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.
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