Pleasant Hill City Council
April 4, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
APRIL 4, 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: 854 0775 2253
Passcode: 422979
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 April 4, 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 April 4, 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 1029, and AT&T UVerse 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 April 3 - 9, 2022 as Library Week

3.2 Introduction of New Civic Action Commissioner Anthony Garcia

3.3 Update on Police Services in Pleasant Hill by Bryan Hill, Chief of Police

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

5. COUNCIL ANNOUNCEMENTS AND REPORTS

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

5.2 Announcements from Councilmembers

6. PUBLIC COMMENT:

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

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

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

7.1 Approve Minutes for the Regular City Council Meeting of March 21, 2022 and the Special City Council Meeting of March 28, 2022

7.2 Approve Checks Dated: March 18, 2022; March 25, 2022

7.3 Accept Update on Contra Costa Transportation Authority and Transpac

7.4 Adopt Resolution No. ___-22 Approving Continued Teleconferencing of the Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361 and Repealing and Replacing Resolution No. 63-21

7.5 Adopt Uncodified Ordinance No. ___ Establishing Pleasant Hill Police Department Guidelines for the Acquisition, Funding, Use and Reporting of Special or "Military Equipment" Pursuant to Assembly Bill 481

7.6 Adopt Ordinance No. ___ Adopting Amendments Related to the Citywide Residential Objective Design Standards
Exempt Pursuant to Section 15061(b)(3).

7.7 Adopt Ordinance No. ___ Adding Section 9.45.125 (Minimum Package Size for Little Cigars and Cigars) to Article I (Regulation of Smoking) of Chapter 9.45 (Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code

7.8 Adopt Resolution No. ___-22 Approving Continued Participation in the Stormwater Pollution Management Utility District and Authorizing the Contra Costa County Flood Control and Water Conservation District to Adopt the Fiscal Year 2022/23 Stormwater Utility Area Fee for the City of Pleasant Hill

7.9 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute the First Amendment to the Professional Services Agreement for FY 2020/21-2022/23 with RSG, Inc. for Financial and Administrative Services for the Redevelopment and Housing Successor Agencies City Council Meeting Agenda Page 4 April 4, 2022

8. ADMINISTRATION AND FINANCE

8.1 Adopt Resolution No. ___-22 Approving an Amendment to the Annual Budget for Fiscal Year 2021/22 for Pleasant Hill Recreation and Parks District Special Event Sponsorships

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. ___ -22 Approving, Authorizing, and Directing Execution of: (1) Affordable Housing Regulatory Agreement Between the City of Pleasant Hill and The Post Preservation LP (the “Developer”) to Preserve 50% of the Units at The Post Apartments (1460 Contra Costa Blvd; APN 127-050-070-3) (the “Project”) for Low-Income Households Earning 80% or Less of Area Median Income for a Period of 10 Years; (2) Loan to the Developer in the Amount of $10,000 to Facilitate Acquisition of the Project Exempt Pursuant to Sections 15060(C), 15061(B)(2) and (3), 15273, 15378 and Public Resources Code Section 21065.

10. ADJOURNMENT
Next City Council Meeting: April 18, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF MARCH 21, 2022 AND THE SPECIAL CITY COUNCIL MEETING
OF MARCH 28, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

March 21, 2022 – Tentative Minutes
March 28, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

7.1 Packet Pg. 5

MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
March 21, 2022
City Council Meeting Minutes Page 1 March 21, 2022
Mayor Harris called a Regular Meeting of the City Council to order at 7:00 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on March 17, 2022, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

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

3. PRESENTATIONS

3.1 Proclamation Designating March as Prescription Drug Abuse Awareness Month Mayor Harris introduced April Rovero, Chair of the Contra Costa County MEDS Coalition and Executive Director of the National Coalition Against Prescription Drug Abuse (NCAPDA), and NCAPDA Youth Ambassadors, Sidney Tatsumi and Shrey Sharma. Ms. Rovero made brief remarks about educating the community on opioid drug use. Ms. Tatsumi and Mr. Sharma introduced themselves.

Mayor Harris read and presented the proclamation to Ms. Rovero, Ms. Tatsumi and Mr. Sharma.

3.2 Proclamation Designating March as Meals on Wheels Month Mayor Harris read and presented the proclamation to Caitlin Sly, Executive Director of Meals on Wheels. Ms. Sly thanked the City Council and the community for their support and made brief comments.

3.3 Overview of the Zonehaven Emergency Communication Tool by the Contra Costa County Fire Protection District (heard after item 4) Aaron McAlister, Deputy Fire Chief of the Contra Costa County Fire Protection District, delivered a presentation on wildland fire problems and evacuation management protocol.

Deputy Fire Chief McAlister explained how the Zonehaven Emergency Communication platform is used as a tool to communicate information to the most people in the fastest way possible, and working in conjunction with the Community Warning System.

Mayor Harris thanked Deputy Fire Chief McAlister for the presentation.

Councilmember Rinn reported on a nearby recent house fire and thanked the Fire District for the quick response.

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 March 21, 2022

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 the City Council Goals Workshop will be held virtually on Monday, March 28, 2022 at 6:30 p.m.; and
 the Mayor’s State of the City Breakfast will be held on April 5, 2022 from 7:30 a.m. to 9:00 a.m. at the Pleasant Hill Community Center.

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None

5.2 Announcements from Councilmembers
None

6. PUBLIC COMMENT
Mayor Harris opened public comment.

Ryan Perez, Founder of Sonder Creek Academy, reported on the challenges of obtaining a conditional use permit for 110 Ellinwood Drive and asked for the City Council’s assistance.

The following members of the public called in their support for Sonder Creek Academy:
 Amy Hines-Shaikh, City Planning Commissioner for the City of Clayton  Maria Sigel
 Jeff Unscheid, Concord
 Emily Richards, Concord
 Vandy Hamidi, Pleasant Hill
 Ann Kao, Pleasant Hill
 Branden Franzen
 Betsy Lesser, Martinez
 Joanie Umscheid
 Sara Wasserhauer
 Maria Yordanova
 Kathryn Durham Hammer
The following members of the public called in to voice their concerns about an animal services agreement with the Contra Costa County Animal Services Department:
 Yvonne Lobos, Pleasant Hill
 Lisa Fulton

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 March 21, 2022
 Annie Wright
 Ann Ling
Mayor Harris said he will obtain an update from staff regarding both issues and report back to the interested parties.

Mayor Harris closed public comment.

7. CONSENT CALENDAR
Motion (Rinn/Carlson) to Approve all consent items excluding item 7.1, which was pulled by Mayor Harris, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.2 Approve Checks Dated: March 4, 2022; March 11, 2022

7.3 Approve Appointment Recommendations to the Civic Action Commission

7.4 Adopt Ordinance No. 953 Amending Section 3.35.070 of the Pleasant Hill Municipal Code Regarding the Traffic Safety Commission

7.1 Approve Minutes for the Regular City Council Meeting of March 7, 2022 –Item Pulled from Consent
Motion (Carlson/Noack) to Approve item 7.1, carried as follows:

AYES: Carlson, Noack, Rinn, Harris
ABSTAIN: Flaherty

8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

8.1 Presentation of the Audited Annual Comprehensive Financial Report (ACFR) and Measure K Fund Report for the Fiscal Year Ended June 30, 2021 Erick Cheung, Finance Manager, delivered a presentation on the Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended June 30, 2021. Mr. Cheung explained the definition of an “unmodified opinion” as the highest possible rating that the City received from its independent auditor. Mr. Cheung summarized the contents of the ACFR and discussed the General Fund financial information, including the impact of Measure K.

David Bullock, Auditor, Macias, Gini & O’Connell LLP (MGO), reported that he met with the Budget Committee on March 15, 2022. Mr. Bullock reiterated that MGO issued an unmodified opinion. He summarized the contents of the audit letter and expressed his appreciation for working with Mary McCarthy, the former Finance Manager.

Mayor Harris opened public comment.

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 March 21, 2022
There was no public comment.

Mayor Harris closed public comment.

Councilmember Noack expressed her appreciation to Mr. Cheung and Ms. McCarthy for their work on the ACFR. Councilmember Noack made a clarification on the line item for transportation which is dedicated to road work and not for motor vehicles.

Motion (Noack/Rinn) to Approve item 8.1, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.2 Introduce Ordinance No. ___ Authorizing a Special or Military Equipment Use Policy for the Pleasant Hill Police Department Pursuant to California Assembly Bill 481
Pleasant Hill Police Chief Bryan Hill introduced the item and explained the obligations to comply with Assembly Bill No. 481 that was recently passed by the California State Legislature.

Pleasant Hill Police Captain Scott Vermillion provided an overview of Assembly Bill 481.

Captain Vermillion summarized the Pleasant Hill Police Department’s Policy 706 regarding special or military equipment use. Captain Vermillion said that Policy 706 is available to the public.

Janet Coleson, City Attorney, explained that Policy 706 is an uncodified City ordinance.

Captain Vermillion described the public meeting purpose, requirements and format. He summarized the equipment list and noted that the list is publicly posted on the police department’s website for public viewing. Captain Vermillion said that many of the items on the equipment list support de-escalation tactics.

Mayor Harris asked if public meetings have been scheduled. Captain Vermillion responded that no meetings have been scheduled since the City Council can still restrict any equipment on the current list.

Councilmember Noack asked for confirmation that the listed equipment is what the police department already has, and that no new equipment is being purchased. Captain Vermillion confirmed.

Vice Mayor Flaherty asked about certain equipment being “sought,” which was answered and clarified by Captain Vermillion.

Councilmember Carlson asked about equipment owned and the equipment requested on mutual aid. Captain Vermillion said that Policy 706 has an emergency response action clause from allied agencies.

Mayor Harris opened public comment.

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 March 21, 2022
Ken Housfeld, Pleasant Hill, thanked Captain Vermillion and Chief Hill for their work and expressed his support for the equipment.

Mayor Harris closed public comment.

Motion (Noack/Rinn) to Approve item 8.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris
Mayor Harris called for a recess at 9:03 p.m.

Mayor Harris reconvened the meeting at 9:13 p.m.

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. 17-22 Approving an Amended and Restated Predevelopment Loan Agreement with Satellite Affordable Housing Associates to Contribute $736,000 Toward Senior Affordable Housing Development at 490 Golf Club Road
Troy Fujimoto, City Planner, provided a brief overview of the item.

Suzy Kim, RSG Consultants, summarized the purpose, conditions, and funding of an Amended and Restated Predevelopment Loan Agreement in the total amount of $736,000 with Satellite Affordable Housing Associates (SAHA). Ms. Kim provided an overview of the loan repayment terms and default options. Ms. Kim clarified that the City provided an additional $500,000 to the construction loan for a total of $2,000,000, and not $1,500,000. Ms. Kim reported on current funding secured by SAHA.

Vice Mayor Flaherty asked about the funding on the original $236,000 loan, which was answered by Ms. Kim.

Councilmember Noack clarified that the $236,000 loan was assigned from Choice in Aging to SAHA.

Mayor Harris opened public comment.

Marge Cortes, Choice in Aging, expressed her appreciation to the City Council.

Leslie Palaroan, SAHA, expressed her appreciation to the City Council Mayor Harris closed public comment.

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

AYES: Carlson, Flaherty, Noack, Rinn, Harris

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 6 March 21, 2022

9.2 Public Hearing and Adopt Resolution No. 18-22 and Introduce Ordinance No. ___ for Adoption of Citywide Residential Objective Design Standards and Related Ordinance Amendments
Troy Fujimoto, City Planner, introduced the item and explained that the proposal is necessary in order to comply with changes to State law that limit design review of certain residential projects to the application of objective design standards.

Ryan Lester, Mintier Harnish, delivered the presentation on objective design standards, and discussed the definition of “objective design standards” and the purpose for these standards. Mr.

Lester summarized the challenges on working with objective design standards. He summarized the background on the objective design standards project, and on the applicability and review process. Mr. Lester showed the objective design standard graphics. He summarized the topics raised by discussions with the Architectural Review Commission (ARC) and Planning Commission.

Brent Gibbons, Mintier Harnish, reported that he worked with the ARC to determine which City standard requires an objective design standard.

Councilmember Noack clarified how objective design standards would be applicable under the new state guidelines. Mr. Gibbons agreed with Councilmember Noack’s clarification and further explained the broader use of objective design standards.

Councilmember Noack, Mr. Fujimoto and Mr. Gibbons continued to discuss the City’s design guidelines and development standards.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Councilmember Noack asked about clarification on recessed garages, which was answered by Mr. Fujimoto.

Vice Mayor Flaherty asked about the review process for projects, which was answered by Mr.

Fujimoto.

Motion (Noack/Carlson) to Approve item 9.2, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

9.3 Introduce Ordinance No. ___ Adding Section 9.45.125 (Minimum Package Size for Little Cigars and Cigars) to Article I (Regulation of Smoking) of Chapter 9.45 (Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code

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Attachment: March 21, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 7 March 21, 2022
Janet Coleson, City Attorney, provided the background on the adoption of Ordinance No. 952 which amended Section 9.45 of the Pleasant Hill Municipal Code, and the public input regarding the accessibility of cigars and little cigars (cigarillos) to minors. Ms. Coleson explained how Contra Costa County has defined “little cigars”. Ms. Coleson said the proposed addition of Section 9.45.125 to the Pleasant Hill Municipal Code would regulate the minimum package size for little cigars and increase the price of an individual regular cigar.

Vice Mayor Flaherty asked about additional outreach to the public regarding the cigars, which was answered by Ms. Coleson.

Mayor Harris opened public comment.

Mayor Harris reported that the City Council received two written comments from the following people:
 Ken Housfeld
 Jimmy Ancira
The following members of the public called in regarding this item”  Brian Davis, LGBTQ minus Tobacco
 Amaya Wooding, LGBTQ Minus Tobacco
 Jan Grand-Lejano, American Cancer Society
 Nicole Turkson, African American Tobacco Control Leadership Council  Camille Cummings, African American Tobacco Control Leadership Council  Ken Housfeld, Volunteer for the American Cancer Society Mayor Harris closed public comment.

Councilmember Carlson commented on the need to revisit the enforcement aspect of the ordinance.

Motion (Carlson/Noack) to Approve item 9.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 10:15 p.m. The next Special City Council meeting will be held on Monday, March 28, 2022 at 6:30 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: March 21, 2022 Tentative Minutes (Minutes)

MINUTES OF THE
SPECIAL MEETING – CITY COUNCIL
March 28, 2022
City Council Meeting Minutes Page 1 March 28, 2022
Mayor Michael Harris called a Special Meeting of the City Council to order at 6:30 PM via teleconference, complete proceedings of which were electronically recorded. The meeting agenda was posted on the outdoor bulletin board at the above address on March 24, 2022 by Deputy City Clerk Juanita Davalos.

1. 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
June Catalano, City Manager, introduced the Executive Team present at the meeting:

Ananthan Kanagasundaram, Acting City Engineer
Ann James, Maintenance Superintendent
Bryan Hill, Chief of Police
Danielle Habr, Principal Management Analyst/City Clerk
Erick Cheung, Finance Manager
Ericka Mitchell, Human Resources Manager
Ethan Bindernagel, Community Development Director/Assistant City Manager Geoff Gillette, Community Relations Manager/Public Information Officer Geoff Simmons, Chief Building Official
Janet Coleson, City Attorney
Ling King, Chief Technology Officer
Troy Fujimoto, City Planner; and
Zach Seal, Economic Development Director

2. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

3. AGENDA ITEMS

3.1 Update on the Achievement of Fiscal Year 2021/22 City Council Goals and Discussion of City Council Goals, Objectives, and Activities for Fiscal Years 2022/23 and 2023/24
Ms. Catalano noted that the Update on the Achievements of FY 2021/22 City Council Goals was included in the agenda packet and described the proposed format of the Goals Workshop.

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Attachment: March 28, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 March 28, 2022
Erick Cheung, Finance Manager, explained that goal setting is the first step in the FY 2022/23 and FY 2023/24 Biennial Budget Process.

Chief Bryan Hill; Ethan Bindernagel, Community Development Director/Assistant City Manager; Mr. Cheung; Ann James, Maintenance Superintendent; and Ms. Catalano provided a presentation on staff’s achievement of objectives and tasks related to the FY 2021/22 goals.

Councilmember Noack commented on the City Council having an opportunity to participate in disaster and emergency preparedness exercises and the local mayors and city managers meeting with the school district superintendent regarding traffic and transportation to schools.

Mayor Harris expressed his appreciation of staff.

Councilmember Noack noted that the environmentally friendly aspects of the new library should be highlighted as it will be net zero [energy] and net zero carbon. She also expressed her appreciation of staff and commented on meeting the U.S. Secretary of Energy as a result of the City being the first nationally to implement SolarAPP.

Chief Hill responded to questions from Councilmember Carlson regarding the benefits of the bimonthly meetings regarding homelessness held with the local city managers and bringing in non-profit partners.

Councilmember Carlson commented that he would like staff to also address the barriers, deficiencies, and challenges in addition to the accomplishments to improve in the next year and set better goals. In response, Ms. Catalano and staff offered some lessons learned.

Councilmember Rinn commented on the need to communicate and highlight accomplishments throughout the year for the public.

Mayor Harris opened public comment on the item.

There was no public comment.

Mayor Harris closed public comment.

Councilmembers provided updates to the goals, objectives, and tasks for FY 2022/23 and FY 2023/24 with input from staff.

Mayor Harris thanked staff and complimented the Council on the goal setting process.

Vice Mayor Flaherty acknowledged Ericka Mitchell, Human Resources Manager, who commented on the successful continuation of services through the pandemic.

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Attachment: March 28, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 March 28, 2022

4. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:44 p.m. The next regular meeting will be held on Monday, April 4, 2022 beginning at 7:00 PM.

DANIELLE K. HABR, CITY CLERK

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Attachment: March 28, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: MARCH 18, 2022; MARCH 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

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CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 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 January 19, 2022, the CCTA Executive summary and Board meeting minutes for February 16, 2022 and the TRANSPAC Board meeting summary minutes for February 10, 2022.

The TRANSPAC Board were on recess for the month of January.

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 January 19, 2022, at the CCTA Board meeting is included along with the meeting minutes. An Executive Summary of the actions taken on February 16, 2022, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Board meeting on February 10, 2022, 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. 43

FISCAL IMPACT
None

PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, in the City Clerk’s office, 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 and are available in the City Clerk’s office.

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 will need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 TRANSPAC Committee Meeting Summary Minutes for February 10, 2022 Prepared and Reviewed by: Ananthan Kanagasundaram, Acting City Engineer Approved by: June Catalano, City Manager

7.3 Packet Pg. 44

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/2022/January 19, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Brian Bornstein, SWAT
Robert Sarmiento, TRANSPLAN
Lisa Bobadilla, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: January 26, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its January 19, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Quarterly Project Status Report
Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

B. Bay Area Rapid Transit (BART) – Hercules Transit Center (Project 10002‐06) – Requestfor Appropriation of Measure J Fundsfor Construction (Conversion of Letter of No Prejudice)
Recommendation: Staff sought approval of Resolution 22‐01‐P, which will appropriate $200,000 in Measure J funds to BART for the construction phase of the Hercules Transit Center project.

7.3.a
Packet Pg. 45
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) RTPC Memorandum
January 26, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/January 19, 2022 RTPC Memo.doc Action: The Authority Board approved Resolution 22‐01‐P, which will appropriate $200,000 in Measure J funds to BART for the construction phase of the Hercules Transit Center project.

C. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects Recommendation: This was an informational item only; no staff recommendation at this time.

Action: The Authority Board received an informational report on the status of the current Measure projects.

D. Approval to Issue an Annual Urban Limit Line (ULL) Policy Advisory Letter to Local Jurisdictions
Recommendation: Staff sought approval to transmit an Annual ULL Policy Advisory Letter to all Contra Costa County jurisdictions.

Action: The Authority Board approved the transmittal of an Annual ULL Policy Advisory Letter to all Contra Costa County jurisdictions.

E. Authorization to Release a Request for Proposals (RFP) to Implement a Shared Micromobility Program in San Ramon to Support the Mobility‐on‐Demand/ Mobility‐ as‐a‐Service Project
Recommendation: Staff sought authorization to release an RFP to select a micromobility vendor to operate in the City of San Ramon, with the option for expansion to the Town of Danville, City of Walnut Creek, and unincorporated communities between.

Action: The Authority Board authorized the release an RFP to select a micromobility vendor to operate in the City of San Ramon, with the option for expansion to the Town of Danville, City of Walnut Creek, and unincorporated communities between.

F. Approval of the 2021 Contra Costa County Priority Development Area (PDA) Investment and Growth StrategyUpdate
Recommendation: Staff sought approval of the 2021 Contra Costa County PDA Investment and Growth Strategy update.

7.3.a
Packet Pg. 46
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) RTPC Memorandum
January 26, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/January 19, 2022 RTPC Memo.doc Action: The Authority Board approved the 2021 Contra Costa County PDA Investment and Growth Strategy update.

G. Approval of Proposed 2022 State and Federal Legislative Advocacy Programs Recommendation: Staff sought approval of the proposed 2022 State and Federal advocacy programs for the Authority.

Action: The Authority Board approved the proposed 2022 State and Federal advocacy programs for the Authority.

H. Concord Naval Weapons Station (CNWS)Development
Recommendation: Discussed and determined whether the Authority wishes to provide input and support to the Concord City Council regarding the CNWS development and term sheet.

Action: The Authority Board authorized staff to send a letter to City of Concord to partner and provide input and support regarding the CNWS development and term sheet.

7.3.a
Packet Pg. 47
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, January 19, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Teresa Gerringer, Chair
Chris Kelley, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Federal Glover, Commissioner
Loella Haskew, 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
Dave Hudson, Commissioner

1. CONVENE MEETING: Teresa Gerringer, Chair
DISCUSSION: Chair Gerringer convened the meeting at 6:00 PM. Commissioner Hudson 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: Debbie Toth, representing Choice in Aging, thanked the Authority for their efforts on advancing accessible transportation in Contra Costa County through the Accessible Transportation Strategic Plan.

Commissioner Arnerich thanked the Authority, on behalf of City of Concord Mayor Dominic Aliano, forthe work being done on the Interstate 680/State Route 4 Improvements, Phase 3 project.

4. PRESENTATIONS

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Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

A. Presentation on 511 Contra Costa's E‐Bike Rebate Program 511 Contra Costa staff will provide a presentation about the E‐Bike Rebate Program that was piloted countywide in 2021 as a strategy for reducing local vehicle trips.

DISCUSSION: Peter Engel, Director, Programs, introduced the item and Kirsten Riker with 511 Contra Costa. Ms. Riker discussed the e‐Bike Rebate Program including e‐ Bike options, public outreach, success stories, data and user statistics, mode shift, benefits, barriers, bike safety education, and the next steps.

Commissioners and Representatives provided comments.

CONSENT CALENDAR
ACTION: Commissioner Haskew moved to approve the consent calendar, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of December 15,2021
B. Authority Board Minutes for the special meeting on January 5,2022

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for November 2021 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for November 2021.

B. 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.

C. Quarterly Project Status Report
Recommendation: This is an informational item only; no staff recommendation at this time.

7.3.a
Packet Pg. 49
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

D. Bay Area Rapid Transit (BART) – Hercules Transit Center (Project 10002‐06) – Request for Appropriation of Measure J Fundsfor Construction (Conversion of Letter of No Prejudice)
Recommendation: Staff seeks approval of Resolution 22‐01‐P, which will appropriate $200,000 in Measure J funds to BART for the construction phase of the Hercules Transit Center project.

E. Interstate 680 High Occupancy Vehicle Completion and Express Lanes, North Segment (Project 8001) – Authorization to Execute Amendment No. 6 to Agreement No. 353 with Gray‐Bowen‐Scott (GBS) for Project Management Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 6 to Agreement No. 353 with GBS, to extend the agreement termination date from December 31, 2021 to December 31, 2022, with no increase in budget, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

F. Authorization to Execute Amendment No. 1 to Agreement No. 514 with Prime Government Solutions LLC (PrimeGov)to Support Audio Live Streaming, Real‐Time Meeting Management,Minutes Automation, and an Automated AgendaWorkflow (AAW) System
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 514 with PrimeGov in the amount of $33,101.25, for a new total agreement value of $60,096.25, to provide audio live streaming, real‐time meeting management, minutes automation, and an AAW system, and to allow the Executive Director to make any non‐substantive changes to the language. This amendment will extend the agreement termination date for three years from January 16, 2022 through January 16, 2025.

G. 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.

H. NEW ITEM: Authorization to Execute AgreementNo. 578 with Management Partners, Inc. (MPI) for Executive Recruitment Services Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 578 with MPI in the amount of $60,000, for executive recruitment services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

7.3.a
Packet Pg. 50
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

I. 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 February 2022 pursuant to the Brown Act provisions under AB 361.

7. Planning Committee ‐ Consent:

A. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects
Recommendation: This is an informational item only; no staff recommendation at this time.

B. Approval to Issue an Annual Urban Limit Line (ULL) Policy Advisory Letter to Local Jurisdictions
Recommendation: Staff seeks approval to transmit an Annual ULL Policy Advisory Letter to all Contra Costa County jurisdictions.

C. Authorization to Execute Amendment No. 2 to Agreement No. 450 with Fehr & Peers for Additional Services to Provide Technical Updates and Implement the Countywide Bicycle and Pedestrian Plan Priority Action Items Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 450 with Fehr & Peers in the amount of $250,000, for a new total agreement value of $740,000, extend the agreement termination date from June 30, 2022 to June 30, 2024, and allow the Executive Director or designee to make any non‐substantive changes to the contract language.

D. Authorization to Release a Request for Proposals (RFP) to Implement a Shared Micromobility Program in San Ramon to Support the Mobility‐on‐Demand/Mobility‐ as‐a‐Service Project
Recommendation: Staff seeks authorization to release an RFP to select a micromobility vendorto operate in the City of San Ramon, with the option for expansion to the Town of Danville, City of Walnut Creek, and unincorporated communities between.

E. Approval of the 2021 Contra Costa County Priority Development Area (PDA) Investment and Growth StrategyUpdate

7.3.a
Packet Pg. 51
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

Recommendation: Staff seeks approval of the 2021 Contra Costa County PDA Investment and Growth Strategy update.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. Approval of Proposed 2022 State and Federal Legislative AdvocacyPrograms Recommendation: Staff seeks approval of the proposed 2022 State and Federal advocacy programs for the Authority.

ACTION: Commissioner Arnerich moved to approve the proposed 2022 State and Federal advocacy programs for the Authority with the addition of seeking legislation that will allow flexibility in the criteria for eligibility of state and federal funding for e‐Bike programs, seconded by Commissioner Thorpe. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None
DISCUSSION: Linsey Willis, Director, External Affairs, discussed the Authority’s federal and state legislative platforms, the framework, priorities, and common themes across the platforms such as maximizing funding opportunities, advancing policy related to automated and connected vehicles, expanding accessibility and mobility, advancing technology and electrification, and workforce development. Ms. Willis discussed the connected signal system, Vision Zero efforts, and addition of seeking legislation for the e-Bike program.

Commissioners provided comments.

B. Approval of Second Amendment to Employment Agreement with Timothy Haile, Executive Director
Recommendation: The Chair seeks Authority Board approval of the second amendment to the Authority’s employment agreement with Timothy Haile, Executive Director, which will adjust his compensation to $303,372 per year effective December 27, 2021. The term of the amendment willremain through December 27, 2023.

ACTION: Commissioner Arnerich moved to authorize the Chair to execute the second amendment to the Authority’s employment agreement with Timothy Haile, Executive Director, which will adjust his compensation to $303,372 per year effective December 27, 2021, with the term of the amendment remaining

7.3.a
Packet Pg. 52
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

through December 27, 2023, seconded by Commissioner Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None
DISCUSSION: Tarienne Grover, Director, Administrative Services, stated the recommendation and provide a brief background.

Commissioners provided comments.

9. Planning Committee ‐ Regular:

A. On‐Call Planning Services (Project 465) – Authorization to Execute Amendment No. 2 to Agreement No. 465 with Placeworks, Inc. (Placeworks), for Updating the Action Plans and the Countywide Transportation Plan (CTP)
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 465 with Placeworks, in the amount of $1,300,000 for a new total agreement value not‐to‐exceed $2,300,000, to provide additional services for the preparation of five Action Plan Updates and begin development of the CTP, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.

ACTION: Commissioner Haskew moved to authorize the Chair to execute Amendment No. 2 to Agreement No. 465 with Placeworks, Inc. in the amount of $1,300,000 for a new total agreement value not‐to‐exceed $2,300,000, to provide additional services for the preparation of five Action Plan Updates and begin development of the Countywide Transportation Plan, and to allow the Executive Director or designee to make any non‐substantive changes to the language, seconded by Commissioner Butt. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None
DISCUSSION: John Hoang, Director, Planning, provided a brief background and overview of the updates to the action plans and the Countywide Transportation Plan.

7.3.a
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Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

B. Receive the Authority/City of Richmond ‐ Complete Streets Safety Assessment Report
Recommendation: This is an informational item only; no staff recommendation at this time.

DISCUSSION: Colin Clarke, Associate Transportation Planner, provided a background of the Safe Transportation Research and Education Center (SafeTREC) and Complete Streets Safety Assessment (CSSA) Program and process. Mr. Clarke introduced John Ciccarelli, with SafeTREC at the University of California, Berkeley, and Patrick Phelan, City of Richmond, who collaborated on the project with the Authority. Mr.

Ciccarelli discussed the SafeTREC and CSSA programs including engagement and the field audit used to identify issues, opportunities, and suggestions. Mr. Phelan discussed the benefits of the program for the City of Richmond.

Commissioners provided comments.

Public Comment:

Dave Campbell, Bike East Bay, spoke in support of the bicycle infrastructure improvements in the City of Richmond.

C. NEW ITEM: Concord Naval Weapons Station (CNWS)Development Recommendation: Discuss and determine whether the Authority wishes to provide input and support to the Concord City Council regarding the CNWS development and term sheet.

ACTION: Commissioner Glover moved to authorize staff to send a letter of commitment to the City of Concord to partner and to provide input and support regarding the Concord Naval Weapons Station development and term sheet, seconded by Commissioner Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson
Abstain‐None
DISCUSSION: John Hoang, Director, Planning, provide a background and discussed the partnership opportunity with the City of Concord on the development of the Concord Naval Weapons Station and term sheets.

Councilmember Carlyn Obringer and Guy Bjerke, Director, Economic Development & Base Reuse with the City of Concord, spoke in support of the partnership.

Commissioners and Representatives provided comments. Staff responded to the comments from commissioners.

7.3.a
Packet Pg. 54
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

10. CORRESPONDENCE AND COMMUNICATIONS
A. Letter from City of Pittsburg dated December 22, 2021 RE: Appreciation for the Partnership and Cooperation Between the Authority and the City of Pittsburg

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the special meeting on January 6, 2022 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on January 13, 2022 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report forthe regular meeting on January 10, 2022
D. West County (WCCTAC): Meeting Report for the special meeting on January 7, 2022 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Gerringer announced that she will be attending the Canyon Road Bridge Ribbon Cutting Ceremony on January 20, 2022, in the Town of Moraga, as a representative for the Authority. She also thanked Rep. Allen for her service to the Authority Board as the primary representative for the Bay Area Rapid Transit for the past three years.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Rep. Worth provided a brief update on the allocation of discretionary funding, announced major changes to the policy for Transit‐Oriented Development funding, discussed land use issues and collaboration, and active transportation investments through the One Bay Area Grant 3 program.

Commissioner Haskew attend the California Association of Councils of Governments Board meeting in January 2022 and discussed concerns discussed at the meeting about the power grid and how to ensure there is adequate power to support e‐Bikes and electric vehicles.

Rep. Allen discussed the Bay Area Rapid Transit’s 10‐year redistricting program which is underway, discussed the redistricting maps, and three proposed plans.

Rep. Allen also provided outgoing comments.

7.3.a
Packet Pg. 55
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
January 19, 2022

C. Executive Staff Comments
DISCUSSION: Tim Haile, Executive Director, thanked Authority staff and the Authority Board for their support and leadership. He discussed staff’s attendance and takeaways from the Transportation Research Board annual meeting, the Communications Transportation Concepts award that the Authority received, travel behavior studies, the Authority’s clean audit, and the 2022 Work Plan.

13. CALENDAR
A. January, February, March, and April 2022
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for February 16, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 7:54 PM.

7.3.a
Packet Pg. 56
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update)

7.3.a
Packet Pg. 57
Attachment: CCTA Executive Summary and Board Meeting Minutes for January 19, 2022 (CCTA Transpac Update)

COMMISSIONERS
Chris Kelley,
Chair
Federal Glover,
Vice Chair
Newell Arnerich
Tom Butt
Teresa Gerringer
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/2022/February 16, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Brian Bornstein, SWAT
Robert Sarmiento, TRANSPLAN
Lisa Bobadilla, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: February 28, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its February 16, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Election of Chair and Vice Chair for 2022
Action: The Authority Board appointed Vice Chair Kelley as Chair and Commissioner Glover as Vice Chair for February 2022 through February 2023.

B. Approval of Countywide At‐Large Appointmentto the Countywide Bicycle and Pedestrian Advisory Committee (CBPAC)
Recommendation: Staff sought approval to appoint Soheila Bana as the new Countywide At‐Large member to the CBPAC, to serve the remainder of the two‐year term, from February 2022 through December 2022.

Action: The Authority Board appointed Soheila Bana as the new Countywide At‐Large member to the CBPAC, to serve the remainder of the two‐year term, from February 2022 through December 2022.

C. Approval of Fiscal Year (FY) 2022‐23 Transportation Fund for Clean Air (TFCA) County Program Manager Fund ExpenditurePlan

7.3.b
Packet Pg. 58
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) RTPC Memorandum
February 28, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/February 16, 2022 RTPC Memo.doc Recommendation: Staff sought approval of Resolution 22‐02‐G, incorporating the Authority’s FY 2022‐23 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $2,192,333, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.

Action: The Authority Board approved Resolution 22‐02‐G, incorporating the Authority’s FY 2022‐23 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $2,192,333, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.

D. 2022 Measure J Strategic Plan – Key Considerations
Recommendation: Staff sought approval to reprogram Measure J savings to the following projects in the 2022 Measure J Strategic Plan: $9 million for the Innovate 680 (Project 8009), $1 million for the Interstate 680/State Route 4 Interchange Improvements, Phase 3 (Project 6001), $1 million for the East County Subregional Transportation Needs Reserve (Project 28001), $2 million for the Pacheco Boulevard Improvements, Blum Road to Morello Avenue (Project 24003), and $5 million to replenish the programmatic reserve.

Action: The Authority Board authorized staff to reprogram Measure J savings to the following projects in the 2022 Measure J Strategic Plan: $9 million for the Innovate 680 (Project 8009), $1 million for the Interstate 680/State Route 4 Interchange Improvements, Phase 3 (Project 6001), $1 million for the East County Subregional Transportation Needs Reserve (Project 28001), $2 million for the Pacheco Boulevard Improvements, Blum Road to Morello Avenue (Project 24003), and $5 million to replenish the programmatic reserve.

E. Bollinger Canyon Road – Iron Horse Trail (IHT) Bicycle and Pedestrian Overcrossing (POC) (Project 120025) – Authorization to Execute Agreement No. 579 with MNS Engineers Inc. (MNS) for Construction Management (CM) Services Recommendation: Staff sought authorization for the Chair to execute Agreement No. 579 with MNS in the amount of $2,332,297 to provide CM services, allow the Executive Director or designee to make any non‐substantive changes to the language, and delegate authority to negotiate and execute amendments within the contingency amount to the Executive Director or designee.

Action: The Authority Board authorized the Chair to execute Agreement No. 579 with MNS in the amount of $2,332,297 to provide CM services, allow the Executive Director or designee to make any non‐substantive changes to the language, and delegate authority to negotiate and execute amendments within the contingency amount to the Executive Director or designee.

7.3.b
Packet Pg. 59
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, February 16, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Teresa Gerringer, Chair
Chris Kelley, Chair
Federal Glover, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Lamar Thorpe, Commissioner
Holland White, Commissioner
Mark Foley, Ex­Officio Rep.

H.E. Christian Peeples, Ex­Officio Rep. Alt.

Amy Worth, Ex­Officio Rep.

Colin Clarke None
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

1. CONVENE MEETING: Teresa Gerringer, Chair
DISCUSSION: Chair Gerringer convened the meeting at 6:00 PM. Rep. Powers was absent; Rep.

Peeples attended on her behalf. Rep. Worth had not yet arrived. Rep. Foley provided a brief introduction as the new primary representative for Bay Area Rapid Transit (BART).

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: Joe Young, President of the Vineyards of Marsh Creek Owners Association, addressed concerns with the projects on State Route 4 and State Route 239.

4. ELECTION
A. Election of Chair and Vice Chair for 2022

7.3.b
Packet Pg. 60
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

ACTION: Commissioner Mitchoff moved to nominate and elect Vice Chair Kelley as Chair and Commissioner Glover as Vice Chair for 2022, seconded by Commissioner Arnerich. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Chair Gerringer handed the virtual gavel over to incoming Chair Kelley to conduct the remainder of the meeting.

5. COMMENDATION
A. Outgoing Chair Teresa Gerringer
DISCUSSION: Tarienne Grover, Director, Administrative Services, presented a commendation and pin plaque to outgoing Chair Gerringer to recognize herservice and accomplishments while Chair of the Authority Board.

Commissioners provided comments. ChairGerringer provided outgoing chair comments.

6. COMMITTEE ASSIGNMENTS
A. Assignment of Authority Board Membersto the Administration and Projects Committee and Planning Committee
ACTION: Commissioner Hudson moved to assign Commissioners Arnerich, Butt, Gerringer, Noack, and Thorpe to the Administration and Projects Committee and Commissioners Haskew, Hudson, Mitchoff, White, and Chair Kelley to the Planning Committee, and reaffirm that Vice Chair Glover will not be assigned to a sub‐ committee, seconded by Commissioner Butt. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None

7. PRESENTATIONS
A. Water Emergency Transportation Authority (WETA)Update Staff from the WETA will update the Authority Board on City of Richmond service, COVID recovery efforts, and the WETA 2050 Service Vision and Business Plan.

7.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

DISCUSSION: Peter Engel, Director, Programs, introduced the item and Seamus Murphy with the Water Emergency Transportation Authority (WETA). Mr. Murphy provided a background and overview of WETA services, discussed pandemic recovery for the ferry services provided in the City of Richmond, impacts of COVID‐ 19, the Pandemic Recovery Program and its results on the City of Richmond ferry services, ridership recovery, and the next steps.

Commissioners provided comments. Mr. Murphy responded to comments from commissioners.

B. State Route 4 (SR4) and Interstate 80 (I‐80) Travel Behavior Study Results After gaining valuable insight from a user analysis conducted on the I‐680 corridor as part of the Innovate 680 project, the Authority Board authorized similar travel behavior surveys on the SR4 and I‐80 corridors to help better understand travel behavior across Contra Costa County. Authority staff and consultants will present the results of the transportation habit surveys for these two corridors as an informational item to the Authority Board.

DISCUSSION: Linsey Willis, Director, External Affairs, introduced the item and Nicole Hilaire with Convey. Ms. Hilaire discussed the behavioral research on the Interstate 80, State Route (SR) 4, and SR242 corridors including methodology, key findings, corridor use, driving frequency and interests in driving less, barriers to using alternative modes, residents’ priorities for transportation improvements, drivers’ willingness to try active modes, perceptions of Part‐Time Transit Lanes, impacts on underserved communities within the corridor, and the next steps such as building relationships with residents and overcoming barriers to driving less.

Commissioners provided comments. Ms. Hilaire and staff responded to comments from commissioners. Mr. Engel discussed how these surveys complement the work being done through the 511 Contra Costa Program.

Rep. Worth arrived at 7:02 PM.

CONSENT CALENDAR
ACTION: Vice Chair Glover moved to approve the consent calendar, seconded by Commissioner Butt. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None

7.3.b
Packet Pg. 62
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

8. APPROVAL OF MINUTES
A. Authority Board Minutes of January 19, 2022

9. Administration & Projects Committee ‐ Consent:

A. Approval of 2022 Regular Meeting Schedule
B. Accept Monthly Accounts Payable Invoice Report for December 2021 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for December 2021.

C. Accept Internal Accounting Report for the Six Months Ended December 31, 2021 Recommendation: Staff seeks acceptance of the internal accounting report for the six months ended December 31, 2021.

D. Accept Quarterly Sales Tax Revenue Report for the Period Ended September 30, 2021
Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended September 30, 2021.

E. Accept Quarterly Cash and Investment Report for the Period Ended December 31, 2021
Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended December 31, 2021.

F. Approval of Countywide At‐Large Appointmentto the Countywide Bicycle and Pedestrian Advisory Committee (CBPAC)
Recommendation: Staff seeks approval to appoint Soheila Bana as the new Countywide At‐Large member to the CBPAC, to serve the remainder of the two‐year term, from February 2022 through December 2022.

G. State Route 4 (SR4)/Balfour Road Interchange (Project 5005) – Authorization to Execute Amendment No. 7 to Agreement No. 404 with PSOMAS for Additional Construction Management (CM) Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 7 to Agreement No. 404 with PSOMAS in the amount of $66,940 for a new total agreement value of $7,267,166, to provide additional CM 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 June 30, 2021 to June 30, 2022.

7.3.b
Packet Pg. 63
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 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. 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 March 2022 pursuant to the Brown Act provisions under AB 361.

10. Planning Committee ‐ Consent:

A. NEW ITEM: Approval of Fiscal Year (FY) 2022‐23 Transportation Fund for Clean Air (TFCA) County Program Manager Fund ExpenditurePlan
Recommendation: Staff seeks approval of Resolution 22‐02‐G, incorporating the Authority’s FY 2022‐23 TFCA Expenditure Plan and allocation of County Program Manager TFCA funds in the amount of $2,192,333, and authorization for the Executive Director or designee to sign and submit the Expenditure Plan Summary application to the Bay Area Air Quality Management District.

REGULAR AGENDA ITEMS

11. Administration & Projects Committee ‐ Regular:

A. Accept Annual Audit Reports – Annual Comprehensive Financial Report (ACFR) and Auditor’s Report to the Authority Board for the Fiscal Year Ended June 30, 2021 Recommendation: Staff seeks acceptance of the annual audit report for the fiscal year ended June 30, 2021. Staff will provide an overview of the report, along with addressing any questions that may arise.

ACTION: Commissioner Arnerich moved to accept the Annual Comprehensive Financial Report and Auditor’s Report for fiscal year ended June 30, 2021, seconded by Commissioner Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None

7.3.b
Packet Pg. 64
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

DISCUSSION: Brian Kelleher, Chief Financial Officer, provided a background of the introductory, financial, and statistical sections of the Annual Comprehensive Financial Report, the statement of net position, statement of activities, financial summary, financial statement notes including debt service, and ten‐year statistical trends. He introduced Annie Louie with Macias, Gini & O'Connell LLP to provide a summary of the audit results. Ms. Louie announced that they have an unmodified opinion on the financial statements and reported no deficiencies.

Commissioners provided comments.

B. 2022 Measure J Strategic Plan – Key Considerations
Recommendation: Staff seeks approval to reprogram Measure J savings to the following projects in the 2022 Measure J Strategic Plan: $9 million for the Innovate 680 (Project 8009), $1 million for the Interstate 680/State Route 4 Interchange Improvements, Phase 3 (Project 6001), $1 million for the East County Subregional Transportation Needs Reserve (Project 28001), $2 million for the Pacheco Boulevard Improvements, Blum Road to Morello Avenue (Project 24003), and $5 million to replenish the programmatic reserve.

ACTION: Commissioner Arnerich moved to authorize staff to reprogram Measure J savings to the following projects in the 2022 Measure J Strategic Plan: $9 million for the Innovate 680 (Project 8009), $1 million for the Interstate 680/State Route 4 Interchange Improvements, Phase 3 (Project 6001), $1 million for the East County Subregional Transportation Needs Reserve (Project 28001), $2 million for the Pacheco Boulevard Improvements, Blum Road to Morello Avenue (Project 24003), and $5 million to replenish the programmatic reserve, seconded by Commissioner Butt. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Hisham Noeimi, Director, Programming, provided a background of Measure J and the Expenditure Plan breakdown of funding for programs and projects, discussed sub‐regional equity, sales tax revenues, the Authority’s strategy for success, project delivery status, Measure Jsavings, and the overarching considerationsfor reprogramming the savings to the projects outlined in the recommendation, as well as to the programmatic reserve.

Commissioners provided comments.

7.3.b
Packet Pg. 65
Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

C. NEW ITEM: Bollinger Canyon Road – Iron Horse Trail (IHT) Bicycle and Pedestrian Overcrossing (POC) (Project 120025) – Authorization to Execute Agreement No. 579 with MNS Engineers Inc. (MNS) for Construction Management (CM) Services Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 579 with MNS in the amount of $2,332,297 to provide CM services, allow the Executive Director or designee to make any non‐substantive changes to the language, and delegate authority to negotiate and execute amendments within the contingency amount to the Executive Director or designee.

ACTION: Commissioner Gerringer moved to authorize the Chair to execute Agreement No. 579 with MNS Engineers Inc. in the amount of $2,332,297 to provide Construction Management services, allow the Executive Director or designee to make any non‐substantive changes to the language, and delegate authority to negotiate and execute amendments within the contingency amount to the Executive Director or designee, seconded by Vice Chair Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Thorpe
Abstain‐None
DISCUSSION: Ivan Ramirez, Director, Construction, provided a brief background and overview of the project and procurement process.

Commissioner Thorpe was present but did not respond to the roll call vote and left the meeting at 7:44 PM.

12. Planning Committee ‐ Regular: None

13. CORRESPONDENCE AND COMMUNICATIONS
A. 2021 Activities and Accomplishments
B. Letterfromthe Transportation Partnership and Cooperation (TRANSPAC) dated December 22, 2021 RE: Appointment of TRANSPAC Representatives to the Authority Board

14. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report forthe regular meeting on February 10, 2022 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on February 10, 2022 (Meeting handout if available)

7.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

C. Southwest County (SWAT): Meeting Reportforthe regular meeting on February 7, 2022 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on January 28, 2022

15. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley provided incoming chair comments and discussed her goals and priorities for 2022.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Mitchoff requested a discussion item at the Authority Board meeting in March to discuss the conduct of meetings after March 31, 2022.

Rep. Worth welcomed incoming Chair Kelley, discussed the Bridge Forward initiatives, and requested feedback on the Transit Oriented Communities Policy.

Rep. Foley congratulated incoming Chair Kelley, requested a formal response to Joe Young who spoke under public comment, provided an update on BART’s redistricting maps, expanded service, resumption of the Fleet of the Future trains, recruitment for more officers and staffing to enhance safety, and station hardening improvements.

C. Executive Staff Comments
DISCUSSION: Tim Haile, Executive Director, welcomed incoming Chair Kelley, thanked outgoing Chair Gerringer, and discussed the Authority’s accomplishments in 2021. Mr. Haile announced that the Transit Oriented Communities Policy will be brought to the Authority Board meeting in March as a discussion item, as well as a discussion on the conduct of meetings after March 31, 2022. He discussed the launch of the Countywide Transportation Plan outreach, meeting with the Colorado Department of Transportation to observe the Interstate 25 Managed Freeway project, meetings with Congressmen DeSaulnier and Garamendi on developing an Investment and Infrastructure Jobs Act strategy and working with local jurisdictions to find opportunities to leverage funding, match, and bundling of projects. He announced that Local Motors is no longer in business and that the staff is proactively looking for an autonomous vehicle to replace Ollie 2.0, and that staff has now transitioned to a hybrid work environment and are preparing the Boardroom for hybrid meetings.

7.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) Authority Board Meeting MINUTES
February 16, 2022

16. CALENDAR
A. February, March, April, and May 2022
B. Calendar of Upcoming Events

17. CLOSED SESSION
A. Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation pursuant to Gov. Code Section 54956.9(b):

Interstate 680/State Route 4 Interchange Improvements, Phase 3 Project – Proposed Agreement with Theodora Oringher PC to provide legal services to settle potential litigation.

DISCUSSION: Commissioners, staff, and legal counsel convened into closed session at 8:03 PM. Commissioners Arnerich and Noack, and Reps. Foley, Peeples, and Worth left at 8:03 PM.

18. RECONVENE IN OPEN SESSION
A. Report on Action Taken in Closed Session
ACTION: Commissioners unanimously approved an agreement with Theodora Oringher PC to provide legal services for the Interstate 680/State Route 4 Interchange Improvements, Phase 3 Project. 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: Commissioners, staff, and legal counsel reconvened into open session at 8:19 PM. Chair Kelley reported unanimous approval of an agreement with Theodora Oringher PC to provide legal services on the Interstate 680/State Route 4 Interchange Improvements, Phase 3 Project.

19. ADJOURNMENT to the next regular meeting proposed for March 16, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 8:19 PM.

7.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update)

7.3.b
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Attachment: CCTA Executive Summary and Board Meeting Minutes for February 16, 2022 (CCTA Transpac Update) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: February 10, 2022
MEMBERS PRESENT: Loella Haskew (Chair), Walnut Creek; Peter Cloven (Vice Chair), Clayton; Tim McGallian, 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; John Cunningham, Contra Costa County; Esther Suh, BART; Melody
Reebs, County Connection; Saravana Suthanthira,
Concord; Ananthan Kanagasundaram, Pleasant Hill;
Abhishek Parikh, Concord; Matt Todd, TRANSPAC
Managing Director; and Tiffany Gephart,
TRANSPAC Clerk
GUESTS/PRESENTERS: Bruce Ole Ohlson; Colin Clarke CCTA; Stephen Marea, Bike East Bay; Scott Simmons,
MINUTES PREPARED BY: Tiffany Gephart, TRANSPAC Clerk

1. CONVENE REGULAR MEETING/PLEDGE OF ALLEGIANCE/SELF-INTRODUCTIONS.

Chair Haskew called the meeting to order at 9:01 AM.

2. PUBLIC COMMENT.

There were no comments from the public.

3. CONSENT AGENDA.
a. Minutes of the December 9, 2021 Meeting.
b. Minutes of the January 6, 2022 Meeting.
c. Minutes of the January 21, 2022 Meeting.
d. CCTA Executive Director’s Report Regarding CCTA Actions /Discussion Items. e. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest.

7.3.c
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Attachment: Transpac Committee Meeting Summary Minutes for February 10, 2022 (CCTA Transpac Update) f. TRANSPAC Committee Appointments – CCTA TCC Appointment for the Term Ending March 31, 2023.
g. Continue use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361.
h. TRANSPAC Quarterly Financial Reports.

On motion by Commissioner Noack seconded by Commissioner Mitchoff to approve the consent items by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Noack, McGallian). Commissioner McGallian abstained from item 3a.

4. Appointment Of TRANSPAC Representative to the CCTA.

On motion by Commissioner Cloven seconded by Commissioner Noack to appoint Commissioner Tim McGallian as the TRANSPAC alternate representative to Loella Haskew on the CCTA by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Noack, McGallian).

5. TRANSPAC Committee Appointments – CCTA CBPAC Appointment for the Term January 1, 2022 to December 31, 2023.

On motion by Commissioner Noack seconded by Commissioner McGallian to approve the appointment of Scott Simmons to the CCTA CBPAC for the term ending December 31, 2023 by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Noack, McGallian).

6. Accept TRANSPAC Annual Financial Report as Of June 30, 2021 And 2020 with Independent Auditors’ Report.

Commissioner Haskew commented that we are categorizing one item as maintenance and there are no maintenance tasks within TRANSPAC. Mr. Todd noted the section in the audit that contained the language about the maintenance. Commissioner Haskew requested the addition of a clarifying footnote.

On motion by Commissioner Noack seconded by Commissioner Cloven to accept the Annual Financial Report as of June 30, 2021 and 2020 with independent Auditors’ report thereon by unanimous vote of the members present (Haskew, Cloven, Noack, McGallian).

7. Policy Framework Discussion for One Bay Area Grant Cycle 3 (OBAG 3) Program in Contra Costa County.

Mr. Todd introduced the item. Colin Clarke from CCTA presented. Mr. Clarke commented that based on past years, CCTA staff are expecting $52 million in OBAG 3 funding for Contra Costa

7.3.c
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Attachment: Transpac Committee Meeting Summary Minutes for February 10, 2022 (CCTA Transpac Update) County. The proposed OBAG 3 policy would split funding between two types of projects: Active Transportation and Safety – Projects of Countywide Significance (ATS-PCS), which will consist of Safe Routes to Schools (SRTS) and bicycle and pedestrian projects and the Countywide Smart Signals project. CCTA will lead the implementation of the Smart Signals project and will coordinate with local agencies to determine projects and locations likely to compete well at the regional level. Mr. Clarke noted that The Metropolitan Transportation Committee (MTC) will prioritize projects occurring within the top 25 mobility hubs region-wide and Priority Development Areas (PDA’s) and other criteria.

Commissioner Noack asked where the bicycle and pedestrian grants will be distributed to. Mr.

Clarke commented that grants will be distributed to local jurisdictions. Mr. Clarke further noted that the local agencies will be the lead agencies for ATS-PCS projects and CCTA will be nominating projects countywide that will compete well and be brought to MTC. CCTA and MTC will not be distributing funds based on a formula as in the past, CCTA staff will develop a policy that jurisdictions and Regional Transportation Planning Committees (RTPC’s) will be able to provide feedback in March/April. The call for projects will be released April 21, 2022, and the deadline will be June 1, 2022.

Mr. Clarke further noted that OBAG 3 requires each jurisdiction to complete a local road safety plan (also a requirement for the Caltrans Highway Safety Improvement HSIP program funds) by September 2022.

Commissioner McGallian asked if the categories for funding will expand beyond ATS-PCS and Smart Signals. Mr. Clark commented that CCTA is proposing the countywide Smart Signals project in part to represent as many jurisdictions as possible in the next cycle and to implement Plan Bay Area 2050 priorities with ATS-PCS projects, priority is given to projects included in the 2018 adopted Countywide Bicycle and Pedestrian Plan and projects that support low-stress and low-traffic bikeways. However, CCTA has proposed that the program criteria include projects that aren't in the plan if they are in a locally adopted plan and that the community outreach and engagement process has already happened, or if it's a project that is a quick build project.

For example a project would compete well as long as there's a strong justification for how it could move the county toward Vision Zero (zero fatalities and severe injuries).

Commissioner McGallian further asked if Smart Signals projects need to be along Routes of Regional Significance and be in a PDA. Mr. Clark commented that both will compete well however OBAG 3 contains a policy that 70% of the funding will go towards PDA’s and therefore projects that support and lead up to a PDA will compete as well. Mr. Clark noted that the new Action Plan goals and objectives will consider new Routes of Regional Significance to be designated for active transportation modes and/or transit and local agencies are encouraged to be engaged in that process to determine what those Regional Routes of Significance are and will influence project selection for things like the Countywide Smart Signals project. The intent is to use the new Routes of Regional Significance which will likely be adopted before MTC adopts the project list.

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Attachment: Transpac Committee Meeting Summary Minutes for February 10, 2022 (CCTA Transpac Update) County CBPAC citizen representative Ole Ohlson provided public comment. Mr. Ohlson’s written comments are included as an attachment.

8. Measure J Line 20A Funds Program – FY 2022/2023 and FY 2023/2024 Programming Cycle.

Mr. Todd reviewed Measure J Line20a applications and fund requests received as of January 21, 2022. Commissioner Noack requested that the applicants present their programs to the Board.

Commissioner Haskew, Cloven and McGallian agreed. Staff noted that it will work with applicants to present their programs for the upcoming March and April Board meetings.

9. TRANSPAC CCTA Representative Reports
Commissioner Haskew noted that the Planning Committee meeting was cancelled.

Commissioner Noack commented that the Administration and Projects committee meeting presented legislative updates and updates on the Measure J projects in Central County that were completed with relatively sizable savings. The remaining funds were allocated to other Central County projects. Commissioner Noack noted that CCTA reallocates the funding to keep the allocations similar to what is represented in the Measure J Transportation Expenditure Plan.

Commissioner Haskew commented that she noticed that the summary of the activity at the CCTA level is included in the packet (listed in the consent calendar). She further asked if the verbal presentations should also be included as part of the consent agenda or if the verbal update remain where it is. Mr. Todd noted the agenda had been reorganized this month and that items that contained a discussion component were not moved to consent. Chair Haskew commented that the Board can decide at a future date if further revisions to the agenda structure were desired.

10. TAC Oral Reports by Jurisdiction
No comments from the TAC.

11. BOARDMEMBER COMMENTS
No comments from the Board.

12. MANAGING DIRECTOR’S REPORT
Ms. Gephart commented that the Form 700 is due on April 1, 2022.

7.3.c
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Attachment: Transpac Committee Meeting Summary Minutes for February 10, 2022 (CCTA Transpac Update)

13. ADJOURN NEXT MEETING
The next meeting is scheduled for March 10, 2022 at 9:47 A.M. The location will be determined pending further guidance from the Contra Costa County Department of Public Health.

7.3.c
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Attachment: Transpac Committee Meeting Summary Minutes for February 10, 2022 (CCTA Transpac Update)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING CONTINUED

TELECONFERENCING OF THE MEETINGS OF ALL CITY
LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361 AND REPEALING AND REPLACING RESOLUTION NO. 63-21

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 has updated the findings in the proposed resolution to reflect the current guidelines. Staff recommends the City Council adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.

DISCUSSION
Background
In September 2021, the Governor signed into law AB 361, an urgency measure (i.e. it became effective immediately) which largely continued 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 from November 2021 through March 7, 2022 to continue to meet the 30-day deadline. On March 1, 2022, Contra Costa Health Services updated its Recommendations for Safely Holding Public Meetings, the first of which states that “Online meetings (i.e. teleconferencing meetings) are strongly recommended….”

7.4 Packet Pg. 75
Analysis
AB 361 contains several requirements in order to continue the use of remote meetings. These include:
 There must have been a state of emergency declared under the California Emergency Services Act. This effectively means the Governor must have declared the emergency, which he did.
 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 any, if not, all 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.

Government Code 54953(e)(3), added by AB 361, states that if a state of emergency remains or if state or local officials continue to recommend measures to promote social distancing, then local agencies can continue to meet virtually. The required findings are:
“(A) The legislative body has reconsidered the circumstances of the state of emergency[; and]
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person [or]
(ii) State or local officials continue to impose or recommend measures to promote social distancing.”
The State of California is still under an emergency declaration regarding COVID-19, and as of March 1, 2022, both State and local health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Contra Costa Health Services is expected to update its Recommendations for Safely Holding Public Meetings on April 1, 2022, after the publication of the agenda packet, which includes this staff report. Staff will provide an update at the meeting should the recommendations change.

1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx as of the date this staff report was published; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID19/ThirdVaccineDoseQandA.aspx as of the date this staff report was published; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training as of the date this staff report was published.

7.4 Packet Pg. 76
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 March 7, 2022; this remote meeting allowance expires April 6, 2022 unless the City Council takes formal action to reconsider the factors and affirm the specified findings in the proposed attached resolution. The next regular meeting of the City Council is scheduled for April 18, 2022, which falls after the April 6th expiration.

Staff therefore recommends the City Council adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.

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 adopt the proposed resolution approving continued teleconferenced (“remote”) meetings of all City legislative bodies through May 4, 2022 pursuant to the provisions of AB 361 and repealing and replacing Resolution No. 63-21.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could not adopt the resolution and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Danielle K. Habr, City Clerk
Approved by: June Catalano, City Manager

7.4 Packet Pg. 77
RESOLUTION NO. ___ - 22

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 AND REPEALING AND REPLACING RESOLUTION NO. 63-21
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 Health Officer for Contra Costa County updated the published "Recommendations for Safely Holding Public Meetings" document on March 1, 2022, which states as its first recommendation, “Online meetings (i.e. teleconferencing meetings) are strongly recommended as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19.”
• 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]

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Attachment: Proposed Resolution (Teleconferencing Under AB 361 - 4/4/22 - 5/4/22) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

7.4.a
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Attachment: Proposed Resolution (Teleconferencing Under AB 361 - 4/4/22 - 5/4/22)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT UNCODIFIED ORDINANCE NO. ___ ESTABLISHING

PLEASANT HILL POLICE DEPARTMENT GUIDELINES FOR THE

ACQUISITION, FUNDING, USE AND REPORTING OF SPECIAL OR
"MILITARY EQUIPMENT" PURSUANT TO ASSEMBLY BILL 481

SYNOPSIS
The proposed uncodified ordinance establishing Pleasant Hill Police Department guidelines for the acquisition, funding, use and reporting of special or “military equipment” as defined by California Government Code sections 7070 - 7075 and pursuant to Assembly Bill 481, was introduced at the March 21, 2022 City Council meeting. The ordinance is now ready for adoption or second reading.

DISCUSSION
Assembly Bill 481, codified in the California Government Code in Sections 7070-7075 and effective on January 1st of 2022, mandates that law enforcement agencies submit a proposed Military Equipment Use Policy via ordinance to the governing body for approval. At the March 21, 2022 City Council meeting, the Council discussed and considered the proposed Policy and introduced this uncodified ordinance without modification in order for the Pleasant Hill Police Department to continue to use the specified equipment.

The ordinance is now ready for adoption or second reading.

FISCAL IMPACT
There are no fiscal impacts as a result of the proposed ordinance.

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.

7.5 Packet Pg. 80

RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council adopt the proposed uncodified ordinance.

ALTERNATIVES TO RECOMMENDED ACTION
Council may decide to not adopt the proposed uncodified ordinance and provide further direction to staff.

ATTACHMENT(S):

A) Proposed Uncodified Ordinance
Prepared by: Janet Coleson, City Attorney
Reviewed by: June Catalano, City Manager

7.5 Packet Pg. 81

ORDINANCE NO.

OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
ORDINANCE (Uncodified) ADOPTING A SPECIAL OR MILITARY EQUIPMENT USE POLICY PURSUANT TO AB 481
The City Council of the City of Pleasant Hill does ordain as follows:

ARTICLE 1. RECITALS.
(a) On September 30, 2021 Governor Newsom signed a series of policing reform legislation items into law. These laws are aimed at increasing police transparency, and AB 481 in particular requires law enforcement agencies to adopt a special or military equipment use policy (“Policy”) prior to taking certain actions relating to the funding, acquisition, or use of military equipment as defined by the law. The Policy must be adopted by ordinance at a regular meeting of the governing body (the City Council) for that agency.
(b) AB 481 requires adoption of the Policy before the law enforcement agency can take action to request military equipment as defined by the statute; seek funds (such as grants or in-kind donations) for acquiring military equipment; actually acquire military equipment, either permanently or temporarily by owning, borrowing, or leasing; collaborate with other law enforcement agencies to deploy or use military equipment in the agency’s territorial jurisdiction; use new or existing military equipment in a manner not previously subject to AB 481’s scope; solicit or respond to a proposal for, or enter into an agreement with, any person or entity to seek funds for, apply for, acquire, use, or collaborate in using military equipment; or to acquire military equipment through any other means not specifically detailed in the statute. (c) To continue to use military equipment acquired prior to January 1, 2022, the law enforcement agency must commence the process of adopting the Policy no later than May 1, 2022.
(d) In accordance with AB 481, the proposed Policy will be made available on the Pleasant Hill Police Department’s website within 30 days of the public hearing by the City Council to adopt the Policy. Once adopted, the Policy will be made publicly available on the Police Department’s website for as long as the covered military equipment is available for use. (e) In accordance with AB 481, the Policy is being placed on the agenda as an open session item at a regular meeting of the City Council, and public comment on the item will be allowed in accordance with the Brown Act.
(f) This Ordinance shall be reviewed by the City Council at least annually, and based on an annual military equipment report that must be submitted to the City Council pursuant to AB 481, the City Council shall determine whether each type of military equipment identified in the report has complied with the standards for continued approval. If the City Council cannot make such a determination, it shall either disapprove a renewal of the authorization for that type of equipment, or require modifications to the Policy in a manner to resolve the lack of compliance.

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Attachment: Proposed Ordinance (Ordinance re AB 481 Specialty Military Equipment)

ARTICLE 2. INCORPORATION OF RECITALS.

The City Council hereby finds that all of the foregoing recitals and the staff report presented herewith are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

ARTICLE 3. FINDINGS.

Pursuant to Government Code § 7071(d)(1), as may be amended or renumbered from time to time, the City Council hereby makes the following findings in support of its adoption of the Policy:

A. The military equipment identified in the Policy is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.

B. The proposed Policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.

C. If the Police Department purchases military equipment pursuant to the Policy, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.

D. Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

ARTICLE 4. MILITARY EQUIPMENT USE POLICY ADOPTED.

In light of the findings in Article 3, and in accordance with AB 481, the Policy, attached hereto as Exhibit “A” and incorporated in full by reference, is hereby adopted by the City Council.

ARTICLE 5. SEVERABILITY.

Each of the provisions of this Ordinance is severable from all other provisions. If any article, section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance.

ARTICLE 6. NOT A CEQA PROJECT.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title

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Attachment: Proposed Ordinance (Ordinance re AB 481 Specialty Military Equipment)

14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

ARTICLE 7. EFFECTIVE DATE.

This ordinance, or a summary thereof, shall be posted on the three (3) official bulletin boards of the City of Pleasant Hill within 15 days of its passage and is to take effect thirty (30) days after its passage.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 21st day of March, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the___ day of ___________, 202_, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

7.5.a
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Attachment: Proposed Ordinance (Ordinance re AB 481 Specialty Military Equipment)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ ADOPTING AMENDMENTS RELATED

TO THE CITYWIDE RESIDENTIAL OBJECTIVE DESIGN STANDARDS

SYNOPSIS
The proposed ordinance is to amend various sections of the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18) related to the implementation of City Wide Residential Objective Design Standards. The proposed ordinance includes amendments necessary to reference City Wide Residential Objective Design Standards that were previously adopted by the City Council as part of the modified City Wide Design Guidelines. The proposed ordinance was introduced at a public hearing held on March 21, 2022, and is now submitted for a second reading and consideration for adoption.

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 Ordinance
ATTACHMENT(S):

A – Proposed Ordinance
Prepared by: Troy Fujimoto, City Planner
Reviewed by: Ethan Bindernagel, Assistant City Manager/ Community Development Director Approved by: June Catalano, City Manager

7.6 Packet Pg. 85
1 ORDINANCE NO. __

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20, R-RESIDENTIAL DISTRICTS & CHAPTER 18.115, ARCHITECTURAL REVIEW PERMITS TO IMPLEMENT

CITYWIDE OBJECTIVE DESIGN STANDARDS
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to amend and add provisions related to objective design standards; and WHEREAS, the City wishes to establish objective design standards that can be applied to residential projects throughout the City, including qualifying residential projects that are eligible for limited and streamlined City review; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing before the Planning Commission on the proposed ordinance was noticed for January 11, 2022, where all interested persons might appear and be heard; and WHEREAS, on January 11, 2022, the Planning Commission adopted Resolution No. 03- 22 recommending that the City Council adopt the proposed ordinance; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on March 21, 2022, where all interested persons might appear and be heard.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. The City Council hereby finds that pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with certainty that the proposed activity will not have a significant effect on the environment as the proposed design & development standards when applied to relevant projects will undergo separate CEQA review.

Section 3. Schedule 18.20.030, Development regulations for all residential districts is amended to add the following regulation to the table, as follows (new language is underlined, all other provisions within this section remain the same):

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Attachment: Proposed Ordinance (Residential Objective Design Standards Ordinance Amendment) 2 SCHEDULE 18.20.030

DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH
Additional
Development
Regulations
(See PHMC
§ 18.20.040)
City-Wide Objective
Design Standards - - - - - - - - - -
See PHMC

18.20.040.K
Section 4. Add a new Section 18.20.040.K, Citywide Objective Design Standards, as follows (new language is underlined, all other provisions within this section remain the same):
“K. City-Wide Objective Design Standards. All single-family residential and multifamily residential development shall comply with Objective Design Standards, as adopted by City Council Resolution.

1. Streamlined Residential Projects. If a proposed residential development project qualifies for streamlined permit review, as determined by State law, the zoning administrator shall review the proposed project to verify compliance with the Objective Design Standards applicable to such projects. Proposed residential development projects that comply with all Objective Design Standards shall be processed ministerially. Qualifying projects that do not comply with the Objective Design Standards shall be subject to the Architectural Review Permit process, as specified in Chapter 18.115 of this Title.”
Section 5. Section 18.115.010.B, Architectural Review Permits, Requirement - Purpose, is amended as follows (new language is underlined, all other provisions within this section remain the same):
“B. Purpose. The purpose of architectural review is to evaluate the interdependence of property values and aesthetics, and to provide a method to promote sound land use development.

More specifically, architectural review is intended to:

1. Ensure excellence of architectural design;

2. Ensure that siting and architectural design of structures, including their materials and colors, are visually harmonious with surrounding development and with the natural landforms and vegetation of the areas in which they are proposed to be located;

3. Ensure that plans for the landscaping of open spaces conform with the requirements of this chapter and that they provide visually pleasing settings for structures on the site and on adjoining and nearby sites, and blend harmoniously with the natural landscape;

4. Prevent excessive and unsightly grading of hillsides, and preserve natural landforms and existing vegetation; and

5. Ensure compliance with citywide objective design standards;

6. Ensure compliance with city-wide design guidelines.” Section 6. This ordinance is consistent with the following General Plan Goals and

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Attachment: Proposed Ordinance (Residential Objective Design Standards Ordinance Amendment) 3 Policies:
a. Community Development Goal 1 – Preserve and enhance residential neighborhoods.

The proposed amendment will establish design standards applicable to all residential projects, including those that qualify for expedited ministerial review, pursuant to state law, without the benefit of the discretionary Architectural Review process. Thus, the establishment of design standards will ensure that aesthetics will be preserved and enhanced throughout the City’s residential neighborhoods. b. Community Development Policy 3B - Require new development to adhere to high standards of quality in design.

The proposed amendments will establish design standards applicable to new residential development, thereby ensuring that the high quality design standards adopted are appropriately administered to all residential projects, including those that qualify for expedited ministerial review, pursuant to state law, and therefore are not subject to the City’s Architectural Review process.

Section 7. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

Section 8. This ordinance shall be effective 30 days after its adoption.

Section 9. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the four places designated 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 21st day of March, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 4
th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
_____________________________________
DANIELLE HABR, City Clerk

7.6.a
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Attachment: Proposed Ordinance (Residential Objective Design Standards Ordinance Amendment)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ ADDING SECTION 9.45.125 (MINIMUM

PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS) TO ARTICLE I (REGULATION OF SMOKING) OF CHAPTER 9.45 (TOBACCO

PRODUCTS AND ELECTRONIC SMOKING DEVICES) OF THE

PLEASANT HILL MUNICIPAL CODE

SYNOPSIS
On March 21, 2022, the City Council introduced the proposed ordinance adding minimum package sizes for little cigars (cigarillos) and cigars that may be sold by tobacco retailers in Pleasant Hill. These minimum package sizes are similar to regulations found in Contra Costa County’s Code and are intended to reduce the accessibility of cigars and little cigars (cigarillos) to minors and the public generally in the interest of protecting the public health, safety, and welfare.

This ordinance is unchanged from March 21, 2022 and is now ready for adoption (second reading).

DISCUSSION
Background/Analysis
On February 7, 2022, the Pleasant Hill City Council adopted 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. During the public hearing on the proposed revisions to the municipal code, it became apparent that the public health, safety, and welfare would benefit from further regulations for cigars and little cigars (cigarillos) to reduce the accessibility of these products to minors and the public generally.

The City Council directed staff to return to the Council with additional regulations similar to Contra Costa County’s regulations regarding minimum package sizes for cigars and little cigars (cigarillos). The proposed ordinance differs from the County’s regulations in that it increases the minimum number of little cigars in a package to twenty and increases the minimum price of an individual cigar to $7.50 before that type of cigar would be exempt from the minimum package requirement of ten cigars in a package.

At the March 21, 2022 City Council meeting, the Council introduced the proposed ordinance and it is now ready for adoption (second reading).

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As with the code revisions found in Ordinance No 952 regarding flavored tobacco products and electronic smoking devices, this ordinance, if adopted, will go into effect on January 1, 2023.

FISCAL IMPACT
There are no fiscal impacts as a result of the proposed ordinance.

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 adopt the proposed ordinance.

ALTERNATIVES TO RECOMMENDED ACTION
Council may decide to not adopt the proposed ordinance and provide further direction to staff.

ATTACHMENT(S):

A) Proposed Ordinance
Prepared by: Janet Coleson, City Attorney
Reviewed by: June Catalano, City Manager

7.7 Packet Pg. 90
1 ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADDING SECTION 9.45.125 (“MINIMUM PACKAGE SIZE FOR LITTLE CIGARS AND CIGARS”) TO ARTICLE I (“REGULATION OF SMOKING”) OF CHAPTER 9.45 (“TOBACCO PRODUCTS AND ELECTRONIC SMOKING DEVICES”) OF THE PLEASANT HILL

MUNICIPAL CODE
WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, and welfare of their citizens; and
WHEREAS, on February 7, 2022, the City Council of the City of Pleasant Hill adopted Ordinance No. 952 amending Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices”) of the Pleasant Hill Municipal Code to prohibit the sale of flavored tobacco products and electronic smoking devices; and
WHEREAS, consistent with the provisions enacted by Contra Costa County under Division 445 of the Contra Costa County Code, this Ordinance further amends Chapter 9.45 of the Pleasant Hill Municipal Code to reduce the accessibility and exposure of tobacco products, including cigars, little cigars, and cigarillos, to minors and the public generally by establishing regulations relating to minimum package size for little cigars and cigars; and WHEREAS, the City Council finds that the proposed amendments to Pleasant Hill Municipal Code Chapter 9.45 are necessary for the protection of the public health, safety, and welfare.

NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. Article I (“Regulation of Smoking”) of Chapter 9.45 (“Tobacco Products and Electronic Smoking Devices) of the Pleasant Hill Municipal Code is hereby amended by adding Section 9.45.125 (“Minimum Package Size for Little Cigars and Cigars”), to read as follows:

9.45.125 Minimum Package Size for Little Cigars and Cigars.

No tobacco retailer may sell to a consumer any of the following:

A. Any little cigar unless it is sold in a package of at least twenty little cigars.

B. Any cigar unless it is sold in a package of at least ten cigars. This subsection does not apply to a cigar that has a price of at least seven dollars and fifty cents ($7.50) per cigar, including all applicable taxes and fees.

Section 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance.

The City Council hereby declares that it would have passed this Ordinance and each section,

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Attachment: Proposed Ordinance (Proposed Smoking Ordinance Amendment) 2 subsection, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

Section 3. Any provision of the Pleasant Hill Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance.

Section 4. The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act (“CEQA”) because its provisions will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines Section 15060(c)(2)), and it can be seen with certainty that there is no possibility that the Ordinance will have a significant impact on the environment (CEQA Guidelines Section 15061(b)(3)).

Section 5. This Ordinance shall become effective on January 1, 2023.

Section 6. Within fifteen days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three places designated 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 on the 21st day of March, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the ______th day of ________________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
______________________________________
DANIELLE K. HABR, City Clerk

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Attachment: Proposed Ordinance (Proposed Smoking Ordinance Amendment)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING CONTINUED

PARTICIPATION IN THE STORMWATER POLLUTION

MANAGEMENT UTILITY DISTRICT AND AUTHORIZING THE

CONTRA COSTA COUNTY FLOOD CONTROL AND WATER
CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2022/23

STORMWATER UTILITY AREA FEE FOR THE CITY OF PLEASANT
HILL

SYNOPSIS
The City of Pleasant Hill participates in the Contra Costa Clean Water Program (CCCWP), which was formed to enable jurisdictions to perform local and countywide clean water activities cost-effectively. The Contra Costa County Flood Control and Water Conservation District (Flood Control District) collects a stormwater utility fee through the property tax roll, on behalf of the City, to fund these activities. In order for the Flood Control District to collect these fees, the City is required to set the Stormwater Utility Assessment (SUA) rate by May of each year.

Staff recommends the City Council adopt the attached resolution, which renews the SUA rate for Fiscal Year 2022/23.

DISCUSSION
Background
In 1993, the City Council authorized the Flood Control District to create a Stormwater Pollution Management Utility District to collect fees on the City’s behalf, under Contra Costa County’s SUA Drainage Ordinance No. 93-47. The fees are collected through the property tax roll, and are used to fund clean water activities (including, but not limited to, regulating new development, inspections, public education, and water quality monitoring). The San Francisco Bay Regional Water Quality Control Board (RWQCB) under the Federal Water Pollution Control Act, through a countywide National Pollutant Discharge Elimination System (NPDES) permit mandates these activities. The permit is issued to the Contra Costa Clean Water Program (CCCWP) with the City of Pleasant Hill as a co-permittee (as well as all 18 incorporated Contra Costa cities, the unincorporated County, and the Flood Control District).

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Pursuant to the Stormwater Utility Area Agreement executed with the Flood Control District in 2003, the City must set the SUA rate by May of each year. The SUA rate is based on the Equivalent Runoff Unit (ERU), which is the amount of runoff generated from a typical singlefamily home. Other land uses are assessed a fee based on their typical impervious surface area as a multiple of the ERU. Based on Flood Control District projections, there are approximately 16,400 ERUs in the City.

Analysis
Since 2001 the rate set by the City Council has been $30 per ERU, which is the maximum authorized by the Stormwater Pollution Management Utility District when it was formed in 1993. Based on the estimated 16,400 ERUs in the City, approximately $492,000 in revenue will be generated. The revenue generated (Fund 19) provides funding for the ongoing implementation of local and countywide NPDES permit requirements and local storm drain and creek maintenance programs. The Municipal Regional Permit (MRP), adopted in 2009, added enhanced requirements (i.e. more outreach, watershed monitoring, illicit discharge control, installation and maintenance of trash capture devices, and development of a long-term zero trash plan).

The new MRP (MRP 2.0) was re-issued on November 19, 2015, with additional requirements that went into effect on January 1, 2016. These requirements included:
• Trash reduction goal of 80% by June 2019. This goal was met by the City; to date over 83% trash reduction has been achieved and staff is considering several different options in preparation to meet the 100% trash reduction goal requirement for June 2025. • Development of a Green Infrastructure Plan (Plan):

1. The first step was to develop a Green Infrastructure Framework (GIF), which the City Council approved on May 15, 2017. The GIF identifies potential and future capital projects that can implement green infrastructure improvements.

2. The next step was to finalize the Plan by June 2019, which the City completed ahead of the schedule. The Plan was intended to fund and design capital projects that include stormwater treatment facilities. The City has implemented similar types of projects recently (Geary Road project, Buskirk Improvement project). These projects treat runoff within landscape areas prior to entering the storm drain system. City staff has identified the Linda Ditch Improvement project (currently seeking grant funds) and other capital projects as green infrastructure projects to help meet the goal and permit requirements. • Reduction of PCB’s and Mercury: The requirements and goals set by RWQCB will be achieved through green infrastructure projects; identifying countywide contaminated hotspot sites for credit; and developing countywide abatement guidelines for building demolition permits that local jurisdictions would implement to capture/abate PCB and Mercury containing materials during demolition projects. CCCWP and other local jurisdictions continue efforts with the RWQCB to obtain an exception to this requirement as CCCWP staff confirmed that thereare no hotspot parcels within any of the 18 incorporated cities or in

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Contra Costa County that require removal of such a large amount of PCB or Mercury per the current requirement.

The RWQCB staff is working on the NPDES (MRP3) permit planned to be adopted in May 2022 and effective July 1, 2022. The Contra Costa Program and other Bay Area Programs and member permittees are currently engaged in negotiations with the RWQCB Staff on the terms of that new permit.

FISCAL IMPACT
The proposed action provides approximately $492,000 in revenue to fund ongoing implementation of local and countywide NPDES permit requirements. Future cost analysis to implement new permit requirements is underway and has not been determined to date.

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, approving the continued participation in the Stormwater Pollution Management Utility District and authorizing the Contra Costa County Flood Control and Water Conservation District to adopt the Fiscal Year 2022/23 Stormwater Utility Area Fee for the City of Pleasant Hill.

ALTERNATIVES TO RECOMMENDED ACTION
Should the Stormwater Utility Area Rate not be renewed for FY 2022/2023, there would be a loss of $492,000 in revenues to fund and implement local and countywide NPDES permit requirements. The City would need to fund these activities to comply with other funding sources or potentially be subject to fines.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ananthan Kanagasundaram, Interim City Engineer Reviewed by: Ethan Bindernagel, Director of Community Development/Assistant City Manager Approved by: June Catalano, City Manager

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RESOLUTION NO. ___-22

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

APPROVING CONTINUED PARTICIPATION IN THE STORMWATER POLLUTION

MANAGEMENT UTILITY DISTRICT AND AUTHORIZING

THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO ADOPT THE FISCAL YEAR 2022/23 STORMWATER UTILITY AREA

FEE FOR THE CITY OF PLEASANT HILL
WHEREAS, the Federal Water Pollution Control Act requires that stormwater discharges in urbanized areas be regulated by a National Pollution Discharge Elimination System (NPDES) permit; and
WHEREAS, in 1993, the City of Pleasant Hill authorized the Contra Costa County Flood Control and Water Conservation District (Flood Control District) to establish a Stormwater Pollution Management Utility District to fund NPDES permit activities; and WHEREAS, the Flood Control District established Stormwater Utility Areas under Contra Costa County’s Stormwater Utility Assessment (SUA) Drainage Ordinance No. 93-47; and WHEREAS, in 2003, the City of Pleasant Hill and the Flood Control District executed a Stormwater Utility Area Agreement which specifies that revenue be used to NPDES activities, and WHEREAS, the City of Pleasant Hill, as a member of the Contra Costa Clean Water Program, is required to implement NPDES permit activities that minimize the discharge of pollutants; and
WHEREAS, the Stormwater Utility Area agreement between the City of Pleasant Hill and the Flood Control District requires the City of Pleasant Hill to determine the annual SUA rate in its Stormwater Utility Area; and
WHEREAS, the SUA rate is based on the Equivalent Runoff Unit (ERU); and WHEREAS, it is the intent of the City of Pleasant Hill to utilize funds received from its Stormwater Utility Area for complying with NPDES permit conditions (MRP 2.0), preventing stormwater pollution and performing drainage system maintenance activities.

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

1. The City Council desires to continue participation in the Stormwater Pollution Management Utility District and determines that the SUA rate to be assigned to a single ERU for fiscal year 2022/23 shall be set at $30.

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Attachment: Proposed Resolution (Stormwater Pollution Management Utility District Area Fee)

2. The City Council authorizes the Flood Control District to adopt Stormwater Utility Area fees on behalf of the City of Pleasant Hill.

3. The City of Pleasant Hill shall continue to participate in the implementation of the NPDES permit activities and agrees to provide support and to share costs associated with the implementation of countywide activities.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of April 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.8.a
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Attachment: Proposed Resolution (Stormwater Pollution Management Utility District Area Fee)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT FOR FY 2020/21-2022/23
WITH RSG, INC. FOR FINANCIAL AND ADMINISTRATIVE SERVICES

FOR THE REDEVELOPMENT AND HOUSING SUCCESSOR

AGENCIES

SYNOPSIS
The proposed resolution grants authorization for the City Manager to execute an amendment to an existing professional services agreement with RSG, Inc. to perform financial analysis and provide financial and administrative support for the Successor Agency to the Pleasant Hill Redevelopment Agency (Successor Agency) and the Housing Successor Agency to the Redevelopment Agency (Housing Successor Agency).

DISCUSSION
Background
The Redevelopment Successor Agency (“RSA”) oversees the winding down of financial affairs of the former Redevelopment Agency, including payments of remaining debt obligations incurred by the Redevelopment Agency. The Housing Successor Agency (“HSA”) oversees the former Redevelopment Agency’s affordable housing assets and obligations.

RSG, Inc., was selected in 2015 as the RSA and HSA administrative and financial consultant through a competitive process and has successfully and satisfactorily completed the scope of their original and subsequent contracts.

RSG has completed the scope work authorized under Year 1 (FY 2020/21) and a substantial portion of work authorized under Year 2 (FY 2021/22) of the existing agreement. Over the first half of FY 2021/22, there has been an increased amount of housing related activities that were not originally anticipated, such as reviewing middle-income housing proposals, and additional compliance monitoring of existing and future affordable housing within the City. Thus, the City would like RSG to conduct additional HSA-related work to assist with compliance monitoring; assist with the SAHA construction loan; perform due diligence on two Habitat for Humanity

7.9 Packet Pg. 98
projects; and perform other related tasks as needed, such as review middle-income housing proposals.

Additional funding of $12,500 for Year 2 and $15,000 for Year 3 for a new a total not to exceed amount of $163,500 is necessary to complete the additional scope of work described in the First Amendment to the agreement (attached) and listed below:

Item Year 1
(2020/2021)
Year 2
(2021/2022)
Year 3
(2022/2023)
TOTAL
Affordable Housing $36,000 $25,000
$37,500
$15,000
$30,000
$76,000
$103,500
Successor Agency $20,000 $20,000 $20,000 $60,000
TOTAL $56,000 $45,000
$57,500
$35,000
$50,000
$136,000
$163,500
Analysis
RSG is specially trained, experienced, and competent to perform the scope of work and has demonstrated expertise specific to Pleasant Hill’s Successor Agencies. RSG has proposed to complete the expanded scope of work for the remaining 14 months of the agreement at the cost described above, which staff believes is a reasonable and competitive cost. Staff is therefore requesting the City Council’s authorization to amend the agreement with RSG by $27,500.

FISCAL IMPACT
Adoption of the proposed resolution and execution of the proposed agreement will result in an amended multi-year professional services agreement with a not-to-exceed cost of $163,500 budgeted in the RPTTF - Successor Agency Fund and the Low and Moderate Income Housing Asset Fund. The Successor Agency receives $250,000 of property tax revenue annually from the Contra Costa County Auditor-Controller and California Department of Finance to cover the Successor Agency’s administrative expenses, including staff time and the cost of professional services agreements. Housing related work will be funded from the Low and Moderate Income Housing Fund.

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
Do not adopt the proposed resolution and provide direction to staff.

7.9 Packet Pg. 99
ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - First Amendment to the Agreement
Prepared by: Danielle K. Habr, Principal Management Analyst Reviewed by: Troy Fujimoto, City Planner
Ethan Bindernagel, Community Development Director/Assistant City Manager (and Executive Director of the Redevelopment Successor Agency) Approved by: June Catalano, City Manager

7.9 Packet Pg. 100
RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. FOR FY 2020/21 THROUGH FY 2022/23 FOR FINANCIAL AND ADMINISTRATIVE SERVICES FOR THE

REDEVELOPMENT AND HOUSING SUCCESSOR AGENCIES
WHEREAS, the City Council authorized an agreement with RSG, Inc. to provide financial analysis, reporting, and administrative support to the Redevelopment and Housing Successor Agencies for three fiscal years, FY 2020/21, FY 2021/22, and FY 2022/23, at a cost not to exceed $136,000 for the three-year term as described in the original agreement; and WHEREAS, additional work is needed for the Housing Successor Agency in FY 2021/22 and FY 2022/23 to assist with compliance monitoring and the SAHA construction loan, perform due diligence on two Habitat for Humanity projects, and complete other housing-related tasks as needed; and
WHEREAS, additional funding of $12,500 in FY 2021/22 and $15,000 in FY 2022/23 is needed to complete the additional scope of work; and
WHEREAS, the City as Successor Agency receives $250,000 of property tax annually from the Contra Costa County Auditor-Controller and California Department of Finance to cover the Successor Agency’s administrative expenses, such as staff time and professional services agreements and funding is also available in the Low and Moderate Income Housing Asset Fund for housing-related work.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that the City Manager is authorized to execute an amendment (Exhibit 1) to the professional services agreement with RSG, Inc. ending June 30, 2023, for a new total cost not to exceed $163,500.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4
th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

7.9.a
Packet Pg. 101 Attachment: Proposed Resolution (RSG Agreement Amendment 1 for FY 2021/22-2022/23) 1 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PLEASANT HILL AND RSG, INC.

This First Amendment to the Agreement for Professional Services between the City of Pleasant Hill and RSG, Inc., is made on April 5, 2022 by and between the City of Pleasant Hill ("City") and RSG, Inc. ("Consultant").

1. Section 1, Scope of Services, is hereby amended to:
a. Add the following four new tasks to Exhibit A, RSG Scope of Services and Schedule of Charges, Affordable Housing Services and remove existing Task 7, “Other tasks as may be assigned by staff ”:
• Assist with resolving non-compliance at two properties and assist with compliance monitoring at one new property (The Post acquired by Novin Development). • Assist with the SAHA construction loan.
• Perform due diligence on two Habitat for Humanity projects. • Other housing-related tasks as needed, such as review middle-income housing proposals.
b. Increase the Year 2 (FY 2021/22) Affordable Housing Budget from $25,000 to $37,500 to accommodate the new tasks above.
c. Increase the Year 3 (FY 2022/23) Affordable Housing Budget from $15,000 to $30,000 to reflect accurate costs of the existing scope of service in addition to the additional costs of the new tasks above.

2. Section 2, Compensation, is hereby amended in its entirety to read as follows:
“Compensation to Consultant to be paid to Consultant shall be in accordance with the Schedule of Charges Set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $163,500 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.”

3. All other provisions of the Agreement shall remain in effect.

IN WITNESS WHEREOF, the parties have caused this First Amendment to the Agreement for Professional Services to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By (signature):

June W. Catalano, City Manager Name/Title: Jim Simon/Principal Business License #: 0000041411
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Danielle K. Habr, City Clerk

7.9.b
Packet Pg. 102 Attachment: Exhibit 1 - First Amendment to the Agreement (RSG Agreement Amendment 1 for FY 2021/22-2022/23) 2 EXHIBIT A

SCOPE OF SERVICES AND SCHEDULE OF CHARGES

AFFORDABLE HOUSING SERVICES

1. Assistance on the underwriting, preparation, consideration, and oversight of a proposed disposition and development agreement with Habitat for Humanity for development of 85 Woodsworth Lane. City Council consideration to occur in FY 2020-21 and, if approved, construction anticipated to obtain entitlements by July 2023.

2. Assistance on the underwriting, preparation, consideration, and oversight of a proposed affordable housing agreement with Habitat for Humanity for the development of 250 Cleaveland Road. City Council consideration to occur in FY 2020-21 and, if approved, construction anticipated to obtain entitlements by July 2023.

3. Assistance with underwriting, preparation, and consideration of a request for gap financing for a senior housing project with Satellite Affordable Housing Associates (“SAHA”) (Choice in Aging (“CiA”) site) at 490 Golf Course Road. City Council consideration of gap financing anticipated to occur before July 2023.

4. Ongoing annual reporting services of the City as housing successor to the former redevelopment agency, including the annual housing expenditure report due April 1.

5. Preparation of staff reports and resolutions as required for the above activities.

6. Compliance monitoring of 716 Stubbs Road (Upper Unit of Triplex), Garden Park Apartments, Grayson Creek Apartments, Hookston Manor Senior Apartments, Iron Horse Apartments (aka Lincoln Green Apartments), Villa Montanaro Apartments, and one Homeownership Unit by desk review.

7. Assist with resolving non-compliance at two properties and assist with compliance monitoring at one new property (The Post acquired by Novin Development).

8. Assist with the execution and monitoring of the SAHA construction loan.

9. Perform due diligence on two Habitat for Humanity projects.

10. Other housing-related tasks as needed, such as review middle-income housing proposals.

SUCCESSOR AGENCY SERVICES

1. Preparation of three annual Prior Period Adjustments (“PPAs”) due in October 1, beginning with PPA for FY 2018-19 due October 1, 2020.

2. Preparation of three annual Recognized Obligation Payment Schedules (“ROPS”) (due February 1 of each year) beginning with ROPS 2021-22 due February 1, 2021, and transmittal to staff, the Oversight Board, and finally the Department of Finance), including a review and analysis on suggested next steps.

3. Respond to technical and factual inquiries from staff, the Oversight Board, the Department of Finance, and the County Auditor-Controller.

7.9.b
Packet Pg. 103 Attachment: Exhibit 1 - First Amendment to the Agreement (RSG Agreement Amendment 1 for FY 2021/22-2022/23) 3 4. Computation and assistance with RPTTF (reimbursement) payments to DPH Noteholder LLC (Downtown Pleasant Hill), Beaufort Partners LP (Kohl’s), and PH Holdings (Friedman’s).

5. Preparation of staff reports, resolutions, policy documents, and other supporting materials, as necessary, for Oversight Board and Successor Agency meetings.

6. Other Successor Agency items as directed by staff.

Fee Proposal, Billing Rates, and Invoices:

Based on the forgoing and assumed implementation schedule, RSG is proposing a 3-year budget as shown below:

Item Year 1
(2020/2021)
Year 2
(2021/2022)
Year 3
(2022/2023)
TOTAL
Affordable Housing $36,000 $37,500 $30,000 $103,500
Successor Agency $20,000 $20,000 $20,000 $60,000
TOTAL $56,000 $57,500 $50,000 $163,500
Billing Rate Schedule
Principal / Director $235
Senior Associate $180
Associate $160
Senior Analyst $135
Analyst $125
Research Assistant $110
Technician $80
Clerical $60
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.

However, we do charge for messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five copies. These costs are charged back at the actual expense plus a 10% surcharge.

RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.

Invoices identify tasks completed to date, hours expended, and the hourly rate.

7.9.b
Packet Pg. 104 Attachment: Exhibit 1 - First Amendment to the Agreement (RSG Agreement Amendment 1 for FY 2021/22-2022/23)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 APPROVING AN AMENDMENT TO THE ANNUAL BUDGET FOR FISCAL YEAR 2021/22 FOR PLEASANT

HILL RECREATION AND PARKS DISTRICT SPECIAL EVENT

SPONSORSHIPS

SYNOPSIS
The annual budget for fiscal year 2021/22 was adopted by the City Council on June 22, 2021.

Staff has identified the need for an additional appropriation of $2,250 to the budget for FY 2021/22 to sponsor Pleasant Hill Recreation and Parks special events.

DISCUSSION
The Pleasant Hill Recreation and Parks District submitted the attached Sponsorship Request Letter to the City on March 10th, 2022 for an event sponsorship package totaling $10,250.

On March 15, 2022, the Budget Committee considered the event sponsorship package, and recommended that the City Council approve the request. The sponsorships would be paid from the General Fund and would include a $2,250 adjustment to the FY 2021/22 budget (per the attached resolution), and the remaining $8,000 in sponsorships would be for events occurring in FY 2022/23 and would be included in the FY 2022/23 and 2023/24 two-year budget. Several of the special events have been organized by the District for many years, while some of the events are new. New events are labeled as such in the table below and in the attached letter.

The Recreation and Parks District has organized several successful special events over the years.

These events enhance the quality of life for Pleasant Hill residents and support the local economy by bringing additional people into the area, who may choose to shop and eat at nearby businesses.

8.1 Packet Pg. 105

SPECIAL EVENTS SPONSORSHIP PACKAGE SUMMARY
FY 2021-2022
Underwater Egg Hunt April 2, 2022 $500
“Egg”-Citing Egg Hunt April 16, 2022 $750
Aloha Family Luau - NEW! May 6, 2022 $500
Family Camp Out June 18-19, 2022 $500
$2,250
FY 2022-2023
Blues & Brews Friday KidZone July 15, 2022 $3,000
Blues & Brews Friday KidZone July 15, 2022 $1,500
Sunset Cinema Movie In The Park - NEW! August 6, 2022 $500 Tinkers & Thinkers Innovation Faire September 17, 2022 $1,500 Haunted Trail in PH Park - NEW! October 28, 2022 $1,000 Breakfast with Santa December 3, 2022 $500
$8,000

FISCAL IMPACT
If approved, the proposed adjustment will result in General Fund appropriations of $2,250 for FY 2021/22 and $8,000 in FY 2022/23. To the extent that the special events spur additional economic activity, such as food and retail sales at nearby businesses, the General Fund could see an indirect positive impact through additional sales and business tax revenues.

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 amending the FY 2021/22 budget for proposed adjustment to appropriations as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the resolution amending the FY 2021/22 budget.

ATTACHMENT(S):

Proposed Resolution
Pleasant Hill Recreation and Parks District Sponsorship Request Letter Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

8.1 Packet Pg. 106
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ADOPTING AN AMENDMENT TO THE ANNUAL BUDGET FOR FY 2021/22 WHEREAS, the City Council adopted the FY 2021/22 budget on June 21, 2021; and WHEREAS, City Council desires to amend the budget for FY 2021/22.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, a $2,250 budget amendment for the FY 2021/22 General Fund to provide sponsorships for Pleasant Hill Recreation and Park District special events is hereby adopted.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4th day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL HARRIS, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.1.a
Packet Pg. 107 Attachment: Proposed Resolution (Rec and Park Special Event Sponsorship) Pleasant Hill Recreation & Park District
2022 EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
Thank you for your interest in sponsoring Pleasant Hill Rec & Park community special events. The following proposal outlines recommended sponsorship opportunities to expand your community outreach post-pandemic. Now, more than ever, people of all ages want more opportunities to get outside and play! Together, we can help bring back the fun this year.

Click here to view Sponsorship Investment Summary
Event sponsorship details are listed below:
2021-2022 (Q3 & Q4)
Sponsorship Opportunities
Underwater Egg Hunt (April 2)
New Sponsorship: Sprayground & On Deck Games & Activities $500 In-person potential Reach: 100 participants + parents
Sponsorship includes:
 Sponsorship recognition signage on day of event at Sprayground and deck activity area that includes E. Bunny photo op, inflatables and water fun.  “Sponsor Egg” with a special prize inside (e.g. free family swim pass). Egg will have sponsor logo on a sticker or special color (gold or silver)  Sponsor receives recognition with logo where applicable on all printed material including flyers, posters, banners and multi-channel digital promotions (website, email, social media-FB & IG)
 4 free admissions
Egg “Citing” Egg Hunt (April 16)
New Sponsorship: Bunny Zone $750
In-person reach: 825 participants + parents
Sponsorship includes:
 Sponsor recognition signage in Bunny Zone activity area that includes E. Bunny photo op and outdoor large-scale games (e.g. oversized Jenga, Connect 4, etc.)  A “Sponsor Egg” in each age category with a special prize inside. Egg will have sponsor logo on a sticker.
 Sponsor receives recognition with logo where applicable on all printed material including flyers, posters, banners and multi-channel digital promotions (website, email, social media-FB & IG)
 (Optional) 10’x10’ space to set up promotional booth (must supply own canopy & table). Recommend providing give-a-way like bunny ears or bunny glasses.  4 free admissions

8.1.b
Packet Pg. 108 Attachment: Sponsorship Request Letter (Rec and Park Special Event Sponsorship) Pleasant Hill Recreation & Park District
2022 EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
NEW! Aloha Family Luau (May 6)
New Sponsorship: Dessert Paradise $500
In-person potential reach: 120 participants (may open to allow more participants) Sponsorship includes:
 Sponsor recognition signage on “Dessert Paradise” bar, one of the most popular features of the luau.
 Sponsor receives recognition with logo where applicable on all printed material including flyers, posters, banners and multi-channel digital promotions (website, email, social media-FB & IG)
 4 free admissions
Pleasant Hill Family Campout (June 18-19)
Sponsorship: Movie Popcorn & Candy $500
In-person potential reach: 200 participants
Sponsorship includes:
 Sponsor hosts free popcorn and candy for the free movie shown at the campout.

Bags will have Sponsor logo.
 Sponsor receives recognition with logo where applicable on all printed material including flyers, posters, banners and multi-channel digital promotions (website, email, social media-FB & IG)
 4 free admissions
2022-2023 (Q1 & Q2)
Sponsorship Opportunities
Friday Night Blues & Brews Festival Kickoff Party 2022 (July 15) Sponsorship: Kids Zone Sponsor (only two available) $3,000 In-person potential reach: 1,000+ participants
Sponsorship includes:
 Large Sponsorship banner displayed prominently above the Kidzone area to maximize visibility
 Sponsor receives recognition with logo where applicable on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB & IG)
 (Optional) 10’x10’ space to set up promotional booth in the Kidzone area (must supply own canopy & table). Sponsor encouraged to distribute kid-friendly promotional give-a-ways

8.1.b
Packet Pg. 109 Attachment: Sponsorship Request Letter (Rec and Park Special Event Sponsorship) Pleasant Hill Recreation & Park District
2022 EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
11th Annual Blues & Brews Festival Main Event 2022 (July 16) Sponsorship: Cooling Station Sponsor $1,500
In-person potential reach: 2,500+ participants
Sponsorship includes:
 Sponsorship banner displayed prominently above the Cooling Station to maximize visibility.
 Sponsor receives recognition with logo where applicable on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB, & Instagram)
 (Optional)10’x10’ space to set up booth in vendor area (Must supply own canopy & table). Sponsor encouraged to distribute promotional give-a-ways  2 VIP access passes to Beer tent including a new “VIP Oasis Experience” NEW in 2021! Sunset Cinema Movie In The Park (August 6) Sponsorship: Main Event Sponsor $500
In-person potential reach: 200+ participants
Sponsorship includes:
 Sponsorship recognition with logo in Movie Trailer played prior to movie  Sponsor receives recognition with logo, where applicable, on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB & IG)
Tinkers & Thinkers Innovation Fair (September 17)
Sponsorship: Maker Box Sponsorship $1,500
In-person potential reach: 1,500+ participants
Sponsorship includes:
 Sponsor logo built into the design of custom maker boxes distributed to participants to build projects from home.
 Sponsor receives recognition with logo, where applicable, on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB,& IG)

8.1.b
Packet Pg. 110 Attachment: Sponsorship Request Letter (Rec and Park Special Event Sponsorship) Pleasant Hill Recreation & Park District
2022 EVENT SPONSORSHIP PROPOSAL
City of Pleasant Hill
NEW in 2021! Haunted Trail in Pleasant Hill Park (October 28) Sponsorship: Goody Bag Sponsor $1,000
In-person potential reach: 1,500+ participants
Sponsorship includes:
 Sponsor goody bag distributed to all participants at the end of the trail. Bag will have sponsor logo sticker or mini flyer inside.
 Sponsor recognition signage at goody bag pick-up station.  Sponsor receives recognition with logo, where applicable, on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB & IG)
 (Optional) 10’x10’ space to set up Halloween-theme booth (must supply own canopy & table)
Breakfast with Santa (December 3) (2 seatings)
Sponsorship: Holiday Craft Kit $500
In-person potential reach: 150+ participants
Sponsorship includes:
 Sponsor holiday craft kit distributed to all participants. Kit will have sponsor logo sticker or mini flyer inside.
 Sponsor recognition signage at event
 Sponsor receives recognition with logo, where applicable, on all printed material (flyers, posters, banners) and multi-channel digital promotions (website, email, social media—FB & IG)

8.1.b
Packet Pg. 111 Attachment: Sponsorship Request Letter (Rec and Park Special Event Sponsorship)

CITY COUNCIL STAFF REPORT
Meeting Date: April 04, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___ -22 APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF: (1) AFFORDABLE HOUSING

REGULATORY AGREEMENT BETWEEN THE CITY OF PLEASANT
HILL AND THE POST PRESERVATION LP (THE “DEVELOPER”) TO
PRESERVE 50% OF THE UNITS AT THE POST APARTMENTS (1460
CONTRA COSTA BLVD; APN 127-050-070-3) (THE “PROJECT”) FOR LOW-INCOME HOUSEHOLDS EARNING 80% OR LESS OF AREA
MEDIAN INCOME FOR A PERIOD OF 10 YEARS; (2) LOAN TO THE DEVELOPER IN THE AMOUNT OF $10,000 TO FACILITATE

ACQUISITION OF THE PROJECT

SYNOPSIS
In early January, Iman Novin, President of Novin Development Corporation (“Developer”), an affordable housing developer, approached City staff with a proposal to preserve existing, naturally occurring affordable housing for low-income residents of The Post apartment complex at 1460 Contra Costa Boulevard. As presented to staff, the Developer has volunteered to enter into a 10- year regulatory agreement with the City to preserve 50 percent of the leasable apartments (35 units) for income-qualified households earning 80 percent or less of Area Median Income (AMI).

The Developer has also requested a loan of $10,000 from the City of Pleasant Hill to facilitate acquisition of the asset and potentially qualify the property for a welfare tax exemption to preserve affordability.

DISCUSSION
Background
The Post Apartments is a three-story, 71-unit1apartment complex constructed in 1961 on 1.34 acres at 1460 Contra Costa Boulevard, adjacent to the north of the Sherwin Williams and TAP Plastics business locations. Within the 41,000-square-foot apartment complex, there are 39 onebedroom, 25 two-bedroom, and seven three-bedroom units ranging from approximately 450 square feet to 950 square feet in size. Amenities include an onsite pool, picnic and barbecue areas, and other recently refurbished common area enhancements. Additionally, the complex has been

1 Of the 71 apartments onsite, 70 are leasable to tenants, and one unit, reserved for the property manager, will not be leased or subject to any income restrictions.

9.1 Packet Pg. 112
rehabilitated recently: the roof was replaced, the building façade and landscaping were refreshed, and several units were refinished within the last five years.

Analysis
Overview of the Proposal
The Developer is in negotiations to purchase The Post Apartments from the current property owner, PTLA Real Estate Group, which acquired the complex in 2016 for approximately $22,500,000, and is actively marketing the asset for sale. Novin Development Corporation has expressed an interest in acquiring The Post to preserve the existing, naturally occurring affordable housing in the City and avoid displacing the existing low-income residents, many of whom earn less than 80 percent of AMI. The Developer contends that existing tenants would be unlikely to afford any potential rent increases associated with acquisition of the asset by a market rate developer.

As part of its approach to the creation of new, or preservation of existing affordable housing opportunities in the Bay Area, Novin Development has teamed with national affordable housing non-profit, Enterprise Community Partners, to finance the acquisition of The Post complex.

Further, the Developer has approached local non-profits to join the effort to provide additional services and housing opportunities onsite for underserved or vulnerable populations at The Post, including low-income veterans. As previously noted, the site is generally in good condition and was recently refurbished, including upgrades to common areas and the interiors of several units onsite.

Financial Liability for the City
Welfare Tax Exemption. The Developer is pursuing a strategy that allows immediate acquisition of the asset and preservation of the existing affordable rents through a combination of capital investment from Enterprise Community Partners and approval of a welfare tax exemption (property tax abatement) from the State Board of Equalization. Pursuant to California Revenue and Taxation Code, an applicant for a welfare tax exemption must demonstrate the following: 1) approval of a regulatory agreement; 2) financial contribution from local jurisdiction; and, 3) inclusion of a recognized non-profit as a general partner. The Developer is seeking the City Council’s assistance with the first two components (i.e., the affordable housing agreement and the $10,000 loan), and is actively pursuing a non-profit general partner to qualify its application for exemption to the State Board of Equalization.

Novin Development has indicated that tax abatement combined with the financial support of Enterprise would facilitate financing the project during the 10-year term of the agreement, or until the firm refinances through HUD or Low-Income Housing Tax Credits (LIHTC) issued by the California Tax Credit Allocation Committee, a process that can take five to seven years to materialize. If after 10 years, the Developer fails to secure alternative financing, the regulatory agreement would expire, and the asset would no longer be required to include the designated number of income-restricted units. However, should the Developer succeed in refinancing the deal within the term of the agreement, the firm has voluntarily offered to enter into a new regulatory agreement to preserve all of the units onsite for income-qualified households earning at or below 80 percent AMI.

9.1 Packet Pg. 113
Loan. City staff has identified Fund 34, the City’s In-Lieu Housing Fee Fund, as the appropriate source for this loan request. Fund 34 has a balance of approximately $568,000, of which $400,000 has been committed to Habitat for Humanity for development of affordable housing at 250 Cleaveland Road. The remaining balance is sufficient to provide the loan, if the City Council desires. According to the terms of the Promissory Note (see attachments), the $10,000 loan must be repaid in full within one year of the date of execution of the regulatory agreement.

Property Taxes. Based upon the most recent sales price, the current property owner paid approximately $225,000 in property taxes last year to the county taxing entities, of which the City received 5.66 percent, or approximately $12,750. If the project were to qualify for a welfare tax exemption, the discount in property taxes would correspond to the number of income-qualified households onsite, as verified through the City’s annual compliance process. Preliminary review of existing tenants’ incomes indicates that approximately two-thirds of The Post residents earn 80 percent or less of AMI. Using the sales price from 2016 and applying a discount of 66 percent, the City would have received approximately $4,250 in property tax revenue last year by comparison.

Staff notes that the property tax revenue will continue to diminish over the term of the agreement as more households qualify. Lastly, staff notes that if the Developer succeeds in refinancing the project with LIHTC, the entire property would automatically qualify for property tax abatement, and low-income affordability restrictions would apply to all units and extend for a period of 55 years. Using the most recent 2016 sales price as a basis, the estimated loss of property tax revenue to the City under this refinancing scenario would be at least $12,750 per annum.

Affordable Housing Agreement
Term. The term of the proposed regulatory agreement is 10 years during which time 50 percent of the units leased (35 units) will be reserved for low-income households that earn 80 percent or less of AMI, as verified through the City’s annual compliance monitoring process. Based on preliminary analysis of existing rent rolls, approximately 90 percent of the units are leased, and roughly two-thirds of households living in those occupied units earn at or below the low-income threshold.

Displacement. The agreement protects current residents from displacement, including those households earning more than 80 percent of AMI. Further, the agreement does not require residents to move if an increase in household income elevates them above the 80-percent threshold.

In that case, NDC would be required to reserve the next available unit of comparable size/amenity within the complex as an income-restricted unit for lease to an income-qualified household. The agreement requires notification of the City in the event this occurs.

Rent Increases. The terms of the regulatory agreement limit rent increases to the annual adjustments in the income limits for qualified households, as established by HUD and the State of California Department of Housing and Community Development. This condition is standard for the City’s affordable housing projects, and the City typically shares the HCD rent limits with property owners during the annual compliance monitoring process.

Duration and Administration. Affordability levels, income-restrictions, and other requirements, as memorialized in the regulatory agreement between the City and Developer, would remain in place for 10 years with the City responsible for monitoring and enforcement. As a term of the agreement, staff has negotiated an annual compliance monitoring fee of $150/unit made payable to

9.1 Packet Pg. 114
the City for each of the 35 apartments subject to income restrictions. The compliance monitoring ensures that the units remain available and affordable to income-qualified tenants, and the fee will offset the City’s cost of administering compliance with the regulatory agreement.

Agreements in Other Cities
NDC successfully executed a similar project with the City of Alameda in 2021 to acquire the 53- unit Surfside Apartments complex, a similarly situated naturally occurring affordable housing development. Though the terms of that deal were slightly different (e.g., 15-year term), the fundamentals were the same: affordable agreement and de minimis financial contribution in exchange for preservation of a percentage of the units for low-income households. In discussions with staff, the Developer also relayed that the City of Oakland has executed similar deals to preserve affordable housing.

Credit for Regional Housing Need Allocation (RHNA)
City staff does not believe this proposal can satisfy the terms of AB 787, the bill recently signed into law that allows a city to satisfy a small percentage of its Regional Housing Needs Allocation (RHNA) through affordable housing market-rate conversions. However, though the probability of success is low, there is a process by which the City can petition the Department of Housing and Community Development to receive RHNA credit for this preservation project. Novin Development has repeatedly expressed a willingness to work with City staff and HCD to explore this possibility further.

FISCAL IMPACT
The City’s in-lieu housing fund (Fund 34) has sufficient reserve balance to accommodate the request for a $10,000 loan, which must be repaid within one year of the execution of the regulatory agreement. Further, the City will receive from the Developer an annual compliance monitoring fee of $150/unit for each of the 35 units subject to income restrictions. The fee will offset the City’s cost of administering compliance with the regulatory agreement.

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.

CEQA
The California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), imposes no conditions on the City’s consideration and approval of this Agreement, because pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15378, and Public Resources Code Section 21065, funding of a proposal is not subject to environmental review under CEQA as it does not constitute a “project.” Further, it does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA.

9.1 Packet Pg. 115

RECOMMENDED ACTION
City staff recommends that City Council adopt the proposed resolution to: (a) execute an affordable housing regulatory agreement with the Developer to preserve 50 percent of the units at The Post Apartments (1460 Contra Costa Boulevard) for tenants earning 80 percent or less of Area Median Income for a period of 10 years; and (b) provide a loan of $10,000 to the Developer to facilitate acquisition and financing of the asset, subject to the terms of both the Promissory Note and Deed of Trust.

ALTERNATIVE TO RECOMMENDED ACTION
City Council may choose to decline to execute a regulatory agreement and deny the request for the loan, which may effectively nullify the Developer’s attempt to acquire the property and may result in the potential displacement of existing low-income residents of The Post Apartments.

ATTACHMENTS
Proposed Resolution authorizing execution of an affordable housing regulatory agreement, and approving a loan for $10,000 to assist in acquisition and financing of the project Exhibit 1 – Affordable Housing Regulatory Agreement
Exhibit A – Property Description
Exhibit B – Notice of Affordability
Exhibit 2 – Deed of Trust
Exhibit A – Property Description
Exhibit 3 – Promissory Note
Prepared by: Ethan Bindernagel, Director of Community Development / Assistant City Manager Approved by: June Catalano, City Manager

9.1 Packet Pg. 116
RESOLUTION NO. __-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING, AUTHORIZING, AND DIRECTING EXECUTION OF: (1) AFFORDABLE

HOUSING REGULATORY AGREEMENT BETWEEN THE CITY OF PLEASANT HILL AND THE POST PRESERVATION LP (THE “DEVELOPER”) TO PRESERVE 50 PERCENT OF THE UNITS AT THE POST APARTMENTS (1460 CONTRA COSTA BLVD; APN 127- 050-070-3) (THE “PROJECT”) FOR LOW-INCOME HOUSEHOLDS EARNING 80% OR LESS OF THE AREA MEDIAN INCOME FOR A PERIOD OF 10 YEARS; (2) LOAN TO THE DEVELOPER IN THE AMOUNT OF $10,000 TO FACILITATE ACQUISITION OF

THE PROJECT
WHEREAS, Novin Development has established the Post Preservation LP, a California limited partnership (the “Borrower”) for the purpose of acquiring and operating the Post Apartments (1460 Contra Costa Blvd.; APN 127-050-070-3) (the “Property”), rental apartments that shall include affordable rental units; and
WHEREAS, in order to acquire the asset and make it eligible for a potential tax exemption to preserve the property’s affordability, the Borrower requires financial assistance and has requested that the City provide a loan in the amount of Ten Thousand Dollars ($10,000) to assist in the funding of acquisition, and has offered, as a condition of such loan to restrict not less than fifty percent (50%) of the residential units on the Property (excluding the manager’s unit) for low income households; and
WHEREAS, the City has inclusionary housing in-lieu fees that have been paid to the City pursuant to Pleasant Hill Municipal Code section 18.20.60 in an amount sufficient to make the loan requested by Borrower, which may be used to assist in the acquisition of the 71-unit The Post Apartments complex at 1460 Contra Costa in the City of Pleasant Hill; and WHEREAS, the City therefore desires to enter into an Affordable Housing Regulatory Agreement (“Agreement”) (in the form attached hereto as Exhibit 1) with the Borrower to preserve at least fifty percent (50%) of the housing units on the Property for those income-qualified households earning up to 80% of the Area Median Income for a period of 10 years, subject to the terms and conditions as set forth in the Agreement, and make a loan of Ten Thousand Dollars ($10,000), which shall be repaid within one year of closing on the loan, and which shall be secured by a Promissory Note and Deed of Trust (in the form attached hereto as Exhibits 2 and 3); and WHEREAS, the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.) (“CEQA”), imposes no conditions on the City’s consideration and approval of this Agreement, because pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(2) and (3), 15273, 15378, and Public Resources Code Section 21065, funding of a proposal is not subject to environmental review under CEQA as it does not constitute a “project,” does not commit the City to a definite course of action, does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA.

9.1.a
Packet Pg. 117 Attachment: Proposed Resolution (Post Apartments Affordable Housing Project) 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PLEASANT HILL:

Section 1. The foregoing recitals are true and correct and constitute a substantive part of this Resolution.

Section 2. The City Council hereby approves the Regulatory Agreement, Promissory Note and Deed of Trust in substantially the form attached hereto as Attachments 1, 2 and 3 to this resolution, subject to minor, non-substantive changes as approved by the City Manager in consultation with the City Attorney, and authorizes the City to make the loan to Borrower in the amount of $10,000 to assist in the acquisition of the Property.

Section 3. The City Manager and/or their designee is authorized to take all actions necessary to make the loan and effectuate the implementation of the Regulatory Agreement.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 4 th
day of April, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

9.1.a
Packet Pg. 118 Attachment: Proposed Resolution (Post Apartments Affordable Housing Project) EXHIBIT 1

AFFORDABLE HOUSING REGULATORY AGREEMENT
THE POST APARTMENTS – 1460 CONTRA COSTA BOULEVARD
[to be attached]

9.1.a
Packet Pg. 119 Attachment: Proposed Resolution (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
1 Recording requested by
And when recorded mail to:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attention: Community Development Director
Exempt from recording fees pursuant to
Cal. Gov't Code § 27383
______________________________________________________________________________ APN:

AFFORDABLE HOUSING REGULATORY AGREEMENT
This Affordable Housing Agreement (“Agreement”) dated _____________, 2022 (“Effective Date”), is entered into between the CITY OF PLEASANT HILL, a municipal corporation (“City”) and The Post Preservation LP, a California limited partnership (“Developer”).

RECITALS
The following recitals are a substantive part of this Agreement.

A. Developer is the owner of that certain real property located in the City of Pleasant Hill, County of Contra Costa, State of California, more particularly described in Exhibit A attached hereto (“Property”).

B. The Property is the site of a 70-unit residential development (with a separate manager’s unit) located in the City of Pleasant Hill at 1460 Contra Costa Boulevard (“Housing Project”). The Developer is acquiring the Housing Project and intends to restrict no fewer than fifty percent (50%) of the units contained in the Housing Project (35 units) at rental prices affordable to certain income groups as specified herein. The Property is being acquired by Developer in order to create and preserve affordable housing in the City.

C. The Housing Project is intended to serve as a community resource by providing decent, safe and sanitary housing for households who would otherwise be unable to afford such housing. The City has agreed to provide Developer with a loan in the principal amount of Ten Thousand Dollars ($10,000) in order to create and preserve the Housing Project as affordable housing (the “Loan”), which Loan is evidenced by a promissory note by Developer in favor of the City (the “Note”), and secured by a Deed of Trust to be recorded against the Property (the “Deed of Trust”).

D. As further consideration for the Loan and to further the public interests of the City in seeing the Property maintained as affordable housing, Developer has agreed to enter into and record this Agreement against the Property in the Official Records of Contra Costa County. The

9.1.b
Packet Pg. 120 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
2 purpose of this Agreement is to regulate and restrict the occupancy, rent, operation, ownership and management of the Property for the benefit of Project occupants and the people of the City. The covenants in this Agreement are intended to run with the land and binding on Developer and Developer’s successors to the land for the full term of this Agreement.

NOW THEREFORE, the parties acknowledge and agree as follows:

ARTICLE 1. DEFINITIONS

1.01 “Affordable Rent” is the product of 30 percent times 80 percent of the Area Median Income, as defined in Section 1.03 and adjusted for family size appropriate for the applicable unit, less a utility allowance based on the utility allowance schedule published from time to time by the Housing Authority of the County of Contra Costa. For purposes of this Section

1.01 “adjusted for family size appropriate to the unit” shall mean a household of two persons in the case of a one-bedroom unit, three persons in the case of a two-bedroom unit, and five persons in the case of a three-bedroom unit.

1.02 “Applicable Laws” means all applicable laws, ordinances, statutes, codes, orders, decrees, rules, regulations, official policies, standards and specifications (including any ordinance, resolution, rule, regulation standard, official policy, condition, or other measure) of the United States, the State of California, the County of Contra Costa, City of Pleasant Hill, or any other political subdivision in which the Housing Project is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over the Developer or the Housing Project.

1.03 “Area Median Income” shall mean the median income for households in Contra Costa County, California, as published from time to time by the United States Department of Housing and Urban Development (“HUD”) in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932. In the event that such income determinations are no longer published by HUD, or are not updated for a period of at least 18 months, the City shall provide the Developer with other income determinations that are reasonably similar with respect to methods of calculation to those previously published by HUD.

1.04 “Eligible Households” shall mean households meeting the income restrictions as set forth in Section 2.01.

ARTICLE 2. RENT, INCOME AND OCCUPANCY RESTRICTIONS

2.01 Rent and Income Restrictions. Not less than fifty percent (50%) of the residential units constructed on the Property (excluding the manager’s unit) shall be available and rented to Eligible Households whose gross income does not exceed eighty percent (80%) of the Area Median Income at an Affordable Rent (the “Affordable Units” and each a “Affordable Unit”).

At the time any lease is executed or renewed, (i) no less than one (1) person per bedroom shall be allowed, (ii) no more than three (3) persons shall be permitted to occupy a one (1) bedroom Affordable Unit, (iii) no more than five (5) persons shall be permitted to occupy a two (2) bedroom

9.1.b
Packet Pg. 121 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
3 Affordable Unit, and (iv) no more than seven (7) persons shall be permitted to occupy a three (3) bedroom Affordable Unit. At the request of Developer, consent to which shall not be unreasonably withheld, conditioned or delayed, City may make exceptions to the foregoing occupancy standards to the extent such exceptions are permitted by Applicable Laws, and do not increase City's obligations or liabilities under this Agreement, or diminish or impair City's rights and remedies under this Agreement.

Not more than once per year, Developer may adjust rents in occupied Affordable Units to the level allowed for the family size appropriate to the unit. Developer may adjust the rent upon vacancy of an Affordable Unit to the level allowed for the family size appropriate to the unit.

Developer must notify each tenant and City in writing of any increase in monthly rent for an Affordable Unit at least thirty (30) days in advance of the effective rent adjustment date. The written notice of rent increase provided to City shall indicate: (1) the rent adjustment for each Affordable Unit; (2) the new rental amount for each Affordable Unit; and (3) the effective date of the adjustment for each Affordable Unit. Failure to provide the notice required shall be considered a failure to perform by Developer under this Agreement and subject to the terms of Article 11.

The determination of a status as an Eligible Household shall be made by Developer prior to initial occupancy of the Affordable Unit by such household; provided that, if Developer fails to perform any term or provision of this Agreement related to the determination of status of an Eligible Household, as reasonably determined by City, then until such failure has been cured and upon written request by City, such determination shall be subject to review and approval by City.

The income of all persons residing in the Affordable Unit shall be considered for purposes of calculating the household income. Developer shall not discriminate against prospective tenants with qualified Public Housing Authority Section 8 certificates or vouchers who are otherwise qualified.

If an occupant of an Affordable Unit no longer qualifies as an Eligible Household under Section 2.01 due to an increase in income, the occupant may continue to occupy the Affordable Unit, and such unit shall still be considered an Affordable Unit; provided, however, Developer shall rent the next available comparable unit within the Housing Project (i.e., same number of bedrooms and bathrooms) as an Affordable Unit to an occupant who qualifies as an Eligible Household under Section 2.01, and the original Affordable Unit shall thereafter no longer be considered an Affordable Unit. If an occupant of an Affordable Unit no longer qualifies as an Eligible Household due to an increase in income, the occupant may continue to occupy the former Affordable Unit; provided, however, Developer may increase the rental rate for such former Affordable Unit to market rate, but only after the next available comparable unit has been rented at an Affordable Rent to an Eligible Household.

2.02 Designation of Affordable Units. The appearance, materials, finished quality and amenities of the Affordable Units shall be comparable to the market rate rental units within the Housing Project.

2.03 Initial Designation of Affordable Units.

Developer shall, within six (6) months of the Effective Date of this Agreement, provide the City with the specific units within the Housing Project that are designated as the Affordable Units, and

9.1.b
Packet Pg. 122 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
4 at that time shall provide the City with information consistent with the annual reporting requirements set forth in Article 3 below to document that all the Affordable Units are occupied by an Eligible Household in accordance with this Agreement.

ARTICLE 3. REPORTING REQUIREMENTS FOR HOUSING PROJECT

3.01 Reporting Requirements. Developer shall submit an annual report and income certification to the City. The report, at a minimum, shall include:
(a) The number of persons per Affordable Unit;
(b) Name of each Affordable Unit Tenant;
(c) Initial occupancy date;
(d) Rent paid per month; and
(e) Gross income per year of Household.

Such information shall be reported to the City in accordance with the City’s annual compliance monitoring program for affordable housing, as it may be amended from time to time at the City’s reasonable discretion, and in a format as may be reasonably requested by City.

Annual income recertifications shall also contain those documents used to certify eligibility. City, from time to time during the term of this Agreement, may request additional or different information, if such information is required in order for the City to comply with its reporting requirements, and Developer shall promptly supply such additional or different information in the reports required hereunder. Developer shall maintain all necessary books and records, including property, personal and financial records, in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Developer, at such time and in such forms as City may require, shall furnish to City statements, records, reports, data and information pertaining to matters covered by this Agreement. Upon reasonable advance request for examination by City, Developer, at any time during normal business hours, shall make available all of its records with respect to all matters covered by this Agreement. Developer shall permit City to audit, examine and make excerpts or transcripts from these records at City's sole cost.

The first annual report and annual income certification (“Initial Report”) shall be submitted to the City within thirty (30) days of the date of the initial rental of all the Affordable Units on the Property. Subsequent annual reports and annual income certifications or recertifications shall be submitted to the City on the anniversary date of submittal of the Initial Report.

3.02 City Approval of Lease Forms. In its reasonable discretion, City shall have the right to review and approve Developer’s form of lease for the Affordable Units, including disclosures of the affordability restrictions on the Affordable Units, prior to Developer’s use of such form.

ARTICLE 4. PROVISION OF SERVICES AND MAINTENANCE OF PROPERTY

9.1.b
Packet Pg. 123 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
5 4.01 Maintenance. During the term of this Agreement, Developer shall maintain, or cause to be maintained, the Property, including all improvements thereon, in a manner consistent with the provisions set forth therefor in the Pleasant Hill Municipal Code, and shall keep the entire Property free from any accumulation of debris or waste materials prior to and after acquisition and rehabilitation.

If, at any time, Developer fails to maintain the Property in accordance with the requirements set forth in this Section 4.01, and has either failed to commence to cure such condition or to diligently prosecute to completion the condition or the condition is not corrected after expiration of sixty (60) days from the date of written notice from the City to the Developer, City may perform the necessary corrective maintenance, and Developer shall pay such costs as are reasonably incurred for such maintenance. The City shall have the right to place a lien on the Property should Developer not reimburse City for such costs within sixty (60) days following City's written demand for reimbursement of such costs. Developer, on behalf of itself, its heirs, successors and assigns, hereby grants to City and its officers, employees and agents, an irrevocable license to enter upon the Property to perform such maintenance during normal business hours after receipt of written notice from City and Developer's failure to cure or remedy such failure within sixty (60) days of such notice. Any such entry shall be made only after reasonable advance written notice to Developer, and City shall indemnify and hold Developer harmless from any claims or liabilities pertaining to any such entry by City. Failure by Developer to maintain the Property in the condition provided in this Article 4 may, in City's reasonable discretion, constitute a default under this Agreement.

ARTICLE 5. RESERVED
ARTICLE 6. NO DISCRIMINATION
Developer covenants, by and for itself and any successors in interest, that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer, itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, subleases or vendees in the Property.

ARTICLE 7. NO IMPAIRMENT OF LIEN
No violation or breach of the covenants, conditions, restrictions, provisions or limitations contained in this Agreement shall defeat or render invalid or in any way impair the lien or charge of any ground lease or memorandum thereof, mortgage, deed of trust or other financing or security instrument; provided, however, that any successor of Developer to the Property and Housing Project shall be bound by such covenants, conditions, restrictions, limitations and provisions, whether such successor's title was acquired by foreclosure, deed in lieu of foreclosure, trustee's sale or otherwise.

9.1.b
Packet Pg. 124 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
6 ARTICLE 8. DURATION
The covenants contained in Articles 2, 3, 4 and 5 of this Agreement shall be deemed to run with the Property and Housing Project until the date which is ten (10) years following the Effective Date. Notwithstanding the foregoing, this Agreement shall immediately terminate without the need for further action on the part of the City in the event the Property does not qualify for welfare exemption under Section 214(g) of the California Revenue and Taxation Code and the Loan shall immediately become due and payable. The covenants against discrimination contained in Article 6 of this Agreement shall run with the land in perpetuity.

ARTICLE 9. SUCCESSORS AND ASSIGNS
The covenants contained in the Agreement shall be binding upon Developer and its heirs, successors and assigns, and such covenants shall run in favor of the City and its successors and assigns for the entire period during which such covenants shall be in force and effect, without regard as to whether the City is or remains an owner of any land or interest therein to which such covenants relate. In the event of any breach of any such covenants, or breach of any of Developer’s obligations under this Agreement, City and its successors and assigns shall have the right to exercise all of the rights and remedies, and to maintain any actions at law or suits in equity or other proper proceedings to enforce the curing of such breach. The covenants contained in the Agreement, without regard to technical classification and designation, shall be for the benefit of and shall be enforceable only by the City, and its successors and assigns.

ARTICLE 10. SUBORDINATION AGREEMENT
So long as the Loan remains outstanding, this Agreement shall have priority over the liens of all mortgages, deeds of trust and other liens (other than the lien for current, unpaid property taxes) and Developer shall cause all such mortgagees, deed of trust beneficiaries and other lien holders to execute and deliver to City for recordation in the Official Records of Contra Costa County, a subordination agreement, in a form reasonably acceptable to City, subordinating such mortgages, deeds of trust and other liens to this Agreement thereby ensuring the priority of this Agreement over all such mortgages, deeds of trust and other liens. Notwithstanding the subordination provisions set forth herein, the City may, in its sole discretion, subordinate this Agreement.

ARTICLE 11. DEFAULT
Any failure by Developer to perform any term or provision of this Agreement shall constitute a “Default” (1) if Developer does not cure such failure within thirty (30) days following written notice of default from City, or (2) if such failure is not of a nature which can be cured within such thirty (30) day period, Developer does not commence substantial efforts to cure the failure within thirty (30) days and thereafter prosecute to completion with diligence and continuity the curing of such failure. Any notice of default given under this Agreement shall identify the nature of the failure in performance which City claims constitutes the Default and the manner in which such Default may be satisfactorily cured. Any failure or delay by City in asserting any of

9.1.b
Packet Pg. 125 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
7 its rights or remedies, including specific performance, as to any Default shall not operate as a waiver of any Default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

ARTICLE 12. NOTICES, DEMANDS AND COMMUNICATIONS
Any approval, disapproval, demand, document or other notice to be provided under this Agreement shall be given in writing and shall be sent: (a) for personal delivery by a delivery service that provides a record of the date of delivery, the individual to whom delivery was made, and the address where delivery was made; (b) by first-class certified United States mail, postage prepaid, return receipt requested; or (c) by a nationally recognized overnight courier service and marked for next day business delivery. All notices shall be addressed to the party to whom such notice is to be given at the property address stated herein or to such other address as a party may designate by written notice to the other. Any written notice, demand or communication shall be deemed received: (a) immediately if delivered by personal delivery as provided hereinabove; (b) on the third (3rd) day from the date it is postmarked if delivered by first-class mail, postage prepaid, return receipt requested; and (c) on the next business day if sent via nationally recognized overnight courier and marked for next day business delivery. Notices sent by a party's attorney on behalf of such party shall be deemed delivered by such party.

To City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attention: Community Development Director
With a copy to:

Best Best & Krieger LLP
2001 N. Main Street, Ste. 390
Walnut Creek, CA 94596
Attention: Janet E. Coleson
To Developer: The Post Preservation LP
1990 North California Blvd, Suite 800
Walnut Creek, CA 94596
Attention: Novin Development Corp.

9.1.b
Packet Pg. 126 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
8 With a copy to:

Downs Pham & Kuei LLP
235 Montgomery Street, 30th Floor
San Francisco, CA 94104
Attention: Tuan A. Pham
[email protected]
With a copy to:

David Lott
JLL Real Estate Capital, LLC
28050 US Highway 19 N Suite 500
Clearwater, FL 33761
Tel: (727) 437-4917
[email protected]
ARTICLE 13. ATTORNEYS’ FEES
In any action or proceeding which either party brings against the other to enforce its rights hereunder, the unsuccessful party shall pay all costs incurred by the prevailing party, including reasonable attorneys' fees, which amounts shall be a part of the judgment in any action or proceeding.

ARTICLE 14. RECORDATION OF AGREEMENT
Immediately following the Effective Date, this Agreement and the Notice of Affordability Restrictions on Transfer of Property in the form attached hereto as Exhibit B, shall be recorded against the Property in the Official Records of Contra Costa County.

ARTICLE 15. COMPLIANCE MONITORING FEE
Developer acknowledges and agrees that the City is obligated to monitor compliance with this Agreement on an annual basis and, therefore, agrees to pay City for a portion of its administrative costs for such monitoring by paying to City an annual monitoring fee in the amount of One Hundred Fifty Dollars ($150.00) per unit per year, payable on the initial date of occupancy and each year on the anniversary date of the initial date of occupancy.

ARTICLE 16. MISCELLANEOUS
Each party agrees to cooperate with the other in the implementation and administration of this Agreement and, in that regard, shall execute any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall

9.1.b
Packet Pg. 127 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
9 constitute a binding agreement. The words “include” and “including” shall be construed as if followed by the words “without limitation.” All exhibits and attachments hereto are incorporated by reference as though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both parties, and shall be construed in accordance with and be governed by the laws of the State of California. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired thereby. A waiver by either party of a breach of any of the covenants, conditions or agreements hereunder to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions hereof. No waiver by City of any of the conditions hereof shall be effective unless in writing expressly identifying the scope of the waiver and signed on behalf of an authorized official of City. Any alteration, change or modification of or to the Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party hereto.
[SIGNATURES ON FOLLOWING PAGE]

9.1.b
Packet Pg. 128 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
10 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be executed on their behalf by their respective officers thereunto duly authorized, on the Effective Date first above written.

DEVELOPER::

The Post Preservation LP, a California limited
partnership
By:

Iman Novin
President
[Signature must be notarized]
CITY:

CITY OF PLEASANT HILL, a municipal
corporation
By:

June Catalano
City Manager
[Signature must be notarized]
APPROVED AS TO FORM:
_____________________________
Janet E. Coleson
City Attorney

9.1.b
Packet Pg. 129 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2

NOTARY ACKNOWLEDGMENTS
A Notary Public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On ____________________, _______, before me, ______________________________, Notary Public personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature__________________________

9.1.b
Packet Pg. 130 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
A Notary Public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On ____________________, _______, before me, ______________________________, Notary Public personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature__________________________

9.1.b
Packet Pg. 131 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2

EXHIBIT A
Description of Property
Real property in the City of Pleasant Hill, County of Contra Costa, State of California, Portion of the Rancho Monte del Diablo, described as follows:

Beginning at a point on the East line of the state highway between Pacheco and Walnut Creek at the Southwestern corner of the parcel of land described in the deed from William H. Gelbke, et ux, to Vincent Covione, et ux, dated December 4, 1943, recorded December 17, 1943, in Book 764 of Official Records of Contra Costa County, Page 313; thence from said point of beginning along the Southern line of said Covione parcel (764 OR 313), North 78° 30' East 300.00 feet; thence South 11° 30' East 210.00 feet to a point on the Northern line of the parcel of land described in the deed from William H. Gelbke, et ux, to Peter Massolo, et ux, dated January 5, 1945, recorded January 20, 1945, in Book 813 of Official Records of Contra Costa County, Page 82; thence along the North line of the said Massolo parcel (813 OR 82), South 78° 29' 55" West 300 feet, more or less, to a point on the East line of the state highway; thence North 12° West 210 feet, more or less, to the point of beginning.

APN: 127-050-070-3

9.1.b
Packet Pg. 132 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2

EXHIBIT B
Notice of Affordability Restrictions on Transfer of Property [attached]

9.1.b
Packet Pg. 133 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Attention: Community Development Director
Exempt from recording fees pursuant to
Cal.Gov't Code Section 27383
Space Above This Line For Recorder's Use Only

NOTICE OF AFFORDABILITY RESTRICTIONS

ON TRANSFER OF PROPERTY
(Note: Above Title and text below must remain in 14-point type or larger) Important notice to owners, purchasers, tenants, lenders, brokers, escrow and title companies, and other persons, regarding affordable housing restrictions on the real property described in this Notice: Restrictions have been recorded with respect to the property described below (referred to in this Notice as the “Property”) which restrict the price and terms at which the Property may be sold or rented. These restrictions may limit the sales price or rents of the Property to an amount which is less than the fair market value of the Property. These restrictions also limit the income of persons and households who are permitted to purchase and rent the Property.

Title of Document Containing Affordable Housing Restrictions:

Affordable Housing Regulatory Agreement (referred to in this Notice as the “Affordable Housing Restrictions”).

Parties to Affordable Housing Restrictions:

City of Pleasant Hill (“City”) and
The Post Preservation LP, a California limited partnership (“Owner”).

The Affordable Housing Restrictions are recorded: (check one)

9.1.b
Packet Pg. 134 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
2 as Document No. ______________________, official records of Contra Costa County, on ___________________, 20__; or
concurrently with this Notice, official records of Contra Costa County.

Legal Description of Property:

See Exhibit A (Attached hereto)
Street Address of Property: 1460 Contra Costa Blvd, Pleasant Hill, CA.

Assessor's Parcel Number of Property: 127-050-070-3
Summary of Affordable Housing Restrictions (check as applicable):

The Affordable Housing Restrictions restrict the amount of rent which may be charged for the rental housing unit or units on the Property, as follows:
50% of the units on the Property are rented for 30% of maximum annual income for households whose gross income does not exceed the applicable income level set forth below, adjusted for household size less a utility allowance.

The Affordable Housing Restrictions restrict the sales price which may be charged for the sale of the ownership housing unit or units on the Property, as follows:
________________________________________.

The Affordable Housing Restrictions restrict the income level of the tenant or buyer of the Property, as follows:
80% of Area Median Income as to 35 units. As defined in Section1.03, “Area Median Income” shall mean the median income for households in Contra Costa County, California, as published from time to time by the United States Department of Housing and Urban Development in a manner consistent with the determination of median gross income under Section 8 of the United States Housing Act of 1937, as amended, and as defined in Title 25, California Code of Regulations, Section 6932.

Term of Restrictions: _10 years, commencing on _____________ and terminating on _______________.

9.1.b
Packet Pg. 135 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
3 This Notice does not contain a full description of the details of all of the terms and conditions of the Affordable Housing Restrictions. You will need to obtain and read the Affordable Housing Restrictions to fully understand the restrictions and requirements which apply to the Property. In the event of any conflict between the terms of this Notice and the terms of the Affordable Housing Restrictions, the terms of the Affordable Housing Restrictions shall control.

This Notice is being recorded and shall be indexed against the City and the current Owner of the Property.

CITY OF PLEASANT HILL:

Dated: , 20__ By:

June Catalano
City Manager
OWNER:

Dated: , 20__ The Post Preservation LP, a California
Limited Partnership
By:

Iman Novin
President

9.1.b
Packet Pg. 136 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2

ACKNOWLEDGMENTS
A Notary Public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On ____________________, _______, before me, ______________________________, Notary Public personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature__________________________

9.1.b
Packet Pg. 137 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
A Notary Public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.

STATE OF CALIFORNIA )
) ss:

COUNTY OF ___________ )
On ____________________, _______, before me, ______________________________, Notary Public personally appeared ________________________________________________ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature__________________________

9.1.b
Packet Pg. 138 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 38074.00014\34925378.2
Exhibit A of Notice of Affordability Restrictions on Transfer of Property

EXHIBIT A

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF PLEASANT

HILL, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

Beginning at a point on the East line of the state highway between Pacheco and Walnut Creek at the Southwestern corner of the parcel of land described in the deed from William H. Gelbke, et ux, to Vincent Covione, et ux, dated December 4, 1943, recorded December 17, 1943, in Book 764 of Official Records of Contra Costa County, Page 313; thence from said point of beginning along the Southern line of said Covione parcel (764 OR 313), North 78° 30' East 300.00 feet; thence South 11° 30' East 210.00 feet to a point on the Northern line of the parcel of land described in the deed from William H. Gelbke, et ux, to Peter Massolo, et ux, dated January 5, 1945, recorded January 20, 1945, in Book 813 of Official Records of Contra Costa County, Page 82; thence along the North line of the said Massolo parcel (813 OR 82), South 78° 29' 55" West 300 feet, more or less, to a point on the East line of the state highway; thence North 12° West 210 feet, more or less, to the point of beginning.

APN: 127-050-070-3

9.1.b
Packet Pg. 139 Attachment: Exhibit 1 - Affordable Housing Agreement (Post Apartments Affordable Housing Project) 1 RECORDING REQUESTED BY:

City of Pleasant Hill
Community Development Department
APN: ____________
AND WHEN RECORDED MAIL TO:

City of Pleasant Hill
Community Development Department
Attn: Community Development Director
100 Gregory Lane
Pleasant Hill, CA 94523
This Document is Recorded on Behalf of the City of Alameda Community Development Department and is Exempt from Recording Fees pursuant to Government Section Code 6103, no fee 27383.

FOR RECORDER’S USE ONLY

DEED OF TRUST WITH ASSIGNMENT OF RENTS
THIS DEED OF TRUST is made this ___ day of ______ 2022, between the Trustor, ________________________, a ____________, whose address is _______________ (herein "Borrower"), Chicago Title Company, whose address is 675 N. First Street, San Jose, CA 95112 (herein "Trustee"), and the Beneficiary, City of Pleasant Hill, a California municipal corporation, whose address is 100 Gregory Lane, Pleasant Hill, CA 94523 (herein "Lender").

This Deed of Trust secures funds loaned to Borrower by the Lender.

Borrower, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to Trustee, in trust, with power of sale, the property located in the County of Contra Costa, State of California and described in Exhibit A, attached hereto and made a part hereof, (herein "Property").

Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents (subject, however, to the rights and authorities given herein to Lender to collect and apply such rents), royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures, now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Deed of Trust; and all of the foregoing, together with said property are herein referred to as the "Property"; To secure to Lender (a) the repayment of the indebtedness evidenced by Borrower's promissory note dated _____________________, 2022 (herein "Note"), in the principal sum of Ten Thousand Dollars ($10,000.00), or such lesser amount as shall equal the aggregate amount disbursed to Borrower by Lender, with interest thereon, if any, providing for full payment; (b) the performance of the covenants and agreements of Borrower herein contained, or contained in the Note, and/or Affordable Housing Regulatory Agreement (the “Loan Agreement”) entered into by and between Borrower and Lender dated ______________________, 2022 (herein "Agreement"); (c) any other obligation of Borrower to Lender now or hereafter created, whether acquired by assignment from third parties or otherwise; and (d) payment of such additional sums, with interest thereon: (1) As may hereafter be borrowed from Lender by the then-record owner of the Property and evidenced by a promissory note or notes reciting that it or they are so secured and all modifications, extensions, or renewals of the promissory note; (2) As may be incurred, paid, or advanced by Lender, or as may otherwise be due to Trustee or Lender, under any provision of this Deed of Trust and any modification, extension, or renewal of this Deed of Trust; and/or (3) as may otherwise be paid or advanced by Lender to protect the security or priority of this Deed of Trust.

Borrower covenants that Borrower lawfully owns the estate hereby conveyed and has the right to grant and convey the Property, and that Borrower will warrant and defend generally the title of the Property against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring Lender's interest in the Property.

Borrower and Lender covenant and agree as follows:

1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest, on the indebtedness evidenced by the Note. All payments received by Lender under the Note shall be applied by Lender first to interest payable on the Note, and then to the principal.

2. Future Advances. Upon request by Borrower, Lender, at Lender's option, may make future advances to Borrower. All such future advances, with interest thereon, shall be added to and become a part of the indebtedness secured by this Deed of Trust when evidenced by promissory note(s) reciting that such note(s) are secured by this Deed of Trust.

3. Charges; Liens. Borrower shall pay all encumbrances, liens, taxes, assessments and other charges, fines and impositions attributable to the Property and leasehold payments or ground rents, if any, by Borrower making payment, when due, directly to the payee thereof. Borrower shall promptly furnish to Lender all notices of amounts due under this paragraph, and in the event Borrower shall make payment directly, Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall pay when

9.1.c
Packet Pg. 140 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 2 due all encumbrances, charges and liens, with interest in accordance with the term thereof, on the Property or any portion which are inferior or superior to this Deed of Trust.

4. Mechanic's Liens and Contest Thereof. Borrower agrees that it will not suffer or permit any mechanic's lien claims to be filed or otherwise asserted against the Property or any funds due the general contractor, and will promptly discharge the same in case of the filing of any claims for lien or proceedings for the enforcement thereof; provided, however, that Borrower shall have the right to contest in good faith and with reasonable diligence the validity of any such lien or claim upon furnishing to a title insurance company such security or indemnity as it may require to induce said title insurance company to issue its title insurance commitment or its Mortgage Title Insurance Policy insuring against all such claims or liens, and provided further that Lender will not be required to make any further disbursements of the proceeds of the loan until any mechanic's lien claims shown by the title insurance commitment of interim binder have been so insured against by said title insurance company.

5. Settlement of Mechanic's Lien Claims. Borrower agrees that if Borrower shall fail promptly either (a) to discharge, or (b) to contest claims asserted and give security or indemnity in the manner provided in paragraph 4 hereof, or having commenced to contest the same, and having given such security or indemnity shall fail to prosecute such contest with diligence, or to maintain such indemnity or security so required by said title insurance company for its full amount, or upon adverse conclusion of any such contest, to cause any judgment or decree to be satisfied and lien to be released, then and in any such event Lender may, at its election (but shall not be required to), procure the release and discharge of any such claim and any judgment or decree thereon and, further, may in its sole discretion effect any settlement or compromise of the same, or may furnish such security or indemnity to the title insurance company and any amounts so expended by Lender, including premiums paid or security furnished in connection with the issuance of any surety company bonds, shall be deemed to constitute disbursement of the proceeds of the loan hereunder. In settling, compromising, or discharging any claims for lien, Lender shall not be required to inquire into the validity or amount of any such claim.

6. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss of fire or hazards under a policy approved by Lender, and which provides "special form" coverage in an amount at least equal to the replacement value of the structure, with a reputable and solvent insurance carrier.

The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender; provided that such approval shall not be unreasonably withheld. All premiums on insurance policies shall be paid by Borrower making payment, when due, directly to the insurance carrier, or in a manner agreed to by the Lender.

All insurance policies and renewals thereof shall be with loss payable to the Lender. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premiums.

In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower.

Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restoration or repair is economically feasible and the security of this Deed of Trust is not hereby impaired. If such restoration or repair is not economically feasible or if the security of this Deed of Trust would be impaired, the insurance proceeds shall be applied to the sums secured by this Deed of Trust with the excess, if any, paid to Borrower. If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender’s option either to restoration or repair of the Property or to the sums secured by this Deed of Trust.

Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of the payment referred to on page 1 hereof or change the amount of such payment. If under paragraph 19 hereof the Property is acquired by Lender, all right, title and interest of Borrower in and to any insurance policies and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition shall pass to Lender to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition.

In the event the Borrower fails to maintain insurance coverage, Lender may purchase insurance in such amounts and in such coverages as it may elect and all amounts paid therefor shall become part of the principal of the loan and shall be secured by this Deed of Trust. Purchase of insurance by the Lender shall not be considered a waiver of any right to appropriate remedies under this Deed of Trust.

7. Liability Insurance. Borrower shall keep general liability insurance for the Property. Coverage shall be in an amount not less than $1,000,000 aggregate. The insurance carrier shall be chosen by the Borrower subject to approval by the Lender; provided, that such approval shall not be unreasonably withheld. All premiums shall be paid by Borrower. Lender shall be named as an additional loss payee.

8. Preservation and Maintenance of Property; Hazardous Substances. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment, demolition, or deterioration of the Property. The terms "hazardous water," "hazardous substance," "disposal," "release," and "threatened release," as used in this Deed of Trust, shall have the same meanings as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. Section 6901, et. seq., Chapters 6.5 through 7.7 of Division 20 of the California Health and Safety Code, Section 25100, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. The terms "hazardous waste" and "hazardous substance" shall also include, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Borrower represents and warrants to Lender that: (a) During the period of Borrower's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any hazardous waste or substance by any person on, under, or about the Property; (b) Borrower has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing (I) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance by any prior owners or occupants of the Property or (ii) any actual or threatened litigation or claims of

9.1.c
Packet Pg. 141 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 3 any kind by any person relating to such matters; and 8 except as previously disclosed to and acknowledged by Lender in writing (I) neither Borrower nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of, or release any hazardous waste or substance on, under, or about the Property and (ii) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation those laws, regulations, and ordinances, described above. Borrower authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Borrower's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Borrower or to any other person. The representations and warranties contained herein are based on Borrower's due diligence in investigating the Property for hazardous waste. Borrower hereby (a) releases and waives any future claims against Lender for indemnity or contribution in the event Borrower becomes liable for cleanup or other costs under such laws, and (b) agrees to indemnify and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Borrower's ownership or interest in the Property, whether or not the same was or should have been known to Borrower. The provisions of this section of the Deed of Trust, including the obligation to indemnify, shall survive the payment of the indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise.

9. Protection of Lender's Security. Borrower shall appear and defend any action or proceeding purporting to affect the security hereof or the rights of the Lender. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest in the Property, including, but not limited to, foreclosure, involuntary sale, eminent domain, insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lender's option, upon notice to Borrower, may make such appearances, disburse such sums and take such action as is necessary to protect Lender's interest, including, but not limited to, disbursement or reasonable attorney's fees and entry upon the Property to make repairs.

Any amounts disbursed by Lender pursuant to this paragraph 9, with interest thereon, shall become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this paragraph 9 shall require Lender to incur any expense or take any action hereunder.

10. Inspection. Lender may make or cause to be made reasonable entries upon any inspections of the Property, provided that Lender shall give Borrower and occupant notice prior to any such inspection.

11. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Deed of Trust, subject to any claims of prior lienholders, with the excess, if any, paid to Borrower. In the event of the partial taking of the Property, unless Borrower and Lender otherwise agree in writing, and subject to any claims of prior lienholders, there shall be applied to the sums secured by this Deed of Trust such proportion of the proceeds as is equal to that proportion which the amount of the sums secured by this Deed of Trust immediately prior to the date of taking bears to the fair market value of the Property immediately prior to the date of taking, with the balance of the proceeds paid to Borrower.

If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender's option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.

Unless Lender and Borrower otherwise agree in writing, any such application of proceeds to principal shall not extend or postpone the due date of payment referred to on page 1 or change the amount of such payment.

12. Borrower Not Released. Extension of the time for payment of the sums secured by this Deed of Trust granted by Lender to Borrower or any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest.

13. Forbearance by Lender not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. The procurement of insurance or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Deed of Trust.

14. Remedies Cumulative. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust, Note, Agreement, or afforded by law or equity, and may be exercised concurrently, independently or successively.

15. Successors and Assigns Bound; Joint and Several Liability; Captions. The covenants and agreements herein contained shall bind, and the rights hereunder shall insure to, the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 18 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof.

16. Notice. Except for any notice required under applicable law to be given in another manner (a) any notice to Borrower provided for in this Deed of Trust shall be given by mailing such notice by certified mail addressed to Borrower at the address found hereunder, or at such other address as Borrower may designate by notice to Lender as provided herein and (b) any notice to Lender shall be given by certified mail, return receipt requested, to Lender's address stated herein or to such other address as Lender may designate

9.1.c
Packet Pg. 142 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 4 by notice to Borrower as provided herein. Any notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner designated herein, as of the date mailed.

17. Governing Law; Severability. This Deed of Trust shall be governed by the laws of the State of California. In the event that any provision or clause of this Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, except as set forth in the Note and to this end the provisions of the Deed of Trust and the Note are declared to be severable.

18. Transfer of the Property; Assumption. If all or any part of the Property or an interest therein is sold or transferred by Borrower without Lender's prior written consent, Lender may, at Lender's option, declare all the sums secured by this Deed of Trust to be immediately due and payable. Lender shall have waived such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the loan may be assumed.

If Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration in accordance with paragraph 16 hereof. Such notice shall provide a period of not less than 30 days from the date the notice is mailed within which Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the expiration of such period, Lender may, without further notice or demand on Borrower, invoke any remedies permitted by paragraph 19 hereof.

19. Acceleration; Remedies. Except as provided in paragraph 18 hereof, upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, the Note, including the covenants to pay when due any sums secured by this Deed of Trust, or the Agreement, Lender shall mail notice to Borrower as provided in paragraph 16 hereof specifying: (a) the breach; (b) the action required to cure such breach; (c) a date, no less than 15 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (d) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and sale. If the breach is not cured on or before the date specified in the notice, Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect from the Borrower, or sale proceeds, if any, all reasonable costs and expenses incurred in pursuing the remedies provided in this paragraph, including but not limited to, reasonable attorney's fees.

If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Lender or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale.

Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this Deed of Trust and (c) the excess, if any, to the person or persons legally entitled thereto as determined by Lender.

20. Borrower's Right to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust, Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of a judgment enforcing this Deed of Trust if (a) Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Lender's and Trustee's remedies as provided in paragraph 19 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred.

21. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security hereunder, Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 19 hereof or abandonment of the Property, have the right to collect such rents as they become due.

Upon acceleration under paragraph 19 hereof or abandonment of the Property, Lender, in person, by agent or by judicially appointed receiver ("Receiver") shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. All rents collected by Lender or the Receiver shall be applied first to payment of the costs of management of the Property and collection of rents including, but not limited to, Receiver's fees, premiums on Receiver's bonds and reasonable attorney's fees, and then to the sums secured by this Deed of Trust. Lender and the Receiver shall be liable to account only for those rents actually received. The provisions of this paragraph and paragraph 19 shall operate subject to the claims of prior lienholders.

22. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.

Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.

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Packet Pg. 143 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 5 23. Substitute Trustee. Lender, at Lender's option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law.

24. Request for Notice. Lender requests that copies of the notice of default and notice of sale be sent to Lender's address.

25. Statement of Obligation. Lender may collect a fee not to exceed $15 for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California.

26. Use of Property. Borrower shall not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed.

In witness whereof, Borrower has executed this Deed of Trust.

BORROWER: [NAME]
[Name], [Title]
[Name]
_____________
_____________

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Packet Pg. 144 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 6 ________________ [Space Below This Line For Acknowledgment] ____________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _______________________ )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

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Packet Pg. 145 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project) 7 EXHIBIT A
Property Description
Real property in the City of Pleasant Hill, County of Contra Costa, State of California, Portion of the Rancho Monte del Diablo, described as follows:

Beginning at a point on the East line of the state highway between Pacheco and Walnut Creek at the Southwestern corner of the parcel of land described in the deed from William H. Gelbke, et ux, to Vincent Covione, et ux, dated December 4, 1943, recorded December 17, 1943, in Book 764 of Official Records of Contra Costa County, Page 313; thence from said point of beginning along the Southern line of said Covione parcel (764 OR 313), North 78° 30' East 300.00 feet; thence South 11° 30' East 210.00 feet to a point on the Northern line of the parcel of land described in the deed from William H. Gelbke, et ux, to Peter Massolo, et ux, dated January 5,
1945, recorded January 20, 1945, in Book 813 of Official Records of Contra Costa County, Page 82; thence along the North line of the said Massolo parcel (813 OR 82), South 78° 29' 55" West 300 feet, more or less, to a point on the East line of the state highway; thence North 12° West 210 feet, more or less, to the point of beginning.

APN: 127-050-070-3

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Packet Pg. 146 Attachment: Exhibit 2 - Deed of Trust (Post Apartments Affordable Housing Project)

PROMISSORY NOTE
$10,000 Pleasant Hill, California ___________, 2022
FOR VALUE RECEIVED, the "Borrower", _______________, promises to pay to the CITY OF PLEASANT HILL, a California municipal corporation ("City") at 100 Gregory Lane, Pleasant Hill, California 94523 or such other location as the City may designate, the principal sum of Ten Thousand Dollars ($10,000.00) in lawful money of the United States of America, plus interest, payable as set forth below.

The principal obligation evidenced by this Promissory Note shall be repayable as follows:

Ten Thousand Dollars ($10,000.00) shall bear simple interest at the rate of three percent (3%) per annum starting on _________, 2022.

1. The full amount of outstanding principal and accrued, unpaid interest shall be due and payable on the one year anniversary of the date of this Note, as set forth above (the “Maturity Date”). Further, Borrower and City have entered into that certain Affordable Housing Regulatory Agreement dated ______________, 2022 (the “Regulatory Agreement”). In the event that the Regulatory Agreement is terminated pursuant to Article 8 thereof due to the Property not qualifying for a welfare exemption under Section 214(g) of the California Revenue and Taxation Code, the full amount of principal and accrued, unpaid interest shall be immediately due and payable upon such termination of the Regulatory Agreement.

2. In the event the Borrower should fail to pay any interest or principal of this Note when due, and if such default has not been cured on the date of the next installment payment under this Note, then the entire amount of unpaid principal of this Note, together with all accrued interest, shall become due and payable at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such or any subsequent default.

3. In the event of any of the following events, at the option of the City, all sums of interest and principal of this Note shall become immediately due and payable without notice of default, presentment or demand for payment, protest or notice of nonpayment or dishonor, or other notices or demands of any kind or character:
a. Default in the performance of any of the covenants and conditions of the Deed of Trust securing this Note, or any other document by which this Note is secured; or
b. Appointment of a receiver or trustee to take possession of any property of the undersigned or any endorser of this Note; or c. Attachment of any involuntary lien or liens, of any kind or character, to the assets or property of the undersigned or any endorser of this Note which lien is not removed or a surety bond is not provided for within sixty (60) days.

4. The undersigned agrees that City shall have the rights and remedies

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Packet Pg. 147 Attachment: Exhibit 3 - Promissory Note (Post Apartments Affordable Housing Project)

available to a creditor under, and that this obligation shall be construed in accordance with, the laws of the State of California.

5. The undersigned agrees and acknowledges that City has not made any representations concerning City's willingness not to exercise, or to delay exercising any right or remedy to endorse this Note. No waiver by City of any right or remedy shall be effective unless in writing and signed by City and no such waiver on one (1) occasion shall be construed as a waiver on any other occasion. No modification of this Note shall be effective unless the modification is in writing and is signed by City.

6. The undersigned agrees that the rights granted to City pursuant to this Note shall accrue to any endorsee of this Note who is lawfully in possession of this Note.

7. In the event that suit be brought hereon, or an attorney be employed, or expenses be incurred to compel payment of this Note or any portion of the indebtedness evidenced hereby, the undersigned promises to pay all such reasonable expenses and reasonable attorney's fees.

8. The Borrower, endorsers, and sureties of this Note, and each of them, hereby waive diligence, demand, presentment offer payment, or protest and notice of protest. In the event there is more than one (1) signatory hereto, each of the obligations undertaken herein is joint and several obligations of each signatory.

9. Notwithstanding anything to the contrary contained herein and except for that certain mortgage loan in the original principal amount of $______________________ made by _____________________ to Borrower (the “Senior Loan”), if Borrower encumbers, sells, contracts to sell, leases with option to purchase or otherwise transfers any interest in the Property subject to the Deed of Trust securing this Note (or a beneficial interest in Maker is sold or transferred), then at the option of City, the entire principal and interest balance of this Note, irrespective of the maturity date expressed herein and without demand or notice, shall be immediately due and payable.

10. This Note and the Deed of Trust securing this Note shall be subordinated to the note and deed of trust securing the Senior Loan. In the event of any default under this Note, Deed of Trust, or any other loan documents relating to this Note, any cure tendered by any senior lender shall be accepted or rejected on the same basis as if tendered by Borrower.

BORROWER:
____________________
Name: ____________
Title: _______________
Date: ________________

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Packet Pg. 148 Attachment: Exhibit 3 - Promissory Note (Post Apartments Affordable Housing Project)