Pleasant Hill City Council
May 2, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
MAY 2, 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: 838 0775 0627
Passcode: 328985
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 May 2, 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. 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 May 2, 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 Award of Appreciation to Rachel Anderson for Service on the Commission on Aging from 2011 - 2022

3.2 Contra Costa Fire Protection District Update

3.3 Proclamation Designating May as Building Safety Month City Council Meeting Agenda Page 3 May 2, 2022

4. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)

5. COUNCIL ANNOUNCEMENTS AND REPORTS

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

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 April 18, 2022

7.2 Approve Checks Dated: April 15, 2022; April 22, 2022

7.3 Accept Update on Contra Costa Transportation Authority and Transpac

7.4 Approve Appointment Recommendations to the Commission on Aging, Education Commission, and Planning Commission

7.5 Adopt Resolution No. ___-22 Accepting the 2021 Signage & Striping Project (Various Locations), Project No. 04-21, as Complete and Authorizing the City Engineer to Issue and Record a Notice of Completion

7.6 Adopt Resolution No. ___-22 Rescinding and Replacing Resolution No. 26-22 and Approving Participation in the Public Agencies Post-Employment Benefits Trust Program, Establishing the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and Authorizing the City Manager to Execute an Agreement with Public Agency Retirement Services (PARS) to Establish and Administer a Section 115 Trust

8. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

8.1 Adopt Resolution No. ___-22 Accepting the Oak Park and Monticello Improvement Project No. 02-20 as Complete and Authorizing the City Engineer to Issue and Record a Notice of Completion

8.2 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a Change Order for BHM Construction Inc.'s Contract for Additional Scope of Work for the New Pleasant Hill Library
City Council Meeting Agenda Page 4 May 2, 2022

8.3 Adopt Resolution No. ___-22 Approving a Preferred Land Use Alternative for the Preparation of the Update of the General Plan and Housing Element
This item is continued to the meeting of May 16, 2022

9. ADMINISTRATION AND FINANCE

9.1 Adopt Resolution No. ___-22 Allowing for In-person, Hybrid Teleconferenced, or Fully Teleconferenced Meetings of All Legislative Bodies Pursuant to the Provisions of AB 361

10. OTHER

10.1 Adopt Resolution No. ___-22 Recognizing June as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning (LGBTQ+) Pride Month in the City of Pleasant Hill

11. ADJOURNMENT
Next City Council Meeting: May 16, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF APRIL 18, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

April 18, 2022 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
April 18, 2022
City Council Meeting Minutes Page 1 April 18, 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 April 14, 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
None

4. CITY MANAGER COMMENTS:

June Catalano, City Manager, reported that:
 the deadline for weed abatement is May 4, 2022;
 Maintenance staff assisted the Pleasant Hill Police Department in rescuing a family of baby ducks and their mother; and
 over 200 people attended the opening of Off the Grid held on April 6, 2022.

5. COUNCIL ANNOUNCEMENTS AND REPORTS

5.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
(A) Contra Costa Mayors Conference Held via Teleconference on April 7, 2022
Councilmember Noack reported her attendance at the Contra Costa Mayors Conference.

Mayor Harris reported his attendance at the Contra Costa Mayors Conference and provided a brief report on the discussion topic.
(B) Other Meetings Attended at City Expense
Mayor Harris thanked all of the Councilmembers who attended the Mayor’s State of the City Breakfast.

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Attachment: April 18, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 April 18, 2022

5.2 Announcements from Councilmembers
Mayor Harris reported his attendance at Off the Grid and at the ribbon cutting ceremony for Advanced Auto Parts.

Councilmember Carlson reported his attendance at Off the Grid and at a Pleasant Hill Chamber of Commerce Government Affairs Committee meeting. Councilmember Carlson reported that he spoke at a John Muir Community Health Fund graduation ceremony.

6. PUBLIC COMMENT
Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

7. CONSENT CALENDAR
Motion (Flaherty/Carlson) to Approve all consent items excluding item 7.5, which was pulled for further discussion, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

7.1 Approve Minutes for the Regular City Council Meeting of April 4, 2022

7.2 Approve Checks Dated: April 1, 2022; April 8, 2022

7.3 Approve Appointment Recommendation to the Contra Costa Mosquito Vector Control District Board of Trustees

7.4 Adopt Resolution No. 24-22 Accepting Funds and Authorizing Expenditures from the California Supplement Law Enforcement Services Account (SLESA)

7.5 Adopt Resolution No. 25-22 Approving a $60,000 One-Time Grant to the Pleasant Hill Chamber of Commerce and Authorizing the City Manager to Execute the Grant Agreement - Item Pulled from Consent
Vice Mayor Flaherty requested a staff report on item 7.5.

Zach Seal, Economic Development Manager, delivered the staff report and provided the background on the grant request. Vice Mayor Flaherty asked about the other expenditures of the American Rescue Plan Act (ARPA) funds. Erick Cheung, Finance Manager, said that a presentation on the ARPA funds is scheduled as item 8.3 on the agenda.

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Attachment: April 18, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 April 18, 2022
Councilmember Noack explained that the grant is intended to replace lost revenue from cancelled events due to COVID-19, and to provide financial assistance to the Pleasant Hill Chamber of Commerce (Chamber).

Councilmember Carlson said that the grant is a gifting of funds to the Chamber due to the pandemic. He remarked that an agreement may not be necessary.

Vice Mayor Flaherty asked about an accountability provision in the grant agreement documenting the use of funds. Councilmember Noack and Susan Hurl, President of the Pleasant Hill Chamber of Commerce, explained how the funds would be tracked.

Janet Coleson, City Attorney, explained that the City Council can amend the resolution to include an accountability clause without having to modify the grant agreement.

Ms. Hurl expressed her agreement that the Chamber would be willing to report back to the City on the use of funds.

Motion (Flaherty/Carlson) to Approve item 7.5 as amended, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8. ADMINISTRATION AND FINANCE

8.1 Adopt Resolution No. 26-22 Approving Participation in the Public Agencies PostEmployment Benefits Trust Program, Establishing the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and Authorizing the City Manager to Execute an Agreement with Public Agency Retirement Services (PARS) to Establish and Administer a Section 115 Trust Councilmember Rinn recused himself from participating on this item.

Erick Cheung, Finance Manager, introduced Rachel Sanders from the Public Agency Retirement Services (PARS).

Ms. Sanders delivered a presentation on working with PARS and its banking and investment partners. Ms. Sanders explained the purpose and benefits of Section 115 Prefunded Trusts. She reported on the City’s pension funding status and commented on its projected employer contributions.

Mr. Cheung explained the necessity to earn extra interest income in order to address rising costs.

Mr. Cheung reported that the Budget Committee recommended proceeding with a Section 115 Trust.

Councilmember Carlson asked about the investment policy and the contributions based upon the higher of $50,000 or 10% of the annual unassigned General Fund surplus balance to be

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Attachment: April 18, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 April 18, 2022
transferred to the Section 155 Trust. Ms. Sanders and Mr. Cheung responded to Councilmember Carlson.

Councilmember Noack explained the purpose of the unassigned General Funds and commented that the 10% or $50,000 contribution is the minimum amount.

Mayor Harris reiterated that Councilmember Rinn had recused himself and was not in the meeting room.

Councilmember Carlson expressed concern that the language regarding the 10% or $50,000 contribution as a minimum amount is not clear and recommended amending the resolution to clarify.

Mayor Harris asked about the fee structure, which was answered by Ms. Sanders.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

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

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

8.2 Adopt Resolution No. 27-22 Approving an Updated General Fund Reserve Policy Erick Cheung, Finance Manager, provided the background and purpose of the City’s General Fund reserve. Mr. Cheung spoke about the need to update the General Fund Reserve Policy to include the Pension Rate Stabilization Reserve with the intent to fund the Section 115 Pension PARS Trust.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Councilmember Noack remarked on the subtraction of $10,000,000.

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

AYES: Carlson, Flaherty, Noack, Rinn, Harris

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Attachment: April 18, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 April 18, 2022

8.3 Adopt Resolution No. 28-22 Approving Amendments to the Annual Budget for Fiscal Year 2021/22 to Appropriate American Rescue Plan Act (ARPA) Funds and Elect the Standard Allowance Allowed by the U.S. Treasury for the Revenue Loss Category
Erick Cheung, Finance Manager, delivered the presentation regarding COVID-19 relief funding and explained the eligible uses of the funds provided by the Appropriate American Rescue Plan Act (ARPA), which is administered by the federal government. Mr. Cheung reported that the City received an allocation of $8.3 million from the ARPA. He said that the U.S. Treasury issued a “Final Rule” regarding the use and reporting of ARPA funds.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Motion (Flaherty/Noack) to Approve item 8.3, carried as follows:

AYES: Carlson, Flaherty, Noack, Rinn, Harris

8.4 Conduct a Discussion on City of Pleasant Hill Teleconferenced Public Meetings and Returning to In-person Meetings
Janet Coleson, City Attorney, summarized State law AB 361 which temporarily authorizes local agencies to use teleconferencing without having to comply with the requirements imposed by the Brown Act. Ms. Coleson discussed the options available to the City Council regarding the format of future meetings. Ms. Coleson and Danielle Habr, Principal Management Analyst/City Clerk, confirmed that the City Council would be able to conduct hybrid meetings.

Councilmembers, Ms. Coleson, Ms. Habr, and June Catalano, City Manager, engaged in discussions regarding logistics and safety protocols for conducting in person or hybrid meetings; allowing flexibility for the City commissions and committees to self-determine their meeting protocols; and researching how other jurisdictions are conducting their meetings.

Mayor Harris opened public comment.

There was no public comment.

Mayor Harris closed public comment.

Councilmembers, Ms. Habr, Ms. Coleson, and Ms. Catalano continued further dialogue regarding training for Councilmembers and staff for hybrid meetings; contact tracing and social distancing protocols; and allowing for the most flexible policy under AB 361.

The City Council provided directions to staff for allowing a hybrid meeting to be conducted in June 2022.

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Attachment: April 18, 2022 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 6 April 18, 2022

9. PUBLIC WORKS AND COMMUNITY DEVELOPMENT

9.1 Adopt Resolution No. ___-22 Approving a Preferred Land Use Alternative for the Preparation of the Update of the General Plan and Housing Element Item is continued to the meeting of May 2, 2022

10. ADJOURNMENT
Mayor Harris adjourned the meeting at 8:34 p.m. The next regular meeting will be held on Monday, May 2, 2022, beginning at 7:00 p.m.
________
CAROL W. WU, CITY CLERK RECORDER

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Attachment: April 18, 2022 Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: APRIL 15, 2022; APRIL 22, 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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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 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 March 16, 2022, and the TRANSPAC Board meeting summary minutes for March 10, 2022.

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 March 16, 2022, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Board meeting on March 10, 2022, are also included in the attached minutes.

At the March 10, 2022 TRANSPAC Board meeting, Philip Ho, Senior Civil Engineer with the City of Pleasant Hill was appointed to fill the vacant primary staff position on the CCTA Technical Coordinating Committee for the term ending March 31, 2023. No other meeting items related to the City of Pleasant Hill.

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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 March 16, 2022 TRANSPAC Committee Meeting Summary Minutes for March 10, 2022 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: June Catalano, City Manager

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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/March 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: March 31, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its March 16, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for April 2022
Recommendation: Staff recommended that the Authority Board reconsider the circumstances of the State of Emergency, discuss the findings that the Contra Costa Health Services released regarding the revised Recommendations for Safely Holding Public Meetings dated March 1, 2022, which strongly recommended online meetings, social distancing, masks, and that a teleconferencing option for the public be provided if a determination is made to hold in‐person meetings, and provide direction to staff on the conduct of meetings for April 2022, with a reconsideration at a special meeting in early April 2022, to adhere to the 30‐day requirement.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation RTPC Memorandum
March 31, 2022

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/March 16, 2022 RTPC Memo.doc Action: The Authority Board authorized staff to continue conducting meetings remotely for all legislative bodies of the Authority through May 2022 with 30-day reconsiderations of the circumstances.

B. Receive a Presentation from the Metropolitan Transportation Commission (MTC) on the Proposed Transit Oriented Communities (TOC) Policy and Provide Feedback
Recommendation: Staff sought feedback on the proposed TOC Policy and authorization to submit a formal comment letter to MTC.

Action: The Authority Board provided feedback on the proposed TOC Policy and authorized staff to submit a formal comment letter to MTC.

C. Approval to Enter Into a Funding Agreement with Contra Costa County for $1,400,000 of Measure X Funds to Support Implementation of Elements of the Accessible Transportation Strategic Plan
Recommendation: Staff recommended that the Authority Board enter into a funding agreement with Contra Costa County for $1.4 million in Measure X funding for the funding period through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) the establishment of a Coordinating Entity.

Action: The Authority Board authorized staff to enter into a funding agreement with Contra Costa County for $1.4 million in Measure X funding for the funding period through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) the establishment of a Coordinating Entity.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, March 16, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

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

1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelley convened the meeting at 6:00 PM. Commissioner Thorpe was absent.

Rep. Worth arrived at 6:04 PM.

2. PLEDGE OF ALLEGIANCE

3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.

DISCUSSION: There were no public comments for items not on the agenda.

4. PRESENTATIONS

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

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

Noes‐None
Absent‐Commissioner Thorpe
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of February 16,2022

6. Administration & Projects Committee ‐ Consent:

A. 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.

B. Accept Monthly Accounts Payable Invoice Report for January 2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for January 2022.

C. Legislative Update
Recommendation: Staff will provide an update on legislation, along with address any questions that may arise. The Authority may take action on any item presented on the attachments or any State or Federal legislation pertaining to the Authority’s legislative program.

7. Planning Committee ‐ Consent: None

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. East Contra Costa County Dynamic Personal Micro Transit Project – Project Status Update
Recommendation: Staff will provide an update on the status of this project. This is an information item only; no staff recommendation at this time.

DISCUSSION: Stephanie Hu, Director, Projects introduced the item and Brent Butzin

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

with Kaplan Kirsch Rockwell (KKR). Mr. Butzin provided an overview of the Dynamic Personal Micro Transit (DPMT) project and its goals and objectives; and how it meets the East County transit priorities. He presented on the alternative project delivery method of Public‐Private Partnership and its potential delivery structure, procurement process, and the authorizing statutes and roles of both the Authority and Tri Delta Transit. Mr. Butzin also provided an update on the industry outreach conducted in February 2022 and the anticipated project schedule.

Commissioners provide comments. Staff and consultantresponded to comments from commissioners.

B. Approval of Fiscal Year (FY) 2021‐22 Mid‐Year Budget for the Authority and Congestion Management Agency
Recommendation: Staff seeks approval of Resolution 21‐33‐A (Rev 1), which will update changes to the FY 2021‐22 budget.

ACTION: Commissioner Arnerich moved to approve Resolution 21‐33‐A (Rev 1), which will update changes to the Fiscal Year 2021‐22 budget, seconded by Commissioner Gerringer. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Thorpe
Abstain‐None
DISCUSSION: Brian Kelleher, Chief Financial Officer, discussed the budget method, proposed summary of changes, sales tax revenues, projected federal, state, and local revenue, capital project funding, and proposed expenditures.

Commissioners provided comments.

C. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for April 2022
Recommendation: Staff recommends that the Authority Board reconsider the circumstances of the State of Emergency, discuss the findings that the Contra Costa Health Services released regarding the revised Recommendations for Safely Holding Public Meetings dated March 1, 2022, which strongly recommends online meetings, social distancing, masks, and that a teleconferencing option for the public be provided if a determination is made to hold in‐person meetings, and provide direction to staff on the conduct of meetings for April 2022, with a reconsideration at a special meeting in early April 2022, to adhere to the 30‐day requirement. If the Authority Board should decide not to continue solely remote meetings,the Authority Board would no longer conductteleconferencingmeetings under Government Code Section 54953(e).

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

ACTION: Commissioner Noack moved to reconsider the circumstances of the State of Emergency, evaluate the findings that the Contra Costa Health Services released regarding the revised Recommendations for Safely Holding Public Meetings dated March 1, 2022, and authorize remote meetings for all legislative bodies of the Authority through May 2022 with 30‐day reconsiderations,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: Tarienne Grover, Director, Administrative Services, discussed the circumstances of the State of Emergency and Contra Costa Health Services’ recommendations for online meetings and social distancing, requirements for continuing remote meetings under Assembly Bill 361, challenges for the Authority, and sought direction on the safety protocol and meeting conduct for all legislative bodies of the Authority after March 2022.

Public Comment
Bruce Ohlson informed the Authority Board through the raised hand Zoom option that he wanted to provide comments, but due to audio issues with his system, he was not able to be heard.

9. Planning Committee ‐ Regular:

A. NEW ITEM: Receive a Presentation from the Metropolitan Transportation Commission (MTC) on the Proposed Transit Oriented Communities(TOC) Policy and Provide Feedback
Recommendation: Staff seeks feedback on the proposed TOC Policy and authorization to submit a formal comment letter to MTC.

ACTION: Commissioner Arnerich moved to provide feedback on the proposed Transit Oriented Communities Policy and authorize staff to submit a formal comment letter to the Metropolitan Transportation Commission, seconded by Commissioner Noack. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson; Commissioner Thorpe
Abstain‐None

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

DISCUSSION: John Hoang, Director, Planning introduced the item and Kara Vuicich with the Metropolitan Transportation Commission. Ms. Vuicich discussed the Transit Oriented Communities (TOC) Policy including the regional planning and policy timeline, Plan Bay Area 2050 implementation strategies addressed in the TOC Policy, proposed changes between the current Transit‐Oriented Development Policy and the proposed TOC Policy, proposed requirements for level of transit service associated with residential and office density, affordable housing and antidisplacement policies, parking management, station access and circulation, key issues for policy development, outreach to local jurisdictions and agencies, and the next steps.

Commissioners provided comments. Ms. Vuicich responded to commentsfrom Commissioners.

Commissioner Hudson left at 7:48 PM.

Public Comment
Lisa Vorderbrueggen, Building Industry Association of the Bay Area, expressed concerns with the TOC Policy.

B. NEW ITEM: Authorization to Release a Request for Qualifications (RFQ) for Consulting Services to Complete the Contra Costa Integrated Transit Plan (ITP) Recommendation: Staff seeks authorization to release an RFQ to select a consulting firm(s) to prepare a Contra Costa (Countywide) ITP and allocate $1,000,000 in Measure J Program 14 and 16 funds from Fiscal Year 2020‐21 to support the ITP.

ACTION: Vice Chair Glover moved to authorize staff to release a Request for Proposals to select a consulting firm(s) to prepare a Contra Costa (Countywide) Integrated Transit Plan (ITP) and allocate $1,000,000 in Measure J Program 14 and 16 funds from Fiscal Year 2020‐21 to support the ITP,seconded by Commissioner Mitchoff. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson; Commissioner Thorpe
Abstain‐None
DISCUSSION: Peter Engel, Director, Programs, provided a background and overview of the Metropolitan Transportation Commission’s (MTC) Blue Ribbon Task Force and identified need for an Integrated Transit Plan in Contra Costa County. Mr.

Engel discussed the outreach, funding contributions from MTC and transit operators to support the study, the proposed procurement process, key deliverables including community goals from a local perspective and surveys to determine post‐COVID transit demand, and to demonstrate that Contra Costa

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

County is trying to make transit more efficient and equitable, in addition to defining metrics for equity and community needs. Mr. Engel further discussed the need for an E76 or Authorization to Proceed from the California Department of Transportation, establishment of a Disadvantaged Business Enterprise goal and continuing to work with MTC and transit operators on the final Scope‐of‐Work.

C. NEW ITEM: Approval to Enter Into a Funding Agreement with Contra Costa County for $1,400,000 of Measure X Funds to Support Implementation of Elements of the Accessible Transportation Strategic Plan
Recommendation: Staff recommends that the Authority Board enter into a funding agreement with Contra Costa County for $1.4 million in Measure X funding for the funding period through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐ Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) the establishment of a Coordinating Entity.

ACTION: Commissioner Mitchoff moved to recommend that the Authority Board enter into a funding agreement with Contra Costa County for $1.4 million in Measure X funding for the funding period through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) the establishment of a Coordinating Entity, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Commissioner Hudson; Commissioner Thorpe
Abstain‐None
DISCUSSION: Peter Engel, Director, Programs, announced the award of funding from Contra Costa County to support user‐side subsidies for low‐income seniors and people with disabilities, the One‐Seat Ride Pilot Program, One‐Call/One‐Click Information and Referral Program, and the establishment of a Coordinating Entity.

Commissioners provided comments.

10. CORRESPONDENCE AND COMMUNICATIONS
A. Joint Letter from the Nine Bay Area Congestion Management Agencies and the Metropolitan Transportation Commission dated February 24, 2022 RE: Transit Bus on Shoulder Pilot ProgramGuidance

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on March 10, 2022 (Meeting handout if available)

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation Authority Board Meeting MINUTES
March 16, 2022

B. East County (TRANSPLAN): Meeting Report for the regular meeting on March 10, 2022 (Meeting handout if available)
C. Southwest County (SWAT): Notice of Cancellation for the regular meeting on March 7, 2022
D. West County (WCCTAC): Meeting Report for the regular meeting on February 25, 2022 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley announced that she will be attending the Mokelumne Trail Bike and Pedestrian Overcrossing Groundbreaking Celebration on March 18, 2022, and the Redefining Mobility Summit on April 5, 2022.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Rep. Foley announced that the redistricting maps were approved and discussed the vacancy that needs to be filled for District #7.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, announced the Authority’s first in‐ person all staff meeting in two years, the meeting and letter sent to the City of Concord regarding the term sheet for the Concord Naval Weapons Station, public outreach being conducted in the local jurisdictions through pop‐up events to discuss the Countywide Transportation Plan, the Mokelumne Trail Bike and Pedestrian Overcrossing Groundbreaking Celebration on March 18, 2022, and the Redefining Mobility Summit on April 5, 2022.

13. CALENDAR
A. March, April, May, and June 2022
B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for April 20, 2022 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 8:35 PM.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation

7.3.a
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Attachment: CCTA Executive Summary and Board Meeting Minutes for March 16, 2022 (Accept Update on Contra Costa Transportation TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: March 10, 2022
MEMBERS PRESENT: Loella Haskew (Chair), Walnut Creek; Peter Cloven (Vice Chair), Clayton; Tim McGallian, Concord;
Karen Mitchoff, Contra Costa County; Mark Ross
Martinez
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord; Diana Vavrek, Pleasant Hill
STAFF PRESENT: Andy Smith, Walnut Creek; John Cunningham, Contra Costa County; Melody Reebs, County
Connection; Saravana Suthanthira, Concord;
Ananthan Kanagasundaram, Pleasant Hill; Matt
Todd, TRANSPAC Managing Director; and Tiffany
Gephart, TRANSPAC Clerk
GUESTS/PRESENTERS: Bruce Ole Ohlson; Colin Clarke CCTA; John Hoang, CCTA; Dave Campbell, Bike East Bay; Rosa Noya,
County Connection; Scott Simmons, TRANSPAC
Rep. to CCTA CBPAC, John Byers, Center for Elders
Independence; Carol McCrary, George
Miller/Center Contra Costa ARC; Martin
Engelmann, Stantec; Raul Tovar, Placeworks;
Torina Wilson, Placeworks; Charlie Knox,
Placeworks; Erick Owens, Bike Concord
MINUTES PREPARED BY: Tiffany Gephart, TRANSPAC Clerk

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

Chair Haskew called the meeting to order at 9:00 AM.

2. PUBLIC COMMENT.

Bruce Ole Ohlson provided a public comment (see attached material).

3. CONSENT AGENDA.
a. Minutes of the February 20, 2022 Meeting.
b. CCTA Executive Director’s Report Regarding CCTA Actions /Discussion Items.

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Attachment: Transpac Committee Meeting Summary Minutes for March 10, 2022 (Accept Update on Contra Costa Transportation Authority and c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest.
d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Program Information Links
f. TRANSPAC Committee Appointments – CCTA TCC Appointment for the Term Ending March 31, 2023. Action: Appoint Philip Ho from the City of Pleasant Hill to fill the vacant primary staff position on the TCC for the term ending March 31, 2023. g. TRANSPAC Committee Appointments – CCTA CBPAC Appointment for the Term January 1, 2022 to December 31, 2023. Action: Appoint Smadar Boardman of the City of Walnut Creek to fill the vacant primary staff position on the CBPAC for the term ending December 31, 2023.

On motion by Commissioner McGallian, seconded by Commissioner Ross to approve the consent items by unanimous vote of the members present (Haskew, Cloven, Mitchoff, McGallian, Ross).

End Consent Agenda
Action Items

4. CONTINUE USE OF TELECONFERENCING FOR PUBLIC MEETINGS BY THE TRANSPAC BOARD AND SUBCOMMITTEES PURSUANT TO THE PROVISIONS OF AB 361.

On motion by Commissioner Mitchoff seconded by Commissioner McGallian to continue the use of teleconferencing for public meetings by the TRANSPAC Board and subcommittees pursuant to the provisions of AB 361 by unanimous vote of the members present (Haskew, Cloven, Mitchoff, McGallian, Ross)
Matt Todd requested input on a date for the special AB 361 meeting to reauthorize resolution to continue remote teleconference meetings and avoid a lapse in excess of 30 days between the March 10th and April 14th meetings. The Board agreed hold the Special meeting on March 31, 2022.

Information Items

5. CENTRAL COUNTY ACTION PLAN UPDATE: LOCAL PLANNING EFFORTS, ROUTES OF REGIONAL SIGNIFICANCE, PUBLIC OUTREACH AND NEXT STEPS.

Torina Wilson provided a presentation outlining the Measure J Growth Management Program, Countywide Transportation Plan, Action Plan, Transit Routes of Regional Significance, Action Plan project schedule and next steps including outreach efforts. Ms. Wilson noted that the Bicycle Routes of Regional significance are being revised based on TAC feedback and will be brought to the Board at a future meeting. A listing of outreach events and detailed project

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Attachment: Transpac Committee Meeting Summary Minutes for March 10, 2022 (Accept Update on Contra Costa Transportation Authority and information are available at the project website: ccta.net/planning/countywide-transportationplan/.

Dave Campbell complimented the CCTA and project staff on the outreach efforts. Mr. Campbell asked how staff will help the public envision a bicycle and transit network that they have never seen and how can community stakeholders such as Bike East Bay help with these efforts. He further commented that one multi-modal map is needed as opposed to separate maps.

Ms. Wilson commented that she is aware of the feedback on the maps and staff have been brainstorming how to approach the maps given GIS capabilities and what is most helpful for the public. She noted that the maps may evolve in the future and are more of talking point currently. Ms. Wilson further commented that she engages the public by first demonstrating the need for their input in improving transportation and biking infrastructure depending on what their interests and needs are whether avid riders, drivers, etc.

Erick Owens commented that there is not a lot of emphasis on modern road design within the City of Concord. He noted a disconnect between the traffic engineers at the city level and the idealistic vision of the County. He further asked if these two entities will meet where the City Engineers will design roads based on this vision. He noted that in his experience, the City Council does not place an emphasis on safety in the Council meetings.

Ms. Wilson commented that historically Action Plans have not included bicycle and pedestrian facilities. An emphasis on these facilities is new and may influence projects, programs, and infrastructure in the future.

Commissioner McGallian commented that all of Mr. Owens comments are a priority and that there is an implementation and funding component to consider. He further noted that hopefully the updates to the Action Plan will provide future funding opportunities to aid in the improvement of infrastructure.

6. MEASURE J LINE 20A FUNDS PROGRAM – FY 2022/2023 AND FY 2023/2024 PROGRAMMING CYCLE.

Mr. Todd introduced the item and the attending representatives who provided presentations on their programs and projects seeking Measure J Line 20a funds. The following agencies were represented:
• George Miller Center/Contra Costa ARC – Concord Transportation Project, Carol Anne McCrary
• Center for Elders Independence – Contra Costa County Transportation Initiative, Tom Byers
• CCCTA/County Connection: Midday Free Rides and Travel Training Programs, Melody Reebs and Rosa Noya

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Attachment: Transpac Committee Meeting Summary Minutes for March 10, 2022 (Accept Update on Contra Costa Transportation Authority and Mr. Todd asked Ms. Reebs about the Bridge/RES program and who are the participants and what is the eligibility. It is through MDUSD and students who are transitioning into adulthood.

The program assists with skills to encourage their independence. The RES success program targets a similar age range and provides a similar service for participants past school age. Ms.

Reebs noted that she is not certain of the application process details.

7. TRANSPAC CCTA Representative Reports
Chair Haskew commented that the Planning Committee Meeting was cancelled, and that Sue Noack was not in attendance to present on the recent Administration and Projects Committee meeting.

8. TAC Oral Reports by Jurisdiction
Mr. Todd introduced Scott Simmons, the newly appointed CCTA CBPAC representative. Mr.

Simmons introduced himself.

9. BOARDMEMBER COMMENTS
Commissioner Ross asked if Mr. Ohlsons public comment would be addressed. Mr. Todd mentioned that he noted his comment and would follow-up with the City of Concord. Mr.

Clarke commented that he would follow-up as well.

10. MANAGING DIRECTOR’S REPORT
Ms. Gephart commented that she received several Form 700 e-file forms and noted that the forms are due on April 1st.

11. ADJOURN NEXT MEETING
The next regularly scheduled meeting is scheduled for April 14, 2022, at 9:00 A.M. The location will be determined pending further guidance from the Contra Costa County Department of Public Health.

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Attachment: Transpac Committee Meeting Summary Minutes for March 10, 2022 (Accept Update on Contra Costa Transportation Authority and 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Vice Mayor Tim Flaherty, Chair
Councilmember Ken Carlson
DATE: May 2, 2022
SUBJECT: Approve Appointment Recommendations to the Commission on Aging, Education Commission, and Planning Commission
The City Council is requested to approve the following recommendation for appointment:

COMMISSIONS TERM
Commission on Aging
Marion Gizzi Four-year term through April 2026
John Stoner Four-year term through April 2026
Education Commission
Lydia Gali (reappointment) Four-year term through April 2026 Troy Jones Four-year term through April 2026
Planning Commission
Jihawna Johnson Completion of unfilled term through April 2024

7.4 Packet Pg. 58

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING THE 2021 SIGNAGE & STRIPING PROJECT (VARIOUS LOCATIONS), PROJECT NO. 04-21,

AS COMPLETE AND AUTHORIZING THE CITY ENGINEER TO ISSUE

AND RECORD A NOTICE OF COMPLETION

SYNOPSIS
The 2021 Signage & Striping Project No. 04-21 (Project) provided new traffic striping, legends, markings, posts, signs, and raised pavement markers at various locations throughout the City.

The Contractor, Chrisp Company (Contractor), has completed all work to the City’s satisfaction.

The purpose of this item is to consider the acceptance of the Project as complete and to authorize the issuance of a Notice of Completion.

DISCUSSION
Background
On December 20, 2021, City Council adopted Resolution No. 75-21, which awarded the construction contract to the low bidder, Chrisp Company, for $116,000.00 (including contingency).

The approved FY 2020-2025 Capital Improvement Plan (CIP) allocated funds for this Project as part of the Existing Street Striping Maintenance Program (Project M-2). This program funds the maintenance and upgrade of pavement markings, reflectors, striping, curb painting, and signs, which, due to exposure to natural elements and vehicular wear, require regular upkeep. These devices are important roadway features and are required for the safe movement of vehicles, pedestrians, and bicycles on the roadway.

Analysis
The Project is now complete and the work conforms to the construction plans and specifications.

Construction began on February 7, 2022. The Contractor substantially completed the project on March 8, 2022, which was within the allotted contract time. The Contractor completed the remaining punch list items and additional added scope from Change Order No. 1 on April 20, 2022.

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Project highlights include:
 Removal of 9,180 linear feet and 948 square feet of existing pavement striping/messages;  Installation of 6,340 linear feet of Caltrans pavement striping details 22, 27B, 28, 29, 37B, 38, 38A, and 38B;
 Installation of 22 each Caltrans Type I, IV, and VI pavement arrows;  Installation of 4,414 linear feet of 4-inch, 12-inch, and 24-inch yellow and white pavement striping;
 Installation of 1,074 square feet of pavement messages;  Installation of 1,919 each raised pavement markers; and  Installation of 91 new traffic signs.

The total cost of construction, including one (1) change order, is $115,979.70, which is $20.30 below the approved contract amount of $116,000.00. Change order work totaled $13,050.00 and included items that were outside the original scope of work, as follows:
 Additional mobilization and traffic control;
 Installation of 1,500 linear feet of Caltrans pavement striping detail 22;  Installation of 3,000 linear feet of Caltrans pavement striping detail 27B; and  Removal and installation of one (1) new pedestrian barricade.

The City is retaining up to five percent of the total construction cost ($5,798.99) from Chrisp Company to ensure that the Contractor pays all of its vendors and suppliers. The procedure for releasing the retention is the City Council’s formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 35 days of recording the notice, the City may release final payment of the retained amount to the contractor. The completed work is subject to a one-year maintenance period to address any problems that occur within that time.

FISCAL IMPACT
The total project cost of $115,979.70 is funded by $67,797.70 in Measure J Funds (FY20/21) and $48,000.00 in Gas Tax Funds (Bike/Pedestrian Program). Completion of the Project is within the approved budgeted amount.

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

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RECOMMENDED CITY COUNCIL ACTION
Adopt the Proposed Resolution.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Omar Adina, Assistant Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

7.5 Packet Pg. 61
RESOLUTION NO. _-22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING THE 2021 SIGNAGE & STRIPING PROJECT (VARIOUS LOCATIONS), PROJECT NO. 04-21, AS COMPLETE AND AUTHORIZING THE CITY ENGINEER TO

ISSUE AND RECORD A NOTICE OF COMPLETION
WHEREAS, the City has adopted the FY 2020-2025 Capital Improvement Plan (CIP), which includes the 2021 Signage & Striping Project (Various Locations) No. 04-21 as part of the Existing Street Striping Maintenance Program (Project M-2 in the CIP) as a funded project; and WHEREAS, the 2021 Signage & Striping Project (Various Locations) No. 04-21 maintained and upgraded pavement markings, reflectors, striping, and signs; and WHEREAS, on December 20, 2021, the City Council awarded a contract to Chrisp Company to perform work described in the contract documents entitled 2021 Signage & Striping Project (Various Locations), Project No. 04-21; and
WHEREAS, the work has been performed to the satisfaction of the City and Chrisp Company is requesting final payment for the completed work; and WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill finds that the work performed as the 2021 Signage & Striping Project (Various Locations), Project No. 04-21, is complete to the satisfaction of the City.

BE IT FURTHER RESOLVED, that the City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 2
nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Signage and Striping Project Notice of Completion)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 RESCINDING AND REPLACING RESOLUTION NO. 26-22 AND APPROVING PARTICIPATION IN THE

PUBLIC AGENCIES POST-EMPLOYMENT BENEFITS TRUST

PROGRAM, ESTABLISHING THE CITY OF PLEASANT HILL

PENSION RATE STABILIZATION PROGRAM FUNDING AND

WITHDRAWAL POLICY, AND AUTHORIZING THE CITY MANAGER

TO EXECUTE AN AGREEMENT WITH PUBLIC AGENCY

RETIREMENT SERVICES (PARS) TO ESTABLISH AND ADMINISTER
A SECTION 115 TRUST

SYNOPSIS
The proposed resolution rescinds and replaces Resolution No. 26-22, approves participation in the Public Agencies Post-Employment Benefits Trust Program, establishes the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and authorizes the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to establish and administer a Section 115 Trust. The proposed resolution includes language not previously included in Resolution 26-22 but requested by US Bank.

DISCUSSION
Background
On April 18, 2022, the City Council adopted Resolution No. 26-22 authorizing the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to establish a Section 115 Trust. PARS reviewed the resolution and requested that language required by US Bank be included. This language was in the PARS Services Trust Agreement (Exhibit 1) which was incorporated as part of the original resolution; however, US Bank requires this be included as part of the formal resolution. The following are the key updates to the resolution:

1. Specifically identifies the adoption of the PARS Public Agencies Post-Employment Benefits Trust (Item #1 in the revised resolution)

2. Specifically identifies the City Treasurer and/or the Finance Manager as the City’s Plan Administrators (Item #5 in the revised resolution)
Staff has confirmed that the proposed resolution meets the criteria requested by US Bank.

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FISCAL IMPACT
Adoption of the proposed resolution and execution of the proposed agreement will result in a $1.0 million contribution to the PARS Section 115 Trust with a modification to the General Fund Reserve.

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 rescinding and replacing Resolution No. 26-22, approving participation in the Public Agencies Post-Employment Benefits Trust Program, establishing the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy, and authorizing the City Manager to execute an agreement with Public Agency Retirement Services (PARS) to establish a Section 115 Trust as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolution and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - PARS Services and Trust Agreement
Exhibit 2 - Pension Rate Stabilization Program Funding and Withdrawal Policy Prepared by: Erick Cheung, Finance Manager
Approved by: June Catalano, City Manager

7.6 Packet Pg. 64
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL RESCINDING AND REPLACING RESOLUTION NO. 26-22, AUTHORIZING THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES TO ESTABLISH AND ADMINISTER A SECTION 115 TRUST WITH AN INTIAL CONTRIBUTION OF $1 MILLION AND ADOPT THE PUBLIC AGENCIES POSTEMPLOYMENT BENEFITS TRUST FOR THE CITY OF PLEASANT HILL PENSION

RATE STABILIZATION PROGRAM FUNDING AND WITHDRAWAL POLICY WHEREAS, the City provides its permanent employees with a defined benefit pension through the California Public Employees’ Retirement System (CalPERS); and WHEREAS, CalPERS has made a number of changes in recent years which have increased the City’s required payments to the pension plan and decreased the plan’s funded status. Those changes that CalPERS has enacted are designed to increase the financial stability of its pension program, but result in higher City contributions; and
WHEREAS, City had an actuarial firm, Bartel Associates, review the City’s funding options to manage the pension liability and recommended establishing a Section 115 Trust; and WHEREAS, a Section 115 Trust is a tool to pre-fund pension liabilities through an IRS reviewed program; and
WHEREAS, Public Agency Retirement Services (PARS) has developed Public Agencies Post-Employment Benefits Trust (the “Program”) as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs; and WHEREAS, PARS has partnered with U.S. Bank and its sub-adviser HighMark Capital Management Inc., as trustee to provide investment services for the Program. To date, 259 California public agencies have adopted the Program for the establishment of a Pension Rate Stabilization program through PARS, including 125 cities and towns; and WHEREAS, the Budget Committee, at its meeting of April 6, 2022, approved the recommendation to proceed with the Section 115 Trust with PARS, an initial contribution of $1 million and adopt the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy.

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

1. The resolution rescinds and replaces Resolution No. 26-22;

2. Adopts the PARS Public Agencies Post-Employment Benefits Trust, effective May 2, 2022;

3. Approves the PARS Services and Trust Agreement attached as Exhibit 1;

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Packet Pg. 65
Attachment: Proposed Resolution (PARS Approval)

4. Approves an initial contribution of $1.0 million to be deposited into the Section 115 Trust;

5. Adopts the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy attached as Exhibit 2;

6. Appoints the City Treasurer, and/or the Finance Manager, or their successors/designees as the City’s Plan Administrators for the Program; and

7. The City’s Plan Administrators are hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City’s participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City’s Program.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2
nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MICHAEL HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

7.6.a
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Attachment: Proposed Resolution (PARS Approval)

AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement (“Agreement”) is made this _____ day of _____________, 2022, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter “PARS”) and the City of Pleasant Hill (“Agency”).

WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of pre-funding pension obligations and/or Other Post-Employment Benefits (“OPEB”) obligations (“Plan”) and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.

NOW THEREFORE, the parties agree:

1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as “Exhibit 1A” (“Services”) in a timely manner, subject to the further provisions of this Agreement.

2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as “Exhibit 1B”.

3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty (60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.

4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS’ standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.

5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as “Exhibit 1C” (“Data”). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. PARS shall indicate to Agency the time in which to deliver the Data so it can perform the Services. Unless specified in Exhibit 1A, PARS

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law.

In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.

6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS’ fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.

7. Confidentiality. Without the Agency’s consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.

8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers’ compensation, and similar matters.

9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys’ fees and costs, incurred by the other as a consequence of, to the extent, PARS’ or Agency’s, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.

10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.

PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in the County of Contra Costa.

12. Force Majeure. When a party’s nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party’s performance under the Agreement.

13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.

14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.

Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.

15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: City of Pleasant Hill; 100 Gregory Lane, Pleasant Hill, CA 94523; Attention: City Manager
Notices shall be deemed given on the date received by the addressee.

16. Term of Agreement. This Agreement shall remain in effect for the period beginning May 2, 2022 and ending May 1, 2025 (“Term”). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.

17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.

In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.

19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney’s fees.

20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart.

21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.

AGENCY:

BY:

June Catalano
TITLE: City Manager
DATE:

PARS:

BY:

Tod Hammeras
TITLE: Chief Financial Officer
DATE: 4/14/2022

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

EXHIBIT 1A

SERVICES
PARS will provide the following services for the City of Pleasant Hill Public Agencies PostEmployment Benefits Trust:

1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan provisions, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit 1A, paragraph 2 below.

2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust (“Trustee”), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.

3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

EXHIBIT 1B

FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit 1A based upon the following schedule:

An annual asset fee shall be paid from Plan assets based on the following schedule:

For Plan Assets from: Annual Rate:
$1 to $10,000,000 0.25%
$10,000,001 to $15,000,000 0.20%
$15,000,001 to $50,000,000 0.15%
$50,000,001 and above 0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval)

EXHIBIT 1C

DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon receiving the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:

1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms

2. Contribution – completed Contribution Transmittal Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)

3. Distribution – completed Payment Reimbursement/Distribution Form signed by the Plan Administrator (or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator (or authorized Designee)

4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.

7.6.b
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Attachment: Exhibit 1 - PARS Services and Trust Agreement (PARS Approval) City of Pleasant Hill
Pension Rate Stabilization Program
(PRSP)
Funding Policy

7.6.c
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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 1 Purpose and Introduction
The purpose of this Pension Rate Stabilization Program (PRSP) Funding Policy (“Policy”) is to establish a methodology and a process for funding current and future costs associated with the City’s contractual obligations to provide pension benefits as set forth in the City’s labor agreements.

Adoption and Implementation
The City Council is responsible for adopting the Pension Rate Stabilization Program (PRSP) and for approving any significant revision. The designated Plan Administrators are responsible for developing administrative procedures, as needed, to implement the Policy. In this role, the Plan Administrators are authorized to make minor administrative changes in the Policy as long as they are intended to carry out the purpose of this Policy and will not have any significant policy impact. The City Council will review and approve this policy via resolution, as needed, to ensure it meets the current and future needs of the City.

Initial Set Up
The City shall establish an Internal Revenue Service Code Section 115 approved irrevocable trust to achieve a higher rate of return on investments than that earned in LAIF.

Once the City transfers funds into such a trust, they can only be utilized for payment of employee pension costs.

The following outlines the governance and administration of the proposed Trust:

City Council has the authority to establish the Trust and define policies for the administration of the Trust funds.

The Plan Administrator will have overall responsibility for the Trust funds and will develop and manage procedures in accordance with the City Council’s adopted policies. The City Council will designate the City Treasurer and the Finance Manager as the Plan Administrators.

Trust Administrator, Public Agency Retirement Services (PARS), keeps plan documents current to ensure that they reflect the substantive plan and provides ongoing consulting, reporting and plan accounting records.

Trustee, currently US Bank, will be the plan’s trustee and custodian and will safeguard the assets in the Trust, hold the investment securities for safekeeping and make disbursements on request.

7.6.c
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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 2 Investment Manager, currently Highmark Capital Management, will recommend investment portfolio allocations based upon the Pension Trust Funds’ adopted investment policies and manage those assets accordingly.

Trust Administrator
PARS has established a multiemployer irrevocable trust in compliance with the requirements of Section 115 of the Internal Revenue Code. While it is a multi-employer trust, each employer’s contributions benefit only its own employees. There is no sharing of either liability or investment earnings, and separate employer accounts are maintained.

PARS serves as the administrator of the Trust.

Trustee
Any contributions made to the program are held and invested by a trustee. The trustee duties include:

1. Safeguarding assets for the benefit of retirees;

2. Providing oversight protection of the investments;

3. Custodian of the assets; and

4. Disbursing funds to pay for pension costs.

Investment Manager
Investment Manager assists the City with selecting investment strategy depending on what rate of return the City expects to earn and level of risk tolerance the City is willing to take. Investment Manager provides annual review of the investment portfolio and asset allocation as well as takes on fiduciary responsibility for the City’s pension asset management.

Asset Allocation Investment Strategy
PARS provides flexibility to the City in the selection of the investment strategy for its funds in the Trust, giving the City control on target yield and level of risk on its investments. The City has the ability to select one of five Investment Options that best suits its desired or expected return on its investments in the Trust. Each Investment Option allocates the assets in varying investment combinations of equity, fixed income, and cash. With each Investment Option, as the expected rate of return increases, so does the assumed risk.

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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval) 3 The Asset Allocation Strategies and the corresponding Investment Options currently available are:

Equity Fixed Income Cash
Conservative 5% - 20% 60% - 95% 0% - 20%
Moderately Conservative 20% - 40% 50% - 80% 0% - 20%
Moderate 40% - 60% 40% - 60% 0% - 20%
Balanced 50% - 70% 30% - 50% 0% - 20%
Capital Appreciation 65% - 85% 10% - 30% 0% - 20%
The City Council will select the most appropriate investment option in the Trust.

This Policy recognizes that there will be investment market place volatility and that actual economic and demographic experience will differ from assumed experience. Accordingly, this Policy is intended to provide flexibility to smooth such volatility and experience in a reasonable, systematic and financially sound manner.

Contributions
To begin the funding of the Trust, the City will make a one-time contribution of $1.0 million to the Trust utilizing General Fund resources.

The City will consider making additional contributions to the Trust based on the net position of the General Fund recommended by the City Manager and Finance Manager. The amount will be based on unassigned General Fund Balance when revenues exceed costs (not including Measure K funds) in the audited financial statements. The contribution amount will be based on the annual excess audited unassigned General Fund Balance (not including Measure K). The recommended contribution amount will be based on the higher of 10% or $50,000 of the excess unassigned General Fund Balance.

Withdrawals
In order to establish a procedure for withdrawals of the funds:
a. City Manager will make recommendations to City Council during the budget process.
b. If needed immediately, City Manager will bring City Council Agenda Item for approval.

7.6.c
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Attachment: Exhibit 2: City of Pleasant Hill PRSP Funding and Withdrawal Policy (PARS Approval)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING THE OAK PARK AND MONTICELLO IMPROVEMENT PROJECT NO. 02-20 AS COMPLETE

AND AUTHORIZING THE CITY ENGINEER TO ISSUE AND RECORD

A NOTICE OF COMPLETION

SYNOPSIS
The Oak Park and Monticello Improvement Project, Project No. 02-20, provides for public roadway and utility infrastructure improvements to service the new City Library building, the proposed Recreation and Park District athletic fields, the housing development at 1750 Oak Park Boulevard, and the nearby Pleasant Hill Middle School. The contractor, Ghilotti Brothers, Inc., has completed all work to the City’s satisfaction. The purpose of this item is to consider the acceptance of the Project as complete and to authorize the issuance of a Notice of Completion.

DISCUSSION
Background
On May 18, 2020, via Resolution No. 36-20, the City Council awarded the Oak Park and Monticello Improvement Project No. 02-02 (Project), to Ghilotti Brothers, Inc. (Contractor) in the base bid amount of $4,248,999.40, plus 15 percent contingency funds in the amount of $637,349.91, for a total not to exceed $4,886,349.31.

On June 29, 2020, via Resolution No. 52-20, the City Council approved a change order for the installation of additional sanitary sewer and storm drain infrastructure. These items were originally included in the contract documents for the Pleasant Hill Library Project; however, potential delays in that project’s schedule necessitated the change order. The amount of the change order was $825,798.00, plus 15 percent contingency funds in the amount of $123,870.00, for a total of $949,668.00
The Project is funded through local funds (Measure K), and fair share reimbursements from Contra Costa County and Pleasant Hill Recreation & Park District, pursuant to the approved Backbone Infrastructure Cost Share Agreement that the City Council approved at its special meeting on May 11, 2020 (Resolution No. 33-20).

8.1 Packet Pg. 78
Analysis
The project is now complete and the work conforms to the construction plans and specifications.

Construction began on June 15, 2020. The Contractor completed the installation of underground utilities on December 4, 2020, paving of Oak Park Boulevard and Monticello Avenue on January 14, 2021, and signal energization on March 16, 2021. The City granted a suspension of work operations during the fall/winter holidays. The Contractor substantially completed the project on January 15, 2022, which was within the allotted contract time. Construction delays which were outside of the Contractor’s control included WAVE’s relocation of overhead lines (completed on December 19, 2021); and AT&T’s relocation of overhead lines and removal of joint utility poles (completed on April 12, 2022).

Project highlights include:
 Installed 15,192 sf. of concrete sidewalk;
 Installed 15 ADA-compliant curb ramps;
 Installed 2,380 ft. of curb and gutter;
 Paved 2,716 tons of asphalt concrete;
 Installed 2,629 ft. of storm drain pipe;
 Installed three (3) creek outfalls;
 Installed 1,861 ft. of recycled water pipe;
 Installed 1,195 ft. of domestic water pipe;
 Installed 2,059 ft. of underground joint trench;
 Installed 13 decorative street light poles;
 Installed 1,370 ft. of sanitary sewer pipe;
 Upgraded one traffic signal;
 Installed one Rectangular Rapid Flashing Beacon (RRFB);  Planted 72 trees; and
 Installed traffic signs and striping.

Change order work totaled $1,678,491.41 and included items that were outside the original scope of work, as follows:
 Installation of storm drain and sanitary sewer systems originally included as part of the Pleasant Hill Library Project;
 Extension of drains beneath sidewalk;
 Modifications to underground joint trench, domestic water, and recycled water plans;  Sidewalk modifications including custom score patterns; and

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 Replacement of sanitary sewer pipe (to be reimbursed by CCCSD).

The total cost of construction, including change orders, is $5,889,973.33, which includes all items of work. The City was reimbursed for additional work completed by the Ghilotti Brothers on behalf of others (CCCSD, PG&E and Davidon Homes) totaling $135,085.70. This leaves a difference of $5,754,887.63, which is $81,129.68 below the approved contract amount of $5,836,017.31.

FISCAL IMPACT
The total Project cost of $5,889,973.33 is funded through local funds (Measure K), fair share reimbursements from Contra Costa County ($3,377,508) and Pleasant Hill Recreation & Park District ($1,250,000) per the approved Backbone Infrastructure Cost Share Agreement that the City Council approved at its special meeting on May 11, 2020 (Resolution No. 33-20). The reimbursements by CCCSD, PG&E and Davidon Homes for out-of-scope work totaled $135,085.70. Completion of the Project is within approved budgeted amount.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution accepting the Project as complete and authorizing the City Engineer to issue a Notice of Completion.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Deirdre Castillo, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

8.1 Packet Pg. 80
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING THE OAK PARK AND MONTICELLO IMPROVEMENT PROJECT NO. 02-20

AS COMPLETE, AND AUTHORIZING THE CITY ENGINEER TO ISSUE AND RECORD A

NOTICE OF COMPLETION
WHEREAS, the Oak Park and Monticello Improvement Project No. 02-20 is identified as a budgeted and approved project in the FY 2020-2025 Capital Improvement Plan (CIP) (Project MK-5); and
WHEREAS, the Oak Park and Monticello Improvement Project provides for public roadway and utility infrastructure improvements to service the new City Library building, the proposed Recreation and Park District athletic fields, the housing development at 1750 Oak Park Boulevard, and the nearby Pleasant Hill Middle School; and WHEREAS, on May 18, 2020, the City Council awarded a contract to Ghilotti Brothers, Inc. to perform work described in the contract documents entitled Oak Park and Monticello Improvement Project No. 02-20; and
WHEREAS, on June 29, 2020, the City Council approved a change order for the installation of additional sanitary sewer and storm drain infrastructure, which were not initially included in the contract documents; and
WHEREAS, the work has been performed to the satisfaction of the City and Ghilotti Brothers, Inc. is requesting final payment for the completed work; and WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill finds that the work performed as the Oak Park and Monticello Improvement Project No. 02- 20, is complete to the satisfaction of the City.

BE IT FURTHER RESOLVED, that the City Engineer is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof. (Signatures on the Following Page)

8.1.a
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Attachment: Proposed Resolution (Oak Park and Monticello Improvement Project Completion) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 2
nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

8.1.a
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Attachment: Proposed Resolution (Oak Park and Monticello Improvement Project Completion)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A CHANGE ORDER FOR BHM
CONSTRUCTION INC.'S CONTRACT FOR ADDITIONAL SCOPE OF

WORK FOR THE NEW PLEASANT HILL LIBRARY

SYNOPSIS
Adopt a resolution to authorize the City Manager to execute a Change Order (Exhibit A) in the amount of $743,616 for BHM Construction Inc.’s contract for additional scope of work to support the installation of a solar power system by Tesla, Inc., low voltage systems, utility work, shelving in the reading room and sculptural log artwork for the new Pleasant Hill Library.

DISCUSSION
Background
In August 2020, City Council awarded a construction contract to BHM Construction Inc. for the new Pleasant Hill Library Project No. 06-20 in the amount of $21,252,282. This includes a base bid of $20,917,282 and bid alternates of $335,000. Addition of the construction contingency of ten percent, or $2,125,228, brings the total project cost to $23,377,510.

On February 7, 2022, the City Council approved the request to purchase the solar power system and authorized staff to facilitate procurement and installation of the low voltage systems, the library move-in and allocation of utility funds to cover ongoing utility services and tie-in expenditures.

Analysis
Additional Scope of Work:

Photovoltaic System Support by BHM $117,246:

The budget amount of $513,038 for the new solar panel system was approved at the February 7, 2022 City Council Meeting. The City has engaged Tesla, Inc. for the purchase and installation of the photovoltaic solar panels with a contract amount of $372,418.

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BHM performed installation support of the solar panel system in the amount of $117,246. The total cost of procurement and installation of the solar panel system was $489,664, which is $23,374 below the approved photovoltaic system budget.

Low Voltage System $294,524:

The low voltage systems include video surveillance, intrusion detection, access control, assisted listening, audio-visual video conference, and public address systems. The approved technology budget is $523,750. To minimize time and cost impact of procurement by the City, BHM procured and installed the low voltage equipment for $294,524. With anticipated equipment purchased by the County Library for $100,000 and City purchased equipment of $75,000, the total cost for Low Voltage is forecast to be $469,524, which is $54,226 below the approved technology budget.

Utilities $106,544:

The City Council authorized allocation of $250,000 to cover the ongoing utility services and tiein expenditures. During the site improvement phase of the library project, BHM performed work to support additional scope required for agency requirements for connections and tie-ins. Of the allocated budget for these ongoing services, BHM’s work totaled $106,544.

Installation of Shelving in Reading Room $125,302:

The heating and cooling system for the library is a radiant floor system with tubing that spans throughout the main reading room floor. The tall shelving in the main reading room must be anchored to the floor. Location of shelving anchors requires coordination among the shelving installer, BHM, and the mechanical contractor. The cost of the installation of the shelving is $125,302.

Installation of Sculptural Log Artwork $100,000:

BHM estimates the cost of installing the sculptural log artwork, which includes delivery of the artwork and the pouring of footings, is approximately $100,000.

FISCAL IMPACT
The FY 2020/2025 CIP (Project MK-4) allocated a total of $33,569,103, which is a combination of local Measure K funds ($31,086,103), Private Sources/Friends of the Library ($1,500,000), Public, Educational, and Governmental (PEG) Access funds ($680,000), and Unified Lighting District funds ($303,000). Total Project Budget allocated $523,750 for Technology (Low Voltage Systems), and $1,000,000 for Utilities.

BHM Construction Inc. Base Contract $21,252,282
Construction contingency of ten percent (10%) $2,125,228 Total Construction Cost by BHM $23,377,510
Additional Scope of Work
Photovoltaic System $117,246
Low Voltage Systems $294,524
Utilities for Tie-in during Site Improvement $106,544
FFE-Tall Shelving $125,302
Sculptural Log Installation $100,000

8.2 Packet Pg. 84
Total Additional Scope Cost $743,616
Revised Maximum BHM Construction Inc. Contract $24,121,126 Though the additional scope of work described above represents an increase of $743,616 in BHM’s total contract cost, the library project as a whole remains within the overall budget approved by City Council. The remaining balance of the budget after the change order is executed will be $1,045,014.

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 to authorize the City Manager to execute a Change Order (Exhibit A) in the amount of $743,616 for BHM Construction Inc.’s contract for additional scope of work to support the installation of a solar power system by Tesla, Inc., low voltage systems, utility work, shelving in the reading room and sculptural artwork for the new Pleasant Hill Library.

The revised total contract amount will be $24,121,126.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolution and provide direction to staff.

ATTACHMENT(S):

Proposed Resolution
Exhibit A – Change Order
Prepared by: Nimone Li-Hardisty, Swinerton Management and Consulting Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

8.2 Packet Pg. 85
RESOLUTION NO. ___-22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A CHANGE ORDER IN THE AMOUNT OF $743,616 FOR BHM CONSTRUCTION INC.’S CONTRACT FOR

ADDITIONAL SCOPE OF WORK FOR THE NEW PLEASANT HILL LIBRARY WHEREAS, in August 2020 (Resolution 71-20), City Council awarded a construction contract to BHM Construction Inc. for the Pleasant Hill Library Project No. 06-20 in the amount of $21,252,282. The project construction cost is $21,252,282, which includes a base bid of $20,917,282 and bid alternates of $335,000. Addition of the construction contingency of 10 percent, or $2,125,228, brings the total project cost to $23,377,510.; and WHEREAS, Staff requests City Council to authorize City Manager to execute a Change Order (Exhibit A) to increase BHM Construction Inc.’s contract for additional scope of work to support the installation of a solar power system by Tesla, Inc., low voltage systems, utility work, shelving in the reading room and sculptural logs for the new Pleasant Hill Library in the amount of $743,616; and
WHEREAS, the FY 2020/2025 CIP (Project MK-4) allocated a total of $33,569,103, which is a combination of local Measure K funds ($31,086,103), Private Sources/ Friends of the Library ($1,500,000), Public, Educational, and Governmental (PEG) Access funds ($680,000), and Unified Lighting District funds ($303,000).

NOW, THEREFORE, BE IT RESOLVED, by the CityCouncil of the City of Pleasant Hill that the City Manager is authorized to execute a Change Order to increase BHM Construction Inc.’s contract by $743,616 to support the installation of: a solar power system by Tesla, Inc., low voltage systems, utility work, shelving in the reading room, and sculptural logsfor the new Pleasant Hill Library.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 2nd day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

8.2.a
Packet Pg. 86
Attachment: Proposed Resolution (BHM Change Order)
Engineering
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
April 27, 2022
Mr. Aaron Renne
BHM Construction Inc.
221 Gateway Rd. W. Ste. 405
Napa, CA 94558
Re: Pleasant Hill Library, Project No. 06-20 – Change Order #010 Dear Mr. Renne:

Per the General Conditions, Article 44, Changes and Extra Work, of our Contract Agreement, “The City, without invalidating the Contract, may order changes in the Work consisting of additions, deletions or other revisions, and the Contract Price and Contract Time shall be adjusted accordingly.” This change order includes all labor, materials, and equipment costs in the total amount of $743,616.00 to complete the following work:

1. The City approved proposal from the Contractor, BHM to incorporate cost associated with additional scope of work to support installation Tesla solar power system. The Contractor has agreed to perform this work at the agreed total itemized price of $117,246.00.

2. The City approved proposal from the Contractor, BHM to incorporate cost associated with procurement and installation of low voltage systems which includes video surveillance, intrusion detection, access control, assisted listening, audiovisual video conference, and public address systems. The Contractor has agreed to perform this work at the agreed total itemized price of $294,524.00.

3. The City approved proposal from the Contractor, BHM to incorporate cost associated with additional scope for agency requirements for utility connections and tie-ins during the site improvement phase of the library project. The Contractor has agreed to perform this work at the agreed total itemized price of $106,544.00.

4. The City approved proposal from the Contractor, BHM to incorporate cost associated with additional scope required to purchase, store and install the tall shelving system in the main reading room. The Contractor has agreed to perform this work at the agreed total itemized price of $125,302.00.

5. The City approved proposal from the Contractor, BHM to incorporate cost associated with additional scope required to coordinate installation of sculptural logs in the activity yard.

The Contractor has agreed to perform this work at the agreed total itemized price not to exceed $100,000.00.

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Attachment: Exhibit A - Change Order (BHM Change Order) CO #010 Page 2 of 2

6. The Contract shall be modified to allow for additional working days To Be Determined upon agreement between BHM and the City.

The consideration specified in this Change Order is the full and sole compensation owed to the contractor as a result of the changes and issues described in this Change Order. Such consideration includes, but is not limited to, any and all direct and indirect costs incurred by the contractor as a result of the changes and issues described in this Change Order for any labor, equipment, materials, overhead (additional, extended, field and home office), profit, or time adjustments. By signing this Change Order, the contractor waives and releases the owner from all claims for additional compensation concerning any of the changes and issues specified in this Change Order.

City Authorization: Contractor Acknowledgement:

Signature and Date Signature and Date
June Catalano, City Manager
_______________________
Printed Name, Title

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Attachment: Exhibit A - Change Order (BHM Change Order)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ALLOWING FOR IN-PERSON,

HYBRID TELECONFERENCED, OR FULLY TELECONFERENCED

MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE
PROVISIONS OF AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings. On October 4, 2021, the City Council adopted Resolution No. 63-21 approving continued teleconferencing of the meetings of all of the City’s legislative bodies pursuant to the provisions of AB 361; since then, the City Council has continuously affirmed the resolution within the 30-day deadline to continue teleconferencing under AB 361. The City Council most recently adopted Resolution No. 19-22 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.

On April 18, 2022, the City Council met and gave direction to staff to return to the May 2, 2022 meeting with a resolution providing for the maximum amount of flexibility in safely holding public meetings of the City’s legislative bodies. The City Council may now wish to consider adopting a resolution that clarifies all legislative bodies in the City may hold in-person, hybrid teleconferenced or fully teleconferenced public meetings, pursuant to the provisions of AB 361.

DISCUSSION
AB 361 temporarily authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Brown Act when the legislative body of the local agency holds a meeting 1) during a declared state of emergency, when state or local health officials have imposed or recommended measures to promote social distancing, 2) during a proclaimed state of emergency held for the purpose of determining, by majority vote, whether meeting in person would present imminent risks to the health or safety of attendees, and 3) during a proclaimed state of emergency when the legislative body has determined that meeting in person would present imminent risks to the health or safety of attendees. The City Council has been utilizing AB 361 to hold teleconferenced meetings since October 2021 for the City Council and all subsidiary City commissions, boards, and committees.

The State of California emergency declaration regarding COVID-19 remains in effect, and both

9.1 Packet Pg. 89
State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing, to help stop the spread of COVID-19 is recommended. To the extent that the City elects at any point to hold a hybrid meeting at which some persons are permitted to attend in person, the City will ensure that the meeting facility (e.g., City Council Chambers) allows for adequate separation to account for social distancing for members of the public attending the meeting. Once the facility reaches capacity, in light of these social distancing efforts, any remaining members of the public should be directed to attend the meeting virtually.

FISCAL IMPACT
The City Council’s adoption of the resolution to allow in-person, hybrid teleconferenced, or fully teleconferenced meetings for all City legislative bodies is not anticipated to result in any financial impact.

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 allowing for in-person, hybrid teleconferenced, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
Provide further direction to staff.

ATTACHMENT(S):

Proposed Resolution
Recommendations from Contra Costa Health Services (4/15/22) Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager

9.1 Packet Pg. 90
RESOLUTION NO.___ -22

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

ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY

TELECONFERENCED MEETINGS OF ALL LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF AB 361, AND RESCINDING AND REPLACING RESOLUTION 19-22
WHEREAS, the Ralph M. Brown Act (Gov. Code § 54950 et seq.) generally requires local agencies that meet via teleconference, including through other virtual or electronic means such as Zoom, to provide public access at each location in which members of the legislative body are teleconferencing; and WHEREAS, the Legislature enacted Assembly Bill 361 (AB 361), which amended Government Code section 54953 to allow local agencies to meet virtually during a proclaimed state of emergency if state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, the City Council finds that the Governor issued a proclamation declaring a state of emergency on March 4, 2020 due to the COVID-19 pandemic, pursuant to section 8625 of the California Emergency Services Act; and WHEREAS, the City Council has reconsidered the circumstances of the state of emergency and finds that state or local officials continue to recommend measures to promote social distancing; and
WHEREAS, the City Council desires that the City of Pleasant Hill, including all its commissions, committees, and other Brown Act bodies, shall have the option of holding public meetings in-person with social distancing, via hybrid teleconferencing, or via fully teleconferencing, pursuant to AB 361 and Government Code section 54953(e).

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill;
Section 1. The recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. This Resolution rescinds and replaces Resolution 19-22.

Section 3. The City Council and all other City commissions, committees, or other Brown Act Bodies shall be authorized to meet in person with social distancing, via hybrid teleconferencing or via fully teleconferencing the meeting. A hybrid approach is one in which some persons are permitted to attend in-person, as space permits, and others are permitted to attend virtually. The legislative body shall indicate which type of meeting it is holding by noting at the top of each agenda whether an in-person location is being

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Attachment: Proposed Resolution (Resolution re Teleconferenced, Hybrid or In-person Meetings) made available and if it is, approximately how many members of the public may be accommodated.

Section 4. The City Council shall take action to renew this Resolution every thirty days for as long as any state or local officials continue to recommend measures to promote social distancing, but the City Council may terminate the Resolution at any time.

In the event that more than thirty days pass in between regular City Council meetings for any reason, the City Council shall take action to renew this Resolution prior to taking any action or engaging in any deliberation or discussion at the beginning of the next regular meeting or a special meeting called for such purposes.

Section 5. The City Council hereby finds and determines that this action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15060(c)(2) and 15060(c)(3), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project” pursuant to Section 15378(b)(5) of the CEQA Guidelines.

Section 6. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council declares that it would have adopted this Resolution regardless of the invalidity of any particular portion of this Resolution.

Section 7. This Resolution shall take effect immediately upon its passage.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (Resolution re Teleconferenced, Hybrid or In-person Meetings) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID 19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of April 15, 2022 in Covid-19 case rate and Covid-19 hospitalizations have plateaued at this time, but wastewater surveillance data and COVID-19 test positivity has been increasing. In addition to this, the predominant variant of Covid-19 being identified continues to be the Omicron variant, the impact of which on the spread of Covid-19 has shown to dramatically increase COVID-19 transmission.

2. If a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended, when possible, to give those at higher risk of and/or higher concern about COVID-19 an alternative to participating in person.

3. A written safety protocol should be developed and followed. It is recommended that the protocol require social distancing, where feasible – i.e. six feet of separation between attendees; and consider requiring or strongly encouraging face masking of all attendees and encouraging attendees to be up-to-date on their COVID-19 vaccine.

4. Seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times.

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart.

6. Current evidence is unclear as to the added benefit of temperature checks in addition to symptom checks. We encourage focus on symptom checks as they may screen out individuals with other Covid-19 symptoms besides fever and help reinforce the message to not go out in public if you are not feeling well.

7. Consider a voluntary attendance sheet with names and contact information to assist in contact tracing of any cases linked to a public meeting.

Revised 4-15-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County

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Attachment: Recommendations from Contra Costa Health Services 4-15-22 (Resolution re Teleconferenced, Hybrid or In-person Meetings)

CITY COUNCIL STAFF REPORT
Meeting Date: May 02, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 RECOGNIZING JUNE AS LESBIAN,

GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING
(LGBTQ+) PRIDE MONTH IN THE CITY OF PLEASANT HILL

SYNOPSIS
Councilmember Ken Carlson is requesting that a resolution be adopted recognizing June 2022 as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Plus (LGBTQ+) Pride Month in the City of Pleasant Hill.

DISCUSSION
Background
In the United States, the last Sunday in June was initially celebrated as “Gay Pride Day,” but the actual day was flexible. In major cities across the nation the day grew to encompass a monthlong series of events. In recent years, celebrations in the month of June have included pride parades, picnics, parties, workshops, symposia and concerts. LGBTQ+ Pride Month events have attracted millions of participants around the world. Memorials are held during this month for members of the community who have been lost to hate crimes or HIV/AIDS. The purpose of the commemorative month is to recognize the impact that lesbian, gay, bisexual, transgender, queer and questioning individuals have had on history locally, nationally, and internationally.

On June 5, 2017, the City Council adopted Resolution No. 45-17 (attached) declaring the City of Pleasant Hill’s commitment to being a welcoming, inclusive, tolerant and safe community for everyone. The City Council has since adopted resolutions each year recognizing the month of June as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Plus (LGBTQ+) Pride Month in the City of Pleasant Hill, and directed staff to fly a Rainbow Flag at City Hall throughout the month of June. The request from Councilmember Ken Carlson is for Council to adopt a similar resolution declaring the month of June (2022) as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Plus (LGBTQ+) Pride Month in the City and directing staff to fly a Rainbow Flag throughout the month of June.

10.1 Packet Pg. 94
Analysis
The City of Pleasant Hill has a diverse and active LBGTQ+ community and is committed to supporting visibility, dignity, and equity for all people in the community. Many residents, students, employees, and business owners within the City of Pleasant Hill are part of the LGBTQ+ community and contribute to the enrichment of Pleasant Hill.

It is appropriate to adopt a resolution recognizing June as LGBTQ+ Pride month and to fly a Rainbow Flag symbolizing the City’s celebration of diversity and support for the LGBTQ+ community.

FISCAL IMPACT
There is no fiscal impact in recognizing the month of June as LGBTQ+ Pride month.

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 declaring June 2022 as Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Plus (LGBTQ+) Pride Month in the City of Pleasant Hill and directing staff to fly a Rainbow Flag during the month of June.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the resolution.

ATTACHMENT(S):

Proposed Resolution
Resolution No. 45-17
Prepared by: Juanita Davalos
Approved by: June Catalano, City Manager

10.1 Packet Pg. 95
RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL RECOGNIZING JUNE 2022 AS LESBIAN, GAY, BISEXUAL, TRANSGENDER, QUEER OR QUESTIONING, PLUS (LGBTQ+) PRIDE MONTH IN THE CITY OF PLEASANT HILL WHEREAS, the City of Pleasant Hill has a diverse Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Plus (LGBTQ+) community and is committed to supporting visibility, dignity, and equity for all people in the community; and WHEREAS, many of the residents, students, employees, and business owners within the City of Pleasant Hill who contribute to the enrichment of our City are part of the LGBTQ+ community; and
WHEREAS, advancements have been made with respect to equitable treatment of LGBQ+ persons throughout the nation, and in Pleasant Hill, there remain opportunities to increase support for our LGBTQ+ residents; and
WHEREAS, June has become a symbolic month in which LGBTQ+ persons, and supporters, come together in various celebrations of pride; and WHEREAS, cities across the United States recognize and celebrate June as LGBTQ+ Pride month; and
WHEREAS, the City of Pleasant Hill feels it remains important to communicate its support for inclusivity and respect in our City, and desires to recognize and celebrate June as LGBTQ+ Pride month; and
WHEREAS, the Rainbow Flag, also known as the LGBTQ+ Pride Flag or Gay Pride Flag, has been used since the 1970s as a symbol of LGBTQ+ pride and social movements; and WHEREAS, flying the City’s Rainbow Flag at City Hall throughout the month of June further symbolizes Pleasant Hill’s official recognition of June as LGBTQ+ Pride month, reflects the City of Pleasant Hill’s viewpoint, and symbolizes the City’s celebration of diversity and support for the LGBTQ+ community.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Pleasant Hill does hereby declare the month of June 2022 as LGBTQ+ Pride month in the City of Pleasant Hill, and direct staff to fly a Rainbow Flag at City Hall throughout the month of June. [Signatures on the Following Page]

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Attachment: Proposed Resolution (LGBTQ Pride Month Resolution) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the held on the 2nd day of May, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

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Attachment: Proposed Resolution (LGBTQ Pride Month Resolution) RESOLUTION NO. 45-17

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

THE CITY OF PLEASANT HILL'S COMMITMENT TO BEING A WELCOMING, INCLUSIVE,

TOLERANT AND SAFE COMMUNITY FOR EVERYONE
WHEREAS, the City of Pleasant Hill is committed to serving and protecting all members of our community and strives to have a safe and welcoming community that promotes public safety and the protection of human rights, social justice, equality, diversity, and social well-being; and WHEREAS, the City of Pleasant Hill feels strongly that all persons should support due process and adhere to the rule of law; and.

WHEREAS, the City of Pleasant Hill seeks to continue to foster a relationship of trust, respect, and open communication between the City and members of our community, which is essential to the City's mission of ensuring public safety and due process for all; and WHEREAS, the City of Pleasant Hill strives to deliver efficient public services, provide a prosperous economic environment and high quality of life for everyone in our community, and encourages cooperation between our community and the City, including law enforcement officers and all other employees; and
WHEREAS, through the City's commitment to social justice and inclusion, one of the City's objectives is to enhance its relationship with all members of our community, including immigrants.

NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Pleasant Hill does hereby reaffirm our commitment to ensuring that all people residing in, working in, visiting or passing through the City of Pleasant Hill feel safe and are treated with dignity and equality.

BE IT FURTHER RESOLVED THAT due to the complexity of federal immigration laws, the laws of the State of California, the City's limited resources, the need to promote trust and cooperation with the public, including immigrants, and to attain the City's objectives, the City Council seeks to clarify through this resolution the City's alignment with state and federal law, and the relationship between the City and the federal government regarding immigration enforcement with the following statements:

It is not the policy of the City to request or maintain information regarding the citizenship or immigration status of any person or arrest any person solely for violations pertaining to immigration status unless such information is required by state or federal law or judicial decision.

Jt is not the policy of the City to disclose information stemming from cases involving victims of domestic abuse or sexual assault, unless required by law.

It is not the policy of the City to use City resources for federal immigration enforcement unless required by federal or state law or judicial decision.

BE IT FURTHER RESOLVED THAT nothing in this resolution shall be construed or implemented to conflict with maintaining public safety, or any valid and enforceable duty or obligation imposed by court order or applicable law.

BE IT FURTHER RESOLVED THAT the City of Pleasant Hill encourages and promotes public safety, human rights, social justice, equality, and social well-being for all. -1-

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Attachment: Resolution 45-17 (LGBTQ Pride Month Resolution) BE IT FURTHER RESOLVED THAT the City of Pleasant Hill believes in and is committed to continue our work to build a community that is welcoming, inclusive, just, law-abiding, and safe for all individuals regardless of their race, religion, sexual orientation, disability status, gender, gender identity, immigration status or country of origin.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 5th day of June, 2017, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Carlson, Flaherty, Noack, Rinn, Harris
None
None
None
MICHAEL G. HARRIS, OD, Mayor
APPROVED AS TO FORM;
/ ./ -- ? L----
-2-

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Attachment: Resolution 45-17 (LGBTQ Pride Month Resolution)