Agenda packet — Pleasant Hill City Council, December 5, 2022

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
DECEMBER 5, 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: 843 3722 7275
Passcode: 924424
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 December 5, 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 December 5, 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 December 5, 2022

1. CALL TO ORDER

2. CLOSED SESSION REPORTS

3. PLEDGE OF ALLEGIANCE

4. ROLL CALL

5. PRESENTATIONS

5.1 Acknowledgement of Vivian Veurink as Honorary Mayor for a Day

5.2 Annual Report on the Activities of the Commission on Aging by Chair Michael MacDonald

5.3 Annual Report on the Activities of the Diversity Commission by Chair Eslam Najjar

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

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted by the City of Richmond on December 1, 2022 (B) Other Meetings Attended at City Expense

7.2 Announcements from Councilmembers

8. 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.

9. 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.

9.1 Approve Checks Dated : November 18, 2022; November 30, 2022

9.2 Accept Update on Contra Costa Transportation Authority and Transpac

9.3 Reaffirm Resolution No. 33-22 Approving Continued Teleconferenced, Hybrid or In-Person Meetings of All City Legislative Bodies Pursuant to the Provisions of AB 361

9.4 Adopt Resolution No. ___- 22 Authorizing the Appropriation of $150,000 from Fund 20 Capital Project/Building Fund for the Construction of the City Facilities Technology Upgrades Project

9.5 Adopt Resolution No. ___- 22 Authorizing the Appropriation of $70,000 from Fund 20 Capital Project/Building Fund for the Construction of the Public Services Center Underground Storage Tanks Annular Sensors Upgrades Project
City Council Meeting Agenda Page 4 December 5, 2022

9.6 Adopt Resolution No. ___-22 Amending the Budget for the Pedestrian and Bicycle Program to Incorporate New Local Roadway Safety Plan Grant Funding

10. ACTION CALENDAR

10.1 Update on the City's $500,000 Small Business Economic Stimulus Initiative Funded by the American Rescue Plan Act

10.2 Public Hearing and Introduce and Adopt Urgency Ordinance No. ___ Amending Section

18.20.095 of the Pleasant Hill Municipal Code Related to Accessory Dwelling Units and Junior Accessory Dwelling Units and Determining the Ordinance to be Exempt from CEQA Statutorily exempt per Section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22.

10.3 Introduce Ordinance No. ___ Repealing Section 18.50.170, “Electric Vehicle Charging Stations,” of Title 18 of the Pleasant Hill Municipal Code and Adding a New Chapter 14.75, “Electric Vehicle Charging Systems; Streamlined Permitting” The City of Pleasant Hill hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment.

Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

10.4 Adopt Resolution No. ___-22 Accepting Bid and Award a Construction Contract for the Diablo Vista Water System, 12” Main Rehabilitation Phase II Project No. PSC-02-22 and Authorize the City Manager to Execute the Construction Contract with Paulson Cox Construction, Inc.

11. OTHER

11.1 Discuss the Method to Fill a Vacant City Councilmember Position

12. ADJOURNMENT
Next City Council Meeting: December 19, 2022

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED : NOVEMBER 18, 2022; NOVEMBER 30, 2022

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

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

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Attachment: Check Register (Check Register)

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Attachment: Check Register (Check Register)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION

AUTHORITY AND TRANSPAC

SYNOPSIS
TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for October 19, 2022 and the TRANSPAC Committee meeting summary minutes for October 13, 2022.

DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.

TRANSPAC meets to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.

Analysis
An Executive Summary of the actions taken on October 19, 2022, at the CCTA Board meetings is included along with the meeting minutes. The actions taken at the TRANSPAC Committee meeting on October 13, 2022 are included in the attached minutes.

There is no item of discussion directly related to the City of Pleasant Hill with this update.

FISCAL IMPACT
None

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The agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Accept the report.

ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.

Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff will need adequate time to prepare a comprehensive report addressing the item or items.

ATTACHMENT(S):

CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 TRANSPAC Committee Meeting Summary Minutes for October 13, 2022 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: June Catalano, City Manager

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COMMISSIONERS
Chris Kelley,
Chair
Federal Glover,
Vice Chair
Newell Arnerich
Tom Butt
Teresa Gerringer
Loella Haskew
David Hudson
Karen Mitchoff
Sue Noack
Lamar Thorpe
Holland White
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/October 19, 2022 RTPC Memo.doc

MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Chris Weeks, TVTC
John Nemeth, WCCTAC
Bret Swain, LPMC
From: Timothy Haile, Executive Director
Date: November 4, 2022
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its October 19, 2022 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Quarterly Project Status Report for July ‐ September2022 Recommendation: This was an informational item only; no staff recommendation at this time.

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

B. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for July – September 2022 Recommendation: This was an informational item only; no staff recommendation at this time.

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

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) RTPC Memorandum
November 4, 2022

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https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/October 19, 2022 RTPC Memo.doc C. Interstate 80 San Pablo Dam Road Interchange Improvements, Phase 2 (Project 7002) – Approval of Future State Transportation Improvement Program (STIP) Funds and Local Match for Grant Application
Recommendation: Staff sought approval of Resolution 22‐30‐P, which authorizes the programming of $3.8 million in future STIP funds for local match, contingent upon the award of $19.7 million in Senate Bill 1 Trade Corridor Enhancement Program grant funds and Resolution 22‐31‐P, which will provide local support for the project.

Action: The Authority Board approved Resolution 22‐30‐P, which authorizes the programming of $3.8 million in future STIP funds for local match, contingent upon the award of $19.7 million in Senate Bill 1 Trade Corridor Enhancement Program grant funds and Resolution 22‐31‐P, which will provide local support for the project.

D. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for November 2022
Recommendation: Staff requested that the Authority Board having reconsidered the circumstances continue through November 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill (AB) 361 and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

Action: The Authority Board authorized staff to continue through November 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of AB 361 and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

E. Authorization forthe Executive Directorto Execute a Master Agreement and Program Supplements with the California Department of Transportation (Caltrans) to Receive Transit and Intercity Rail Capital Program (TIRCP) Grant Funds Recommendation: Staff sought approval of Resolution 22‐32‐P, which provides authorization for the Executive Director or designee to execute a Master Agreement and Program Supplements with Caltrans to receive $13.86 million in Cycle 5 TIRCP

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) RTPC Memorandum
November 4, 2022

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https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/October 19, 2022 RTPC Memo.doc grant funds, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

Action: The Authority Board approved Resolution 22‐32‐P, which provides authorization for the Executive Director or designee to execute a Master Agreement and Program Supplements with Caltrans to receive $13.86 million in Cycle 5 TIRCP grant funds, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

F. Innovate 680 – Bay Area Mobility‐on‐Demand (Project 8009.05) – Authorization to Execute Agreement No. 622 with Central Contra Costa Transit Authority (County Connection) for Project Support Services
Recommendation: Staff sought authorization for the Chair to execute Agreement No. 622 with County Connection in the amount of $500,000, to provide project support services, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.

Action: The Authority Board authorized the Chair to execute Agreement No. 622 with County Connection in the amount of $500,000, to provide project support services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

G. Approval of Fiscal Year (FY) 2022‐23 Transportation Fund for Clean Air (TFCA) Projects that Meet the Bay Area Air Quality Management District’s (BAAQMD) Cost Effectiveness Criteria
Recommendation: Staff sought approval of Resolution 22‐29‐G, which approves the FY 2022‐23 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.

Action: The Authority Board approved Resolution 22‐29‐G, which approves the FY 2022‐23 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.

H. Authorization to Execute Agreement No. 623 with Contra Costa County for $1,400,000 of Measure X Funds to Support Implementation of Elements of the Accessible Transportation Strategic Plan
Recommendation: Staff sought authorization for the Chair to execute Agreement No. 623 for the Authority to receive $1.4 million in Measure X funding through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐ income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3)

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) RTPC Memorandum
November 4, 2022

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https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2022/October 19, 2022 RTPC Memo.doc One‐Call/One‐Click Information and Referral Program; and 4) establishment of a Coordinating Entity.

Action: The Authority Board authorized the Chair to execute Agreement No. 623 for the Authority to receive $1.4 million in Measure X funding through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) establishment of a Coordinating Entity.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, October 19, 2022
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERSABSENT:

Chris Kel None ley, Chair
Federal Glover, Vice Chair
Newell Arnerich, Commissioner
Tom Butt, Commissioner
Teresa Gerringer, Commissioner
Loella Haskew, Commissioner
Dave Hudson, Commissioner
Karen Mitchoff, Commissioner
Sue Noack, Commissioner
Lamar Thorpe, Commissioner
Holland White, Commissioner
Mark Foley, ExOfficio Rep.

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

Amy Worth, ExOfficio Rep.

Colin Clarke
Peter Engel
Tarienne Grover
Timothy Haile
Jack Hall
Christina Hartley
John Hoang
Stephanie Hu
Brian Kelleher
Matt Kelly
Hisham Noeimi
Irene Ortega
Ivan Ramirez
Jackie Reyes
Ying Smith
Sherri Sylva
Yuliana Tjeng
Paula Troy
Linsey Willis
Amara Morrison, Legal Counsel

1. CONVENE MEETING: Chris Kelley, Chair
DISCUSSION: Chair Kelley convened the meeting at 6:01 PM. Vice Chair Glover, Commissioners Hudson, Mitchoff, and Thorpe, and Rep. Peeples had not yet arrived. Rep. Powers was absent; Rep. Alt. Peeples attended on her behalf.

2. PLEDGE OF ALLEGIANCE

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

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

Commissioners Mitchoff and Thorpe arrived at 6:02 PM.

4. PRESENTATIONS

CONSENT CALENDAR

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

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

Noes‐None
Absent‐Vice Chair Glover, Commissioner Hudson
Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Workshop Minutes of September 15, 2022 B. Authority Board Workshop Minutes of September 16, 2022 C. Authority Board Minutes of September 21, 2022

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for August2022 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for August 2022.

B. Approval of Proposed Actions to Various FundingResolutions Recommendation: Staff seeks approval of Resolution 10‐03‐P (Rev 5), which will extend the term of the resolution to June 30, 2024 with the Bay Area Rapid Transit (BART) and Resolution 17‐10‐P (Rev 3), which will terminate the resolution with BART.

C. Quarterly Project Status Report for July ‐ September2022 Recommendation: This is an informational item only; no staff recommendation at this time.

D. Select Firms and Jurisdictions for Measure J Compliance Audits for Fiscal Year 2021‐22
Recommendation: Staff seeks approval of the three recipients of Measure J funds selected for a compliance audit and to proceed with reviewing the compliance audit requirements with the firms and agencies selected.

E. Program and Project Management (PPM) Servicesforthe Construction Program – Authorization to Execute Amendment No. 2 to Agreement No. 521 with Cole Management and Engineering, Inc. (CME) for PPM Services

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

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Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 521 with CME in the amount of $144,484.19, for a new total agreement value of $3,691,285.18, to provide additional PPM services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

F. State Route 4 Mokelumne Bike Trail/Pedestrian Overcrossing (Project 5002b) – Authorization to Execute Amendment No. 6 to Agreement No. 358 with Mark Thomas and Company (MTCo) for Design Services During Construction (DSDC) Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 6 to Agreement No. 358 with MTCo in the amount of $47,000, for a new total agreement value of $1,079,204, to provide additional DSDC, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

G. Interstate 80 San Pablo Dam Road Interchange Improvements, Phase 2 (Project 7002) – Approval of Future State Transportation Improvement Program (STIP) Funds and Local Match for Grant Application
Recommendation: Staff seeks approval of Resolution 22‐30‐P, which authorizes the programming of $3.8 million in future STIP funds for local match, contingent upon the award of $19.7 million in Senate Bill 1 Trade Corridor Enhancement Program grant funds and Resolution 22‐31‐P, which will provide local support for the project.

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

I. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for November 2022
Recommendation: Staff request that the Authority Board having reconsidered the circumstances continue through November 2022 conducting hybrid meetings for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill (AB) 361 and consistent with the Contra Costa Health Services’ encouragement of online meetings and recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

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

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J. NEW ITEM: Authorization to Execute Amendment No. 1 to Agreement No. 600 with Meyers Nave, PC (Meyers Nave) for Interim General Counsel Legal Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 600 with Meyers Nave in the amount of $7,776.26, for a new total agreement value of $17,776.26, to provide additional interim general counsel legal services, and to allow the Executive Director or designee to make any non‐substantive changes to the language. This amendment will extend the agreement termination date from September 30, 2022 to October 4, 2022.

K. NEW ITEM: Authorization forthe Executive Directorto Execute a Master Agreement and Program Supplements with the California Department of Transportation (Caltrans) to Receive Transit and Intercity Rail Capital Program (TIRCP) Grant Funds Recommendation: Staff seeks approval of Resolution 22‐32‐P, which provides authorization for the Executive Director or designee to execute a Master Agreement and Program Supplements with Caltrans to receive $13.86 million in Cycle 5 TIRCP grant funds, and to allow the Executive Director or designee to make any non‐substantive changes to the language.

L. NEW ITEM: Innovate 680 – Bay Area Mobility‐on‐Demand (Project 8009.05) – Authorization to Execute Agreement No. 622 with Central Contra Costa Transit Authority (County Connection) for Project Support Services Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 622 with County Connection in the amount of $500,000, to provide project support services, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.

M. NEW ITEM: Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A and 4 (Project 6001b) – Authorization to Execute Amendment No. 1 to Cooperative Agreement No. 90.60.02 with the California Department of Transportation (Caltrans) to Provide Phase 4 Oversight Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Cooperative Agreement No. 90.60.02 with Caltrans to provide Phase 4 oversight services, which includes project development of the Plans, Specifications and Estimate, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.

7. Planning Committee ‐ Consent:

A. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for July – September 2022 Recommendation: This is an informational item only; no staff recommendation at this time.

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

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B. Approval of Fiscal Year (FY) 2022‐23 Transportation Fund for Clean Air (TFCA) Projects that Meet the Bay Area Air Quality Management District’s (BAAQMD) Cost Effectiveness Criteria
Recommendation: Staff seeks approval of Resolution 22‐29‐G, which approves the FY 2022‐23 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.

C. Approval of Resolution 22‐14‐G (Rev 1) to Reflect Additional Funding Available for Allocation to the Transportation Fund for Clean Air (TFCA) Program and Correct a Mathematical Error in the Original Allocation
Recommendation: Staff seeks approval of Resolution 22‐14‐G (Rev 1) to correct a mathematical error plus add additional TFCA program funding totaling $95,982 and distribute that funding using the approved allocation formula to each of the four sub‐regions.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. Connected Vehicle and Autonomous Vehicle Program – Program Status Update on GoMentum Station and Authorization to Form an Ad Hoc Committee for GoMentum Station
Recommendation: Staff will provide an update on the progress of GoMentum Station improvements, along with addressing any question that may arise.

Additionally, staff seeks approval of the establishment of an Ad Hoc Committee to review existing management policies and procedures, recommend modificationsto the management structure, and pursue future funding opportunities for GoMentum Station.

ACTION: Commissioner Gerringer moved to approve the establishment of an Ad Hoc Committee to review existing management policies and procedures, appoint Vice Chair Glover and Commissioners Arnerich and Noack to serve on the Ad Hoc Committee, recommend modifications to the management structure, and pursue future funding opportunities for GoMentum Station, seconded by Commissioner White. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None

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

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DISCUSSION: Jack Hall, Engineering Manager, introduced the item and Matt Alfano, Vice President of Mobility Innovation with AAA Northern California, Nevada, and Utah.

Mr. Alfano discussed the utilization of GoMentum Station by partners including the total monthly and zones reservations, and capital investments including new test zones, installation of solar powered generator and battery systems, Level 3 DC fast chargers, signals to create a Vehicle to Infrastructure Lab, and additional vehicle storage and office space, among others that are in process or planned for 2023 and 2024.

Commissioners provided comments.

Commissioner Hudson arrived at 6:03 PM, Rep. Alt. Peeples arrived on behalf of Rep. Powers at 6:04 PM, and Vice Chair Glover arrived at 6:06 PM.

9. Planning Committee ‐ Regular:

A. NEW ITEM: Authorization to Execute Agreement No. 623 with Contra Costa County for $1,400,000 of Measure X Funds to Support Implementation of Elements of the Accessible Transportation Strategic Plan
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 623 for the Authority to receive $1.4 million in Measure X funding through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐ income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) establishment of a Coordinating Entity.

ACTION: Commissioner Mitchoff moved to authorize the Chairto execute Agreement No. 623 forthe Authority to receive $1.4 million in Measure X funding through July 31, 2023, and that the funds be used to support: 1) user‐side subsidies for low‐income seniors and people with disabilities; 2) the One‐Seat Ride Pilot Program; 3) One‐Call/One‐Click Information and Referral Program; and 4) establishment of a Coordinating Entity, seconded by Vice Chair Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Peter Engel, Director, Programs provided a brief update of the Accessible Transportation Strategic Plan (ATSP) implementation and Measure X funding. He announced that the Contra Costa County Board of Supervisors approved the Memorandum of Understanding (MOU) at their meeting the prior day. He provided an update from the ATSP Task Force meetings and that there will be a discussion on the potential structure for the Coordinating Entity, which was

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

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proposed to be a hybrid model with the Authority and a non‐profit. He further announced that the MOU was revised to update Tasks 3 and 4 in the Scope‐of‐Work.

Commissioners provided comments.

10. CORRESPONDENCE AND COMMUNICATIONS

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the special meeting on August 4, 2022, and regular meetings on September 8, 2022 and October 13, 2022 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meetings on September 8, 2022 and October 13, 2022 (Meeting handout if available) C. Southwest County (SWAT): Meeting Report for the special meeting on September 12, 2022 and Notice of Cancellation for the meeting on October 3,2022 D. West County (WCCTAC): Meeting Report for the regular meeting on September 23, 2022 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Kelley discussed Unity Day.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Noack announced that Bird started their electric scooter program this week in the City of Pleasant Hill.

Commissioner Arnerich announced that he attended the Automated Driving System demonstration with Nissan and Authority staff at the Alliance Innovation Lab Silicon Valley in Santa Clara. Commissioner Arnerich announced that Bird is also starting an electric scooter program in the Town of Danville and City of Walnut Creek.

Commissioner Butt discussed his trip to Japan and the advancement of their trains and transportation system, as well as their accommodations for pedestrians with disabilities.

Commissioner Hudson announced that Bird is starting an electric scooter and bike

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

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program in the City of San Ramon.

Rep. Worth announced that Executive Director Therese McMillen with the Metropolitan Transportation Commission (MTC) will be retiring at the end of the year. Ms. Worth announced that MTC adopted the update to the Transit Oriented Communities Policy and thanked staff for theirinput.

Commissioner Mitchoff left at 6:29PM.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, announced that sales tax revenues continue to grow, discussed the regional roundtable infrastructure listening session, and the SIP‐ADUS conference in Japan where he presented on Nissan’s cooperative connected mobility. He also announced that the GoMentum Station tours will be resuming and requested the jurisdictions’ calendar of eventsso the Authority can provide outreach at these events. Lastly, he provided an update on the MEGAgrant.

13. CALENDAR
A. October, November, and December 2022, and January2023 B. Calendar of Upcoming Events

14. ADJOURNMENT to the next regular meeting proposed for November 1, 2022 at 8:00 AM.

DISCUSSION: The meeting was adjourned at 6:47 PM.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) Authority Board STAFF REPORT
Meeting Date: November 16, 2022
Subject Accept Monthly Accounts Payable Invoice Report for September 2022
Summary of Issues The accompanying report provides a listing of invoices paid in alphabetical order by vendor or payee name for the month of September 2022.

Recommendations Staff seeks acceptance of the monthly accounts payable invoice report for September 2022.

Staff Contact Brian Kelleher
Financial Implications None
Options None
Attachments A. Monthly Accounts Payable Invoice Report for September 2022
Changes from Committee N/A
Background
The Authority policy calls for a monthly report to be submitted to the Executive Director, the Administration and Projects Committee, and the Authority Board providing detail of invoices paid. The report includes a listing of all invoices paid during the month of September 2022 in alphabetical order by vendor or payee name. The report also includes reimbursements for employee travel, training, and other miscellaneous business expenses in accordance with the Authority’s policies. Any inquiries related to this report can be directed to the Authority’s Finance Department at (925) 256-4733.

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Attachment: CCTA Executive Summary and Board Meeting Minutes for October 19, 2022 (TRANSPAC Update) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: October 13, 2022
MEMBERS PRESENT: Loella Haskew, Walnut Creek (Chair); Peter Cloven, Clayton (Vice Chair); Tim McGallian, Concord; Mark
Ross, Martinez; Sue Noack, Pleasant Hill; Karen
Mitchoff, Contra Costa County
PLANNING COMMISSIONERS PRESENT: John Mercurio, Concord; Diana Vavrek, Pleasant Hill
STAFF PRESENT: Andy Smith, Walnut Creek; Melody Reebs, County Connection; Celestine Do, BART; John Cunningham,
Contra Costa County; Saravana Suthanthira,
Concord; Matt Todd, TRANSPAC Managing
Director; and Tiffany Gephart, TRANSPAC Clerk

GUESTS/PRESENTERS: Stephanie Hu, CCTA; Joy Bhattacharya, AMG; Frank Furger, AMG
MINUTES PREPARED BY: Tiffany Gephart

1. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Haskew called the meeting to order at 9:00 A.M. Introductions followed.

2. Public Comments
There were no comments from the public.

3. Consent Agenda
a. Minutes of the August 4, 2022, September 1, 2022 and September 29, 2022 Meetings.

Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest.
b. CCTA Executive Director’s Report Regarding CCTA Actions/Discussion Items c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest
d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Countywide Information Links f. Continue use of Teleconferencing for Public Meetings by the TRANSPAC Board and Subcommittees Pursuant to the Provisions of AB 361. Approve the proclamation of a local emergency, ratify the proclamation of a State of

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Attachment: Transpac Committee Meeting Summary Minutes for October 13, 2022 (TRANSPAC Update) Emergency, and authorize the continuation of conducting remote teleconference meetings of the legislative bodies of TRANSPAC for the period through November 12, 2022, pursuant to the Brown Act provisions under AB 361.
g. TRANSPAC Committee Appointments – CCTA TCC Appointment for the Term Ending March 31, 2023. Appoint Lynne Filson, representing Martinez to fill the vacant alternate position on the TCC for the term ending March 31, 2023.

On motion by Commissioner Noack seconded by Commissioner Mitchoff to approve the consent agenda, except item A, by unanimous vote of the members present (Haskew, Cloven, Mitchoff, Ross, McGallian, Noack).

There was a request by Planning Commissioner John Mercurio to amend the August 4, 2022 minutes. Mr. Mercurio submitted the following clarification to item 4, Central County Action Plan Update, line 6, regarding the Contra Costa Water Districts Plan to pipe the Contra Costa Canal along the trail thereby creating new space for [inserted text] “the trail occupying the space under the bridges” and in the next sentence [deleted text] “a wider right of way” and [inserted text] “trail improvements”.

On a motion by Commissioner Noack, Seconded by Commissioner Cloven to amend the minutes as requested by unanimous vote of members present. (Haskew, Cloven, Mitchoff, Ross, McGallian, Noack).

End Consent Agenda

4. DYNAMIC PERSONAL MICRO TRANSIT FEASIBILITY STUDY
Matt Todd introduced the item. Stephanie Hu provided some background on the feasibility study and introduced Joy Bhattacharya’s presentation.

Ms. Hu noted that staff presented the findings of the study to City Councils in East County and received support for the project. She further noted that CCTA conducted industry outreach in February, 2022 to learn of potential developers to implement the project and determine if it is financially feasible. Ms. Hu further noted that in July, CCTA and Tri-Delta entered an MOU which defined roles and responsibilities for the project. The CCTA Board authorized staff to release an RFP to select a developer team and Ms. Hu described the proposed high-level components of the RFP.

Commissioner Haskew asked how people access the system. Ms. Hu commented that an app, for example, would allow users to hail a ride or alternatively by accessing a kiosk and the user would ideally only travel a short distance to connect to DPMT. Commissioner Haskew further

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Attachment: Transpac Committee Meeting Summary Minutes for October 13, 2022 (TRANSPAC Update) asked how accessibility is addressed for Seniors and People with Disabilities. Ms. Hu noted that the service may not be accessible to everyone, but the goal is for the stations to be both walkable and bikeable.

Commissioner Haskew noted that new commuters connecting to BART, which is already congested, via DPMT can potentially overload the system and asked how this will be addressed.

Mr. Bhattacharya noted that BART is supportive of DPMT and there have been discussions regarding capacity. Mr. Bhattacharya noted that reducing headways is one option.

Commissioner Haskew commented that there could be long queues at BART as DPMT users are arriving at the same time and how that will be handled. Mr. Bhattacharya commented that the loading area will be designed based on expected ridership demand such as accommodating more vehicles. Commissioner Haskew further asked about how the DPMT vehicles will avoid piling up at BART as users access the stations and how those cars will be cleared out and if they will sit at BART until another user hails a ride. Mr. Bhattacharya noted that the distribution of the vehicles is automated, and vehicles will disperse throughout network rather than pooling in one area so that users will have vehicles nearby when users hail a ride, and the wait times will be reduced.

John Mercurio asked about the estimated speed in which the vehicles travel and the estimated maximum wait time for users. Mr. Bhattacharya noted the average speed is 31 miles per hour and the wait time at each location will be less than 2 minutes. Mr. Bhattacharya also noted that the wait times could be higher depending on how large the network is.

5. TRANSPAC CCTA REPRESENTATIVE REPORTS.

Commissioner Noack commented that the CCTA Board is discussing creating an Ad Hoc committee to discuss the ongoing lease for GoMentum station which will expire in the next two years.

6. TAC ORAL REPORTS BY JURISDICTION
No member comments.

7. BOARDMEMBER COMMENTS
Commissioner Noack commented that an Electric Scooter Program has started in Pleasant Hill.

Commissioner Cloven thanked CCTA and Mr. Todd for attending the Clayton City Council and discussing Marsh Creek Road as a potential route of regional significance.

8. MANAGING DIRECTOR’S REPORT
Mr. Todd commented there was a good discussion about the Action Plan at the Clayton City Council meeting as Commissioner Cloven alluded to. Mr. Todd further noted that a letter of

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Attachment: Transpac Committee Meeting Summary Minutes for October 13, 2022 (TRANSPAC Update) support was submitted on behalf of TRANSPAC for the East Bay Regional Parks District Bay Trail project in the Martinez area. Mr. Todd further noted a site visit will happen Friday (October 14, 2022) and he will attend as a representative of TRANSPAC.

9. ADJOURN / NEXT MEETING The meeting adjourned at 9:43 A.M. The next meeting will be on November 10, 2022 at 9:00 A.M.

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Attachment: Transpac Committee Meeting Summary Minutes for October 13, 2022 (TRANSPAC Update)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: REAFFIRM RESOLUTION NO. 33-22 APPROVING CONTINUED

TELECONFERENCED, HYBRID OR IN-PERSON MEETINGS OF ALL

CITY LEGISLATIVE BODIES PURSUANT TO THE PROVISIONS OF
AB 361

SYNOPSIS
On September 15, 2021, the Governor signed into law AB 361, an urgency measure which allows for the continuation of teleconferenced meetings without complying with the teleconferencing requirements imposed by the Brown Act. The measure requires that the findings allowing for teleconferenced meetings are affirmed every 30 days. On November 7, 2022, the City Council reaffirmed Resolution No. 33-22 (adopted May 2, 2022) allowing for teleconferenced, in-person, or hybrid (a blend of remote and in-person participants) public meetings of the City’s legislative bodies from November 12, 2022 through December 12, 2022. Staff recommends the City Council reaffirm the resolution for the next 30-day period.

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

On May 2, 2022, the City Council adopted Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all legislative bodies pursuant to the provisions of AB 361.

The City Council has continuously reaffirmed that resolution.

9.3 Packet Pg. 42
Analysis
In order to continue teleconferenced or hybrid meetings, the Council must reconsider the factors above every 30 days, and adopt specified findings that the facts relied upon still exist.

The State of California is still under an emergency declaration regarding COVID-19, and as of the publishing of the agenda packet that contains this report, State health officials continue to recommend holding online meetings, or if meeting in person, social distancing1, to help stop the spread of the virus. Although the County rescinded any and all active COVID-19-related health orders on October 21, 2022, the October 4, 2022 Contra Costa Health Services Recommendations for Safely Holding Public Meetings (attached) are still applicable.

The State of California emergency declaration regarding COVID-19 remains in effect, and State and local health officials continue to encourage online public meetings as online meetings present the lowest risk of transmission of COVID-19. If meeting in-person, social distancing is recommended to help reduce the transmission of COVID-19.

The last reaffirmation of Resolution No. 33-22 expires on December 12, 2022. Staff therefore recommends the City Council reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings of all City legislative bodies from December 13, 2022 through January 11, 2023 pursuant to the provisions of AB 361.

The City will continue to monitor State and local recommendations and guidelines and update the findings every 30 days, in compliance with AB 361.

FISCAL IMPACT
None

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

RECOMMENDED CITY COUNCIL ACTION
Reaffirm Resolution No. 33-22 allowing for in-person, hybrid, or fully teleconferenced meetings

1 There are still references to social distancing in state materials including: the Frequently Asked Questions (“FAQs”) for Medi-Cal beneficiaries located at https://www.dhcs.ca.gov/Pages/COVID-19-Vaccines.aspx updated June 13, 2022; the guidance on additional vaccine doses for persons who are immunocompromised located at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/ThirdVaccineDoseQandA.aspx updated June 23, 2022; and the FAQ’s to Cal-OSHA’s Emergency Temporary Standards located at https://www.dir.ca.gov/dosh/coronavirus/covid19faqs.html#training updated November 8, 2022.

9.3 Packet Pg. 43
of all legislative bodies pursuant to the provisions of AB 361.

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

ATTACHMENT(S):

Resolution No. 33-22
Recommendations for Safely Holding Public Meetings (October 4, 2022) Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager

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RESOLUTION NO. 33-22

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

ALLOWING FOR IN-PERSON, HYBRID TELECONFERENCED, OR FULLY

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

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

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

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

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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 12/13/22-1/11/22) made available and if it is, approximately how many members of the public may be accommodated.

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

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

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

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

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

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

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

AYES: Carlson, Flaherty, Noack, Rinn, Harris
NOES: None
ABSENT: None
ABSTAIN: None
MICHAEL G. HARRIS, OD, Mayor
ATTEST:

DANIELLE K. HABR, City Clerk

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Attachment: Resolution No. 33-22 (Teleconferenced, Hybrid or In-person Meetings 12/13/22-1/11/22) Recommendations for safely holding public meetings
Each local government agency is authorized to determine whether to hold public meetings in person, on-line (teleconferencing only), or via a combination of methods. The following are recommendations from the Contra Costa County Health Officer to minimize the risk of COVID-19 transmission during a public meeting.

1. Online meetings (i.e. teleconferencing meetings) are encouraged, where practical, as these meetings present the lowest risk of transmission of SARS CoV-2, the virus that causes COVID 19. This is particularly important when community prevalence rates are high. Our current trends as of October 4, 2022 in Covid-19 case rate, test positivity, Covid-19 hospitalizations, and COVID-19 wastewater surveillance are decreasing, but community transmission, as noted in CDC community transmission map, remains high. In addition to this, the predominant variant of COVID-19 being identified continues to be the Omicron variant and it’s subvariants the impact of which on the spread of COVID-19 has shown to dramatically increase COVID-19 transmission.

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

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

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

5. Consider holding public meetings outdoors. Increasing scientific consensus is that outdoor airflow reduces the risk of COVID-19 transmission compared to indoor spaces. Hosting events outdoors also may make it easier to space staff and members of the public at least 6 feet apart. If unable to host outdoors, consider ways to increase ventilation and flow of the indoor space to reduce the risk of COVID-19 while indoors.

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

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

Revised 10-4-2022
Sefanit Mekuria, MD, MPH
Deputy Health Officer, Contra Costa County

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Attachment: Recommendations for Safely Holding Public Meetings (October 4, 2022) (Teleconferenced, Hybrid or In-person Meetings 12/13/22-

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___- 22 AUTHORIZING THE
APPROPRIATION OF $150,000 FROM FUND 20 CAPITAL

PROJECT/BUILDING FUND FOR THE CONSTRUCTION OF THE

CITY FACILITIES TECHNOLOGY UPGRADES PROJECT

SYNOPSIS
The City Facilities Technology Upgrades Project provides user-friendly technology to facilitate hybrid meetings in our Community Rooms, City Hall, Police Department and Public Services Center conference rooms.

The purpose of this item is for the City Council to authorize an appropriation of $150,000 from Fund 20 Capital Project/Building Fund for the construction of the project. The Budget Committee reviewed staff’s proposal at its meeting of November 30, 2022 and approved forwarding a recommendation to the City Council to approve the funding for the project as proposed.

DISCUSSION
Background
The Governor’s declaration of emergency that allowed the use of teleconferencing rules under AB 361, is set to expire on February 28, 2023. At that time, new Brown Act Legislation, (AB 2449, effective January 1, 2023) will codify the requirements of AB361, add new requirements and keep old requirements for teleconferencing public meetings. The practical effect of the new legislation is that all public meetings will need to be noticed as hybrid meetings as of March 1, 2023. It will therefore require that City Hall facilities where public meetings are held will need to be equipped with the technology to facilitate hybrid public meetings for the City’s Boards, Commissions and Committees.

The City Facilities Technology Upgrades Project will provide user-friendly technology to facilitate hybrid meetings in our Community Rooms, City Hall, Police Department, and Public Services Center Conference rooms. Staff worked with Avidex Industries, LLC, a nationally recognized leader in the Audio/Video industry, to provide preliminary designs and cost estimates to enable all conference rooms throughout the City to hold hybrid meeting. This includes new displays that are appropriate for the size of each conference room, cameras that can isolate each

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speaker in the room, and speakers and microphones that will produce clear and crisp audio. In addition, the design includes an intuitive interface that allows any user to start a teleconference meeting with a touch of a button.

Analysis
Avidex Industries has completed previous technology upgrade projects, and based on their expertise, staff anticipates a do not exceed cost of $150,000 to complete the project work and requests the project be funded from the Capital Project/Building Fund (Fund 20). This includes both community rooms and five other conference rooms at City Hall, three conference rooms at the Police Department, and one conference room at the Public Service Center. Staff has confirmed with the Finance Department that there are sufficient funds in Fund 20 to complete the project work.

The Budget Committee has reviewed staff’s request for an appropriation of $150,000 from Fund 20 to complete the project and recommends the City Council approve the funding as proposed in the resolution.

FISCAL IMPACT
The projects costs are to be funded using Fund 20, the Capital Project/Building Fund.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution approving the funding as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ann James, Maintenance Superintendent
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING THE APPROPRIATION OF $150,000 FROM
CAPITAL PROJECT/BUILDING FUND (FUND 20) FOR THE CONSTRUCTION OF THE

CITY FACILITIES TECHNOLOGY UPGRADES PROJECT
WHEREAS, THE Governor’s declaration of emergency that allowed the use of teleconferencing rules under AB361 is set to expire on February 28, 2023; and WHEREAS, New Brown Act Legislation (AB2449, effective January 1, 2023) will codify the requirements of AB361, add new requirements, and keep old requirements for teleconferencing of public meetings; and
WHEREAS, on March 1, 2023 all public meetings will need to be noticed as hybrid meetings; and
WHEREAS, all City Hall facilities where public meetings are held will need to be equipped with the technology to facilitate hybrid public meetings.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that an appropriation of $150,000 from Fund 20 Capital Project/Building Fund is authorized for the construction of the City Facilities Technology Upgrades Project.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. NAVARRO, City Clerk

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Attachment: Proposed Resolution (City Facilities Technology Upgrades Project)

PROJECT/BUILDING FUND FOR THE CONSTRUCTION OF THE

PUBLIC SERVICES CENTER UNDERGROUND STORAGE TANKS

ANNULAR SENSORS UPGRADES PROJECT

SYNOPSIS
The Public Services Center (PSC) Underground Storage Tanks (UST) Annular Sensors Upgrades Project provides for the removal and replacement of the annular space sensor system that services the diesel and unleaded fuel tanks at the Public Services Center.

The purpose of this item is for the City Council to authorize an appropriation of $70,000 from Fund 20 for the construction of the project. The Budget Committee reviewed staff’s proposal at its meeting of November 30, 2022 and approved forwarding a recommendation to the City Council to approve the funding for the project as proposed.

DISCUSSION
Background
There are two Underground Storage Tanks (UST) located at the Public Services Center (PSC), an 8,000 gallon unleaded fuel tank, and a 2,500 gallon diesel fuel tank. Both tanks, installed in 1985, are double walled fiberglass tanks, with a continuous electronic annual space test monitoring system.

In July 2002, the City entered into an agreement with the Pleasant Hill Recreation and Park District regarding the PSC, which includes provisions regarding the lease, maintenance and ownership of improvements, and cost sharing arrangements. Section 8, Improvements and Alterations of the agreement requires the Recreation and Park District contribute 35% of the total cost of the improvement.

In October 2022, during the annual inspection with Contra Costa County Health Services Hazardous Materials Program, it was discovered that the annular space sensor that services the diesel tank was damaged, and needed to be replaced. Staff determined that although our test

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monitoring system still meets current safety code, the system is obsolete by today’s industry standard, and obtaining replacement parts has become difficult. Staff was successful in finding a replacement sensor, and our UST passed our 2022 annual inspection, however due to the scarcity of replacement parts, staff recommends replacing the testing system for both UST’s with an upgraded model.

The City hired Petro Analytical, a company who specializes in UST repairs and replacements, to assist staff in the selection process for the new annual space test monitoring system compatible with our existing UST’s and piping.

Analysis
Petro Analytical has completed a thorough evaluation of the diesel and unleaded UST’s and are recommending the existing annual space monitoring system be replaced with a Veeder-Root monitoring system which will be compatible with both tanks. The scope of work also includes all necessary permits and testing required to obtain the Monitoring System Certification for the new system.

Petro Analytical has completed previous annual space replacement projects in the past. Based on these project costs, staff anticipates a do not exceed cost of $70,000 to complete the Public Services Center (PSC) Underground Storage Tanks (UST) Annular Sensors Upgrades Project and requests the project be funded from the Capital Project/Building Fund (Fund 20). Staff has confirmed with the Finance Department that there are sufficient funds in Fund 20 to complete the project.

The Recreation and Park District has been notified and has agreed to reimburse the City 35% of the total cost of the project.

The Budget Committee reviewed staff’s request for an appropriation of $70,000 from Fund 20 to complete the project, and recommends the City Council approve the funding as proposed in the resolution.

FISCAL IMPACT
The project costs are to be funded using Fund 20, Building Capital Fund. The Recreation and Park District will reimburse the City 35% of the total project cost.

RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution approving the funding as recommended by the Budget Committee.

9.5 Packet Pg. 52

ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Ann James, Maintenance Superintendent
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AUTHORIZING THE APPROPRIATION OF $70,000 FROM
CAPITAL PROJECT/BUILDING FUND (FUND 20) FOR THE CONSTRUCTION OF THE

PUBLIC SERVICES CENTER UNDERGROUND STORAGE TANKS ANNULAR SENSORS

UPGRADE PROJECT
WHEREAS, the diesel and unleaded underground storage tanks located at the Public Services Center, originally constructed in 1985, are double walled fiberglass tanks with a continuous electronic annular space test monitoring system; and WHEREAS, the existing electronic annular space test monitoring system has become obsolete by today’s standard, and replacement parts are no longer commercially available; and WHEREAS, the underground storage tanks cannot operate without a functioning annular space test monitoring system; and
WHEREAS, the underground storage tank system will benefit from a new annular space monitoring system to ensure continued use of the system.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that an appropriation of $70,000 from Fund 20 Capital Project/Building Fund is authorized for the construction of the Public Services Center Underground Storage Tanks Annular Sensors Upgrade Project.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 5
th day of December 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. NAVARRO, City Clerk

9.5.a
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Attachment: Proposed Resolution (PSC UST Annular Sensors Upgrades Project)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 AMENDING THE BUDGET FOR THE

PEDESTRIAN AND BICYCLE PROGRAM TO INCORPORATE NEW

LOCAL ROADWAY SAFETY PLAN GRANT FUNDING

SYNOPSIS
The State Department of Transportation (Caltrans) has awarded a Local Roadway Safety Plan (LRSP) grant to the City of Pleasant Hill. The LRSP grant requires a local match. The purpose of this item is to amend the FY 2022/27 Capital Improvement Plan (CIP) budget for the Pedestrian and Bicycle Program (MK-3) to incorporate the local match, expense, and grant reimbursement. The Budget Committee reviewed this budget amendment on November 30, 2022 and approved forwarding a recommendation to the City Council to approve the budget allocations.

DISCUSSION
Background
On August 17, 2022, Caltrans awarded an LRSP grant of $80,000 to the City of Pleasant Hill.

Caltrans will reimburse the City up to $72,000 or a maximum of 90% of the grant amount. The City is required to contribute a local match amount of up to $8,000 or a minimum of 10% of the grant amount.

The LRSP is a citywide, data-driven, traffic safety plan. The process of preparing an LRSP creates a framework to systematically identify and analyze safety problems and recommend improvements. Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that are consistent with California’s Strategic Highway Safety Plan (SHSP). The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

The State Department of Transportation (Caltrans) requires each local agency to adopt an LRSP in order to apply for Highway Safety Improvement Program (HSIP) funds.

The Budget Committee reviewed this budget amendment on November 30, 2022, and approved forwarding a recommendation to the City Council to approve the budget allocations.

9.6 Packet Pg. 55
Analysis
Since the LRSP project is not itemized in the current Capital Improvement Plan, staff has identified the need to appropriate an additional $8,000 from Measure K funds to the Pedestrian and Bicycle Program (MK-3) for FY 2022/23 to cover staff time and consultant charges. The revised Pedestrian and Bicycle Program budget sheet (MK-3R) (attached) reflects the new local match, expense and grant reimbursement.

FISCAL IMPACT
The LRSP project will be funded by the revised FY 2022/2023 Pedestrian and Bicycle Program (MK-3R) as outlined below:
 Total project budget $80,000
 Grant reimbursement $72,000
 Local match $8,000
There are adequate funds remaining in the Measure K Fund, which will need to be transferred to the Gas Tax Fund to cover the additional local match of $8,000.

RECOMMENDED CITY COUNCIL ACTION
Adopt a resolution amending the budget for the Pedestrian and Bicycle Program to incorporate new Local Roadway Safety Plan grant funding as recommended by the Budget Committee.

ALTERNATIVES TO RECOMMENDED ACTION
Not recommended.

ATTACHMENT(S):

Proposed Resolution
Pedestrian and Bicycle Program (MK-3R) Revised Budget Sheet Prepared by: Deirdre Castillo, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

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RESOLUTION NO. -22

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

AMENDING THE BUDGET FOR THE PEDESTRIAN AND BICYCLE PROGRAM TO

INCORPORATE NEW LOCAL ROADWAY SAFETY PLAN GRANT FUNDING WHEREAS, the City has adopted the FY 2022/27 Capital Improvement Plan, which includes the Pedestrian and Bicycle Program as a funded program; and WHEREAS, the City has secured $80,000 in State Local Roadway Safety Plan (LRSP) grant funds for preliminary engineering; and
WHEREAS, the LRSP is a citywide traffic safety plan that identifies and analyzes safety problems, and recommends improvements and actions that are consistent with California’s Strategic Highway Safety Plan and the City’s Pedestrian and Bicycle Program; and WHEREAS, the LRSP grant requires a local match of up to $8,000 or a minimum of 10% of the grant amount, which is not itemized in the current Capital Improvement Plan; and WHEREAS, the LRSP project will be funded by the revised FY 2022/2023 Pedestrian and Bicycle Program (MK-3R).

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

1. The revised Pedestrian and Bicycle Program budget shall be increased by $80,000.

2. An allocation of an additional $8,000 in available Measure K funds is authorized by the City Council to cover the local match requirement.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 5
th day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

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

DANIELLE K. NAVARRO, City Clerk

9.6.a
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Attachment: Proposed Resolution (Local Roadway Safety Grant Funding Budget) CITY OF PLEASANT HILL CAPITAL IMPROVEMENT PLAN FY 2022/2027 PROJECT: PEDESTRIAN AND BICYCLE PROGRAMPROJECT PROPOSED BY: Engineering Division PROJECT MANAGER: Engineering Division PROJECT CLASSIFICATION: Major Improvement Programs PROJECT LOCATION: Varies PROJECT BEGIN: July 2022 PROJECT COMPLETE: June 2027 Account 12 -5579 (579) PROJECT STATUS NEW X CONTINUING PROJECT SCOPE OF SERVICES FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS (1190) Design $312,300 $75,000 $75,000 $75,000 $75,000 $612,300(0100) Eng Staff $80,000 $22,000 $22,000 $22,000 $22,000 $168,000 IS A CONCEPTUAL (4225) Project Admin. $10,000 $5,000 $5,000 $5,000 $5,000 $30,000 PLAN AVAILABLE X YES NO(1390) Construction $1,717,000 $356,500 $361,750 $385,750 $415,000 $3,236,000(1190) LRSP Design** $80,000(1145) C. Management $104,000 $10,000 $10,000 $10,000 $10,000 $144,000 LEAD AGENCY X CITY OTHERTOTAL $2,303,300 $468,500 $473,750 $497,750 $527,000 $4,190,300 FUNDING SOURCE FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS PROJECT TRAFFIC Measure K Fund $501,600 $338,500 $373,750 $397,750 $427,000 $2,038,600 SAFETY PRIORITY X CRITICAL N/A CASE BY TDA Grant $152,800 $152,800 CASE BASISLRSP Grant** $72,000Measure K Fund (LRSP)** $8,000Gas Tax (Fund 12) $100,000 $100,000 $100,000 $100,000 $400,000 IS RIGHT OF WAY Measure J (Fund 27) $30,000 $30,000 REQUIRED YES NO X NOT Traffic Mitigation $521,700 $521,700 EXPECTEDOther* $1,047,200 $1,047,200 MAINTENANCE TOTAL $2,303,300 $468,500 $473,750 $497,750 $527,000 $4,190,300 COST IMPACT X INCREASE N/A DECREASE MAINTENANCE IMPACT: FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS New traffic signal and sidewalks will result in an increase in maintenance cost. **Revised on 11/29/22 to refelct the LRSP revenue and expenditure PROJECT BENEFIT: Design and construct access and safety improvements for pedestrians and cyclists along public roadways.NOTES: *FY 22-23 will include additional re-budgeting of $1,047,200 from unspent budget in FY 2021-22. PROJECT PROJECT DESCRIPTION:This program funds the installation of new pedestrian and bicycle improvements at high prirotiy areas in the City. The objective of the program is to make our streets safer for pedestrians and bicyclists. The program targets areas adjacent to schools and senior care facilities as a priority.The project is based on the City's first bicycle and pedestrian master plan, which will help assess the needs of bicyclists and pedestrians in the City. The master plan identifies a citywide network of bikeways, pedestrian routes, and education programs, and it will also suggest various bicycle and pedestrian related improvements (for future implementation) and potential implementation strategies that will encourage more residents to walk and bike in the City. A draft Master Plan document will be scheduled for review by the Planning Commission before it is approved by City Council concurrently with the City's General Plan Update. See attached 5-year project plan for project priorities.The City's current backlog of new sidewalk and bike improvements within the City is estimated to be $25 million per the 2021 Final Bicycle & Pedestrian Master Plan.

MK-3R

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Attachment: MK-3R Revised Budget Sheet (Local Roadway Safety Grant Funding Budget)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: UPDATE ON THE CITY'S $500,000 SMALL BUSINESS ECONOMIC

STIMULUS INITIATIVE FUNDED BY THE AMERICAN RESCUE PLAN
ACT

SYNOPSIS
This report is an update on the $500,000 Small Business Economic Stimulus Initiative approved by the City Council with funds from the federal American Rescue Plan Act (ARPA).

DISCUSSION
The City of Pleasant Hill has received a total allocation of $8.3 million from ARPA. Roughly half of the funds were received in July 2021, and the second half was received in July 2022.

Eligible costs must be incurred between March 3, 2021 and December 31, 2026 as long as they are obligated by December 31, 2024.

On September 22, 2021, the Budget Committee recommended that Council allocate $500,000 in ARPA funding to assist the City’s businesses. On November 1, 2021, the City Council approved the allocation (Resolution No. 68-21), appropriating $500,000 in ARPA funds for business grants and other programs (“Small Business Economic Stimulus Initiative”).

Between November 2021 and November 2022, the Economic Development Committee held ten meetings to review several potential business support programs to comprise the Small Business Economic Stimulus Initiative. The table below summarizes the expenses already incurred for the Perk’s e-gift card program as well as expenditures contemplated for future programs.

ARPA SMALL BUSINESS ECONOMIC STIMULUS INITIATIVE
Pleasant Hill Perks
Program presented to City Council on
January 10, 2022. Funds spent February -
October 2022 $86,708
Social Media & Website Technical
Assistance Grant Program Presented to the ED Committee 9/13/2022 $75,000 Opportunity Sites Map Presented to the ED Committee 10/19/2022 $5,000 East Bay Jewish Film Festival Pending ED Committee Review $2,000 $168,708

10.1 Packet Pg. 59
Pleasant Hill Perks
The Pleasant Hill Perks e-gift card program successfully concluded on October 17, 2022 with a total of 2,698 Perks e-gift cards ranging from $5 to $100 purchased, totaling $189,770. To date, 2,310 of the e-gift cards have been redeemed, totaling $151,476 that has been spent at the 51 participating businesses.

Early next year, the Economic Development Committee will review and consider a Phase 2 relaunch of the Perks program sometime in 2023.

Economic Development Opportunity Sites Map
The Economic Development Element of the draft General Plan Update includes a recommendation to create an “Opportunity Site Map to illustrate key development opportunities” in the City. In order to fund the creation of this map, the Economic Development Committee supports an allocation of up to $5,000 from the ARPA Small Business Economic Stimulus Program. Prospective developers, brokers, and business owners wishing to invest in the City could utilize the Opportunity Site Map, which would include key undeveloped parcels as well as available spaces for lease.

Social Media and Website Technical Assistance Grant Program Staff has worked with the Economic Development Committee to developed a Social Media and Website Technical Assistance grant program that would provide grants of up to $5,000 to assist retail stores, restaurants, and personal care services to enhance their technical capacity across several categories, including:
 Online purchasing and pick-up/delivery functionality.  Social Media set-up and strategy (Facebook, Instagram, Yelp, Google Maps).  Email listserv and survey set-up and strategy.
 Business profile videos and/or professional photos that can be uploaded onto business websites and used for marketing on social media.

In order to be eligible, businesses will be required to be open to the public and have a business storefront. “Big-box” stores are not eligible. The City will publish an RFQ to identify and screen companies who could provide the eligible technical services so that merchants have a list of vendors that they can select from. Businesses will also have the option of hiring a company not on the City’s list. In order to be eligible for the grant reimbursement, businesses will be required to submit an application to the City and be pre-approved. If their application is approved, then the business would submit a request for reimbursement from the City once all eligible technical assistance has been completed.

Grants will be available on a first-come-first-serve basis and if the program is oversubscribed, staff will work with the Economic Development Committee to determine whether additional funds should be allocated to the program.

East Bay Jewish Film Festival
The organization that has organized the East Bay International Jewish Film Festival in Pleasant Hill for the past 27 years (25 years in-person and the past two years virtually) is bringing the festival back to the Pleasant Hill Century 16 movie theater from February 25th until March 2nd,

10.1 Packet Pg. 60
2023. The City has sponsored the event in the past and the festival organizers are asking for continued sponsorship in the amount of $2,000 in 2023.

FISCAL IMPACT
There is no fiscal impact to the City’s General Fund; the $500,000 has been appropriated by the City Council from federal ARPA funds passed through the State to the City.

RECOMMENDED CITY COUNCIL ACTION
Receive update on the City’s ARPA Small Business Economic Stimulus Program.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to receive the Small Business Economic Stimulus Program update on the ARPA Small Business Economic Stimulus Program. Staff does not recommend this option.

Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

10.1 Packet Pg. 61

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE AND ADOPT URGENCY ORDINANCE NO. ___ AMENDING SECTION 18.20.095 OF THE

PLEASANT HILL MUNICIPAL CODE RELATED TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA

SYNOPSIS
The proposed Urgency Ordinance will amend Section 18.20.095 of the Pleasant Hill Municipal Code to impose new limits on local authority to regulate Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) in compliance with the provisions of Government Code sections 65852.2 and 65852.22, as amended by recently approved legislation that will take effect on January 1, 2023.

DISCUSSION
Background
In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”).

Among other things, these New Amendments:
 Require the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending the situation;
 Require the City’s front setback to yield for certain ADUs and when other locations on the property are not feasible to allow an 800-square-foot ADU;  Require the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and  Remove the automatic repeal in 2025 (the ADU statute is now permanent).

10.2 Packet Pg. 62
SB 897 takes effect January 1, 2023. If the City’s ADU ordinance does not comply with requirements of SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no local regulation except for the few requirements in the state ADU law itself.

Analysis
The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and could negatively impact property values, personal privacy, and fire safety.

The attached proposed Urgency Ordinance includes changes to the Pleasant Hill Municipal Code, Section 18.20.095, substantially in the form attached.

The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a non-urgency ordinance that will be considered for approval by the Planning Commission before returning to the City Council for consideration and adoption.

Environmental Review
Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

FISCAL IMPACT
This Ordinance is a City initiative to comply with state law, and all associated staff and processing costs will be covered under the General Fund.

10.2 Packet Pg. 63
agenda and staff report are posted on the City’s web page.

RECOMMENDED CITY COUNCIL ACTION
Adopt an urgency ordinance amending Section 18.20.095 of the Pleasant Hill Municipal Code relating to Accessory Dwelling Units and Junior Accessory Dwelling Units, and determine the ordinance to be exempt from CEQA.

ALTERNATIVES TO RECOMMENDED ACTION

1. Decline to adopt the urgency ordinance – this will render the City’s current ADU ordinance null and void as of January 1, 2023, and the City will be limited to applying only those standards set forth in the state law.

ATTACHMENT(S):

A. Proposed Urgency Ordinance, including Exhibit A (amendments in underline and strikethrough)
Prepared by: Janet Coleson, City Attorney and Troy Fujimoto, City Planner Reviewed by: Ethan Bindernagel, Assistant City Manager and Community Development Director Approved by: June Catalano, City Manager

10.2 Packet Pg. 64
1 ORDINANCE NO. ______

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING SECTION 18.20.095 OF THE PLEASANT HILL MUNICIPAL CODE

RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA
WHEREAS, the City of Pleasant Hill, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law, a new bill (SB 897) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

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

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 2 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.

Section 2. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

Section 3. Section 18.20.095 of the Pleasant Hill Municipal Code is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by reference (deletions shown in strikethrough and additions shown in underline).

Section 4. This ordinance takes effect immediately upon its adoption.

Section 5. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it or a summary of it to be posted in the three places designated by resolution of the City Council.

Section 6. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

Section 7. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

The foregoing ordinance was passed, approved, and adopted at a meeting of the City Council on the 5
th day of December, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
______ _____
DANIELLE K. NAVARRO, City Clerk

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 3 EXHIBIT A

18.20.095 Accessory dwelling units.

A. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22.

B. Effect of conforming. An ADU or JADU that conforms to the standards in this section will not be:

1. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in subsection C.7 of this section. This does not prevent the city from enforcing compliance with applicable building standards in accordance with California Health and Safety Code section 17980.12.

C. Definitions. As used in this section, terms are defined as follows:

1. Accessory dwelling unit or ADU means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code section 18007.

2. Accessory structure means a structure that is accessory and incidental to a dwelling located on the same lot.

3. Complete independent living facilities means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

4. Efficiency kitchen means a kitchen that includes each of the following:
a. A cooking facility with appliances.
b. A food preparation counter or counters that total at least 15 square feet in area. c. Food storage cabinets that total at least 30 square feet of shelf space.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 4 5. Junior accessory dwelling unit or JADU means a residential unit that satisfies all of the following:
a. Is no more than 500 square feet in size;
b. Is contained entirely within an existing or proposed single-family structure (an enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure);
c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
ed. Includes an efficiency kitchen, as defined in subsection C.4 of this section.

6. Living area means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. Nonconforming zoning condition means a physical improvement on a property that does not conform with current zoning standards.

8. Passageway means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. Proposed dwelling means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. Public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. Tandem parking means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another, such that the front vehicle may not be retrieved without the rear vehicle being moved.

D. Approvals. The following approvals apply to ADUs and JADUs under this section:

1. Building permit only. If an ADU or JADU complies with each of the general requirements in subsection E of this section, it is allowed with only a building permit in the following scenarios:
a. Converted on single-family lot. One ADU and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
i. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
ii. Has exterior access that is independent of that for the single-family dwelling; and

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 5 iii. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
iv. The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited detached on single-family lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.1.a of this section), if the detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. ii. The total floor area is 800 square feet or smaller. iii. The peak height above grade is 16 feet or less does not exceed the applicable height limit in subsection E.2. below.
c. Converted on multifamily lot. One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.1.c, at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units. d. Limited detached on multifamily lot. No more than two detached ADUs on a lot that has an existing or proposed multifamily dwelling if each detached ADU satisfies the following limitations:
i. The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. ii. The peak height above grade is 16 feet or less does not exceed the applicable height limit in subsection E.2. below.

2. ADU permit.
a. Except as allowed under subsection D.1 of this section, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E and F of this section.
b. The city may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the city’s ADU ordinance. The ADU permit processing fee is determined by the zoning administrator and approved by the city council by resolution.

3. Process and timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The city must act on approve or deny an application to create an ADU or JADU within 60 days from the date that the city receives a completed application. If the city

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 6 does not act upon has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
i. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay; or
ii. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the city may delay acting on the permit application for the ADU or JADU until the city acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
c. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.3.b. above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU requirements. The following requirements apply to all ADUs and JADUs that are approved under subsection D.1 or D.2 of this section:

1. Zoning.
a. An ADU or JADU subject only to a building permit under subsection D.1 of this section may be created on a lot in a residential or mixed-use zone. b. An ADU or JADU subject to an ADU permit under subsection D.2 of this section may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

2. Height.
a. Except as otherwise provided by subsections E.2.b. and E.2.c. below, a detached ADU created on a lot with an existing or proposed single-family or multifamily dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single-family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
c. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling,

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 7 whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.2.d. may not exceed two stories.
e. For purposes of this section E.2., height is measured above existing grade to the peak of the structure.

23. Fire sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

34. Rental term. No ADU or JADU may be rented for a term that is shorter than 30 days.

45. No separate conveyance. An ADU or JADU may be rented, but no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

56. Septic system. If the ADU or JADU will connect to an on-site water-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

67. Owner occupancy.
a. All ADUs created before January 1, 2025, are not An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to owner-occupancy requirements.
b. All Unless applicable law requires otherwise, all ADUs that are created on or after January 1, 2025, are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence.
c. All As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement of this subsection does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

78. Deed restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the county recorder’s office and a copy filed with the administrator. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the city and must provide that:
a. The ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 8 c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the zoning administrator, providing evidence that the ADU or JADU has in fact been eliminated. The zoning administrator may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the zoning administrator’s determination consistent with other provisions of this code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this code.
e. The deed restriction is enforceable by the zoning administrator or his or her designee for the benefit of the city. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the city is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

89. Income reporting. In order to facilitate the city’s obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 65852.2, each buildingpermit application must include an estimate of the projected annualized rent that will be charged for the ADU or JADU.

10. Building and safety.
a. Must comply with building code. Subject to subsection E.10.b. below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or a code enforcement officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b. prevents the city from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific ADU requirements. The following requirements apply only to ADUs that require an ADU permit under subsection D.2 of this section:

1. Maximum size.
a. The maximum size of a detached or attached ADU subject to this subsection is 1,200 square feet and up to two bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. c. Application of other development standards in this subsection, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 9 coverage, front setback, landscaping or open-space requirements may require the ADU to be less than 800 square feet.

2. Setbacks. ADUs subject to this subsection shall comply with the following setbacks, subject to subsection F.1.c of this section. Setbacks are measured from property lines or vehicular easements, whichever is applicable.
a. Attached and detached ADUs.
i. Front yard setbacks.

1. Single-family residential zoning district R-20 – 25 feet;

2. Single-family residential zoning districts PUD/PPD, R-15, R-10, R-10A, R-7, R-6 – 20 feet;

3. Multiple-family residential zoning district MRH – 20 feet;

4. Multiple-family residential zoning district PUD/PPD, MRM, MRL, MRVL – 15 feet.
ii. Side and rear yard setbacks. All single- and multiple-family zoning districts – four feet.
iii. No setback is required for an ADU that is subject to this subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Floor area ratio (FAR). No ADU subject to this subsection F may cause the total FAR of the lot to exceed 40% in single-family zoning districts with no limitation in multifamily zoning districts, subject to subsection F.1.c of this section.

4. Lot coverage. No ADU subject to this subsection F may cause the total lot coverage to exceed the limitations as noted below, except as noted in subsection F.1.c of this section:
a. Single-family residential zoning districts R-20, R-15 – 25% maximum lot coverage; b. Single-family residential zoning districts R-10 – 30% maximum lot coverage; c. Single-family residential zoning districts PUD/PPD, R-10A, R-7, R-6 – 35% maximum lot coverage;
d. Multiple-family residential zoning districts PUD/PPD, MRVL, MRL, MRM, MRH – 40% maximum lot coverage.

5. Minimum open space. No ADU subject to this subsection F may cause the project to be less than the following open space provisions for multifamily zoning districts noted below, subject to subsection F.1.c of this section:
a. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 10 i. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.
ii. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas or area required for front or corner side yards.

6. Landscaping. No ADUs in single-family or multifamily residential zoning districts subject to this subsection F may cause the total landscaping of the lot to be less than as noted below, subject to subsection F.1.c of this section:
a. Single-family residential zoning districts (including PUD and PPD single family residential).
i. 50% of the front yard setback (yard) area is to be landscaped. b. Multiple-family residential zoning districts.
i. Multiple-family residential zoning districts MRVL and MRL – 35% landscaping; ii. Multiple-family residential zoning district MRM – 30% landscaping; iii. Multiple-family residential zoning districts PUD/PPD, MRH – 25% landscaping.

7. Height.
a. An attached or detached ADU may not exceed 16 feet in height above grade, measured to the peak of the structure.

87. Passageway. No passageway, as defined by subsection C.8 of this section, is required for an ADU.

98. Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection C.11 of this section. The size of the off-street parking necessary for the ADU shall be eight and one-half feet wide by 19 feet deep (if enclosed the space shall be 10 feet wide by 22 feet deep, with a nine-foot-wide door opening) with a 10-foot-wide paved vehicular access from/to the public right-of-way and shall be surfaced with concrete or two inches of asphalt concrete over six inches of aggregate base.
b. Exceptions. No parking under subsection F.98.a of this section is required in the following situations:
i. The ADU is located within one-half mile walking distance of public transit, as defined in subsection C.10 of this section.
ii. The ADU is located within an architecturally and historically significant historic district.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 11 iii. The ADU is part of the proposed or existing primary residence or an existing accessory structure under subsection D.1.a of this section. iv. When on-street parking permits are required but not offered to the occupant of the ADU.
v. When there is an established car share vehicle stop located within one block of the ADU.
vi. When the permit application to create an ADU is submitted with an application to create a new single-family or multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections F.8.b.i through v. above.
c. No replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
109. Architectural requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. b. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
c. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance shall not be on the same side of the primary dwelling entrance, unless this entrance is screened from public views. d. The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. 1110. Screening.
a. Evergreen landscape or fence screening must be planted or installed and maintained between the ADU and adjacent parcels as follows:
i. For a single-story ground-level ADU, at least one 15-gallon size evergreen tree that is six feet tall at the time of installation shall be provided for every 10 linear feet of exterior wall or a solid fence of at least six feet in height may be installed. ii. Landscaping must be drought-tolerant.
1211. Historical protections. The following requirements apply to ADUs on or within 600 feet of real property that is listed in the California Register of Historic Resources: the architectural treatment of an ADU to be constructed on a lot that has an identified historical resource listed on the federal, state, or local register of historic places must comply with all applicable ministerial requirements imposed by the Secretary of the Interior and be located so as to not be visible from any public right-of-way.

G. Fees.

1. Impact fees.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units) 12 a. No impact fee is required for an ADU that is less than 750 square feet in size. b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the primary dwelling, divided by the floor area of the ADU, times the typical fee amount charged for a new dwelling). Impact fee here does not include any connection fee or capacity charge for water or sewer service.

2. Waiving of fees. The city shall waive fees for ADUs in the following manner:
a. Building and planning permit fees shall be waived if the ADU is deed-restricted for 55 years at the low-income affordable level.
b. Building, planning and traffic mitigation fees shall be waived if the ADU is deedrestricted for 55 years at the very low-income affordable level.

H. Nonconforming zoning code conditions, building code violations, and unpermitted structures.

1. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018 due to either of the following:
i. The ADU violates applicable building standards, or
ii. The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance.
b. Exceptions.
i. Notwithstanding subsection H.2.a. above, the city may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the city makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure. ii. Subsection H.2.a. above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

HI. Nonconforming ADUs and discretionary approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in subsections A through G of this section may be allowed by the city with a conditional use permit, in accordance with the other provisions of this title.

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Attachment: Attachment A - Proposed Urgency Ordinance, including Exhibit A (Urgency Ordinance Accessory Dwelling Units)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: INTRODUCE ORDINANCE NO. ___ REPEALING SECTION 18.50.170, “ELECTRIC VEHICLE CHARGING STATIONS,” OF TITLE 18 OF THE

PLEASANT HILL MUNICIPAL CODE AND ADDING A NEW CHAPTER

14.75, “ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED
PERMITTING”

SYNOPSIS
Assembly Bill 1236 (AB 1236), adopted by the State legislature on October 8, 2015, requires cities to adopt an ordinance to expedite permit processing for applicants looking to install electric vehicle charging stations.

AB 1236 was adopted to limit the restrictions that cities and counties could impose on applicants installing electric vehicle charging stations, to achieve timely and cost-effective installation of electric vehicle charging stations, which has been deemed by the legislature to be a matter of statewide concern.

Assembly Bill 970 (AB 970), adopted by the State legislature on October 8, 2021, sets forth certain timing obligations applicable to cities when fulfilling their function of processing electric vehicle charging station permits.

This ordinance follows the mandates set forth in AB 1236 and would streamline processing of applications for electric charging stations throughout the City. In addition, the relevant members of staff are confirming in connection with adoption of this ordinance that they are prepared to implement the appropriate timeline for permit processing as required by AB 970.

DISCUSSION
AB 1236 is part of the State’s efforts to modernize and facilitate the installation of electric vehicle charging stations throughout the State. In furtherance of this goal, the State is requiring that cities and counties throughout the State adopt ordinances setting forth guidelines to facilitate expedited review and processing for electric vehicle charging stations.

The attached ordinance complies with the requirements set forth in AB 1236 by requiring that the City administratively approve applications that comply with the City’s “Expedited EV Permit

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& Checklist” and limit review to whether the installation would comply with safety and performance standards.

In addition, AB 970 requires an application to install an electric vehicle charging station to be deemed complete if, either 5 business days or 10 business days after the application was submitted, depending on the number of electric vehicle charging stations proposed in the application, the city has not deemed the application to be incomplete or issued a written correction notice detailing all deficiencies in the application. Then, AB 970 requires an application to install an electric vehicle charging station to be deemed approved if 20 business days or 40 business days after the application was deemed complete, depending on the number of electric vehicle charging stations proposed in the application, (1) the city has not approved the application, (2) the building official has not made a finding that the proposed installation could have an adverse impact upon the public health or safety or required the applicant to apply for a use permit, (3) the building official has not denied the permit, and (4) an appeal has not been made to the planning commission of the city. Members of the City Building Department are aware of these timing requirements and are prepared to comply with them in connection with the adoption of this Ordinance and all electric vehicle permitting laws.

FISCAL IMPACT
The fiscal impacts related to this ordinance depend on the number of applications that the City receives. Nonetheless, because the ordinance is designed to streamline permit processing, the costs associated with processing each application would be reduced.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council introduce an Ordinance of the City Council of the City of Pleasant Hill Repealing Section 18.50.170, “Electric Vehicle Charging Stations,” of Title 18 of the Pleasant Hill Municipal Code and Adding a New Chapter 14.75, “Electric Vehicle Charging Systems; Streamlined Permitting,” to the Pleasant Hill Municipal Code, Relating to an Expedited, Streamlined Permitting Process for Electric Vehicle Charging Stations.

ALTERNATIVES TO RECOMMENDED CITY COUNCIL ACTION
None; AB 1236 requires the City to adopt an ordinance pertaining to electric vehicle charging stations.

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ATTACHMENT(S):

Proposed Ordinance
Permitting Checklist and Permit Application for Electric Vehicle Service Equipment Public Hearing Notice
Presented by: Geoff Simmons, Chief Building Official
Approved by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager

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1 ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REPEALING SECTION 18.50.170, “ELECTRIC VEHICLE CHARGING STATIONS,” OF TITLE 18 OF THE PLEASANT HILL MUNICIPAL CODE AND ADDING A NEW CHAPTER 14.75, “ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED PERMITTING,” TO THE PLEASANT HILL MUNICIPAL CODE, RELATING TO AN

EXPEDITED, STREAMLINED PERMITTING PROCESS FOR ELECTRIC VEHICLE

CHARGING STATIONS
WHEREAS, the City of Pleasant Hill, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the California Constitution, Article XI, Section 7, provides cities and counties with the authority to enact ordinances to protect the health, safety, welfare, and morals of their citizens; and
WHEREAS, the State of California has adopted Assembly Bill 1236, which requires local agencies to adopt an ordinance that creates an expedited and streamlined permitting process for electric vehicle charging stations, and AB 970, which requires such permitting applications to be deemed complete, and subsequently deemed approved, at a certain point after submission if the City has not taken certain specified actions with respect to the applications; and WHEREAS, creation of an expedited, streamlined permitting process for electric vehicle charging stations would facilitate convenient charging of electric vehicles and help reduce the City’s reliance on environmentally damaging fossil fuels; and WHEREAS, the City wishes to amend its Municipal Code to meet these State law requirements and to facilitate convenient charging of electric vehicles.

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

SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.

SECTION 2. Section 18.15.170 Repealed. Section 18.15.170 of the Pleasant Hill Municipal Code, entitled “Electric Vehicle Charging Stations,” is hereby repealed in its entirety.

SECTION 3. Chapter 14.75 Added to City’s Municipal Code. A new Chapter 14.75, entitled “Electric Vehicle Charging Systems; Streamlined Permitting” is hereby added to Title 14 of the Pleasant Hill Municipal Code, to read in full as follows:
“CHAPTER 14.75 ELECTRIC VEHICLE CHARGING SYSTEMS;

STREAMLINED PERMITTING

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Attachment: AB 1236 Electric Vehicle Charging Ordinance (Ordinance Electric Vehicle Charging Systems) 2 Sections:

14.75.010 Purpose

14.75.020 Definitions

14.75.030 Electrical Vehicle Charging Station Requirements

14.75.040 Expedited Permitting Process

14.75.050 Permit Application Process

14.75.060 Permit Review; Timing

14.75.010 – Purpose
The purpose of this section is to create an expedited and streamlined electric vehicle charging station permitting process that complies with Cal. Government Code § 65850.7 to achieve the timely and cost-effective installation of electric vehicle charging stations. Pursuant to Cal.

Gov't Code § 65850.7 and notwithstanding any other provision of this code pertaining to conditional or accessory uses, only an electrical permit shall be required for an electric vehicle charging station.

14.75.020 – Definitions
A. “A feasible method to satisfactorily mitigate or avoid the specific, adverse impact” includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit.

B. “Building Official” means the chief building official of the City or his or her designee.

C. “Electric vehicle charging station” or “charging station” means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, and any subsequent amendments thereto, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle.

D. “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

E. “Electronic submittal” means the utilization of one or more of the following:
a. Email
b. The Internet
c. Facsimile

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Attachment: AB 1236 Electric Vehicle Charging Ordinance (Ordinance Electric Vehicle Charging Systems) 3 14.75.030 – Electrical Vehicle Charging Station Requirements A. The electric vehicle charging station shall meet the applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories, and rules of the Public Utilities Commission and the local electric utility company regarding safety and reliability.

B. Installation of electric vehicle charging stations and associated wiring, bonding, disconnecting means and overcurrent protective devices shall meet the requirements of Article 625 and all applicable provisions of the California Electrical Code.

C. Installation of electric vehicle charging stations shall be incorporated into the load calculations of all new or existing electrical services and shall meet the requirements of the California Electrical Code. Electric vehicle charging equipment shall be considered a continuous load.

D. Anchorage of either floor-mounted or wall-mounted electric vehicle charging stations shall meet the requirements of the California Building or Residential Code as applicable per occupancy, and the provisions of the manufacturer’s installation instructions.

Mounting of charging stations shall not adversely affect building elements.

14.75.040 – Expedited Permitting Process
Consistent with Government Code section 65850.7, the Building Official shall implement an expedited, streamlined permitting process for electric vehicle charging stations and adopt a checklist of all requirements with which electric vehicle charging stations shall comply with in order to be eligible for expedited review. The expedited, streamlined permitting process and checklist may refer to the recommendations contained in the most current version of the “Plug-In Electric Vehicle Infrastructure Permitting Checklist” of the “Zero-Emission Vehicles in California: Community Readiness Guidebook” as published by the Governor’s Office of Planning and Research. The City’s adopted checklist shall be published on the City’s website.

14.75.050 – Permit Application Process
A. Prior to submitting an application for processing, the applicant shall verify that the installation of an electric vehicle charging station will not have specific, adverse impact to public health and safety and building occupants. Verification by the applicant includes but is not limited to: electrical system capacity and loads; electrical system wiring, bonding and overcurrent protection; building infrastructure affected by charging station equipment and associated conduits; and areas of charging station equipment and vehicle parking.

B. A permit application that satisfies the information requirements in the City’s adopted checklist shall be deemed complete and be promptly processed. A completed application

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Attachment: AB 1236 Electric Vehicle Charging Ordinance (Ordinance Electric Vehicle Charging Systems) 4 does not authorize an applicant to energize or utilize the electric vehicle charging station until approval and all necessary permits are granted by the City.

C. If the Building Official determines that the permit application is incomplete, he or she shall issue a written correction notice to the applicant, detailing all deficiencies in the application and any additional information required to be eligible for expedited permit issuance.

D. The Building Official shall allow for electronic submittal of permit applications covered by this chapter and associated supporting documentations. In accepting such permit applications, the Building Official shall also accept electronic signatures on all forms, applications, and other documentation in lieu of a wet signature by any applicant.

14.75.060 – Permit Review; Timing
A. The Building Official shall review all electric vehicle charging station applications. Notwithstanding the expedited permit processing set forth in this chapter, the Building Official retains authority at all times to identify and address higher priority life-safety situations.

B. If the Building Official makes a finding based on substantial evidence that the electric vehicle charging station could have a specific, adverse impact upon the public health or safety, the City may require the applicant to apply for a conditional use permit. The Building Official’s decision may be appealed by the applicant to the Planning Commission.

C. An application for a conditional use permit to install an electric vehicle charging station shall not be denied unless the Planning Commission makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives. If denied, the Planning Commission’s decision may be appealed by the applicant to the City Council.

D. In the technical review of a charging station application, the Building Official shall not condition the approval of any electric vehicle charging station permit on the approval of such a system by an association, as that term is defined by Civil Code Section 4080.

E. Upon confirmation by the Building Official that the permit application and supporting documents meet the requirements of the City adopted checklist, and is consistent with all applicable laws and health and safety standards, the Building Official shall, consistent with Government Code Section 65850.7, as may be amended, approve the application and issue all necessary permits.

SECTION 3. CEQA. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of this ordinance is

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Attachment: AB 1236 Electric Vehicle Charging Ordinance (Ordinance Electric Vehicle Charging Systems) 5 not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Specifically, this Ordinance only establishes a streamlined process for electric vehicle charging station permits and merely authorizes administrative activities which will not result in a direct or reasonably foreseeable indirect physical change in the environment.

Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 5. Publication/Effective Date. This Ordinance shall take effect thirty (30) days after its adoption and. Within fifteen days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the four three places designated by resolution of the City Council, or otherwise publish the Ordinance as required by law.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 5
th day of December, 2022.

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

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
MICHAEL G. HARRIS, OD, Mayor
ATTEST:
______________________________________
DANIELLE K. NAVARRO, City Clerk

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Attachment: AB 1236 Electric Vehicle Charging Ordinance (Ordinance Electric Vehicle Charging Systems) This checklist is provided to determine if your application is eligible for expedited EVCS processing.

If any item is checked NO, revise design, otherwise application must go through standard review process.

Type of Charging Station(s) Proposed
Power Levels (proposed circuit rating)
Check one
Power Levels (proposed circuit rating) Check one
Level 1 110/120 volt alternating current (VAC) at 15 or 20 Amps Level 2 – 3.3 kilowatt (kW) (low) 208/240 VAC at 20 or 30 Amps Level 2 – 6.6kW (medium) 208/240 VAC at 40 Amps
Level 2 – 9.6kW (high) 208/240 VAC at 50 Amps
Level 2 – 19.2kW (highest) 208/240 VAC at 100 Amps
Other (provide detail): Provide rating:

PERMIT APPLICATION Yes No
A. Is the application complete with the following information: Project address, parcel #, builder/owner name, contractor name, valid contractor’slicense #, phone numbers, etc.? B. Does the application include EVCS manufacturer's specs and installation guidelines? ELECTRIC LOAD CALCULATION WORKSHEET Yes No
A. Is an electrical load calculation worksheet included? (CEC 220) B. Based on the load calculation worksheet, is a new electrical service panel upgrade required? 1) If yes, do plans include the electrical service panel upgrade? C. Is the charging circuit appropriately sized for a continuousload? (125%) D. If charging equipment proposed is a Level 2 – 9.6 kW station with a circuit rating of 50 Amps or higher, is a completed circuit card with electrical calculations included with the single line diagram? SITE PLAN & SINGLE LINE DRAWING Yes No
A. Is a site plan and electrical plan with a single‐line diagram included with the permit application? 1) If mechanical ventilation requirements are triggered for indoor venting requirements (CEC 625.15 (C)), is a mechanical plan included with the permit application? B. Is the site plan fully dimensioned and drawn to scale? 1) Showing location, size, and use of all structures
2) Showing location of electrical panel to charging system 3) Showing type of charging system and mounting
COMPLIANCE WITH 2019 CALIFORNIA ELECTRICAL CODE (TITLE 24, PART 3) Yes No A. Doesthe plan include EVCS manufacturer's specs and installation guidelines? B. Does the electrical plan identify the amperage and location of existing electrical service panel? 1) If yes, does the existing panel schedule show room for additional breakers? C. Is the charging unit rated more than 60 amps or more than 150V to ground? 1) If yes, are disconnecting means provided in a readily accessible location in line of site and within 50’ of EVCS? (CEC 625.43)
D. Does the charging equipment have a Nationally Recognized Testing Laboratory (NRTL) approved listing mark? (UL 2202/UL 2200)
E. If trenching is required, is the trenching detail called out? 1) Is the trenching in compliance with electrical feeder requirements from structure to structure? (CEC 225)
2) Is the trenching in compliance of minimum cover requirements for wiring methods or circuits? (18” for direct burial per CEC 300)

RESIDENTIAL
Eligibility Checklist for Expedited EVCS

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Attachment: EV Charging Checklist (Ordinance Electric Vehicle Charging Systems)

CITY OF PLEASANT HILL

NOTICE OF PUBLIC HEARING

PROPOSED AMENDMENT TO THE PLEASANT HILL MUNICIPALCODE
REPEALING SECTION 18.50.170 “ELECTRIC VEHICLE CHARGING
STATIONS,”AND ADDING A NEW CHAPTER 14.75 “ELECTRIC VEHICLE CHARGING SYSTEMS; STREAMLINED PERMITTING,” RELATING TO

AN EXPEDITED, STREAMLINED PERMITTING PROCESS FOR

ELECTRIC VEHICLE CHARGING STATIONS
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council, will hold a public hearing to repeal section 18.50.170 “Electric Vehicle Charging Stations,” of Title 18 Planning and Land Use, and adding a new Chapter 14.75 “Electric Vehicle Charging Systems; Streamlined Permitting,” to the Pleasant Hill Municipal Code, relating to an expedited, streamlined permitting process for Electric Vehicle Charging Stations.

Pursuant to Section 15061(b)(3) of the Guidelines for the Implementa- tion of the California Environmental Quality Act (CEQA), as amended, the lead agency has determined that the proposed activity is exempt from environmental review. The City as the lead agency has deter- mined with certainty that the proposed adoption will not havea signifi- cant effect on the environment.

The City Council will holda public hearing starting at 7:00 p.m. on Mon- day, December 5, 2022, in the City Council chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at that time.

NOTICEIS ALSO GIVEN pursuantto Government Code Section 65009(B) that, if this matter is subsequently challenged in Court by you or oth- ers, you may be limited to raising only those issues you or someone else has raised ata Public Hearing described inthis notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.

Copies of the primary and secondary codes being considered for adop- tion are on file with the City Clerk and are open to public inspection.

For information on this matter, please call or email Geoff Simmons, Chief Building Official at (925) 671-5214 or gsimmons@pleasanthillca. org
CCT 6711993; Nov. 23, 30, 2022

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Attachment: Notice of Public Hearing (Ordinance Electric Vehicle Charging Systems)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-22 ACCEPTING BID AND AWARD A

CONSTRUCTION CONTRACT FOR THE DIABLO VISTA WATER
SYSTEM, 12” MAIN REHABILITATION PHASE II PROJECT NO. PSC02-22 AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE

CONSTRUCTION CONTRACT WITH PAULSON COX
CONSTRUCTION, INC.

SYNOPSIS
The Diablo Vista Water System 12” Main Rehabilitation Phase II Project No. PSC-02-22 will improve water service reliability and continued operations of the existing Diablo Vista Water System. The purpose of this item is to consider the acceptance of the lowest responsive, responsible bid for the project and seek authorization for the City Manager to award the construction contract to Paulson Cox Construction, Inc.

DISCUSSION
Background
The City of Pleasant Hill (City) operates a non-potable water system, the Diablo Vista Water System (DVWS), which supplies irrigation raw water to approximately 475 homes within the City.

Water is supplied to the DVWS by a pump station which draws untreated water from a canal (operated by the Contra Costa Water District (CCWD)). There is approximately 2,000 linear feet of 12” water main that runs from the pump house next to the Contra Costa Canal to Roberta Avenue.

This section of water main is the main distribution line to the system. It is over 70 years old and has experienced more than 12 leaks due to pipe failure in past years which requires the entire system to be shut down to enact repairs. Replacement of the 12” main is needed in order to continue to provide reliable service to the system.

The DVWS 12” Main Rehabilitation Phase II Project is a City Project and is identified in the approved Capital Improvement Plan FY 2022 – 2027(CIP). In February 2017 the City entered into an agreement for Design Professional Services with Ruggeri-Jensen-Azar (RJA) for the Project.

The scope included the preparation of design level plans and specifications for the replacement of 2,000 linear feet of the 12” ductile iron water main from the pump house next to the Contra Costa Canal to Roberta Avenue. Staff and RJA worked closely with DVWS staff to complete the final design.

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For funding purposes, the project was broken into two separate phases. Phase I, completed in 2018, replaced approximately 1,275 linear feet of the 12” main, including all valves, laterals and appurtenances on Stevenson Drive, Byron Drive, and Marvin Drive along the existing right-ofway. Phase II will rehabilitate the remaining 725 linear feet of 12” main located within the Contra Costa Canal (United States Bureau of Reclamation (USBR)) right-of-way, and between Oakvue Road and Roberta Avenue by utilizing the “Open-Cut” and the “Cured-in-Place-Pipe” method. Staff has obtained the necessary permits from USBR and required easements with the private property owners at 83 Roberta Avenue to complete the work.

The Project Bid Schedule for this project listed four construction work scopes:

1. Base Bid - rehabilitate the 12” main between Oakvue and Roberta Avenue with Cured-in-Place Pipe( CIPP) and replace the existing main along Roberta Avenue by the “Open Cut” method

2. Alternate Bid 1 – remove and replace the existing 12” main by the “Open-Cut” method between the Diablo Vista Pump House (DVPH) and Stevenson Drive.

3. Alternate Bid 2 - rehabilitate the 12” Main between the DVPH and Stevenson Drive with CIPP.

4. Alternate Bid 3 - rehabilitate the 12” Main along Roberta Avenue with CIPP.

Environmental Review
The Zoning Administrator has determined the Diablo Vista Water System, 12” Main Rehabilitation Phase II, Project No. PSC-02-22 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15302 as a Class 2 categorical exemption.

Analysis
The Notice Inviting Bids was sent to the building exchanges on October 17, 2022 and the construction project was advertised in the newspaper on October 20, 2022. Bids were received and publicly read on Thursday, November 17, 2022 at 2:00 P.M. at the Public Services Center.

Four responsive bids were received. The following table summarizes the bid results with the low bid listed in bold.

Contractor Base Bid Price Alternate Bid 1 Alternate Bid 2 Alternate Bid 3 Paulson Cox, Inc. $445,825 $48,850 $161,600 $151,600
Golden Bay Construction $467,435 $67,150 $143,436 $142,910

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Kerex Engineering, Inc. $543,000 $198,500 $113,500 $158,500 Suulutaaq, Inc. $598,707 $86,650 $188,070 $165,451
Bidding rules require that the City Council award the construction contract to the lowest responsive, responsible base bidder.

Overall, the bid prices are reasonable and acceptable. The lowest base bid of $445,825 is $29,175 less than the Engineer’s Estimate of $475,000. Staff has reviewed all bid items and determined that Paulson Cox Construction, Inc. is the lowest responsive, responsible bidder.

Bid Alternates:

Given the favorable bid received for the base bid project work, staff is recommending the inclusion of Alternate Bid 1 to the scope of work. Project work for Alternate Bid 1 includes the replacement by the Open-Cut method of the 12” main from the DVPH located on the canal trail to Stevenson Drive. Bidding rules allow the City Council to add Alternate Bid 1 to the project at the time of award.

The costs for Alternative 2 and 3 are outside the overall project budget and are not recommended.

Staff contacted various city project references listed by the contractor for previous work on similar projects. Their references indicated that Paulson Cox Construction, Inc. has satisfactorily completed those projects, and that their workmanship and performance was satisfactory. Therefore, the Paulson Cox Construction, Inc. bid is acceptable. The base bid is $445,825. It is reasonable to include a construction contingency of fifteen (15) percent (or $66,873.75) bringing the total construction budget to $512,698.75.

FISCAL IMPACT
The proposed construction budget of $512,698.75 is funded by Fund 82 (Diablo Vista Water System) as identified in the 2022-2027 CIP. The Finance Department has confirmed that sufficient funds are available for the construction of this project.

RECOMMENDED CITY COUNCIL ACTION
Adopt Resolution.

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ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - Agreement
Prepared by: Ann James, Maintenance Superintendent
Approved by: June Catalano, City Manager

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RESOLUTION NO. ___-22

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

AWARDING A CONSTRUCTION CONTRACT FOR THE DIABLO VISTA WATER SYSTEM 12” MAIN REHABILITATION PHASE II PROJECTAND AUTHORIZING THE

CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH
PAULSON COX CONSTRUCTION, INC.

WHEREAS, the City has adopted the 2022-2027 Capital Improvement Plan which includes the Diablo Vista Water System 12” Main Rehabilitation Phase II Project as a funded project; and WHEREAS, the Diablo Vista Water System 12” Main Rehabilitation Phase II Project No.

PSC-02-22 provides for the rehabilitation of the existing 12” main located within the Contra Costa Canal (United States Bureau of Reclamation (USBR)) right-of-way, and between Oakvue Road and Roberta Avenue to improve the water service and operations of the existing system; and WHEREAS, the Diablo Vista Water System 12” Main Rehabilitation Phase II Project No.

PSC-02-22 is categorically exempt from environmental review under the California Environmental Quality Act pursuant to California Code of Regulations Title 14, Chapter 3, Section 15301 as a Class 1 categorical exemption (operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination) and Section 15302 as a Class 2 categorical exemption (replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced such as the replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity); and
WHEREAS, on November 17, 2022, at 2:00 p.m., Maintenance staff publicly opened and examined the sealed bids for the Diablo Vista Water System 12” Main Rehabilitation Phase II Project No. PSC-02-22; and
WHEREAS, the Maintenance Superintendent has determined that Paulson Cox Construction, Inc. is the lowest responsive, responsible bidder.

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

1. The Paulson Cox Construction Inc. bid of $445,825 is found to be the lowest responsible bid and is accepted by the City Council at the unit prices set forth in the bid. This bid is on file in the Maintenance Division and incorporated herein by this reference as though set forth in full.

2. The Paulson Cox Construction, Inc.’s Alternate “1” bid is accepted and will be performed by the contractor at the unit prices set forth in the bid.

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Attachment: Proposed Resolution (Award DVWS 12" Main Phase II Project)

3. Additional contingency funds in the amount of $66,873.75 are also authorized by the City Council at the unit prices set forth in Paulson Cox Construction Inc.’s bid.

4. The City Manager is authorized to execute a contract (Exhibit 1) with Paulson Cox Construction, Inc. for the Diablo Vista Water System 12” Main Rehabilitation Phase II Project No. PSC-02-22.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 5
th
day of December, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
______________________________
MICHAEL G. HARRIS, O.D., Mayor
ATTEST:
____________________________________
DANIELLE K. NAVARRO, City Clerk

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Attachment: Proposed Resolution (Award DVWS 12" Main Phase II Project)

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Attachment: Exhibit 1 - Agreement (Award DVWS 12" Main Phase II Project)

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Attachment: Exhibit 1 - Agreement (Award DVWS 12" Main Phase II Project)

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Attachment: Exhibit 1 - Agreement (Award DVWS 12" Main Phase II Project)

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Attachment: Exhibit 1 - Agreement (Award DVWS 12" Main Phase II Project)

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Attachment: Exhibit 1 - Agreement (Award DVWS 12" Main Phase II Project)

CITY COUNCIL STAFF REPORT
Meeting Date: December 05, 2022
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: DISCUSS THE METHOD TO FILL A VACANT CITY

COUNCILMEMBER POSITION

SYNOPSIS
In light of the resignation of an elected City Councilmember, the City Council must, within 60 days from the commencement of the vacancy, either appoint a successor to fill the vacancy until the certification of the November 5, 2024 General (Municipal) Election, or call a special election to fill the vacancy. The Mayor has asked that the City Council discuss the method of filling the vacant position and provide direction to staff on how and when to proceed.

DISCUSSION
Background
California city councilmembers obtain their seats through election. In order to stand for election, a candidate must be a resident and registered voter of Pleasant Hill. No other qualifications are required or may be added by the City Council.

In instances in which an elected councilmember’s post is vacated prior to the end of their term, Government Code § 36512(b) provides that:
“(b) If a vacancy occurs in an elective office provided for in this chapter, the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy.
(1) If the council calls a special election, the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent. (2) If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
(A) If the vacancy occurs in the first half of a term of office and at least 130 days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled 130 or more days after the date the council

11.1 Packet Pg. 98
is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.
(B) If the vacancy occurs in the first half of a term of office, but less than 130 days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.

Councilmember Carlson submitted his letter of resignation effective December 31, 2022, which falls in the second half of his term of office, making § 36512(b)(2)(B) applicable should the Council choose appointment over calling a special election. Thus, by March 1, 2023, the City Council must either (1) appoint an individual to fill the position, in which case the appointee must meet the criteria for election set out above, or (2) call for a special election to allow voters to select a new councilmember. If the Council chooses option “1,” the appointed individual shall hold office until the City certifies the November 5, 2024 General (Municipal) Election.

Analysis
Selection of replacement councilmember
The Mayor has requested the Council discuss its options to fill the vacant city council seat. Each option is discussed separately below.

Appointment. If the Council chooses to appoint a new councilmember, its choices are confined to those individuals who would be eligible to serve as an elected councilmember; that is, individuals who are electors (registered voters) in the City. If this method is chosen, staff recommends the Council direct staff to post and publish notice of the availability of the position and accept application materials from interested persons over a brief period before conducting interviews and making a selection. The application process is not mandated by law, and the Council is free to craft its own process.

If the Council wishes, it may select one of the appointment options below:

1. Interview all applicants (including other candidates on the November 8, 2022 ballot who apply) at a public meeting and select a person for appointment.

2. Assign the task of interviewing all applicants (including other candidates on the November 8, 2022 ballot who apply) to the Council’s Interview and Nominating Committee (“Committee”), and:
a. Set the desired number of candidates for which the Committee shall forward a recommendation to the full Council; and
b. b. Interview all candidates recommended by the Committee at a public meeting and select a person for appointment.

Use of the Committee would add an intermediary step for which careful planning would be required, given the tasks to be completed by the deadline.

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Election. Alternatively, instead of appointing an individual to complete the remainder of Councilmember Carlson’s term until the certification of the November 2024 election, the Council may call for the position to be filled by special election. This method would likewise only allow individuals to stand as candidates if they met the eligibility criteria. Selection of this option would mean the City would not have a new councilmember until certification of the November 7, 2023 special election (the next available date for a special election called in December 2022). At this time, the County does not have an election planned for November 7, 2023 so the estimated cost for the County to conduct a special stand-alone election for Pleasant Hill is $185,144 to $277,716 based on the number of registered Pleasant Hill voters as of November 21, 2022.

FISCAL IMPACT
If the Council decides to fill the vacant city councilmember position via appointment, costs would include minimal staff time and the costs of advertising the position. Should the Council decide to fill the current vacancy through a special election, Contra Costa County estimates a cost between $185,144 and $277,716 (based on the number of current registered voters) to provide election services.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends the City Council discuss the selection methods and provide direction to staff on how and when to proceed.

ALTERNATIVES TO RECOMMENDED ACTION
City councilmembers are essential officers of municipal government and a new one must be selected by law. The Council has a mandatory duty to choose to either appoint a new councilmember or call a special election for that purpose. No alternatives to this duty are available.

ATTACHMENT(S):

None
Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Approved by: June Catalano, City Manager

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Pleasant Hill City CouncilDecember 5, 2022

Pleasant Hill City Council
December 5, 2022