Pleasant Hill City Council
October 17, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
OCTOBER 17, 2022
REGULAR MEETING – 7:00 PM
Per City Council resolution under AB 361, members of the City Council, City staff/consultants, and the public will be able to participate either in-person* at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
or remotely via Zoom.
*Due to social distancing requirements, limited seating is available in person; if capacity is reached, you may participate remotely via Zoom.*
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: 890 4597 7593
Passcode: 752398
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 October 17, 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
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.

Comments are generally limited to three minutes.

Public Participation Options
1)_ Watch the Meeting via Youtube Livestream at www.pleasanthillca.org/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by deadline will be provided to the City Council before the meeting). Please specify that the correspondence is for public comment at the Council meeting. 3) Make Public Comment During the Meeting
When the Mayor invites public comment (or public comments on specific agenda items), you may participate in one of the following three ways:

City Council Meeting Agenda Page 2 October 17, 2022
a. Via Zoom
Go to www.Zoom.us using your computer/smart device and enter the Meeting ID and Passcode provided near the top of this page. You are encouraged to turn on your camera/video with a blurred background during your public comment so the City Council and public can see you on screen. We ask that you state your name and city of residence for the record when you start your comments.

Please use the "Raise hand" feature in Zoom. You will be observing the meeting as an Attendee and will not be seen or heard until it is your turn to speak. You will be invited into the meeting as a Panelist and asked to speak when it is your turn.
 Try to be in a room or space without a lot of background noise.  Mute your microphone until it is your turn to speak.
 Have a strong, reliable internet connection
a. Via Phone
Call (669) 900-6833 and enter the Meeting ID and Passcode. If connecting via telephone, press *9 to “raise your hand” to alert staff that you wish to speak. (Note that there may be multiple hearing items on the same agenda.)
 Have a strong, reliable internet connection or cell phone signal. a. In Person
Members of the public may attend the meeting in person subject to the limited space available. You may speak on any matter within the City Council's jurisdiction. Please fill out a speaker's card, available at the entry to the Council Chambers, and turn it in to the City Clerk.

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 to the public in the City’s Public Records Portal at https://cityarchive.pleasanthillca.org/WebLink/ (click on City Council Agenda Packets) or by contacting the City Clerk at [email protected] or 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.

City Council Meeting Agenda Page 3 October 17, 2022

1. PLEDGE OF ALLEGIANCE

2. ROLL CALL

3. CLOSED SESSION REPORTS (IF ANY)

4. PRESENTATIONS

4.1 Introduction of New Civic Action Commissioner John Stephens

4.2 Proclamation Committing to Continue to Support Elections that are Safe, Free and Fair

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

6. COUNCIL ANNOUNCEMENTS AND REPORTS

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

6.2 Announcements from Councilmembers

7. 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 provide public comments, please see the Public Participation Options above.

8. 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.

8.1 Approve Checks Dated : September 30,2022; October 07,2022

8.2 Adopt Ordinance No. ___ Amending Zoning Ordinance Regulations for Urban Lot Splits (Section 18.20.097) and Two-Unit Projects (Section 18.20.105) Related to Senate Bill 9 (SB 9) and Determining the Ordinance to be Exempt from CEQA
Exempt per Section 15061, subdivision (b)(3), and per Section 65852.21, subdivision (j), and Section 66411.7, subdivision (n).

8.3 Adopt Resolution No.___-22 Authorizing the Mayor and the City Manager to Execute a Successor Compensation Plan and Approving the Accompanying Salary Schedule for the City of Pleasant Hill Management Group

8.4 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute an Agreement with Houston-Galveston Area Council (HGACBuy) and Accompanying Purchase Order with Motorola Solutions Inc. for the Purchase of Portable and Vehicle Radios for the Pleasant Hill Police Department
City Council Meeting Agenda Page 4 October 17, 2022

9. ACTION CALENDAR

9.1 Presentation and Overview of the Adopted 2022 Local Roadway Safety Plan

9.2 Approval of the Pleasant Hill Tourism Improvement District Annual Report for Fiscal Year 2021/22

9.3 Adopt Resolution No. ___-22 Authorizing the City Manager to Execute a Fifth Amendment to the Agreement for Professional Services with Contra Costa Health Services, Health, Housing and Homeless Services Division to Provide Homeless Outreach Services Through the County's Coordinated Outreach, Referral, and Engagement (CORE) Program

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

CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED : SEPTEMBER 30,2022; OCTOBER 07,2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Maria Alfredo
Approved by: Erick Cheung, Finance Manager

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Attachment: Check Registers (Check Register)

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CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ AMENDING ZONING ORDINANCE REGULATIONS FOR URBAN LOT SPLITS (SECTION 18.20.097) AND TWO-UNIT PROJECTS (SECTION 18.20.105) RELATED TO SENATE BILL 9 (SB 9) AND DETERMINING THE ORDINANCE TO BE EXEMPT

FROM CEQA

SYNOPSIS
In response to Senate Bill 9 (SB 9), which was signed into law by the governor and became effective on January 1, 2022, the proposed ordinance will amend the City of Pleasant Hill’s zoning regulations for urban lot splits and two-unit projects on single-family residential lots.

The proposed amendments would replace the City’s current urgency ordinance adopted by City Council in December 2021. The proposed ordinance was introduced at a public hearing held on October 3, 2022, and is now submitted for a second reading and consideration for adoption.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed ordinance.

ATTACHMENTS
Proposed Ordinance
Prepared by: Haley Croffoot, AICP, Senior Planner
Reviewed by: Ethan Bindernagel, Assistant City Manager/Community Development Director
Approved by: June Catalano, City Manager

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ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE, INCLUDING SECTIONS 18.20.097 (URBAN LOT SPLITS) & 18.20.105 (TWO-UNIT PROJECTS) RELATED TO THE PROVISIONS OF SENATE BILL 9 (SB 9)
WHEREAS, the City of Pleasant Hill, California (the “City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are proposed to provisions related to Urban Lot Splits and Two-Unit Projects; and WHEREAS, in 2021, the California Legislature approved, and the Governor signed into law, Senate Bill 9 (“SB 9”), which took effect January 1, 2022, and, among other provisions, added Government Code section 65852.21 and 66411.7 to impose new limits on local authority to regulate urban lot splits and two-unit projects; and
WHEREAS, on December 6, 2021, the City Council adopted Ordinance No. 951 approving an urgency ordinance adding Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and
WHEREAS, the City wishes to amend the urgency ordinance and Municipal Code Sections

18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects) to establish permanent regulations related to urban lot splits and two-unit projects; and WHEREAS, the Planning Commission held a study session on May 24, 2022, to discuss several topics to assist Staff in drafting the permanent ordinance components; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was noticed and held by the Planning Commission on June 28, 2022, and continued to the July 12, 2022 meeting date regarding the proposed ordinance amendment at which time all interested parties were invited to provide comments; and WHEREAS, the Planning Commission held a public hearing on July 12, 2022, and adopted Resolution No. 14-22 recommending the City Council adopt amendments to Municipal Code Sections 18.20.097 (Urban Lot Splits) and 18.20.105 (Two-Unit Projects); and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance was noticed and held by the City Council on September 12, 2022, and continued to the October 3, 2022 meeting date at which time all interested persons were invited to provide comments; and
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:

Section 1. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment,

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 2 as the proposed activity (ordinance amendment) is exempt because it will not have a significant effect on the environment and does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.

In addition, under California Government Code sections 65852.21, subdivision (j), and 66411.7, subdivision (n), the adoption of an ordinance by a city or county implementing the provisions of Government Code sections 66411.7 and 65852.21 regulating urban lot splits and two-unit projects is statutorily exempt from the requirements of the California Environmental Quality Act (“CEQA”). Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements these new laws enacted by SB 9.

Section 2. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.097, with the following language to read in full as follows:

18.20.097 Urban lot splits.

A. Purpose. The purpose of this section is to allow and appropriately regulate urban lot splits in accordance with Government Code section 66411.7.

B. Definition. An “urban lot split” means the subdivision of an existing, legally subdivided lot into two lots in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for an urban lot split. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for an urban lot split must be submitted on the city’s approved form. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

3. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a parcel map for an urban lot split is approved or denied ministerially, by the building official, without discretionary review.

2. A tentative parcel map for an urban lot split is approved ministerially if it complies with all the requirements of this section. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 3 demonstrates that the required documents have been recorded, such as the deed restriction and easements. The tentative parcel map expires six months after approval.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. An urban lot split must satisfy each of the following requirements:

1. Map Act Compliance.
a. The urban lot split must conform to all applicable objective requirements of the Subdivision Map Act (Gov’t. Code § 66410 et seq., “SMA”), including implementing requirements in this code, except as otherwise expressly provided in this section.
b. If an urban lot split violates any part of the SMA, the city’s subdivision regulations, including this section, or any other legal requirement:
i. The buyer or grantee of a lot that is created by the urban lot split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract. ii. The city has all the remedies available to it under the SMA, including but not limited to the following:
(A) An action to enjoin any attempt to sell, lease, or finance the property.
(B) An action for other legal, equitable, or summary
remedy, such as declaratory and injunctive relief.
(C) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
(D) Record a notice of violation.
(E) Withhold any or all future permits and approvals.
c. Notwithstanding Government Code section 66411.1 (SMA), no dedication of rights-of-way or construction of off-site improvements is required for an urban lot split.

2. Compliance with the City’s Subdivision Regulations. The urban lot split must conform to all applicable objective requirements of the City’s Subdivision regulations (Title 17, Subdivisions) except that no dedication of rights-of-way or construction of off-site improvements are required for an urban lot split.

3. Zone. The lot to be split is designated as a standard single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 4 4. Lot location.
a. The lot to be split is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building standards.
iv. A hazardous waste site that has not been cleared for residential use.
v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to
the local jurisdiction; or
(B) Meets Federal Emergency Management Agency
requirements necessary to meet minimum floodplain
management criteria of the National Flood Insurance
Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. ix. Habitat for protected species.
x. Land under conservation easement.
b. The purpose of subsection E.4.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

5. Not historic. The lot to be split must not be a historic property or within a historic district that is included on the State Historic Resources Inventory.

Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

6. No prior urban lot split.
a. The lot to be split was not established through a prior urban lot split.
b. The lot to be split is not adjacent to any lot that was established through a prior urban lot split by the owner of the lot to be split or by any person acting in concert with the owner. Any person acting “in concert” with the owner here includes any third party that

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 5 coordinates or assists the owners of two adjacent lots with their respective urban lot splits.

7. No impact on protected housing. The urban lot split must not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its policy power.
c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application.
d. Housing that has been occupied by a tenant in the last three years.

The applicant and the owner of a property for which an urban lot split is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

8. Lot size.
a. The lot to be split must be at least 2,400 square feet. b. The resulting lots must each be at least 1,200 square feet. c. Each of the resulting lots must be between 60 percent and 40 percent of the original lot area.

9. Easements.
a. The owner, if required, must enter into an easement agreement with each public-service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement must be shown on the tentative parcel map. c. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the final map may be approved, in accordance with subsection D.2 of this section.
d. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the city will provide, a notice of termination of the easement, which the owner may record.

10. Lot access.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 6 a. Each resulting lot must have access, or be adjacent to the public right-of-way, that satisfies the objective provisions of the Subdivision Map Act and emergency access provisions of the Contra Costa County Fire Department Standards.

11. Dwelling unit standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a dwelling unit created under PHMC § 18.20.105, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU). See below:
b. Dwelling unit size.
i. The dwelling units developed on a lot resulting from an urban lot split must conform to the objective development standards that are imposed through the corresponding zone based on the resulting gross lot area (Schedule 18.20.030; Minimum Lot Area) and as outlined in subsections c.-f. of this section.
ii. If a resulting urban lot split size is in between the minimum lot size of two corresponding zones, the default zoning will be the smaller of the two single-family residential zoning districts.
iii. Any lot resulting from an urban lot split with a resulting site area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iv. The minimum size of each primary dwelling unit is 500 square feet and the objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
v. Any required enclosed parking space is not calculated as part of the dwelling unit size.
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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 7 c. Height restrictions.
i. Except as otherwise provided in subsection (c)(ii) below, no primary dwelling unit that is developed on a resulting lot may exceed one story or 16 feet in height.
ii. If a primary dwelling unit on the lot complies with the setback standards set forth in Section 18.20.030, then the height of a primary dwelling unit may exceed 16 feet, up to the objective height limit that is imposed through the
underlying zone (Schedule 18.20.030; Maximum Building
Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories.
iii. Maximum height shall be measured from existing or
finished grade, whichever is lower, to the peak of the
structure.
iv. Any portion of a new primary dwelling unit that exceeds one story under (c)(ii) above must be stepped back by an additional five feet from the ground floor.
v. No balcony, deck, or other portion of the second story may project into the stepped back portion of the primary
dwelling unit.
vi. No rooftop deck is permitted on any new or remodeled dwelling unit or structure on a lot resulting from an urban lot split.
d. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the corresponding zone (Schedule 18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
e. Floor area ratio. Floor area ratio (FAR) must conform to the objective FAR requirements that are imposed through the corresponding zone. This FAR standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the corresponding zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.11.f of this section:
(A) Existing structures. No setback is required for an
existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 8 (B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the
construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.
g. Parking. Each new primary dwelling unit that is built on a lot after an urban lot split must have at least one off-street, covered and enclosed parking space per primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either:
(A) A corridor with fixed route bus service with
service intervals no longer than 15 minutes during peak commute hours; or
(B) A site that contains:
(1) An existing rail or bus rapid transit
station,
(2) A ferry terminal served by either a bus or
rail transit service, or
(3) The intersection of two or more major
bus routes with a frequency of service interval of 15
minutes or less during the morning and afternoon
peak commute periods.
ii. The site is located within one block of a car-share vehicle location.
iii. If the construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit’s off-street parking space must be unenclosed.
h. Design standards. All new primary dwelling units that are developed on a lot resulting from an urban lot split must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the extent that they do not prevent two primary dwelling units on the lot measuring 800 square feet each. i. Nonconforming conditions. An urban lot split may be approved without requiring a legal nonconforming zoning condition to be corrected.
j. Utilities.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 9 i. Each primary dwelling unit on the resulting lots must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to a non-site wastewater treatment system must first have a percolation test
completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
k. Building and safety. All structures built on the lot must comply with all current local building standards. An urban lot split is a change of use.
l. Fire safety. All structures built on the lot must comply with all current fire safety measures required by the Contra Costa County Fire Protection District.

12. Separate conveyance.
a. Within a resulting lot.
i. Primary dwelling units on a lot that is created by an urban lot split may not be owned or conveyed separately from
each other.
ii. Condominium airspace divisions and common interest
developments are not permitted on a lot that is created by an urban lot split.
iii. All fee interest in a lot and all dwellings on the lot must be held equally and undivided by all individual property
owners.
b. Between resulting lots. Separate conveyance of the resulting lots is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner must record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.

13. Stormwater and stormwater runoff. The development must comply with the following standards:
a. Compliance with California’s Stormwater C.3 requirements b. The development shall not contribute any net addition to stormwater runoff. A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA =
New Impervious area [sf] + Replaced Impervious
area [sf]

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 10 2. Calculate Storage Requirement: Storage
Requirement = 0.28 [gal/sf] * TDA
ii. Identify means of storage from the following (a
combination of different types is acceptable). Storage
retention devices must meet total increased storage
requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

14. Regulation of uses.
a. Residential only. No nonresidential use is permitted on any lot created by urban lot split.
b. No Short Term Rentals (STRs). No dwelling unit on a lot that is created by an urban lot split may be rented for a period of less than 30 days.
c. Owner occupancy. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant’s principal residence for a minimum of three years after the urban lot split is approved.

15. Deed restriction. The owner must record a deed restriction, on each lot that results from the urban lot split, on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential use of the lots created by the urban lot split.
c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. Limits development of the lot to residential standards that comply with the requirements of this section, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov’t. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (a)

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 11 inconsistency with the zoning ordinance or general plan land use designation or (b) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific adverse impact. (Ord. 951 § 2, 2021) Section 3. The City Council adopts amendments to the City’s Municipal Code, by amending Section 18.20.105, with the following language to read in full as follows:
“Section 18.20.105 Two-unit Projects
A. Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

B. Definition. A “two-unit project” means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

C. Application.

1. Only individual property owners may apply for a two-unit project. “Individual property owner” means a natural person holding fee title individually or jointly in the person’s own name or a beneficiary of a trust that holds fee title. “Individual property owner” does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. and Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. and Tax Code § 214.15).

2. An application for a two-unit project must be submitted on the city’s approved form.

3. The applicant must obtain a certificate of compliance with the Subdivision Map Act for the lot and provide the certificate with the application.

4. Only a complete application will be considered. The city will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

5. The city may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The city council may establish and change the fee by resolution. The fee must be paid with the application.

D. Approval.

1. An application for a two-unit project is approved or denied ministerially, by the building official, without discretionary review.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 12 2. The ministerial approval of a two-unit project does not take effect until the city has confirmed that the required documents have been recorded, such as the deed restriction and easements.

3. The approval must require the owner and applicant to hold the city harmless from all claims and damages related to the approval and its subject matter.

4. The approval must require the owner and applicant to reimburse the city for all costs of enforcement, including attorneys’ fees and costs associated with enforcing the requirements of this code.

E. Requirements. A two-unit project must satisfy each of the following requirements:

1. Map Act compliance. The lot must have been legally subdivided.

2. Zone. The lot is in a single-family residential zone. For purposes of this section, a single-family residential zone is a zone where the only residential use that is allowed as a primary use is a single residential dwelling on a lot (R-20, R-15, R-10, R-10A, R7, R-6, and appropriate PUDs).

3. Lot location.
a.The lot is not located on a site that is any of the following:
i. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.
ii. A wetland.
iii. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards.
iv. A hazardous waste site that has not been cleared for residential use. v. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.
vi. Within a 100-year flood hazard area, unless the site has either:
(A) Been subject to a letter of map revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 13 (B) Meets Federal Emergency Management Agency requirements necessary to meet minimum floodplain management criteria of the National Flood Insurance Program.
vii. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
viii. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.
ix. Habitat for protected species.
x. Land under conservation easement.
b.The purpose of subsection E.3.a of this section is merely to summarize the requirements of Government Code sections 65913.4(a)(6)(B) through (K). (See Gov’t. Code § 66411.7(a)(3)(C).)

4. Not historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.

5. No impact on protected housing. The two-unit project must not require or include the demolition or alteration of any of the following types of housing:
a.Housing that is income-restricted for households of moderate, low, or very low income.
b.Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
c.Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov’t. Code §§ 7060 through 7060.7) at any time in the 15 years prior to submission of the urban lot split application. d.Housing that has been occupied by a tenant in the last three years. The applicant and the owner of a property for which a two-unit project is sought must provide a sworn statement as to this fact with the application for the parcel map. The city may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement including, but not limited to, surveying owners of nearby properties; and the city may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 14 6. Dwelling unit Standards.
a. Quantity.
i. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this subsection, “dwelling unit” means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an accessory dwelling unit (ADU), or a junior accessory dwelling unit (JADU).
ii. A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the city’s ADU ordinance.

See examples below:
dwellings detached
ADU associated w/

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 15 b. Dwelling unit size.
i. The dwelling units must conform to the objective development standards that are imposed through the existing zone and as outlined in subsections c-g of this section.
ii. Any lot with a gross floor area less than 6,000 square feet shall be subject to the standards of the R-6 zoning district.
iii. The minimum size of each primary dwelling unit is 500 square feet. The objective development standards may only be enforced to the extent that they do not prevent two 800-square-foot primary dwelling units on a lot.
iv. Any required enclosed parking space is not calculated as part of the dwelling unit size
c. Height restrictions.
i. Except as otherwise provided in subsection (c)(ii) below, no primary dwelling unit that is developed on the lot may exceed one story or 16 feet in height.
ii. If a primary dwelling unit on the lot complies with the setback standards set forth in Section 18.20.030, then the height of a primary dwelling may exceed 16 feet, up to the objective height limit that is imposed through the corresponding zone (Schedule

18.20.030; Maximum Building Height (feet)). Notwithstanding the foregoing, no primary dwelling unit may exceed two stories. converted ADU; and

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 16 iii. Maximum height shall be measured from existing or finished grade, whichever is lower, to the peak of the structure. iv. Any portion of a new primary dwelling unit that exceeds one story under subsection (c)(ii) above must be stepped back by an additional five feet from the ground floor.
v. No balcony, deck, or other portion of the second story may project into the stepped back area of the dwelling.
vi. No rooftop deck is permitted on any new or remodeled dwelling unit or structure for a two-unit project.
d. Demolition cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years. e. Lot coverage. Lot coverage must conform to the objective lot coverage requirements that are imposed through the underlying zone (Schedule

18.20.030; Maximum Lot Coverage). This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each.
f. Floor area ratio. Floor Area Ratio (FAR) must conform to the objective FAR requirements that are imposed through the underlying zone (Schedule 18.20.030; Maximum Floor Area Ratio). This floor area ratio standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot measuring 800 square feet each. g. Setbacks.
i. Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone (Schedule 18.20.030; Minimum Yards).
ii. Exceptions. Notwithstanding subsection E.6.g of this section:
(A) Existing structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.
(B) Eight hundred square feet; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 17 h. Parking. Each new primary dwelling unit must have at least one off-street, covered and enclosed parking space parking space per primary dwelling unit unless one of the following applies:
i. The lot is located within one-half mile walking distance of either (A) a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(B) a site that contains
(1) an existing rail or bus rapid transit station,
(2) a ferry terminal served by either a bus or rail transit service, or
(3) the intersection of two or more major bus routes
with a frequency of service interval of 15 minutes
or less during the morning and afternoon peak
commute periods.
ii. The site is located within one block of a car-share vehicle location. iii. If construction of both a primary dwelling unit measuring 800 square feet or less in floor area and the required enclosed parking space would cause development on the lot to exceed the objective lot coverage requirement of the underlying zone, then the unit’s off-street parking space must be unenclosed.
i. Design standards for two-unit projects, attached or detached dwelling units. Each new primary dwelling unit that is developed on a lot must conform to the objective design standards outlined in the City of Pleasant Hill’s “City Wide Design Guidelines and Objective Design Standards” (18.20.040.K). The objective design standards are only enforced to the extent they do not prevent two primary dwelling units on the lot measuring 800 square feet each.
j. Nonconforming conditions. A two-unit project may only be approved if all nonconforming zoning conditions are corrected.
k. Utilities.
i. Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.
ii. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 18 have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. l. Building and safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the city’s current code.
m. Fire safety. All structures built on the lot must comply with all current fire safety measured required by the Contra Costa County Fire Protection District.

7. Separate conveyance.
a. Primary dwelling units on the lot may not be owned or conveyed separately from each other.
b. Condominium airspace divisions and common interest developments are not permitted within the lot.
c. All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

8. Stormwater and stormwater runoff. The development must comply with the following standards:
a.Compliance with California’s Stormwater C.3 requirements b.The development shall not contribute any net addition to stormwater runoff.

A Stormwater Plan is required to demonstrate compliance and shall include the following:
i. Stormwater calculations

1. Establish the Total Disturbed Area (TDA): TDA = New
Impervious area [sf] + Replaced Impervious area [sf]

2. Calculate Storage Requirement: Storage Requirement = 0.28 [gal/sf] * TDA
ii. Select means of storage from the following (a combination of different types is acceptable). Storage retention devices must meet total increased storage requirement:

1. Rain barrels

2. Detention ditches

3. Underground storage tanks

9. Regulation of uses.
a. Residential only. No non-residential use is permitted on the lot.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 19 b. No short term rentals (STRs). No dwelling unit on the lot may be rented for a period of less than 30 days.
c. Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners’ principal residence and legal domicile.

10. Deed restriction. The owner must record a deed restriction for a two-unit project on a form approved by the city, that does each of the following:
a. Expressly prohibits any rental of any dwelling unit on the property for a period of less than 30 days.
b. Expressly prohibits any non-residential use of the lot. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.
d. If the lot is not created by an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners’ primary residence and legal domicile.
e. States that:
i. The site is a two-unit project and is therefore subject to the city’s two-unit regulations, including all applicable limits on dwelling size and development.
ii. Development on the lot is limited to development of residential units under this section of this code, except as required by state law.

F. Specific adverse impacts.

1. Notwithstanding anything else in this section, the city may deny an application for a two-unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a “specific, adverse impact” on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

2. “Specific adverse impact” has the same meaning as in Gov. Code § 65589.5(d)(2): “a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete” and does not include (1) inconsistency with the zoning ordinance or general plan land

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 20 use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

G. Remedies. If a two-unit project violates any part of this code or any other legal requirement:

1. The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

2. The city may:
a. Bring an action to enjoin any attempt to sell, lease, or finance the property. b. Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
c. Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.
d. Record a notice of violation.
e. Withhold any or all future permits and approvals.
f. Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city’s code.

Section 4. This ordinance is consistent with the following General Plan goals and policies:

1. Community Development Goal 1 – Preserve and enhance residential neighborhoods.

The proposed amendments will establish objective development standards applicable to all urban lot split and two-unit projects in all single-family residential districts, pursuant to state law. These developments will be subject to a ministerial review and thus, the establishment of objective standards will ensure that new development will be compatible with, and enhance, the City’s residential neighborhoods while providing an opportunity for more housing.

2. Housing Element Goal 2 – Encourage a variety of housing.

The proposed amendments will allow for urban lot splits and two-unit developments on a single parcel within single-family residential zoning districts, which varies from the traditional single-family residential development pattern, as required by SB 9.

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments) 21 3. Housing Element Goal 5- Increase opportunities to develop safe, sanitary and decent housing.

The proposed amendments will allow increased opportunities for safe, sanitary and decent housing on existing lots in single-family residential zones by allowing for urban lot splits and two-unit developments, that would otherwise not result in increased housing under current single-family residential provisions.

Section 5. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.”
Section 6. This ordinance shall be effective 30 days after its adoption.

Section 7. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 3rd day of October, 2022.

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
________________________________
DANIELLE K. HABR, City Clerk

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Attachment: Proposed Ordinance (SB 9 Ordinance Amendments)

CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-22 AUTHORIZING THE MAYOR AND

THE CITY MANAGER TO EXECUTE A SUCCESSOR COMPENSATION

PLAN AND APPROVING THE ACCOMPANYING SALARY SCHEDULE

FOR THE CITY OF PLEASANT HILL MANAGEMENT GROUP

SYNOPSIS
Adoption of the proposed resolution would authorize the Mayor and City Manager to execute the successor Compensation Plan between the City of Pleasant Hill and the Management Group.

DISCUSSION
Background
A bargaining team comprised of IEDA Consultant Greg Ramirez and the City’s Human Resources Manager negotiated with representatives of the Management Group in good faith to reach agreement on a successor Compensation Plan. The parties began meeting via Zoom on August 18, 2022, prior to the most recent Compensation Plan expiring on August 30, 2022. After three very productive negotiation sessions the parties successfully reached a tentative agreement on Monday, October 3, 2022. The Management Group membership held a virtual ratification vote via email and the tentative agreement was unanimously approved by the membership.

Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with the Management Group on a new Compensation Plan that meets the interests of both parties. The following are the noteworthy changes in the proposed Compensation Plan relative to its predecessor:
 Change in term to September 1, 2022 through August 30, 2023  Annual cost of living adjustment (COLA) of 3% effective September 1, 2022  One time lump sum payment of $3,000

8.3 Packet Pg. 53

FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the Compensation Plan between the City and Management Group will cost approximately $162,000 in salaries and benefits for the life of the contract. This amount includes $57,000 in ARPA funds which will be transferred to the General Fund.

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

RECOMMENDED CITY COUNCIL ACTION
Staff recommends approving the proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
Council can redirect staff to continue to negotiate with the Management Group representatives.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – Compensation Plan (MPP) – September 1, 2022 through August 30, 2023 Prepared by: Ericka R. Mitchell, Human Resources Manager Approved by: June Catalano, City Manager

8.3 Packet Pg. 54
RESOLUTION NO. -22

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

AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A

SUCCESSOR COMPENSATION PLAN AND APPROVING THE ACCOMPANYING

SALARY SCHEDULE FOR THE CITY OF PLEASANT HILL MANAGEMENT GROUP WHEREAS, the most recent Management Pay Plan (“Compensation Plan” or “MPP”) covering the Pleasant Hill Management Group (“Management Group”) expired on August 30, 2022; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with the Management Group concerning terms of a successor Compensation Plan; and
WHEREAS, Gregory Ramirez, IEDA employee, served as the City’s labor relations consultant to confer over those terms with representatives of the Management Group; and WHEREAS, meetings have been conducted between the City’s consultant and the Management Group, resulting in tentative terms of the successor Compensation Plan; and WHEREAS, the terms of said successor Compensation Plan are set forth in full in writing in the redline comparison document (Exhibit 1) and the Compensation Plan/MPP (Exhibit 2) attached hereto; and
WHEREAS, the Management Group membership voted to ratify the tentative terms of the proposed successor Compensation Plan; and
WHEREAS, the City will appropriate and transfer up to $57,000 of ARPA funds to reimburse the City for MPP expenditures to the General Fund; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the terms of the attached Compensation Plan are by this reference incorporated herein and shall have effect according to its terms when signed by the authorized representatives of the Management Group and the City as provided herein. At that time, Resolution No.31-21 approving the expired Compensation Plan shall be deemed superseded and rescinded.

BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the successor Compensation Plan in the form attached hereto, subject to any nonsubstantive changes acceptable to the City Attorney, and following signing by the authorized Management Group representative(s).

BE IT FURTHER RESOLVED, that the City Council of the City of Pleasant Hill approves and adopts the accompanying Salary Schedule (Exhibit B to the Compensation Plan). [Signatures on the Following Page]

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Attachment: Proposed Resolution (MPP Successor Compensation Plan) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of October 17, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE HABR, City Clerk

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Attachment: Proposed Resolution (MPP Successor Compensation Plan)

CITY OF PLEASANT HILL

MANAGEMENT PAY PLAN
April 1, 2021September 1, 2022 through August 31,
20222023

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) ii

CITY OF PLEASANT HILL

MANAGEMENT PAY PLAN

TABLE OF CONTENTS
Page
SECTION 1. ESTABLISHMENT AND PURPOSE OF
MANAGEMENT PAY PLAN .................................................................. 1 SECTION 2. ADMINISTRATION OF MANAGEMENT PAY PLAN ............................. 1 SECTION 3. DEFINITIONS AND STATUS ................................................................. 1 Section 3.A. Management Employee .............................................................. 1 Section 3.B. Department Head ........................................................................ 2 Section 3.C. At Will Status of Department Heads .......................................... 2 ...............................................................................................................................

Section 3.D. Employment Status of Non-Department Head Managers........ 2 Section 3.E. Executive Team ........................................................................... 2 Section 3.F. Classifications Covered by Management Pay Plan ................. 2 SECTION 4. TERM OF MANAGEMENT PAY PLAN.................................................. 2 SECTION 5. MANAGEMENT SALARY RANGES...................................................... 2 Section 5.A. Annual Adjustment of Salary Ranges ....................................... 2 Section 5.B. Additional Adjustments to Police Management Salary Ranges to Preserve Differentials.................................... 3 Section 5.C. Absence of Salary “Steps” ........................................................ 3 Section 5.D. Impact of Salary Range Adjustments on
Individual Salaries....................................................................... 4 Section 5.E. Setting Salaries Within Ranges.................................................. 4 Section 5.F. Salary Ranges for Management Classifications ....................... 4 SECTION 6. WAGE INCREASES............................................................................... 4 Section 6.A. Wage Increases for the Period
April 1, 2021September 1, 2022 to August 31, 20222023.......... 4 Section 6.B. Wage Increase Awarded Regardless of
Salary Range Limits .................................................................... 4 SECTION 7. MERIT INCREASES AND PERFORMANCE EVALUATIONS............... 5 Section 7.A. Basis for Merit Increases............................................................ 5 Section 7.B. Performance Evaluation Process .............................................. 5 Section 7.C. Merit Adjustment Guidelines...................................................... 6 Section 7.D. Top of Range Limit for Merit Increases..................................... 6 Section 7.E. City Manager’s Discretion Regarding Merit Increases............. 6

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) iii
SECTION 8. PERFORMANCE BONUSES ................................................................. 7 SECTION 9. EQUITY ADJUSTMENTS....................................................................... 8 SECTION 10. LONGEVITY PAY................................................................................... 8 SECTION 11. SEVERANCE PAY ................................................................................. 8 Section 11.A. Department Heads ..................................................................... 8 Section 11.B. Non-Department Head Managers.............................................. 9 SECTION 12. SICK LEAVE........................................................................................... 9 Section 12.A. Sick Leave Accrual and Use..................................................... 9 Section 12.B. Annual Sick Leave “Buy Back” ............................................... 9 Section 12.C. Payment for Accrued Sick Leave Upon
Separation From Employment................................................ 10 Section 12.D. Medical Leave.......................................................................... 10 SECTION 13. HOLIDAYS............................................................................................ 10 SECTION 14. ADMINISTRATIVE LEAVE................................................................... 11 SECTION 15. VACATION .......................................................................................... 11 Section 15.A. Vacation Accrual ..................................................................... 11 Section 15.B. Maximum Vacation Accrual.................................................... 12 Section 15.C. Vacation Buy Back.................................................................. 12 SECTION 16. HEALTHCARE AND RELATED BENEFITS ........................................ 13 Section 16.A. Medical Coverage.................................................................... 13 Section 16.B. Medical “In Lieu” Payments .................................................. 13 Section 16.C. Dental Coverage...................................................................... 14 Section 16.D. Vision Care .............................................................................. 14 Section 16.E. IRS Section 125 Plan............................................................... 14 Section 16.F. Life Insurance .......................................................................... 14 Section 16.G. Disability Insurance ................................................................ 14 Section 16.H. Healthcare Cost Containment Committee Participation...... 14 SECTION 17. RETIREMENT....................................................................................... 15 Section 17.A. PERS Retirement..................................................................... 15 Section 17.B. Sick Leave Conversion Upon Retirement –
Existing Employees Hired Before November 1, 2011 .......... 17 Section 17.B.1. Existing Employees as of October 31, 2011 ...................... 17 Section 17.B.2. Employees Hired On or After November 1, 2011............... 17 Section 17.B.3. Applying Accrued Vacation Leave To
Post-Retirement Healthcare Costs..................................... 18

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) iv
Section 17.B.4. Reversion of Funds.............................................................. 18 Section 17.B.5. Use of Sick Leave Credit for PERS
Retirement Purposes........................................................... 18 Section 17.C. Deferred Compensation (457) Accounts................................ 18 Section 17.D. 401(a) Money Purchase Plan................................................... 18 Section 17.E. RHS Contribution .................................................................... 19 SECTION 18. MISCELLANEOUS BENEFITS............................................................ 19 Section 18.A. Membership in Professional and Civic Organizations......... 19 Section 18.A.1. Professional Organizations................................................... 19 Section 18.A.2. Civic Clubs and Organizations ............................................. 19 Section 18.B. Uniform Allowance.................................................................. 20 Section 18.C. Educational Expense Reimbursement.................................. 20 EXHIBIT “A”: Management Classifications Covered by the
Management Pay Plan (as of April 1, 2021September 1, 2022)... 22 EXHIBIT “B”: Management Group Salary Ranges
(Effective April 1, 2021September 1, 2022) ......................... 23

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 1 MANAGEMENT PAY PLAN
SECTION 1. ESTABLISHMENT AND PURPOSE OF MANAGEMENT PAY PLAN The City Council and the City’s management employees wish to establish and maintain an equitable plan of compensation and benefits for department heads and other management personnel of the City. This plan shall be known as the “Management Pay Plan” (also known as the “Plan” or “MPP”). The purpose of the Plan is to recognize professional performance and to compensate and retain the most talented and motivated managers for the City of Pleasant Hill.

SECTION 2. ADMINISTRATION OF MANAGEMENT PAY PLAN
The Management Pay Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the plan. The City Manager shall also periodically evaluate the composition of the group included in the plan and recommend to the City Council the addition or deletion of management employee classifications for inclusion in the plan.

SECTION 3. DEFINITIONS AND STATUS
A. Management Employee. A “management employee” is defined as:

1. Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to department heads; and

2. Any employee having authority to:
a. Exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances; or
b. Effectively recommend any such employment actions, provided, the exercise of such authority to recommend an employment action is not of a merely routine or clerical nature, but requires the use of independent judgment.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 2 B. Department Head. For purposes of this MPP, the phrase “department head” means the Chief of Police, the Director of Public Works and Community Development, the Director of Finance and the Director of Human Resources.

C. At Will Status of Department Heads. A department head’s employment is “at will.””. As such, both the department head and the City have the right to terminate their employment relationship at any time, with or without advance notice, and with or without cause subject to the provisions of Section 11 of this Management Pay Plan. Only the City Manager may alter a department head’s at will status, and only through a written agreement that is signed both by the City Manager and the department head.

D. Employment Status of Non-Department Head Managers. The employment of all other management employees covered by this Plan shall be subject to the provisions of the City’s Personnel Rules and Regulations.

E. Executive Team. All department heads and certain other management employees designated by the City Manager are members of the Executive Team, which also includes the City Manager and the City Attorney. The Executive Team’s primary role is to provide leadership and strategic direction in implementing the City Council’s policies and managing the day-to-day operations of the City.

F. Classifications Covered by Management Pay Plan. The current list of management classifications covered by the Management Pay Plan, collectively known as the “Management Group,””, is set forth in Exhibit A.

SECTION 4. TERM OF MANAGEMENT PAY PLAN
This Management Pay Plan shall be effective April 1, 2021September 1, 2022 and shall continue in full force and effect until expiration at midnight on August 31, 20222023.

SECTION 5. MANAGEMENT SALARY RANGES
A. Annual Adjustment of Salary Ranges

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 3 Except as provided in Section 6.A.1,6.A.2, and 6.A.3 below, there shall be no annual adjustment of salary ranges based on a salary survey during the term of this agreement. The parties acknowledge that the City of Pleasant Hill’s Management Pay Plan has historically included a salary formula. The parties have agreed to not use the formula for the term of this agreement. It is the intent of the City to maintain salaries and benefits at a level that attracts and retains quality employees. The parties agree that rational surveys of the wages and benefits of employees performing comparable work for comparable agencies provide useful information in ensuring that the City continues to meet this goal.

Rather, the City shall adjust each of the management salary ranges by the amount of the Management Group’s wage increase for that year, if any.

B. Additional Adjustments to Police Management Salary Ranges to Preserve Differentials
The minimum percentage differentials between the salary ranges for the following police management classifications shall be as follows:
• Captain - Chief of Police: 10%
• Lieutenant – Captain: 7.5%
• Sergeant – Lieutenant: 15%
These differentials are essential to maintaining a compensation policy that rewards the increasing level of knowledge, skill and ability required for each successive classification’s broader scope of responsibility. Salaries of individuals within the Chief, Captain or Lieutenant classifications shall not be adjusted simply because one or more of the salary ranges for these classifications has been adjusted to preserve the salary range differentials specified in this section, except as specified in subsection “D” below (“Impact of Salary Range Adjustments on Individual Salaries”).

The minimum and maximum of the salary range applicable to the Lieutenant classification shall be increased five percent (5%) over the amounts in effect March 31, 2018, before application of the cost of living range adjustments set forth in section 6.A below. The result of these adjustments are reflected in Exhibit B of this Management Pay Plan.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 4 C. Absence of Salary “Steps”
There shall be no specified or pre-determined "steps" within the salary ranges for management classifications. Rather, each such range shall be left clear between its minimum and maximum amounts, thus allowing flexibility to make individual merit adjustments in recognition of varying levels of performance and goal attainment.

D. Impact of Salary Range Adjustments on Individual Salaries Except as provided in Section6.A.1 and 6.A.2 below, when management salary ranges are adjusted, no management employee’s salary will be adjusted solely due to such changes unless the employee’s salary falls below the minimum amount of the new salary range for his/her classification. If this occurs, the employee’s salary shall be adjusted further to equal the minimum amount of the new salary range. The determination of whether a management employee’s salary falls below the minimum of his/her new salary range shall be made after the employee has received the wage increase provided by this Management Pay Plan, if any.

E. Setting Salaries Within Ranges
The City Manager, or his/her designee, shall set the compensation for individual management employees at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification. Incumbents may be adjusted anywhere within the salary range for their classification, subject to the requirements of Section 7.C.

F. Salary Ranges for Management Classifications
The salary ranges for each of the City’s management classifications are attached as Exhibit B.

SECTION 6. WAGE INCREASES
A. Wage Increases for the Period April 1, 2021September 1, 2022 to August 31, 20222023

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 5 The City will apply the following increases to the base salary rates of employees covered by this Plan as follows:

1. Effective April 1, 2021September 1, 2022 three percent (3%) of base rates in effect March 31, 2021August 31, 2022;
B. Wage Increase Awarded Regardless of Salary Range Limits A management employee who is otherwise eligible for the annual wage increase shall receive it regardless of whether the employee’s salary – before or after the adjustment - exceeds the maximum amount of the salary range for his or her classification.

SECTION 7. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the negotiated wage increase, a management employee may receive a merit increase based upon the quality of the employee’s performance the preceding 12 months. The amount of the employee’s merit increase, if any, will be based on the employee’s: (1) performance ratings; and (2) his/her achievement of the goals and objectives established for him/her the previous year.

B. Performance Evaluation Process
Performance evaluations for management are the responsibility of the City Manager, who normally will delegate to department heads the responsibility for reviewing the performance of management employees within their departments.

A performance evaluation shall be prepared at least annually on each management employee’s anniversary date.

The evaluation process shall begin with each management employee preparing a self-evaluation of his/her performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.

The management employee’s supervisor shall then evaluate the employee’s performance for the prior year. The evaluations of both the employee and supervisor shall focus on: (1) the employee’s performance of his/her regular duties and

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 6 responsibilities; and (2) the employee’s attainment of specific goals and objectives established for him/her at the beginning of the review period (i.e., one year earlier).

Following completion of the written evaluations, the management employee and his/her supervisor shall meet to discuss both the quality of the employee’s performance of his regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for him/her the previous year.

They shall also review the employee’s proposed goals and objectives for the coming year.

The employee’s supervisor must ensure that the employee’s proposed goals and objectives truly present a challenge but are not unrealistically high. The supervisor may set additional or different goals and objectives for the employee.

The end product of the performance evaluation process shall be clarification of expectations between the manager and his/her supervisor.

C. Merit Adjustment Guidelines
Employees who are not at the top of the range may be granted a merit adjustment of up to five percent (5.0%) for exemplary performance by unit members if, at a minimum, the employee has received the highest possible rating in at least half of the rating categories, has received ratings equivalent to satisfactory or meets standards in the remaining rating categories, and has met at least 75% of his/her goals and objectives.

All performance evaluations that render an employee ineligible for a merit increase under the guidelines set forth above must be reviewed and approved by the Human Resources Manager before being delivered to the employee.

D. Top of Range Limit for Merit Increases
If a management employee’s salary is at or above the top of the salary range for his/her classification, he/she shall not be eligible for a merit increase. However, he/she may be eligible for a performance bonus, in accordance with the provisions of Section 8 below.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 7 If a management employee’s salary is below the top of the salary range for his/her classification, he/she may receive a merit increase in accordance with the provisions set forth in Section 7.A through C above. The amount of the merit increase shall be determined solely by these provisions. However, if the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.

E. City Manager’s Discretion Regarding Merit Increases
The City Manager retains discretion to limit merit increases when, in his/her judgment, the City’s fiscal condition warrants such action. This provision is intended to provide the City Manager flexibility in responding to any number of circumstances that jeopardize the health of the City’s budget. It may be used at the City Manager’s discretion after ordinary measures for cost containment and revenue enhancement have been applied. If the City Manager exercises his/her discretion to limit merit increases, then his/her decision to do so:
• Must be in writing, and distributed to all members of the Management Group; • Must state the reasons for limiting management employees’ merit increases; • Must be relayed to the City Council for information purposes; and • Shall be effective for one year for each management employee, to ensure that, notwithstanding their differing anniversary dates, all management employees are affected equally by the City Manager’s decision to limit merit increases.

In order to continue the limiting of merit increases beyond the one-year period for each management employee, the City Manager must issue a new written announcement of his/her intention to do so and meet the other requirements set forth above. Otherwise, the merit increase percentage guidelines set forth in Section 7.C above shall be reinstated automatically.

SECTION 8. PERFORMANCE BONUSES
All management employees whose salaries are at or above the top of their salary ranges, and all management employees whose salaries are less than two and one-half

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 8 percent (2.5%) below the top of their salary ranges, may participate in the performance bonus program.

Criteria for bonuses are developed by the employee’s supervisor and the employee during the evaluation process. Specifically, when developing the employee’s goals and objectives for the coming year, the employee and his/her supervisor may also develop one or more “bonus” goals or objectives that, if attained, will result in the employee receiving a bonus.

Bonus goals and objectives differ from regular goals and objectives in that their attainment or accomplishment is optional, and addresses exceptional performance.

Otherwise, they are similar to regular goals and objectives in that their attainment results in measurable improvement to City operations and/or processes. For the term of this agreement, employees at or above the top of the range may be granted a performance bonus of up to two and one-half percent (2.5%) for exemplary performance by unit members if, at a minimum, the employee has received the highest possible rating in at least half of the rating categories, has received ratings equivalent to satisfactory or meets standards in the remaining rating categories, and has met at least seventy-five percent (75%) of his/her goals and objectives. These performance bonuses must be approved by the management employee’s department director.

Bonuses are awarded either as a one-time contribution to the employee’s Deferred Compensation 457 Plan, or as a lump sum cash payment directly to the employee, at the employee’s option. They are awarded solely for the one-year period evaluated, and do not become part of the employee’s salary or otherwise continue from year to year.

The fact that a management employee has received a performance bonus in a prior year shall not disqualify him or her from receiving additional performance bonuses in subsequent years, provided the requirements set forth in this section are met.

SECTION 9. EQUITY ADJUSTMENTS
The City Manager may authorize individual salary adjustments to correct internal or external salary alignment inequities.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 9 SECTION 10. LONGEVITY PAY
Longevity pay was eliminated effective March 1, 2011. Employees currently receiving the benefit shall continue to receive it at their current levels.

SECTION 11. SEVERANCE PAY
A. Department Heads
Department heads are “at will” employees and may be dismissed by the City Manager at any time with or without cause, except that a department head may not be terminated within six months following the appointment of a new City Manager. If the City Manager desires to terminate the employment of a department head, he/she shall provide six months advance notice to the employee or provide a cash payment equal to six months of aggregate salary (not including the value of any benefits received by the employee) as severance pay. During the six monthmonths of notice period, the City Manager shall provide monthly performance evaluations and may exercise his/her discretion to terminate the employee immediately upon payment of severance for the unexpired amount of time between the notice and the end of the six month period. The six month notice shall be valid even if given within the six month period prior to the departure of a City Manager or within the first six months after a new City Manager is hired. A department head is not entitled to severance pay if he/she retires, resigns or is terminated for cause.

For purposes of this section, “cause” means 1) a willful neglect of duties, 2) any act involving moral turpitude, dishonesty, or gross carelessness or misconduct, or 3) conviction of a crime involving moral turpitude. To be eligible for severance pay, the department head shall sign an acknowledgment and release of claims against the City in a form to be approved by the City Attorney. No department head shall be eligible for severance pay until he/she has held the position of department head for at least six months.

B. Non-Department Head Managers
The City shall provide management personnel with a minimum of three weeks of severance pay when a management employee is terminated and no longer employed by the City of Pleasant Hill due to a reduction in work force or a budget related layoff.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 10 SECTION 12. SICK LEAVE
A. Sick Leave Accrual and Use
Beginning the first day of the month following completion of one month of service, a management employee earns sick leave at the rate of one day for each calendar month of service.

Employees continue to earn sick leave while on paid leaves of absence, including, but not limited to, sick leave, jury leave, and workers’ compensation leave.

Employees do not earn sick leave while on unpaid leaves of absence, nor do they earn sick leave while on a leave covered by the City’s private disability plan (i.e., LTD).

There is no maximum accrual for sick leave.

An employee may take paid sick leave beginning the second month of employment.

B. Annual Sick Leave “Buy-Back”
Each year, management employees who have accrued at least thirty days of sick leave credit as of November 30th may “sell” up to 33-1/3% of their accrued sick leave back to the City.

In exchange, the employees shall, at their option, receive either cash or equivalent vacation time on either the December 5th or January 5th payday. Payments shall be at the employee’s then current rate of pay. The amount of sick leave the City “buys back” from the employee is then deducted from the employee's total sick leave accrual.

Alternatively, an employee may elect to retain sick leave in lieu of payment.

C. Payment for Accrued Sick Leave Upon Separation From Employment

1. For existing employees as of October 31, 2011 – Management employees with at least five years of service with the City who separate from employment because of voluntary resignation, retirement, death, or abolishment of position, shall receive payment for their accumulated sick leave at the rate of one day for each four days of accrued, unused sick leave, up to a maximum

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 11 of 25 days. However, Management employees who retire with 15 or more years of service shall receive payment as referenced in Section 17.B.

2. For employees hired on or after November 1, 2011- Management employees with at least five years of service with the City who separate from employment because of voluntary resignation, retirement, death, or abolishment of position, shall receive payment for their accumulated sick leave at the rate of one day for each four days of accrued, unused sick leave, up to a maximum of 25 days.

D. Medical Leave. When a full-time employee is off work as a result of a valid onthe-job injury sustained in the service of the City, the City shall continue his/her pay in the amount of his/her monthly rate up to but no longer than sixty (60) calendar days.

SECTION 13. HOLIDAYS
Management personnel are authorized to observe those holidays designated in the City’s MOU’s with its non-management employee groups, provided, however, that the City Manager may direct management personnel to work holidays as necessary to ensure proper conduct of City functions, and may grant administrative leave to such management personnel in recognition of their having to work on a designated holiday.

SECTION 14. ADMINISTRATIVE LEAVE
The management classifications covered by this Plan have been determined to be “exempt” from the Fair Labor Standards Act’s (“FLSA’s”) overtime requirements.

Hence, employees in these classifications do not earn overtime pay, regardless of the number of hours worked.

However, management personnel will accrue 16 hours per calendar month of administrative leave to be used upon approval of the City Manager. The City Manager must authorize use of administrative leave in proportion to the amount of extra time actually worked by the subject employee. This leave will be in recognition of excessive night work or weekend work. Administrative leave may not normally exceed more than

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 12 16 hours in any calendar month. However, if the City Manager determines, in his or her discretion, that the employee could not have reasonably used some or all of the month’s Administrative Leave due to City work requirements, the City Manager may permit the employee to carry over the unused portion of that month’s Administrative Leave. This time will be taken in time off only – not salary – and generally does not carry over from month to month without City Manager approval.

Effective September 1, 2022, employees working a regular schedule that requires nine (9) hour days will receive eighteen (18) hours per calendar month of administrative leave. All other conditions for administrative leave shall remain the same.

SECTION 15. VACATION
A. Vacation Accrual

1. Vacation shall be accrued and used by management personnel in a manner acceptable to the City Manager. Vacation leave is earned by management personnel according to the following schedule:

Years
of
Service
0 to 3
years
4 to 6
years
7 to 9
years
10 to 12
years
13 to 15
Years
16 to 18
years
19 to 21
years
22 to 24
years
25 to 27
Years
28 or
more
years
Vacation
Days
Earned
12 17 18 19 20 21 22 23 24 25

2. Notwithstanding the terms of section 1 above, the City Manager may, at his or her discretion, grant a new hire an initial vacation accrual rate (on one of the increments shown in the above accrual schedule) that reflects some or all years of service the employee provided to the employer with whom the new hire was employed at the time he or she accepted the offer of employment by the City of Pleasant Hill. To the extent this exceeds the accrual rate the new hire would otherwise have enjoyed, under Section

15.A.1 above, the new hire will remain at the preferential rate granted by the City Manager until the employee’s years of continuous service with the City of Pleasant Hill are of such number that they would qualify the employee for an increase in vacation

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 13 accrual rate even if the employee had been hired without the granting of a preferential vacation accrual rate.

B. Maximum Vacation Accrual
Management personnel employed as of October 31, 2011 may accrue up to eight weeks (320 hours) of vacation and management personnel employed November 1, 2011 or later may accrue up to seven weeks (280 hours) of vacation, at which time they must either:

1. Immediately reduce the balance by utilizing a sufficient number of vacation hours to bring their total accrued vacation to 320 hours (for existing employees) or 280 hours (for new employees) or less; or

2. With the approval of the City Manager, cash out an amount sufficient to bring their total to 320 hours (for existing employees) or 280 hours (for new employees) or less, up to a maximum of 180 accrued vacation hours cashed out; or

3. Stop accruing any further vacation until their accrued vacation hours drop below the applicable maximum accrual cap.

Alternatively, and in appropriate circumstances, the City Manager may grant a temporary, short-term waiver of the accrual cap for vacation leave. If no such waiver is granted, no further vacation time shall be accrued.

C. Vacation Buy Back
Upon written request by the employee, the City will buy back accrued, unused vacation hours provided the employee has used a minimum of forty (40) consecutive hours of vacation (or equivalent leave time, such as a combination of vacation and administrative leave time or vacation and holiday time) during the twelve (12) months prior to the date of the request. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction. The written request for the vacation buy back must be submitted to the Personnel Officer by the 25th day of the month preceding the date on which the employee is requesting the payoff.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 14 The requirement that a minimum of forty (40) consecutive hours of vacation or equivalent leave time be used during the twelve (12) months prior to the date of the request, is waived for calendar year 2021.

Only hours which were accumulated prior to the last day of the month preceding the date of the request are eligible for the vacation buy back. Vacation buy back shall be limited to two requests per fiscal year.

SECTION 16. HEALTH CARE AND RELATED BENEFITS
A. Medical Coverage
The City shall provide medical coverage for management employees and their eligible dependents. Each management employee shall contribute to the cost of such coverage through payroll deductions according to the following schedule:

1. Existing Unit Members:

Employees hired before November 1, 2011– Employees will pay 20% of the premium for either Kaiser or Anthem Blue Shield at each level of participation.

2. New Unit Members Hired on or after November 1, 2011:

City will pay 75% of the Kaiser premium at each level of participation; employee will pay the remainder.

The City shall deduct the appropriate contribution from the employees’ pay on a pre-tax semi-monthly basis.

B. Medical “In Lieu” Payments
Management employees who can demonstrate they have medical coverage through an external source may waive coverage under the City’s medical plan and elect to receive either four hundred dollars ($400) per month in cash or, a City contribution of four hundred dollars ($400) per month into the employee’s deferred contribution account. These cash payments or deferred compensation contributions shall be made “in lieu of” providing medical coverage to the employees and their eligible dependents.

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 15 Employees receiving in lieu payments shall not be required to make the premium contributions described in Section 16.A. above. Payments into the employee’s deferred compensation account are subject to the limits of applicable law.

C. Dental Coverage
The City shall provide management employees and their eligible dependents a dental plan which provides at least an 80/20 payment benefit and a maximum benefit of $1,500 per person per year. The City will pay 100% of the premium for the dental plan during the term of this Management Pay Plan. This plan does not provide orthodontia benefits. In lieu of the foregoing plan, the employee may once per plan year elect the City plan with a maximum benefit of one thousand dollars ($1000) per person per year with a one thousand five hundred dollar ($1500) orthodontia benefit.

D. Vision Care
The City shall provide a vision care plan for management employees and their eligible dependents. The City will pay 100% of the premium for the vision care plan during the term of this Management Pay Plan.

E. IRS Section 125 Plan
The City will provide management employees an IRC Section 125 Plan for eligible medical and dependent care costs.

F. Life Insurance
The City will provide management employees with life insurance benefits equal to one times (1x) annual gross salary. For purposes of this provision, “annual gross salary” shall be calculated as of November 1
st of each year.

G. Disability Insurance
The City will provide management employees with long term disability insurance coverage providing 66-2/3% of salary when the carrier’s eligibility requirements are met.

The City shall pay the premium for this coverage.

H. Healthcare Cost Containment Committee Participation

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 16 1. Each year the City and Management Group Association agree to participate in a joint Healthcare Cost Containment Committee (“HCCC”). The purpose of the Committee shall be to seek long term structural reductions in the City’s escalating cost of health care and health insurance coverage by means that may or may not involve cost shifting.

2. The HCCC shall be comprised of one (1) voting member from each of the City’s employee organizations that elect to participate in the HCCC and the Human Resources Manager who shall have one vote. Inasmuch as the City contracts with healthcare providers or insurers (currently Kaiser and Health Net) on a City-wide basis, the parties will actively encourage other bargaining units to participate in the HCCC.

3. Except as provided herein, no change in plan design will be voluntarily incorporated in the City’s provider or carrier agreements unless recommended by a majority vote of the unit representatives participating in the HCCC and in attendance for the pre-scheduled vote, agreed upon by the Management Group Association, and formally adopted the City Council. However, if the monthly premium charged by a provider or carrier would exceed the amount that, after the effective date of the Excise Tax under the Patient Protection and Affordable Care Act (“ACA”), would trigger the Excise tax under the ACA (whether charged directly to the City, provider, or carrier) at the applicable level of enrollment (single or multi-party), the City may implement changes in plan design necessary to reduce the premium to a level that would not trigger the tax. Such change shall be limited in the aggregate to that degree of change reasonably necessary to keep premiums below the tax threshold while maximizing benefits available within the negotiated envelope below the tax threshold. The City will afford the Management Group Association an opportunity to meet and discuss the changes before they are implemented. The terms of this Section 3 reflect all steps required for the City to complete its obligations under the MMBA that may otherwise attach to deciding upon and implementing such changes.

SECTION 17. RETIREMENT
A. PERS Retirement

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 17 The City will continue to provide retirement benefits to its existing management employees hired as of October 31, 2011 in accordance with the terms of the City's present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”) and in accordance with the Public Employees’ Pension Reform Act (PEPRA) and the California Public Employees Retirement Law, including but not limited to: 2%@55 retirement benefits for its miscellaneous management employees; 3%@50 retirement benefits for its safety management employees; single highest year; and payment of the employer’s required contributions under both plans.

Effective April 16, 2012, the pension formulae will be reduced to 3%@55 (safety management employees) and 2%@60 (miscellaneous management employees) for new employees hired after the new formula becomes effective. Final compensation will be based on a three-year average.

All non-sworn employees covered by the Management Pay Plan hired on or after January 1, 2013, who are “new members” as determined by CalPERS, will participate in the City’s Miscellaneous Employees Retirement Plan (2%@62). Sworn employees covered by the Management Pay Plan hired on or after January 1, 2013, who are “new members” as determined by CalPERS, will participate in the City’s Safety Employees Retirement Plan (2.7%@57). Employees will contribute at least 50 percent of the total normal cost rate for this retirement plan. Final compensation will be based on a three-year average.

In addition, under the authority of Government Code sections 20691 and 20636(c)(4), the Employer Paid Member Contribution (EPMC) shall apply to employees of the Pleasant Hill Management Group. This benefit consists of paying a percentage of the normal contributions as EPMC for miscellaneous and safety employees, and reporting the same percent of compensation as additional compensation. The percentage of normal contributions to be paid as EPMC for existing miscellaneous and safety employees is as follows:

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 18 Effective March 1, 2015 Miscellaneous Employees will pay 7% of the Employer Paid Member Contribution (EPMC)
Effective March 1, 2015 Safety Employees will pay 9% of the Employer Paid Member Contribution (EPMC)
The City shall also pay increases in the retirement contributions of management employees promulgated by increases in base salaries. The City will pay its proportional share of increases brought about as a result of actuarial surveys conducted by the Public Employees' Retirement System affecting the entire plan.

B. Sick Leave Conversion Upon Retirement – Existing Employees Hired Before November 1, 2011

1. Existing Employees as of October 31, 2011
a. Employees With At Least 20 Years of City Service
Management employees hired prior to November 1, 2011 who, regardless of age:
• have worked for the City for 20 or more years, and
• elect to take a service retirement,
may elect to apply up to 100% of their accrued, unused sick leave, calculated at 100% of their final rate of pay, at the net present value (which is based on the average of the prior two years’ Consumer Price Index for all Urban Consumers (CPI-U) (San Francisco-Oakland) region as of the date of retirement. The amount shall be contributed to the employee’s ICMA VantageCare Retiree Health Savings Plan (RHS) account, on a tax deferred basis, pursuant to the Management RHS Plan adoption agreement. b. Employees With At Least 15 But Less Than 20 Years of City Service Management employees who, regardless of age, have worked for the City of Pleasant Hill for fifteen or more years, but fewer than 20 years, and elect to take a service retirement, may elect to apply up to 50% of their accrued, unused sick leave, calculated at 25% of their final rate of pay, at the net present value (which is based on the average of the prior two years’

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 19 Consumer Price Index for all Urban Consumers (CPI-U) (San FranciscoOakland region) as of the date of the retirement. The amount shall be contributed to the employee’s ICMA VantageCare Retiree Health Savings Plan (RHS Plan) account, on a tax deferred basis, pursuant to the Management RHS Plan adoption agreement.

2. Employees Hired On or After November 1, 2011
The sick leave conversion upon retirement benefit is eliminated for employees hired on or after November 1, 2011.

3. Applying Accrued Vacation Leave to Post-Retirement Healthcare Costs
Management employees who elect to take a service retirement from the City of Pleasant Hill shall apply 100% of their accrued, unused vacation leave, calculated at 100% of their final rate of pay into the employee’s ICMA VantageCare Retiree Health Savings (RHS) account, on a tax-deferred basis, pursuant to the Management RHS Plan adoption agreement.

4. Reversion of Funds
In the event the employee dies before exhaustion of the funds in the employee’s RHS Plan account, and leaves no surviving spouse or dependents, the remaining funds shall revert back to the City.

5. Use of Sick Leave Credit for PERS Retirement Purposes The use of sick leave credit for retirement purposes as provided by the City contract now in force with the California Public Employees Retirement System is permitted for all management employees. For those employees who elect this option only the remaining accrued, unused sick leave balance

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 20 that has not been cashed out pursuant to section 17.1.a and 17.1.b may be credited for PERS retirement purposes.

C. Deferred Compensation (457) Accounts
A deferred compensation plan is made available to management employees through ICMA. Other than making 457 “in lieu” contributions as provided in Section 16.B. above, the City makes no contributions to management employees’ 457 plan accounts.

Management employees are free to contribute to their individual 457 plan accounts to the extent allowed by law.

D. 401(a) Money Purchase Plan
For each employee covered by this Plan, the City shall make the following contributions to the employee’s 401(a) Money Purchase Plan account:

Effective March 1, 2015 – 3% of the employee’s salary
Employees who are hired or promoted into the unit must opt-in to make a voluntary employee contribution within sixty (60) calendar days of hire or promotion into the unit; the action of the opt-in by the employee is irrevocable. By not electing to opt-in, employees are electing to opt-out by default and shall not be eligible to participate in the employee voluntary contribution portion of the program. The City will make the above noted contribution regardless of the employee electing to participate in the employee voluntary contribution portion of the program.

After adoption by the City Council, as soon as administratively possible the City will execute a plan change that will increase the employee voluntary contribution from two percent (2%) to three percent (3%) for all employees who have elected to make a voluntary contribution.

E. RHS Contribution
Effective April 1, 2021, employees Employees in the unit will receive a two hundred twenty-five dollars ($225) monthly contribution to the RHS Plan for the term of the agreement. This change shall be implemented promptly following adoption of the Management Pay Plan by the City Council, with minimum reasonable delay permitted for

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 21 carrying out administrative steps necessary for implementation (e.g., any required plan amendments).

SECTION 18. MISCELLANEOUS BENEFITS
A. Membership in Professional and Civic Organizations

1. Professional Organizations
The City will pay membership dues for management personnel in professional organizations at the national, state and local levels as directed by the City Manager.

The City will pay the expenses of transportation, food, lodging, and registration for management personnel at meetings of professional associations or organizations as directed by the City Manager, provided, however, not more than one professional meeting or conference per person outside the State of California may be attended by any management personnel in any fiscal year without prior approval of the City Council.

2. Civic Clubs and Organizations
The City will pay the annual membership dues in a local civic club or organization as chosen by each management employee and as approved by the City Manager. No cost of luncheons or special events of civic clubs other than annual membership dues shall be borne by the City.

B. Uniform Allowance
Management employees who are sworn officers of the Police Department and are required to wear a department uniform at any time in the course of their work shall receive an annual uniform allowance in an amount equal to that paid to all sworn personnel of the department.

C. Educational Expense Reimbursement
The City agrees to continue the educational incentive to employees within the Management Group as follows:

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 22 a. The course or courses taken must: (1) relate to the employee’s job or be a part of a degree program which has application to City service; and (2) be approved by the employee’s Department Head.
b. If the requirements in section “a” are met, the City will reimburse the employee for books and technology upgrades or additions, and will also pay the employee $18 per month per credit unit for tuition, up to a maximum of nine (9) units per semester or quarter, provided the total amount paid to the employee for all of these items (including the $18 per month per credit unit) does not exceed $500 per semester or quarter, and $2,000 per calendar year overall.
c. To be reimbursed for tuition, books, and technology upgrades or additions, the employee is actually enrolled in the course(s), and that the books, technology upgrades and/or technology additions are in fact required for the course(s) being taken.

D. One-Time Payment
The City will pay a one-time, non-pensionable, lump sum payment of three thousand dollars ($3,000) to each bargaining unit member actively employed by the City 1) at the start and 2) end of the second full pay period following Council adoption and 3) at time of payment. Said one-time payment is to be paid on the regular payroll and subject to all applicable withholding.

CITY OF PLEASANT HILL CITY OF PLEASANT HILL

MANAGEMENT GROUP
Michael G. Harris, Mayor Ling King, Group Representative June Catalano, City Manager Matt Kristic, Group Representative

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 23 APPROVED AS TO FORM:
________________________________
Janet Coleson, City Attorney

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 24 EXHIBIT “A”
Management Classifications Covered by
the Management Pay Plan (as of April 1, 2021September 1, 2022) Accounting Manager
Assistant City Manager
Chief Building Official
Chief of Police
Chief Technology Officer
City Engineer
City Planner
Community Development Director/Assistant City Manager
Economic Development Manager
Finance Manager
Human Resources Manager
Maintenance Superintendent
Maintenance Supervisor
Police Captain
Police Lieutenant
Principal Management Analyst/City Clerk
Senior Civil Engineer
Senior Management Analyst
Senior Planner
Senior Traffic Engineer

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 25 EXHIBIT “B”

MANAGEMENT GROUP SALARY RANGES
EFFECTIVE APRIL 1, 2021SEPTEMBER 1, 2022 – 3%

POSITION MONTHLY

MINIMUM

MONTHLY

MAXIMUM
Accounting Manager $11,289 $15,014
Assistant City Manager $14,021 $18,649
Chief Building Official $10,582 $14,073
Chief of Police $16,578 $22,049
Chief Technology Officer $11,270 $14,992
City Engineer $12,391 $16,978
City Planner $12,391 $16,978
Director of Community Development/Assistant City Manager $14,818 $19,707 Economic Development Manager $11,289 $15,014
Finance Manager $13,386 $17,805
Human Resources Manager $12,607 $16,768
Maintenance Superintendent $10,659 $14,176
Maintenance Supervisor $9,805 $13,041
Police Captain $14,048 $18,685
Police Lieutenant $12,648 $16,822
Principal Management Analyst/City Clerk $13,512 $15,236 Senior Civil Engineer $10,728 $14,266
Senior Management Analyst/Deputy City Clerk $10,728 $14,266 Senior Management Analyst/Public Info Officer $10,728 $14,266 Senior Planner $9,717 $12,924
Senior Traffic Engineer $10,728 $14,266
POSITION SALARY RANGE (Per Month)
Accounting Manager $10,960 - $14,577
Assistant City Manager $13,612 - $18,105
Chief Building Official $10,274 - $13,663
Chief of Police $16,095 - $21,406
Chief Technology Officer $10,942 - $14,555
City Engineer $12,030 - $16,483
City Planner $12,030 - $16,483
Director of Community Development/Assistant City Manager $14,386 - $19,133 Economic Development Manager $10,960 - $14,577

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan) 26 Finance Manager $12,997 - $17,286
Human Resources Manager $12,239 - $16,279
Maintenance Superintendent $10,348 - $13,763
Maintenance Supervisor $9,519 - $12,661
Police Captain $13,639 - $18,140
Police Lieutenant $12,280 - $16,332
Principal Management Analyst/City Clerk $13,118 - $14,792 Senior Civil Engineer $10,415 - $13,850
Senior Management Analyst/Deputy City Clerk $10,415 - $13,850 Senior Management Analyst/Public Info. Officer $10,415 - $13,850 Senior Planner $9,434 - $12,547
Senior Traffic Engineer $10,415 - $13,850

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Attachment: Exhibit 1 - Redline Comparison Document (MPP Successor Compensation Plan)

CITY OF PLEASANT HILL

MANAGEMENT PAY PLAN
September 1, 2022 through August 31, 2023

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) ii

CITY OF PLEASANT HILL

MANAGEMENT PAY PLAN

TABLE OF CONTENTS
Page
SECTION 1. ESTABLISHMENT AND PURPOSE OF
MANAGEMENT PAY PLAN .................................................................. 1 SECTION 2. ADMINISTRATION OF MANAGEMENT PAY PLAN ............................. 1 SECTION 3. DEFINITIONS AND STATUS ................................................................. 1 Section 3.A. Management Employee .............................................................. 1 Section 3.B. Department Head ........................................................................ 2 Section 3.C. At Will Status of Department
Heads................................................................................................................... 2 ...............................................................................................................................

Section 3.D. Employment Status of Non-Department Head Managers........ 2 Section 3.E. Executive Team ........................................................................... 2 Section 3.F. Classifications Covered by Management Pay Plan ................. 2 SECTION 4. TERM OF MANAGEMENT PAY PLAN.................................................. 2 SECTION 5. MANAGEMENT SALARY RANGES ...................................................... 2 Section 5.A. Annual Adjustment of Salary Ranges ....................................... 2 Section 5.B. Additional Adjustments to Police Management Salary Ranges to Preserve Differentials.................................... 3 Section 5.C. Absence of Salary “Steps” ........................................................ 4 Section 5.D. Impact of Salary Range Adjustments on
Individual Salaries....................................................................... 4 Section 5.E. Setting Salaries Within Ranges.................................................. 4 Section 5.F. Salary Ranges for Management Classifications....................... 4 SECTION 6. WAGE INCREASES............................................................................... 5 Section 6.A. Wage Increases for the Period
September 1, 2022 to August 31, 2023 ....................................... 5 Section 6.B. Wage Increase Awarded Regardless of
Salary Range Limits .................................................................... 5 SECTION 7. MERIT INCREASES AND PERFORMANCE EVALUATIONS............... 5 Section 7.A. Basis for Merit Increases............................................................ 5 Section 7.B. Performance Evaluation Process .............................................. 5 Section 7.C. Merit Adjustment Guidelines...................................................... 6 Section 7.D. Top of Range Limit for Merit Increases..................................... 7 Section 7.E. City Manager’s Discretion Regarding Merit Increases............. 7

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) iii
SECTION 8. PERFORMANCE BONUSES ................................................................. 8 SECTION 9. EQUITY ADJUSTMENTS....................................................................... 9 SECTION 10. LONGEVITY PAY................................................................................... 9 SECTION 11. SEVERANCE PAY ................................................................................. 9 Section 11.A. Department Heads ..................................................................... 9 Section 11.B. Non-Department Head Managers............................................ 10 SECTION 12. SICK LEAVE......................................................................................... 10 Section 12.A. Sick Leave Accrual and Use................................................... 10 Section 12.B. Annual Sick Leave “Buy Back” ............................................. 10 Section 12.C. Payment for Accrued Sick Leave Upon
Separation From Employment................................................ 10 Section 12.D. Medical Leave.......................................................................... 10 SECTION 13. HOLIDAYS............................................................................................ 10 SECTION 14. ADMINISTRATIVE LEAVE................................................................... 12 SECTION 15. VACATION .......................................................................................... 12 Section 15.A. Vacation Accrual ..................................................................... 12 Section 15.B. Maximum Vacation Accrual.................................................... 13 Section 15.C. Vacation Buy Back.................................................................. 14 SECTION 16. HEALTHCARE AND RELATED BENEFITS ........................................ 14 Section 16.A. Medical Coverage.................................................................... 14 Section 16.B. Medical “In Lieu” Payments .................................................. 15 Section 16.C. Dental Coverage...................................................................... 15 Section 16.D. Vision Care .............................................................................. 15 Section 16.E. IRS Section 125 Plan............................................................... 15 Section 16.F. Life Insurance .......................................................................... 16 Section 16.G. Disability Insurance ................................................................ 16 Section 16.H. Healthcare Cost Containment Committee Participation...... 16 SECTION 17. RETIREMENT....................................................................................... 17 Section 17.A. PERS Retirement..................................................................... 17 Section 17.B. Sick Leave Conversion Upon Retirement –
Existing Employees Hired Before November 1, 2011 .......... 18 Section 17.B.1. Existing Employees as of October 31, 2011 ...................... 18 Section 17.B.2. Employees Hired On or After November 1, 2011............... 19 Section 17.B.3. Applying Accrued Vacation Leave To
Post-Retirement Healthcare Costs..................................... 19 Section 17.B.4. Reversion of Funds.............................................................. 19

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) iv
Section 17.B.5. Use of Sick Leave Credit for PERS
Retirement Purposes........................................................... 20 Section 17.C. Deferred Compensation (457) Accounts................................ 20 Section 17.D. 401(a) Money Purchase Plan................................................... 20 Section 17.E. RHS Contribution .................................................................... 20 SECTION 18. MISCELLANEOUS BENEFITS............................................................ 21 Section 18.A. Membership in Professional and Civic Organizations......... 21 Section 18.A.1. Professional Organizations................................................... 21 Section 18.A.2. Civic Clubs and Organizations ............................................. 21 Section 18.B. Uniform Allowance.................................................................. 21 Section 18.C. Educational Expense Reimbursement.................................. 21 Section 18.D. One-Time Payment.................................................................. 22 SIGNATURES............................................................................................................... 22 EXHIBIT “A”: Management Classifications Covered by the
Management Pay Plan (as of September 1, 2022)........................... 23 EXHIBIT “B”: Management Group Salary Ranges
(Effective September 1, 2022) ............................................................ 24

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 1 MANAGEMENT PAY PLAN
SECTION 1. ESTABLISHMENT AND PURPOSE OF MANAGEMENT PAY PLAN The City Council and the City’s management employees wish to establish and maintain an equitable plan of compensation and benefits for department heads and other management personnel of the City. This plan shall be known as the “Management Pay Plan” (also known as the “Plan” or “MPP”). The purpose of the Plan is to recognize professional performance and to compensate and retain the most talented and motivated managers for the City of Pleasant Hill.

SECTION 2. ADMINISTRATION OF MANAGEMENT PAY PLAN
The Management Pay Plan shall be administered by the City Manager or his/her designee. The City Manager shall have the authority to establish and revise policies and procedures to ensure fair and equitable administration of the plan. The City Manager shall also periodically evaluate the composition of the group included in the plan and recommend to the City Council the addition or deletion of management employee classifications for inclusion in the plan.

SECTION 3. DEFINITIONS AND STATUS
A. Management Employee. A “management employee” is defined as:

1. Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to department heads; and

2. Any employee having authority to:
a. Exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward, or discipline other employees, or having the responsibility to direct them, or to adjust their grievances; or
b. Effectively recommend any such employment actions, provided, the exercise of such authority to recommend an employment action is not of a merely routine or clerical nature, but requires the use of independent judgment.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 2 B. Department Head. For purposes of this MPP, the phrase “department head” means the Chief of Police, the Director of Public Works and Community Development, the Director of Finance and the Director of Human Resources.

C. At Will Status of Department Heads. A department head’s employment is “at will”. As such, both the department head and the City have the right to terminate their employment relationship at any time, with or without advance notice, and with or without cause subject to the provisions of Section 11 of this Management Pay Plan. Only the City Manager may alter a department head’s at will status, and only through a written agreement that is signed both by the City Manager and the department head.

D. Employment Status of Non-Department Head Managers. The employment of all other management employees covered by this Plan shall be subject to the provisions of the City’s Personnel Rules and Regulations.

E. Executive Team. All department heads and certain other management employees designated by the City Manager are members of the Executive Team, which also includes the City Manager and the City Attorney. The Executive Team’s primary role is to provide leadership and strategic direction in implementing the City Council’s policies and managing the day-to-day operations of the City.

F. Classifications Covered by Management Pay Plan. The current list of management classifications covered by the Management Pay Plan, collectively known as the “Management Group”, is set forth in Exhibit A.

SECTION 4. TERM OF MANAGEMENT PAY PLAN
This Management Pay Plan shall be effective September 1, 2022 and shall continue in full force and effect until expiration at midnight on August 31, 2023.

SECTION 5. MANAGEMENT SALARY RANGES
A. Annual Adjustment of Salary Ranges
Except as provided in Section 6.A.1,6.A.2, and 6.A.3 below, there shall be no annual adjustment of salary ranges based on a salary survey during the term of

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 3 this agreement. The parties acknowledge that the City of Pleasant Hill’s Management Pay Plan has historically included a salary formula. The parties have agreed to not use the formula for the term of this agreement. It is the intent of the City to maintain salaries and benefits at a level that attracts and retains quality employees. The parties agree that rational surveys of the wages and benefits of employees performing comparable work for comparable agencies provide useful information in ensuring that the City continues to meet this goal.

Rather, the City shall adjust each of the management salary ranges by the amount of the Management Group’s wage increase for that year, if any.

B. Additional Adjustments to Police Management Salary Ranges to Preserve Differentials
The minimum percentage differentials between the salary ranges for the following police management classifications shall be as follows:
 Captain - Chief of Police: 10%
 Lieutenant – Captain: 7.5%
 Sergeant – Lieutenant: 15%
These differentials are essential to maintaining a compensation policy that rewards the increasing level of knowledge, skill and ability required for each successive classification’s broader scope of responsibility. Salaries of individuals within the Chief, Captain or Lieutenant classifications shall not be adjusted simply because one or more of the salary ranges for these classifications has been adjusted to preserve the salary range differentials specified in this section, except as specified in subsection “D” below (“Impact of Salary Range Adjustments on Individual Salaries”).

The minimum and maximum of the salary range applicable to the Lieutenant classification shall be increased five percent (5%) over the amounts in effect March 31, 2018, before application of the cost of living range adjustments set forth in section 6.A below. The result of these adjustments are reflected in Exhibit B of this Management Pay Plan.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 4 C. Absence of Salary “Steps”
There shall be no specified or pre-determined "steps" within the salary ranges for management classifications. Rather, each such range shall be left clear between its minimum and maximum amounts, thus allowing flexibility to make individual merit adjustments in recognition of varying levels of performance and goal attainment.

D. Impact of Salary Range Adjustments on Individual Salaries Except as provided in Section6.A.1 and 6.A.2 below, when management salary ranges are adjusted, no management employee’s salary will be adjusted solely due to such changes unless the employee’s salary falls below the minimum amount of the new salary range for his/her classification. If this occurs, the employee’s salary shall be adjusted further to equal the minimum amount of the new salary range. The determination of whether a management employee’s salary falls below the minimum of his/her new salary range shall be made after the employee has received the wage increase provided by this Management Pay Plan, if any.

E. Setting Salaries Within Ranges
The City Manager, or his/her designee, shall set the compensation for individual management employees at the time of their initial appointment, within the established salary range for their classification. New hires may be appointed anywhere within the salary range for their classification. Incumbents may be adjusted anywhere within the salary range for their classification, subject to the requirements of Section 7.C.

F. Salary Ranges for Management Classifications
The salary ranges for each of the City’s management classifications are attached as Exhibit B.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 5 SECTION 6. WAGE INCREASES
A. Wage Increases for the Period September 1, 2022 to August 31, 2023 The City will apply the following increases to the base salary rates of employees covered by this Plan as follows:

1. Effective September 1, 2022 three percent (3%) of base rates in effect August 31, 2022;
B. Wage Increase Awarded Regardless of Salary Range Limits A management employee who is otherwise eligible for the annual wage increase shall receive it regardless of whether the employee’s salary – before or after the adjustment - exceeds the maximum amount of the salary range for his or her classification.

SECTION 7. MERIT INCREASES AND PERFORMANCE EVALUATIONS
A. Basis for Merit Increases
In addition to the negotiated wage increase, a management employee may receive a merit increase based upon the quality of the employee’s performance the preceding 12 months. The amount of the employee’s merit increase, if any, will be based on the employee’s: (1) performance ratings; and (2) his/her achievement of the goals and objectives established for him/her the previous year.

B. Performance Evaluation Process
Performance evaluations for management are the responsibility of the City Manager, who normally will delegate to department heads the responsibility for reviewing the performance of management employees within their departments.

A performance evaluation shall be prepared at least annually on each management employee’s anniversary date.

The evaluation process shall begin with each management employee preparing a self-evaluation of his/her performance during the prior year. In addition, the employee shall draft proposed goals and objectives for the coming year.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 6 The management employee’s supervisor shall then evaluate the employee’s performance for the prior year. The evaluations of both the employee and supervisor shall focus on: (1) the employee’s performance of his/her regular duties and responsibilities; and (2) the employee’s attainment of specific goals and objectives established for him/her at the beginning of the review period (i.e., one year earlier).

Following completion of the written evaluations, the management employee and his/her supervisor shall meet to discuss both the quality of the employee’s performance of his regular duties and responsibilities and the employee’s degree of success in accomplishing the specific goals and objectives set for him/her the previous year.

They shall also review the employee’s proposed goals and objectives for the coming year.

The employee’s supervisor must ensure that the employee’s proposed goals and objectives truly present a challenge but are not unrealistically high. The supervisor may set additional or different goals and objectives for the employee.

The end product of the performance evaluation process shall be clarification of expectations between the manager and his/her supervisor.

C. Merit Adjustment Guidelines
Employees who are not at the top of the range may be granted a merit adjustment of up to five percent (5.0%) for exemplary performance by unit members if, at a minimum, the employee has received the highest possible rating in at least half of the rating categories, has received ratings equivalent to satisfactory or meets standards in the remaining rating categories, and has met at least 75% of his/her goals and objectives.

All performance evaluations that render an employee ineligible for a merit increase under the guidelines set forth above must be reviewed and approved by the Human Resources Manager before being delivered to the employee.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 7 D. Top of Range Limit for Merit Increases
If a management employee’s salary is at or above the top of the salary range for his/her classification, he/she shall not be eligible for a merit increase. However, he/she may be eligible for a performance bonus, in accordance with the provisions of Section 8 below.

If a management employee’s salary is below the top of the salary range for his/her classification, he/she may receive a merit increase in accordance with the provisions set forth in Section 7.A through C above. The amount of the merit increase shall be determined solely by these provisions. However, if the amount of the merit increase awarded would cause the employee’s salary to exceed the top of his/her salary range, then the employee shall receive as a merit increase only that portion of the merit increase that will bring his/her salary to the top of his/her range.

E. City Manager’s Discretion Regarding Merit Increases
The City Manager retains discretion to limit merit increases when, in his/her judgment, the City’s fiscal condition warrants such action. This provision is intended to provide the City Manager flexibility in responding to any number of circumstances that jeopardize the health of the City’s budget. It may be used at the City Manager’s discretion after ordinary measures for cost containment and revenue enhancement have been applied. If the City Manager exercises his/her discretion to limit merit increases, then his/her decision to do so:
 Must be in writing, and distributed to all members of the Management Group;  Must state the reasons for limiting management employees’ merit increases;  Must be relayed to the City Council for information purposes; and  Shall be effective for one year for each management employee, to ensure that, notwithstanding their differing anniversary dates, all management employees are affected equally by the City Manager’s decision to limit merit increases.

In order to continue the limiting of merit increases beyond the one-year period for each management employee, the City Manager must issue a new written announcement of his/her intention to do so and meet the other requirements set forth

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 8 above. Otherwise, the merit increase percentage guidelines set forth in Section 7.C above shall be reinstated automatically.

SECTION 8. PERFORMANCE BONUSES
All management employees whose salaries are at or above the top of their salary ranges, and all management employees whose salaries are less than two and one-half percent (2.5%) below the top of their salary ranges, may participate in the performance bonus program.

Criteria for bonuses are developed by the employee’s supervisor and the employee during the evaluation process. Specifically, when developing the employee’s goals and objectives for the coming year, the employee and his/her supervisor may also develop one or more “bonus” goals or objectives that, if attained, will result in the employee receiving a bonus.

Bonus goals and objectives differ from regular goals and objectives in that their attainment or accomplishment is optional, and addresses exceptional performance.

Otherwise, they are similar to regular goals and objectives in that their attainment results in measurable improvement to City operations and/or processes. For the term of this agreement, employees at or above the top of the range may be granted a performance bonus of up to two and one-half percent (2.5%) for exemplary performance by unit members if, at a minimum, the employee has received the highest possible rating in at least half of the rating categories, has received ratings equivalent to satisfactory or meets standards in the remaining rating categories, and has met at least seventy-five percent (75%) of his/her goals and objectives. These performance bonuses must be approved by the management employee’s department director.

Bonuses are awarded either as a one-time contribution to the employee’s Deferred Compensation 457 Plan, or as a lump sum cash payment directly to the employee, at the employee’s option. They are awarded solely for the one-year period evaluated, and do not become part of the employee’s salary or otherwise continue from year to year.

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 9 The fact that a management employee has received a performance bonus in a prior year shall not disqualify him or her from receiving additional performance bonuses in subsequent years, provided the requirements set forth in this section are met.

SECTION 9. EQUITY ADJUSTMENTS
The City Manager may authorize individual salary adjustments to correct internal or external salary alignment inequities.

SECTION 10. LONGEVITY PAY
Longevity pay was eliminated effective March 1, 2011. Employees currently receiving the benefit shall continue to receive it at their current levels.

SECTION 11. SEVERANCE PAY
A. Department Heads
Department heads are “at will” employees and may be dismissed by the City Manager at any time with or without cause, except that a department head may not be terminated within six months following the appointment of a new City Manager. If the City Manager desires to terminate the employment of a department head, he/she shall provide six months advance notice to the employee or provide a cash payment equal to six months of aggregate salary (not including the value of any benefits received by the employee) as severance pay. During the six months of notice period, the City Manager shall provide monthly performance evaluations and may exercise his/her discretion to terminate the employee immediately upon payment of severance for the unexpired amount of time between the notice and the end of the six month period. The six month notice shall be valid even if given within the six month period prior to the departure of a City Manager or within the first six months after a new City Manager is hired. A department head is not entitled to severance pay if he/she retires, resigns or is terminated for cause.

For purposes of this section, “cause” means 1) a willful neglect of duties, 2) any act involving moral turpitude, dishonesty, or gross carelessness or misconduct, or 3) conviction of a crime involving moral turpitude. To be eligible for severance pay, the

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Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 10 department head shall sign an acknowledgment and release of claims against the City in a form to be approved by the City Attorney. No department head shall be eligible for severance pay until he/she has held the position of department head for at least six months.

B. Non-Department Head Managers
The City shall provide management personnel with a minimum of three weeks of severance pay when a management employee is terminated and no longer employed by the City of Pleasant Hill due to a reduction in work force or a budget related layoff.

SECTION 12. SICK LEAVE
A. Sick Leave Accrual and Use
Beginning the first day of the month following completion of one month of service, a management employee earns sick leave at the rate of one day for each calendar month of service.

Employees continue to earn sick leave while on paid leaves of absence, including, but not limited to, sick leave, jury leave, and workers’ compensation leave.

Employees do not earn sick leave while on unpaid leaves of absence, nor do they earn sick leave while on a leave covered by the City’s private disability plan (i.e., LTD).

There is no maximum accrual for sick leave.

An employee may take paid sick leave beginning the second month of employment.

B. Annual Sick Leave “Buy-Back”
Each year, management employees who have accrued at least thirty days of sick leave credit as of November 30th may “sell” up to 33-1/3% of their accrued sick leave back to the City.

In exchange, the employees shall, at their option, receive either cash or equivalent vacation time on either the December 5th or January 5th payday. Payments shall be at the employee’s then current rate of pay. The amount of sick leave the City “buys back” from the employee is then deducted from the employee's total sick leave accrual.

8.3.c
Packet Pg. 100 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 11 Alternatively, an employee may elect to retain sick leave in lieu of payment.

C. Payment for Accrued Sick Leave Upon Separation From Employment

1. For existing employees as of October 31, 2011 – Management employees with at least five years of service with the City who separate from employment because of voluntary resignation, retirement, death, or abolishment of position, shall receive payment for their accumulated sick leave at the rate of one day for each four days of accrued, unused sick leave, up to a maximum of 25 days. However, Management employees who retire with 15 or more years of service shall receive payment as referenced in Section 17.B.

2. For employees hired on or after November 1, 2011- Management employees with at least five years of service with the City who separate from employment because of voluntary resignation, retirement, death, or abolishment of position, shall receive payment for their accumulated sick leave at the rate of one day for each four days of accrued, unused sick leave, up to a maximum of 25 days.

D. Medical Leave. When a full-time employee is off work as a result of a valid onthe-job injury sustained in the service of the City, the City shall continue his/her pay in the amount of his/her monthly rate up to but no longer than sixty (60) calendar days.

SECTION 13. HOLIDAYS
Management personnel are authorized to observe those holidays designated in the City’s MOU’s with its non-management employee groups, provided, however, that the City Manager may direct management personnel to work holidays as necessary to ensure proper conduct of City functions, and may grant administrative leave to such management personnel in recognition of their having to work on a designated holiday.

8.3.c
Packet Pg. 101 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 12 SECTION 14. ADMINISTRATIVE LEAVE
The management classifications covered by this Plan have been determined to be “exempt” from the Fair Labor Standards Act’s (“FLSA’s”) overtime requirements.

Hence, employees in these classifications do not earn overtime pay, regardless of the number of hours worked.

However, management personnel will accrue 16 hours per calendar month of administrative leave to be used upon approval of the City Manager. The City Manager must authorize use of administrative leave in proportion to the amount of extra time actually worked by the subject employee. This leave will be in recognition of excessive night work or weekend work. Administrative leave may not normally exceed more than 16 hours in any calendar month. However, if the City Manager determines, in his or her discretion, that the employee could not have reasonably used some or all of the month’s Administrative Leave due to City work requirements, the City Manager may permit the employee to carry over the unused portion of that month’s Administrative Leave. This time will be taken in time off only – not salary – and generally does not carry over from month to month without City Manager approval.

Effective September 1, 2022, employees working a regular schedule that requires nine (9) hour days will receive eighteen (18) hours per calendar month of administrative leave. All other conditions for administrative leave shall remain the same.

SECTION 15. VACATION
A. Vacation Accrual

1. Vacation shall be accrued and used by management personnel in a manner acceptable to the City Manager. Vacation leave is earned by management personnel according to the following schedule:

Years
of
Service
0 to 3
years
4 to 6
years
7 to 9
years
10 to 12
years
13 to 15
Years
16 to 18
years
19 to 21
years
22 to 24
years
25 to 27
Years
28 or
more
years
Vacation
Days
Earned
12 17 18 19 20 21 22 23 24 25

8.3.c
Packet Pg. 102 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 13 2. Notwithstanding the terms of section 1 above, the City Manager may, at his or her discretion, grant a new hire an initial vacation accrual rate (on one of the increments shown in the above accrual schedule) that reflects some or all years of service the employee provided to the employer with whom the new hire was employed at the time he or she accepted the offer of employment by the City of Pleasant Hill. To the extent this exceeds the accrual rate the new hire would otherwise have enjoyed, under Section

15.A.1 above, the new hire will remain at the preferential rate granted by the City Manager until the employee’s years of continuous service with the City of Pleasant Hill are of such number that they would qualify the employee for an increase in vacation accrual rate even if the employee had been hired without the granting of a preferential vacation accrual rate.

B. Maximum Vacation Accrual
Management personnel employed as of October 31, 2011 may accrue up to eight weeks (320 hours) of vacation and management personnel employed November 1, 2011 or later may accrue up to seven weeks (280 hours) of vacation, at which time they must either:

1. Immediately reduce the balance by utilizing a sufficient number of vacation hours to bring their total accrued vacation to 320 hours (for existing employees) or 280 hours (for new employees) or less; or

2. With the approval of the City Manager, cash out an amount sufficient to bring their total to 320 hours (for existing employees) or 280 hours (for new employees) or less, up to a maximum of 180 accrued vacation hours cashed out; or

3. Stop accruing any further vacation until their accrued vacation hours drop below the applicable maximum accrual cap.

Alternatively, and in appropriate circumstances, the City Manager may grant a temporary, short-term waiver of the accrual cap for vacation leave. If no such waiver is granted, no further vacation time shall be accrued.

8.3.c
Packet Pg. 103 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 14 C. Vacation Buy Back
Upon written request by the employee, the City will buy back accrued, unused vacation hours provided the employee has used a minimum of forty (40) consecutive hours of vacation (or equivalent leave time, such as a combination of vacation and administrative leave time or vacation and holiday time) during the twelve (12) months prior to the date of the request. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction. The written request for the vacation buy back must be submitted to the Personnel Officer by the 25th day of the month preceding the date on which the employee is requesting the payoff.

Only hours which were accumulated prior to the last day of the month preceding the date of the request are eligible for the vacation buy back. Vacation buy back shall be limited to two requests per fiscal year.

SECTION 16. HEALTH CARE AND RELATED BENEFITS
A. Medical Coverage
The City shall provide medical coverage for management employees and their eligible dependents. Each management employee shall contribute to the cost of such coverage through payroll deductions according to the following schedule:

1. Existing Unit Members:

Employees hired before November 1, 2011– Employees will pay 20% of the premium for either Kaiser or Anthem Blue Shield at each level of participation.

2. New Unit Members Hired on or after November 1, 2011:

City will pay 75% of the Kaiser premium at each level of participation; employee will pay the remainder.

The City shall deduct the appropriate contribution from the employees’ pay on a pre-tax semi-monthly basis.

8.3.c
Packet Pg. 104 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 15 B. Medical “In Lieu” Payments
Management employees who can demonstrate they have medical coverage through an external source may waive coverage under the City’s medical plan and elect to receive either four hundred dollars ($400) per month in cash or, a City contribution of four hundred dollars ($400) per month into the employee’s deferred contribution account. These cash payments or deferred compensation contributions shall be made “in lieu of” providing medical coverage to the employees and their eligible dependents.

Employees receiving in lieu payments shall not be required to make the premium contributions described in Section 16.A. above. Payments into the employee’s deferred compensation account are subject to the limits of applicable law.

C. Dental Coverage
The City shall provide management employees and their eligible dependents a dental plan which provides at least an 80/20 payment benefit and a maximum benefit of $1,500 per person per year. The City will pay 100% of the premium for the dental plan during the term of this Management Pay Plan. This plan does not provide orthodontia benefits. In lieu of the foregoing plan, the employee may once per plan year elect the City plan with a maximum benefit of one thousand dollars ($1000) per person per year with a one thousand five hundred dollar ($1500) orthodontia benefit.

D. Vision Care
The City shall provide a vision care plan for management employees and their eligible dependents. The City will pay 100% of the premium for the vision care plan during the term of this Management Pay Plan.

E. IRS Section 125 Plan
The City will provide management employees an IRC Section 125 Plan for eligible medical and dependent care costs.

8.3.c
Packet Pg. 105 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 16 F. Life Insurance
The City will provide management employees with life insurance benefits equal to one times (1x) annual gross salary. For purposes of this provision, “annual gross salary” shall be calculated as of November 1
st of each year.

G. Disability Insurance
The City will provide management employees with long term disability insurance coverage providing 66-2/3% of salary when the carrier’s eligibility requirements are met.

The City shall pay the premium for this coverage.

H. Healthcare Cost Containment Committee Participation

1. Each year the City and Management Group Association agree to participate in a joint Healthcare Cost Containment Committee (“HCCC”). The purpose of the Committee shall be to seek long term structural reductions in the City’s escalating cost of health care and health insurance coverage by means that may or may not involve cost shifting.

2. The HCCC shall be comprised of one (1) voting member from each of the City’s employee organizations that elect to participate in the HCCC and the Human Resources Manager who shall have one vote. Inasmuch as the City contracts with healthcare providers or insurers (currently Kaiser and Health Net) on a City-wide basis, the parties will actively encourage other bargaining units to participate in the HCCC.

3. Except as provided herein, no change in plan design will be voluntarily incorporated in the City’s provider or carrier agreements unless recommended by a majority vote of the unit representatives participating in the HCCC and in attendance for the pre-scheduled vote, agreed upon by the Management Group Association, and formally adopted the City Council. However, if the monthly premium charged by a provider or carrier would exceed the amount that, after the effective date of the Excise Tax under the Patient Protection and Affordable Care Act (“ACA”), would trigger the Excise tax under the ACA (whether charged directly to the City, provider, or carrier) at the applicable level of enrollment (single or multi-party), the City may implement changes in plan design necessary to reduce the premium to a level that would not trigger the tax. Such change shall be limited in the aggregate to that degree of change

8.3.c
Packet Pg. 106 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 17 reasonably necessary to keep premiums below the tax threshold while maximizing benefits available within the negotiated envelope below the tax threshold. The City will afford the Management Group Association an opportunity to meet and discuss the changes before they are implemented. The terms of this Section 3 reflect all steps required for the City to complete its obligations under the MMBA that may otherwise attach to deciding upon and implementing such changes.

SECTION 17. RETIREMENT
A. PERS Retirement
The City will continue to provide retirement benefits to its existing management employees hired as of October 31, 2011 in accordance with the terms of the City's present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”) and in accordance with the Public Employees’ Pension Reform Act (PEPRA) and the California Public Employees Retirement Law, including but not limited to: 2%@55 retirement benefits for its miscellaneous management employees; 3%@50 retirement benefits for its safety management employees; single highest year; and payment of the employer’s required contributions under both plans.

Effective April 16, 2012, the pension formulae will be reduced to 3%@55 (safety management employees) and 2%@60 (miscellaneous management employees) for new employees hired after the new formula becomes effective. Final compensation will be based on a three-year average.

All non-sworn employees covered by the Management Pay Plan hired on or after January 1, 2013, who are “new members” as determined by CalPERS, will participate in the City’s Miscellaneous Employees Retirement Plan (2%@62). Sworn employees covered by the Management Pay Plan hired on or after January 1, 2013, who are “new members” as determined by CalPERS, will participate in the City’s Safety Employees Retirement Plan (2.7%@57). Employees will contribute at least 50 percent of the total normal cost rate for this retirement plan. Final compensation will be based on a three-year average.

8.3.c
Packet Pg. 107 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 18 In addition, under the authority of Government Code sections 20691 and 20636(c)(4), the Employer Paid Member Contribution (EPMC) shall apply to employees of the Pleasant Hill Management Group. This benefit consists of paying a percentage of the normal contributions as EPMC for miscellaneous and safety employees, and reporting the same percent of compensation as additional compensation. The percentage of normal contributions to be paid as EPMC for existing miscellaneous and safety employees is as follows:

Effective March 1, 2015 Miscellaneous Employees will pay 7% of the Employer Paid Member Contribution (EPMC)
Effective March 1, 2015 Safety Employees will pay 9% of the Employer Paid Member Contribution (EPMC)
The City shall also pay increases in the retirement contributions of management employees promulgated by increases in base salaries. The City will pay its proportional share of increases brought about as a result of actuarial surveys conducted by the Public Employees' Retirement System affecting the entire plan.

B. Sick Leave Conversion Upon Retirement – Existing Employees Hired Before November 1, 2011

1. Existing Employees as of October 31, 2011
a. Employees With At Least 20 Years of City Service
Management employees hired prior to November 1, 2011 who, regardless of age:
 have worked for the City for 20 or more years, and
 elect to take a service retirement,
may elect to apply up to 100% of their accrued, unused sick leave, calculated at 100% of their final rate of pay, at the net present value (which is based on the average of the prior two years’ Consumer Price Index for all Urban Consumers (CPI-U) (San Francisco-Oakland) region as of the date of retirement. The amount shall be contributed to the employee’s ICMA

8.3.c
Packet Pg. 108 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 19 VantageCare Retiree Health Savings Plan (RHS) account, on a tax deferred basis, pursuant to the Management RHS Plan adoption agreement. b. Employees With At Least 15 But Less Than 20 Years of City Service Management employees who, regardless of age, have worked for the City of Pleasant Hill for fifteen or more years, but fewer than 20 years, and elect to take a service retirement, may elect to apply up to 50% of their accrued, unused sick leave, calculated at 25% of their final rate of pay, at the net present value (which is based on the average of the prior two years’ Consumer Price Index for all Urban Consumers (CPI-U) (San FranciscoOakland region) as of the date of the retirement. The amount shall be contributed to the employee’s ICMA VantageCare Retiree Health Savings Plan (RHS Plan) account, on a tax deferred basis, pursuant to the Management RHS Plan adoption agreement.

2. Employees Hired On or After November 1, 2011
The sick leave conversion upon retirement benefit is eliminated for employees hired on or after November 1, 2011.

3. Applying Accrued Vacation Leave to Post-Retirement Healthcare Costs
Management employees who elect to take a service retirement from the City of Pleasant Hill shall apply 100% of their accrued, unused vacation leave, calculated at 100% of their final rate of pay into the employee’s ICMA VantageCare Retiree Health Savings (RHS) account, on a tax-deferred basis, pursuant to the Management RHS Plan adoption agreement.

4. Reversion of Funds
In the event the employee dies before exhaustion of the funds in the employee’s RHS Plan account, and leaves no surviving spouse or dependents, the remaining funds shall revert back to the City.

8.3.c
Packet Pg. 109 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 20 5. Use of Sick Leave Credit for PERS Retirement Purposes The use of sick leave credit for retirement purposes as provided by the City contract now in force with the California Public Employees Retirement System is permitted for all management employees. For those employees who elect this option only the remaining accrued, unused sick leave balance that has not been cashed out pursuant to section 17.1.a and 17.1.b may be credited for PERS retirement purposes.

C. Deferred Compensation (457) Accounts
A deferred compensation plan is made available to management employees through ICMA. Other than making 457 “in lieu” contributions as provided in Section 16.B. above, the City makes no contributions to management employees’ 457 plan accounts.

Management employees are free to contribute to their individual 457 plan accounts to the extent allowed by law.

D. 401(a) Money Purchase Plan
For each employee covered by this Plan, the City shall make the following contributions to the employee’s 401(a) Money Purchase Plan account:

Effective March 1, 2015 – 3% of the employee’s salary
Employees who are hired or promoted into the unit must opt-in to make a voluntary employee contribution within sixty (60) calendar days of hire or promotion into the unit; the action of the opt-in by the employee is irrevocable. By not electing to opt-in, employees are electing to opt-out by default and shall not be eligible to participate in the employee voluntary contribution portion of the program. The City will make the above noted contribution regardless of the employee electing to participate in the employee voluntary contribution portion of the program.

E. RHS Contribution
Employees in the unit will receive a two hundred twenty-five dollars ($225) monthly contribution to the RHS Plan for the term of the agreement.

8.3.c
Packet Pg. 110 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 21 SECTION 18. MISCELLANEOUS BENEFITS
A. Membership in Professional and Civic Organizations

1. Professional Organizations
The City will pay membership dues for management personnel in professional organizations at the national, state and local levels as directed by the City Manager.

The City will pay the expenses of transportation, food, lodging, and registration for management personnel at meetings of professional associations or organizations as directed by the City Manager, provided, however, not more than one professional meeting or conference per person outside the State of California may be attended by any management personnel in any fiscal year without prior approval of the City Council.

2. Civic Clubs and Organizations
The City will pay the annual membership dues in a local civic club or organization as chosen by each management employee and as approved by the City Manager. No cost of luncheons or special events of civic clubs other than annual membership dues shall be borne by the City.

B. Uniform Allowance
Management employees who are sworn officers of the Police Department and are required to wear a department uniform at any time in the course of their work shall receive an annual uniform allowance in an amount equal to that paid to all sworn personnel of the department.

C. Educational Expense Reimbursement
The City agrees to continue the educational incentive to employees within the Management Group as follows:
a. The course or courses taken must: (1) relate to the employee’s job or be a part of a degree program which has application to City service; and (2) be approved by the employee’s Department Head.
b. If the requirements in section “a” are met, the City will reimburse the employee for books and technology upgrades or additions, and will also

8.3.c
Packet Pg. 111 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 22 pay the employee $18 per month per credit unit for tuition, up to a maximum of nine (9) units per semester or quarter, provided the total amount paid to the employee for all of these items (including the $18 per month per credit unit) does not exceed $500 per semester or quarter, and $2,000 per calendar year overall.
c. To be reimbursed for tuition, books, and technology upgrades or additions, the employee is actually enrolled in the course(s), and that the books, technology upgrades and/or technology additions are in fact required for the course(s) being taken.

D. One-Time Payment
The City will pay a one-time, non-pensionable, lump sum payment of three thousand dollars ($3,000) to each bargaining unit member actively employed by the City 1) at the start and 2) end of the second full pay period following Council adoption and 3) at time of payment. Said one-time payment is to be paid on the regular payroll and subject to all applicable withholding.

CITY OF PLEASANT HILL CITY OF PLEASANT HILL

MANAGEMENT GROUP
Michael G. Harris, Mayor Ling King, Group Representative June Catalano, City Manager Matt Kristic, Group Representative APPROVED AS TO FORM:
________________________________
Janet Coleson, City Attorney

8.3.c
Packet Pg. 112 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 23 EXHIBIT “A”
Management Classifications Covered by
the Management Pay Plan (as of September 1, 2022)
Accounting Manager
Assistant City Manager
Chief Building Official
Chief of Police
Chief Technology Officer
City Engineer
City Planner
Community Development Director/Assistant City Manager
Economic Development Manager
Finance Manager
Human Resources Manager
Maintenance Superintendent
Maintenance Supervisor
Police Captain
Police Lieutenant
Principal Management Analyst/City Clerk
Senior Civil Engineer
Senior Management Analyst
Senior Planner
Senior Traffic Engineer

8.3.c
Packet Pg. 113 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan) 24 EXHIBIT “B”

MANAGEMENT GROUP SALARY RANGES
EFFECTIVE SEPTEMBER 1, 2022 – 3%

POSITION MONTHLY

MINIMUM

MONTHLY

MAXIMUM
Accounting Manager $11,289 $15,014
Assistant City Manager $14,021 $18,649
Chief Building Official $10,582 $14,073
Chief of Police $16,578 $22,049
Chief Technology Officer $11,270 $14,992
City Engineer $12,391 $16,978
City Planner $12,391 $16,978
Director of Community Development/Assistant City Manager $14,818 $19,707 Economic Development Manager $11,289 $15,014
Finance Manager $13,386 $17,805
Human Resources Manager $12,607 $16,768
Maintenance Superintendent $10,659 $14,176
Maintenance Supervisor $9,805 $13,041
Police Captain $14,048 $18,685
Police Lieutenant $12,648 $16,822
Principal Management Analyst/City Clerk $13,512 $15,236 Senior Civil Engineer $10,728 $14,266
Senior Management Analyst/Deputy City Clerk $10,728 $14,266 Senior Management Analyst/Public Info Officer $10,728 $14,266 Senior Planner $9,717 $12,924
Senior Traffic Engineer $10,728 $14,266

8.3.c
Packet Pg. 114 Attachment: Exhibit 2 - Compensation Plan (MPP) - September 1, 2022 through August 30,2023 (MPP Successor Compensation Plan)

CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOUSTONGALVESTON AREA COUNCIL (HGACBUY) AND ACCOMPANYING PURCHASE ORDER WITH MOTOROLA SOLUTIONS INC. FOR THE

PURCHASE OF PORTABLE AND VEHICLE RADIOS FOR THE

PLEASANT HILL POLICE DEPARTMENT

SYNOPSIS
The current portable and in-car radios used by the Pleasant Hill Police Department were purchased in March of 2001. The radios will soon be declared end-of-life by Motorola and will no longer be supported. Staff requests that the City Council authorize the City Manager to execute an agreement with Houston-Galveston Area Council (HGACBuy) and accompanying purchase order with Motorola Solutions, Inc. for the purchase of new portable and vehicle radios for the Pleasant Hill Police Department from Motorola Solutions, Inc..

DISCUSSION
Background
Radios are the primary means of communication to officers in the field from dispatchers and from officer to officer. Public safety and the safety of employees are dependent upon communications.

Incidents are resolved because officers can communicate with each other. There is no viable alternative to radio communications for effective police work.

The City purchased most of the portable and vehicle radios used by the Pleasant Hill Police Department in March of 2001. Then in May of 2011, the City replaced 20 of the portable radios from the initial purchase. However, the manufacturer will declare the remaining 62 portable radios and 35 vehicle radios still in use by staff to be “end-of-life” within the next two years, thus ceasing the support available for the product.

Analysis
Motorola Solutions, Inc. offers the sole source of radios and ancillary equipment that is compatible with the City’s existing radio equipment.

8.4 Packet Pg. 115
Motorola Solutions, Inc. has an existing contract with the Houston-Galveston Area Council (HGACBuy), a nationwide, government procurement service that enables local government, including non-profits providing governmental services, to become participating members of the HGACBuy Cooperative. All contracts available to participating members of the HGACBuy Cooperative have been awarded by virtue of a public competitive procurement process compliant with state statutes.

HGACBuy has more than 40 years of experience in cooperative purchasing and serves more than six thousand local governments across the United States. Its list of members in California alone is extensive, including neighboring cities of Martinez, Concord, Walnut Creek, and Contra Costa County.

The HGACBuy Contract not only satisfies the City’s competitive bidding requirements, it also complies with federal rules and regulations for the use of federal funds for the purchase of the needed radios.

The American Rescue Plan Act (ARPA) of 2021 created a new federal Coronavirus State and Local Fiscal Recovery Fund (SLFRF) to keep first responders, frontline health workers, teachers, and other providers of vital services safely on the job. Funds are available until December 31, 2024.

The total purchase price for the radios is $674,950. In order to encourage the City to replace the radios that are nearing the end of their service life, Motorola has offered a one-time incentive discount of $25,834. The discount is due to expire on October 31, 2022.

In order for the City to take advantage of the significant incentive offer by Motorola and the fact that radios are crucial for the City’s first responders to provide vital and safety services, staff is recommending the purchase of the needed Motorola radios through the HGACBuy Contract utilizing SLFRF Funds.

FISCAL IMPACT
The cost to replace all the portable and vehicle radios nearing the end of their service life is $674,950. The Finance Division has confirmed that adequate funds are available in SLFRF to support this purchase.

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 attached resolution authorizing the City Manager to execute an agreement with City Manager to execute an agreement with Houston-Galveston Area Council (HGACBuy) and

8.4 Packet Pg. 116
accompanying purchase order with Motorola Solutions, Inc. for the purchase of new portable and vehicle radios for the Police Department.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council could reject the proposed action.

ATTACHMENT(S):

Proposed Resolution
Motorola Proposal
HGACBuy Agreement
Prepared by: Ling King, Chief Technology Officer
Approved by: June Catalano, City Manager

8.4 Packet Pg. 117
RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HOUSTON-GALVESTON AREA COUNCIL (HGACBuy) AND ACCOMPANYING PURCHASE ORDER WITH MOTOROLA SOLUTIONS INC. FOR THE PURCHASE OF

PORTABLE AND VEHICLE RADIOS FOR THE PLEASANT HILL POLICE

DEPARTMENT
WHEREAS, the City has a pressing need for radios and ancillary equipment for its Police Department, which are set forth in the quote attached hereto as Exhibit A; WHEREAS, the Motorola Solutions, Inc. is the sole source of radios and ancillary equipment reasonably compatible with the Police Department’s existing radio equipment; WHEREAS, the Motorola Solutions, Inc. has an existing contract with Houston-Galveston Area Council for the radios and ancillary equipment required by the City’s Police Department that was procured in compliance with the requirements of 2 C.F.R. Part 200 and other applicable law relating to expenditures utilizing federal funding such as Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”);
WHEREAS, the request is to appropriate and transfer up to $674,950 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for radio equipment services, otherwise any short fall will require the use of General Fund unassigned fund balance or Police Technology Fund unassigned fund balance to cover this cost.

WHEREAS, section 5.10.100, subd. (b) and (d), of the Municipal Code authorizes the City to procure the needed radios and ancillary equipment for its Police Department through Motorola Solutions, Inc.’s existing contract with Houston-Galveston Area Council.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted to the City Manager to execute an Agreement with Houston-Galveston Area Council (HGACBuy) (Exhibit B) and accompanying purchase order with Motorola Solutions Inc. to acquire the needed radios and ancillary equipment for its Police Department in the amount of $674,950. All documents are to be in a form the City Attorney deems reasonably necessary to comply with 2 C.F.R. Part 200 and other applicable law; and BE IT FURTHER RESOLVED, that up to $674,950 is to be appropriated and transferred from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for radio equipment services. [Signatures on Following Page]

8.4.a
Packet Pg. 118 Attachment: Proposed Resolution - Revised (Purchase of Motorola Radios for PHPD) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. HABR, City Clerk

8.4.a
Packet Pg. 119 Attachment: Proposed Resolution - Revised (Purchase of Motorola Radios for PHPD) EXHIBIT A QUOTE-1883346

PLEASANT HILL POLICE DEPT
10/05/2022
The design, technical, pricing, and other information (“Information”) furnished with this submission is confidential proprietary information of Motorola Solutions, Inc. or the Motorola Solutions entity providing this quote (“Motorola”) and is submitted with the restriction that it is to be used for evaluation purposes only. To the fullest extent allowed by applicable law, the Information is not to be disclosed publicly or in any manner to anyone other than those required to evaluate the Information without the express written permission of Motorola.

MOTOROLA, MOTO, MOTOROLA SOLUTIONS, and the Stylized M Logo are trademarks or registered trademarks of Motorola Trademark Holdings, LLC and are used under license. All other trademarks are the property of their respective owners. © 2020 Motorola Solutions, Inc. All rights reserved.

8.4.b
Packet Pg. 120 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) 10/05/2022

PLEASANT HILL POLICE DEPT
330 CIVIC DR
PLEASANT HILL, CA 94523
Dear ,
Motorola Solutions is pleased to present PLEASANT HILL POLICE DEPT with this quote for quality communications equipment and services. The development of this quote provided us the opportunity to evaluate your requirements and propose a solution to best fulfill your communications needs.

This information is provided to assist you in your evaluation process. Our goal is to provide PLEASANT HILL POLICE DEPT with the best products and services available in the communications industry. Please direct any questions to Dick Fasi at [email protected].

We thank you for the opportunity to provide you with premier communications and look forward to your review and feedback regarding this quote.

Sincerely,
Dick Fasi
Motorola Solutions Manufacturer's Representative
QUOTE-1883346

8.4.b
Packet Pg. 121 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) Billing Address:

PLEASANT HILL POLICE DEPT
330 CIVIC DR
PLEASANT HILL, CA 94523
US
Quote Date:10/05/2022
Expiration Date:10/31/2022
Quote Created By:

Dick Fasi
[email protected]
End Customer:

PLEASANT HILL POLICE DEPT
Contract: 17724 - HGAC (TX)-RA05-21
Line # Item Number Description Qty List Price Sale Price Ext. Sale Price APX™ 6000 Series APX6000
1 H98UCD9PW5BN APX6000 7/800 MHZ MODEL

1.5 PORTABLE
62 $3,213.00 $2,345.49 $145,420.38
1a G996AU ADD: PROGRAMMING OVER
P25 (OTAP)
62 $110.00 $80.30 $4,978.60
1b QA05570AA ALT: LI-ION IMPRES 2 IP68
3400 MAH
62 $110.00 $80.30 $4,978.60
1c Q361AR ADD: P25 9600 BAUD

TRUNKING
62 $330.00 $240.90 $14,935.80
1d QA00580AC ADD: TDMA OPERATION 62 $495.00 $361.35 $22,403.70 1e Q887AU ADD: 5Y ESSENTIAL

SERVICE
62 $227.00 $227.00 $14,074.00
1f QA09008AA ADD: GROUP SERVICES 62 $165.00 $120.45 $7,467.90 1g QA09007AA ADD: OUT OF THE BOX WIFI

PROVISIONING
62 $0.00 $0.00 $0.00
1h QA09001AB ADD: WIFI CAPABILITY 62 $330.00 $240.90 $14,935.80 1i Q498AY ENH: ASTRO 25 OTAR W/

MULTIKEY
62 $814.00 $594.22 $36,841.64
1j H38BT ADD: SMARTZONE

OPERATION
62 $1,320.00 $963.60 $59,743.20
1k QA07682AA ADD: SMARTCONNECT 62 $0.00 $0.00 $0.00
1l Q806BM ADD: ASTRO DIGITAL CAI

OPERATION
62 $567.00 $413.91 $25,662.42
QUOTE-1883346
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.4.b
Packet Pg. 122 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1m GA09011AA ADD: THIRD PARTY DATA

MODEM TETHERING
62 $110.00 $80.30 $4,978.60
1n Q629AK ENH: AES ENCRYPTION AND
ADP
62 $523.00 $381.79 $23,670.98
1o QA01768AA ENH: ENHANCED ZONE
BANK
62 $83.00 $60.59 $3,756.58
1p H122BR ALT: 1/4 WAVE 7/8 STUBBY
(NAR6595)
62 $26.00 $18.98 $1,176.76
APX™ 6500 / Enh Series ENHANCEDAPX6500
2 M25URS9PW1BN APX6500 ENHANCED 7/800

MHZ MOBILE
35 $3,253.00 $2,374.69 $83,114.15
2a GA09008AA ADD: GROUP SERVICES 35 $165.00 $120.45 $4,215.75 2b GA09007AA ADD: OUT OF THE BOX WIFI

PROVISIONING
35 $0.00 $0.00 $0.00
2c GA00318AF ENH: 5 YEAR ESSENTIAL
SVC
35 $352.00 $352.00 $12,320.00
2d G996AS ENH: OVER THE AIR

PROVISIONING
35 $110.00 $80.30 $2,810.50
2e GA00250AA ADD: WIFI/GNSS STUBBY
ANTENNA LMR240
35 $110.00 $80.30 $2,810.50
2f GA00580AA ADD: TDMA OPERATION 35 $495.00 $361.35 $12,647.25 2g G51AU ENH: SMARTZONE
OPERATION APX6500
35 $1,320.00 $963.60 $33,726.00
2h G67DT ADD: REMOTE MOUNT E5
APXM
35 $327.00 $238.71 $8,354.85
2i GA09001AA ADD: WI-FI CAPABILITY 35 $330.00 $240.90 $8,431.50 2j G298AS ENH: ASTRO 25 OTAR W/

MULTIKEY
35 $814.00 $594.22 $20,797.70
2k B18CR ADD: AUXILIARY SPKR 7.5

WATT APX
35 $66.00 $48.18 $1,686.30
2l G843AH ADD: AES ENCRYPTION AND
ADP
35 $523.00 $381.79 $13,362.65
2m G444AH ADD: APX CONTROL HEAD

SOFTWARE
35 $0.00 $0.00 $0.00
QUOTE-1883346
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.4.b
Packet Pg. 123 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 2n G335AW ADD: ANT 1/4 WAVE
762-870MHZ
35 $15.00 $10.95 $383.25
2o G806BL ENH: ASTRO DIGITAL CAI OP
APX
35 $567.00 $413.91 $14,486.85
2p GA01670AA ADD: APX E5 CONTROL
HEAD
35 $717.00 $523.41 $18,319.35
2q W22BA ADD: STD PALM

MICROPHONE APX
35 $79.00 $57.67 $2,018.45
2r GA01630AA ADD: SMARTCONNECT 35 $0.00 $0.00 $0.00
2s GA09011AA ADD: THIRD PARTY DATA

MODEM TETHERING
35 $110.00 $80.30 $2,810.50
2t G361AH ENH: P25 TRUNKING

SOFTWARE APX
35 $330.00 $240.90 $8,431.50
3 NNTN8863A CHARGER, SINGLE-UNIT,
IMPRES 2, 3A, 100-240VAC,

US/NA PLUG
62 $169.56 $127.17 $7,884.54
4 Incentive Expiration Date: 10/31/2022 1 -$25,833.93 -$25,833.93 -$25,833.93 Subtotal $617,802.62
Estimated Tax $57,146.74
Grand Total $674,949.36(USD)
Notes:

QUOTE-1883346
Any sales transaction following Motorola's quote is based on and subject to the terms and conditions of the valid and executed written contract between Customer and Motorola (the ""Underlying Agreement"") that authorizes Customer to purchase equipment and/or services or license software (collectively ""Products""). If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions, Inc.: 500 West Monroe, United States - 60661 ~ #: 36-1115800

8.4.b
Packet Pg. 124 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) Purchase Order Checklist
Purchase Order Checklist
Marked as PO/ Contract/ Notice to Proceed on Company Letterhead (PO will not be processed without this)
PO Number/ Contract Number
PO Date
Vendor = Motorola Solutions, Inc.

Payment (Billing) Terms/ State Contract Number
Bill-To Name on PO must be equal to the Legal Bill-To Name Bill-To Address
Ship-To Address (If we are shipping to a MR location, it must be documented on PO) Ultimate Address (If the Ship-To address is the MR location then the Ultimate Destination address must be documented on PO )
PO Amount must be equal to or greater than Order Total
Non-Editable Format (Word/ Excel templates cannot be accepted) Bill To Contact Name & Phone # and EMAIL for customer accounts payable dept Ship To Contact Name & Phone #
Tax Exemption Status
Signatures (As required)

8.4.b
Packet Pg. 125 Attachment: Exhibit A - Motorola Proposal (Purchase of Motorola Radios for PHPD) INTERLOCAL CONTRACT FOR
COOPERATIVE PURCHASING
ILC No.:

ILC22­12135
Permanent Number assigned
by H­GAC
THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the Houston­Galveston Area Council, hereinafter referred to as "H­GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and , a local government, a state agency, or a non­profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at ,  .

City of
Pleasant Hill
100
Gregory Lane Pleasant Hill CA 94523

WITNESSETH
, H­GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and

WHEREAS
, pursuant to the Act, H­GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and

WHEREAS
, in reliance on such authority, H­GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and

WHEREAS
, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on   (Date), and that it desires to contract with H­GAC on the terms set forth below;

WHEREAS
10/17/2022
NOW, THEREFORE, H­GAC and the End User do hereby agree as follows:

ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H­GAC that (1) it is eligible to contract with H­GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non­profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract.

ARTICLE 2: APPLICABLE LAWS
H­GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract.

ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.

ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began   and ends . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H­ GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. 07/01/2022
06/30/2023
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H­GAC its true and lawful purchasing agent for the purchase of certain products and services through the H­ GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H­GAC to a contractor having a valid contract with H­GAC.

All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H­GAC.

Ownership (title) to products purchased through H­GAC shall transfer directly from the contractor to the End User.

ARTICLE 6: PAYMENTS
H­GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay HGAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H­GAC have any financial liability to the End User for any goods or services End User procures from an H­ GAC contractor.

ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletionstothetermsofthisContractwhicharerequiredbychangesinFederalandStatelaworregulationsareautomatically

8.4.c
Packet Pg. 126 Attachment: Exhibit B - HGACBuy Agreement (Purchase of Motorola Radios for PHPD) pppggppg
the H­ GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H­GAC to a contractor having a valid contract with H­GAC.

All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H­GAC.

Ownership (title) to products purchased through H­GAC shall transfer directly from the contractor to the End User.

ARTICLE 6: PAYMENTS
H­GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay HGAC’s contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H­GAC have any financial liability to the End User for any goods or services End User procures from an H­ GAC contractor.

ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation.

H­GAC reserves the right to make changes in the scope of products and services offered through the H­GAC Cooperative Purchasing Program to be performed hereunder.

ARTICLE 8: TERMINATION PROCEDURES
H­GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H­GAC’s contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User.

ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect.

ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H­GAC.

ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase.

THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:

City of Pleasant Hill
Name of End User (local government, agency, or non­profit corporation)
100 Gregory Lane
Mailing Address
Pleasant Hill, CA 94523
City, State ZIP Code
Signature of chief elected or appointed official | Date June Catalano, City Manager
Typed Name & Title of Signatory
Houston­Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX
77027
By:

Executive Director
Date:

ENDUSERDATA

8.4.c
Packet Pg. 127 Attachment: Exhibit B - HGACBuy Agreement (Purchase of Motorola Radios for PHPD) June Catalano, City Manager
Typed Name & Title of Signatory
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to H­GAC by emailing it to cpcontractfax@h­gac.com or by faxing it to 713­993­2424. The contract may also be mailed to:

H­GAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 77227­2777
Name of End User Agency: City of Pleasant Hill County Name: Contra Costa County Mailing Address: 100 Gregory Lane Pleasant Hill, CA 94523 Main Telephone Number: 925­671­5270 FAX Number: 925­256­8190 Physical Address: 100 Gregory Lane Pleasant Hill, CA >94523 Web Site Address: www.pleasanthillca.org
Official Contact: Ling King
Mailing Address: 100 Gregory Lane
Pleasant Hill, CA 94523
Title: Chief Technology Officer
Ph No.: 925­671­5269
FX No.: 925­256­8190
E­Mail Address: [email protected]
Authorized Official: June Catalano
Mailing Address: 100 Gregory Lane
Pleasant Hill, CA 94523
Title: City Manager
Ph No.: 925­671­5204
FX No.:

E­Mail Address: [email protected]
ILC No.:

ILC22­12135
Permanent Number assigned
by H­GAC NON­PROFIT CERTIFICATION
(End User) is a non­profit corporation with an Internal Revenue Service determination in compliance with the Internal Revenue Code Section . Copies of IRS determination letter and By­Laws/Charter/Articles of Incorporation are enclosed.

City of Pleasant Hill
End User is a non­profit corporation created and operated to provide one or more governmental functions and services. “Governmental functions and services” means all or part of a function or service in any of the following areas:

Functions/Services: Police Protection and Detention Services, Streets, Roads and Drainage, Records Center Services, Planning, Library and Museum Services, Engineering
Administrative Functions: Personnel Services, Purchasing, Records Management, Data Processing End User agrees to notify the Houston­Galveston Area Council immediately if there are any changes to the services or functions end user provides.

End User is made aware that no for­profit organizations may participate in this agreement and agrees to abide by this restriction.

By signing this document, End User certifies that the information provided herein is true and accurate.

Signature of End User
June Catalano, City Manager
Printed Name and Title
Date

COMPLETINGANDEXECUTINGTHEILCPROCESS

8.4.c
Packet Pg. 128 Attachment: Exhibit B - HGACBuy Agreement (Purchase of Motorola Radios for PHPD) Mailing Address: 100 Gregory Lane
Pleasant Hill, CA 94523
Ph No.: 925­671­5204
FX No.:

E­Mail Address: [email protected]
ILC No.:

ILC22­12135
Permanent Number assigned
by H­GAC NON­PROFIT CERTIFICATION
(End User) is a non­profit corporation with an Internal Revenue Service determination in compliance with the Internal Revenue Code Section . Copies of IRS determination letter and By­Laws/Charter/Articles of Incorporation are enclosed.

City of Pleasant Hill
End User is a non­profit corporation created and operated to provide one or more governmental functions and services. “Governmental functions and services” means all or part of a function or service in any of the following areas:

Functions/Services: Police Protection and Detention Services, Streets, Roads and Drainage, Records Center Services, Planning, Library and Museum Services, Engineering
Administrative Functions: Personnel Services, Purchasing, Records Management, Data Processing End User agrees to notify the Houston­Galveston Area Council immediately if there are any changes to the services or functions end user provides.

End User is made aware that no for­profit organizations may participate in this agreement and agrees to abide by this restriction.

By signing this document, End User certifies that the information provided herein is true and accurate.

Signature of End User
June Catalano, City Manager
Printed Name and Title
Date
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.

Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.

Step 3
Scan and email a copy of the contract to H­GAC at cpcontractfax@h­gac.com, or fax it to 713­993­2424.

The contract may also be mailed to:

PO Box 22777
Houston, TX 77227­2777
H­GAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.

Step 4
H­GAC will execute the contract and return a copy to you electronically.

8.4.c
Packet Pg. 129 Attachment: Exhibit B - HGACBuy Agreement (Purchase of Motorola Radios for PHPD) June Catalano, City Manager
Printed Name and Title
Date
COMPLETING AND EXECUTING THE ILC PROCESS
Step 1 (complete)
Thank you for completing this step. A PDF copy of the ILC document will be delivered to the email address entered.

Step 2
Secure a signature by the individual identified as the Authorized Official to contractually bind your entity.

Step 3
Scan and email a copy of the contract to H­GAC at cpcontractfax@h­gac.com, or fax it to 713­993­2424.

The contract may also be mailed to:

PO Box 22777
Houston, TX 77227­2777
H­GAC Cooperative Purchasing Program
If you require an original signed contract, please print, sign, and mail two (2) sets of the ILC documents.

Step 4
H­GAC will execute the contract and return a copy to you electronically.

8.4.c
Packet Pg. 130 Attachment: Exhibit B - HGACBuy Agreement (Purchase of Motorola Radios for PHPD) 100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Ananthan Kanagasundaram, City Engineer
DATE: October 17, 2022
SUBJECT: Presentation and Overview of the Adopted 2022 Local Roadway Safety Plan This memorandum provides a brief summary of the Local Roadway Safety Plan (LRSP) adopted by the City Council on September 12, 2022.

What is a Local Roadway Safety Plan?
A Local Roadway Safety Plan (LRSP) is a proactive comprehensive citywide multi-modal transportation safety action plan. It is consistent with the Contra Costa Transportation Authority (CCTA) Vision Zero framework and provides a framework for public engagement. The LRSP reflects the safety needs and values of stakeholders and the community at large. Caltrans requires the City to prepare and adopt an LRSP in order to be eligible to pursue current and future federal and State grant funds. The LRSP provides a “road map” for the City to navigate its way toward a safer city.

What does the Local Roadway Safety Plan tell us?
The adopted LRSP evaluates potential roadway hazards, identifies solutions, prioritizes implementation, and documents funding strategies. The LRSP focuses its safety analysis on the top 10 street corridors and top 10 intersections. These are locations with the highest number of reported collisions in the last five years (2017 to 2021). It identifies trends, hot spots (clusters of multiple collisions), and various contributing factors to collisions.

The LRSP prioritizes safety issues in multiple areas, including pedestrian and bicycle facility, traffic signal, safety lighting, intersection geometry, signage and pavement markings, and recommends potential solutions for the street corridors and intersections.

Presentation
Christopher Thnay of Advanced Mobility Group (consultant) will provide an overview and presentation of the LRSP during the City Council Meeting on October 17, 2022.

9.1 Packet Pg. 131

CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVAL OF THE PLEASANT HILL TOURISM IMPROVEMENT DISTRICT ANNUAL REPORT FOR FISCAL YEAR 2021/22

SYNOPSIS
The Pleasant Hill Tourism Improvement District (PHTID) is a benefit assessment district that generates revenue to help fund marketing and guest attraction programs for Pleasant Hill hotels.

In addition to increasing hotel usage, PHTID activities also give a boost to the City’s businesses by bringing additional visitors into the City to shop and eat, and by marketing the City’s merchants and special events through www.StayPleasantHill.com and social media. Stay Pleasant Hill serves as the Owners’ Association for the PHTID and is tasked with providing annual reports to the City Council. Staff recommends that the City Council receive the presentation from Stay Pleasant Hill and approve their Annual Report for FY 2021/22.

BACKGROUND
On March 20, 2017, the City Council adopted Resolution 29-17 establishing the Pleasant Hill Tourism Improvement District (PHTID) for a five-year term beginning on April 1, 2017 and continuing through March 31, 2022. The Pleasant Hill Chamber of Commerce served as the Owners’ Association for the PHTID during this initial five-year term.

On January 24, 2022 the City Council adopted Resolution 7-22 extending the PHTID for five additional years beginning on April 1, 2022, with Stay Pleasant Hill assuming management of the PHTID for this second five-year term.

Per its Owners Association Agreement with the City, Stay Pleasant Hill (SPH) shall provide an Annual Report to the City Council by October 30 of each year of the Agreement. A First Amendment to this Agreement was approved by the City Council on March 7, 2022 clarifying that the Annual Report shall cover the preceding fiscal year, not the preceding calendar year.

Because SPH’s management of the PHTID began on April 1, 2022, tonight’s presentation will focus on activities beginning in April of this year. SPH’s next Annual Report due October 30, 2023 will include an audited financial statement for the 15 months covering April 1, 2022 to June 30, 2023. Then, all subsequent Annual Reports within the term of the Agreement will be on a 12- month fiscal year schedule from July 1 to June 30 of the following year.

9.2 Packet Pg. 132

FISCAL IMPACT
There is no impact to the General Fund as a result of approving the Annual Report. Assessment revenues that are received for the PHTID are managed by Stay Pleasant Hill as the Owners’ Association.

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.

RECOMMENDED CITY COUNCIL ACTION
Approve the PHTID Annual Report for FY 2021/22.

ALTERNATIVES TO RECOMMENDED ACTION
City Council could choose to not approve the Annual Report of the PHTID.

ATTACHMENT(S):

PHTID Annual Report FY 2021/22
PHTID Management District Plan 2022-2027
Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

9.2 Packet Pg. 133

9.2.a
Packet Pg. 134 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) ANNUAL
REPORT
FY 2021/22
Insert SPH logo

9.2.a
Packet Pg. 135 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) New Staff
CEO

9.2.a
Packet Pg. 136 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) CEO Key accomplishments
Set up employee
payroll & benefits
plans
Hired new
accounting firm
Set up Work Comp,
D&O, and General
Liability Insurance
Adopted applicable policies
for SPH and Board of
Directors: Whistle Blower,
Record Retention, Tax
Exempt Compliance and
Conflict of Interest
Hosted inaugural
community
luncheon
Brown Act Training
for Board of
Directors
Attended multiple
Industry events to
provide Pleasant Hill
exposure
Met with key
stakeholders and in
process to formulate
strategic plan for
upcoming year.

9.2.a
Packet Pg. 137 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Revenue
FY 2021/22
TOT Tax
$2,236,918
(to City General Fund)
TID Assessment
$652,986

9.2.a
Packet Pg. 138 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) 6 City Fee
1%
Administrative Expenses
18%
Memberships &
Subscriptions
4%
Office
Expenses
1%
Sales & Marketing Team
17%
Production
(Booth, Collateral,
Merchandise, Website)
7%
Training & Development
3%
Marketing/Website
Content
20%
Partnerships &
Sponsorships
3%
Digitla & Print Media Buys
10%
Sales & Travel
10%
Technology & Tools
2%
Contingency
(Miscellaneous)
4%
Approved PHTID Budget
July 1, 2022 - June 30, 2023

EXPENSES
Approved PHTID Budget
July 1, 2022- June 30, 2023
INCOME
Hotel Assessment $710,000
Checking & Savings $500,000
Total Income $1,210,000

9.2.a
Packet Pg. 139 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) 7 Domestic leisure travel spending has already surpassed pre-pandemic levels, even when adjusted for inflation—though it is projected to remain $46 billion below where it should have been in 2022 if not for the pandemic.

Domestic business travel is finally picking up and volume is expected to reach 81% of pre-pandemic levels in 2022 and 96% in 2023. Nevertheless, spending, when adjusted for inflation, will not fully recover to prepandemic levels within the range of the forecast.

International inbound travel is making a big comeback, aided by the recent drop of pre-departure testing. It is projected to grow rapidly through the rest of 2022, and then grow at a slower pace in 2023-2026. A full recovery to pre-pandemic levels (volume and spending) is not expected until 2025. https://www.ustravel.org/research/travel-forecasts Travel
Forecast

9.2.a
Packet Pg. 140 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Smith Travel Research Report
Percent Change from YTD 2021
2022 2021 2022 2021 2022 2021 Occ ADR RevPAR Room Rev
Room
Avail
Room
Sold

79.1 69.8 151.53 134.74 119.80 93.99 13.3 12.5 27.5 27.5 0.0 13.3

69.3 55.3 160.53 133.39 111.24 73.75 25.3 20.3 50.8 52.0 0.8 26.3

55.5 52.9 115.88 105.81 64.35 55.94 5.0 9.5 15.0 15.0 0.0 5.0

64.7 48.2 137.01 108.06 88.68 52.05 34.4 26.8 70.4 70.4 0.0 34.4

64.1 51.2 139.04 107.59 89.09 55.12 25.1 29.2 61.6 61.6 0.0 25.1

61.6 51.5 124.90 99.51 76.90 51.28 19.5 25.5 49.9 49.9 0.0 19.5 Year to Date - August 2022 vs August 2021
Occ % ADR RevPAR
Pleasant Hill, CA+
Walnut Creek, CA+
Concord, CA+
San Ramon, CA+
Pleasanton, CA+
Dublin, CA+
Census Sample Census Sample
7 5 699 643
7 6 1187 1163
11 8 1320 1148
7 6 1147 1028
13 11 1818 1746
5 5 689 689
Rooms
Participation
Properties

9.2.a
Packet Pg. 141 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22)

MARKETING

9.2.a
Packet Pg. 142 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Campaigns
Total Revenue
$1,110,929
Total Stays
$6,103

9.2.a
Packet Pg. 143 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22)

DIGITAL ADS
Advertising
Visit California Guide
San Francisco Travel

9.2.a
Packet Pg. 144 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Tradeshows
Total attended -
14 9.2.a
Packet Pg. 145 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Social Media
Support

9.2.a
Packet Pg. 146 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22)

COMMUNITY SUPPORT

TRACKER

9.2.a
Packet Pg. 147 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Band Application
- Sunset by the Lake Concerts
Reach 192 people - Total Amount $27.28 Blues & Brews 2022 Reach 21k people - Total Amount $1.3K
Taco Tuesday Pleasant Hill
Reach 2727 - Total Amount $75
Fourth of July Commission
Reach: 9444 Total: $100
Fourth of July Commission
Reach: 3470 Total: $100
$1000 Photography
City Parks
Reach: 6317 Total: $200
PCOC Art & Wine Ads
Reach: 3310
Total: $450
Booth $2.5K
Wise Girl
Reach 23 391
Total: $600

9.2.a
Packet Pg. 148 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Spavia
Reach 8,334 Total: $100
Restaurant Week
Reach 130.6K Total:
$1,550
Spavia
Reach 55,077K Total:
$700

SPH TOTAL SPEND
2021/22 FY
Total spend: $10,925.00
Total reach: 333,084 people
City of Pleasant Hill
Spend: $2,100
Reach: 61,125 people
Top: Organic – 84
Bottom – Paid Ads
Warriors Watch
Party
Reach: 6,574
Total: $900
Off the Grid
Reach 35,320 Total:
$700

9.2.a
Packet Pg. 149 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Reach 2,527 Reach: 9,444
Reactions: 704
Reach: 13,400

9.2.a
Packet Pg. 150 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Instagram Boost
Viewings – 5,100
Engagement – 24 comments
Boost - $600
Facebook Boost
Likes – 602
Boost - $100
Target – East Bay area, 25-65
year old, Men + Women

9.2.a
Packet Pg. 151 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) Local
Events
Support
$6,000
INSERT 4TH
JULY
PHOTO

9.2.a
Packet Pg. 152 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) DIVERSITY.EQUITY.INCLUSION

INSERT PRIDE
PHOTO

9.2.a
Packet Pg. 153 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) FUTURE

ACTIVITIES

1. MARKETING CAMPAIGNS-Partner with Mt. Diablo Region
& SF Travel to maximize shared $ and continue the
successful Visit California Campaigns

2. SALES ACTIVITIES-continue to engage local businesses and educate on the benefits we can offer them by promoting
them on SPH channels

3. COMMUNITY PARTNERSHIPS - “Conversations with..” to
tell Pleasant Hill stories, additional channel ideas i.e. Radio Show, Blog, Podcast, Newsletters, Central Pleasant Hill calendar to promote all events, Community town hall
events (luncheon, etc.)

4. TEAM GROWTH-Adding Sales Manager to the team to focus on local engagement, local social media content and trade shows

5. FUTURE LEADERS PROGRAM-Working with DVC and
MDUSD to identify interns and promote interest in travel and tourism careers for our future leaders

9.2.a
Packet Pg. 154 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22)

9.2.a
Packet Pg. 155 Attachment: Attachment 1 - PHTID Annual Report FY 2021-22 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
1 2022-2027
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. January 24, 2022

9.2.b
Packet Pg. 156 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
2 Contents
I. OVERVIEW.............................................................................................................................................3 II. BACKGROUND.....................................................................................................................................5 III. BOUNDARY ...........................................................................................................................................6 IV. ASSESSMENT BUDGET AND SERVICES....................................................................................7 A. Annual Service Plan............................................................................................................ 7 B. Annual Budget .................................................................................................................... 9 C. California Constitutional Compliance .............................................................................. 10 D. Assessment........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments................................................................. 13 V. GOVERNANCE...................................................................................................................................14 A. Owners’ Association......................................................................................................... 14 B. Brown Act and California Public Records Act Compliance ............................................ 14 C. Annual Report................................................................................................................... 15 APPENDIX 1 – LAW........................................................................................................................................16 APPENDIX 2 – ASSESSED BUSINESSES .................................................................................................27 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

9.2.b
Packet Pg. 157 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
3 I. OVERVIEW
Developed by the City of Pleasant Hill Economic Development Department and lodging businesses in Pleasant Hill, the Pleasant Hill Tourism Improvement District (“PHTID”) is an assessment district proposed to provide specific benefits to payors, by funding sales, marketing, and communications efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2017, the PHTID was formed pursuant to the Property and Business Improvement District Law of 1994 (“94 Law”) for a five (5) year term. This effort seeks to renew the PHTID for a five (5) year term pursuant to the provisions of the 94 Law.

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

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

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

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

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

9.2.b
Packet Pg. 158 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
4 Collection: The City shall continue to be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business located within the boundaries of the PHTID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

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

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

9.2.b
Packet Pg. 159 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
5 II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

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

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

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

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

9.2.b
Packet Pg. 160 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
6 III. BOUNDARY
The PHTID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Pleasant Hill.

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

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

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

9.2.b
Packet Pg. 161 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
7 IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the PHTID funds are sales, marketing and communications programs available only to assessed businesses.

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

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

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

9.2.b
Packet Pg. 162 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
8 staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SPH on an as-needed basis.

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

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

9.2.b
Packet Pg. 163 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22) PHTID Management District Plan
January 24, 2022
9 Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of Stay Pleasant Hill. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the SPH Board. Contingency/reserve funds may be spent on PHTID programs or administrative and renewal costs in such proportions as determined by the SPH Board. The reserve fund may be used for the costs of renewing the PHTID.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bonds shall not be issued.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9.2.b
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27 APPENDIX 2 – ASSESSED BUSINESSES
Business Name Street Address City
EXTENDED STAY AMERICA 3220 BUSKIRK AVE PLEASANT HILL, CA 94523 HILTON HOMEWOOD SUITES 650 ELLINWOOD WAY PLEASANT HILL, CA 94523 HYATT HOUSE 2611 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 SONESTA SELECT PLEASANT HILL 2250 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 PLEASANT HILL INN 1432 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 RESIDENCE INN PLEASANT HILL 700 ELLINWOOD WY PLEASANT HILL, CA 94523 SUN VALLEY INN 2045 CONTRA COSTA BLVD. PLEASANT HILL, CA 94523

9.2.b
Packet Pg. 182 Attachment: Attachment 2 - PHTID Management District Plan 2022-2027 (TID Annual Report 2021-22)

CITY COUNCIL STAFF REPORT
Meeting Date: October 17, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AUTHORIZING THE CITY

MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE

AGREEMENT FOR PROFESSIONAL SERVICES WITH CONTRA

COSTA HEALTH SERVICES, HEALTH, HOUSING AND HOMELESS

SERVICES DIVISION TO PROVIDE HOMELESS OUTREACH

SERVICES THROUGH THE COUNTY'S COORDINATED OUTREACH,

REFERRAL, AND ENGAGEMENT (CORE) PROGRAM

SYNOPSIS
Homelessness continues to be a significant issue facing communities throughout Contra Costa County. The number of Police Department calls for service devoted to homeless related issues are disproportionate compared to other calls for service. In order to address this issue, the Police Department devotes a significant amount of time and resources to help mitigate this increasing societal concern. Historically, the City staff has sought long-term solutions to address the multifaceted issues surrounding homelessness, though the cost of solutions often exceed available City resources.

The cities of Pleasant Hill and Martinez were the first cities to enter into an exclusive partnership with the County for Coordinated Outreach, Referral and Engagement (CORE) services in April 2017. Since that time, the CORE Program has been operating in Pleasant Hill and Martinez by deploying a two person team with the ultimate goal of permanent housing for the homeless individuals living in Pleasant Hill.

DISCUSSION
Background
Homelessness and the surrounding issues remain complicated social problems requiring a multifaceted approach. Staff does not have sufficient resources to address the complex issues and needs associated with the homeless community. Consequently, staff is proposing a continued partnership with the City of Martinez and the Contra Costa County Division of Health, Housing, and Homeless Services. The partnership will continue the focus on identifying the needs of the homeless, providing the appropriate services, facilitating a path to long-term housing, and addressing the overall quality of life concerns impacting our community.

9.3 Packet Pg. 183
Analysis
Over the past fiscal year, the Pleasant Hill-Martinez CORE team provided services to 91 homeless individuals during 572 interactions in Pleasant Hill. The CORE team also handed out 833 emergency service supply packages for the homeless living in Pleasant Hill. These rendered services would not otherwise have been possible without collaboration with CORE.

Through consistent communication, contact, and interventions, the CORE outreach specialists continue to develop relationships that have allowed them to engage individuals who have previously been reluctant to receive services. This approach has continued to prove successful for the community over the past year.

FISCAL IMPACT
The total shared project cost for the County to provide a dedicated full-time CORE Team (40 hours per week) is $249,165 annually. If approved, the cities of Pleasant Hill and Martinez will continue to fund one full-time team in FY 2022-2023, and will equally split the project cost amount. The request is to appropriate and transfer up to $124,582 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services, otherwise any short fall will require the use of General Fund unassigned fund balance to cover the Pleasant Hill portion of this cost. The amount of $124,582 includes an annual payment of $3,750 to the County Housing Assistance Fee once the contract is executed. This annual payment will be included in the first payment for Fiscal Year 2022-2023.

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 attached resolution authorizing the City Manager to execute the Fifth Amendment to Agreement for Professional Services between the City of Pleasant Hill and the Contra Costa Health Services, Health, Housing and Homeless Services Division.

ALTERNATIVES TO RECOMMENDED ACTION
The City will utilize internal resources to address homeless related concerns.

ATTACHMENT(S):

Proposed Resolution

9.3 Packet Pg. 184
Exhibit 1 - Fifth Amendment to Agreement for Professional Services Prepared by: Captain Scott Vermillion
Reviewed by: Bryan Hill, Chief of Police
Approved by: June Catalano, City Manager

9.3 Packet Pg. 185
RESOLUTION NO. -22

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH AMENDMENT TO THE

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PLEASANT

HILL AND CONTRA COSTA HEALTH SERVICES, HEALTH, HOUSING AND

HOMELESS SERVICES DIVISION
WHEREAS, homelessness is a complex and significant issue in our community; and WHEREAS, the City of Pleasant Hill wishes to extend a joint contract for services with the City of Martinez and the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach; and
WHEREAS, the City wishes to contract with the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach services for an amount not to exceed $124,582 for the 2022 – 2023 fiscal year; and
WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare.” WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding pursuant to Chapter 5.10 of the City Municipal Code without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and
WHEREAS, the City is contemplating the use of funds received in connection with the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) to fund this contract, which requires pursuant to 2 C.F.R.§ 200.320 that at least “price or rate quotations must be obtained from an adequate number of qualified sources” for an expenditure of the size described above and compliance with 2 C.F.R. Part 200 as set forth therein; and WHEREAS, the request is to appropriate and transfer up to $124,582 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services, otherwise any short fall will require the use of General Fund unassigned fund balance to cover the Pleasant Hill portion of this cost.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted to the City Manager to execute a Fifth Amendment to the Agreement (Exhibit 1) for Professional Services between the City of Pleasant Hill and Contra Costa Health Services, Health, Housing and Homeless Services Division, to provide homeless outreach services through the County’s Coordinated Outreach, Referral, and Engagement (CORE) Program, in an amount not to exceed $124,582, which includes an annual payment in the amount of $3,750 to the County Housing Assistance Fee, for the 2022-2023 Fiscal Year, and

9.3.a
Packet Pg. 186 Attachment: Proposed Resolution - Revised (CORE Homeless Services Agreement Amendment) BE IT FURTHER RESOLVED, that up to $124,582 is to be appropriated and transferred from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of October, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
_____________________________
DANIELLE K. HABR, City Clerk

9.3.a
Packet Pg. 187 Attachment: Proposed Resolution - Revised (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 188 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 189 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 190 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 191 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 192 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 193 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 194 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 195 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 196 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 197 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment) DocuSign Envelope ID: 7C505CFC-3809-4E9F-88E6-7BFE89A55612

9.3.b
Packet Pg. 198 Attachment: Exhibit 1 - Fifth Amendment to Agreement (CORE Homeless Services Agreement Amendment)