’s location within the City: The proposed project’s architecture has been reviewed by the ARC for consistency with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan. In addition, the architecture of the proposed buildings are an improvement of the existing development on the property and other older surrounding development.

E. Site layout, orientation and location of buildings, and relationship with property boundaries and open areas: The project includes commercial and residential structures located away from adjacent properties to provide as much privacy and air and light access as possible. The remaining portions of the site is developed with private access easements/circulation routes and landscaping (private and common open space areas), with increased landscaping along all perimeters of the property to provide buffering.

F. Height, materials, colors and variations in boundary walls, fences, or screen planting:

The ARC reviewed and approved the proposed fences, walls and screening methods for the project, to be consistent with City-Wide Design Guidelines and the approved PUD Concept/Specific Plan.

G. Location and type of landscaping, including but not limited to setback areas and offstreet parking areas: The ARC reviewed and approved the proposed landscaping consistent with zoning provisions, the PUD Concept/Specific Plan and City-Wide Design Guidelines.

H. Appropriateness of sign design and exterior lighting standards and devices and other building graphics, pursuant to criteria established in PHMC § 18.60.050 and the sign design guidelines adopted under PHMC § 18.60.090: Currently, the applicant is not proposing signage for the property. If applicable in the future, submittal of signage would be reviewed by the ARC to verify consistency with ordinance, PUD Concept/Specific Plan and City-Wide Sign Design Guidelines provisions.

I. The extent of grading and its relationship to topography, as related to visual impacts:

The ARC reviewed the proposed grading for the project. As proposed the grading and topography is minimally modified from the existing condition and has been reviewed to ensure that drainage is not negatively affected.

CEQA Finding
An Initial Study and draft Mitigated Negative Declaration were previously prepared and certified by the City for the project pursuant to Section 15070 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). The Initial Study and the certified Mitigated Negative Declaration prepared for the project are available for public review at the City of Pleasant Hill Planning Division. None of the circumstances noted in CEQA Guidelines Sections 15162 or 15163 that would require preparation of a new or updated environmental document are determined to be applicable to the project.

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ADOPTED by the City Council of the City of Pleasant Hill, on the 24th day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Packet Pg. 171 Attachment: Attachment B - City Council Resolution No. ___-22 (490 Golf Club Road Project) Exhibit A

CITY COUNCIL

ARCHITECTURAL REVIEW PERMIT, DEVELOPMENT PLAN PERMIT,
USE PERMIT AND MINOR SUBDIVISION (PLN 21-0294)

PLANNING COMMISSION

RECOMMENDED CONDITIONS OF APPROVAL
Project: 490 Golf Club Road Project
Application Number: PLN 21-0294
Location: 490 Golf Club Road
Recommendation Date: December 14, 2021
The following conditions are recommended for approval, by the Pleasant Hill Planning Commission, to the City Council. The decision of the City Council is final, as a result, there is no appeal period related to this action.

Project Conditions of Approval

1. Project Approval - Approval is based on and shall be in accord with information contained in the project file, and Tentative Parcel Map PLN 21-0294 prepared by Milani & Associates, and dated “Approved January 24, 2022, except as it may be modified by these conditions. In summary, the project includes a subdivision of the four-acre single-parcel site into three legal parcels, and demolish/re-construct the scope of the project in phases. The site improvements include: (1) expansion of the existing Choice in Aging (adult day care facility) and Choice in Learning (Montessori pre-school facility – day care, general) uses on the site, (2) construction of a new 82-unit (4-story) affordable senior housing project that would have a resulting proposed density of approximately 73 dwelling units per net acre, (3) a 127-space surface parking facility to serve all three facilities, and (4) new landscape and open space areas.

Minor Subdivision Conditions of Approval

1. Map Recordation - The applicant shall obtain Final Map approval from the City Council and record the approved Final Map at the Contra Costa County Recorder’s office prior to the issuance of a building permit.

2. Expiration of Tract Map - In accordance with Section 66463.5 of the Subdivision Map Act, this Tentative Parcel Map shall expire 24 months after this approval date, unless a time extension is approved by the Planning Commission or City Council, or as otherwise provided by any extensions provided for under applicable law.

3. Affordable Housing – As proposed by the applicant, 81 affordable housing units, no greater than the low income level, shall be deed restricted for the project.

4. Federal, State and Local laws - Development of the Project shall be in compliance with all applicable federal, state, and local laws. The issuance of this Major Subdivision shall not

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constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

5. Compliance with Conditions of Approval - At least 45 days prior to filing the Tentative Tract Map or issuance of a grading permit, whichever occurs first, the applicant shall provide detailed responses to address compliance with each applicable condition of approval for the review and approval by the Public Works and Community Development Department.

6. Environmental Mitigation Measures - The applicant shall incorporate and comply with all of the adopted/required mitigation measures, into the revised plans and/or applicable documents, and provide full compliance with the mitigation monitoring and reporting program (as cited in Attachment O of City Council staff report dated January 24, 2022)

7. Outside Agencies - The Project shall be developed in compliance with all standards of any applicable outside agencies such as the Contra Costa County Fire Protection District, Contra Costa County Health Department, Contra Costa County Flood Control District, Contra Costa Water District, Contra Costa Central Sanitary District, etc.

8. Indemnification - The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

9. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Major Subdivision becomes null and void.

10. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the applicable permit(s); in accordance with applicable laws, which may include the Minor Subdivision. Any major changes shall require review and approval by the decision-body that gave final approval to the original permit(s).

Any minor changes shall require an application request from the operator/applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor. If any changes are within substantial conformance of the originally approved permit(s), they will be considered minor.

11. Annotated Conditions of Approval - Prior to issuance of a Final Map, the developer shall submit to the Zoning Administrator and City Engineer an annotated list of these conditions demonstrating proof of compliance.

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12. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Minor Subdivision and Architectural Review Permit approval becomes null and void.

Development Plan Permit (DP) Conditions of Approval

1. Project Description – Approval is based on, and shall be in accord with, information contained in the project file with plans and application stamped “Approved – January 24, 2022” This approval is for a Development Plan Permit (PLN 21-0294) for a new adult day care facility, a new pre-school facility and an 82-unit affordable senior housing facility.

The project approval includes the following:
a. 127 parking spaces
b. Removal of 168 trees and tree replacement of 148 new trees. c. Three legal parcels resulting in a total of four acres. d. Density of 73 dwelling units per net acre (based on 1.12 net acres) for Parcel C e. A three-story and four-story senior affordable housing facility with a maximum 49- foot building height.
f. Retention basins.
g. Private roads.
h. Landscape area and open space area in compliance with the approved PUD Concept/Specific Plan

2. Approval - Approval is based on and shall be in accord with the plans contained in the project file, dated, “Approved – January 24, 2022” except as they may be modified by these conditions The approved plans were prepared by Milani & Associates, Perkins-Eastman Architects, and Bay Tree Design (landscape architect).

3. Time Period - The Development Plan Permit shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Development Plan is renewed by the Planning Commission or other hearing body which originally approved it. No new notice or public hearing is required for a renewal if the findings required for approval remain valid.

4. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the Development Plan permit and shall require review and approval by the decision-body that gave final approval to the original Development Plan Permit. Any minor changes shall require an application request from

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the operator/applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor.

5. Compliance with Project Conditions of Approval - In the event that any of the aforementioned conditions are not satisfied the Development Plan Permit approval becomes null and void.

6. Overnight Vehicles – Campers, trailers, motorhomes, or any other similar vehicles are not allowed on the construction site except when needed as sleeping quarters for a security guard.

7. Construction Trailer – A construction trailer shall be allowed to be placed on the project site for daily administration/coordination purposes during the construction period.

8. Compliance with Project Conditions of Approval - Development Plan permit approval is subject to compliance with each applicable condition of approval contained in City Council Resolution No. ___-22. In the event that any of the associated conditions are not satisfied Development Plan Permit approval becomes null and void.

9. Parking Space Reduction - Any reduction in the 127-space inventory of on-site parking spaces shall not occur without prior City approval.

10. Trees - Approval of Development Plan Permit PLN 21-0294, includes approval for removal of trees from the site, only for those trees noted accordingly on the approved tree removal plan.

11. Off-Site Improvements – No off-site improvements shall occur unless written authorization is received from the property owner and provided to the Zoning Administrator in advance of constructing the improvements.

12. Solid-Waste Pick-Up – Solid waste/recycling and yard waste pick-up will be executed with private individual pick-up receptacles for each legal parcel.

13. Construction Activity –During construction, the applicant shall comply with conditions related to noise, best management practices and storm-water provisions.

14. Noise Ordinance - The operator/applicant shall ensure that the facility strictly adheres to the City’s Noise Ordinance (PHMC Chapter 9.15).

15. Water Efficient Landscape Ordinance – The project shall comply with the City’s Water Efficient Landscape Ordinance, both prior to and after occupancy as appropriate.

16. General Compliance - Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code, General Plan, and applicable policy plan.

17. Annotated Conditions of Approval - Prior to issuance of a building permit and prior to issuance of a certificate of occupancy, the developer shall submit to the Zoning Administrator an annotated list of these conditions demonstrating proof of compliance.

18. Annotated Conditions of Approval - Prior to issuance of a building permit final and/or certificate of occupancy, the applicant shall submit to the Zoning Administrator an

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annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

19. Building Permits - The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in Title 11 of the 2019 California Building Code prior to issuance of a Certificate of Occupancy.

20. Construction and Demolition Debris Ordinance - Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.

21. ADA Compliance - Prior to issuance of a Certificate of Occupancy the architect shall submit written verification to the Chief Building Inspector that the project is in full compliance with the Americans with Disabilities Act (ADA).

22. Waste Management Plan - The Applicant shall submit a Waste Management Plan (WMP) as part of the building permit for approval by the Chief Building Official. The WMP shall acknowledge that 65% of all construction and demolition debris will be diverted, and shall include the applicable performance security.

23. Demolition/Construction Phasing Plan and Traffic Control Plan - Prior to grading building or demolition permit issuance (whichever occurs first), the applicant shall submit a phasing plan for demolition and construction and a traffic control plan that shall include, but not be limited to, location of construction materials storage and equipment staging areas, phasing for demolition of existing improvements and construction of new improvements, provisions for vehicle and pedestrian access during demolition and construction, facility parking (for customers and employees) during demolition and construction, etc. This Plan shall be to the approval of the City Engineer and the Zoning Administrator.

24. Construction Hours - Construction and Grading hours shall be limited to 7:30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00 a.m. to 6:00 p.m., with construction activity is prohibited on all Sundays and City holidays.

25. Indemnification - The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

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26. Other City Approvals - Development Plan Permit approval is subject to review and approval of a Use Permit, Minor Subdivision and an Architectural Review permit by the City Council.

27. Outside Agencies - The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to the Contra Costa County Fire Protection District, PG&E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

28. Off-Site Improvements – No off-site improvements shall occur unless written authorization is received from the property owner and provided to the Zoning Administrator in advance of constructing the improvements.

29. Federal, State and Local laws - Owner/applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local law, including the requirements of the California Building Standards Code.

30. Mitigation Monitoring Program – The project shall implement and comply with the associated Mitigation Monitoring Program (Attachment O of the CC Staff Report).

31. Tree Protection Plan - A tree protection plan for preserved trees that are on-site and in close proximity of the project site shall be reviewed and approved prior to issuance of any permits and implemented during all construction activities. The tree protection plan shall be prepared by a certified/licensed arborist.

32. Engineering Conditions – The project shall comply with the following Engineering Division conditions of approval and standard conditions of approval as noted below.

Use Permit Conditions of Approval

1. Project Description – Approval is based on, and shall be in accord with, information contained in the project file with plans and application stamped “Approved – January 24, 2022.” This approval is for Conditional Use Permit (PLN 21-0294) related to a new/expanded pre-school facility and new/expanded adult day care facility. The Conditional Use Permit approves the following:
 Choice in Learning: An approximate 7,000 square foot Montessori pre-school facility (general day care use), with a maximum enrollment of no more than 90 children ages 2-6, and a maximum of 5 employees at any one time. Operating day/hours limited to Monday through Friday from 7 a.m. to 6 p.m.  Choice in Aging: An approximate 24,750 square foot adult day care use facility, with a maximum of no more than 60 participants/individuals, and a maximum of 35 employees at any one time. Operating day/hours limited to Monday through Friday from 7 a.m. to 6 p.m.

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2. Plans – Prior to issuance of a Building Permit, the applicant shall submit accurate, to-scale plans for the proposed development.

3. Approval - Approval is based on and shall be in accord with the plans contained in the project file, dated, “Approved – January 24, 2022” except as they may be modified by these conditions. The approved plans were prepared by Perkins-Eastman Architects.

4. Time Period - The Conditional Use Permit shall lapse two years after its date of approval unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. Final building inspection approval has been issued; or c. The use is established; or
d. The Use Permit is renewed by the hearing body which originally approved it

5. Lapse of Use - The Use Permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

6. Project Modifications - Any major changes to the project description or to any other project conditions shall require an amendment to the Use Permit and shall require review and approval by the decision-body that gave final approval to the original Use Permit. Any minor changes shall require an application request from the operator/applicant for review and approval by the Zoning Administrator. The Zoning Administrator will determine if a change is considered major or minor.

7. Signage – Approval of the Conditional Use Permit does not include any proposed signage for the project.

8. Compliance with Project Conditions of Approval - The Conditional Use Permit is subject to compliance with each applicable condition of approval contained in City Council Resolution No. ___ - 22. In the event that any of the associated conditions are not satisfied Conditional Use Permit approval becomes null and void.

9. Related Permits - The Conditional Use Permit (PLN 21-0294) shall be null and void if the associated Development Plan Permit is not approved by the City Council.

10. Parking Complaints - In the event that the City receives a legitimate parking complaint (e.g. complaints regarding project parking demand spilling over from the site to nearby streets or unauthorized sites), the property owner shall address and resolve the complaint in a timely and satisfactory manner, as determined by either the Zoning Administrator or Planning Commission in accordance with applicable City Municipal Code provisions.

Measures to resolve any ongoing parking violations may include, but shall not be limited to, providing shared parking on an adjacent site, valet parking or other appropriate Parking Management Solutions.

11. Noise Ordinance – Prior to issuance of a Building Permit, the applicant shall submit an acoustical analysis that complies with the City performance standards. The operator/applicant shall ensure that the facility strictly adheres to the City’s Noise Ordinance (PHMC Chapter 9.15).

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12. General Compliance - Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code, General Plan, and applicable policy plan.

13. Annotated Conditions of Approval - Prior to issuance of a building/grading permit and/or certificate of occupancy, the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.

14. Building Permits - The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in Title 11 of the 2019 California Building Code prior to issuance of a Certificate of Occupancy.

15. Indemnification - The owner/applicant shall defend, (with counsel acceptable to the City) at its sole cost and expense, indemnify, protect, release and hold harmless the City of Pleasant Hill and any agency or instrumentality thereof, including any of its agents, commissions, boards, officers, and employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the processing and/or approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.

16. Other City Approvals – The Conditional Use Permit approval is subject to review and approval of the Development Plan and Architectural Review permits.

17. Outside Agencies - The owner/applicant shall comply with the requirements of all other agencies having jurisdiction over this project. This shall include, but not be limited to, the Contra Costa County Fire Protection District, PG&E, Contra Costa Health Department, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District and Contra Costa Water District. Proof of approval from other agencies with jurisdiction over the project shall be provided to the Zoning Administrator prior to commencement of operations at the facility.

18. Federal, State and Local Laws - Owner/applicant shall comply with all federal, state, and local laws. The issuance of this development plan permit shall not constitute a waiver of the requirements of any federal, state or local la, including the requirements of the California Building Standards Code.

19. Engineering Conditions – The project shall comply with the following Engineering Division conditions of approval and standard conditions of approval as noted below.

Architectural Review Permit Conditions of Approval

1.0 Special Conditions

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Pleasant Hill City CouncilJanuary 24, 2022

Pleasant Hill City Council
January 24, 2022