Agenda packet — Pleasant Hill City Council, May 1, 2023

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
MAY 1, 2023
REGULAR MEETING – 7:00 PM
The meeting will be held both in person at
City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523
and remotely via Zoom in accordance with the Ralph M. Brown Act 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: 893 7486 2548
Passcode: 399456
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.

City Council Meeting Agenda Page 1 May 1, 2023
City Offices, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR TIMOTHY FLAHERTY COUNCILMEMBER SUE NOACK

VICE MAYOR MATTHEW RINN COUNCILMEMBER ZAC SHESS

COUNCILMEMBER ALLEN VINSON
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 May 1, 2023
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. 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 not be seen or heard until it is your turn to speak. You will be invited into the meeting and asked to speak when it is your turn.
b. Via Phone
Call (669) 900-6833 and enter the Zoom Meeting ID and Passcode. Press *9 to “raise your hand” to alert staff that you wish to speak.
c. In Person
Members of the public may attend the meeting in person and 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 Recorder.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please refer to the Providing Accessible Communication to the Public Under the Americans with Disabilities Act and AB 2449 document online at www.pleasanthillca.org/accessiblecommunications and contact the ADA Coordinator 48 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.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL

4. CLOSED SESSION REPORT
City Council Meeting Agenda Page 3 May 1, 2023

5. PRESENTATIONS

5.1 Proclamation Designating May as Building Safety Month

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

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: March 31, 2023; April 7, 2023; April 14, 2023; April 21, 2023

9.2 Approve Appointment Recommendations to the Civic Action Commission, Diversity Commission, Education Commission and Central Contra Costa Transit Authority (County Connection) Advisory Committee

9.3 Renewal of Ordinance No. 954 Approving All Specialized or Military Equipment Available for Use by the Pleasant Hill Police Department, per the Military Equipment Use Policy Required by CA Assembly Bill No. 481

9.4 Adopt Resolution No. ___-23 Authorizing the City Manager to Execute a Professional Services Agreement for FY 2023/24-2025/26 with RSG, Inc. for Financial and Administrative Services for the Redevelopment and Housing Successor Agencies

9.5 Adopt Resolution No. ___-23 Authorizing the City Manager to Notify the Pleasant Hill Chamber of Commerce that They are Released from the Requirement to Conduct and Submit to the City a Financial Audit of the Pleasant Hill Tourism Improvement District for the Period July 1, 2021 to March 30, 2022

9.6 Adopt Resolution No. ___-23 Approving a Second Amendment to the Agreement with Stay Pleasant Hill to Serve as the Owners' Association for the Pleasant Hill Tourism Improvement District and Authorizing the City Manager to Execute the Amendment City Council Meeting Agenda Page 4 May 1, 2023

10. ACTION CALENDAR

10.1 Adopt Resolution No. ____-23 Accepting Bid and Awarding a Construction Contract for the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23; and Authorizing the City Manager to Execute a Construction Contract with Kerex Engineering, Inc.

The Zoning Administrator has determined that the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23 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, or minor alteration of existing public facilities involving negligible or no expansion of use occurring within the City public right-of-way) in compliance with the Complete Streets Act of 2008.

10.2 Adopt Resolution No.___- 23 Authorizing an Increase of the BHM Construction, Inc. Purchase Order in the Amount of $743,616 (Previously Approved Scope) for the Pleasant Hill Library Project No. 06-20

10.3 Public Hearing to Consider Draft Maps and Composition of Districts for By-District Elections The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Conducting public hearings for public input regarding transitioning to by-district elections and discussing a schedule for future hearings meets the above criteria and is not subject to CEQA.

11. ADJOURNMENT
Next City Council Meeting: May 15, 2023

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: MARCH 31, 2023; APRIL 7, 2023; APRIL 14, 2023; APRIL 21, 2023

RECOMMENDED CITY COUNCIL ACTION
Approve the check register.

ATTACHMENT(S):

Check Register
Prepared by: Pam Chamberlin, Accounting Technician I
Approved by: Erick Cheung, Finance Manager

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100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org

MEMORANDUM
TO: City Councilmembers
FROM: Interview and Nominating Committee
Mayor Tim Flaherty, Councilmember Allen Vinson
DATE: May 1, 2023
SUBJECT: Approve Appointment Recommendations to the Civic Action Commission, Diversity Commission, Education Commission and Central Contra Costa Transit Authority (County Connection) Advisory Committee
The Interview and Nominating Committee recommends the following appointments and requests the City Council’s confirmation:

APPOINTMENTS TERMS/EXPIRATION DATES
Civic Action Commission
Anthony Garcia (reappointment) May 2023 through April 2027 Diversity Commission
Daniel Rodriguez Unfilled term through September 2023
Zhanna Thompson Correction of appointment to complete unfilled term through September 2025
Lloyd Schine New term through September 2027
Education Commission
Lindsey Dohlman (reappointment) May 2023 through April 2027 Recommendation to Central Contra Costa
Transit Authority (County Connection)
Advisory Committee to Ratify Appointment
Andrei Obolenskiy May 2023 through April 2025

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CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: RENEWAL OF ORDINANCE NO. 954 APPROVING ALL SPECIALIZED

OR MILITARY EQUIPMENT AVAILABLE FOR USE BY THE

PLEASANT HILL POLICE DEPARTMENT, PER THE MILITARY
EQUIPMENT USE POLICY REQUIRED BY CA ASSEMBLY BILL NO.
481

SYNOPSIS
The Military Equipment Use ordinance and policy authorized in March of 2022 established guidelines for the acquisition, funding, use and reporting of special or “military equipment,” as the term is defined in Government Code section 7070 within the City of Pleasant Hill. The ordinance and policy fulfilled the obligations set forth in Assembly Bill No. 481. These obligations include, but are not limited to, seeking annual approval on specific items deemed to be military equipment and requirements related to compliance, cataloging, and accepting complaints regarding these items.

DISCUSSION
Background
In September of 2021, the California State Legislature passed Assembly Bill 481 titled, “Law enforcement and state agencies: military equipment: funding, acquisition, and use.” The Bill was approved by Governor Newsom on September 30, 2021, and amended California Government Codes §7070 – 7075, effective January 1, 2022. As amended, California Government Code §7071(b) required that law enforcement agencies submit a proposed Military Equipment Use Policy to their governing body for approval. Once this policy is approved, annual approval of all specialized or military equipment available for use is required.

California Government Code §7070(d) describes a military equipment Use Policy as a publicly released, written document that includes, at a minimum, all of the following:

1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.

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2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.

3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.

4. The legal and procedural rules that govern each authorized use.

5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of Military Equipment to ensure the full protection of the public's welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.

6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.

7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.

Analysis
The Pleasant Hill Police Department (PHPD) received City Council approval in March, 2022 of City Ordinance 954 and Specialized or Military Equipment Use Policy (Exhibit A), in order to allow the department to continue to use the vital equipment specified therein. Many of the items deemed to be military equipment by AB 481 are standard law enforcement equipment utilized throughout the state and the country. These tools have been tested in the field, and are used by law enforcement agencies to enhance citizen and officer safety. Loss of these items would jeopardize the safety and welfare of citizens and police officers within the City of Pleasant Hill.

The term military equipment, as used in AB 481 does not necessarily indicate equipment that has been used by or obtained from the military. In fact, PHPD does not own any equipment obtained from the military. An exhaustive list of military equipment as defined in California Government Code § 7070(c) can be found in Exhibit C. Furthermore, no new specialized or military equipment will be purchased or obtained this year
These specialized or military items provide police officers with a greater ability to safely resolve volatile situations, which, without their use, otherwise might rise to the level of a lethal force encounter. To this end, the items at issue in the accompanying Specialized or Military Equipment Use Policy, provide PHPD police officers with vital tools that help facilitate compliance within the confines of its existing stringent use of force policy.

Assembly Bill 481 requires agencies to submit an annual military equipment report to their governing body for as long as the equipment is available for use and whenever new equipment is purchased. The Pleasant Hill City Council may use the annual military equipment report as a mechanism to ensure PHPD’s compliance with the proposed Military Equipment Use Policy, In addition, the bill requires agencies must hold at least one community engagement meeting within

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30 days of submitting and publicly releasing an annual report. To encourage as much transparency as possible, the department intends on accomplishing this requirement via an annual Special and Military Equipment Use staff report. Further, the bill requires posting the military equipment inventory and policy to the department’s website. This will be accomplished by posting this information to the department’s Transparency Portal. Lastly, agencies are required to establish procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment. This will be accomplished by posting the below information to the department’s Transparency Portal.  Via email to: [email protected]
 Via phone call to: (925) 288--4600
 Via mail sent to: Pleasant Hill Police Department
Attn: Military Equipment Use Coordinator
330 Civic Drive
Pleasant Hill, CA 94523

FISCAL IMPACT
There are no new financial considerations for the Pleasant Hill Police Department’s existing special or military equipment and munitions.

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

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council renew Ordinance No. 954 and approve the annual special or military equipment report for the Pleasant Hill Police Department.

ALTERNATIVES TO RECOMMENDED ACTION
Council may decide to not approve all or part of the special or military equipment list prohibiting use of some or all items. However, staff is not aware of alternative equipment that will achieve the same objectives of safeguarding community and officer safety. There are no reasonable alternatives that will allow the department to legally continue to utilize the numerated military equipment without Council approval.

ATTACHMENT(S):

A) Ordinance No. 954
B) 2023 Annual Report on Specialized or Military Equipment

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C) PHPD Specialized and Military Equipment Inventory List D) California Government Code § 7070(c) Military Equipment List Prepared by: Jason Kleven
Police Lieutenant
Reviewed by: Scott Vermillion
Chief of Police
Approved by: June Catalano
City Manager

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ORDINANCE NO. 954

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

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

ARTICLE 2. INCORPORATION OF RECITALS.

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

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment)

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ARTICLE 3. FINDINGS.

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

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

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

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

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

ARTICLE 4. MILITARY EQUIPMENT USE POLICY ADOPTED.

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

ARTICLE 5. SEVERABILITY.

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

ARTICLE 6. NOT A CEQA PROJECT.

The City Council finds that this Ordinance is not subject to the California Environmental Quality Act CEQA) pursuant to Sections 15060( c)(2) ( the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

ARTICLE 7. EFFECTIVE DATE.

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

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment)

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

ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the 4th day of April, 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: Attachment A - Ordinance No. 954 (Use of Military Equipment) Policy
706
POLICY 706 SPECIALIZED OR MILITARY EQUIPMENT
706.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the approval, acquisition, and reporting requirements of specialized or military equipment ( Government Code § 7070; Government Code § 7071; Government Code § 7072).
706.1.1 DEFINITIONS
Definitions related to this policy include (Government Code § 7070):

Governing body – The elected or appointed body that oversees the Department.

Specialized or Military equipment – Includes but is not limited to the following:

Unmanned, remotely piloted, powered aerial or ground vehicles.

Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

High mobility multipurpose wheeled vehicles (HMMWV), two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

Tracked armored vehicles that provide ballistic protection to their occupants.

Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Weaponized aircraft, vessels, or vehicles of any kind.

Battering rams, slugs, and breaching apparatuses that are explosive in nature. This does not include a handheld, one-person ram.

Firearms and ammunition of_.50 caliber or greater, excluding standard-issue shotguns and standard-issue shotgun ammunition.

Specialized firearms and ammunition of less than_.50 caliber, including firearms and accessories identified as assault weapons in Penal Code § 30510 and Penal Code § 30515, with the exception of standard-issue firearms.

Any firearm or firearm accessory that is designed to launch explosive projectiles.

Noise-flash diversionary devices and explosive breaching tools.

Munitions containing tear gas or OC, excluding standard, service-issued handheld pepper spray.

TASER® Shockwave, microwave weapons, water cannons, and long-range acoustic devices LRADs).

Kinetic energy weapons and munitions.

Any other equipment as determined by a governing body or a state agency to require additional oversight.
706.2 POLICY
It is the policy of the Pleasant Hill Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to specialized or military equipment. 706.3 SPECIALIZED OR MILITARY EQUIPMENT COORDINATOR
The Chief of Police should designate a member of this department to act as the specialized or military equipment coordinator. The responsibilities of the specialized or military equipment coordinator include but are not limited to:

Exhibit A

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) a. Acting as liaison to the governing body for matters related to the requirements of this policy. b. Identifying department equipment that qualifies as specialized or military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
c. Conducting an inventory of all specialized or military equipment at least annually. d. Collaborating with any allied agency that may use specialized or military equipment within the jurisdiction of Pleasant Hill Police Department (Government Code § 7071). e. Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department' s funding, acquisition, and use of equipment.
f. Preparing the annual specialized or military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
g. Establishing the procedure for a person to register a complaint or concern, or how that person may submit a question about the use of a type of specialized or military equipment, and how the Department will respond in a timely manner.
706.4 SPECIALIZED OR MILITARY EQUIPMENT INVENTORY
The attached Specialized or Military Equipment Inventory.pdf constitutes a list of qualifying equipment for the Department:

Insert attachment here]
706.5 APPROVAL
The Chief of Police or the authorized designee shall obtain approval from the City Council by way of an ordinance adopting the specialized or military equipment policy. As part of the approval process, the Chief of Police or the authorized designee shall ensure the proposed specialized or military equipment policy is submitted to the City Council and is available on the department website at least 30 days prior to any public hearing concerning the specialized or military equipment at issue (Government Code § 7071). The specialized or military equipment policy must be approved by the City Council prior to engaging in any of the following ( Government Code § 7071):
a. Requesting specialized or military equipment made available pursuant to 10 USC § 2576a. b. Seeking funds for specialized or military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring specialized or military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of specialized or military equipment within the jurisdiction of this department. e. Using any new or existing specialized or military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of specialized or military equipment.
g. Acquiring specialized or military equipment through any means not provided above. 706.6 COORDINATION WITH OTHER JURISDICTIONS

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Specialized or military equipment should not be used by any other law enforcement agency or member in this jurisdiction unless the specialized military equipment is approved for use in accordance with this policy. Specialized or military equipment used by other jurisdictions that are providing mutual aid to this jurisdiction shall comply with their respective specialized or military equipment use policies in rendering mutual aid.
706.7 ANNUAL REPORT
Upon approval of a specialized or military equipment policy, the Chief of Police or the authorized designee should submit a specialized or military equipment report to the City Council for each type of specialized or military equipment approved within one year of approval, and annually thereafter for as long as the specialized or military equipment is available for use (Government Code § 7072).

The Chief of Police or the authorized designee should also make each annual specialized or military equipment report publicly available on the department website for as long as the specialized or military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of specialized or military equipment in department inventory.
706.8 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the Department should discuss the report and respond to public questions regarding the funding, acquisition, or use of specialized or military equipment.

Exhibit 1 – California Government Code § 7070(c) Military Equipment List Exhibit 2 – Equipment Inventory

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) California Government Code § 7070( c) Military Equipment List

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, " bean bag," rubber bullet, and specialty impact munition ( SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs ( 1) through ( 15), " Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

Exhibit 1

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Attachment D: Qualifying Equipment Owned/ Utilized by the Pleasant Hill Police Department Equipment Name: Unmanned Aircraft Systems ( UAS/ Drones) – CA GC § 7070(c)(1) Quantity Owned: 6 Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Product Descriptions:

DJI Mavic II Enterprise ( 3 owned): The Mavic II Enterprise is an advanced drone solution with a FLIR thermal imaging sensor. For use during search and rescue, policing, and firefighting support, it is designed to be a compact solution that is easily deployable with a 6.2 mile transmission range and 31 minutes flight time.

DJI Mavic Mini (3 owned): The Mavic mini is a lightweight, compact, foldable drone that is handheld and weighs only 8.8 oz. It is small and light enough to fly indoors, while still maintaining outdoor flight capabilities with a 2.5 mile transmission range and 31 minute flight time.

Purpose/ Authorized Uses: UAS/ Drones may be utilized to enhance the department’ s mission of protecting lives and property when other means and resources are not available or are less effective.

Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; traffic collision documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately 35,000. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $ 5,000 per year.

Legal/ Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration ( FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy ( e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/ Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

Equipment Name: Explosive breaching apparatuses - CA GC § 7070(c)(7) Quantity Owned: 1 Lifespan: Approximately 15 years
Equipment Capabilities: Allows specially trained Pleasant Hill Police Department officers to utilize a designed shotgun to defeat fortified locking mechanisms, such as door handles or hinges.

Product Description: Specially designed Remington 870 shotgun that is retrofitted with a spiked standoff breaching barrel that allows for the safe and effective firing of frangible copper rounds.

Compressed copper 12 gauge breaching rounds (50 owned): These 12 gauge shotgun rounds, which are restricted for law enforcement, military, or government use only, are manufactured using compressed copper. This design allows them to be fired into a locking mechanism or doors to defeat Exhibit 2

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) the mechanical system allowing for immediate entry by law enforcement personnel during a critical incident.

Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel, who are members of the Central County SWAT Team, encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment was approximately $ 800. Annual maintenance is conducted by Pleasant Hill Police Department personnel.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force and search and seizure. Various Pleasant Hill Police Department Policies on Use of Force, Search and Seizure and Firearms.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course and a Tactical Breaching Course.

Other Notes: None
Equipment Name: Specialized Ammunition - CA GC § 7070( c)(10) Quantity Owned: Outlined below Lifespan: Approximately 10 years Equipment Capabilities: Allows for a specially trained Pleasant Hill Police Department officers to protect the community by enhancing their capability to accurately engage suspect( s) who present an immediate deadly danger to members of the community or public safety personnel.

Product Description:

Limited penetration . 308 caliber rounds ( 400 owned): This hyper expanding hollow point bullet immediately deposits its energy within a very short distance, reducing the risk of over- penetration beyond its intended target.

Tactical Barricade . 308 caliber rounds ( 300 owned): This tactical bullet is designed to reduce fragmentation and stays intact when striking a mid-level barricade. The minimal deflection and fragmentation further enhances accuracy and bystander safety.

Armor Piercing . 308 caliber rounds (50 owned): This round is designed with a tungsten carbide core that does not break apart upon impact and transfers the residual energy to the target with the purpose of penetrating light armor.

Purpose/ Authorized Uses: These specialized rounds are design for use in response to critical incidents that present an immediate threat of deadly force to members of the community or public safety personnel.

Fiscal Impacts: The initial cost for ammunition was approximately $ 2,000. Ongoing annual cost is estimated at less than $1000.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Authorized uses are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course and a 40-hour Rifle Marksmanship and Sniper/ Observer Course. Users are regularly required to maintain marksmanship rifle qualification standards to remain members on the Central County SWAT Team.

Other Notes: None
Equipment Name: Flashbang grenades - CA GC Code §7070(c)(12) Quantity Owned: 20 Lifespan: Approximately 5 years

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through sound and light.

Product Description: The Defense Technology Low Roll Non-Reloadable Distraction Device produces 175 dB or sound output at 5 feet and 6-8 million candellas for 10 milliseconds.

Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment is estimated at $1200. Ongoing annual maintenance and replacement costs are estimated at $600.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST- certified Special Weapons and Tactics course.

Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA GC § 7070( c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option.

Manufacturer Product Description:
40 mm launchers ( 6 owned): LMT Defense 40 mm launchers. These launchers are lightweight, versatile and used worldwide by police and corrections officers. 40 mm Direct Impact Foam round ( 50 owned): The Defense Technology 40mm Foam Round munition is a point- of-aim, point- of-impact direct- fire round.

Purpose/ Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $ 3,900. The ongoing costs for munitions will vary and departmental staff conduct maintenance.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Crowd Control.

Training Required: : Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

Equipment Name: Shotgun Less Lethal Launchers and Kinetic Energy Munitions - CA GC § 7070( c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option Manufacturer Product Description:

Remington 870 shotgun ( 12 owned): Specially designed Remington 870 shotguns. 12 GA. Drag stabilized round ( 500 owned): Sock round munition is a point- of-aim, point- of-impact direct- fire round.

Purpose/ Authorized Uses: The less lethal shotguns deploy Kinetic Energy Munitions that are intended for use as a less lethal use of force option.

Fiscal Impacts: Existing shotguns were repurposed as designated less lethal devices. The ongoing costs for munitions will vary and departmental staff conduct maintenance. Ongoing annual cost is estimated at less than $1000.

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department training and qualifications as required by law and policy.

Other Notes: None.

Qualifying Equipment known to be owned and/ or utilized by agencies with which the Pleasant Hill Police Department collaborates for law enforcement purposes Equipment Name: Unmanned, remotely piloted, powered ground vehicles - CA GC § 7070( c)(1) Quantity Owned/ Sought: 0 owned Lifespan: Approximately 20 years Equipment Capabilities: Allows for a mechanical and robotic entry into confined spaces when physical entry by law enforcement personnel would pose a high risk to officer safety.

Product Description:

The AVATAR robot allows operators to safely inspect dangerous locations without physically entering a structure. It is quickly deployable, navigates various terrain (including stairs), has two-way audio capabilities, and allows the operator to visually inspect the location through a pan-tilt-zoom camera.

Purpose/ Authorized Uses: This robot is used in response to critical incidents to enhance community and officer safety. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this robot.

Fiscal Impacts: No cost to City of Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/ Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use this equipment for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST- certified Special Weapons and Tactics Course.

Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/ or use in the City of Pleasant Hill.

Equipment Name: Armored Personnel Carrier - CA GC § 7070(c)(2) Quantity Owned/ Sought: 0 owned Lifespan: Approximately 25 Years Equipment Capabilities: This rescue vehicle is NIJ Level IV certified and designed to withstand multiple strikes from .50 caliber ammunition while still maintaining operational capabilities.

Product Description:

The Lenco BearCat is the standard tactical rescue vehicle for the law enforcement community in the United States. The BearCatG3 version utilizes a heavier duty upgraded suspension with off-road (runflat) tires, rims, and increased ground clearance for emergency and natural disaster responses that traverse beyond traditional roadways. It seats up to 12 uniformed officers and the 4-door version with an open floor plan allows for easier rescue of injured persons during critical incidents.

Purpose/ Authorized Uses: This vehicle is used in response to critical incidents to enhance community and officer safety, improve scene containment and stabilization, conduct community and officer rescues, and assist in the resolution of critical incidents. A watch commander or SWAT Commander,

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) based on the specific circumstances of a given critical incident, shall only authorize the use of this vehicle.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/ Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use of this vehicle for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Members authorized to operate this vehicle have been trained by personnel who have successfully completed a 24-hour CA POST- certified Tactical Armored Vehicle Operations course.

Equipment Name: Tear gas and pepper balls - CA GC Code § 7070( c)(12) Quantity Owned/ Sought: 0 Lifespan: Approximately 10 years Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through the introduction of a chemical irritant impacting the eyes, nose, and skin.

Product Description:

Tear gas canisters: The Defense Technology Spede- Heat CS grenade and Flameless Tri-Chamber grenade were designed for barricade situations. Its applications in tactical situations are primarily to detect and/ or dislodge hostile and violent barricaded subjects. The purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/ or incapacitation of potentially violent and dangerous subjects.
40 mm Liquid CS Ferret round: The Defense Technology 40 mm Liquid Ferret round is used primarily by tactical teams and is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside closed area.
40 mm Direct Impact OC Foam round: The Defense Technology 40mm OC Crushable Foam Round munition is a point-of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder.

PepperBall rounds: The PepperBall projectile contains 2% PAVA and is designed for direct impact and area saturation, especially in confined, interior spaces.

Purpose/ Authorized Uses: The equipment outlined above is designed and authorized for use when law enforcement personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST- certified Special Weapons and Tactics course. Chemical agent grenadiers must have completed a 40-hour CA POST- certified course.

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Equipment Name: Command and control vehicles - CA GC § 7070(c)(5) Quantity Owned/ Sought: 0 Lifespan: Approximately 15 years Equipment Capabilities: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Manufacturer Product Description: San Ramon Valley Fire Mobile Command Center / Martinez Police Department Mobile Command Center/ Walnut Creek Bomb Squad.

Purpose/ Authorized Uses: Generally to be used as a command post based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of motor vehicles.

Training Required: If applicable, drivers/ operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Equipment Name: Long Range Acoustic Device (LRAD) – CA GC § 7070(c)(13) Quantity Owned/ Sought: 0 Lifespan: Approximately 25 years Equipment Capabilities: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone.

The LRAD is primarily used as a communication device.

Manufacturer Product Description: Genasys Long range Acoustic Device (LRAD) – 100X Purpose/ Authorized Uses: To safely communicate critical announcements and to deescalate critical incidents through the use of directed sound. To be used to issue announcement orders and can also be used to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/ Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of its use.

Training Required: The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment)

CITY OF PLEASANT HILL

NOTICE OF ORDINANCE ADOPTION
Notice is hereby given that on April 4, 2022, the Pleasant Hill City Council unanimously adopted Ordinance No. 954 ( Uncodified) establishing Pleasant Hill Police Department guidelines for the acquisition, funding, use and reporting of special or military equipment" pursuant to Assembly Bill 481
Copies of this summary have been posted pursuant to law in the following locations:

Pleasant Hill City Hall - 100 Gregory Lane, Pleasant Hill Pleasant Hill Police Department - 330 Civic Drive, Pleasant Hill Pleasant Hill Senior Center - 233 Gregory Lane, Pleasant Hill.

A true and correct copy of the full text of the adopted Ordinance is available at Pleasant Hill City Hall. For further information, contact the City Clerk' s office at 925) 671- 5267.

Juanita Davalos, Deputy City Clerk
April 7, 2022
Remove post 5/ 6/ 22

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Attachment: Attachment A - Ordinance No. 954 (Use of Military Equipment) Attachment B
City of Pleasant Hill
2023 – Annual Specialized or Military Equipment Report, Prepared Pursuant to Government Code § 7072
In accordance with Government Code section 7072, the Pleasant Hill Police Department hereby submits for City Council review and approval the following annual military equipment report.

1. A summary of how the military equipment was used and the purpose of its use.

All military equipment owned and used by the Department, which is detailed in Exhibit C was used exclusively for the purposes designated by the Specialized or Military Equipment Policy. In general, those purposes include the use of unmanned aircraft systems and ground vehicles for enhanced investigation and community safety; use of remote tactical armored vehicles for transporting officers and supporting personnel during high-risk tactical operations; use of specialized firearms to be used as precision weapons to address a threat with more precision and/or greater distances than a handgun, if present and feasible; use of a breaching shotgun during tactical entry into a dwelling or other enclosed space when other breaching options have failed or when required; use of noise flash diversionary devices to produce atmospheric over-pressure and brilliant white light and, as a result, can cause short‐term (6 ‐ 8 seconds) physiological/psychological sensory deprivation to give officers a tactical advantage; use of chemical agents and smoke canisters (by officers who are properly POST certified) to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; use of projectile launch platforms and associated munitions to limit the escalation of conflict where employment of lethal force is prohibited or undesirable; and use of pepper ball launchers, beanbag rounds, and less lethal shotguns to limit conflict escalation and use of lethal force.

In 2022, the equipment used by the Department from Exhibit C, was as follows:
 Unmanned aircraft systems (UAS/Drones) were deployed by trained police personnel approximately 35 times to assist in search and rescue missions, search warrant service for perimeter and interior searches and public safety missions to include SWAT deployments and the apprehension of fleeing suspects.
 Explosive breaching apparatuses were used by the regional SWAT team during training operations only.
 Specialized ammunition (.308 caliber) was used by the regional SWAT team during training operations only.

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Attachment: Attachment B - Pleasant Hill Police - AB 481 2023 Annual Report on Military Equipment Usage (Use of Military Equipment)  Flashbang grenades were used by the regional SWAT team on deployment missions approximately 4 times.
 40mm less lethal launchers were used by the regional SWAT team and Pleasant Hill Police Officers during training operations only.  Shotgun less lethal launchers with drag stabilized “bean bag” rounds were used one time by a Pleasant Hill Police patrol officer who deployed 2 bean bag rounds from a less lethal shotgun to gain compliance from an arson suspect who was armed with a knife. Less lethal shotgun launchers and bean bag rounds were used during training operations.
 Unmanned, remotely piloted, powered ground vehicle (AVATAR robot) was used by the regional SWAT team on one deployment mission during a large building search for a possibly armed suspect.
 Armored personnel carrier was used by the regional SWAT team on deployment missions approximately 12 times.
 Tear gas and pepper balls were used by the regional SWAT team during training operations only.
 Command and control vehicles were used by the regional SWAT team on deployment missions approximately 12 times.
 Long range acoustic device (LRAD) was used by the regional SWAT team on 1 deployment mission during a large building search for a possibly armed suspect.

2. A summary of any complaints or concerns received concerning the military equipment.

The Department did not receive any complaints or citizen outreach concerning the Department’s Military Equipment Use Policy or ongoing use of said equipment.

3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.

There were no violations of the Policy, and accordingly, no audits or actions took place in response.

4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.

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Attachment: Attachment B - Pleasant Hill Police - AB 481 2023 Annual Report on Military Equipment Usage (Use of Military Equipment) The department did not purchase any new specialized or military equipment in 2022.

The department currently has no plans to purchase any new military equipment in 2023, but does plan to purchase more flashbang grenades and 40 mm foam rounds to add to our current supply. Funds for this purchase, approximately $2,900 will come from the police department’s 2023 budget.

5. The quantity possessed for each type of military equipment.

The quantity for each type of military equipment is listed in Exhibit C.

6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

The Department currently plans to purchase 20 flashbang grenades and 50 40mm direct impact foam rounds. These purchases will add to our current supply of each item. At this time, the department does not plan to purchase any new specialized or military equipment in 2023.

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Attachment: Attachment B - Pleasant Hill Police - AB 481 2023 Annual Report on Military Equipment Usage (Use of Military Equipment) Attachment C
Attachment D: Qualifying Equipment Owned/Utilized by the Pleasant Hill Police Department Equipment Name: Unmanned Aircraft Systems (UAS/Drones) – CA GC §7070(c)(1) Quantity Owned: 6 Lifespan: Approximately 5 years
Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.

Product Descriptions:

DJI Mavic II Enterprise (3 owned): The Mavic II Enterprise is an advanced drone solution with a FLIR thermal imaging sensor. For use during search and rescue, policing, and firefighting support, it is designed to be a compact solution that is easily deployable with a 6.2 mile transmission range and 31 minutes flight time.

Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the department’s mission of protecting lives and property when other means and resources are not available or are less effective.

Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $35,000. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $5,000 per year.

Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.

Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.

Other Notes: None.

Equipment Name: Explosive breaching apparatuses - CA GC §7070(c)(7) Quantity Owned: 1 Lifespan: Approximately 15 years
Equipment Capabilities: Allows specially trained Pleasant Hill Police Department officers to utilize a designed shotgun to defeat fortified locking mechanisms, such as door handles or hinges.

Product Description: Specially designed Remington 870 shotgun that is retrofitted with a spiked standoff breaching barrel that allows for the safe and effective firing of frangible copper rounds.

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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Compressed copper 12 gauge breaching rounds (40 owned): These 12 gauge shotgun rounds, which are restricted for law enforcement, military, or government use only, are manufactured using compressed copper. This design allows them to be fired into a locking mechanism or doors to defeat the mechanical system allowing for immediate entry by law enforcement personnel during a critical incident.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel, who are members of the Central County SWAT Team, encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment was approximately $800. Annual maintenance is conducted by Pleasant Hill Police Department personnel.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force and search and seizure. Various Pleasant Hill Police Department Policies on Use of Force, Search and Seizure and Firearms.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a Tactical Breaching Course.

Other Notes: None
Equipment Name: Specialized Ammunition - CA GC §7070(c)(10) Quantity Owned: Outlined below Lifespan: Approximately 10 years Equipment Capabilities: Allows for a specially trained Pleasant Hill Police Department officers to protect the community by enhancing their capability to accurately engage suspect(s) who present an immediate deadly danger to members of the community or public safety personnel.

Product Description:

Limited penetration .308 caliber rounds (400 owned): This hyper expanding hollow point bullet immediately deposits its energy within a very short distance, reducing the risk of over-penetration beyond its intended target.

Tactical Barricade .308 caliber rounds (110 owned): This tactical bullet is designed to reduce fragmentation and stays intact when striking a mid-level barricade. The minimal deflection and fragmentation further enhances accuracy and bystander safety.

Armor Piercing .308 caliber rounds (240 owned): This round is designed with a tungsten carbide core that does not break apart upon impact and transfers the residual energy to the target with the purpose of penetrating light armor.

Purpose/Authorized Uses: These specialized rounds are design for use in response to critical incidents that present an immediate threat of deadly force to members of the community or public safety personnel.

Fiscal Impacts: The initial cost for ammunition was approximately $2,000. Ongoing annual cost is estimated at less than $1000.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Authorized uses are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course and a 40-hour Rifle Marksmanship and Sniper/Observer Course. Users are regularly required to maintain marksmanship rifle qualification standards to remain members on the Central County SWAT Team.

9.3.c
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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Other Notes: None
Equipment Name: Flashbang grenades - CA GC Code §7070(c)(12) Quantity Owned: 15 Lifespan: Approximately 5 years
Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through sound and light.

Product Description: The Defense Technology Low Roll Non-Reloadable Distraction Device produces 175 dB or sound output at 5 feet and 6-8 million candellas for 10 milliseconds.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when Pleasant Hill Police Department personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: The initial cost for this equipment is estimated at $1200. Ongoing annual maintenance and replacement costs are estimated at $600.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST-certified Special Weapons and Tactics course.

Equipment Name: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA GC §7070(c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option.

Manufacturer Product Description:
40 mm launchers (6 owned): LMT Defense 40 mm launchers. These launchers are lightweight, versatile and used worldwide by police and corrections officers. 40 mm Direct Impact Foam round (37 owned): The Defense Technology 40mm Foam Round munition is a point-of-aim, point-of-impact direct-fire round.

Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.

Fiscal Impacts: The initial cost of this equipment was approximately $3,900. The ongoing costs for munitions will vary and departmental staff conduct maintenance.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Crowd Control.

Training Required: : Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.

Other Notes: None.

Equipment Name: Shotgun Less Lethal Launchers and Kinetic Energy Munitions - CA GC §7070(c)(14) Quantity Owned: Outlined below Lifespan: Approximately 20 years Equipment Capabilities: Less than lethal use of force option Manufacturer Product Description:

Remington 870 shotgun (11 owned): Specially designed Remington 870 shotguns. 12 GA. Drag stabilized round (300 owned): Sock round munition is a point-of-aim, point-of-impact direct-fire round.

Purpose/Authorized Uses: The less lethal shotguns deploy Kinetic Energy Munitions that are intended for use as a less lethal use of force option.

9.3.c
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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Fiscal Impacts: Existing shotguns were repurposed as designated less lethal devices. The ongoing costs for munitions will vary and departmental staff conduct maintenance. Ongoing annual cost is estimated at less than $1000.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force and Firearms.

Training Required: Officers must complete a department training and qualifications as required by law and policy.

Other Notes: None.

Qualifying Equipment known to be owned and/or utilized by agencies with which the Pleasant Hill Police Department collaborates for law enforcement purposes Equipment Name: Unmanned, remotely piloted, powered ground vehicles - CA GC §7070(c)(1) Quantity Owned/Sought: 0 owned Lifespan: Approximately 20 years Equipment Capabilities: Allows for a mechanical and robotic entry into confined spaces when physical entry by law enforcement personnel would pose a high risk to officer safety.

Product Description:

Purpose/Authorized Uses: This robot is used in response to critical incidents to enhance community and officer safety. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this robot.

Fiscal Impacts: No cost to City of Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use this equipment for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Authorized operators are members of the Central County SWAT Team and have completed an 80-hour CA POST-certified Special Weapons and Tactics Course.

Equipment Name: Armored Personnel Carrier - CA GC §7070(c)(2) Quantity Owned/Sought: 0 owned Lifespan: Approximately 25 Years Equipment Capabilities: This rescue vehicle is NIJ Level IV certified and designed to withstand multiple strikes from .50 caliber ammunition while still maintaining operational capabilities.

Product Description:

9.3.c
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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Purpose/Authorized Uses: This vehicle is used in response to critical incidents to enhance community and officer safety, improve scene containment and stabilization, conduct community and officer rescues, and assist in the resolution of critical incidents. A watch commander or SWAT Commander, based on the specific circumstances of a given critical incident, shall only authorize the use of this vehicle.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: It is the policy of the Pleasant Hill Police Department to only allow the use of this vehicle for official law enforcement purposes, and pursuant to State and Federal law.

Training Required: Members authorized to operate this vehicle have been trained by personnel who have successfully completed a 24-hour CA POST-certified Tactical Armored Vehicle Operations course.

Equipment Name: Tear gas and pepper balls - CA GC Code §7070(c)(12) Quantity Owned/Sought: 0 Lifespan: Approximately 10 years Equipment Capabilities: The equipment listed in this section is designed to temporarily distract or temporarily incapacitate an individual through the introduction of a chemical irritant impacting the eyes, nose, and skin.

Product Description:

Tear gas canisters: The Defense Technology Spede-Heat CS grenade and Flameless Tri-Chamber grenade were designed for barricade situations. Its applications in tactical situations are primarily to detect and/or dislodge hostile and violent barricaded subjects. The purpose is to minimize the risks to all parties through pain compliance, temporary discomfort, and/or incapacitation of potentially violent and dangerous subjects.
40 mm Liquid CS Ferret round: The Defense Technology 40 mm Liquid Ferret round is used primarily by tactical teams and is designed to penetrate barriers, such as windows, hollow core doors, wallboard, and thin plywood. Upon impacting the barrier, the nose cone ruptures and instantaneously delivers a small chemical payload inside closed area.
40 mm Direct Impact OC Foam round: The Defense Technology 40mm OC Crushable Foam Round munition is a point-of-aim, point-of-impact direct-fire round. When loaded with OC powder, the Direct Impact combines blunt trauma with the effects of an irritant powder.

PepperBall rounds: The PepperBall projectile contains 2% PAVA and is designed for direct impact and area saturation, especially in confined, interior spaces.

Purpose/Authorized Uses: The equipment outlined above is designed and authorized for use when law enforcement personnel encounter subjects whose violence or danger to the public exceeds the capabilities of standard police officer equipment.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various Pleasant Hill Police Department Policies on Use of Force.

Training Required: Officers authorized to use items listed in this section must have completed an 80- hour CA POST-certified Special Weapons and Tactics course. Chemical agent grenadiers must have completed a XXX-hour CA POST-certified course.

9.3.c
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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Other Notes: The Pleasant Hill Police Department participates as a member agency of the Central County SWAT Team. This equipment is owned and operated by another participating agency with Central County SWAT, which could result in its deployment and/or use in the City of Pleasant Hill.

Equipment Name: Command and control vehicles - CA GC §7070(c)(5) Quantity Owned/Sought: 0 Lifespan: Approximately 15 years Equipment Capabilities: Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

Manufacturer Product Description: San Ramon Valley Fire Mobile Command Center / Martinez Police Department Mobile Command Center/Walnut Creek Bomb Squad.

Purpose/Authorized Uses: Generally to be used as a command post based on the specific circumstances of a given critical incident, large event, natural disaster or community event that is taking place.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of motor vehicles.

Training Required: If applicable, drivers/operators shall also undergo California Department of Motor Vehicles commercial vehicle testing.

Equipment Name: Long Range Acoustic Device (LRAD) – CA GC §7070(c)(13) Quantity Owned/Sought: 0 Lifespan: Approximately 25 years Equipment Capabilities: Long Range Acoustical Device (LRAD) is a high intensity directional acoustical array for long range, crystal clear hailing, notification, and an unmistakable warning tone.

The LRAD is primarily used as a communication device.

Manufacturer Product Description: Genasys Long range Acoustic Device (LRAD) – 100X Purpose/Authorized Uses: To safely communicate critical announcements and to deescalate critical incidents through the use of directed sound. To be used to issue announcement orders and can also be used to address the public in the event of civil emergencies, natural disasters, evacuations, and police incidents (e.g., missing persons, perimeters for wanted suspects/ K9 deployments, etc.). The LRAD may also be used to issue a warning tone.

Fiscal Impacts: No cost to Pleasant Hill. Equipment used by the Central County SWAT Team.

Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing operation of its use.

Training Required: The LRAD shall only be used by officers trained in its deployment and used in a manner consistent with Department policy and training.

9.3.c
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Attachment: Attachment C - Equipment Inventory - 2023 (Use of Military Equipment) Attachment D
California Government Code § 7070(c) Military Equipment List

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.

13. Taser Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

9.3.d
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Attachment: Attachment D - California Government Code § 7070(c) Military Equipment List (Use of Military Equipment)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 AUTHORIZING THE CITY

MANAGER TO EXECUTE A PROFESSIONAL SERVICES
AGREEMENT FOR FY 2023/24-2025/26 WITH RSG, INC. FOR

FINANCIAL AND ADMINISTRATIVE SERVICES FOR THE

REDEVELOPMENT AND HOUSING SUCCESSOR AGENCIES

SYNOPSIS
The proposed resolution authorizes the City Manager to execute a professional services agreement with RSG, Inc. (RSG) for the next three fiscal years to provide continued financial and administrative services to the Pleasant Hill Redevelopment and Housing Successor Agencies.

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

RSG, Inc. was selected in 2015 as the RSA and HSA administrative and financial consultant through a competitive process and has successfully and satisfactorily completed the scope of their original and subsequent contracts. RSG is specially trained, experienced, and competent to perform the scope of work required and has demonstrated expertise on the ongoing long-term projects specific to Pleasant Hill’s Redevelopment and Housing Successor Agencies.

RSG will complete the scope of the existing contract by June 30, 2023. The City would like to enter into a new contract with RSG for FY 2023/24 through FY 2025/26 to perform the scope of work included with the attached draft professional services agreement.

Staff is therefore requesting the City Council’s authorization to enter into a multi-year agreement with RSG for a total not to exceed amount of $180,000 over three fiscal years as shown below.

9.4 Packet Pg. 91
Item Year 1
(2023/2024)
Year 2
(2024/2025)
Year 3
(2025/2026)
TOTAL
Housing Successor Agency
Services
$35,000 $35,000 $35,000 $105,000
Redevelopment Successor
Agency Services
$25,000 $25,000 $25,000 $75,000
TOTAL $60,000 $60,000 $60,000 $180,000
Analysis
RSG is specially trained, experienced, and competent to perform the scope of work and has demonstrated expertise specific to Pleasant Hill’s Successor Agencies. RSA services are all related to the wind-down of the former redevelopment agency and include: the preparation of the annual reports and schedules; responding to inquiries from staff, the County Oversight Board, the Department of Finance, and the County Auditor-Controller; computation and assistance with reimbursement payments; and the preparation of materials for meetings. Housing services include preparation of the HSA annual report, compliance monitoring (for The Post Apartments negotiated in May 2022); annual compliance monitoring for existing and new affordable housing projects approved by the City (including projects resulting from the City’s Housing Element); assistance with affordable housing projects with Habitat for Humanity (“Habitat”) and Satellite Affordable Housing Associates (“SAHA”); and general advisory services as needed.

RSG has proposed to complete the scope of work for a total cost not-to-exceed $180,000 over the three-year contracting period ending June 2026, which staff believes is a reasonable and competitive cost.

FISCAL IMPACT
Adoption of the proposed resolution and execution of the proposed agreement will result in a new multi-year professional services agreement with a not-to-exceed cost of $180,000 budgeted in the RPTTF - Successor Agency Fund and the Low and Moderate Income Housing Asset Fund.

The Successor Agency receives $250,000 of property tax revenue annually from the Contra Costa County Auditor-Controller and California Department of Finance to cover the Successor Agency’s administrative expenses, including staff time and the cost of professional services agreements. Housing related work will be funded from the Low and Moderate Income Housing Asset 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.

9.4 Packet Pg. 92

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution.

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

ATTACHMENT(S):

Proposed Resolution
Professional Services Agreement
Prepared by: Danielle K. Navarro, Principal Management Analyst/City Clerk Reviewed by: Troy Fujimoto, City Planner
Ethan Bindernagel, Community Development Director/Assistant City Manager and Executive Director of the Redevelopment Successor Agency Approved by: June Catalano, City Manager

9.4 Packet Pg. 93
RESOLUTION NO. -23

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH RSG, INC. FOR FINANCIAL AND ADMINISTRATIVE SERVICES

FOR THE REDEVELOPMENT AND HOUSING SUCCESSOR AGENCIES
WHEREAS, the City’s current professional services agreement with RSG, Inc. for financial analysis related to the Pleasant Hill Redevelopment Successor Agency (“RSA”) and the Pleasant Hill Housing Successor Agency (“HSA”) ends on June 30, 2023; and WHEREAS, RSG continues to successfully and satisfactorily support staff and submitted a proposal to continue to provide financial analysis, reporting, and administrative support to the RSA and HSA for three fiscal years, 2023/24 through 2025/26, at a cost not to exceed $180,000 for the three-year term as described in the attached agreement; and WHEREAS, the City as Successor Agency receives $250,000 of property tax annually from the Contra Costa County Auditor-Controller and California Department of Finance to cover the Successor Agency’s administrative expenses, such as staff time and professional services agreements and funding is also available in the Low and Moderate Income Housing Asset Fund for housing-related work.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City Manager is authorized to execute the attached three-year professional services agreement with RSG, Inc. for a total cost not to exceed $180,000.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

City Clerk

9.4.a
Packet Pg. 94
Attachment: Proposed Resolution (RSG Agreement for FY 2023/24-2025/26) 1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the 1st day of July, 2023 by and between the City of Pleasant Hill ("City") and RSG, Inc., ("Consultant").

RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein.

AGREEMENT

1. Scope of Services. Consultant shall perform the services described on Exhibit A which is attached hereto and incorporated herein by reference. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A, subject to the direction of the City through its staff that it may provide from time to time."

2. Time of Performance. The services of Consultant are to commence upon the effective date of this Agreement and shall continue annually for three fiscal years (FY 2023/24, 2024/25, and 2025/26 until all authorized work is approved by the City. Consultant will provide the deliverables identified in the attached scope of services by no later than June 30th of each fiscal year of the agreement.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit A, which is attached hereto and incorporated herein by reference. In no event shall Consultant's compensation exceed $180,000 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.

4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.

5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any

9.4.b
Packet Pg. 95
Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 2 other party. Consultant shall, at Consultant's expense, provide such reports, plans, studies, documents and other writings to City upon written request. 6 Independent Contractor. It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

7. Interest of Consultant. Consultant (including principals, associates and professional employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Consultant's services hereunder. Consultant further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement.

Consultant is not a designated employee within the meaning of the Political Reform Act because Consultant will not:
a. make a governmental decision whether to:

1. approve a rate, rule, or regulation;

2. adopt or enforce a law;

3. issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;

4. authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires agency approval;

5. grant City approval to a contract that requires agency approval and to which the City is a party, or to the specifications for such a contract;

6. grant City approval to a plan, design, report, study, or similar item;

7. adopt, or grant City approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or
b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations (“C.C.R”) § 18704(a) and (b) or perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)

9.4.b
Packet Pg. 96
Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 3 8. Professional Ability of Consultant. City has relied upon the professional training and ability of Consultant to perform the services hereunder as a material inducement to enter into this Agreement. Consultant shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Consultant under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Consultant's field of expertise.

9. Indemnity. Consultant agrees to defend, indemnify and hold harmless the City, its officers, agents, employees and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses in connection therein), arising out of the performance of this Agreement, except for any such claim arising out of the sole negligence or willful misconduct of the City, its officers, agents, employees or volunteers.

10. Insurance Requirements.
a. Consultant, at Consultant's own cost and expense, shall procure and maintain, for the duration of the contract, the following insurance policies. To the extent that any portion of the following requirements are satisfied through excess or umbrella coverage, such coverage shall be maintained on the same terms as are required for the primary policies under this Agreement.
i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non-renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than two million dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in

9.4.b
Packet Pg. 97
Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 4 an amount of not less than two million dollars ($2,000,000) combined single limit for each occurrence.
iv. Professional Liability Coverage. Consultant shall maintain professional errors and omissions liability insurance for protection against claims alleging negligent acts, errors or omissions which may arise from Consultant's operations under this Agreement, whether such operations be by the Consultant or by its employees, subcontractors, or subconsultants. The amount of this insurance shall not be less than two million dollars ($2,000,000) on a claims-made annual aggregate basis, or a combined single-limit per occurrence basis. b. Policy Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language:
i. The City of Pleasant Hill, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work or operations.
ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it.

If Consultant maintains higher insurance limits than the minimums specified herein, City shall be entitled to coverage for the higher limits maintained by the Consultant.
iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring Consultant.
iv. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers.
v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.

9.4.b
Packet Pg. 98
Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 5 d. Certificates of Insurance and Endorsements. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. e. Wasting Policies. No policy required herein shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

f. Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from Consultant by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

11. Compliance with Laws. Consultant shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations.

12. Licenses. Consultant represents and warrants to City that it has all licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Consultant to practice its profession. Consultant shall maintain a City of Pleasant Hill business license.

13. Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Contra Costa, Martinez, California.

14. Written Notification. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent prepaid, first class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth herein below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.

If to City: Ethan Bindernagel
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Consultant: James C. Simon, Principal
17872 Gillette Avenue, Suite 350
Irvine, CA 92614

9.4.b
Packet Pg. 99
Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 6 15. Consultant's Books and Records.
a. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant to this Agreement.
b. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
c. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Consultant's business, City may, by written request by any of the above named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall.

Access to such records and documents shall be granted to any party authorized by Consultant, Consultant's representatives, or Consultant's successor-in-interest.

16. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Consultant. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement.

17. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney.

18. Waiver. No failure on the part of either party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder.

19. Litigation Expenses and Attorneys' Fees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees.

20. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least

9.4.b
Packet Pg. 100 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 7 one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

21. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement shall be permitted only with the express consent of the City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Consultant shall be fully responsible to City for all acts or omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law.

22. Termination. This Agreement may be terminated immediately for cause or by either party without cause upon fifteen days' written notice of termination. Upon termination, Consultant shall be entitled to compensation for services performed up to the effective date of termination.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above.

CITY OF PLEASANT HILL: CONSULTANT:
__________________________ By:

June W. Catalano, City Manager
Title:

Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Danielle K. Navarro, City Clerk Attachments: Exhibit A – Scope of Services and Schedule of Charges 0000041411
President

9.4.b
Packet Pg. 101 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26) 8 EXHIBIT A – SCOPE OF SERVICES AND SCHEDULE OF CHARGES

9.4.b
Packet Pg. 102 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26)

SCOPE OF SERVICES
AFFORDABLE HOUSING SERVICES – CITY OF PLEASANT HILL

1. Habitat 85 Woodsworth Lane: Manage the implementation of a Disposition and Development Agreement. According to the latest extension granted in October 2022, Habitat has a September 27, 2023 deadline to obtain project entitlements; December 31, 2023 deadline to obtain other funding commitments; and January 31, 2024 deadline to close escrow. RSG will track Schedule of Performance milestones to help all parties coordinate to close escrow. If Habitat requests further extensions, RSG will prepare necessary City Council agenda items.

2. Habitat 250 Cleaveland Road: This property closed escrow in 2023. If needed, RSG will coordinate with City staff and the City Attorney to amend a Loan Agreement and Affordability Covenant to address potential floodplain constraints.

3. SAHA Choice in Aging: The City executed a $736,000 Predevelopment Loan in March 2022. An additional $2 million Construction Loan has been committed. RSG will coordinate with City staff and the City Attorney to draft construction loan documents after SAHA has secured other gap financing. This is currently anticipated by Spring 2024. This timeline may shift if SAHA applies for different rounds of funding.

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

5. Preparation of staff reports and resolutions and attendance at City Council meetings as required for the above activities.

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

7. Other tasks as may be assigned by staff.

Fee Proposal, Billing Rates, and Invoices:

Based on the forgoing and assumed implementation schedule, RSG is proposing a 3-year budget as shown below:
2023-24 2024-25 2025-26 3 Year Total
$35,000 $35,000 $35,000 $105,000
Billing Rate Schedule
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60

9.4.b
Packet Pg. 103 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26)

SCOPE OF SERVICES
AFFORDABLE HOUSING SERVICES – CITY OF PLEASANT HILL
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.

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

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

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

9.4.b
Packet Pg. 104 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26)

SCOPE OF SERVICES
SUCCESSOR AGENCY SERVICES – CITY OF PLEASANT HILL

1. Preparation of three annual Prior Period Adjustment (“PPA”) due in October 1, beginning with PPA for FY 2021-22 due October 1, 2023.

2. Preparation of three annual Recognized Obligation Payment Schedules (“ROPS”) (due February 1 of each year) beginning with ROPS 2024-25 due February 1, 2024, and transmittal to staff, the Oversight Board, and finally the Department of Finance, including a review and analysis on suggested next steps.

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

4. Computation and assistance with RPTTF (reimbursement) payments to DPH Noteholder LLC (Downtown Pleasant Hill), Beaufort Partners LP (Kohl’s), and PH Holdings (Friedman’s).

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

6. Other Successor Agency items as directed by staff.

Fee Proposal, Billing Rates, and Invoices:

Based on the forgoing and assumed implementation schedule, RSG is proposing a 3-year budget as shown below:
2023-24 2024-25 2025-26 3 Year Total
$25,000 $25,000 $25,000 $75,000
Billing Rate Schedule
Principal / Director $ 275
Senior Associate $ 200
Associate $ 185
Senior Analyst $ 150
Analyst $ 135
Research Assistant $ 125
Technician $ 80
Clerical $ 60
RSG does not charge clients for travel or mileage (except direct costs related to field work/surveys), parking, standard telephone/fax expenses, general postage, or incidental copies.

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

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

9.4.b
Packet Pg. 105 Attachment: Agreement for Professional Services (RSG Agreement for FY 2023/24-2025/26)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 AUTHORIZING THE CITY

MANAGER TO NOTIFY THE PLEASANT HILL CHAMBER OF

COMMERCE THAT THEY ARE RELEASED FROM THE

REQUIREMENT TO CONDUCT AND SUBMIT TO THE CITY A

FINANCIAL AUDIT OF THE PLEASANT HILL TOURISM
IMPROVEMENT DISTRICT FOR THE PERIOD JULY 1, 2021 TO
MARCH 30, 2022

SYNOPSIS
The City Council approved the formation of the Pleasant Hill Tourism Improvement District (PHTID) in 2017 and designated the Pleasant Hill Chamber of Commerce (Chamber) as the PHTID Owners’ Association for the first five years. Then, Stay Pleasant Hill was designated by the City Council as the Owners’ Association for the next five years, from 2022 to 2027. In October of this year, the Chamber requested to be released from the requirement in their Owners’ Association Agreement to complete their final annual financial audit, which was due on September 30, 2022.

The City Council is asked to consider the Chamber’s request to be released from the requirement to submit a final financial audit to the City.

DISCUSSION
On March 20 and June 5, 2017, respectively, the City Council adopted Resolution Nos. 29-17 and 44-17 creating the Pleasant Hill Tourism Improvement District and designating the Pleasant Hill Chamber of Commerce as the Owners’ Association of the PHTID, in accordance with Streets and Highways Code section 36614.5. The Owners’ Association manages the day-to-day operations of the PHTID, including the provision of annual reports with audited financial statements due to the City each year.

On April 6, 2020, the City Council adopted Resolution No. 27-20, a First Amendment to the Owners’ Association Agreement, which adjusted the PHTID audit schedule from April 1 – March 30 to July 1 – June 30. The due date was also adjusted from July 31 to September 30. On October 3, 2022, the Chamber submitted a request to the City to be released from the financial audit requirement for the final nine months of the Agreement. Normally, the annual audit would cover 12 months from July 1 to June 30. However, the final Chamber PHTID audit would have covered

9.5 Packet Pg. 106
the period July 1, 2021 to March 30, 2022 because Stay Pleasant Hill became the new Owners’ Association on April 1, 2022.

The attached resolution would authorize the City Manager to notify the Chamber of the granting of their request to be released from conducting an audit of the PHTID for the July 1, 2021 to March 30, 2022 period.

FISCAL IMPACT
No direct fiscal impact to the City has been identified.

RECOMMENDED CITY COUNCIL ACTION
Consider the Chamber’s request to be released from submitting a fiscal audit for the final nine months of the Owners’ Association Agreement and, if granted, adopt the proposed Resolution authorizing the City Manager to notify the Chamber of the granting of their request to be released from conducting and submitting to the City a PHTID audit for the July 1, 2021 to March 30, 2022 period.

ALTERNATIVES TO RECOMMENDED ACTION
Do not consider the Chamber’s request to be released from the fiscal audit requirement for the July 1, 2021 to March 30, 2022 period.

ATTACHMENT(S):
 Proposed Resolution
 Exhibit 1 – Owners’ Association Agreement
 Exhibit 2 – Resolution Approving First Amendment to Owners’ Association Agreement Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

9.5 Packet Pg. 107
RESOLUTION NO. ___-23

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

AUTHORIZING THE CITY MANAGER TO NOTIFY THE PLEASANT HILL CHAMBER

OF COMMERCE THAT THEY ARE RELEASED FROM THE REQUIREMENT TO

CONDUCT AND SUBMIT TO THE CITY A FINANCIAL AUDIT OF THE PLEASANT HILL TOURISM IMPROVEMENT DISTRICT FOR THE PERIOD JULY 1, 2021 TO MARCH 30, 2022
WHEREAS, on March 20, 2017, the City Council, approved Resolution No. 29-17 establishing the Pleasant Hill Tourism Improvement District (PHTID) for a five (5) year term, beginning April 1, 2017, and continuing through March 31, 2022; and WHEREAS, on June 6, 2017, the City Council approved Resolution No. 44-17 designating the Pleasant Hill Chamber of Commerce (Chamber) as the PHTID Owners’ Association from April 1, 2017 until March 30, 2022, and authorized the City Manager to execute the Owners’ Association Agreement (Exhibit 1); and
WHEREAS, on April 6, 2020, the City Council authorized a First Amendment to the Owners’ Association Agreement by approving Resolution No. 27-20 (Exhibit 2), which adjusted the PHTID audit schedule to cover the July 1 to June 30 period and be due the following September 30 of each year; and
WHEREAS, at its meeting of January 24, 2022 the City Council held a public hearing and adopted Resolution No. 7-22 renewing the PHTID for a five (5) year term beginning April 1, 2022, and continuing through March 31, 2027, and approving the Management District Plan; and WHEREAS, on February 7, 2022, the City Council approved Resolution No. 12-22 designating Stay Pleasant Hill to serve as the Owners’ Association of the PHTID from April 1, 2022 until March 30, 2027; and
WHEREAS, on October 3, 2022, the Chamber submitted a request to the City to be released from their financial audit requirement for the final nine months of the Agreement, July 1, 2021 to March 30, 2022; and
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City Manager is hereby authorized to notify the Chamber of the granting of their request to be released from conducting and submitting to the City, an audit of the PHTID for the July 1, 2021 to March 30,2022 period.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

City Clerk

9.5.a
Packet Pg. 108 Attachment: Proposed Resolution (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 109 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 110 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 111 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 112 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 113 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 114 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 115 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 116 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 117 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.b
Packet Pg. 118 Attachment: Exhibit 1 – Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.c
Packet Pg. 119 Attachment: Exhibit 2 – Resolution Approving First Amendment to Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.c
Packet Pg. 120 Attachment: Exhibit 2 – Resolution Approving First Amendment to Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.c
Packet Pg. 121 Attachment: Exhibit 2 – Resolution Approving First Amendment to Owners’ Association Agreement (Chamber TID Audit Exemption)

9.5.c
Packet Pg. 122 Attachment: Exhibit 2 – Resolution Approving First Amendment to Owners’ Association Agreement (Chamber TID Audit Exemption)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 APPROVING A SECOND

AMENDMENT TO THE AGREEMENT WITH STAY PLEASANT HILL

TO SERVE AS THE OWNERS' ASSOCIATION FOR THE PLEASANT

HILL TOURISM IMPROVEMENT DISTRICT AND AUTHORIZING

THE CITY MANAGER TO EXECUTE THE AMENDMENT

SYNOPSIS
At its February 22, 2023 meeting, the Budget Committee requested that staff amend the City’s Owners’ Association Agreement with Stay Pleasant Hill to manage the Pleasant Hill Tourism Improvement District (PHTID). This Second Amendment is intended to ensure that Stay Pleasant Hill’s fiscal audits of the PHTID cover the full five-year term of the Agreement. To this end, the Amendment requires Stay Pleasant Hill’s audited financial statements to match the annual reporting schedule of the PHTID Agreement (April 1 – March 31). The annual due date for the audited financial statement will be moved from October 31 to August 31. In addition, if the Agreement were to be terminated early, the Amendment requires Stay Pleasant Hill to complete an audit up to the termination date to close out the Agreement. Finally, the Amendment adds a new Section to the Agreement, clarifying that the Agreement’s final annual fiscal audit is required even though the completion of the audit will occur after the end of the Agreement term.

In addition to the fiscal audit requirement, the Annual Report, Maintenance and Access to Records, as well as Indemnification, shall also survive termination or expiration of the Agreement, but only as to events or obligations occurring during the term of the Agreement.

The attached Resolution, approving this Second Amendment to the Agreement and authorizing the City Manager to execute the Amendment, is submitted for Council approval.

DISCUSSION
On February 7, 2022, the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the PHTID, to be effective on April 1, 2022 and continuing for five years until March 31, 2027. On March 7, 2022, the City Council approved a resolution authorizing the City Manager to execute the First Amendment to the Agreement, amending the time period for the annual reports from calendar to fiscal year.

9.6 Packet Pg. 123
The former Owners’ Association of the PHTID, the Pleasant Hill Chamber of Commerce, has requested to be released from completing the PHTID fiscal audit covering the final nine months of their PHTID management term because their PHTID budget schedule (July 1 – June 30) is different than the annual PHTID reporting schedule (April 1 – March 31).

Subsequently, the Budget Committee requested on February 22, 2023 that staff amend the Stay Pleasant Hill PHTID Agreement to ensure that Stay Pleasant Hill’s PHTID fiscal audits cover the full five-year term of the Agreement.

Staff recommends the Council approve the attached Resolution amending the Stay Pleasant Hill PHTID Agreement, as follows (new language is underlined):

4. Annual Report By October 30thAugust 31st of each year, Contractor shall submit to the City Council the report required by Streets and Highways Code section 36650 and the PHTID Management District Plan, hereinafter "the Annual Report". The Annual Report based on the prior fiscal year shall be prepared and submitted to the City Council by October 30thAugust 31st of each year this Agreement is in effect. Each Annual Report shall include an audited financial statement.

The audited financial statements shall annually cover April 1 to March 31 during the entire term of the Agreement. If this Agreement is terminated early, Stay Pleasant Hill will be required to complete an audit up to the termination date to close out the Agreement, which shall verify any unspent funds have been transferred to the City or the new Owners’ Association.

Staff also recommends the Council add the following new Section, as follows (new language is underlined):

28. Continuing Obligations The obligations contained in Sections 4 (Annual Report), 9 (Indemnification), and 15 (Maintenance of Records; Access to Records), shall survive termination or expiration of this Agreement, but only as to events or obligations occurring during the term of the Agreement.

The resolution also authorizes the City Manager to execute the Second Amendment to the Agreement.

FISCAL IMPACT
No direct fiscal impact to the City has been identified.

9.6 Packet Pg. 124

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed Resolution approving a Second Amendment to the Stay Pleasant Hill PHTID Owners’ Association Agreement, and authorize the City Manager to execute the Second Amendment to the Owners’ Association Agreement.

ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to adopt the attached Resolution and leave the Stay Pleasant Hill PHTID Owners’ Association Agreement unchanged.

ATTACHMENT(S):
 Proposed Resolution
 Exhibit 1 - Second Amendment to the Owners’ Association Agreement  Exhibit 2 - First Amendment to the Owners’ Association Agreement  Exhibit 3 - Owners’ Association Agreement
Prepared by: Zach Seal, Economic Development Manager
Approved by: June Catalano, City Manager

9.6 Packet Pg. 125
1 RESOLUTION NO. ___-23

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

APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH STAY PLEASANT HILL TO SERVE AS THE OWNERS’ ASSOCIATION FOR THE PLEASANT HILL

TOURISM IMPROVEMENT DISTRICT AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AMENDMENT
WHEREAS, on January 24, 2022, the City Council approved the renewal of the Pleasant Hill Tourism Improvement District (PHTID) for five additional years, extending through March 31, 2027; and
WHEREAS, on February 7, 2022, the City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners’ Association for the PHTID; and
WHEREAS, on March 7, 2022, the City Council approved a resolution authorizing the City Manager to execute the First Amendment to the Owners’ Association Agreement, establishing the time-period for the annual reports from calendar to fiscal year; and WHEREAS, this Second Amendment to the PHTID Owners’ Association Agreement establishes that Stay Pleasant Hill’s audited financial statements shall match the annual reporting schedule of the Agreement (April 1 – March 31), and the annual due date for the audited financial statement will be moved from October 31 to August 31; and WHEREAS, this Second Amendment to the Agreement establishes that if the Agreement is terminated early, Stay Pleasant Hill shall complete an audit up to the termination date to close out the Agreement; and
WHEREAS, this Second Amendment to the Agreement establishes that the obligations contained in Sections 4 (Annual Report), 9 (Indemnification), and 15 (Maintenance of Records; Access to Records), shall survive termination or expiration of this Agreement, but only as to events or obligations occurring during the term of the Agreement; and NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that, the City Manager is hereby authorized to execute a Second Amendment to the Owners’ Association Agreement for the PHTID.
[Signatures on the Following Page]

9.6.a
Packet Pg. 126 Attachment: Proposed Resolution (Stay Pleasant Hill TID Owners Agreement Amendment 2) 2 ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 1st day of May 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

City Clerk

9.6.a
Packet Pg. 127 Attachment: Proposed Resolution (Stay Pleasant Hill TID Owners Agreement Amendment 2)

SECOND AMENDMENT TO AGREEMENT WITH STAY PLEASANT HILL TO

SERVE AS THE OWNERS' ASSOCIATION FOR THE PLEASANT HILL TOURISM

IMPROVEMENT DISTRICT
This Second Amendment, dated the ____ of May, 2023, hereinafter referred to as the Effective Date", is by and between the City of Pleasant Hill, a California municipal corporation, hereinafter referred to as " City", and Stay Pleasant Hill, a California non-profit corporation, hereinafter referred to as " Contractor", and collectively referred to as " Parties".

RECITALS
A. On February 7, 2022, the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners' Association for the Pleasant Hill Tourism improvement District (PHTID), to be effective on April 1, 2022 and continue for five years until March 31, 2027; and B. On March 7, 2022, the City Council approved a resolution authorizing the City Manager to execute the First Amendment to the Owners’ Association Agreement, establishing the time-period for the annual reports from calendar to fiscal year; and C. Section 4 of the Agreement concerns the annual reports and audited financial statements. Stay Pleasant Hill’s audited financial statements shall match the annual reporting schedule of the Agreement (April 1 – March 31), and the annual due date for the audited financial statement will be moved from October 31 to August 31. If the Agreement is terminated early, Stay Pleasant Hill shall complete an audit up to the termination date to close out the Agreement; and
D. The obligations contained in Sections 4 (Annual Report), 9 (Indemnification), and 15 (Maintenance of Records; Access to Records), shall survive termination or expiration of this Agreement, but only as to events or obligations occurring during the term of the Agreement.

SECOND AMENDMENT TO AGREEMENT
Now, therefore, the parties agree to amend the Owners' Association Agreement as follows:

Section 4 is hereby replaced in its entirety with the following new Section 4 (new language is underlined):

9.6.b
Packet Pg. 128 Attachment: Exhibit 1 - Second Amendment to the Owners Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) The audited financial statements shall annually cover April 1 to March 31 during the entire term of the Agreement. If this Agreement is terminated early, Stay Pleasant Hill will be required to complete an audit up to the termination date to close out the Agreement, which shall verify any unspent funds have been transferred to the City or the new Owners’ Association.

Section 28 is hereby added (new language is underlined):

All other provisions of the Owners;' Association Agreement shall remain as written.

IN WITNESS THEREOF, the parties hereto have executed this Agreement.

City of Pleasant Hill
By__________________________

____________________________
June Catalano, City Manager
Stay Pleasant Hill
By__________________________
__________________________________
Patricia Snowden, Chief Executive Officer
Patricia Snowden

9.6.b
Packet Pg. 129 Attachment: Exhibit 1 - Second Amendment to the Owners Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

FIRST AMENDMENT TO AGREEMENT WITH STAY PLEASANT HILL TO

SERVE AS THE OWNERS' ASSOCIATION FOR THE PLEASANT HILL TOURISM

IMPROVEMENT DISTRICT
This First Amendment, dated the of March, 2022, hereinafter referred to as the Effective Date", is by and between the City ofPleasant Hill, a California municipal corporation, hereinafter referred to as " City", and Stay Pleasant Hill, a California non- profit corporation, hereinafter referred to as " Contractor", and collectively referred to as " Parties".

RECITALS
A. On February 7, 2022 the Pleasant Hill City Council approved a resolution authorizing the City Manager to execute an Agreement with Stay Pleasant Hill to serve as the Owners' Association for the Pleasant Hill Tourism improvement District (PHTID), to be effective on April 1, 2022 and continue for five years until March 31, 2027; and B. Section 4 of the Agreement concerns the annual reports. The reports should be completed on a fiscal year basis instead of a calendar year basis. Therefore, it is necessary to change the word " calendar" to " fiscal".

FIRST AMENDMENT TO AGREEMENT
Now, therefore, the parties agree to amend the Owners' Association Agreement as follows:

Section 4 is hereby replaced in its entirety with the following new Section 4,

4. Annual Report By October 30'h of each year, Contractor shall submit to the City Council the report required by Streets and Highways Code section 36650 and the PHTID Management District Plan, hereinafter "the Annual Report". The Annual Report based on the prior fiscal year shall be prepared and submitted to the City Council by October 301 of each year this Agreement is in effect. Each Annual Report shall include an audited financial statement.

All other provisions ofthe Owners;' Association Agreement shall remain as written.

IN WITNESS THEREOF, the parties hereto have executed this Agreement.

CityZP jeos, nt Hill
print name
Stay Pleasant Hill
By a9k1- I. .
print name

9.6.c
Packet Pg. 130 Attachment: Exhibit 2 - First Amendment to the Owners Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 131 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 132 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 133 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 134 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 135 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 136 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 137 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 138 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 139 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

9.6.d
Packet Pg. 140 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
1 2022-2027
Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq. January 24, 2022

9.6.d
Packet Pg. 141 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
2 Contents
I. OVERVIEW.............................................................................................................................................3 II. BACKGROUND.....................................................................................................................................5 III. BOUNDARY ...........................................................................................................................................6 IV. ASSESSMENT BUDGET AND SERVICES....................................................................................7 A. Annual Service Plan............................................................................................................ 7 B. Annual Budget .................................................................................................................... 9 C. California Constitutional Compliance .............................................................................. 10 D. Assessment........................................................................................................................ 12 E. Penalties and Interest ........................................................................................................ 13 F. Time and Manner for Collecting Assessments................................................................. 13 V. GOVERNANCE...................................................................................................................................14 A. Owners’ Association......................................................................................................... 14 B. Brown Act and California Public Records Act Compliance ............................................ 14 C. Annual Report................................................................................................................... 15 APPENDIX 1 – LAW........................................................................................................................................16 APPENDIX 2 – ASSESSED BUSINESSES .................................................................................................27 Prepared by
Civitas
(800)999-7781
www.civitasadvisors.com

9.6.d
Packet Pg. 142 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
3 I. OVERVIEW
Developed by the City of Pleasant Hill Economic Development Department and lodging businesses in Pleasant Hill, the Pleasant Hill Tourism Improvement District (“PHTID”) is an assessment district proposed to provide specific benefits to payors, by funding sales, marketing, and communications efforts for assessed businesses. This approach has been used successfully in other destination areas throughout the country to provide the benefit of additional room night sales directly to payors. In 2017, the PHTID was formed pursuant to the Property and Business Improvement District Law of 1994 (“94 Law”) for a five (5) year term. This effort seeks to renew the PHTID for a five (5) year term pursuant to the provisions of the 94 Law.

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

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

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

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

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

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Packet Pg. 143 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
4 Collection: The City shall continue to be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties, and interest) from each lodging business located within the boundaries of the PHTID. The City shall take all reasonable efforts to collect the assessments from each lodging business.

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

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

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Packet Pg. 144 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
5 II. BACKGROUND
TIDs are an evolution of the traditional Business Improvement District. The first TID was formed in West Hollywood, California in 1989. Since then, over 100 California destinations have followed suit. In recent years, other states have begun adopting the California model – Montana, South Dakota, Washington, Colorado, Texas and Louisiana have adopted TID laws. Several other states are in the process of adopting their own legislation. The cities of Wichita, Kansas and Newark, New Jersey used an existing business improvement district law to form a TID. And, some cities, like Portland, Oregon and Memphis, Tennessee have utilized their home rule powers to create TIDs without a state law.

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

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

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

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

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Packet Pg. 145 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
6 III. BOUNDARY
The PHTID will include all lodging businesses, existing and in the future, available for public occupancy located within the boundaries of City of Pleasant Hill.

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

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

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

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Packet Pg. 146 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
7 IV. ASSESSMENT BUDGET AND SERVICES
A. Annual Service Plan
Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the PHTID funds are sales, marketing and communications programs available only to assessed businesses.

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

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

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

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Packet Pg. 147 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
8 staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the SPH on an as-needed basis.

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

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

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Packet Pg. 148 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
9 Contingency/Reserve
The budget includes a contingency line item to account for uncollected assessments, if any. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration, or renewal costs at the discretion of Stay Pleasant Hill. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the SPH Board. Contingency/reserve funds may be spent on PHTID programs or administrative and renewal costs in such proportions as determined by the SPH Board. The reserve fund may be used for the costs of renewing the PHTID.

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

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

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

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

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

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

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Packet Pg. 149 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
10 Estimated Annual Budget If
Maximum Assessment Rates are Adopted 2024-2027
Year Sales, Marketing
and
Communications
Administration City Fee Contingency/Reserve Total
2022-23 $532,500 $127,800 $14,200 $35,500 $710,000
2023-24 $548,475 $131,634 $14,626 $36,565 $731,300
2024-25 $753,220 $180,773 $20,086 $50,215 $1,004,294
2025-26 $969,771 $232,745 $25,861 $64,651 $1,293,028
2026-27 $998,864 $239,727 $26,636 $66,591 $1,331,818
Total $3,802,830 $912,679 $101,409 $253,522 $5,070,440
The table below demonstrates the annual improvement and service plan budget with the assumption that the rates will not be increased during the district’s five (5) year term. Additionally, a three percent (3%) annual increase in the total budget is shown to account for estimated increased room night sales as a result of PHTID efforts.

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

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

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Packet Pg. 150 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
11 1. Specific Benefit
Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the PHTID. The activities described in this Plan are specifically targeted to increase demand for room night sales for assessed lodging businesses within the boundaries of the PHTID and are narrowly tailored. PHTID funds will be used exclusively to provide the specific benefit of increased demand for room night sales directly to the assessees. Assessment funds shall not be used to feature non-assessed lodging businesses in PHTID programs, or to directly generate sales for non-assessed businesses. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed businesses.

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

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

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

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Packet Pg. 151 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
12 government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6

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

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

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

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

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

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

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

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

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Packet Pg. 152 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
13 payment from the business. If the PHTID assessment is identified separately it shall be disclosed as the “PHTID Assessment.” As an alternative, the disclosure may include the amount of the PHTID assessment and the amount of the assessment imposed pursuant to the California Tourism Marketing Act, Government Code §13995 et seq. and shall be disclosed as the “Tourism Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed lodging business even if it is passed on to transients. The assessment shall not be considered revenue for any purpose, including calculation of transient occupancy taxes.

Bonds shall not be issued.

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

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

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

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

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

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

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

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Packet Pg. 153 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
14 V. GOVERNANCE
A. Owners’ Association
The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the PHTID as defined in Streets and Highways Code §36612. The City Council has determined that Stay Pleasant Hill (“SPH”) shall serve as the Owners’ Association for the PHTID. The City shall enter into a contract with Stay Pleasant Hill for administration of the PHTID. The City reserves the right to conduct regular financial and/or operational audits, as reasonably determined to be appropriate by the City in the City’s sole discretion, of the Owners’ Association. Any such City audits will receive the full and unqualified cooperation and assistance of the Owners’ Association, and upon request by City will be paid for in whole or in part with PHTID funds. Consistent with law, and for good cause as reasonably demonstrated to the satisfaction of the City Council, the City Council at a noticed public hearing may designate a different qualified private nonprofit entity as the Owners’ Association of the PHTID, to replace either SPH, or any subsequent designated Owners’ Association.

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

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

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

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Packet Pg. 154 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
15 C. Annual Report
SPH shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include:
• Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year.
• The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year.
• The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part.

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

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Packet Pg. 155 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
16 APPENDIX 1 – LAW
*** THIS DOCUMENT IS CURRENT THROUGH THE 2021 SUPPLEMENT *** (ALL 2020 LEGISLATION)

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

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

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

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

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

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

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

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Packet Pg. 158 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
19 Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property”
“Property” means real property situated within a district. 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
36614.6. “Property-based assessment”
“Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district”
“Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner”
“Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit”
“Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value.
36616. “Tenant”
“Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.

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

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

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

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

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Packet Pg. 160 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
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21 part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision.
(e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision.
(f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements.
(g) The time and manner of collecting the assessments.
(h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district.
(m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment
(a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the

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

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

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

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

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

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

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

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

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

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Packet Pg. 165 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
26 CHAPTER 5. Renewal
36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district.

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

9.6.d
Packet Pg. 166 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2) PHTID Management District Plan
January 24, 2022
27 APPENDIX 2 – ASSESSED BUSINESSES
Business Name Street Address City
EXTENDED STAY AMERICA 3220 BUSKIRK AVE PLEASANT HILL, CA 94523 HILTON HOMEWOOD SUITES 650 ELLINWOOD WAY PLEASANT HILL, CA 94523 HYATT HOUSE 2611 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 SONESTA SELECT PLEASANT HILL 2250 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 PLEASANT HILL INN 1432 CONTRA COSTA BLVD PLEASANT HILL, CA 94523 RESIDENCE INN PLEASANT HILL 700 ELLINWOOD WY PLEASANT HILL, CA 94523 SUN VALLEY INN 2045 CONTRA COSTA BLVD. PLEASANT HILL, CA 94523

9.6.d
Packet Pg. 167 Attachment: Exhibit 3 - Owners’ Association Agreement (Stay Pleasant Hill TID Owners Agreement Amendment 2)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ____-23 ACCEPTING BID AND AWARDING

A CONSTRUCTION CONTRACT FOR THE TAYLOR BOULEVARD

IMPROVEMENTS PROJECT (CIVIC DRIVE TO RUTH DRIVE),
PROJECT NO. 01-23; AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONSTRUCTION CONTRACT WITH KEREX
ENGINEERING, INC.

SYNOPSIS
The Taylor Boulevard Improvements Project will construct a new traffic signal at the intersection of Taylor Boulevard and Civic Drive, new sidewalk on the north side of Taylor Boulevard between Civic Drive and Ruth Drive, and new sidewalk on both sides of Civic Drive.

Staff requests that the City Council accept the lowest responsive, responsible bid and authorize the City Manager to execute a construction contract with Kerex Engineering, Inc. for the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23.

DISCUSSION
Background
This Project is included in the FY 2022-2027 Capital Improvement Plan (CIP) (Project MK-3B).

It is funded through Measure K, Traffic Mitigation Fund, and two Transportation Development Act (TDA) grants. The project scope includes the installation of a new traffic signal, ADA curb ramps, and sidewalks. When complete, the Project will provide a continuous ADA accessible path of travel for residents to walk or bike from Lucille Lane and Ruth Drive to Valley View Middle School, College Park High School, Diablo Valley College, City Police Department, Community Center, YMCA, and other office complexes on the north side of Taylor Boulevard.

The plans, specifications, and estimate (PS&E) were completed by LCC Engineering and Surveying, Inc.

Analysis
The Notice Inviting Bids was sent to the construction exchanges and was advertised in the East Bay Times on March 16, 2023. Six bids were received and publicly read on Tuesday, April 18, 2023, at 2:00 p.m. at City Hall.

10.1 Packet Pg. 168
Per project bid documents, the City will base the project award on the lowest responsive, responsible bid. The following table summarizes the bid amounts. The low bid is marked in bold.

Company Total Bid

1. Kerex Engineering, Inc. $1,465,424.50

2. Redgwick Construction Co. $1,485,764.00

3. Sposeto Engineering Inc. $1,610,043.30

4. McGuire and Hester $1,706,710.00

5. Granite Construction Co. $1,749,345.36

6. Ghilotti Brothers, Inc. $1,787,654.00
Average of Six Bids Received $1,634,823.53
Engineer’s Estimate (EE) $1,500,000.00
Kerex Engineering’s bid of $1,465,424.50 is two percent lower than the Engineer’s Estimate of $1,500,000, and 10 percent lower than the average bid of $1,634,823.53, so Kerex Engineering’s bid price is considered reasonable relative to other competitive bids received.

The project bid documents included an alternate bid item to construct sidewalk on the west side of Civic Drive (the east side was already included in the base bid). Kerex Engineering provided a bid to construct the additional sidewalk for $69,362.00, which was similar to other contractors’ prices. Staff recommends adding the alternate bid item.

Kerex Engineering is an experienced public works contractor that has satisfactorily completed projects in this area, including the Gregory Gardens Storm Drain Rehabilitation Project for the City of Pleasant Hill in 2022, the Brook Street Park Improvements Project for the City of Lafayette in 2021, and the 2022 Median Landscape Improvement Project for the City of Hayward. Kerex Engineering intends to hire sub-contractors for construction of specialty items such as traffic signal installation and micro-surfacing (paving). Staff believes the Contractor’s team has the experience and professional competency that will result in a satisfactory product for the City.

Kerex Engineering’s bid proposal documentation is complete, and staff has deemed them the lowest responsive, responsible bidder. Bidding rules require that the City Council award the construction contract to the lowest responsive, responsible bidder or reject all bids. Staff recommends the City Council award the construction contract to Kerex Engineering, Inc. If the Project is awarded to Kerex Engineering, construction will begin this spring, starting with the installation of the sidewalks, ADA ramps, conduits, and foundations. Work will be paused while waiting for delivery of long lead time items such as traffic signal poles and equipment, which may take up to six months. Upon delivery of traffic signal poles, the Contractor will have one month to complete the remaining items of work including signal energizing, micro-surfacing, and striping.

10.1 Packet Pg. 169

FISCAL IMPACT
The project construction cost is $1,534,786.50 ($1,465,424.50 + $69,362.00). Staff has included a construction contingency of approximately 10 percent or $154,213.50, which is typical for a construction project of this type. The total construction cost will not exceed $1,689,000.

Engineering Division staff will conduct construction management and inspection in order to reduce the overall project cost. Project funding is summarized in the table below:

Revenues Projected Expenses
Measure K $501,600 Construction Contract $1,534,786.50
TDA Grants $152,800 Contingency ( ̴10%) $ 154,213.50
Traffic Mitigation (Fund 06) $ 15,400
Other* $1,047,200
Total $1,717,000 Total $1,689,000
*Includes the re-budgeting of unspent FY 2021-22 budget, consisting of funds from Measure K, Gas Tax, and Measure J (Fund 27).

RECOMMENDED CITY COUNCIL ACTION
Accept the bid and award a construction contract (Agreement attached – Exhibit 1) for the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23, and authorize the City Manager to execute a construction contract with Kerex Engineering, Inc.

ALTERNATIVES TO RECOMMENDED ACTION
Reject all current bids and rebid the project construction, which would likely result in higher bids and project delay, as the current lowest responsive, responsible bidder is ready to perform the work this spring.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - Contractor Agreement
Prepared by: Deirdre Castillo, Senior Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: June Catalano, City Manager

10.1 Packet Pg. 170
RESOLUTION NO. ____ - 23

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

ACCEPTING BID AND AWARDING A CONSTRUCTION CONTRACT FOR THE

TAYLOR BOULEVARD IMPROVEMENTS PROJECT (CIVIC DRIVE TO RUTH DRIVE), PROJECT NO. 01-23; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH KEREX ENGINEERING, INC.

WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP), which includes the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23, (Project MK-3B in the CIP) as a funded project; and WHEREAS, the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive) is included in the City’s Pedestrian and Bicycle Program as a top priority; and WHEREAS, the Taylor Boulevard Improvements Project No. 01-23 will construct a new traffic signal at the intersection of Taylor Boulevard and Civic Drive, new sidewalk on the north side of Taylor Boulevard between Civic Drive and Ruth Drive, and new sidewalk on the east side of Civic Drive; and
WHEREAS, the Zoning Administrator has determined that the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23 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, or minor alteration of existing public facilities involving negligible or no expansion of use occurring within the City public right-of-way) in compliance with the Complete Streets Act of 2008; and
WHEREAS, on February 16, 2022, the Notice of Exemption was filed with the County Clerk of Contra Costa County; and
WHEREAS, on April 18, 2023, at 2:00 p.m., Engineering staff publicly opened and examined the sealed bids for the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23; and
WHEREAS, the City Engineer has determined that Kerex Engineering, 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. Kerex Engineering, Inc.’s bid of $1,465,424.50 is found to be the lowest responsive, 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 Community Development Department and incorporated herein by this reference as though set forth in full.

10.1.a
Packet Pg. 171 Attachment: Proposed Resolution (Award Contract to Kerex EngineeringTaylor Blvd Improvements Project)

2. Kerex Engineering, Inc.’s bid of $69,362.00 to construct the alternate bid items is also accepted by the City Council at the unit prices set forth in the bid. This bid is on file in the Community Development Department and incorporated herein by this reference as though set forth in full.

3. A total project construction budget of $1,689,00.00, which includes the base bid price of $1,465,424.50, the alternate bid price of $69,362.00, and project contingency funds in the amount of $154,213.50 (approximately 10%), are authorized by the City Council at the unit prices set forth in Kerex Engineering, Inc.’s bid.

4. The City Manager is authorized to execute a construction contract with Kerex Engineering, Inc. for the Taylor Boulevard Improvements Project (Civic Drive to Ruth Drive), Project No. 01-23, in a form to be approved by the City Attorney.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of said Council held on the 1
st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

TIMOTHY M. FLAHERTY, Mayor
ATTEST:
_________________________________
City Clerk
Attachments:

Exhibit 1 - Contractor Agreement

10.1.a
Packet Pg. 172 Attachment: Proposed Resolution (Award Contract to Kerex EngineeringTaylor Blvd Improvements Project) 38074.00001\40492712.1
City of Pleasant Hill
Taylor Boulevard Improvements Project
Civic Drive to Ruth Drive
Project No. 01‐23
‐1‐
00 52 13 – CONTRACT
This CONTRACT is made and entered into this __ __ day of __ _____, 2023, by and between City of Pleasant Hill, sometimes hereinafter called “City,” and Kerex Engineering, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these presents do covenant and agree with each other as follows:
a. SCOPE OF WORK. The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide all labor, materials, equipment, tools, utility services, and transportation to complete all of the Work required in strict compliance with the Contract Documents as specified in Section (e), below, for the following Project:

TAYLOR BOULEVARD IMPROVEMENTS PROJECT
CIVIC DRIVE TO RUTH DRIVE, PROJECT NO. 01‐23
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.
b. TIME FOR COMPLETION. Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 45 working days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. c. CONTRACT PRICE. The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any additions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of __one million five hundred thirty‐four thousand seven hundred eighty‐six dollars and fifty cents ($__1,534,786.50__). Payment shall be made as set forth in the General Conditions.
d. LIQUIDATED DAMAGES. In accordance with Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum set forth in Section 00 73 13, Article 1.11 for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, the Contractor agrees the City may deduct that amount from any money due or that may become due the Contractor under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents. e. COMPONENT PARTS OF THE CONTRACT. The “Contract Documents” include the following:

Notice Inviting Bids
Instructions to Bidders
Bid Form

10.1.b
Packet Pg. 173 Attachment: Agreement (Award Contract to Kerex EngineeringTaylor Blvd Improvements Project) 38074.00001\40492712.1
City of Pleasant Hill
Taylor Boulevard Improvements Project
Civic Drive to Ruth Drive
Project No. 01‐23
‐2‐ 00 52 13 – CONTRACT
Bid Bond
Designation of Subcontractors
Information Required of Bidders
Non‐Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Maintenance Bond
General Conditions
Special Conditions
Technical Specifications
Addenda
Plans and Drawings
Standard Plans and Specifications of the State of California (Caltrans), latest edition and addendums
California Manual on Uniform Traffic Control Devices (CA MUTCD), latest edition and addendums Contra Costa County Public Works and Community Development Department Standard Plans, March 2014 edition, including latest revisions and addendums Stormwater Best Management Practice Handbook (Municipal), 2003 edition, California Stormwater Quality Association
Approved and fully executed change orders
Any other documents contained in or incorporated into the Contract The Contractor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be complementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.
f. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work. g. INDEMNIFICATION. Contractor shall provide indemnification and defense as set forth in the General Conditions.
h. PREVAILING WAGES. Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor Code which such rates shall be made available at the City’s Administrative Office or may be obtained online at http://www.dir.ca.gov and which must be posted at the job site. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

10.1.b
Packet Pg. 174 Attachment: Agreement (Award Contract to Kerex EngineeringTaylor Blvd Improvements Project)

10.1.b
Packet Pg. 175 Attachment: Agreement (Award Contract to Kerex EngineeringTaylor Blvd Improvements Project)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___- 23 AUTHORIZING AN INCREASE OF THE BHM CONSTRUCTION, INC. PURCHASE ORDER IN THE
AMOUNT OF $743,616 (PREVIOUSLY APPROVED SCOPE) FOR THE
PLEASANT HILL LIBRARY PROJECT NO. 06-20

SYNOPSIS
The Pleasant Hill Library Project No. 06-20 provided for construction of a new Public Library and Site Improvements. The contractor, BHM Construction, Inc. (Contractor), has completed work to the City’s satisfaction. The purpose of this item is to authorize an increase to the BHM purchase order for previously identified additional scope of work in the amount of $743,616.

DISCUSSION
Background
The approved FY 2020-2025 Capital Improvement Plan (CIP) allocated funds for this Project (Project MK-4) for construction of the new Library and Site Improvements in the amount of $33,569,103. On August 3, 2020, the City Council adopted Resolution No. 71-20 and awarded the New Pleasant Hill Library Project No. 06-20 to BHM Construction, Inc., for $23,377,510 (including contingency).

On February 2, 2022, the Budget Committee reviewed and recommended that the City Council approve an additional scope of work totaling $1,336,788 to complete installation of low voltage systems, utilities, and other move-in-related work, as well as installation of a photovoltaic system.

On February 7, 2022, the City Council approved Resolution No. 13-22 authorizing the City Manager “to execute a contract…with Tesla, Inc. in an amount not to exceed $513,038 for the purchase of a solar power system for the new Pleasant Hill Library.” The remaining $823,750 was the anticipated cost for BHM Construction, Inc. to complete the remaining items. The City Council authorized the City Manager “to take all actions necessary to facilitate the Library move-in and installation and powering of utilities, and technology (low voltage systems).” Though the additional scope and associated cost for BHM to complete the work was recommended by the Budget Committee, and while the City Council authorized the City Manager to facilitate completion of that work, City Council Resolution No. 13-22 did not expressly increase BHM’s purchase order on February 7th.

10.2 Packet Pg. 176
Analysis
The project is now complete and the work conforms to the construction plans and specifications.

Construction began on August 25, 2020. The Contractor substantially completed the project on July 25, 2022, which was within the allotted contract time, accounting for unforeseen delays. The Library was opened to the public on July 30, 2022.

As the City winds down the project and closes out the contract with BHM, staff notes that the actual cost of BHM’s additional work was $743,616, which is approximately $80,000 less than the $823,750 cost anticipated and presented to the Budget Committee and City Council in February 2022. Staff is requesting City Council’s formal action to increase the purchase order by $743,616 for the additional work completed by BHM. In summary, BHM’s original contract plus the additional scope of work had an anticipated construction cost of $24,121,126. The actual total cost of construction for the library, however, including change orders, was $24,044,330, which is $76,796 below that anticipated cost.

The City has retained five percent of the total construction cost ($1,202,216.50) from BHM Construction, Inc. to ensure that the Contractor pays all their subcontractors and suppliers. The procedure for releasing these monies is the City Council’s formal acceptance of the work (approved March 20, 2023) with authorization to issue and record a Notice of Completion. The retention amount is scheduled to be paid to BHM Construction on May 2, 2023.

FISCAL IMPACT
Staff included the final cost of $743,616 for the additional work within the revised budget sheet that the City Council approved on March 20, 2023, as part of the Notice of Completion for the library project. Accordingly, formally increasing the purchase order, as requested, does not impact the final cost of the project, as previously presented in late March.

RECOMMENDED CITY COUNCIL ACTION
Adopt the Proposed Resolution authorizing the increase of the BHM Construction purchase order in the amount of $743,616.

ALTERNATIVES TO RECOMMENDED ACTION
None recommended.

10.2 Packet Pg. 177
ATTACHMENT(S):

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

10.2 Packet Pg. 178
RESOLUTION NO. _____-23

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

AUTHORIZING AN INCREASE OF THE BHM CONSTRUCTION PURCHASE ORDER IN THE AMOUNT OF $743,616 (PREVIOUSLY APPROVED SCOPE) FOR THE PLEASANT HILL LIBRARY PROJECT NO. 06-20
WHEREAS, the New Pleasant Hill Library Project is identified as a budgeted and approved project in the FY 2020-2025 Capital Improvement Plan (CIP), Project No. 06-20 (Project MK-4); and
WHEREAS, the New Pleasant Hill Library Project provided for the construction of a new Public Library and Site Improvements; and
WHEREAS, ON August 3, 2020, the City Council awarded a contract to BHM Construction, Inc. to perform work described in the contract documents entitled New Pleasant Hill Library Project, Project No. 06-20; and
WHEREAS, ON February 2, 2022, the Budget Committee reviewed and recommended that the City Council approve an additional scope of work totaling $1,336,788 to complete installation of low voltage systems, utilities, and other move-in-related work, as well as installation of a photovoltaic system.

WHEREAS, ON February 7, 2022, City Council approved Resolution No. 13-22 authorizing the City Manager “to execute a contract with Tesla, Inc. in an amount not to exceed $513,038 for the purchase of a solar power system for the new Pleasant Hill Library.” The remaining $823,750 was the anticipated cost for BHM Construction, Inc., to complete the remaining items. City Council authorized the City Manager “to take all actions necessary to facilitate the Library move-in and installation and powering of utilities, and technology (low voltage systems).”
WHEREAS, though the additional scope and associated cost for BHM to complete the work was considered by the Budget Committee, and while the City Council authorized the City Manager to facilitate completion of that work, City Council Resolution No. 13-22 did not expressly increase BHM’s purchase order on February 7, 2022. Further, the actual cost of BHM’s additional work was $743,616, approximately $80,000 less than the $823,750 cost anticipated and presented to the Budget Committee and City Council in February 2022.

WHEREAS, City staff included the final cost of $743,616 for the additional work within the revised budget sheet that City Council approved on March 20, 2023, as part of the Notice of Completion for the library project. Accordingly, formally increasing the purchase order, as requested, does not impact the final cost of the project, as previously presented on March 20th.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill authorizes an increase of the BHM Construction Purchase Order in the amount of $743,616 (previously approved scope) for the New Pleasant Hill Library Project, Project No. 06-20.

10.2.a
Packet Pg. 179 Attachment: Proposed Resolution (BHM Construction Purchase Order Increase) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 1
st day of May, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

TIMOTHY M. FLAHERTY, Mayor
ATTEST:

City Clerk

10.2.a
Packet Pg. 180 Attachment: Proposed Resolution (BHM Construction Purchase Order Increase)

CITY COUNCIL STAFF REPORT
Meeting Date: May 01, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING TO CONSIDER DRAFT MAPS AND COMPOSITION

OF DISTRICTS FOR BY-DISTRICT ELECTIONS

PURPOSE
The purpose of this item is to hold the fourth public hearing overall, and the first “post-map” public hearing to review draft maps and the composition of districts and to receive input from the community concerning transitioning to by-district elections.

Background:

On March 6, 2023, the City Council adopted Resolution No. 20-23 declaring its intention to transition to district-based elections. This action was taken in response to the January 19, 2023 letter received from Kevin Shenkman of the Law Offices of Shenkman and Hughes on behalf of the Pleasant Hill Community Alliance, that claimed the City’s at-large system of voting dilutes the ability of Latino and Asian voters to elect candidates of their choice or to otherwise influence the outcome of the City’s elections. This letter is the first step before a potential lawsuit can be filed claiming the City has violated the California Voting Rights Act. On March 20, 2023, the City Council held the first of four required public hearings and on April 3, 2023, the Council held the second required public hearing. On April 17, 2023, the Council conducted an additional “pre-map” hearing to gather additional public input.

Two additional “post-map” hearings must now be held, to review the draft maps and identify the sequencing of district based elections. This means the Council will select a final map, and determine which districts will be on the ballot at its next regular election in November, 2024 and which districts will defer to the general election in November, 2026. All proposed maps must be provided at least seven days prior to each of these “post-map” public hearings. The two “postmap” public hearings must be held within 45 days of each other.

Analysis:

If the City follows the “safe harbor” process set forth in Assembly Bill 350, a lawsuit can be avoided and the plaintiffs’ fees and costs will be capped at approximately $34,000. Pursuant to Elections Code § 10010, the City must hold at least four public hearings in connection with the establishment of electoral districts. The City is required to hold at least two public hearings over a period of no more than 30 days before any map or maps of the boundaries for the proposed

10.3 Packet Pg. 181
voting districts are drawn. These first two “pre-map” hearings are for the purpose of developing the criteria that will be used for drawing the maps. At these ”pre-map” public hearings, the community is invited to provide input regarding the composition of the districts. On March 20 and April 3, the Council held the first and second required “” hearings. At the second hearing, the Council directed that a further “pre-map” public hearing be held. Although not legally required, the Council desired to solicit additional public input and comment prior to the map drawing process. The additional hearing was held on April 17, 2023.

As part of this “pre-map” process, the Council provided direction as to specific factors, such as pertinent communities of interest or geographic landmarks it wanted the demographers to focus consideration on in the preparation of draft maps. The demographers also will evaluate any publically submitted map for compliance with the California Voting Rights Act and Federal Voting Rights Act and present those maps for Council’s consideration at the “post-map” hearings.

To increase public awareness of the transition to district elections, the City has been and will continue to use a variety of public communication channels to engage members of the community, including sending a postcard to every residence in the City prior to publication of the draft districting maps. Information also will be distributed by publishing newspaper notices five days before each hearing; social media posts; emails sent to a distribution list of members of the public who have submitted written comment, City commissioners, and subscribers to the City’s Outlook newsletter and the City’s bi-weekly Update newsletter. Districting information will continue to be featured on the City’s website at the following web address:
www.pleasanthillca.org/districts, which is populated with information in eight languages (including English) about how the public can participate in the process and answers to frequently asked questions about the districting process. The City has enabled closed captioning translations into all of the languages supported by Zoom. The Community Relations Manager also has enabled an automated translation button on the City’s webpage.

Subsequent to the pre-map hearings, the City’s demographic consultant prepared two draft maps, one depicting a five district configuration and one depicting a four district configuration, with a directly-elected at-large Mayor. In addition, two maps were received from members of the public. The proposed maps were posted to the City’s website on Monday, April 24, 2023, in accordance with the Elections Code. Three additional maps were received from the public on Wednesday, April 26, 2023, and are being analyzed by the City’s demographic consultant. These maps will be included in the discussion of proposed maps at an additional “post-map” hearing scheduled for Saturday, May 6, 2023 and posted to the City’s website no later than seven days prior to May 6th, on April 28, 2023.

A summary of the four maps prepared or received prior to the website posting deadline for tonight’s hearing is included below. Each of the draft maps was analyzed and reviewed by the city’s demographic consultant, and found to be legally viable. This means the maps create potential Council districts that are population-balanced within a margin +/- 10%, are contiguous and compact.

10.3 Packet Pg. 182
One consideration of district-based elections is the potential to create majority/minority voting districts, where a single identified minority represents 50%+1 of Citizens of Voting Age (CVAP). Pleasant Hill has a relatively low minority total population (40.2%), and the CVAP population is 30.9%, with 69.1% of the CVAP population comprised of Non-Latino Whites. This makes it difficult, if not impossible, given the dispersed nature of minority residency, to create one or more voting districts that represent 50%+ minority citizens of voting age from a single minority. None of the proposed maps achieves this goal, however the highest total minority CVAP population (all minorities - known as a “coalition minority” district), is identified for each proposed map.

A summary of the population deviation and minority coalitions may be found below:

Map ID Population Deviation Minority CVAP Coalition
Draft Map 1, 5 Districts 6.48% D3 – 45.7%
Draft Map 1, 4 Districts 7.25% D3 – 42.3%
Draft Map 2, 5 Districts 7.43% D1 – 42.3%
Draft Map 3, 5 Districts 9.25% D1 – 42.2%
Draft Maps
Draft Map 1 (5 Districts) was drawn by the City’s demographer, taking into consideration population balance, input regarding communities of interest, and uses major arterial streets as natural dividing lines when practicable, with a small section of residential streets used in the southeastern division of Districts 2 and 4. The districts are compact and contiguous. District 3 exhibits a combined minority CVAP coalition of 45.7%, which may assist minority voters in electing the candidate of their choice.

Draft Map 1 (4 Districts) plus Directly Elected Mayor was drawn by the City’s demographer, taking into consideration population balance, input regarding communities of interest, and uses major arterial streets and water courses as natural dividing lines when practicable, with a small section of residential streets used in the southeastern division of Districts 2 and 4. The districts are compact and contiguous. District 3 exhibits a combined minority CVAP coalition of 42.3%, which may assist minority voters in electing the candidate of their choice.

Draft Map 2 (5 Districts) was submitted by a member of the public. The districts are compact and contiguous. Major arterial streets are used for some district divisions, although smaller residential streets are used to divide the eastern edge of Districts 2 and 4. District 1 exhibits a combined minority CVAP coalition of 42.3%, which may assist minority voters in electing the candidate of their choice.

Draft Map 3 (5 Districts) was also submitted by a member of the public. The districts are compact and contiguous. The map is remarkably similar to Draft Map 2, with the exception of a small residential area adjacent to and including the Las Juntas Open Space. Major arterial streets

10.3 Packet Pg. 183
are used for some district divisions, although smaller residential streets are used to divide a portion of the eastern edge of Districts 2 and 4. District 1 exhibits a combined minority CVAP coalition of 42.2%, which may assist minority voters in electing the candidate of their choice.

Map 3 exhibits the highest population deviation of all four draft maps, at 9.25%.

Should the Council adopt a 4 District map, residents would have the opportunity to vote for two members of the City Council. Residents would vote for their district Council member, and the atlarge Mayor. The Mayor would have no additional powers on the City Council, such as veto powers, but would serve as Mayor for the entirety of either a two or four year term, as selected by the Council.

The next public hearing to receive and consider input from the public concerning the composition of voting districts is scheduled for Saturday May 6, 2023 at 2:00 p.m. This will be an additional “post-map” public hearing. Draft maps (including those submitted too late for publication prior to this hearing) were published on April 28, 2023, for the Council and community’s review. The public is also encouraged to provide input via email to [email protected]. Input may also be dropped off at the City Clerk’s Department or mailed to the City Clerk at the following address:

City of Pleasant Hill
Attn: City Clerk
100 Gregory Lane
Pleasant Hill, CA 94523

FISCAL IMPACT
The services of an expert demographer are needed to prepare the maps at a cost of approximately $15,500. There will be additional costs incurred by the work of the City Attorney’s Office during the process. Finally, under the law’s “safe harbor” provision, the City will be responsible for the potential plaintiffs’ attorney fees and costs for a maximum amount of approximately $34,000 paid to Mr. Shenkman. As well, the City has executed a contract for translation and interpretation services for a not to exceed amount of $20,000. Informational mailer costs are estimated at $12,000 and costs for “promoted” social media engagement is estimated at $500.

ENVIRONMENTAL REVIEW
The California Environmental Quality Act (“CEQA”) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA (Section 21605) and CEQA Guidelines §§ 15060(c)(3) and 15378. Conducting public hearings for public input regarding transitioning to by-district elections and setting a schedule for future hearings meets the above criteria and is not subject to CEQA.

10.3 Packet Pg. 184
agenda and staff report are posted on the City’s web page. A Public Hearing Notice was published in the East Bay Times on March 15, 2023, March 29, 2023, April 12, 2023, and April 26, 2023. A news release was posted on social media, and in the City’s bi-weekly Update newsletter.

RECOMMENDED CITY COUNCIL ACTION
Conduct“post-map” public hearing, receive and consider input from the public, and provide further direction to staff regarding the composition of districts.

ATTACHMENTS:

Public Hearing Notice
Correspondence
Draft Maps
Prepared by: Janet Coleson, City Attorney
Approved by: June Catalano, City Manager

10.3 Packet Pg. 185

NOTICE OF PUBLIC HEARINGS BEFORE THE

PLEASANT HILL CITY COUNCIL
(Transition to District-Based Elections for City Council Members) NOTICE IS HEREBY GIVEN that on May 1, 2023, May 6, 2023, and May 22, 2023, the Pleasant Hill City Council will conduct public hearings to receive comment from the public regarding the draft maps for district-based elections for Members of the City Council, pursuant to the California Voting Rights Act (CVRA).

In accordance with California Elections Code section 10010(a)(1), the City Council conducted public hearings regarding the establishment of district boundaries for district-based elections on March 20, 2023, April 3, 2023, and April 17, 2023.

The City’s demographer prepared electoral division maps consistent with federal and state law outlining the proposed boundaries of the electoral divisions, and the draft maps are available on the City website at www.pleasanthillca.org/districts. The public is invited to provide input regarding the content of the draft maps. Those desiring to be heard on the item will be given an opportunity to do so during public hearings on May 1, 2023 (7:00 p.m.), May 6, 2023 (2:00 p.m.), and May 22, 2023 (7:00 p.m.).

The City Council will then take steps at public meetings in June 2023 to adopt an Ordinance transitioning the City from an at-large to district-based method of electing members of the City Council, approving the establishment of electoral division map boundaries, and approving the sequence of future Council elections, if applicable.

All public hearings will be conducted in the City Council Chamber, located at 100 Gregory Lane, Pleasant Hill, California, 94523. Agendas will be posted in advance of the meetings in compliance with the requirements of the Ralph M. Brown Act and can be viewed at www.pleasanthillca.org/agendas.

Interested parties may subscribe to receive agenda notices at www.pleasanthillca.org/NotifyMe.

This notice is available in English, Farsi, Russian, Simplified and Traditional Chinese, Tagalog, Ukrainian, and Vietnamese on the City’s website at www.pleasanthillca.org/districts. If you are aware of a community member needing this notice to be translated to another language or, if in compliance with the Americans with Disabilities Act, you need special assistance to participate in a City Council meeting, contact the City Clerk’s Office at (925) 671-5221 at least 72 hours before the meeting or time when such special services are needed. For more information on the City providing accessible communication to the public, please visit the City’s website at:
https://www.pleasanthillca.org/812/ADA-Accessibility.
_______________________________
Danielle K. Navarro, City Clerk
Publish Date: April 26, 2023

10.3.a
Packet Pg. 186 Attachment: Notice of Public Hearings (CVRA Districting Hearing 4) Correspondence

10.3.b
Packet Pg. 187 Attachment: Correspondence (CVRA Districting Hearing 4) This page left intentionally blank

10.3.b
Packet Pg. 188 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Wednesday, April 19, 2023 1:23 PM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Community of Interest for By-District Elections - Mike Lee From: [email protected] <[email protected]>
Sent: Wednesday, April 19, 2023 11:38 AM
To: June Catalano <[email protected]>; Danielle Navarro <[email protected]>; Juanita Davalos <[email protected]>; Geoff Gillette <[email protected]> Subject: Online Form Submittal: Email the City Council
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

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Email the City Council
Please note that all emails submitted through this website will be shared with all Councilmembers and certain City staff members. These emails are considered public records under the California Public Records Act (Govt. Code Section 6250, et seq.)
Name:* Mike Lee
Street
Address:*
Pleasant Valley
City* Pleasant Hill, CA
Phone
Number:

Email:* [email protected]
Subject:* Community of Interest for By-District Elections Question
or
Comment:

Dear City Council, I am writing to include my thoughts on Communities of Interest for the ByDistrict Council elections. Please forward this information to the demographer and confirm that it was sent. I live in the Pleasant Valley area of Pleasant Hill, defined as being East of the East Bay Municipal Utility District Canal. 1. After the Council spent an enormous amount of time rejecting the idea of an Independent Districting Commission to draw district lines and reassuring the public that the Council will not influence the demographer in any way, I am extremely disappointed that on 4/17/23, Mayor Flaherity not only revealed where he lived to the demographer, but he also suggested where the lines should be for a district that he lives in (https://youtu.be/NFVKXtNymTw).

This not only breaks the promise that the Council made not to interfere with the Districting process, but it is unethical and unprofessional. Mayor Flaherity stated that Poet’s Corner where he lives is somehow related to Pleasant Valley and neighborhoods in the East of Pleasant Hill, which is completely incorrect. I would like to request the demographer ignore the undue influence of the Mayor and consider the following comments that truly define my community of interest. 2. Pleasant Valley is clearly separated from Poet’s Corner and there is a clear demarcation with the East Bay Municipal Utility District Canal. Poet’s Corner is west of that canal and Pleasant Valley is east of that canal. Poet’s Corner is a neighborhood with a much higher socioeconomic status, where high income earners like Mayor Flaherity live. Median income in Poet’s Corner per the last census, is

10.3.b
Packet Pg. 189 Attachment: Correspondence (CVRA Districting Hearing 4) 2 $142,000 with residents below the poverty line at 0.8%. Median income in my area of Pleasant Valley where the socioeconomic status is much lower per the last census is $54,000 with residents below the poverty line at 2.2%. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods where median income is $80,000 with residents below the poverty line at 4.5%. 46% of Poet's Corner residents have obtained a Bachelor's Degree while only 26% of Pleasant Valley residents have done so. 3. Racial diversity is also quite different. Per the last census, the racial diversity score (the higher the number, the more diverse it is) for Poet’s Corner was between 21.3 and 47.2, with White’s composing up to 85% of that neighborhood. The racial diversity score for Pleasant Valley was 55.3 with Whites composing 64% of the neighborhood and Hispanics composing 18% of the neighborhood. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods where the racial diversity score was 66.1 with Whites composing 59% of the neighborhood and Hispanics composing 18% of the neighborhood. 4. Housing is very different for the neighborhoods. In particular, housing values are different, although housing in the Bay Area is high in general. Per the last census, median housing values in Poet’s Corner was $849,000 with 76- 96% owner occupied housing units. In Pleasant Valley, median housing values was $742,000 with 37% owner occupied housing units. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods with median housing values at $637,000 with 62% owner occupied housing units.

Please do not combine Pleasant Valley with Poet’s Corner. Doing so will dilute the voice of minorities and strongly urge the demographer to amplify minority voices, not silence them.

Pleasant Valley is unique and different than Poet’s Corner and thus, Pleasant Valley aligns much more closely to neighborhoods in the East of Pleasant Hill. Pleasant Valley is much more diverse with working class residents who have very different needs than the less diverse high income earners of Poet's Corner. We deserve to be in a district that reflects our identity and values. Thank you for your time. Sincerely, Mike Lee Pleasant Hill Resident Upload File
Attachment
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[ ]

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View any uploaded files by signing in and then proceeding to the link below:
http://www.pleasanthillca.org/Admin/FormHistory.aspx?SID=16842 The following form was submitted via your website: Email the City Council Please note that all emails submitted through this website will be shared with all Councilmembers and certain City staff members. These emails are considered public records under the California Public Records Act (Govt.

Code Section 6250, et seq.):

Name:: Mike Lee
Street Address:: Pleasant Valley
City: Pleasant Hill, CA
Phone Number::

Email:: [email protected]
Subject:: Community of Interest for By-District Elections Question or Comment:: Dear City Council,
I am writing to include my thoughts on Communities of Interest for the By-District Council elections. Please

10.3.b
Packet Pg. 190 Attachment: Correspondence (CVRA Districting Hearing 4) 3 forward this information to the demographer and confirm that it was sent. I live in the Pleasant Valley area of Pleasant Hill, defined as being East of the East Bay Municipal Utility District Canal.

1. After the Council spent an enormous amount of time rejecting the idea of an Independent Districting Commission to draw district lines and reassuring the public that the Council will not influence the demographer in any way, I am extremely disappointed that on 4/17/23, Mayor Flaherity not only revealed where he lived to the demographer, but he also suggested where the lines should be for a district that he lives in (https://youtu.be/NFVKXtNymTw). This not only breaks the promise that the Council made not to interfere with the Districting process, but it is unethical and unprofessional. Mayor Flaherity stated that Poet’s Corner where he lives is somehow related to Pleasant Valley and neighborhoods in the East of Pleasant Hill, which is completely incorrect. I would like to request the demographer ignore the undue influence of the Mayor and consider the following comments that truly define my community of interest.

2. Pleasant Valley is clearly separated from Poet’s Corner and there is a clear demarcation with the East Bay Municipal Utility District Canal. Poet’s Corner is west of that canal and Pleasant Valley is east of that canal.

Poet’s Corner is a neighborhood with a much higher socioeconomic status, where high income earners like Mayor Flaherity live. Median income in Poet’s Corner per the last census, is $142,000 with residents below the poverty line at 0.8%. Median income in my area of Pleasant Valley where the socioeconomic status is much lower per the last census is $54,000 with residents below the poverty line at 2.2%. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods where median income is $80,000 with residents below the poverty line at 4.5%. 46% of Poet's Corner residents have obtained a Bachelor's Degree while only 26% of Pleasant Valley residents have done so.

3. Racial diversity is also quite different. Per the last census, the racial diversity score (the higher the number, the more diverse it is) for Poet’s Corner was between 21.3 and 47.2, with White’s composing up to 85% of that neighborhood. The racial diversity score for Pleasant Valley was 55.3 with Whites composing 64% of the neighborhood and Hispanics composing 18% of the neighborhood. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods where the racial diversity score was 66.1 with Whites composing 59% of the neighborhood and Hispanics composing 18% of the neighborhood.

4. Housing is very different for the neighborhoods. In particular, housing values are different, although housing in the Bay Area is high in general. Per the last census, median housing values in Poet’s Corner was $849,000 with 76-96% owner occupied housing units. In Pleasant Valley, median housing values was $742,000 with 37% owner occupied housing units. Pleasant Valley compares more closely to East Pleasant Hill neighborhoods with median housing values at $637,000 with 62% owner occupied housing units.

Please do not combine Pleasant Valley with Poet’s Corner. Doing so will dilute the voice of minorities and strongly urge the demographer to amplify minority voices, not silence them. Pleasant Valley is unique and different than Poet’s Corner and thus, Pleasant Valley aligns much more closely to neighborhoods in the East of Pleasant Hill. Pleasant Valley is much more diverse with working class residents who have very different needs than the less diverse high income earners of Poet's Corner. We deserve to be in a district that reflects our identity and values. Thank you for your time.

Sincerely,
Mike Lee
Pleasant Hill Resident
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10.3.b
Packet Pg. 191 Attachment: Correspondence (CVRA Districting Hearing 4) 4 Additional Information:

Form submitted on: 4/19/2023 11:37:44 AM
Submitted from IP Address: 152.131.10.133
Referrer Page: https://www.pleasanthillca.org/582/Contact-City-Council-Staff Form Address: http://www.pleasanthillca.org/Forms.aspx?FID=137

10.3.b
Packet Pg. 192 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Friday, April 21, 2023 8:58 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Districting process - Inappropriate remarks by Mayor Flaherty - Yehudit Lieberman From: Yehudit Lieberman <[email protected]>
Sent: Thursday, April 20, 2023 10:21 PM
To: City Council <[email protected]>
Subject: Districting process ‐ Inappropriate remarks by Mayor Flaherty CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear Mayor Flaherty and council members,
I just saw a video clip of the April 17 City Council meeting, which I was unable to attend. In the clip, Mayor Flaherty spoke on the record about where he lives and what his thoughts are about his neighborhood. This happened in spite of the previous agreement that the demographer would proceed without knowledge of where council members live and without input from council members. I find this breach to be astounding. I and other Pleasant Hill residents expect the districting process to be taken seriously by council members and conducted in the most fair and impartial manner possible.

I hope the mayor will apologize for his inappropriate comments and instruct the demographer to ignore them.

Thank you.

Yehudit Lieberman
2270 Lisa Lane, Pleasant Hill, 94523
--
"Loving yourself is a political act. We are taught not to love ourselves, and from that place we are easily manipulated. I want you to love yourself so much that this love changes the world."
-Rita Shimmin

10.3.b
Packet Pg. 193 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Friday, April 21, 2023 1:07 PM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: concern about influencing the demographer - Susan Hedgpeth From: Susan HEDGPETH <[email protected]>
Sent: Friday, April 21, 2023 12:11 PM
To: City Council <[email protected]>
Subject: concern about influencing the demographer
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear Mr. Mayor and Councilmembers,
I attended your meeting last Monday night, April 17. I have a concern.

I do not believe it was appropriate for one of you to express your personal opinion about your neighborhood and your communities of interest.

My understanding of the district mapping process is that the Council are supposed to stay out of the conversation so as not to influence the demographer. I believe you were instructed to that effect by the City Attorney in an earlier hearing.

If so, I would expect you to make sure the demographer is clear that you spoke inappropriately and to not take your comments into account. There may be something more serious that's required, but that's a legal question I don't have the answer to.

I'd appreciate a response stating what action you plan to take to remedy this. Thank you.

Susan Hedgpeth
2212 Lisa Lane

10.3.b
Packet Pg. 194 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Monday, April 24, 2023 10:37 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: District Elections - Bob Langgley
From: [email protected] <[email protected]>
Sent: Monday, April 24, 2023 4:46 AM
To: June Catalano <[email protected]>; Danielle Navarro <[email protected]>; Juanita Davalos <[email protected]>; Geoff Gillette <[email protected]> Subject: Online Form Submittal: Email the City Council
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

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Email the City Council
Please note that all emails submitted through this website will be shared with all Councilmembers and certain City staff members. These emails are considered public records under the California Public Records Act (Govt. Code Section 6250, et seq.)
Name:* Bob Langgley
Street
Address:*
Pleasant Hill
City* Pleasant Hill, CA
Phone
Number:

Email:* [email protected]
Subject:* District Elections
Question
or
Comment:

Please send my comments to the HaystaqDNA Districting Demographer and include my comments in the City Council Minutes and Agenda correspondence. I am writing to counter the biased view that the Mayor took on the Districting Agenda item at the 4/17/23 City Council Meeting. To say that the Poet's Corner neighborhood that he lives in which is over 85% White residents who are more typically higher paid white collar workers is somehow the same as neighborhoods to the East of that which is about 20% Hispanic and 7% Asian residents who are typically lower paid working class residents is completely naive to the racial diversity of Pleasant Hill. Drawing District maps that includes the Mayor's preferences would not only dilute the voice of minority residents by splitting minority communities, but would also advantage him as an incumbent. I hope that the Mayor, with the City Attorney's guidance, retracts his statement publicly. Any map that takes his suggestions for District lines that benefits him as an incumbent that prioritizes his political interests over communities of color would be suspect and subject to legal challenges. In addition, HaystaqDNA should maintain its reputation for neutrality and should not kowtow to the Mayor's influence and therefore should reject his suggestions for District lines, or it too will be subject to criticisms of collusion with the City. HaystaqDNA must hold to the legal principles of the CVRA and maintain minority communities together and not show any deference to the Mayor. I hope that the City has learned from its mistakes. Rejecting an Independent Districting Commission has only led

10.3.b
Packet Pg. 195 Attachment: Correspondence (CVRA Districting Hearing 4) 2 to a questionable process. Any electoral ordinance following the completion of map creation must include a provision to have an Independent Districting Commission for every redistricting effort moving forward. Sincerely, Bob Langgley
Upload File
Attachment
here
[ ]

* indicates required fields.

View any uploaded files by signing in and then proceeding to the link below:
http://www.pleasanthillca.org/Admin/FormHistory.aspx?SID=16848 The following form was submitted via your website: Email the City Council Please note that all emails submitted through this website will be shared with all Councilmembers and certain City staff members. These emails are considered public records under the California Public Records Act (Govt.

Code Section 6250, et seq.):

Name:: Bob Langgley
Street Address:: Pleasant Hill
City: Pleasant Hill, CA
Phone Number::

Email:: [email protected]
Subject:: District Elections
Question or Comment:: Please send my comments to the HaystaqDNA Districting Demographer and include my comments in the City Council Minutes and Agenda correspondence.

I am writing to counter the biased view that the Mayor took on the Districting Agenda item at the 4/17/23 City Council Meeting. To say that the Poet's Corner neighborhood that he lives in which is over 85% White residents who are more typically higher paid white collar workers is somehow the same as neighborhoods to the East of that which is about 20% Hispanic and 7% Asian residents who are typically lower paid working class residents is completely naive to the racial diversity of Pleasant Hill. Drawing District maps that includes the Mayor's preferences would not only dilute the voice of minority residents by splitting minority communities, but would also advantage him as an incumbent.

I hope that the Mayor, with the City Attorney's guidance, retracts his statement publicly. Any map that takes his suggestions for District lines that benefits him as an incumbent that prioritizes his political interests over communities of color would be suspect and subject to legal challenges. In addition, HaystaqDNA should maintain its reputation for neutrality and should not kowtow to the Mayor's influence and therefore should reject his suggestions for District lines, or it too will be subject to criticisms of collusion with the City.

HaystaqDNA must hold to the legal principles of the CVRA and maintain minority communities together and not show any deference to the Mayor.

I hope that the City has learned from its mistakes. Rejecting an Independent Districting Commission has only led to a questionable process. Any electoral ordinance following the completion of map creation must include a

10.3.b
Packet Pg. 196 Attachment: Correspondence (CVRA Districting Hearing 4) 3 provision to have an Independent Districting Commission for every redistricting effort moving forward.

Sincerely,
Bob Langgley
Upload File Attachment here: No file was uploaded
Additional Information:

Form submitted on: 4/24/2023 4:45:55 AM
Submitted from IP Address: 166.216.158.236
Referrer Page: https://www.pleasanthillca.org/582/Contact-City-Council-Staff Form Address: http://www.pleasanthillca.org/Forms.aspx?FID=137

10.3.b
Packet Pg. 197 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Monday, April 24, 2023 10:51 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Concerns about Mayor's Comments During Districting Hearing - Michelle Simone From: Michelle Simone <[email protected]>
Sent: Friday, April 21, 2023 2:48 PM
To: City Council <[email protected]>; Janet Coleson <[email protected]> Subject: Concerns about Mayor's Comments During Districting Hearing CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear City Attorney and City Councilmembers,
I am writing to express my deep concern regarding the recent comments made by the Mayor during the Pleasant Hill City Council districting hearing held April 17, 2023.

As you may recall, during the first hearing on March 20th, Councilmember Noack clearly stated that councilmembers would not provide input to the demographer about their place of residence or where district lines should be drawn. This commitment was reiterated by the City Attorney, and it was also stated that councilmembers would not direct the demographer or share their place of residence, as they are not involved in the districting process. This assurance was given in response to several residents' request for an independent commission to eliminate bias and incumbency protection when deciding on our new electoral districts.

However, during the recent districting hearing, the Mayor openly shared that he lives in Poet's Corner and expressed his opinions on how the district lines should be drawn for his community. This is highly problematic, as all the Councilmembers, including the Mayor, live in the same area. This raises concerns about bias and favoritism in the districting process, as the demographer was chosen and hired by the City, and the City Council has the final decision on our electoral map. The Mayor's direct comments undermine the little impact residents had in the first place and erode public trust in the fairness and impartiality of the districting process.

Furthermore, I want to highlight that according to the law, relationships to incumbents, political party, and/or candidates are not appropriate communities of interest for districting purposes. Therefore, it is crucial to prevent any potential inappropriate influence or consideration of incumbents' preferences or interests in the districting process. Which I thought was the rationale behind the City Attorney's advice and the City Council's initial position of not sharing their places of residence or providing input on the district lines, which would be a responsible approach.

The Mayor's actions are inconsistent with the City Council's earlier commitment, and it raises concerns about the integrity and fairness of the districting process. The adoption of a map that includes the Mayor's comment could be legally suspect. Lines drawn based on the Mayor's preferences could be vulnerable to legal challenges.

10.3.b
Packet Pg. 198 Attachment: Correspondence (CVRA Districting Hearing 4) 2 I urge the City Council to take immediate action to address this issue and ensure that the districting process is impartial, transparent, and free from any bias or favoritism. It is crucial to maintain public trust and confidence in the integrity of the districting process.

Thank you for your attention to this matter,
Michelle

10.3.b
Packet Pg. 199 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Monday, April 24, 2023 11:57 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Pleasant Hill District Elections - Anne Granlund From: [email protected] <[email protected]>
Sent: Monday, April 24, 2023 9:09 AM
To: June Catalano <[email protected]>; Danielle Navarro <[email protected]>; Juanita Davalos <[email protected]>; Geoff Gillette <[email protected]> Subject: Online Form Submittal: Email the City Council
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

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Name:* Anne Granlund
Street
Address:*
500 St. Mary's Road
City* Lafayette
Phone
Number:

Email:* [email protected]
Subject:* Pleasant Hill District Elections
Question
or
Comment:

DATE: April 24, 2023 Dear City Attorney and City Council Members, The League of Women Voters of Diablo Valley is concerned about comments by Mayor Flaherty at the Pleasant Hill district election hearing on April 17, 2023. At the March 20, 2023 hearing Councilmember Noack stated that council members would not share their place of residence or opinions about where district lines should be drawn. City Attorney Coleson, attorney Jim Priest, and the demographer agreed with that guidance to the City Council. During discussion after the close of public comment at the April 17th hearing, the Mayor shared where he lived and the boundaries of what he sees as his personal community of interest. The law is clear that district lines drawn in consideration of an incumbent is not an appropriate community of interest for drawing district maps. We urge the Mayor and the City Council to make every effort to avoid the appearance of inappropriate influence in the districting process. A transparent and robust process will increase public trust in our democratic elections. In the interest of full transparency, the League of Women Voters of Diablo Valley requests that Pleasant Hill share the public comment and data used by the demographer to draw district maps.

Sincerely, Anne Granlund President, League of Women Voters of Diablo Valley Upload File
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10.3.b
Packet Pg. 200 Attachment: Correspondence (CVRA Districting Hearing 4) 2 * indicates required fields.

View any uploaded files by signing in and then proceeding to the link below:
http://www.pleasanthillca.org/Admin/FormHistory.aspx?SID=16849 The following form was submitted via your website: Email the City Council Please note that all emails submitted through this website will be shared with all Councilmembers and certain City staff members. These emails are considered public records under the California Public Records Act (Govt.

Code Section 6250, et seq.):

Name:: Anne Granlund
Street Address:: 500 St. Mary's Road
City: Lafayette
Phone Number::

Email:: [email protected]
Subject:: Pleasant Hill District Elections
Question or Comment::

During discussion after the close of public comment at the April 17th hearing, the Mayor shared where he lived and the boundaries of what he sees as his personal community of interest. The law is clear that district lines drawn in consideration of an incumbent is not an appropriate community of interest for drawing district maps.

We urge the Mayor and the City Council to make every effort to avoid the appearance of inappropriate influence in the districting process.

A transparent and robust process will increase public trust in our democratic elections. In the interest of full transparency, the League of Women Voters of Diablo Valley requests that Pleasant Hill share the public comment and data used by the demographer to draw district maps.

Sincerely,

10.3.b
Packet Pg. 201 Attachment: Correspondence (CVRA Districting Hearing 4) 3 Anne Granlund
President, League of Women Voters of Diablo Valley
Upload File Attachment here: No file was uploaded
Additional Information:

Form submitted on: 4/24/2023 9:08:47 AM
Submitted from IP Address: 24.7.40.151
Referrer Page: https://www.pleasanthillca.org/582/Contact-City-Council-Staff Form Address: http://www.pleasanthillca.org/Forms.aspx?FID=137

10.3.b
Packet Pg. 202 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Tuesday, April 25, 2023 9:20 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Community Member More Aligned with Lafayette/Walnut Creek - David Tsai From: David Tsai <[email protected]>
Sent: Monday, April 24, 2023 10:14 PM
To: City Council <[email protected]>
Subject: Community Member More Aligned with Lafayette/Walnut Creek CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear City Council,
I live at 751 W Boyd Rd, Pleasant Hill, CA 94523
And more closely align with Lafayette/Walnut Creek and find myself in those areas as well 90% of my time either shopping or using local businesses. Please consider this when updating the districts. Thank you.

David TSAI
---------- Forwarded message ---------
From: Michelle Simone <[email protected]>
Date: Mon, Apr 24, 2023 at 8:36 PM
Subject: City Council Put Your Community with Martinez
To:

Dear Pleasant Hill Neighbor,
I'm a volunteer with Pleasant Hill Community Alliance and I am writing to inform you that the City Council has included your community with residents in Northwest Pleasant Hill near Martinez not with Southwest Pleasant Hill near Lafayette and Walnut Creek. The last day to contact Pleasant Hill City Council is Monday, May 1 before 4 pm. This is your chance to let the City know your community more closely identifies with Lafayette/Walnut Creek or Martinez.

We urge you to take action and email [email protected] before May 1 to advocate for your community. Your input is crucial in ensuring that your community stays together and your interests are represented in the district elections process.

View Map Here:
https://www.pleasanthillca.org/1557/District-Based-Election-Process

10.3.b
Packet Pg. 203 Attachment: Correspondence (CVRA Districting Hearing 4) 2 Sincerely,
Michelle
Pleasant Hill Community Alliance
--
David Tsai
Bay Area, California, USA | [email protected]

10.3.b
Packet Pg. 204 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Tuesday, April 25, 2023 10:49 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: District Mapping - Kevin Kennedy
From: Kevin Kennedy <[email protected]>
Sent: Tuesday, April 25, 2023 5:42 AM
To: City Clerk <[email protected]>
Subject: District Mapping
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

To The City Council ,
I'm Kevin Kennedy , 20 year resident of Pleasant Hill , I have reviewed & looked at all the draft maps , while I m NOT for district elections , I find the map(s) submitted by public , easier to figure out . Just so you know the area where I live , the Camelback area , District 3 . on the maps , drawn out by mayor & other sources , & District 1 maps , submitted by the public .

As I said in previous letters , I am hoping it doesnt effect how i vote for potential candidates , issues & propositions in the future . Having said this , I have noticed certain members of this community, pointing fingers & or blaming one or two members of the City Council , or all the Council for their words , during previous meetings . I find this unacceptable from our community residence .

I believe its not appropriate of our community members to be directing blame on others .

Moving forward , if you were to choose ANY maps ? I hope you choose the map that was submitted by the public ...

Thank You as always for your hard work towards
serving our amazing commmuity of Pleasant Hill .

Kevin Kennedy,
20 year of Pleasant Hill

10.3.b
Packet Pg. 205 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Tuesday, April 25, 2023 10:59 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: District Maps - Karen Yapp
Attachments: KLY Map 4-25-23.pdf
From: Karen Yapp <[email protected]>
Sent: Tuesday, April 25, 2023 10:17 AM
To: City Council <[email protected]>
Subject: District Maps
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Dear City Council, City Manager, and City Attorney
The proposed 5‐district map, from the demographer, is not acceptable. Districts 1 and 2 are not compact.

District 1, where I live, is HUGE. In my 39 years living here, I do not believe I have ever entered that NW corner of District 1. District 2 snakes around in an unusual configuration. Poet's Corner is split into 2 districts. So is Gregory Gardens. Clearly the demographer did not take any time to understand our city.

Although the City Council rejected the idea of an independent commission, because they publicly assured us that they would not interact with the demographer, somehow the demographer must have learned their addresses. This configuration could not have been developed for any other reason.

I have attached a shot of my proposed map. It has 5 COMPACT districts. It has one minority majority district. It does not split up Poet's Corner or Gregory Gardens. And there is less than 10% deviation in population. https://districtr.org/plan/182430
We should have been provided a mapping tool where we could view the proposed maps in detail. It is very difficult to see streets on the PDF version of the map. We need to be able to see the fine detail.

We also need an interactive meeting where we can discuss these maps. We should not be restricted to 3 minutes of public comment at a city council meeting. This needs to be a facilitated open discussion. Hopefully the May 6th meeting will be that type of a meeting.

Thank you,
Karen Yapp

10.3.b
Packet Pg. 206 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Tuesday, April 25, 2023 4:10 PM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Comments on proposed City Council Districts - Mike Lee From: [email protected] <[email protected]>
Sent: Tuesday, April 25, 2023 4:00 PM
To: June Catalano <[email protected]>; Danielle Navarro <[email protected]>; Juanita Davalos <[email protected]>; Geoff Gillette <[email protected]> Subject: Online Form Submittal: Email the City Council
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

If you are having problems viewing this HTML email, click to view a Text version.

Email:* [email protected]
Subject:* Comments on proposed City Council Districts
Question
or
Comment:

Please send these comments to the City Council and the demographer HaystaqDNA and include in public comments and correspondence. I was able to review the 5 district proposed map by HaystaqDNA and the City. I am disappointed that many of the public comments over the last several months were not incorporated into the proposed district map. What was the point of having pre-map public comments if public comment was not actually incorporated into the proposed map.

In fact, it appears that most of the comments from minority residents seem to be excluded in the proposed map, whereas singular comments from majority White residents seem to be better incorporated. The proposed map is nowhere close to what was proposed by minority groups to keep their communities of interest intact. Instead, HaystaqDNA appears to have packed minority groups into a contorted and oddly shaped District 3. District 1 appears to have an Eastern peninsula that punches through and divides District 3 into two lobes (one in the North and one in the South) with neighborhoods that have little connection to each other. How is the Northern neighborhood of Camelback similar to the neighborhood of Ellinwood? There was a public proposal to have an Eastern district that allows minorities to have another almost majority-minority district, but instead, those neighborhoods are divided into 3 districts, thus diluting the minority vote. More frustrating is splitting minority groups along the well known Monument corridor, which was the basis of many criticisms in the nearby City of Concord which had initially divided

10.3.b
Packet Pg. 207 Attachment: Correspondence (CVRA Districting Hearing 4) 2 minorities along Monument, but were later rejoined during redistricting. Why couldn’t Pleasant Hill keep the neighborhood of Sherman Acres with Fair Oaks to keep minority communities along Monument intact? Because of I-680, Sherman Acres is not contiguous with other parts of the proposed District 5. You actually have to drive out of the neighborhood of Sherman Acres, around I-680, up Contra Costa Blvd to get back into District 5. Is the demographer intentionally trying to break up minority groups? And for District 2, why is there a little Northern border bump with district borders that goes through essentially a parking lot and divides a condo complex in two? And how are single family high income housing from the West side neighborhood of Diablo View similar to cohousing units with lower income areas from the East side neighborhood of Fair Oaks? Drawing these types of district lines that takes from heavy White populations and combines them with minority neighborhoods clearly dilutes the minority vote. These Eastern minority neighborhoods could easily be combined into an East district, but instead, the minority neighborhoods are being split up. Was that intentional? And for the dividing line between the proposed District 2 and District 4, why was the line drawn to divide the Poet’s Corner neighborhood in half where 3 incumbents live? That line somehow coincidentally cuts right through several incumbent’s homes so that some are on side of the line and others are on the other side. Difficult to do if one was blinded to where incumbents reside. But by drawing the District line right at that spot, it potentially allows multiple incumbents to keep their seats. Was there communication between the Council and demographer to get that district line so precise? There wasn’t a single public comment about Poet’s Corner being divided and yet the demographer found the one line to not only divide Poet’s Corner, but do so in a way that preserves incumbency.

Should Gregory Gardens, which is a well defined neighborhood, be split into 3 districts? Should these immigrant communities be split into 3 districts? Why are minority groups being either split up or packed? District 1 seems to be this sprawling district which has a huge North-South footprint and essentially touches both the West and East borders of Pleasant Hill. It is unclear how neighborhoods in the West of this District which border farms and have large open space preserves is somehow similar to neighborhoods in the East which borders the biggest indoor mall for the region, large strip malls and the busiest road in the area with Contra Costa Blvd. These are really two different communities of interest with vastly different needs and they are in the exact same district. Additionally, there is little connection with neighborhoods South of Grayson with neighborhoods further North. Those Grayson neighborhoods are more closely connected with areas in the South, closer to neighborhoods of Hillsdale and Diablo View. There is also not a direct pathway from the North of this proposed district to the South. One has to actually drive outside the district to get from North to South because it is not contiguous. This proposal by the demographer and City fails on many levels. There are many continuity issues as one cannot actually travel directly through a district to get to all parts of a district, minority communities of interest were not respected and were either split up or packed, the districts are not compact with some that are quite sprawling, the district boundaries are difficult to understand with these peninsulas and separated neighborhoods, and some of the district lines seem to directly benefit incumbents since the lines drawn allows them not to compete with one another and retain their seats. For all these reasons, the City must clearly reject this proposal and accept the alternative 5 district map from the community that does take into account all these factors. Please confirm that this comment was forwarded. Sincerely, Mike Lee
Upload File
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* indicates required fields.

View any uploaded files by signing in and then proceeding to the link below:
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10.3.b
Packet Pg. 208 Attachment: Correspondence (CVRA Districting Hearing 4) 3 City staff members. These emails are considered public records under the California Public Records Act (Govt.

Code Section 6250, et seq.):

Name:: Mike Lee
Street Address:: Pleasant Valley
City: Pleasant Hill, CA
Phone Number::

Email:: [email protected]
Subject:: Comments on proposed City Council Districts
Question or Comment:: Please send these comments to the City Council and the demographer HaystaqDNA and include in public comments and correspondence.

I was able to review the 5 district proposed map by HaystaqDNA and the City. I am disappointed that many of the public comments over the last several months were not incorporated into the proposed district map. What was the point of having pre-map public comments if public comment was not actually incorporated into the proposed map. In fact, it appears that most of the comments from minority residents seem to be excluded in the proposed map, whereas singular comments from majority White residents seem to be better incorporated. The proposed map is nowhere close to what was proposed by minority groups to keep their communities of interest intact.

Instead, HaystaqDNA appears to have packed minority groups into a contorted and oddly shaped District 3.

District 1 appears to have an Eastern peninsula that punches through and divides District 3 into two lobes (one in the North and one in the South) with neighborhoods that have little connection to each other. How is the Northern neighborhood of Camelback similar to the neighborhood of Ellinwood? There was a public proposal to have an Eastern district that allows minorities to have another almost majorityminority district, but instead, those neighborhoods are divided into 3 districts, thus diluting the minority vote.

More frustrating is splitting minority groups along the well known Monument corridor, which was the basis of many criticisms in the nearby City of Concord which had initially divided minorities along Monument, but were later rejoined during redistricting. Why couldn’t Pleasant Hill keep the neighborhood of Sherman Acres with Fair Oaks to keep minority communities along Monument intact? Because of I-680, Sherman Acres is not contiguous with other parts of the proposed District 5. You actually have to drive out of the neighborhood of Sherman Acres, around I-680, up Contra Costa Blvd to get back into District 5. Is the demographer intentionally trying to break up minority groups?
And for District 2, why is there a little Northern border bump with district borders that goes through essentially a parking lot and divides a condo complex in two? And how are single family high income housing from the West side neighborhood of Diablo View similar to cohousing units with lower income areas from the East side neighborhood of Fair Oaks? Drawing these types of district lines that takes from heavy White populations and combines them with minority neighborhoods clearly dilutes the minority vote. These Eastern minority neighborhoods could easily be combined into an East district, but instead, the minority neighborhoods are being split up. Was that intentional?
And for the dividing line between the proposed District 2 and District 4, why was the line drawn to divide the Poet’s Corner neighborhood in half where 3 incumbents live? That line somehow coincidentally cuts right

10.3.b
Packet Pg. 209 Attachment: Correspondence (CVRA Districting Hearing 4) 4 through several incumbent’s homes so that some are on side of the line and others are on the other side.

Difficult to do if one was blinded to where incumbents reside. But by drawing the District line right at that spot, it potentially allows multiple incumbents to keep their seats. Was there communication between the Council and demographer to get that district line so precise? There wasn’t a single public comment about Poet’s Corner being divided and yet the demographer found the one line to not only divide Poet’s Corner, but do so in a way that preserves incumbency.

And for the proposed District 5 which encompasses a part of Gregory Gardens, which is home to a vibrant immigrant community, parts of Gregory Gardens gets unfortunately split into District 4 which dilutes the minority vote, or unfortunately split into District 3 which packs the minority vote. Should Gregory Gardens, which is a well defined neighborhood, be split into 3 districts? Should these immigrant communities be split into 3 districts? Why are minority groups being either split up or packed? District 1 seems to be this sprawling district which has a huge North-South footprint and essentially touches both the West and East borders of Pleasant Hill. It is unclear how neighborhoods in the West of this District which border farms and have large open space preserves is somehow similar to neighborhoods in the East which borders the biggest indoor mall for the region, large strip malls and the busiest road in the area with Contra Costa Blvd. These are really two different communities of interest with vastly different needs and they are in the exact same district. Additionally, there is little connection with neighborhoods South of Grayson with neighborhoods further North. Those Grayson neighborhoods are more closely connected with areas in the South, closer to neighborhoods of Hillsdale and Diablo View. There is also not a direct pathway from the North of this proposed district to the South. One has to actually drive outside the district to get from North to South because it is not contiguous.

This proposal by the demographer and City fails on many levels. There are many continuity issues as one cannot actually travel directly through a district to get to all parts of a district, minority communities of interest were not respected and were either split up or packed, the districts are not compact with some that are quite sprawling, the district boundaries are difficult to understand with these peninsulas and separated neighborhoods, and some of the district lines seem to directly benefit incumbents since the lines drawn allows them not to compete with one another and retain their seats. For all these reasons, the City must clearly reject this proposal and accept the alternative 5 district map from the community that does take into account all these factors.

Please confirm that this comment was forwarded.

Sincerely,
Mike Lee
Upload File Attachment here: No file was uploaded
Additional Information:

Form submitted on: 4/25/2023 3:59:33 PM
Submitted from IP Address: 107.77.211.77
Referrer Page: https://www.pleasanthillca.org/582/Contact-City-Council-Staff Form Address: http://www.pleasanthillca.org/Forms.aspx?FID=137

10.3.b
Packet Pg. 210 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Tuesday, April 25, 2023 4:52 PM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: City Council District Map Submission - Marshall Lewis Attachments: P Hill Districts.png
From: Marshall Lewis <[email protected]>
Sent: Tuesday, April 25, 2023 4:46 PM
To: City Clerk <[email protected]>
Subject: City Council District Map Submission
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Hello,
I'm not sure what the exact process is, but please consider the attached map for the city council districting process. The map can also be viewed on Districtr with the following link:
https://districtr.org/plan/181317
I believe that this map is preferable to the maps that will be presented at the upcoming public hearing because it has lower population variance, more compact districts, district boundaries that closely adhere to geographic boundaries, and more cohesive communities of interest. In particular, it keeps Poet's Corner, the area east of Contra Costa Boulevard, and the area around DVC together in their own districts, and also has most of Gregory Gardens in a single district. It also gives better representation to minority communities, with two districts that are roughly 50% minority communities compared to only one such district in the maps prepared by the demographer.

Because this map adheres so closely to geographic boundaries, it's also much easier for people to tell at a glance which district they're in. District 1 is the area around DVC, north of Taylor and east of Morello. District 2 is the hills west of Morello, Taylor, and Pleasant Hill Road. District 3 is Gregory Gardens, in between Taylor, Pleasant Hill Road, Boyd, and downtown/Contra Costa. District 4 is downtown and everything east of Contra Costa. District 5 is Poet's Corner, encompassing everything between Pleasant Hill Road, Boyd, and Contra Costa. The districts in the demographer's maps defy easy description and would require voters to consult a map rather than their basic knowledge of where they live.

I hope that the city will consider this map at some of the upcoming hearings.

Thanks,
Marshall Lewis

10.3.b
Packet Pg. 211 Attachment: Correspondence (CVRA Districting Hearing 4) 1 Danika Guilatco
From: Danielle Navarro
Sent: Wednesday, April 26, 2023 9:01 AM
To: Allen Vinson; Matt Rinn; Susan Noack; Tim Flaherty; Zac Shess Cc: June Catalano; Juanita Davalos; Geoff Gillette; Janet Coleson Subject: Please follow the community's requests for a fair 5-district map - Alfred Twu From: Alfred Twu <[email protected]>
Sent: Tuesday, April 25, 2023 11:11 PM
To: City Council <[email protected]>
Subject: Please follow the community's requests for a fair 5‐district map CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender.

Pleasant Hill City Council:

Please use a 5-district map that follows the map drawing rules of:
- Contiguity
- Integrity of Communities of Interest and Neighborhoods - Compactness
- Natural and non-natural boundaries such as freeways
Incumbency should not be prioritized - the whole point of district elections is so that 1 neighborhood = 1 councilmember
Thanks
Alfred

10.3.b
Packet Pg. 212 Attachment: Correspondence (CVRA Districting Hearing 4) City of Pleasant Hill – Transition to District Elections Draft Map 1, Five Districts

Draft Proposed
Election Sequence:
2024 Districts 3, 4 & 5
2026 Districts 1 & 2
Total Deviation

6.48%
(under the acceptable
norm of <10%)

10.3.c
Packet Pg. 213 Attachment: Map 1 - Five Districts and demographic data (CVRA Districting Hearing 4) Draft Map 1, Five Districts – Demographic Data
District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 6,881 -49 -0.70% 4,420 802 139 15 1,045 11 45 404 2 7,190 260 3.75% 1,060 4,270 216 17 1,050 29 59 489 3 6,741 -189 -2.72% 2,955 1,138 309 26 1,712 45 62 494 4 6,850 -80 -1.15% 4,808 848 62 10 620 10 39 453 5 6,987 57 0.83% 1,120 4,274 159 22 815 7 39 551 Total 34,649 4,968 20,727 885 90 5,242 102 244 2,391 Ideal 6,930 Deviation 6.48% Voting Age Population Total VAP*
Latino
VAP
NL White
Alone VAP
NL Black
Alone
VAP

NL AIAN
Alone
VAP
NL Asian
Alone
VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
D1 5,680 574 3,778 123 14 895 10 36 250 D2 5,868 775 3,601 200 13 885 23 51 320 D3 5,580 861 2,585 253 20 1,435 40 53 333 D4 5,286 578 3,862 52 10 522 9 22 231 D5 5,500 773 3,523 129 18 693 4 26 334 Total 27,914 3,561 17,349 757 75 4,430 86 188 1,468 Citizen Voting Age Population CVAP*19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
D1 5,422 3,779 116 697 4,709 - 541 16 59 D2 5,066 3,483 262 661 4,395 - 351 - 83 D3 4,256 2,315 75 814 3,441 - 756 55 28 D4 5,518 4,329 61 530 4,979 - 474 21 32 D5 5,207 3,698 113 714 4,498 - 427 - 18 Total 25,469 17,604 627 3,416 22,022 - 2,549 92 220 *NL = Non Latino *AIAN = American Indian Alaska Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population

10.3.c
Packet Pg. 214 Attachment: Map 1 - Five Districts and demographic data (CVRA Districting Hearing 4) City of Pleasant Hill – Transition to District Elections Draft Map 1 Four Districts + Directly Elected Mayor

Draft Proposed
Election Sequence:
2024 Districts 2, & 3
2026 Districts 1 & 4
Total Deviation

7.25%
(under the acceptable
norm of <10%)

10.3.d
Packet Pg. 215 Attachment: Map 1 - Four Districts and Directly Elected Mayor and demographic data (CVRA Districting Draft Map 1, Four Districts + Directly Elected Mayor – Demographic Data District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 8,740 78 0.90% 1,038 5,688 164 22 1,185 10 62 571 2 9,000 338 3.90% 1,179 6,152 101 19 836 16 52 645 3 8,537 -125 -1.45% 4,005 1,431 366 28 2,001 49 69 588 4 8,372 -290 -3.35% 4,882 1,320 254 21 1,220 27 61 587 Total 34,649 4,968 20,727 885 90 5,242 102 244 2,391 Ideal 8,662 Deviation 7.25% Voting Age Population Total VAP*
Latino
VAP
NL White
Alone VAP
NL Black
Alone
VAP

NL AIAN
Alone
VAP
NL Asian
Alone
VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
D1 7,116 742 4,791 141 21 1,025 9 44 343 D2 6,961 826 4,936 86 19 693 11 35 355 D3 7,093 1,061 3,515 306 20 1,689 44 59 399 D4 6,744 932 4,107 224 15 1,023 22 50 371 Total 27,914 3,561 17,349 757 75 4,430 86 188 1,468 Citizen Voting Age Population CVAP*19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
D1 6,698 4,757 65 841 5,855 - 592 16 64 D2 7,322 5,569 103 803 6,513 - 608 21 28 D3 5,770 3,333 202 1,000 4,763 - 954 55 41 D4 5,679 3,945 257 772 4,891 - 395 - 87 Total 25,469 17,604 627 3,416 22,022 - 2,549 92 220 *NL -= Non Latino *AIAN = Amerian Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population

10.3.d
Packet Pg. 216 Attachment: Map 1 - Four Districts and Directly Elected Mayor and demographic data (CVRA Districting City of Pleasant Hill – Transition to District Elections Draft Map 2, Five Districts, submitted by a member of the public

Draft Proposed
Election Sequence:
2024 3 Districts TBD
2026 2 Districts TBD
Total Deviation

7.43%
(under the acceptable
norm of <10%)

10.3.e
Packet Pg. 217 Attachment: Map 2 - Five Districts (submitted by a member of the public) and demographic data (CVRA Draft Map 2, Five Districts – Demographic Data
District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 6,649 -281 -4.05% 3,148 1,040 195 13 1,647 40 61 505 2 7,164 234 3.38% 802 4,856 128 17 881 8 53 419 3 7,121 191 2.76% 1,267 3,702 369 24 1,234 20 50 455 4 6,810 -120 -1.73% 4,247 1,030 73 17 886 10 33 514 5 6,905 -25 -0.36% 4,774 829 120 19 594 24 47 498 Total 34,649 4,968 20,727 885 90 5,242 102 244 2,391 Ideal 6,930 Deviation 7.43% Voting Age Population Total VAP*
Latino
VAP
NL White
Alone VAP
NL Black
Alone
VAP

NL AIAN
Alone
VAP
NL Asian
Alone
VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
D1 5,397 748 2,683 152 10 1,386 34 51 333 D2 5,855 590 4,080 111 16 765 7 34 252 D3 5,954 946 3,238 319 16 1,044 20 45 326 D4 5,268 695 3,446 62 17 741 5 24 278 D5 5,440 582 3,902 113 16 494 20 34 279 Total 27,914 3,561 17,349 757 75 4,430 86 188 1,468 Citizen Voting Age Population CVAP*19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
D1 4,260 2,465 96 721 3,524 - 771 26 11 D2 5,604 4,040 54 675 4,924 - 485 16 58 D3 5,251 3,363 235 822 4,428 - 497 29 69 D4 4,874 3,454 103 616 4,261 - 504 - 26 D5 5,480 4,282 139 582 4,885 - 292 21 56 Total 25,469 17,604 627 3,416 22,022 - 2,549 92 220 *NL = Non Latino *AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population

10.3.e
Packet Pg. 218 Attachment: Map 2 - Five Districts (submitted by a member of the public) and demographic data (CVRA City of Pleasant Hill – Transition to District Elections Draft Map 3, Five Districts, submitted by a member of the public

Draft Proposed
Election Sequence:
2024 3 Districts TBD
2026 2 Districts TBD
Total Deviation

9.25%
(under the acceptable
norm of <10%)

10.3.f
Packet Pg. 219 Attachment: Map 3 - Five Districts (submitted by a member of the public) and demographic data (CVRA Draft Map 3, Five Districts – Demographic Data
District
Total
Population
Raw
Population
%
Population Latino
NL*
White
Alone
NL Black
Alone
NL
AIAN*
Alone
NL Asian
Alone
NL
Hawaiian
Alone
NL Other
Alone
NL 2+
Races
1 6,649 -281 -4.05% 3,148 1,040 195 13 1,647 40 61 505 2 7,290 360 5.20% 815 4,917 129 17 914 8 57 433 3 7,121 191 2.76% 1,267 3,702 369 24 1,234 20 50 455 4 6,684 -246 -3.55% 4,186 1,017 72 17 853 10 29 500 5 6,905 -25 -0.36% 4,774 829 120 19 594 24 47 498 Total 34,649 4,968 20,727 885 90 5,242 102 244 2,391 Ideal 6,930 Deviation 9.25% Total VAP*
Latino
VAP
NL White
Alone VAP
NL Black
Alone
VAP

NL AIAN
Alone
VAP
NL Asian
Alone
VAP
NL
Hawaiian
Alone
VAP
NL Other
Race
Alone
VAP
NL 2+
Races
VAP
D1 5,397 748 2,683 152 10 1,386 34 51 333 D2 5,955 602 4,132 112 16 791 7 34 261 D3 5,954 946 3,238 319 16 1,044 20 45 326 D4 5,168 683 3,394 61 17 715 5 24 269 D5 5,440 582 3,902 113 16 494 20 34 279 Total 27,914 3,561 17,349 757 75 4,430 86 188 1,468 CVAP*19
Total
CVAP19
NL White
CVAP19
NL Black
CVAP
Hispanic
CVAP19
Not
Hispanic
CVAP19

NL AIAN
CVAP19

NL ASIAN
CVAP19
NL
Hawaiian
CVAP19
NL Other
D1 4,260 2,465 96 721 3,524 - 771 26 11 D2 5,692 4,087 54 690 4,998 - 500 16 58 D3 5,251 3,363 235 822 4,428 - 497 29 69 D4 4,786 3,407 103 601 4,187 - 489 - 26 D5 5,480 4,282 139 582 4,885 - 292 21 56 Total 25,469 17,604 627 3,416 22,022 - 2,549 92 220 *NL = Non Latino *AIAN = American Indian Alaskan Native
*VAP = Voting Age Population
*CVAP = Citizen Voting Age Population

10.3.f
Packet Pg. 220 Attachment: Map 3 - Five Districts (submitted by a member of the public) and demographic data (CVRA

Pleasant Hill City CouncilMay 1, 2023

Pleasant Hill City Council
May 1, 2023