CITY OF PLEASANT HILL
CITY COUNCIL MEETING AGENDA
MARCH 7, 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 5014 0844
Passcode: 898617
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.
City Council Meeting Agenda Page 1 March 7, 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:
City Council Meeting Agenda Page 2 March 7, 2022
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 Proclamation Designating March as Women's History Month
3.2 Proclamation Designating March as American Red Cross Month
3.3 Proclamations Recognizing Martha Barajas as Police Professional Staff Member of the Year and Nick Filippini as Police Officer of the Year 2021
City Council Meeting Agenda Page 3 March 7, 2022
4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted via Teleconference on March 3, 2022 (B) Other Meetings 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 February 7, 2022
7.2 Approve Checks Dated: February 4, 2022; February 11, 2022; February 18, 2022; February 25, 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 Adopt Resolution No. ___-22 Approving a First Amendment to the Agreement with Stay Pleasant Hill to Serve as the Owners' Association for the Pleasant Hill Tourism Improvement District and Authorizing the City Manager to Execute the Amendment
7.6 Public Hearing and Introduce Ordinance No. ___ Amending Section 3.35.070 of the Pleasant Hill Municipal Code Regarding the Traffic Safety Commission
8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
8.1 Presentation by Bird, a Nationally Recognized Micro-Mobility Company, on the Potential for an Electric Scooter Pilot Program in Pleasant Hill
8.2 Public Hearing and Adopt Resolution No. ___-22 Authorizing Transmittal of the Annual General Plan and Housing Element Implementation Report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development Statutorily exempt pursuant to Section 15262 of the Guidelines for the Implementation of the California Environmental Quality Act pertaining to preparation of feasibility and planning studies.
City Council Meeting Agenda Page 4 March 7, 2022
8.3 Adopt Resolution No. ___-22 Accepting the Pleasant Hill Road Sidewalk Installation Project (Pleasant View Drive to Cumberland Drive), Project No. 02-21, as Complete and Authorizing the City Engineer to Issue and Record a Notice of Completion
9. ADJOURNMENT
Next City Council Meeting: March 21, 2022
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.
ATTACHMENT(S):
February 7, 2022 – Tentative Minutes
Prepared by: Danielle Habr, City Clerk
7.1 Packet Pg. 5
MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
February 7, 2022
City Council Meeting Minutes Page 1 February 7, 2022
Mayor Michael 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 revised meeting agenda was posted on the outdoor bulletin board at the above address on February 4, 2022 by City Clerk Danielle Habr.
2. ROLL CALL
Attendee Name Title Status
Michael G. 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 Proclamation Designating the Month of February as Black History Month Mayor Harris read and presented the proclamation to Lloyd Schine, Chair of the Civic Action Commission Diversity Subcommittee. Commissioner Schine expressed his appreciation to the City on behalf of the Commission. He made brief remarks, including noting the 2022 Black History Month theme of Black health and wellness.
3.2 Introduction of New Commission on Aging Commissioners Belinda Danielson and Michael MacDonald
Vice Mayor Flaherty introduced new Commission on Aging Commissioners Belinda Danielson and Michael MacDonald.
Commissioner Danielson and Commissioner MacDonald introduced themselves and thanked the Council for the opportunity.
4. CITY MANAGER COMMENTS
June Catalano, City Manager, reported that the Summer Concert Series schedule has been set, named the bands, and noted the scheduled dates. She thanked the Civic Action Commission and Geoff Gillette, Community Relations Manager/Public Information Officer, for their work.
5. COUNCIL ANNOUNCEMENTS AND REPORTS
5.1. Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Hosted via Teleconference on February 3, 2022 Vice Chair Flaherty and Councilmember Noack reported their attendance at the Mayors Conference. Mayor Harris provided a few details about the BART presentation from the conference.
7.1.a
Packet Pg. 6
Attachment: February 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 February 7, 2022
(B) Other Meetings Attended at City Expense
Mayor Harris reported he attended the monthly meeting of the East Bay Division of the League of California Cities regarding redistricting. He noted that there may be some boundary changes as a result of the census in the County Supervisors’, Senate, Assembly, and Congressional districts.
5.2. Announcements from Councilmembers
Councilmember Noack noted that her virtual meeting background shows the inside of the library, described the progress on the construction, and reported that she toured the library with Acting City Engineer, Ananthan Kanagasundaram.
6. PUBLIC COMMENT
Mayor Harris opened public comment.
Mayor Harris reported that the City Council received written public comment regarding Consent Calendar item 7.5 from the following:
Amritpal Hayer on behalf of Bamby Aujla, Chairman of the American Petroleum and Convenience Store Association;
Kiku Johnson, Executive Director, Rainbow Community Center; and Dee Dhaliwal, Pleasant Hill Chevron.
Mayor Harris closed public comment.
7. CONSENT CALENDAR
Motion (Noack/Rinn) to Approve all consent items, excluding item 7.5, which was pulled by Councilmember Noack for further discussion, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
7.1 Approve Minutes for the Regular City Council Meeting of January 24, 2022
7.2 Approve Checks Dated: January 21, 2022; January 28, 2022
7.3 Affirm Resolution No. 63-21 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361
7.4 Approve Appointment Recommendations to the Contra Costa County Iron Horse Corridor Advisory Committee and the John Muir Community Health Fund Board of Directors
7.6 Adopt Resolution No. 9-22 Directing the Preparation and Filing of the 2022/2023 Annual Report for Assessment District No. 20 (Commercial Area Landscape and Lighting) and Adopt Resolution No. 10-22 Requesting Consent from the City of
7.1.a
Packet Pg. 7
Attachment: February 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 February 7, 2022
Concord for Ordering of Improvements and Assessments of Costs for Benefited Property in Assessment District No. 20
7.7 Adopt Resolution No. 11-22 Directing the Preparation and Filing of the FY 2022/2023 Annual Report for Assessment District No. 22
7.5 Adopt Ordinance No. 952 Amending Chapter 9.45 of the Pleasant Hill Municipal Code to Prohibit the Sale of Flavored Tobacco Products and Electronic Smoking Devices – Item pulled from Consent
Councilmember Noack explained that she asked to pull item 7.5 to discuss her concern that the cigar exemption as written also exempts flavored cigarillos, which she does not think is the Council’s intent. She commented that she wants to include flavored cigarillos in the prohibition as they are widely used by middle and high-school students.
Councilmember Carlson noted that he had similar thoughts after meeting with several community groups and agrees that the current ordinance does not capture the Council’s intent to prohibit the sale of flavored cigarillos; he added that the County ordinance better reflects the Council’s intent.
Councilmember Carlson questioned the ordinance language in relation to hookah establishments as he wants to ensure neighboring cities’ prohibitions do not result in hookah lounges moving to Pleasant Hill.
In response to a request for clarification from Mayor Harris, Janet Coleson, City Attorney, explained that the ordinance bans hookah sales, not hookah establishments; the Municipal Code does not address hookah establishments under land use; and the City is applying the theory of that which is not called out as permitted, is not allowed, therefore hookah lounges are a prohibited land use.
Councilmembers and Ms. Coleson discussed pricing and packaging of cigars and cigarillos; the definition and prices of “premium cigars;” the intent being to prevent minors from accessing cigarillos; and the timing and benefits of adopting the ordinance as is and returning with an amendment versus waiting until the next meeting to introduce a revised ordinance that also addresses cigarillos.
Motion (Harris/Flaherty) to Approve item 7.5 and return with the consideration of an ordinance amendment regarding cigarillos in March, carried as follows:
AYES: Flaherty, Rinn, Harris
NOES: Carlson, Noack
8. ADMINISTRATION AND FINANCE
8.1 Adopt Resolution No. 12-22 Approving the Agreement with Stay Pleasant Hill to Serve as the Owners' Association for the Pleasant Hill Tourism Improvement District and Authorizing the City Manager to Execute the Agreement
7.1.a
Packet Pg. 8
Attachment: February 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 February 7, 2022
Zach Seal, Economic Development Manager, provided the history of the Pleasant Hill Tourism Improvement District (TID) renewal process and noted the State of California approved Stay Pleasant Hill as a formal non-profit corporation. He explained that if the item is approved, the term of the agreement will coincide with the first day of the renewed TID, April 1, 2022, and last for five years.
Mayor Harris opened public comment.
In response to concerns from Brian Davis about the public comment process regarding item 7.5, Mayor Harris and Ms. Coleson explained that the Council takes public comment for all Consent items and items not on the agenda during the initial public comment period of the meeting. They noted that he could speak on the item when the ordinance amendment returns for consideration at the next meeting.
Mayor Harris closed public comment on item 8.1.
Councilmember Noack thanked Ms. Coleson for incorporating into the agreement the edits she submitted and expressed her hope for a successful start and term.
Councilmember Carlson congratulated Stay Pleasant Hill on obtaining their 501(c)(3) status and also expressed his hope for success over the next five years.
JC Medina, Stay Pleasant Hill Chairperson, acknowledged the Council’s comments and expressed his intent to keep things running smoothly.
Mr. Seal commented on the productive experience with Stay Pleasant Hill since he joined the City.
Motion (Carlson/Noack) to Approve item 8.1, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT
9.1. Adopt Resolution 13-22 Authorizing the City Manager to Execute an Agreement with Tesla, Inc. to Purchase a Solar Power System for the New Pleasant Hill Library and Authorizing Staff to Facilitate Library Move-in, Utilities, and Technology (Low Voltage Systems)
Ananthan Kanagasundaram, Acting City Engineer, provided a presentation on the BHM construction contract costs, the additional and anticipated project scope, and the request for approximately $513,000 to fund the addition of a photovoltaic solar panel system to the library project from Tesla. He described the low voltage system, move-in, and utilities costs that were funded previously, and the request for authorization to now furnish these items.
In response to questions from Vice Mayor Flaherty, Mr. Kanagasundaram confirmed the City reach out to qualified vendors and selected Tesla, Inc. for the solar panels installation, and that the
7.1.a
Packet Pg. 9
Attachment: February 7, 2022 Tentative Minutes (Minutes) City Council Meeting Minutes Page 5 February 7, 2022
Budget Committee heard the request the week before it was brought to the full Council. He described the change in costs.
Councilmember Noack confirmed that the Budget Committee heard the request and recommended it for adoption by the full Council, and clarified that the request is for a new appropriation in the not to exceed amount of $513,000 for the solar power system and the rest is a request for approval of funding from the existing budget allocation for the library project.
Councilmember Noack and Flaherty discussed PEG funds and Measure K funds. Councilmember Noack clarified that PEG funds will be used for the low voltage system, where appropriate, and Measure K funds will be used for the solar panels, move-in costs, and utilities.
Mr. Kanagasundaram noted that the final price sheet from Tesla that Vice Mayor Flaherty requested has not yet been received; Councilmember Noack explained that the request is for a maximum amount of approximately $513,000 for the solar panels.
In response to a question from Councilmember Carlson regarding the impact on overall Measure K allocations in other programs, Councilmember Noack described the budget history for the solar panels and confirmed other Measure K-funded programs will not be impacted.
Mr. Kanagasundaram reported that once the occupancy final inspections are done, the building can be energized.
Mayor Harris opened public comment.
There was no comment.
Mayor Harris closed public comment.
Motion (Noack/Carlson) to Approve item 9.1 with the agreement not to exceed $513,038, carried as follows:
AYES: Carlson, Flaherty, Noack, Rinn, Harris
10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:04 pm. The next regular meeting will be held on Monday, March 7, 2022 beginning at 7:00 PM.
DANIELLE HABR, CITY CLERK
7.1.a
Packet Pg. 10
Attachment: February 7, 2022 Tentative Minutes (Minutes)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: FEBRUARY 4, 2022; FEBRUARY 11, 2022; FEBRUARY 18, 2022; FEBRUARY 25, 2022
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Sabrina Kwan, Accounting Technician II
Approved by: Erick Cheung, Finance Manager
7.2 Packet Pg. 11
7.2.a
Packet Pg. 12
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 13
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 14
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 15
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 16
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 17
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 18
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 19
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 20
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 21
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 22
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 23
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 24
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 25
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 26
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 27
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 28
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 29
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 30
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 31
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 32
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 33
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 34
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 35
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 36
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 37
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 38
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 39
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 40
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 41
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 42
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 43
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 44
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 45
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 46
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 47
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 48
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 49
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 50
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 51
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 52
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 53
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 54
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 55
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 56
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 57
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 58
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 59
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 60
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 61
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 62
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 63
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 64
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 65
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 66
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 67
Attachment: Check Register (Check Register)
7.2.a
Packet Pg. 68
Attachment: Check Register (Check Register)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION
AUTHORITY AND TRANSPAC
SYNOPSIS
Each month, TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for December 15, 2021, and the TRANSPAC Board meeting summary minutes for December 9, 2021.
DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.
TRANSPAC meets monthly to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.
Analysis
An Executive Summary of the actions taken on December 15, 2021, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Board meeting on December 9, 2021, are also included in the attached minutes.
There is no item of discussion directly related to the City of Pleasant Hill with this update.
7.3 Packet Pg. 69
FISCAL IMPACT
None
PUBLIC CONTACT
Public contact was made through posting the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Accept the report.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.
Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff would need adequate time to prepare a comprehensive report addressing the item or items.
ATTACHMENT(S):
CCTA Executive Summary and Board Meeting Minutes for December 15, 2021 TRANSPAC Meeting Summary Minutes for December 9, 2021
Prepared and Reviewed by: Ananthan Kanagasundaram, Acting City Engineer Approved by: June Catalano, City Manager
7.3 Packet Pg. 70
Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, December 15, 2021
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:
Teresa Gerringer, Chair
Chris Kelley, Vice Chair
Tom Butt, Commissioner
Federal Glover, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Lamar Thorpe, Commissioner
Holland White, Commissioner
Debora Allen, ExOfficio Rep.
Maureen Powers, ExOfficio Rep.
Amy Worth, ExOfficio Rep.
Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Ivan Ramirez
Sherri Sylva
Linsey Willis
David McCray, Legal Counsel
Newell Arnerich, Commissioner
1. CONVENE MEETING: Teresa Gerringer, Chair
DISCUSSION: Chair Gerringer convened the meeting at 6:00 PM. Commissioner Arnerich was absent.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.
DISCUSSION: There were no public comments on items not on the agenda.
4. PRESENTATIONS
CONSENT CALENDAR
ACTION: Commissioner Thorpe moved to approve the consent calendar, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
7.3.a
Packet Pg. 71
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
Noes‐None
Absent‐Commissioner Arnerich
Abstain‐None
5. APPROVAL OF MINUTES
A. Authority Board Minutes of November 17, 2021
6. Administration & Projects Committee ‐ Consent:
A. Accept Monthly Accounts Payable Invoice Report for October 2021 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for October 2021.
B. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolutions 18‐60‐P (Rev 1) and 18‐61‐ P (Rev 1), with the Bay Area Rapid Transit, which will extend the term of the resolutions to October 17, 2022.
C. Accept Consultant Agreement Amendment
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 8 to Agreement No. 316 with URS Corporation Americas to extend the agreement termination date to December 31, 2022 with no increase in budget.
D. Listing of Contract Change Orders (CCOs) Greater than $25,000 for Contracts Less than $15 Million, and Greater than $50,000 for Contracts Greater than $15 Million Recommendation: This is an informational item only; no staff recommendation at this time.
E. Authorization to Execute Amendment No. 9 to Agreement No. 464 with Regional Government Services(RGS) to Provide Human Resources Management Services and Release a Request for Proposals (RFP) for Human Resources Management Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 9 to Agreement No. 464 with RGS to provide continued on‐call human resources management services, extend the agreement termination date from December 31, 2021 to June 30, 2022, with no increase in budget, and authorization to release an RFP to procure a qualified firm to provide on‐call human resources management services.
F. Innovate 680 – Part Time Transit Lane (Project 8009.03) – Authorization to Execute Cooperative Agreement No. 90.80.08 with the California Department of
7.3.a
Packet Pg. 72
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
Transportation (Caltrans) for Project Study Report/Project Development Support (PSR/PDS) Oversight Services
Recommendation: Staff seeks authorization for the Chair to terminate Cooperative Agreement No. 90.80.02 and execute Cooperative Agreement No. 90.80.08 with Caltrans in an amount not‐to‐exceed $240,000, for PSR/PDS oversight services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
G. State Route 4 (SR4)/Balfour Road Interchange (Project 5005) – Authorization to Execute Amendment No. 8 to Agreement No. 430 with Quincy Engineering, Inc. (Quincy) for Design Services During Construction (DSDC) Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 8 to Agreement No. 430 with Quincy in the amount of $42,000, for a new total agreement value of $1,464,655, to provide additional DSDC services, and to allow the Executive Director or designee to make any non‐substantive changes to the language. This amendment will extend the agreement termination date from December 31, 2021 to December 31, 2022.
H. Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.
I. Bay Area Express Lanes Network (Network) – Executive Steering Committee (ESC) Memorandum of Understanding (MOU) No. CIP.08.01
Recommendation: Staff seeks authorization for the Executive Director to execute the Network ESC MOU No. CIP.08.01.
J. NEW ITEM: Consideration to Continue Conducting Remote Teleconferencing Meetings of the Legislative Bodies of the Authority Pursuant to Assembly Bill (AB) 361
Recommendation: Staff seeks approval to proclaim a local emergency, ratify the proclamation of a State of Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of January 2022 pursuant to the Brown Act provisions under AB 361.
K. NEW ITEM: Interstate 680/State Route 4 Interchange Improvements, Phases 1 and 2A (Project 6001) – Authorization to Execute Amendment No. 2 to Agreement No. 504 with Quincy Engineering, Inc. (Quincy) for Environmental and Engineering On‐ Call Services
7.3.a
Packet Pg. 73
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
Recommendation: Staff seeks authorization to execute Amendment No. 2 to Agreement No. 504 with Quincy to extend the agreement termination date from October 18, 2022 to December 31, 2024, and to allow the Executive Director or designee to make any non‐substantive changes to the language. Staff also seeks authorization to issue Task Order No. 1 to perform an independent review of the project documents and major submittals to the California Department of Transportation asrequired by the Authority’s adopted Quality Assurance Program, along with other services in an amount not‐to‐exceed$175,000.
L. NEW ITEMS: Iron Horse Trail (IHT)/Bollinger Canyon Road Bicycle and Pedestrian Overcrossing (POC) (Project 120025)
1. Authorization to Execute Amendment No. 1 to Cooperative Agreement No. 12SW.05 with the City of San Ramon (City) for Environmental Documents, Plans, Specifications & Estimates (PS&E), Right‐of‐Way (ROW), Utility, and Construction Phase Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Cooperative Agreement No. 12SW.05 with the City in the amount of $5,299,000, for a new total agreement value of $22,719,000, to provide environmental documents, PS&E, ROW, utility, and construction phase services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
2. Authorization to Issue Request for Proposals(RFP) No. 21‐3 for Construction Manager/General Contractor (CM/GC) Services
Recommendation: Staff seeks authorization to issue RFP No. 21‐3 to provide CM/GC services for the IHT/Bollinger Canyon Road Bicycle and POC project.
7. Planning Committee ‐ Consent: None
REGULAR AGENDA ITEMS
8. Administration & Projects Committee ‐ Regular:
A. Interstate 680/State Route 4 Interchange Improvements, Phase 3 Widening (Project 1117/6001):
1. Project Status Update
Recommendation: Staff will provide an update on the status of this project.
This is an informational item only; no staff recommendation at this time.
7.3.a
Packet Pg. 74
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
DISCUSSION: Ivan Ramirez, Director, Construction, discussed the project details and progress of the I‐680/SR4 Interchange Improvements, Phase 3 project, and the improvements made at Peralta Road, Solano Way, Walnut Creek Bridge, Grayson Creek Bridge, the I‐680/SR4 Interchange, and Pacheco Boulevard. Mr. Ramirez further discussed the issues encountered such as differing site conditions, electrical issues, vandalism, maintenance and crash cushions replacements, removal of buried manmade objects, work related to terminal joints, sawcut and replacement of concrete pavement edge, and staggering of Grayson Creek approach slabs, which requires additional funding for the project. He also discussed the contractor’s request for payment for alleged impacts, showed the impact graphic provided by the contractor, and mentioned discussions led by the Executive Director.
Commissioners provided comments. Staff responded to comments from commissioners.
2. Approvalto Increase Construction Allotmentfor Agreement No. 505 with Brosamer and Wall, Inc. (Brosamer) for Construction Services Recommendation: Staff seeks approval of 1) Resolution 18‐59‐P (Rev 1), which will increase the authorized construction allotment amount by $2,073,000, for a new total construction allotment value of $99,775,223; and 2) Resolution 21‐47‐P, which will adopt Amendment No. 2 to the 2019 Measure J Strategic Plan.
ACTION: Commissioner Hudson moved to approve 1) Resolution 18‐59‐P (Rev 1), which will increase the authorized construction allotment amount by $2,073,000, for a new total construction allotment value of $99,775,223; and 2) Resolution 21‐47‐P, which will adopt Amendment No. 2 to the 2019 Measure J Strategic Plan, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐Commissioner Arnerich
Abstain‐None
DISCUSSION: Ivan Ramirez, Director, Construction, discussed the project budget status, and request for additional funding.
Commissioners provided comments. Staff responded to comments from commissioners.
B. East Contra Costa County (East County) Dynamic Personal Micro Transit (DPMT) Feasibility Study (Study)
7.3.a
Packet Pg. 75
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
Recommendation: Staff will present the findings of the East County DPMT Study.
This is an informational item only; no staff recommendation at this time.
DISCUSSION: Stephanie Hu, Director, Projects, introduced the item and Habib Shamskhou with Advanced Mobility Group. Mr. Shamskhou provided the background and overview of the East County DPMT Study. He discussed the Study’s goals and objectives, as well as results of the Study including conceptual routing plan, ridership demand analysis, estimated emissions reductions, safety benefits, financial and implementation plan, exploration of private sector participation, and next steps.
Commissioners and Representatives provided comments. Staff and consultant responded to comments from commissioners and representatives.
9. Planning Committee ‐ Regular:
A. Approval of the East County Integrated Transit Study (Study) Locally Preferred Alternative (LPA)
Recommendation: Staff seeks approval of Alternative 4 ‐ Express Bus to Antioch asthe recommended LPA from the Draft Study to be advanced for cost refinement and conceptual design, and advancing certain design elements of the higher cost Alternative 1 ‐ Bay Area Rapid Transit Rail Extension, to be included in the Final Study.
ACTION: Commissioner Hudson moved to approve Alternative 4 ‐ Express Bus to Antioch as the recommended Locally Preferred Alternative from the Draft East County Integrated Transit Study to be advanced for cost refinement and conceptual design and advance certain design elements of the higher cost Alternative 1 ‐ Bay Area Rapid Transit Rail Extension, to be included in the Final East County Integrated Transit Study, and authorized staff to continue working on transit alternatives for State Route 4,seconded by Vice Chair Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐Commissioner Arnerich, Commissioner Noack, Commissioner Thorpe Abstain‐None
DISCUSSION: Matt Kelly, Senior Transportation Planner, provided a background of the grant award and improvements in East County, an existing travel time comparison from 2019, and the procurement process to obtain a qualified firm for the East County Integrated Transit Study (Study). He introduced Jimi Mitchell and Thaddeus Wozniak with Nelson\Nygaard. Mr. Mitchell provided an overview of each phase of the Study, and components of the Study such as public outreach through online open houses, project needs and goals, objectives and desired
7.3.a
Packet Pg. 76
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
outcomes, development and evaluation of alternatives and criteria, and consideration of challenges and opportunities. Mr. Wozniak discussed the evaluation findings, differentiators, the expansion and land use policies for the Metropolitan Transportation Commission and Bay Area Rapid Transit, proposed land use and planned development for the Innovation Center at Brentwood, comparison of alternatives, transit trips and travel costs, and the timeline for phases 3 and 4 with potential project closeout in February 2022.
Timothy Haile, Executive Director, discussed the funding for the East Contra Costa Intermodal Center, and the need for support and a partnership with the Bay Area Rapid Transit.
Commissioners and Representatives provided comments. Staff responded to comments from commissioners and representatives.
Commissioner Glover requested that the motion be amended to authorize staff to continue working on transit alternatives for State Route 4. Commissioners agreed to this amendment.
Commissioner Noack left at 7:11 PM. Rep. Powers and Commissioner Thorpe left at 7:13 PM.
B. PUBLIC HEARING: Approval of the 2021 Update of the Contra Costa Congestion Management Program (CMP)
Recommendation: Staff seeks approval to adopt Resolution 21‐46‐G approving the 2021 Update of the Contra Costa CMP, authorize the Executive Director or designee to make any non‐substantive changes to finalize the document, and forward it to the Metropolitan Transportation Commission.
ACTION: Commissioner Mitchoff moved to adopt Resolution 21‐46‐G approving the 2021 Update of the Contra Costa Congestion Management Program following a public hearing, authorize the Executive Director or designee to make any non‐ substantive changes to finalize the document, and forward it to the Metropolitan Transportation Commission, seconded by Commissioner Hudson. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐Commissioner Arnerich, Commissioner Noack, Commissioner Thorpe Abstain‐None
DISCUSSION: Matt Kelly, Senior Transportation Planner, provided a brief background and overview of the 2021 Update of the Contra Costa Congestion Management Program, which consisted of technical updates from 2019‐2021, level‐of‐service monitoring of the transportation system, and an updated Capital Improvement Program.
7.3.a
Packet Pg. 77
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
Chair Gerringer opened the Public Hearing at 8:15 PM. There were no public comments. Chair Gerringer closed the Public Hearing at 8:16 PM.
10. CORRESPONDENCE AND COMMUNICATIONS
11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on December 9, 2021 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on December 9, 2021 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report forthe regular meeting on December 6, 2021 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on December 10, 2021 (Meeting handout if available)
12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Gerringer announced that the City of Lafayette adopted a Vision Zero policy in November, and thanked Authority staff for their assistance.
B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Hudson provided an update on the Iron Horse Trail/Bollinger Canyon Road Bicycle and Pedestrian Overcrossing project.
Commissioner Mitchoff invited commissioners, representatives, and staff to the Bay Area Air Quality Management District’s Board of Directors Special Meeting and Retreat on January 19, 2022.
Rep. Worth provided an update on the Blue Ribbon Task Force priorities of transit, and fare integration, and the One Bay Area Grant 3 funds.
Rep. Allen provided an update on ridership for the Bay Area Rapid Transit.
Commissioners and Representatives congratulated members on their leadership roles and changes at each of their respective agencies.
7.3.a
Packet Pg. 78
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, discussed the Glydways tour with Congressman DeSaulnier, the continuation of tours in February‐March 2022, the San Francisco Moving Documentary, and the invitations to speak at conferences to promote the Authority. He announced that he attended the Dedication Ceremony of Representative Ellen O'Kane Tauscher Caldecott Tunnel Memorial Bore and confirmed a special meeting of the Authority Board on January 5, 2022, to discuss the continuation of meeting virtual under Assembly Bill 361.
13. CALENDAR
A. December 2021, and January, February, and March2022
B. Calendar of Upcoming Events
14. CLOSED SESSION
DISCUSSION: Commissioners, staff, and legal counsel convened into Closed Session at 8:33 PM.
Rep. Allen and Worth left at 8:33 PM.
A. Conference with Legal Counsel – Interstate 80/San Pablo Dam Road Interchange Improvements Project: Proposed Agreements with URS Corporation and The Hanna Group to Settle Potential Claims
B. Public Employee Performance Evaluation Pursuantto Government Code § 54957 Title: Executive Director
Conference with Labor Negotiators Pursuantto Government Code § 54957.6 Agency Designated Representative: Teresa Gerringer, Chair Unrepresented Employee: Executive Director
15. RECONVENE IN OPEN SESSION
A. Report on Action Taken in Closed Session
ACTION: Commissioners reconvened into Open Session at 8:53 PM. Chair Gerringer reported that there was unanimous approval for agreements with URS Corporation and The Hanna Group under Closed Session Item 14.A and that a 6% salary increase was approved for the Employment Agreement with Timothy Haile, Executive Director under Closed Session Item 4.B. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐Commissioner Arnerich, Commissioner Noack, Commissioner Thorpe Abstain‐None
7.3.a
Packet Pg. 79
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) Authority Board Meeting MINUTES
December 15, 2021
16. ADJOURNMENT to the next regular meeting proposed for January 19, 2022 at 6:00 PM.
DISCUSSION: The meeting was adjourned at 8:54 PM.
7.3.a
Packet Pg. 80
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update)
COMMISSIONERS
Teresa Gerringer,
Chair
Chris Kelley,
Vice Chair
Newell Arnerich
Tom Butt
Federal Glover
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/December 15, 2021 RTPC Memo.doc
MEMORANDUM
To: Matt Todd, TRANSPAC
Lisa Bobadilla, SWAT
John Cunningham, TRANSPLAN
Lisa Bobadilla, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: December 22, 2021
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its December 15, 2021 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:
A. Innovate 680 – Part Time Transit Lane (Project 8009.03) – Authorization to Execute Cooperative Agreement No. 90.80.08 with the California Department of Transportation (Caltrans) for Project Study Report/Project Development Support (PSR/PDS) Oversight Services
Recommendation: Staff sought authorization for the Chair to terminate Cooperative Agreement No. 90.80.02 and execute Cooperative Agreement No.
90.80.08 with Caltrans in an amount not‐to‐exceed $240,000, for PSR/PDS oversight services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
Action: The Authority Board authorized the Chair to terminate Cooperative Agreement No. 90.80.02 and execute Cooperative Agreement No. 90.80.08 with Caltrans in an amount not‐to‐exceed $240,000, for PSR/PDS oversight services,
7.3.a
Packet Pg. 81
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) RTPC Memorandum
December 22, 2021
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/December 15, 2021 RTPC Memo.doc and to allow the Executive Director or designee to make any non‐substantive changes to the language.
B. Iron Horse Trail (IHT)/Bollinger Canyon Road Bicycle and Pedestrian Overcrossing (POC) (Project 120025): Authorization to Execute Amendment No. 1 to Cooperative Agreement No. 12SW.05 with the City of San Ramon (City) for Environmental Documents, Plans, Specifications & Estimates (PS&E), Right‐of‐Way (ROW), Utility, and Construction Phase Services Recommendation: Staff sought authorization for the Chair to execute Amendment No. 1 to Cooperative Agreement No. 12SW.05 with the City in the amount of $5,299,000, for a new total agreement value of $22,719,000, to provide environmental documents, PS&E, ROW, utility, and construction phase services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
Action: The Authority Board authorized the Chair to execute Amendment No. 1 to Cooperative Agreement No. 12SW.05 with the City in the amount of $5,299,000, for a new total agreement value of $22,719,000, to provide environmental documents, PS&E, ROW, utility, and construction phase services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
C. Interstate 680/State Route 4 Interchange Improvements, Phase 3 Widening (Project 1117/6001): Approval to Increase Construction Allotment for Agreement No. 505 with Brosamer and Wall, Inc. (Brosamer) for Construction Services
Recommendation: Staff sought approval of 1) Resolution 18‐59‐P (Rev 1), which will increase the authorized construction allotment amount by $2,073,000, for a new total construction allotment value of $99,775,223; and 2) Resolution 21‐47‐P, which will adopt Amendment No. 2 to the 2019 Measure J Strategic Plan.
7.3.a
Packet Pg. 82
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) RTPC Memorandum
December 22, 2021
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/December 15, 2021 RTPC Memo.doc Action: The Authority Board approved 1) Resolution 18‐59‐P (Rev 1), which will increase the authorized construction allotment amount by $2,073,000, for a new total construction allotment value of $99,775,223; and 2) Resolution 21‐47‐P, which will adopt Amendment No. 2 to the 2019 Measure J Strategic Plan.
D. East Contra Costa County (East County) Dynamic Personal Micro Transit (DPMT) Feasibility Study (Study)
Recommendation: Staff presented the findings of the East County DPMT Study.
This is an informational item only; no staff recommendation at this time.
Action: The Authority Board received a presentation on the findings of the East County DPMT Study.
E. Approval of the East County Integrated Transit Study (Study) Locally Preferred Alternative (LPA)
Recommendation: Staff sought approval of Alternative 4 ‐ Express Bus to Antioch as the recommended LPA from the Draft Study to be advanced for cost refinement and conceptual design, and advancing certain design elements of the higher cost Alternative 1 ‐ Bay Area Rapid Transit Rail Extension, to be included in the Final Study.
Action: The Authority Board approved Alternative 4 ‐ Express Bus to Antioch as the recommended LPA from the Draft Study to be advanced for cost refinement and conceptual design and advancing certain design elements of the higher cost Alternative 1 ‐ Bay Area Rapid Transit Rail Extension, to be included in the Final Study.
7.3.a
Packet Pg. 83
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) RTPC Memorandum
December 22, 2021
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2021/December 15, 2021 RTPC Memo.doc F. PUBLIC HEARING: Approval of the 2021 Update of the Contra Costa Congestion Management Program (CMP)
Recommendation: Staff sought approval to adopt Resolution 21‐46‐G approving the 2021 Update of the Contra Costa CMP, authorize the Executive Director or designee to make any non‐substantive changes to finalize the document, and forward it to the Metropolitan Transportation Commission.
Action: Following a Public Hearing, the Authority Board adopted Resolution 21‐46‐G approving the 2021 Update of the Contra Costa CMP, authorizing the Executive Director or designee to make any non‐substantive changes to finalize the document, and approving staff to forward it to the Metropolitan Transportation Commission.
G. Consideration to Continue Conducting Remote Teleconferencing Meetings of the Legislative Bodies of the Authority Pursuant to Assembly Bill (AB) 361 Recommendation: Staff sought approval to proclaim a local emergency, ratify the proclamation of a State of Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of January 2022 pursuant to the Brown Act provisions under AB 361.
Action: The Authority Board proclaimed a local emergency, ratified the proclamation of a State of Emergency, and authorized the continuation of conducting remote teleconference meetings of the legislative bodies of the Authority for the period of January 2022 pursuant to the Brown Act provisions under AB 361.
7.3.a
Packet Pg. 84
Attachment: CCTA Executive Summary and Board Meeting Minutes 12.15.21 (CCTA Transpac Update) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: December 9, 2021
MEMBERS PRESENT: Mark Ross, Martinez (Chair); Loella Haskew, Walnut Creek (Vice Chair); Peter Cloven, Clayton;
Carlyn Obringer, Concord; Karen Mitchoff, Contra
Costa County; Sue Noack, Pleasant Hill
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord; Diana Vavrek, Pleasant Hill; Bob Picket, Walnut Creek
STAFF PRESENT: Andy Smith, Walnut Creek; Robert Sarmiento, Contra Costa County; Ricki Wells, BART; Ruby
Horta, County Connection; Melody Reebs, County
Connection; Matt Todd, TRANSPAC Managing
Director; and Margaret Strubel, TRANSPAC Clerk
GUESTS/PRESENTERS: None
MINUTES PREPARED BY: Margaret Strubel, TRANSPAC Clerk
1. CONVENE REGULAR MEETING/PLEDGE OF ALLEGIANCE/SELF-INTRODUCTIONS.
Chair Ross called the meeting to order at 11:00 AM.
2. PUBLIC COMMENT.
There were no comments from the public.
3. CONSENT AGENDA.
a. Minutes of the November 10, 2021 Meeting.
b. CCTA Executive Director’s Report Regarding CCTA Actions /Discussion Items. c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest.
d. Continue Use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361.
On motion by Member Noack seconded by Member Obringer to approve the consent items by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
7.3.b
Packet Pg. 85
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update)
4. ELECTION OF TRANSPAC CHAIR AND VICE CHAIR.
On motion by Member Obringer seconded by Member Noack to appoint Vice Chair Haskew as TRANSPAC Chair, commencing in February 2022, by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
On nomination by Member Mitchoff seconded by Member Noack to appoint Member Peter Cloven as TRANSPAC Vice Chairs, commencing in February 2022, by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
5. APPOINTMENT OF TRANSPAC REPRESENTATIVE TO THE CCTA.
Managing Director Matt Todd introduced the item. He said that an appointment is needed for the TRANSPAC representative to the CCTA as the term is ending in January 2022 for Member Sue Noack as the TRANSPAC representative and Member Peter Cloven as her alternate. He said that the term for the other TRANSPAC representative, Vice Chair Haskew, and her alternate, Member Obringer, ends in 2023.
Member Obringer asked about the history of city representation of the appointments, including the lack of Martinez and Concord representation. Mr. Todd referred to packet for the history.
Member Obringer asked if other RTPCs have a rotation. Member Mitchoff said that SWAT has rotation but is unaware of policies of other RTPCs. Member Noack said that projects that are discussed are complicated and long term which benefits from continuity of representatives, not rotation. Vice Chair Haskew and Member Mitchoff noted Member Noack’s good work on the CCTA APC. Member Obringer and Chair Ross said that representation by Concord or Martinez would be welcome in the future.
On nomination by Member Obringer seconded by Member Mitchoff to continue the appointment of Member Noack as TRANSPAC representative to the CCTA for the two-year period, commencing in February 2022, by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
On nomination by Member Mitchoff seconded by Vice Chair Haskew to continue the appointment of Member Cloven as alternate TRANSPAC representative to the CCTA for the two-year period, commencing in February 2022, by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
6. TRANSPAC COMMITTEE APPOINTMENTS - CCTA CBPAC APPOINTMENTS FOR THE TERM JANUARY 1, 2022 TO DECEMBER 31, 2023.
On motion by Vice Chair Haskew seconded by Member Obringer to appoint TRANSPAC TAC members Ozzy Arce (City of Walnut Creek) as the primary representative and Lynne Filson
7.3.b
Packet Pg. 86
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update) (City of Martinez) as the alternate to represent TRANSPAC on the CBPAC for the term January 1, 2022 through December 31, 2023, by unanimous vote of the members present (Ross, Haskew, Cloven, Mitchoff, Noack, Obringer).
Member Noack asked about the appointment of the citizen representative on BCPAC. Mr. Todd said that there were no nominations before the meeting packet was distributed, so this item will be presented at the February meeting. Vice Chair Haskew has a recommendation that Mr.
Todd will contact. He said the non-staff appointment will be advertised on 511.org.
7. 2022 TRANSPAC MEETING CALENDAR.
Mr. Todd discussed issues around the AB361 legislation and the need for a reaffirmation of utilizing virtual remote meetings using modified Brown Act rules every 30 days. He referred to the packet and noted the times that have a longer than a 30-day period between meetings. He said that if there is a 30-day lapse, TRANSPAC would lose the exception and would need an official Brown Act virtual meeting with all official requirements (i.e., all remote meeting locations open to the public) to reinstate the AB361 allowed virtual meeting. He said that CCTA is having the same issue. He said that the special meeting would have no other items on the agenda. He said that there would need to be two meetings with this agenda item before the February 10th meeting.
Chair Ross and the Board indicated a special meeting on January 6 at 9:00 a.m. should work.
Mr. Todd said there will be a doodle poll for the other special meeting in late January.
8. MEASURE J LINE 20A FUNDS PROGRAM POLICIES - FY 2022/2023 AND FY 2023/2024 PROGRAMMING CYCLE.
Mr. Todd said that he is seeking approval to release the call for projects for the Measure J Line 20A Funds. He discussed the program including a proposal to have a 2-year cycle. He referred to the funding projections in the packet and said that the actuals for last fiscal year were $60K more than projections for the last 2 years. He said upon approval, he will release the application next week which will have a due date of January 21, 2021. He said that the review process has been discussed and modifications based on these discussions to the application have been made. He indicated that through the discussion to date, we have struggled to find consensus on a set of quantitative measures.
Member Noack noted a need for rewording for the blurb statement on page 44. Chair Ross would like to have a cost per trip analysis and ancillary information that may not be measurable, as this could still be informative. Member Obringer would like end user feedback, and any commentary from third party about how service is working, not just how this is cost effective. Member Mitchoff suggested outcome measurements of how the organization met their goals. Member Noack requested that the COVID-19 question be elaborated to include
7.3.b
Packet Pg. 87
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update) unused funds during lockdown. Mr. Todd said that we have been able to identify unused funds over the last two years to offset new funding requests.
Chair Ross asked if an organization serves an Equity Priority Community how their chances are affected or if this is only information for consideration. Mr. Todd said this is just one piece of information to be considered in the decision matrix.
This was passed by consensus, with the note to add the previously mentioned changes to the application that were requested by the members.
9. HIGHWAY 4 CORRIDOR – BICYCLE IMPROVEMENTS BETWEEN MARTINEZ AND HERCULES.
Chair Ross said that it is difficult to get anywhere west of Martinez by bike, it is a circuitous route, so improvements to the Highway 4 corridor would make things easier.
Mr. Todd discussed the westbound Highway 4 biking corridor issue including lack of proper signage in areas where the public is allowed to use bicycles. He reviewed his discussion with Caltrans regarding workable alternatives. He said the eastbound direction of Highway 4 is technically an expressway as there are no controlled onramps and there are driveways. He said this is a much more difficult issue with a pinchpoint at the railroad undercrossing where the shoulder is 1-2 feet for 1000-2000 feet in length. He said that there was a TDA call for projects, but this project is not a good fit with this funding source. However, he said that Caltrans has a statewide mandate for complete streets and has SHOPP funding which could be directed to this project. He said the railroad aspect of this area provides additional challenges for improving this area for bicycle travel. He said he will share this letter with the other RTPCs to join in this effort.
Chair Ross said it would be good to have options for this route, especially in light of eBikes for the steep hills. Discussion followed about solutions for this problem through the underpass including striping, flashing beacons, signage, or a combination of tactics.
There was consensus to transmit a letter to Caltrans District 4 regarding workable alternatives for safety improvements in this corridor.
10. SUMMARY OF THE INFRASTRUCTURE INVESTMENT AND JOBS ACT.
Mr. Todd discussed the Infrastructure Investment and Jobs Act or IIJA and referred to the packet for a high-level summary focusing on California. He noted that California will receive $29B in formula funding over 5 years, which is 45% more than received in the FAST act 5 years ago. He discussed formula and competitive funding and amounts for different transportation sectors such as public transportation and rail. He discussed the funds that will pass through
7.3.b
Packet Pg. 88
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update) CCTA, MTC, from FHWA through Caltrans. He said that TRANSPAC should look at regional projects that can garner all levels of government involvement, such as I-680/SR-4 Interchange.
He said the focus should be on working together for the larger funding opportunities.
Chair Ross indicated Martinez may be interested in funding that supports ferries. He asked about enhancing applications for funding to make these projects shine; he suggested creating a process to garner each city’s support.
Member Noack said that CCTA will be looking for matching funds for the larger projects and they may have to look to funds that are now provided to cities. She said this could impact local streets and roads improvement funds. Chair Ross said there needs to be communication from CCTA about the possibility of a reduction of the amount of local source funding returning to local jurisdictions so the cities can budget appropriately. Member Obringer asked about the timeline for an ask for the cities. Mr. Todd said this is all very new so there is no specific timeline at the moment, but he expects that this could be 3-6 months for CCTA to identify match amounts, build support, and identify application processing resources. Member Obringer said she would like to focus on Contra Costa County projects instead of mega-region projects. Member Noack said CCTA has garnered funds due to thoughtful planning, but even so, a potential bond measure may be needed; she said it is informative to listen to the lobbyists for CCTA. Vice Chair Haskew said there is a state surplus currently and noted that there is possible RM3 funding.
11. TRANSPAC CCTA REPRESENTATIVE REPORTS.
Member Noack said the I-680/SR-4 Interchange widening project was discussed at CCTA. She said there is expansion of the testing of the Glydways at Gomentum station and tours are on hold until March.
Vice Chair Haskew reported about the Planning Committee. She said the draft Congestion Management report is being sent to the Commission; and a discussion about the east county integrated study which may extend BART or buses from Brentwood to eBart.
12. TAC ORAL REPORTS BY JURISDICTION.
Mr. Sarmiento said that there is a rotation of county staff to RTPCs; he will be moving to TRANSPLAN and another member of staff will take his place. Member Noack and Chair Ross thanked him for his work.
13. BOARDMEMBER COMMENTS.
There were no comments aside from happy holidays from Chair Ross.
7.3.b
Packet Pg. 89
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update)
14. MANAGING DIRECTOR’S REPORT.
Mr. Todd commented that there will be a special TRANSPAC TAC meeting next Thursday to discuss the update of the Central County Action Plan. He thanked the Board for their work this year and wished them happy holidays.
15. ADJOURN / NEXT MEETING.
The meeting adjourned at 10:22 A.M. The next meeting is scheduled for January 6, 2022 at 9:00 A.M.
7.3.b
Packet Pg. 90
Attachment: Transpac Meeting Summary Minutes 12.9.21 (CCTA Transpac Update)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: AFFIRM RESOLUTION NO. 63-21 APPROVING CONTINUED
TELECONFERENCING OF THE MEETINGS OF ALL CITY
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361
SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. On October 4, 2021, the City Council adopted Resolution No. 63-21 approving continued teleconferencing of the meetings of all of the City’s legislative bodies pursuant to the provisions of AB 361; since then, the City Council has continuously affirmed the resolution within the 30-day deadline to continue teleconferencing under AB 361. Staff recommends the City Council once again affirm Resolution No. 63-21 approving continued teleconferenced (“remote”) meetings of all City legislative bodies through April 6, 2022 pursuant to the provisions of AB 361.
DISCUSSION
Background
In September 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continues his Executive Orders allowing for remote meetings under “relaxed” provisions of the Brown Act in response to the COVD-19 pandemic.
The provisions still require that members of the public have the ability to view, listen, and comment on items on the agenda.
On October 4, 2021, the City Council adopted Resolution No. 63-21 approving the continuation of remote meetings for all of the City’s legislative bodies pursuant to the provisions of AB 361.The City Council affirmed the resolution at all of its regular meetings in November and December 2021, and at the regular meetings in January and February 2022, to continue to meet the 30-day deadline.
Analysis
AB 361 contains several requirements in order to continue the use of remote meetings. These include:
7.4 Packet Pg. 91
There must be a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency. During that State of Emergency, either State or local officials have imposed or recommended measures to promote social distancing, or determined that meeting in person would present an imminent risk to the health or safety of attendees. In order to continue to utilize remote meetings, the Council must take formal action within 30 days of the first AB 361 meeting, reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.
The State of California is still under an emergency declaration regarding COVID-19, and both State and local health officials continue to recommend social distancing to help stop the spread of the virus. Resolution No. 63-21, adopted October 4, 2021 by the City Council, applies to all of the City’s legislative bodies (as defined by the Brown Act). The City Council last affirmed the resolution on February 7, 2022; this remote meeting allowance expires March 9, 2022 unless the City Council takes formal action to reconsider the factors and affirm the specified findings in the resolution. The next regular meeting of the City Council is scheduled for March 21, 2022, which falls after the March 9
th expiration. Staff therefore recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist, thereby extending the allowance to April 6, 2022.
The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.
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.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council vote to affirm Resolution No. 63-21 as the formal action of its reconsideration of the factors listed and adoption of the specified findings that the facts relied upon still exist.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could not affirm the resolution and provide direction to staff.
7.4 Packet Pg. 92
ATTACHMENT(S):
Resolution No. 63-21
Prepared by: Danielle K. Habr, City Clerk
Approved by: June Catalano, City Manager
7.4 Packet Pg. 93
RESOLUTION NO. 63-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING CONTINUED TELECONFERENCING OF THE MEETINGS OF ALL CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 WHEREAS, in response to the COVID- 19 pandemic, the Governor adopted a series of Executive Orders allowing the legislative bodies of local governments to meet remotely via teleconference so long as other provisions of the Brown Act were followed; and WHEREAS, on September 15, 2021, the Governor signed into law as an urgency measure, AB 361, which allows for the continued use of remote meetings by local legislative bodies subject to certain conditions, which must be reconsidered every 30 days; and WHEREAS, on behalf of all legislative bodies for the City of Pleasant Hill, the City Council has considered the current state of health guidance related to public meetings in Contra Costa County and finds it necessary to continue with remote meetings to promote public health and safety.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, that the City Council approves continued teleconferencing of public meetings of all City legislative bodies based on the following findings required by Government Code Section 549539( e), as amended by AB 361:
The entire State of California remains under a proclaimed state of emergency as declared by the Governor of the State of California related to the COVID- 19 pandemic.
The California Department of Public Health continues to require the use of face coverings in indoor settings in order to help stop the spread of the virus.
The Health Officer for Contra Costa County published “ Recommendations for Safely Holding Public Meetings” on September 20, 2021, which “ strongly recommend” online meetings, that local agencies should provide options for the public to participate without having to attend meetings in person, and that social distancing should be used, including six feet of spacing between all in attendance.
The City does not currently have the ability to offer “ hybrid” participation options for the public and given the constraints of the City Council Chamber, social distancing is difficult without severely limiting space for members of the public to attend.
BE IT FURTHER RESOLVED, that this determination by the Pleasant Hill City Council shall apply to all of the City’s legislative bodies, as defined by the Ralph M. Brown Act.
Signatures on the Following Page]
7.4.a
Packet Pg. 94
Attachment: Resolution No. 63-21 (Teleconferencing Under AB 361 - 3/7/22 - 4/6/22) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of October, 2021, by the following vote:
AYES: Carlson, Flaherty, Harris, Rinn, Noack
NOES: None
ABSENT: None
ABSTAIN: None
SUSAN A. NOACK, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
7.4.a
Packet Pg. 95
Attachment: Resolution No. 63-21 (Teleconferencing Under AB 361 - 3/7/22 - 4/6/22)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING A FIRST
AMENDMENT TO THE AGREEMENT WITH STAY PLEASANT HILL
TO SERVE AS THE OWNERS' ASSOCIATION FOR THE PLEASANT
HILL TOURISM IMPROVEMENT DISTRICT AND AUTHORIZING
THE CITY MANAGER TO EXECUTE THE AMENDMENT
SYNOPSIS
On February 7, 2022, the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the Pleasant Hill Tourism Improvement District (PHTID), to be effective on April 1, 2022 and continuing for five years until March 31, 2027, unless terminated earlier in accordance with the terms of the Agreement. Staff, however, has discovered a one word change to the Owners’ Association Agreement for Council consideration. The required annual reports should be on a fiscal year basis as opposed to a calendar year basis. This can be accomplished by deleting the word calendar and substituting the word fiscal in the section of the Agreement referencing the annual reports. The attached Resolution, approving this First Amendment to the Agreement and authorizing the City Manager to execute the Amendment, is submitted for Council approval.
DISCUSSION
On January 24, 2022, the City Council approved the renewal of the Pleasant Hill Tourism Improvement District (PHTID) for five additional years, extending the district through March 31, 2027. On February 7, 2022, the Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the PHTID.
Subsequent to this approval, staff discovered an Amendment to the original Owners’ Association Agreement. That Amendment changed the word calendar to the word fiscal in relation to the required annual reports. In drafting the new Owners’ Association Agreement, the original Owners’ Association Agreement was used as a model, but the Amendment to that original Agreement was overlooked.
7.5 Packet Pg. 96
Staff recommends the Council approve the attached Resolution amending the recently approved Owners’ Association Agreement to replace the word calendar with the word fiscal in Paragraph 4 as follows:
4. Annual Report By October 30th of each year, 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 fiscal 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.
The resolution also authorizes the City Manager to execute the First Amendment to the Owners’ Association Agreement.
FISCAL IMPACT
There are no fiscal impacts from the one word changes from word calendar to the word fiscal.
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
Adopt the proposed Resolution approving a First Amendment to the Owners’ Association Agreement to replace the word calendar with the word fiscal in Paragraph 4 and authorize the City Manager to execute the First Amendment to the Owners’ Association Agreement.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to adopt the attached Resolution and leave the word calendar in place for the applicable time period for the annual reports.
ATTACHMENT(S):
Proposed Resolution
Exhibit 1 - First Amendment to the Owners’ Association Agreement Exhibit 2 - Owners’ Association Agreement
Prepared by: Zach Seal, Economic Development Manager
Janet Coleson, City Attorney
Approved by: June Catalano, City Manager
7.5 Packet Pg. 97
RESOLUTION NO. -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH STAY PLEASANT HILL TO SERVE AS THE OWNERS’ ASSOCIATION FOR THE PLEASANT HILL
TOURISM IMPROVEMENT DISTRICT AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT
WHEREAS, on January 24, 2022, the City Council approved the renewal of the Pleasant Hill Tourism Improvement District (PHTID) for five additional years, extending through March 31, 2027; and
WHEREAS, on February 7, 2022, the City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the PHTID; and
WHEREAS, section four of the Owners’ Association Agreement provides that the required annual reports be based on a calendar year and the reports should be based on a fiscal year; and WHEREAS, the First Amendment to the Owners’ Association Agreement corrects the time period for the annual reports from calendar to fiscal year.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City Manager is hereby authorized to execute a First Amendment to the Owners’ Association Agreement for the PHTID.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7th day of March 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
Exhibit 1 – First Amendment to the Owners’ Association Agreement Exhibit 2 – Owners’ Association Agreement
7.5.a
Packet Pg. 98
Attachment: Proposed Resolution (TID Owners Agreement Amendment)
FIRST AMENDMENT TO AGREEMENT WITH STAY PLEASANT HILL TO SERVE AS THE OWNERS’ ASSOCIATION FOR THE PLEASANT HILL TOURISM
IMPROVEMENT DISTRICT
This First Amendment, dated the _____ of March, 2022, hereinafter referred to as the “Effective Date”, is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as “City”, and Stay Pleasant Hill, a California non-profit corporation, hereinafter referred to as “Contractor”, and collectively referred to as “Parties”.
RECITALS
A. On February 7, 2022 the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the Pleasant Hill Tourism Improvement District (PHTID), to be effective on April 1, 2022 and continue for five years until March 31, 2027; and B. Section 4 of the Agreement concerns the annual reports. The reports should be completed on a fiscal year basis instead of a calendar year basis. Therefore, it is necessary to change the word “calendar” to “fiscal”.
FIRST AMENDMENT TO AGREEMENT
Now, therefore, the parties agree to amend the Owners’ Association Agreement as follows:
Section 4 is hereby replaced in its entirety with the following new Section 4.
4. Annual Report By October 30th of each year, 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 fiscal 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.
All other provisions of the Owners;’ Association Agreement shall remain as written.
IN WITNESS THEREOF, the parties hereto have executed this Agreement.
City of Pleasant Hill Stay Pleasant Hill
By ________________________ By _____________________
___________________________ ________________________
print name print name
7.5.b
Packet Pg. 99
Attachment: Exhibit 1 - First Amendment to Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 100 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 101 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 102 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 103 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 104 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 105 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 106 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 107 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 108 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
7.5.c
Packet Pg. 109 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) 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
7.5.c
Packet Pg. 110 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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
7.5.c
Packet Pg. 111 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) 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.
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 Section V.
7.5.c
Packet Pg. 112 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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.
7.5.c
Packet Pg. 113 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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
7.5.c
Packet Pg. 114 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 115 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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
7.5.c
Packet Pg. 116 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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.
7.5.c
Packet Pg. 117 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 118 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 119 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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)
7.5.c
Packet Pg. 120 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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)
7.5.c
Packet Pg. 121 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 122 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 123 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 124 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 125 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 126 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 127 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 128 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 129 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 130 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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.
7.5.c
Packet Pg. 131 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 132 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
January 24, 2022
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
7.5.c
Packet Pg. 133 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) PHTID Management District Plan
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.
7.5.c
Packet Pg. 134 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) 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.
7.5.c
Packet Pg. 135 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment) 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
7.5.c
Packet Pg. 136 Attachment: Exhibit 2 - Owners Association Agreement (TID Owners Agreement Amendment)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___ AMENDING SECTION 3.35.070 OF THE PLEASANT HILL MUNICIPAL
CODE REGARDING THE TRAFFIC SAFETY COMMISSION
SYNOPSIS
City staff and the Traffic Safety Commission have proposed an amendment to Section 3.35.070 (Meetings) of the Pleasant Hill Municipal Code to amend the meeting day of its regular meetings.
DISCUSSION
Background
The Traffic Safety Commission (“Commission”) would like to change its regular meeting day from the second Tuesday of each month to the first Tuesday of each month. Chapter 3.35 of the Pleasant Hill Municipal Code (“PHMC”) sets the framework for establishment and operation of the Commission; the Commission is therefore proposing the following changes to Section
3.35.070 (Meetings) of the PHMC:
Current
3.35.070 – Meetings.
The commission shall meet at least once monthly for the purposes set forth in PHMC Section 3.35.020. Meetings shall be held at City Hall at 6:00 p.m. on the second Tuesday of each month. These regular and any special meetings shall be conducted in conformance with the Ralph M. Brown Act, Government Code Section 54950 and following.
Proposed
3.35.070 – Meetings.
The commission shall meet on the first Tuesday of each month for the purposes set forth in PHMC Section 3.35.020. Meetings shall be held at a time established through the traffic safety commission’s policies and procedures at City Hall, 100 Gregory Lane, Pleasant Hill, California. These regular and any special meetings shall be conducted in conformance with the Ralph M. Brown Act, Government Code Section 54950 and following.
7.6 Packet Pg. 137
Analysis
Community Development Department staff from the Engineering Division attend both Planning Commission and Traffic Safety Commission meetings. The current Traffic Safety Commission meeting date (second Tuesday of the month) conflicts with the established Planning Commission meeting time in PHMC Section 3.05.080.
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.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council open the public hearing and introduce the proposed ordinance amending Section 3.35.070 of the Pleasant Hill Municipal Code.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council could choose not to introduce the ordinance, or make additional amendments to the ordinance.
ATTACHMENT(S):
Proposed Ordinance Red-Lined
Proposed Ordinance Clean
Prepared by: Ananthan Kanagasundaram, Interim City Engineer Reviewed by: Ethan Bindernagel, Community Development Director Approved by: June Catalano, City Manager
7.6 Packet Pg. 138
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING SECTION 3.35.070 OF THE PLEASANT HILL MUNICIPAL CODE
REGARDING THE TRAFFIC SAFETY COMMISSION
WHEREAS, the Traffic Safety Commission is established through Chapter 3.35 of the Pleasant Hill Municipal Code; and
WHEREAS, the Commission wishes to amend the meeting day language for the Traffic Safety Commission in Section 3.35.070 of the Municipal Code; and WHEREAS, the Commission recommends to the City Council the changes in this ordinance.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. Section 3.35.070 of the Pleasant Hill Municipal Code is repealed and replaced in its entirety to read:
3.35.070 Meetings.
The commission shall meet at least once monthly for the purposes set forth in PHMC § 3.35.020.
Meetings shall be held at City Hall at 6:00 p.m. on the second Tuesday of each month. These regular and any special meetings shall be conducted in conformance with the Ralph M. Brown Act, Government Code section 54950 and following. (Ord. 806 § 1, 2005) The commission shall meet on the first Tuesday of each month for the purposes set forth in PHMC § 3.35.020. Meetings shall be held at a time established through the traffic safety commission’s rules and procedures at City Hall, 100 Gregory Lane, Pleasant Hill, California. These regular and any special meetings shall be conducted in conformance with the Ralph M. Brown Act, Government Code Section 54950 and following (Ord. 806 § 1, 2005) Section 2.: This ordinance shall be effective 30 days after its adoption.
Section 3. Within fifteen days after passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designation by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 7th day of March, 2022. [Signatures on the Following Page]
7.6.a
Packet Pg. 139 Attachment: Proposed Ordinance Red-Lined (Traffic Safety Commission Ordinance Change - Introduction) ADOPTED and ordered posted at a regular meeting of the City Council of the City of Pleasant Hill, held on the __ day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
7.6.a
Packet Pg. 140 Attachment: Proposed Ordinance Red-Lined (Traffic Safety Commission Ordinance Change - Introduction) ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING SECTION 3.35.070 OF THE PLEASANT HILL MUNICIPAL CODE
REGARDING THE TRAFFIC SAFETY COMMISSION
WHEREAS, the Traffic Safety Commission is established through Chapter 3.35 of the Pleasant Hill Municipal Code; and
WHEREAS, the Commission wishes to amend the meeting day language for the Traffic Safety Commission in Section 3.35.070 of the Municipal Code; and WHEREAS, the Commission recommends to the City Council the changes in this ordinance.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
Section 1. Section 3.35.070 of the Pleasant Hill Municipal Code is repealed and replaced in its entirety to read:
3.35.070 Meetings.
The commission shall meet on the first Tuesday of each month for the purposes set forth in PHMC § 3.35.020. Meetings shall be held at a time established through the traffic safety commission’s rules and procedures at City Hall, 100 Gregory Lane, Pleasant Hill, California. These regular and any special meetings shall be conducted in conformance with the Ralph M. Brown Act, Government Code Section 54950 and following (Ord. 806 § 1, 2005) Section 2.: This ordinance shall be effective 30 days after its adoption.
Section 3. Within fifteen days after passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designation by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 7th day of March, 2022.
ADOPTED and ordered posted at a regular meeting of the City Council of the City of Pleasant Hill, held on the __ day of , 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
7.6.b
Packet Pg. 141 Attachment: Proposed Ordinance Clean (Traffic Safety Commission Ordinance Change - Introduction)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND ADOPT RESOLUTION NO. ___-22
AUTHORIZING TRANSMITTAL OF THE ANNUAL GENERAL PLAN
AND HOUSING ELEMENT IMPLEMENTATION REPORT TO THE
GOVERNOR’S OFFICE OF PLANNING AND RESEARCH AND THE
STATE DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
SYNOPSIS
Government Code Section 65400 requires the City to provide an annual report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development (HCD) concerning the status of the General Plan, progress in its implementation, and progress toward meeting the City’s share of regional housing needs. The Planning Commission has reviewed the report and concurs with its content.
DISCUSSION
Background
State law requires the City to prepare an annual status report on the General Plan. Specifically, Government Code Section 65400 requires the City’s Planning Agency to:
1. Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the General Plan or element of the General Plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open-space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the General Plan.
2. Provide an annual report to the legislative body, the Office of Planning and Research, and the Department of Housing and Community Development that includes all of the following:
a. The status of the plan and progress in its implementation. b. The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583.
8.2 Packet Pg. 142
c. The degree to which the approved General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan.
This report provides an update on the status of the General Plan, and in particular, the Housing Element, and the progress made in meeting goals and objectives for the year 2021.
The Planning Commission reviewed the report at their February 8, 2022 meeting and recommended approval to the City Council. Some minor clarifications on the numbers were made to address State of California HCD form requirements.
Analysis
Progress in Meeting Regional Housing Needs
The regional council of governments (the Association of Bay Area Governments, or “ABAG”) is charged by the State with the responsibility for determining the number of new housing units needed in a community for the upcoming planning period. The State of California provides population estimates to each regional Council of Governments and this agency then allocates the estimated housing units needed by income category among its member communities. The estimated number of housing units needed in Pleasant Hill, as determined and approved by ABAG, is set forth in Table 1 below. This table reflects the planning period from January 31, 2015 to January 31, 2023.
TABLE 1
HOUSING NEED BY INCOME CATEGORY (2015-2023)
Income Category Five Year Need
Housing Units (% of Total)
Extremely Low (<30% median income) 59 (13.2%)
Very Low Income (<50% median income) 59 (13.2%)
Low Income (<80% median income) 69 (15.4%)
Moderate Income (<120% median income) 84 (18.8%)
Above Moderate (>120% median income) 177 (39.5%)
TOTAL 448 (100%)
Source: Based on Association of Bay Area Governments (ABAG) figures.
Generally, Very Low Income households have incomes below 50% of the area median income, Low Income households have incomes that do not exceed 80% of area median income, Moderate Income Households have incomes, which do not exceed 120% of area median income, and Above Moderate Income households have incomes greater than 120% of area median income (see Title 25 Cal. Code of Regs. §6910 et. seq.).
8.2 Packet Pg. 143
Table 2 includes information reflecting units added to Pleasant Hill’s housing stock through 2021.
8.2 Packet Pg. 144
TABLE 2
UPDATED REGIONAL HOUSING NEED ALLOCATION TO YEAR 2021
Overall, while the City has produced some affordable units this past year (in the form of accessory dwelling units), in addition to market rate units, which added to the City’s cumulative unit count for this Housing Element period, there is still an unmet need. However, the City has entitled a significant amount of units in 2021 (254 units), though this does not include the 82 units of affordable senior housing at 490 Golf Club Road that the City anticipates accounting for in the 2022 reporting year.
In addition to the housing approved by the City, there is approximately $2,480,000 in dedicated housing funds attributable to a combination of both in-lieu fees paid pursuant to the City’s inclusionary housing ordinance (Fund 34) and housing successor agency assets (Fund 78). These funds are available to assist with the production of very-low income units when opportunities arise. In addition, the City, as the Successor Agency for the former Pleasant Hill Redevelopment Agency, agreed to sell a site (85 Woodsworth Lane) to an affordable housing developer proposing units at the site. In addition to the land sale, the City preliminarily agreed to provide a $285,000 forgivable loan to assist in the development of affordable housing at the site.
Progress in Implementation of the Housing Element
The City of Pleasant Hill Housing Element update was adopted by the City Council in April 2015, and subsequently certified by the State Department of Housing and Community Development in April 2015. The Housing Element includes multiple mandatory programs with specific timeframes for implementation. The Housing Element identifies a Housing Program Strategy with nine goals, 26 policies and 57 programs. Exhibit 1 of Attachment A (Evaluation of
HOUSEHOLD
INCOME
LEVEL
REGIONAL
HOUSING NEED
DETERMINATION
(2015-2023)
Units
Added to
Housing
Stock,
2015-2021
Units
Approved
(received
Planning
entitlements)
Building
Permits
Issued
Units Issued a
Building
Permit Final or
Certificate of
Occupancy or
Newly
Affordable
Deed
Restricted
Units
REMAINING
BALANCE OF
REGIONAL
HOUSING NEED
DETERMINATION
2021 2021 2021
Extremely Low 59 0 0 0 0 59
Very Low 59 0 9 0 0 59
Low 69 6 0 0 69
Moderate 84 48 37 20 6 36
Above
Moderate
177 105 202 16 3 72
Total 448 153 254 36 9 295
8.2 Packet Pg. 145
Housing Element Implementation Programs) lists these goals and programs in detail and reports on their current statuses for this reporting period of January 31, 2015 to January 31, 2023.
Status of General Plan Activities
Attachment B contains an update of the General Plan implementation actions by the City during 2021, including highlights from the City’s Capital Improvement Program.
CEQA Status
This annual report is statutorily exempt pursuant to Section 15262 of the Guidelines for the Implementation of the California Environmental Quality Act pertaining to preparation of feasibility and planning studies.
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.
RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution accepting the annual report of the current status of implementation of the Housing Element and General Plan, and authorize transmittal of the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
ALTERNATIVES TO RECOMMENDED ACTION
Provide staff with direction to modify the annual General Plan and Housing Element report prior to transmittal.
ATTACHMENT(S):
Attachment A Proposed Resolution
Exhibit 1 Annual Progress Report
Attachment B Status of General Plan Activities
Attachment C Planning Commission Resolution No. 04-22
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Public Works and Community Development Director/Assistant
8.2 Packet Pg. 146
City Manager
Approved by: June Catalano, City Manager
8.2 Packet Pg. 147
RESOLUTION NO. ___ -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL,
ACCEPTING THE ANNUAL REPORT ON THE CURRENT STATUS OF
IMPLEMENTATION OF THE HOUSING ELEMENT AND GENERAL PLAN
WHEREAS, Section 65400 of the California Government Code requires that each legislative body report annually on the progress of the implementation of the Housing Element and General Plan to the Governor’s Office of Planning and Research, and the State Department of Housing and Community Development; and
WHEREAS, an annual report has been prepared and submitted for City Council review summarizing the progress that has been made in implementing the General Plan and Housing Element (the 2021 Annual Report); and
WHEREAS, the 2021 Annual Report includes: (1) the status of the General Plan and progress in its implementation; (2) the City’s progress in meeting its share of regional housing needs and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing; (3) with regard to the Housing Element, a section that describes the actions taken by the City towards completion of the programs and status of the City’s compliance with the deadlines in the Housing Element, as well as a description of how any units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved meet the standards of Government Code Section 65583.1; and (4) a statement of the degree to which the General Plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the General Plan; and WHEREAS, on February 8, 2022, the Planning Commission, as the City planning agency, recommended the City Council accept the annual report of the current status of the implementation of the Housing Element and General Plan; and WHEREAS, on March 7, 2022, the City Council considered the report at a public meeting where members of the public were allowed to provide oral testimony and written comments; and
WHEREAS, this annual report is statutorily exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15262 (“Feasibility and Planning Studies”) of the Guidelines for the Implementation of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill hereby accepts the attached annual report and directs staff to transmit the report to the Governor’s Office of Planning and Research and the State Department of Housing and Community Development.
8.2.a
Packet Pg. 148 Attachment: Attachment A - Proposed Resolution (General Plan Annual Report)
ADOPTED by the City Council of the City of Pleasant Hill, at a regular meeting of the City Council held on the 7
th day of March, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
MICHAEL G. HARRIS O.D., Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
8.2.a
Packet Pg. 149 Attachment: Attachment A - Proposed Resolution (General Plan Annual Report) Pleasant Hil
2021 Jan. 1 ·- Dec. 31
5th C le 01/3112015 -01/31/2023
Project Identifier
1 PrtorAPN• Current APR Street Address
Summarv Row: Start Data Entrv Below
170-192-016
1686 Pleasant Hill Road
127-141-028 167 Cleooatra Drive
154-680-002 6200 Bloek of Alhambra
Ave. /No street address)
154-680-002 6200 Block of Alhambra
Ave. (No street address)
153-050-057 401 Taylor Blvd.
153-050-057 401 Taylor Blvd.
154-210-048-0 154-210-048-0 553 Gow club Rd
150-122-001-4 150-122-001-4 113 ViVian Dr
153-072-036-4 153-072-036-4 1850 Lucille Ln
153-161-010-1 153-161-010-1 1661 Mary Dr
170-142-029-9 170-142-029-9 2988 Dorothy Dr
153-153-009-3 153-153-009-3 1655 Merian Dr
170-020-010� 170-020-010� 261 Rainbow Ln
127-141-028-2 127-141-028-2 167 Cleopatra Cr
149-245-009-1 149-245-009- 205 Astrid Dr
149-245-009- 149-245-009- 2080 Ahneita Dr
170-010-015-7 170-010-015-7 51 El Rancho Dr
170-242-021-5 163 Belle Ave.
154-794-003 201 Elderwood
127-093-001 1943 Peaov Dr.
166-350-025 176 Western Hills Dr.
150-131-028 267 Bettv Lane
127-102-004 34 Phvlis Dr
Project Name•
Juarez Detached
ADU
WonoJADU
Sancerre Village
Sancerre Village
401 Taylor Blvd.
Proiect II
401 Taylor Blvd.
Proiect II
Hu ADU
HusldlcADU
Bajeva JADU
Sanches ADU
Snarr ADU
Nassrallah ADU
Sheshkalani ADU
Wong ADU
Mo ADU
Hood ADU
Scott ADU
Kairuz New Single
Family Home
Leal
Joseohsen Ill
Klotz
McFadden
vasadi
2 Local UnltCaWGDIY
Jurisdiction {SFA.SFD.2 to
Tracking 10• 4,5+,ADIJ,MH)
20210176 ADU
Building Permit
No.
PLN 21-0169 ADU
PLN21-0192 SFD
PLN 21-0192 ADU
PLN 21-0028 SFD
PLN 21-0028 ADU
PLN 20-0399 ADU
PLN21-0017 ADU
PLN 21-0016 ADU
PLN 21 0068 ADU
PLN 21-0108 ADU
PLN 21-0224 ADU
PLN 21-0209 ADU
PLN 21-0358 ADU
PLN 21-0378 ADU
PLN 21-0431 ADU
PLN 21-0469 ADU
PLN 21-0360 SFA
PLN21-0038 ADU
PLN 21-0154 ADU
PLN21-0139 ADU
PLN21-0196 ADU
PLN 21-0250 ADU
ANNUAL ELEMENT PROGRESS REPORT
Housing Element lmplementatlon
(CCR Title 25 §6202)
Unit Types
3 Tenure
R•Renter
O=Owner
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
R
R
R
R
R
Date
Appllcatlon
Submitted
4 Date
Application
Submitted+
(aee
lnstrucllona)
2/10/2021
4/13/2021
2/1612021
2/1612021
9/13/2021
9/1312021
10/27/2020
1/5/2021
119/2021
2/19/2021
3/15/2021
4/29/2021
5/17/2021
8/3/2021
9/7/2021
9123/2021
1112/2021
9/3/2021
1/7/2021
3/412021
3/15/2021
4127/2021
5126/2021
Note: "+" Indicates an optional field
Cells in re contain auto- calculatlo n formulas
Table A
Housing Development AppHcatlons Submitted
Proposed Units -Affordability bY Household Incomes
5 Very Law- Very Low- Low• llooarale- Moderate- lneome lnQll1le Income AboYe Deed Low-lnc,ome No1t Dead ResltlcMCI Income Income
Rwtrletld
Deed
Ree1rleted
Nonl>eed Restrlcte RostrlcMd
Deed
Rastrtcted
Non Deed ModerateIncome
d
0 0 6 0 2 27 38
1 1
6 2
31 6
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 Total Approved
Units by Project
6 7
TGlal .
Total f!BOPOSED APPRQYEP Units by
Projeet Unlta by project
73 65
0 1 1
1 1
6 0
2 0
31 31
6 6
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
1 1
Total
Disapproved
Units bV Prolect
8 Total
IMWl!BQYIC!
Unlta by Project
0 0
Streamlining
9 Was !efU!iie.TIS!!!
Blllllillil! Pursuant
to GC 66913.4(b)?
(SB 35 Streamlining)
No
No
O Yes-But no action taken
0 Yes-But no action taken
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
0 No
Density Bonu,
1•
WaaDenalty
requested
Bonus
for
this housing
development?
No
N�
Yes
Yes
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
8.2.b
Packet Pg. 150 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) pt Column Set- Part 1
Jurisdiction Pleasant Hill I ANNUAL ELEMENT PROGRESS REPORT Reoortina Year 2021 (Jan. 1 - Dec. 31 l Housing Element lmplementatlon Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Tabl11A2
Annual Buildim:1 Activitv Reoort Summarv • New Construction Entitled Pennits and Completed Project Identifier Unit Types Affordability by Household Incomes - Completed Entitlement 1 2 3 4
L~!II Unit Category Tenure Very LowPrioriAPN• CurrentAPN Street Address Project Name• Jurisdiction (SFA;$PP,2J9 Income Deed Very Low• Income Non Deed Low- Income Deed Restricted R0<Renter Restricted Tracking. 11,♦ 4,5+,AOl>,MH) ()=owner Restricted Summary Row: Start Data Entry Belqw 9 0 6
170-192-016 1686 Pleasant Hill Road Juarez Detached ADU 20210176 Building ADU 0 Permit No. 127-141-028 167 Cleopatra Drive Wong JADU PLN 21-0169 ADU 0 153-050-057 401 Taylor Blvd. 401 Taylor Blvd. Project II PLN 21-0028 SFD 0 153-050-057 401 Taylor Blvd. 401 Taylor Blvd. Project II PLN 21-0028 ADU 0 6 154-210-048-0 553 Golf club Rd Hu ADU PLN 20-0399 ADU 0 150-122-001-4 113 ViVian Dr HusidicADU PLN 21-0017 ADU 0 153-072-036-4 1850 Lucille Ln BajevaJADU PLN 21-0016 ADU 0 153-161-010-1 1661 Mary Dr Sanches ADU PLN 21 0068 ADU 0 170-142-029-9 2988 Dorothy Dr Snarr ADU PLN 21-0108 ADU 0 153-153-009-3 1655 Merian Dr Nassrallah ADU PLN 21-0224 ADU 0
8.2.b
Packet Pg. 151 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 1st Column Set
- Part 2
Jurisdiction Pleasant Hill ANNUAL ELEMENT PROGRESS REPORT Reoortina Year 2021 /Jan. 1 - Dec. 31 l Housing Element Implementation Planning Period 5th Cycle 01/31/2015
- 01/31/2023 (CCR Title 25 §6202)
170-020-010-6 261 Rainbow Ln Sheshkalani ADU PLN 21-0209 ADU 0 127-141-028-2 167 Cleopatra Cr Wong ADU PLN 21-0358 ADU 0 149-245-009- 205Astrid Dr Mo ADU PLN 21-0378 ADU 0
170-010-015-7 51 El Rancho Dr Scott ADU PLN 21-0469 ADU 0 170-242-021-5 163 Belle Ave. Kairuz New Single Family Home PLN 21-0360 SFA 0 154-794-003 201 Elderwood Leal PLN 21-0038 ADU R
127-093-001 1943 Peggy Dr. Josephsen Ill PLN 21-0154 ADU R 166-350-025 176 Western Hills Dr. Klotz PLN 21-0139 ADU R 150-131-028 267 Betty Lane McFadden PLN21-0196 ADU R
127-102-004 34 Phylis Dr Vasadi PLN 21-0250 ADU R
166-263-016 754 Cumberland Ct Davidson PLN 21-0228 ADU R 148-061-033 242 Elaine Dr. Hendren PLN 21-0251 ADU R
153--201-028 142 Sylvia Dr Beauregard PLN 21-0265 ADU R 153--223-008 1767 Shelley Nguyen PLN 21-0297 ADU R
153--132-005 38 Alan Dr. Tsang PLN 21-0334 ADU R
164-071-011 218 Steven Circle Carter PLN 21-0357 ADU R
170-212-004 2130 Geary Rd Senderovich PLN 21-0423 ADU R 152-340--008 49 Pillon Real McKissick PLN 21--0388 ADU R 166--141--008 30 Paradise Ln Porter PLN 21--0463 ADU R
170--010--018 20 El Rancho Drive Karplnskas PLN 21--0519 ADU R 150-210--059 85 Cleaveland Road 85 Cleaveland Road PLN 18--0359 5+ R 9 153-161--010 1661 MARY DR, PLEASANT HILL, CA 94523-2258 Evan and Caroline Sanchez 20210166 SFA 0 149-051-029 26 MOLINO COURT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210225 SFA 0 149--051--030 28 MOLINO COURT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210226 SFA 0 149-051-034 36 MOLINO COURT, PLEASANT HILL, CA PONDEROSA HOMES II INC 20210227 SFA 0 153-161--010 101 Live Oak LN, PLEASANT HILL, CA DAVIDON HOMES 20210792 SFA 0
8.2.b
Packet Pg. 152 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 1st Column Set - Part 3
Jurisdiction Pleasant Hill ANNUAL ELEMENT PROGRESS REPORT ReDortlna Year 2021 (Jan. 1 - Dec .. 31 ) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) ·- -
149-051-023 14 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210844 SFA 0 149-051-024 16 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210846 SFA 0 149-051-025 18 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210848 SFA 0 149-051-027 22 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210853 SFA 0 149-051-028 24 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210854 SFA 0 149-051-021 20 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20210857 SFA 0 150-071-017 1955 CAROLYN DR, PLEASANT HILL, CA DISTINCTIVE DESIGNS CALIFORNIAS REMODELING SERVICES 20211305 SFA 0 149-051-021 10 MOLINO CT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20211600 SFA 0 149-051-022 12 MOLINO COURT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20211679 SFA 0 149-051-035 38 MOLINO COURT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20211680 SFA 0 149-051-036 40 MOLINO COURT, PLEASANT HILL, CA 94523 PONDEROSA HOMES II INC 20211681 SFA 0 148-061-019 242 ELAINE DR 242 ELAINE DR 20210114 ADU R
150-122-001 113 VIVIAN DR 113 VIVIAN DR 20210248 ADU R
170-192-016 1686 PLEASANT HILL RD 1686 PLEASANT HILL RD 20210176 ADU R 154-794-003 201 ELDERWOOD DR 201 ELDERWOOD DR 20210019 ADU R 148-063-004 174AGNESWAY 174 AGNES WAY 20210659 ADU R
127-102-004 34 PHYLIS DR 34 PHYLIS DR 20210716 ADU R
153-161-010 1661 MARY DR 1661 MARY DR 20210166 ADU R
150-131-028 267 BETTY LN 267 BETTYLN 20210561 ADU R
170-020-010 261 RAINBOW LN 261 RAINBOW LN 20210672 ADU R 149-172-024 295 OAKVU E LN 295 OAKVUE LN 20210975 ADU R 166-263-016 754 CUMBERLAND CT 754 CUMBERLAND CT 20211007 ADU R 166-330-005 700 CUMBERLAND CT 700 CUMBERLAND CT 20210834 ADU R 170-142-029 2988 DOROTHY DR 2988 DOROTHY DR 20210221 ADU R 127-012-011 909 SANTA LUCIA DR 909 SANTA LUCIA DR 20211219 ADU R 152-340-008 49 PILLON REAL 49 PILLON REAL 20211189 ADU R 153-223-008 1767 SHIRLEY DR 1767 SHIRLEY DR 20210940 ADU R
8.2.b
Packet Pg. 153 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 1st Column Set
- Part 4
Jurisdiction Pleasant Hill ANNUAL ELEMENT PROGRESS REPORT Re11ortina Year 2021
(Jan. 1 - Dec. 311 Housing Element Implementation
Planning Period 5th Cycle 01/31/2015
- 01/31/2023 (CCR Title 25 §6202) - ~~
127-141-028 167 CLEOPATRA DR 167 CLEOPATRA DR 20211054 ADU R 164-071-011 218 STEVEN CIR 218 STEVEN CIR 20211129 ADU R 149-062-017 105 OAKVUE RD 105 OAKVUE RD 20211277 ADU R
170-010-018 20 EL RANCHO DR 20 EL RANCHO DR 20211711 ADU R -
'
8.2.b
Packet Pg. 154 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 2nd Column Set - Part 1
Note: "+" indicates an optional field
Cells in re contain auto-calculation formulas
Units
Affordability by Household Incomes - Building Permits Affordability by Household Incomes • Certificates of Occupancy 5 6 7 8 9 10 11
I I
#of Units Very Low- Moderate- Moderate- Certificates of Low-Income Moderate- Moderate- Above Entitlement # of Units Very Low- Very Low- Income Non Deed Low-Income Low-Income Moderate- Moderate- Above Building Issued Very Low- Income Non Low-Income Low-Income Income Income Above Occupancy or other Non Deed Income Deed Income Non Moderate- 121111 6gg[~ml Issued Income Deed Restricted Deed Non Deed Income Deed Income Non Moderate- Permits Bulldlng Income Deed Deed Deed Non Deed Deed Non Deed Moderate- forms of readiness Restricted Restricted Deed Restricted Income Entitlements Restricted Restricted Restricted Restricted Deed Restricted Income 1211111 IIS!m Restricted Restricted Restricted Income (see Instructions) Permits Restricted Restricted Restricted Pnta 1uuag -:c ~J _ - _JL =..L ....b c-=
0 10 27 202 254 0 0 0 0 0 20 16 36 0 0 0 0 0 6 3
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 3/18/2021 1 0
1 5/15/2021 1 0
0 0
0 0
- .. - - -
31 9/13/2021 31 0
9/13/2021 6 0
1 8/4/2021 1 0
1 1/15/2021 1 0
1 1/15/2021 1 0
1 3/11/2021 1 0
1 3/22/2021 1 0
1 6/1/2021 1 0
8.2.b
Packet Pg. 155 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 2 nd Column Set
- Part 2
Note: "+" indicates an optional field
Cells In re contain auto-calculation formulas
.
- ~
1 6/4/2021 1 0
1 8/30/2021 1 0
1 9/9/2021 1 0
0 0
1 11/8/2021 1 0
1 10/23/2021 1 0
1 4119/2021 1 0
1 6/4/2021 1 0
1 4/2212021 1 0
1 5/6/2021 1 0
1 6/24/2021 1 0
1 7/9/2021 1 0
1 6/24/2021 1 0
1 9/15/2021 1 0
1 9/30/2021 1 0
1 1218/2021 1 0
1 11/18/2021 1 0
1 10/7/2021 1 0
1 10/13/2021 1 0
1 11/18/2021 1 0
1 12/30/2021 1 0
10 170 3/15/2021 189 0
0 1
6/17/2021 1
0 1 2/23/2021 1 1 1113/2021
0 1 2/23/2021 1 1 11
/2/2021
0 ~ 1 3/3/2021 1 1 11 /3/2021
0 1 7/9/2021 1
8.2.b
Packet Pg. 156 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 2nd Column Set
- Part 3
Note: ♦" Indicates an optional field
Cells in re contain auto-calculatlon formulas
0 1
7/912021 1
0 1 6/22/2021 1
0 1 6/22/2021 1
0 1 6/2312021 1
0 1 6/23/2021 1
0 1
6/23/2021 1
0 1 10/
13/2021 1
0 1 11
/22/2021 1
0 1
11/24/2021 1
0 1 11/24/2021 1
0 1 11/24/2021 1
0 1 1/27/2021 1 1 10/26/
2021
0 1 2/24/20
21 1
0 1 3/18
12021 1
0 1 4/
27/2021 1
0 1 5/14120
21 1
0 1 512
6/2021 1
0 1 6/1712021 1
0 1
6/1 812021 1
0 1 6/25/2021 1 1
12117/2021
'
0 1
7/1612021 1
0 1 7/21/2
021 1 1 3/1
512021
0 1
81412021 1
o 1 8/12/20
21 1
0 1 2/1 912021 1 1
7/2212021
0 1
10/18/2021 1 1
6121/2021
0 1
10/18/2021 1
8.2.b
Packet Pg. 157 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 2nd Column Set
- Part 4
Note: "+" indicates an optional field
Cells in re contain auto-<:alculation formulas
0 1
10/18/2021 1
0 ' 1
10/18/2021 1 1 11/1
8/2021
0 1 12/812021 1
0 1 12/3
1/2021 1
0 0
0 0
0 0
0 0
0 0
0 a 0 0
0 0
0 0
a 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
a 0
0 0
0 0
0 0
0 0
0 0
8.2.b
Packet Pg. 158 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 3rd Column Set - Part 1
Infill Housing with Financial ·---···" ... ., ·--· ···-··-·-· Streamlining Demolished/Destroyed Units Assistance and/or Deed Assistance or Deed Term of Affordability or Deed Restriction Density Bonus Notes 12 13 14 15 11: 17 1B 19 20 21 22 23 24 25
##of Units Was Project Asslatance Dejtd F-0r units affordable without Total Density Bonus Applied Number of Other Incentives, Ltat the Incentives, l Ae?BQV~g Programs,-for flnanclal assistance or deed concessions, Issued How many of uslngGC Infill l!aoh Restrietion restrictions, explain how Numm,rof Demolished or Demolished/De& to the Project (Pen:en• Concessions. Waivers, er walvers, and Did the project receive Certificates of the unltS were 65913.4(b)? Units? bevelopment Type the locality determined the Tenn of Affordability or Deed Restrtctlon ·be111ellshediDeBt beetroyed troyed Units Increase In Total Allowable 0th.er Modlflcatlon&·GJven to modlfleations a reduction or waiver Notes+ Occupancy or Extremely Low (S835 YIN+ (may••ct ifflayseleot unltS were affordable (years) (if affordable in perpetuity enter 11>00:t royectUnits IJnlta Owner or Renter Units or Total Maximum the Project (Excluding•Parklng flixeludlng Parking of parking standards? other fonns of Income?• Streamlining) multlple • see multiple • see (sH Instructions) Allowable Residential Gross Waivers-or Parking W11hrers or Parking (YIN) readiness YIN lnatructlone) lnstruutlons) Floor Area) Reductions) Modifications) I 9 0 0 0 0 I
0 0
0 0
0 0
0 0
0 0
0 N ADU considered Moderate
0 N ADU considered Moderate
0 0
0 N
0 N Other
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
8.2.b
Packet Pg. 159 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 3rd Column Set
- Part 2
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 0 N ADU conside
red Moderate
0 N
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Mode
rate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU conside
red Moderate
0 N ADU considered Moderate
0 N ADU co
nsidered Moderate
0 N ADU oons
idered Moderate
'
0 N ADU oonslde
red Moderate
0 N ADU considered Moderate
0 N Other
0 N
1 N
1 N
1 N
0 N
8.2.b
Packet Pg. 160 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 3rd Column Set
- Part 3
0 N
0 N
0 N
0 N
0 N
0 N
0 N
0 N
0 N
0 N
0 N
1 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU cons
idered Moderate
0 N ADU cons
idered Moderate
0 N ADU considered Moderate
1 N ADU considered Moderate
0 N ADU considered Moderate
1 N ADU considered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
1 N ADU considered Moderate
1 N ADU considered Moderate
0 N ADU cons
idered Moderate
8.2.b
Packet Pg. 161 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) 3rd Column Set
- Part 4
0 N ADU oonsidered Modera
te
1 N ADU consid
ered Moderate
0 N ADU considered Moderate
0 N ADU considered Moderate
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
8.2.b
Packet Pg. 162 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hill
Reporting (Jan. 1 -
Year 2021 Dec. 31)
Planning
Period 5th Cycle 01/31/2015 - 01/31/2023
1 RHNA
Income Level Allocation 2015
by Income
Deed - Restricted 118 Non-Deed - Very Low Restricted
Deed - Restricted 69 Non-Deed - Low Restricted
Deed - Restricted 84 Non-Deed
Restricted 2 Moderate
Above
Moderate 177 6
Total RHNA 448
Total Units 8
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table B
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
Please contact HCD if your data is different than the material supplied here _
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
2 3
Total Units
2016 2017 2018 2019 2020 2021 2022 2023 to Date (all
years)
- - - - - - - -
-
- - - - - - - -
- - - - - - - -
-
- - - - - - - -
- - - - - - - - 48
- 2 9 14 1 20 - -
6 5 39 18 15 16 - - 105
6 7 48 32 16 36 - - 153
Note: units serving extremely low-income households are included in the very low-income permitted units totals and must be reported as very low-income units.
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will include units that were permitted since the start of the planning period.
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to 4 Total
Remaining
RHNAbv
118
69 36
I
i
72 295
8.2.b
Packet Pg. 163 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hitl ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Year 2021 Dec. 31 ) Housing Element Implementation Cells in re contain auto-calculation formulas Period 5th Cycle 01/31/2015 • 01/31/2023 (CCR Title 25 §6202) Table C
Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Project Identifier Date of RHNA Shortfall by Household Income Rezone Sites Description Rezone Category Type 1 2 3 4 5 6 7 8 9 10 11
I
Street Project Local Date of Very Low- Low .. Moderate• Above Rezone Parcel General Plan Minimum Maximum ReaH&tic Vacant/Nonva Description of APN Jurisdiction Moderate- Type Size Zoning Density Density Address Name+ Tracking ID+ Rezone Income Income Income Income (Acres) Designation Allowed Allowed Capacity cant Existing Uses I
Summary Row: Start Data Entry Below I
8.2.b
Packet Pg. 164 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Housing Program 1.1.
Report annually to the City
Council and Planning
Commission regarding the
amount and type of
housing activity. As
required by State law, City
staff provides a yearly
report on the progress
made toward achieving the
City’s housing goals.
N/A Annually Annual reports are provided to the City Council and Planning Commission Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
8.2.b
Packet Pg. 165 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.2.
Work with the Regional
Transportation Planning
Committees (TRANSPAC/
TRANSPLAN) and the
other transportation subregions to limit potential
traffic congestion created
through new development.
City staff is required by the
Congestion Management
Authority to notify
TRANSPAC when new
housing development
proposals generate 100 or
more peak hour trips per
day.
N/A Ongoing
The City has worked with the Regional Transportation Planning Committees (TRANSPAC) and actively participates with the regional transportation agency (CCTA), both of which are tasked to limit traffic congestion throughout the City and larger region.
8.2.b
Packet Pg. 166 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.3.
Continue to provide
zoning categories that
allow a range of housing
densities sufficient to meet
the City’s share of
Regional Housing Needs,
as required by ABAG, and
encourage a mix of land
uses and residential
densities when compatible
with the neighborhood and
environmental impacts are
mitigated. The City will
monitor residential
development and progress
in implementing the
Housing Element annually
and report the findings to
the City Council and the
Department of Housing
and Community
Development. Current data
indicate that the City has
enough residentially zoned
land to meet housing
needs during the 2015-
2023 period. The City will
comply with the “no net
loss” provisions of
Government Code Sec.
65863 and ensure that
N/A Ongoing
Review proposed changes to zoning districts to ensure a range of densities to accommodate single and multi-family residential development. Continue to monitor and report on residential development on an annual basis to the City Council and Department of Housing and Community Development through the annual housing update.
8.2.b
Packet Pg. 167 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.4.
Continue to utilize Planned
Unit Development zoning.
PUD (Zoning Ordinance
Chapter 18.30) allows for
flexible development of
large and/or contiguous
parcels that may include
housing along with other
uses.
N/A Ongoing
The City has approved new Planned Unit Development zoning districts and various projects within the Planned Unit Development zoning designation. This includes a PUD to allow development of a single family development and other commercial and residential projects throughout the City.
8.2.b
Packet Pg. 168 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.5.
Continue to allow
residential development
on land designated for
office uses. Encourage
affordable housing in
every proposed residential
development, and for
every non-residential
proposal, consider a mix
of uses that includes
housing. City staff will
inform developers of
Pleasant Hill’s inclusionary
ordinance, objectives for
affordable housing and the
need of affordable housing
in projects of five or more
units. The City will provide
incentives such as density
bonus, modified
development standards,
and financial subsidies to
encourage and facilitate
the production of
affordable units, including
extremely-low-income
when feasible.
2 L, 28 M 2015-2023
The existing zoning ordinance allows residential uses in the PAO (office) zoning district through a use permit process. The City approved a change in land use from PAO-Office to a small lot single family residential project.
8.2.b
Packet Pg. 169 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.6.
Continue to work with the
County and neighboring
cities to increase the
opportunity to jointly
develop affordable
housing. The City worked
with the County on the
BRIDGE Grayson Creek
project (2001- 2003) and
the agreement for Mixed
Use development of the
former Oak Park
Elementary School site
(1700 Oak Park Boulevard -
1999). The City also
worked with all Contra
Costa communities on the
“Shaping our Future”
(Smart Growth) study,
completed in 2003.
Contact County and surrounding cities
on a semi-annual basis to explore
opportunities for affordable housing.
2015-2023
The City continues to work with Contra Costa County where possible. In 2016, the City and County provided grant funds to the Mercy Garden Park Apartment Community (GPAC) to fund critical capital upgrades and enable it to qualify for additional federal funding. The property has 28 units affordable to extremely low to low income households. In 2018, the City collaborated with the County to amend agreements with Satellite Affordable Housing Associates (SAHA) for the Hookston Senior Apartments, a property with 99 units affordable to very low and low income seniors. The amended agreement extended the affordability term for 22 years, from 2053 to 2075. In 2019, the City worked with the County to amend an Intercreditor Agreement for the BRIDGE Grayson Creek project to preserve an annual welfare tax exemption. Without the amendment, BRIDGE would have been unable to cover its operating expenses for this 70-unit complex affordable to very low to moderate income households. In 2021, the City approved PUD Concept Plan and Specific Plan to allow 81 senior affordable housing units.
8.2.b
Packet Pg. 170 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.7.
Extremely-low-income
(ELI) households are a
subset of very-low-income
households who earn 30
percent or less of the
median income. Many ELI
households face a severe
cost burden related to
housing (more than 50
percent of income going
toward housing costs),
and they are the income
group most likely to
experience a housing
crisis when faced with rent
increases, foreclosure, or
other adverse events. The
City shall pay 100 percent
of the application
processing fees from the
City’s affordable housing
fund for developments in
which 5 percent of units
are affordable to ELI
households. To be eligible
for this subsidy, the units
shall be restricted by
affordability covenant. The
waiving or reduction of
mitigation fees may also
be considered when an
59 new ELI units 2015-2023
The City completed an analysis of local ELI housing needs and determined that 50% of the very low income need is at the extremely low income level. The City provided a refundable loan to Rehabilitation Services of Northern California (RSNC), now Choice in Aging (CiA), in 2016 to support its predevelopment activities related to a proposed 81-unit affordable senior housing project that will include ELI units.
8.2.b
Packet Pg. 171 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 1.8. To
ensure that the provisions
of Measure B that were
adopted into the Zoning
Ordinance do not pose an
unreasonable constraint to
achieving the City’s
housing objectives, the
City will monitor
development and report in
its Annual Progress
Reports required pursuant
to Government Code
Section 65400, and if it is
determined that these
provisions are preventing
the rezoning of parcels
needed to accommodate a
portion of the City’s needs
for lower-income housing,
an amendment to those
provisions will be
initiated.
N/A Each year as part of the
annual monitoring reports
The City continues to monitor the impact of the former Measure B provisions on achieving the City’s housing objectives. The City has modiified various provisions that resulted from the former Measure B provisions, that better allowed rezoning of parcels for residential uses.
8.2.b
Packet Pg. 172 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 2.1.
Continue to use the Citywide Design Guidelines to
facilitate small-lot
development, small singlefamily units and singlefamily attached units through consideration of
decreased setbacks, zerolot lines, lot clustering
through the Planned
Development process,
and/or shared parking
provisions in appropriate
locations.
24 VL, 34 M, 40 AM 2015-2023
The city allows this type of small lot development through the Planned Unit Development process. Small developments have taken advantage of the flexible development standard allowances to cluster the development. The City also completed an update to its City-Wide Design guidelines that include guidelines for small and cluster development proposals, especially in the hillside areas, with the goal to preserve existing natural areas and provide for the maximum amount of open space.
Housing Program 2.2.
Allow manufactured
housing in residential
districts in accordance
with applicable State and
federal laws, and require
such units to meet local
standards for elements
such as siding, roofing,
and type of foundation, to
the extent allowed by State
and federal law.
6 VL 2015-2023 The City allows manufactured housing provided that it meets certain design standards related to architecture including siding, roofing, etc.
Housing Program 2.3.
Amend the Zoning
Ordinance to provide
standards for including
housing in locations that
allow mixed-use
development in
appropriate locations, and
work with developers to
facilitate housing
production.
Zoning Ordinance Amendment
Within one year of
Housing Element
Adoption, 2015
The City continues to maintain a Mixed Use land use designation in the General Plan.
8.2.b
Packet Pg. 173 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 2.4.
Continue to provide
appropriate flexible
parking requirements that
allow shared use in
locations being
considered for higherdensity housing
development.
N/A Ongoing
Shared use and reduced parking can be granted through a use permit pursuant to Section 18.55 of the Zoning Ordinance. The City has reviewed and approved various parking reductions in locations throughout the City.
Housing Program 2.5.
Planning staff shall
evaluate existing
development review
regulations and
procedures to further
streamline and give
priority to projects that
provide affordable
housing. Building and
Engineering staff shall
study ways to mitigate the
cost of construction, for
example by revising
engineering standards and
working with the local Fire
District to allow for
narrower street widths,
rolled curbs and parking
bays, and considering
allowing use of less
expensive building
materials, such as plastic
for storm drainage pipes,
provided applicable code
requirements are satisfied.
N/A Ongoing
Projects that include affordable housing are processed in an efficient manner.
The City would give priority for projects that exceed the minimum affordable housing requirement. The City works with developers to look for ways to reduce the cost of construction, including not requiring sidewalks and allowing narrower streets. The City has considered and approved alternative materials that may be more cost effective than traditional methods and materials.
8.2.b
Packet Pg. 174 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 2.6.
Continue to encourage
single-room occupancy
(SRO) housing in the
MRVL, MRL, MRM and
MRH districts consistent
with Sec. 18.20.085 of the
Zoning Ordinance. This
type of housing can help
to address the needs of
very-low- and extremelylow-income households
such as college students
and service sector
employees.
20 SRO 2015-2023
The City achieved compliance with this program by adopting an ordinance amendment that allowed and established development provisions for single-room occupancy projects.
Housing Program 3.1.
Continue to provide a
density bonus for
development of affordable
and senior housing. The
City’s Density Bonus
Ordinance, provides a
minimum 5% to 20%
increase in density with
additional density bonuses
up to a maximum increase
of 35% in density if
additional target units are
provided, and up to three
additional incentives, or
financially equivalent
incentives, if the
development provides
additional target units.
10 VL, 30 L (senior) 2015-2023 The City adopted a density bonus ordinance that complies with the State requirements (See Section 18.20.150 of the Zoning Ordinance).
8.2.b
Packet Pg. 175 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.2.
Allow developers to satisfy
affordable housing
requirements by providing
units elsewhere in the city
when inclusion of
affordable units within the
development is not
feasible.
N/A Ongoing
The City allows an in-lieu fee to be paid instead of providing the actual affordable housing units within the project. This money can be used to provide units elsewhere in the City. The money collected through the in-lieu fee has been placed in a dedicated interest bearing account (not co-mingled), and can only be used to fund affordable housing per the City Municipal Code. The December 2021 fund balance was approximately $568,000, of which $400,000 is encumbered for a pending affordable housing project pending at 250 Cleaveland Road.
8.2.b
Packet Pg. 176 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.3.
Require all housing
projects of five or more
units to include affordable
housing. Developers may
satisfy the requirements of
the City’s Affordable
Housing Ordinance by
providing at least: 5
percent of the base
density for occupancy by
very low income
households, or· 10
percent for low income
households, or · 25
percent for qualifying
senior residents, or·
20 percent second units
(in single-family projects).
In order to ensure that this
policy does not pose an
undue constraint to
housing production, the
City will continue to
evaluate impacts to market
rate housing related to
current market conditions,
project applications,
estimated affordable
housing requirements, fee
collection and actual
construction of affordable
5 units per year, 13 VL, 25 L Feasibility analysis in 2015 and 2015-2023
The City continuoulsy approves residential projects that provided affordable housing consistent with the adopted inclusionary ordinance.
8.2.b
Packet Pg. 177 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.4.
Continue to publicize the
opportunity to construct
secondary units. The
City’s secondary unit
ordinance (adopted 1989),
was amended in 2003 to
comply with State law
making the process
ministerial. Secondary
units help to address the
needs of very-low- and
extremely-low-income
households. The City will
continue to inform the
public about this process
with advertising such as
articles in the City’s
newsletter, which is mailed
to all homeowners on a bimonthly basis. A
secondary unit brochure
and other outreach
materials could be made
available to residents
and/or posted on the City’s
website.
16 Secondary Units 2015-2023
The City updated its ordinance to be consistent with recent State law, and allows accessory dwelling units in all single-family residential zoning districts. The City has provided information to its citizens through various media methods including hand-outs and newsletters. The City continues to process ADU applications throughout the City.
8.2.b
Packet Pg. 178 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.5. Seek
State and federal funds,
and encourage the use of
private financing
mechanisms, to assist in
the production of
affordable housing.
Funding mechanisms that
should continue to be
explored include the HCD
Multifamily Housing
Program, Low-Income
Housing Tax Credits
(LIHTC), federally
subsidized Section 221
(d)(4), Section 8 or Section
202 programs, Community
Development Block
Grants, tax-exempt bond
financing, federal HOME
program funds,
administrative fees
collected by the County
Housing Authority, and
favorable financing made
available through financial
institutions, to assist lowand moderate-income
households. The City shall
apply for State and Federal
monies for direct support
of low-income housing
$100,000 per year, 10 L and 10 M per
year
Apply for available funding
annually
As noted previously, the City provided funding to two affordable housing projects in 2016 (GPAC and CiA) and 2017 (GPAC). The City funds to GPAC will leverage federal Rental Assistance Demonstration and Project-Based Voucher funds. The City funds to CiA are supporting predevelopment of a project that is envisioned to eventually be substantially supported by low-income housing tax credits. In 2018, the City amended an agreement with SAHA to extend the term of an existing loan.
The amendment was made in conjunction with new financing SAHA obtained from CalHFA and LIHTC to rehabilitate the Hookston Senior Apartments. The City recently obtained a SB2 HCD Grant to support the SAHA senior affordable housing project. In addition, the City recently made a submittal to HCD for TOD funds in support of the SAHA senior affordable housing project
8.2.b
Packet Pg. 179 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.6. Use
Successor Agency funds
to fund housing programs
throughout the city.
Included in the estimated
expenditures for each year
is an annual amount
($235,000) for debt
previously incurred for
development of the
Grayson Creek Apartments
affordable housing project.
This amount will recur
annually until the debt is
paid in full (2031).
$285,000 per year; $2.28 million total
during the 8-year planning period 2015-2023
The Pleasant Hill Redevelopment Successor Agency spends $235,000 per year funding Grayson Creek Apartments which are 100% affordable. The City has committed $2.5 million in Housing Successor funds to SAHA to assist with an 82- unit affordable housing development and $285,000 to Habitat for Humanity to develop 4 affordable units. The City has also entered into agreements to sell two former redevelopment agency properties to Habitat to Humanity to develop affordable housing units.
Housing Program 3.7.
Invite non-profit housing
developers to work with
the City in promoting and
encouraging affordable
housing. The City has
worked with non-profit
housing developers on
past projects and will
continue cooperative
efforts in the future with
these or other interested
nonprofit developers.
N/A Ongoing
The City is currently working with SAHA on development of a new 82-unit project.
The City also listed former Redevelopment Agency properties for sale in 2018, inviting proposals from developers to develop affordable housing on two sites.
The City has agreed to sell two of these properties at 250 Cleaveland and 85 Woodsworth to Habitat for Humanity and provide forgivable loans to develop 11 new affordable housing units at these locations.
8.2.b
Packet Pg. 180 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.8.
Provide developers with
the opportunity to utilize
tax-exempt revenue
bonds. Table H11 lists
three senior developments
where the City provided
tax exempt financing:
Ellinwood and Chateau I
and III. The City will
continue to offer support
to developers through tax
exempt financing where
affordable housing will be
produced.
50 L 2015-2023 During this reporting period, the City did not use/issue any tax-exempt revenue bonds.
Housing Program 3.9. Use
monies in the Housing
Trust Fund to assist in the
development of affordable
housing. Revenue for the
trust fund comes from “inlieu” fees provided from
the inclusionary unit
ordinance. The potential
uses of these funds
include: land acquisition
for below market rate
housing, buy-downs on
mortgages for purchasers
of below market rate units,
capital improvements to
below market rate
housing, etc.
Annual outreach to developers and
other nonprofit housing agencies. Ongoing
The City collects inclusionary housing in lieu fees in an affordable housing fund, which it considers a Housing Trust Fund. In October 2019, the City committed $400,000 in Housing Trust Fund monies to Habitat for Humanity to develop 6 to 7 affordable units at 250 Cleaveland Road.
8.2.b
Packet Pg. 181 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.10.
Continue to participate in
the Contra Costa County
Mortgage Credit Certificate
Program for first-time
homebuyers.
10 M 2015-2023 The City provides information about the County’s Mortgage Credit Certificate Program on the City website
Housing Program 3.11.
Continue to investigate
concepts and funding
sources for a
homeownership
assistance program. The
City will continue to
explore the possibility of
providing assistance to
people who cannot afford
to buy a home with priority
given to those who work in
the city, but cannot afford
the cost of housing, for
example, teachers, police
officers and those who
work in City government.
Other potential target
groups are first-time
homebuyers of lower- and
moderate-income levels,
and large families.
N/A Investigate and apply for
available funding annually No action was taken during this reporting period.
8.2.b
Packet Pg. 182 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.12.
Maintain appropriate
standards for use by the
Architectural Review
Commission in the
processing of affordable
housing developments.
The Architectural Review
Commission reviews all
new residential proposals.
It typically reviews
development plans for
landscaping, design of
buildings, and provisions
for accessibility for the
disabled.
N/A Ongoing
Design Guidelines have been adopted and were recently updated and the City started the process to have residential objective design standards that would apply to all residential projects throughout the City.
Housing Program 3.13.
Continue to provide fasttrack permit processing
for affordable housing
developments.
N/A Ongoing Policies have been established to expedite affordable housing projects through the City’s various processes.
8.2.b
Packet Pg. 183 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 3.14.
Lot Consolidation for
Affordable Housing. The
City will play an active role
in facilitating lot
consolidation for the
parcels listed in Table H22,
particularly for parcels on
Site 1(Jewell Lane) and
Site 4 (Cleaveland and
Beatrice). For example, the
City will work with nonprofit developers and
owners of smaller sites to
identify and consolidate
parcels to facilitate the
development of housing
affordable to lower-income
households. The lot
consolidation procedure
will also be posted on the
City website and
discussed with developers
during the preliminary
review process. Lot
consolidation requests will
be processed as
expeditiously as possible
in compliance with all
applicable state and local
laws and regulations.
Incentives offered for lot
N/A Ongoing
To comply with this program, the City adopted a voluntary parcel merger ordinance. The City encourages lot consolidation on smaller and under-utilized lots where appropriate. The City has a density bonus ordinance in place to provide incentives for development of affordable housing. The City also currently has a mechanism for providing flexible development standards through its Planned Unit Development regulations and through various adopted Specific Plans.
8.2.b
Packet Pg. 184 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 4.1.
Continue to provide a
density bonus for senior
housing. Incentives must
be created to encourage
developers to build senior
housing. The current
density bonus ordinance
provides a density bonus
of up to 20 percent if any
development includes at
least 35 units.
N/A Ongoing
The City’s adopted density bonus ordinance notes that a density bonus is granted for any senior housing project. The City also updated the Density Bonus ordinance consistent with recent Federal and State law changes.
8.2.b
Packet Pg. 185 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 4.2.
Facilitate projects that
provide units meeting
federal, State and local
requirements. Population
groups in the City with
special needs include the
physically handicapped.
Currently, the City
enforces State-mandated
requirements for rental
housing units (Title 24).
The City will continue to
encourage ownership
housing that can be
equipped with
handicapped facilities. The
City has adopted a
Reasonable
Accommodation
Ordinance and will provide
fast-track processing and
other incentives to
facilitate the production of
housing targeted to
persons with disabilities.
N/A Ongoing
The City has approved and continues to facilitate projects that meet federal, state and local requirements specifically related to reasonable accommodation requests to allow for housing for persons with disabilities.
8.2.b
Packet Pg. 186 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 4.3.
Encourage supportive
housing for persons with
developmental disabilities.
The City will work with
nonprofit developers of
supportive housing for the
developmentally disabled
to identify and develop
adequate sites. The City
will apply to the County for
CDBG monies and assist
with tax exempt financing
for land and/or building
purchase and/or lease.
6 VL, 6 L
Consult with nonprofits
and apply for funding
annually
The zoning ordinance allows facilities for the mentally disabled. The city approved a PUD Concept/Specific Plan for a redeveloped CIA facility that provides assistance for those with disabilities.
8.2.b
Packet Pg. 187 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 4.4.
Continue to facilitate the
provision of emergency
shelters, transitional and
supportive housing. SB 2
of 2007 requires all
jurisdictions with an
unmet need to identify at
least one zone where
emergency shelters may
be established by-right,
subject to specific
development standards.
The Zoning Ordinance
allows emergency shelters
by-right in the Light
Industrial zone. In 2013 the
City’s zoning regulations
for transitional and
supportive housing were
amended pursuant to SB
2. The City will continue to
monitor changes in state
law regarding emergency
shelters, transitional and
supportive housing and
amend the Municipal Code
in 2015 to ensure that City
regulations are consistent
with current requirements.
Zoning Ordinance Amendment Code amendment in 2015
& Ongoing
The City adopted an ordinance amendment for emergency homeless shelters in compliance with this program of the Housing Element and in compliance with Section 65583 of the Government Code (SB 2).
8.2.b
Packet Pg. 188 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 4.5.
Monitor statistics from
police, county agencies or
private organizations
regarding homeless
shelter needs. A Point-inTime survey of the
homeless in Contra Costa
County conducted in
January 2017 found 25
unsheltered homeless
persons in Pleasant Hill.
The City will continue to
coordinate with the County
and other agencies to
address homeless needs
on a regional basis.
N/A Ongoing The results of the point in time survey from 2020, showed results that there were 90 unsheltered homeless in the City at the time of the count.
Housing Program 5.1.
Retain existing residential
zoning and discourage
non-residential uses in
residential zones.
N/A Ongoing
The City has not approved any rezoning of property from residential to nonresidential. Most non-residential uses are not allowed in residential zonings districts. Those allowed are residential serving and requires substantial analysis (through a conditional use permit) before the use is granted.
Housing Program 5.2.
Continue the
Neighborhood
Preservation program to
provide low interest loans
for rehabilitation of homes
owned or occupied by low
to moderate income
households.
2 units per year, 5 L, 10 M 2015-2023 The City is no longer enlisting new participants in the Low Income Home Rehabilitation Loan Program.
Housing Program 5.3.
Establish and maintain an
Emergency Repair Grant
Program
5 units per year 2015-2023 The City is no longer enlisting new participants in the Emergency Repair Grant Program.
8.2.b
Packet Pg. 189 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 5.4.
Periodically evaluate the
need for residential
rehabilitation. The City
maintains information
about the neighborhood
surveys it has conducted
to determine housing
condition and the need for
rehabilitation. The City will
continue to monitor
housing conditions as part
of code enforcement and
building inspection
activities. When housing
units in need of repair are
identified, staff will advise
property owners of
rehabilitation assistance
that may be available.
N/A Ongoing City Staff has not surveyed older neighborhoods during this reporting period.
Housing Program 5.5.
Monitor the city’s
residential districts for
housing suitable for
rehabilitation or code
enforcement.
N/A Ongoing City staff works in conjunction with code enforcement when necessary to assist homeowners comply with housing code violations.
Housing Program 5.6.
Preserve neighborhood
appearance through the
enforcement of City
ordinances.
N/A Ongoing
The City Code Enforcement Officer regularly enforces the City Community Beautification Ordinance to ensure that the City maintains an attractive appearance.
8.2.b
Packet Pg. 190 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 5.7.
Review the Capital
Improvement Program
(CIP) to determine
priorities to maintain the
community’s older
residential neighborhoods.
This review will verify that
those areas needing
improvement are
scheduled for funding to
address the identified
need at a specific time in
the future.
N/A Bi-annually, 2015-2023
On a bi-annual basis, the City completes a Capital Improvement Program that includes infrastructure improvement projects in all areas of the City. Because older portions of the City have older infrastructure, they are normally targeted for areas of improvement, including roads, sidewalks, etc.
Housing Program 6.1.
Prohibit the conversion of
assisted housing units to
market rate for as long as
possible and no less than
55 years after initial
occupancy.
N/A Ongoing No conversions of assisted housing units to market rate during this reporting period.
Housing Program 6.2.
Identify assisted dwelling
units at risk of conversion
to market rate and work
with property owners to
preserve the units for lowincome families.
56 units 2015-2023
The City maintains a list of affordable units and periodically rechecks it. A new affordability covenant was executed for the Ellinwood Apartments, replacing a prior covenant that had expired in 2015. The new covenant requires 19 low income rental units for 55 years. A prior condition requiring the property to be restricted to seniors was lifted in order to expand affordable housing opportunities for households of all ages.
8.2.b
Packet Pg. 191 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 6.3.
Ensure that occupants of
below market rate
ownership units meet
specified income
requirements at time of
purchase. This program
will augment the City’s
requirement to preserve
affordable units for 55
years by ensuring that
only qualified occupants
are the beneficiaries of
below market-rate
ownership units.
N/A Ongoing
The City qualifies all purchasers of affordable units and conducts annual monitoring to ensure properties with affordability covenants are occupied by qualified households.
Housing Program 6.4.
Require resale and rental
controls on below market
rate units provided
through the inclusionary
housing provisions or
through public assistance.
The City’s inclusionary
ordinance is a requirement
that has been imposed on
all residential development
since 1996.
N/A Ongoing
The City has resale and rental controls on all assisted units. The City also updated duration for rental units to 55 years, consistent with ownership unit provisions.
8.2.b
Packet Pg. 192 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 6.5.
Explore a variety of tools
for preserving assisted
units, including monitoring
at-risk units, participating
in acquisition of belowmarket rental units by
tenants or non-profits,
facilitating refinancing or
purchase of developments
from owners who file a
notice indicating that they
intend to opt out of a
subsidy agreement, and
providing technical and
relocation assistance to
tenants.
56 L 2015-2023
As mentioned previously, the Ellinwood Apartments had an affordability covenant that expired in 2015. A new covenant was executed in 2018 making 19 units affordable to low income households for 55 years. The City also recently agreed to become a member of a joint powers authority to ensure workforce housing (low and moderate income) for an existing 484 unit market rate project that would preserve low and moderate income level units for a period of at least 35 years. City staff continues to explore ways for preserving assisted units.
Housing Program 6.6.
Enforce existing
condominium conversion
ordinance. Prohibit further
conversions unless the
threshold percentage of
apartments is below 20
percent and if the
apartment vacancy rate is
below 5 percent.
N/A Ongoing No condominium conversion requests were received during the most recent planning period.
Housing Program 6.7.
Regularly evaluate the
proportion of rental
apartments in the city to
ensure appropriate
implementation of the
condominium conversion
ordinance.
N/A Ongoing Rental units account for approximately 31% of the City’s dwelling units.
8.2.b
Packet Pg. 193 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 6.8.
Require all assisted
housing units to submit
reports on a timely basis
demonstrating compliance
with the recorded
affordability agreements.
N/A Ongoing All assisted affordable housing complexes and single-family units submit annual reports demonstrating compliance.
Housing Program 7.1.
Continue to refer all
reports of housing
discrimination to the local
fair housing-related nonprofit that is funded by the
County CDBG program.
N/A Ongoing The City falls under the County’s CDBG “umbrella”. As such, residents with discrimination complaints are referred to those housing counseling services.
Housing Program 7.2.
Continue to follow the City
guidelines for
implementing the
reasonable
accommodation ordinance
and periodically review the
Zoning Ordinance to
identify other provisions,
including the definition of
“family” that could pose
constraints on the
development of housing
for persons with
disabilities and reduce or
eliminate constraints
through appropriate
ordinance amendments.
N/A Code amendment in 2015
& Ongoing
The guidelines for reasonable accommodation requests are in use when the City received reasonable accommodation requests.
8.2.b
Packet Pg. 194 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 7.3.
Promptly address
complaints of
discrimination in the sale,
rent, and development of
housing in Pleasant Hill.
The City’s procedure is to
refer these types of
complaints to the County
funded non-profit fairhousing agency, such as
SHELTER Inc., or Pacific
Community Services. The
City will distribute
literature annually in City
offices and on the City
website.
N/A Ongoing All complaints of housing discrimination are promptly addressed.
8.2.b
Packet Pg. 195 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 7.4.
Encourage developers to
provide amenities for
single heads of
households, the disabled,
and senior citizens. For
example, an amenity that
would encourage housing
opportunities for single
heads of households
would be the provision of
childcare centers. An
amenity in a new
residential community for
the disabled might be
walkways to accommodate
wheelchair access. And a
housing development
could promote social
interaction among
residents of all ages with
the addition of a
clubhouse or other
recreational facility.
N/A Ongoing Encourage and recommend multi-family projects to provide recreational facilities, when senior centers are proposed, appropriate amenities are encouraged.
Housing Program 8.1.
Enforce the State’s Energy
Conservation Standards
for new residential
construction and additions
to existing structures.
N/A Ongoing
Projects are required to comply with Title 24 standards, which include the State of California “Green Building Requirements” through the building permit process.
The City recently adopted the latest State Building Code provisions that include the latest energy conservation standards.
Housing Program 8.2.
Encourage innovative
designs to maximize
passive energy efficiency.
N/A Ongoing
The City-Wide design guidelines include recommendations to incorporate design that encourage energy efficiency and other green methods that result in energy and cost savings.
8.2.b
Packet Pg. 196 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Housing Program 8.3.
Provide information to the
public, and support efforts
by public utilities, to
encourage home
conservation practices.
N/A Ongoing The City has worked cooperatively with utilities (PG&E, CCWD, EBMUD) to promote energy conservation and provide education to the public.
Housing Program 8.4.
Encourage use of
sustainable and innovative
building practices and
materials. Provide public
information concerning
accepted and available
sustainable building
practices in partnership
with groups promoting
those practices. Amend
the City’s Building Code
as needed to be consistent
with further revisions to
the State of California
Green Building Standards
Code.
N/A Ongoing
The City continues to encourage incorporating sustainable and innovative building practices and materials through the design review process. In addition, the City Building Code requires compliance with the State of California Green Building Standards Code. The City adopted provisions that requires incorporating electric vehicle chargers for certain development projects.
Housing Program 9.1.
Provide enhanced public
notification for
Neighborhood, Area-Wide
and City-Wide Projects.
Continue to implement
enhanced public
notification for projects
based on the impact of the
project; either on a
neighborhood, area-wide
or City-wide level.
N/A Ongoing The City provides enhanced noticing for neighborhood, area-wide and city-wide projects.
8.2.b
Packet Pg. 197 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Annual Progress Report January 2020
Jurisdiction Pleasant Hill ANNUAL ELEMENT PROGRESS REPORT Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 5th Cycle 01/31/2015 - 01/31/2023 Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
34 APN Street Address Project Name
+ Local Jurisdiction
Tracking ID
+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier 1
2 Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
8.2.b
Packet Pg. 198 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Annual Progress Report January 2020
Jurisdiction Pleasant Hill ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Period 2021 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 5th Cycle 01/31/2015 - 01/31/2023 (CCR Title 25 §6202) Extremely LowIncome+ Very Low-Income+ Low-Income+ TOTAL UNITS+Extremely LowIncome+Very LowIncome+ Low-Income+ TOTAL UNITS+ Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.
Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD to receive the password that will enable you to populate these fields. The description should adequately document how each unit complies with subsection (c) of Government Code
Section 65583.1+
Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c)
8.2.b
Packet Pg. 199 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Pleasant
Jurisdiction Hill
Reporting
Period 2021
Planning
Period 5th Cycle
(Jan. 1 - Dec. 31 )
01/31/2015 - 01/31/2023
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year . .
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table G
Note: "+" indicates
an optional field
Cells in grey
contain· autoLocally Owned Lands Included In the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
1 2 3 4
Realistic
Capacity
Street Identified Entity to whom Intended Use for AP-N Address Project Name+ Local Jurisdiction Tracking ID+ in the the site Site Housing transferred
Element
Summary Row: Start Data Entry Below
I
I
8.2.b
Packet Pg. 200 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hill
Note: "+" indicates
an optional field
Reporting Period 2021
(Jan. 1 - Dec.
31)
Cells in grey
contain autocalculation formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
Summary Row: Start Data Entry Below
Parcel Identifier
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202)
Table H
Locally Owned Surplus Sites
8.2.b
Packet Pg. 201 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
Planning Period 5th Cycle 01/31/2015 - 01/31/2023
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 20
16 36
Units by Structure Type Entitled Permitted Completed
SFA 1 16 3
SFD 31 0 0
2 to 4 0 0 0
5 + 0 0 0
ADU 32 20 6
MH 0 0 0
Total 64 36 9
32 73
65 0
0 0
0 0
Income Rental Ownership Total
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Cells in grey contain auto-calculation formulas
Units Constructed - SB 35 Streamlining Permits
Number of Streamlining Applications Approved
Total Developments Approved with Streamlining
Total Units Constructed with Streamlining
Total Housing Applications Submitted:
Number of Proposed Units in All Applications Received:
Total Housing Units Approved:
Total Housing Units Disapproved:
Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of Applications for Streamlining
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
8.2.b
Packet Pg. 202 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Jurisdiction Pleasant Hill
Reporting Year 2021 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.
Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 9
Non-Deed Restricted 0
Deed Restricted 6
Non-Deed Restricted 0
Deed Restricted 10
Non-Deed Restricted 27
202
254
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 20
16 36
Current Year
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 0
Deed Restricted 0
Non-Deed Restricted 6
3 9
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
$ -
Task Status
8.2.b
Packet Pg. 203 Attachment: Exhibit 1 - Annual Progress Report (General Plan Annual Report) Attachment B
Status of General Plan Activities
The following are highlights of significant recent General Plan implementation actions by the City:
1. Downtown commercial projects reviewed and approved, including a new restaurant (Crescent Bistro), and provided feedback for future improvements to Downtown Pleasant Hill East Plaza area. (Community Development [CD] Goal 3, CD Policy 3A, Economic Strategy [ES] Goal 1, 2 & 3, ES Policy 2C, 3C, 3D &4A).
2. Various retail commercial development projects were reviewed and approved, including:
a new Starbucks restaurant with Drive-Thru, an Animal Day Care (with associated animal uses) facility, a private studio for golf lessons, and an automobile sales business. (CD Goal 3, ES Goal 1, 2, 3 & 4).
3. Various retail commercial improvements, including Harbor Freight, a Chevron Gas Station, and Wisegirl Restaurant (CD Goal 3, ES Goal 1, 2, 3 & 4)
4. Various commercial service projects were approved, including a fitness facility (CD Goal 3, 4 & 19, ES Goal 2).
5. A community care facility that relocated the same facility from one location in the City to a new location (CD Goal 4, 15
6. The City approved new office-related uses at 555 Contra Costa Boulevard. (CD Policy 2A & Goal 3, ES Goal 1, 2).
7. The City approved various improvements to existing multi-family residential sites (CD Goal 1, Housing Element [HE] Goal 5)
8. The City approved various improvements to single-family sites throughout the City (CD Goal 1).
9. The City approved various new child day care facilities throughout the City of Pleasant Hill (CD Goal 2).
10. The City approved various wireless telecommunication projects throughout the City, which will improve wireless phone coverage (ES Goal 3).
11. The City approved various residential projects including the project at 85 Cleaveland Road, which includes 189 residential units; a small-lot single- family residential project at 401 Taylor Boulevard that included 31 units; various minor subdivisions, multiple singlefamily homes and accessory dwelling units throughout the City (CD Goal 2 & CD Goal 3, HE Program 1.5, HE Program 2.1 & 3.3).
12. The City continued the overall update of the City’s General Plan and started the Housing Element component of the General Plan.
13. The City approved miscellaneous zoning ordinance amendments that modified existing parking, definitions, nonconforming provisions, additional site development regulations, resident and non-residential zoning district provisions, and accessory dwelling units (CD Goal 1 & 2).
8.2.c
Packet Pg. 204 Attachment: Attachment B - Status of General Plan Activities (General Plan Annual Report)
14. The City adopted an emergency ordinance related to recently passed State legislation, specifically Senate Bill 9 (urban lot splits and two-unit projects).
15. The City started the process to adopt Residential Objective Design Standards that would apply Citywide (CD Goal 1).
16. An annual $235,000 payment from the Redevelopment Agency’s Successor Agency to Grayson Creek Apartments (100% affordable), was made in 2021. These payments will continue until 2031 (totaling $7,820,000) and are included in the Successor Agency’s Recognized Obligation Payment Schedule (HE Program 3.6).
17. The City completed Code Enforcement activity (closed over 183 cases and fielded over 2,600 requests) throughout the City in part to keep up the physical appearance of the City and to ensure neighborhood nuisances are minimized (CD Goal 1).
18. The City implemented two new Covid-19 Resource Recovery Grants for Small Businesses impacted by the Covid-19 Pandemic. A Marketing and Advertising Reimbursement Grant to assist with eligible marketing and advertising activities, and an Outdoor Furniture Grant to help businesses either expand operations outdoors or continue business operations outdoors. (ES Goal 1, 2, & 3).
19. The City supported small businesses by allocating $500,000 for additional business grants and other programs that will benefit the City’s local merchants. This Small Business Economic Stimulus initiative is being funded by American Rescue Plan Act funds. The initiative is now in the planning stages and will include a City-sponsored Shop Card Program that will benefit merchants by creating “shop local” opportunities with an added “bonus” for the Shop Card purchasers. The Shop Cards will be redeemable at participating Pleasant Hill retail stores, restaurants, and personal care service business. Also part of the initiative will be a Website Technical Assistance Grant program, which will provide grants of up to $5,000 to Pleasant Hill retail store, restaurant, and personal care service business owners. The grants will provide pro bono technical support from private consultants to help with adding online ordering functionality, Social Media strategies, and Business Profile Video production. (ES Goal 1, 2, & 3).
20. Continued various cross-marketing and promotional programs with the Downtown property owner to increase awareness of Downtown and downtown businesses. For example, the City helped promote the Downtown Holiday Tree Lighting Event in December. (ES Goal 1 & 2).
21. The City continues to collaborate with the Chamber of Commerce, Small Business Development Center, Contra Costa County Workforce Development to provide relevant and timely information during the Covid-19 Pandemic to keep business informed of different levels of Shelter-In-Place orders as they were implemented by Contra Costa County. (ES Goal 1, 2 & 4).
22. The City has sponsored virtual events with the Chamber of Commerce and the Pleasant Hill Recreation and Park District that included the Holiday Drive-Thru event held at the
8.2.c
Packet Pg. 205 Attachment: Attachment B - Status of General Plan Activities (General Plan Annual Report) Community Center and the Hometown Heroes event held virtually by the Pleasant Hill Chamber of Commerce. (CD Goal 16, ES Goal 1).
23. The City continues to install Contra Costa Boulevard commercial corridor banners to promote dining, shopping and special event opportunities in the City (ES Goal 1 & 3).
24. The City completed the extension of the Pleasant Hill Tourism Improvement District (“Stay Pleasant Hill”) for five additional years. By renewing Stay Pleasant Hill, the City is now guaranteed a revenue stream for the marketing and promotion of the City’s hotels and attractions until 2027. Approximately $700,000 will be generated annually for this purpose from a small assessment paid by Pleasant Hill hotel guests. Stay Pleasant Hill will continue to work on implementation and marketing campaigns to increase visibility of Pleasant Hill hotels and encourage more overnight hotel stays. In addition to increasing hotel usage, Stay Pleasant Hill also gives a boost to all of the City’s businesses by bringing additional visitors into the City to shop and eat at all of our local businesses, and by providing free marketing for many of our establishments. (ES Goal 1, 2, 4 & 5).
More detailed information on Housing Element Programs and related implementation actions is noted in Exhibit 1 of Attachment A. The City continues to actively pursue implementation of the goals, policies, and programs of its 2003 General Plan.
In addition to the examples mentioned above, the following are examples of recent General Plan implementation actions included in the City’s Capital Improvement Plan:
1. Pleasant Hill Road Improvement Project, Phase 1 (Gregory Lane To Taylor Boulevard), Project No. 03-19
The Pleasant Hill Road Improvement Project, Phase 1 (Gregory Lane to Taylor Boulevard), was completed in early January 2021 and provided for “Complete Streets” enhancements that improved access and safety for all users (pedestrians, transit riders, bicyclists and motorists) throughout the project corridor, as well as to improve street aesthetics. The project was divided into two phases.
Phase 1: Project highlights include: upgrade to the traffic signal controller (completed in 2021), installation of video detection cameras, and modification to signal timing at the Gregory/Grayson intersection; installation of video detection cameras and pedestrian crossing improvements at the Westover/Strand intersection; replacement of mast arm pole and installation of video detection cameras at the Taylor Blvd intersection; replacement and upgraded existing street lights with two new single-arm luminaires, and 15 new dualarm (LED) luminaires; the reconstruction and upgrade of ADA curb ramps, sidewalks, driveways, and concrete median curbs; installation of new landscape and hardscape including 46 new trees; and implementation of traffic calming measures, including four sidewalk bulb-outs, reduced lane widths, and decrease speed limit from 40 mph to 35 mph.
Phase 2: Provided for the reconstruction of the pavement section and new thermoplastic striping consistent with the City’s draft Master Pedestrian and Bike Plan, all completed in the summer of 2020. (Circulation [C] Goal 1, 2, 6, 7, 8, 9).
8.2.c
Packet Pg. 206 Attachment: Attachment B - Status of General Plan Activities (General Plan Annual Report)
2. Oak Park and Monticello Improvement Project
The Oak Park and Monticello Improvement Project, Project No. 02-20, is currently underway and substantially complete as of June 2021. The overhead utilities lines and PG&E poles are expected to be removed by March 2022. The project provides for public roadway and utility infrastructure improvements to service the projects under the Oak Park Properties Specific Plan (new City Library building, Recreation and Park District athletic fields, and housing development at 1750 Oak Park Boulevard), and the existing nearby Pleasant Hill Middle School.
Key project elements include: widening Oak Park Boulevard to accommodate new right and left-turn pockets onto Monticello Avenue; replacement of the traffic signal at the Oak Park Boulevard/Monticello Avenue intersection; installation of a Rectangular Rapid Flashing Beacon (RRFB) for a pedestrian crosswalk on Monticello Avenue; reconstruction of Monticello Avenue; installation of new concrete sidewalks, driveways, and ADA-compliant curb ramps; undergrounding of dry utilities (electric, gas, communications); extending recycled water and domestic water systems; installation of a new complex storm drain and detention system; installation of ornamental LED street lighting; rehabilitation of pavement; installation of traffic signage and striping and new bicycle lanes and new irrigation and landscaping. (C Goal 1, 2, 6, 7, 8, 9).
3. 2019 Citywide Bridge Repair Project No. 07-19, Federal Project No. Bpmp-5375 (033) The 2019 Citywide Bridge Repair Project was completed in March 2020 and is part of the City’s CIP Bridge Maintenance Program. Engineering staff successfully sercured federal Highway Bridge Program (HBP) grant funds (88.53% reimbursement rate) for the construction of this project. Remaining project matching costs are funded using local funds (Gas Tax). Caltrans provides the City throughout the year with the bridge reports that identify needed bridge repairs. This method provides the City with an efficient means of using existing resources to maintain public bridges without sacrificing safety.
The five bridges identified by Caltrans as requiring maintenance were Cottonwood Drive at Grayson Creek; Elinora Drive at Grayson Creek; Monument Boulevard at Walnut Creek Flood Control Channel (shared responsibility with the City of Concord); Norse Drive at Contra Costa Canal; and Viking Drive at Grayson Creek. The Caltrans inspection reports noted cracks and spalls on the concrete deck of each bridge and recommended maintenance repairs. Amethacrylate sealant was applied to protect the City’s infrastructure and maintain the useful life of our bridges. (C Goal 1), Safety and Noise [SN] Policy Goal 1).
4. Gregory Lane/Elinora Drive Traffic Signal Installation Project The Gregory Lane/Elinora Drive Traffic Signal Installation Project was completed in December 2020. Key project elements include: installation of a new traffic signal at the Gregory Lane/Elinora Drive intersection; addition of a dedicated left-turn lane along the eastbound Gregory Lane approach onto Elinora Drive; installation of new Americans with Disability Act (ADA) compliant curb ramps, striping a new crosswalk at the intersection; installation of a new concrete curb “bump-out” on the south side of the intersection, and new safety lighting at the intersection. (C Goal 1, 2, 6, 7, 8, 9).
8.2.c
Packet Pg. 207 Attachment: Attachment B - Status of General Plan Activities (General Plan Annual Report)
5. New Pleasant Hill Library Project
The New Pleasant Hill Library Project is currently underway and will provide a new stateof-the art home for the first new facility in over a half century. With the passage of Measure K in November 2016, the City secured the necessary funding source for various improvements to be made over the next 20 years, along with the construction of the new library building. In September 2017, City Council selected the firm of Bohlin Cywinski Jackson (BCJ) to oversee architectural and design services for the new Pleasant Hill Community Library. BCJ is a national, award-winning firm with offices in San Francisco. Once the design was substantially completed, the project went out to bid and in August of 2020, the City awarded the construction contract to BHM Construction, Inc. The project management is provided by Swinerton Management and Consulting. The $24 million building at 1700 Oak Park Boulevard will be substantially complete by late winter 2022, with a grand opening in Spring/Summer 2022. (CD Goal 4)
6. Annual Creek Maintenance Program
The Annual Creek Maintenance Program is coordinated by the City’s Maintenance Division prior to the Winter Season each year. Through the program, the City notifies over 400 residents to clear debris and vegetation from the creek in or along their property. This will reduce the risk of flooding in these areas during the winter rains (SN Goal 1).
8.2.c
Packet Pg. 208 Attachment: Attachment B - Status of General Plan Activities (General Plan Annual Report)
8.2.d
Packet Pg. 209 Attachment: Attachment C - Planning Commission Resolution No. 04-22 (General Plan Annual Report)
CITY COUNCIL STAFF REPORT
Meeting Date: March 07, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING THE PLEASANT HILL
ROAD SIDEWALK INSTALLATION PROJECT (PLEASANT VIEW
DRIVE TO CUMBERLAND DRIVE), PROJECT NO. 02-21, AS
COMPLETE AND AUTHORIZING THE CITY ENGINEER TO ISSUE
AND RECORD A NOTICE OF COMPLETION
SYNOPSIS
The Pleasant Hill Road Sidewalk Installation Project No. 02-21 (Project) provided new sidewalks on the west side of Pleasant Hill Road between Pleasant View Drive and Cumberland Drive. The contractor, J.J.R. Construction, Inc. (Contractor), has completed all work to the City’s satisfaction. The purpose of this item is to consider the acceptance of the Project as complete and to authorize the issuance of a Notice of Completion.
DISCUSSION
Background
On October 4, 2021, City Council adopted Resolution No. 66-21, which awarded the construction contract to the low bidder, J.J.R. Construction, Inc., for $336,000.00 (including contingency).
The approved FY 2020-2025 Capital Improvement Plan (CIP) allocated funds for this Project (Project MK-3A) in order to eliminate the last remaining sidewalk gap along Pleasant Hill Road between Oak Park Boulevard and Gregory Lane, ultimately allowing students in the area to walk safely to/from Pleasant Hill Elementary School.
Analysis
The project is now complete and the work conforms to the construction plans and specifications.
Construction began on November 29, 2021. Work was suspended between December 16, 2021, and January 2, 2022, during the holidays. The Contractor substantially completed the project on January 15, 2022, which was within the allotted contract time, accounting for unforeseen delays. The Contractor completed the remaining punch list items and change order work on February 17, 2022.
Project highlights include:
8.3 Packet Pg. 210
Installed 675 feet of new, 4’-6” wide concrete sidewalk adjacent to six residential properties;
Installed five ADA-compliant curb ramps;
Replaced 586 feet of concrete curb and gutter
Installed 90 feet of concrete curb and gutter;
Installed concrete and asphalt concrete tie-ins to five residential driveways; and Replaced traffic signs and striping including three pedestrian crosswalks.
The total cost of construction, including change orders, is $310,352.29, which is $25,647.71 below the approved contract amount of $336,000.00. Change order work totaled $25,682.95 and included items that were outside the original scope of work, as follows:
Tree removal and replacement;
Extension of drains beneath sidewalk;
Modifications of drainage inlets; and
Additional concrete and asphalt concrete work at driveway tie-ins.
The City is retaining up to 5 percent of the total construction cost ($15,517.61) from J.J.R.
Construction, Inc. to ensure that the Contractor pays all of its subcontractors and suppliers. The procedure for releasing these monies is the City Council’s formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor. The completed work is subject to a one-year maintenance period to address any problems that occur within that time.
FISCAL IMPACT
The total Project cost of $310,352.29 is funded with $210,352.29 from Measure K and $100,000 from a TDA Grant. Completion of the Project is within approved budgeted amount.
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
Adopt the proposed resolution.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may decline to accept the work, as completed, and provide further direction to
8.3 Packet Pg. 211
staff.
ATTACHMENT(S):
Proposed Resolution
Prepared by: Deirdre Castillo, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, Acting City Engineer Approved by: June Catalano, City Manager
8.3 Packet Pg. 212
RESOLUTION NO. -22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ACCEPTING THE PLEASANT HILL ROAD SIDEWALK INSTALLATION PROJECT (PLEASANT VIEW DRIVE TO CUMBERLAND DRIVE), PROJECT NO. 02-21, AS
COMPLETE AND AUTHORIZING THE CITY ENGINEER TO ISSUE AND RECORD A
NOTICE OF COMPLETION
WHEREAS, the Pleasant Hill Road Sidewalk Installation Project (Pleasant View Drive to Cumberland Drive) is identified as a budgeted and approved project in the FY 2020-2025 Capital Improvement Plan (CIP) (Project MK-3A).
WHEREAS, the Pleasant Hill Road Sidewalk Installation Project provides for the installation of sidewalk in the west side of Pleasant Hill Road between Pleasant View Drive and Cumberland Drive; and
WHEREAS, on October 4, 2021, the City Council awarded a contract to J.J.R.
Construction, Inc. to perform work described in the contract documents entitled Pleasant Hill Road Sidewalk Installation Project (Pleasant View Drive to Cumberland Drive), Project No. 02- 21; and
WHEREAS, the work has been performed to the satisfaction of the City and J.J.R.
Construction, Inc. is requesting final payment for the completed work; and WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill finds that the work performed as the Pleasant Hill Road Sidewalk Installation Project (Pleasant View Drive to Cumberland Drive), Project No. 02-21, is complete to the satisfaction of the City.
BE IT FURTHER RESOLVED, that the City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof. (Signatures on the Following Page)
8.3.a
Packet Pg. 213 Attachment: Proposed Resolution (Pleasant Hill Road Sidewalk Installation Project Completion) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 7
th day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MICHAEL G. HARRIS, Mayor
ATTEST:
DANIELLE K. HABR, City Clerk
8.3.a
Packet Pg. 214 Attachment: Proposed Resolution (Pleasant Hill Road Sidewalk Installation Project Completion)