Agenda packet — Pleasant Hill City Council, July 17, 2023 (part 2 of 2)

CITY OF PLEASANT HILL

NOTICE OF PUBLIC HEARING

REGARDING PROPOSED INCREASES TO

WATER SERVICE CHARGES FOR THE

DIABLO VISTA WATER SYSTEM
NOTICE IS HEREBY GIVEN that the Pleasant Hill City Council will hold a public hearing on or after 7:00 PM on July 17, 2023, or as soon as possible thereafter, in the City of Pleasant Hill Council Chambers, 100 Gregory Lane, Pleasant Hill, CA 94523, to consider the adoption of proposed rate changes for water service charges within the Diablo Vista Water System (“DVWS”). Said public hearing will be held to consider all oral testimony and written protests to, and the adoption of the proposed rate increases. If the Pleasant Hill City Council decides to conduct the hearing remotely, information will be included in the published agenda for the July 17, 2023 Pleasant Hill City Council meeting.

Reason for the Proposed Service Rate Increases
In 1950, the Diablo Vista Water District was formed to provide untreated canal water for irrigation to 475 homes bounded roughly by Oak Park Boulevard, the Contra Costa canal, Boyd Road and Patterson Boulevard, known locally in Pleasant Hill as "Poet's Corner." Each of the lots are similar in size and use. In 1963, the Diablo Vista Water District merged with the City of Pleasant Hill (“City”) and became DVWS. Under Pleasant Hill Municipal Code section 13.20.030, the City Council establishes service charges for these water users by resolution.

Currently, residents served by DVWS pay a flat rate of $285 per year for irrigation water from April to December. The $285 fee is comprised of a $150 usage fee and a $135 capital improvement fee. The usage fee funds the DVWS Operating Fund and covers normal DVWS operating expenses. The capital improvement fee funds the DVWS Improvement Fund and finances future DVWS replacements and improvements of the water distribution system.

The usage and capital improvement fees have not increased since the 2004-05 tax year.

However, DVWS’s operating costs have increased and additional capital improvements will be required in the near future to maintain system functionality. Therefore, it is necessary to increase the usage fee and capital improvement fee.

Annual Water Rate Adjustments
Contra Costa Water District Pass Through Adjustment
Contra Costa Water District (“CCWD”) has adopted increases in the water rates that it imposes on DVWS for 2023. In order to pay for the CCWD water rate increases, DVWS is proposing to adopt an increase in the water rates, as shown in Exhibit A, and pass through to customers the CCWD charges, as described in this paragraph.. If approved, the rate increases in Exhibit A will take effect immediately. DVWS is also proposing to authorize, for a five-year period, passing through to its customers in the DVWS service area any future increases in the CCWD water charges that CCWD imposes on DVWS (“CCWD Pass Through Adjustment”). Any annual CCWD Pass Through Adjustment will affect the total water charges DVWS customers pay and may not exceed the actual cost of the CCWD charges in any year. If approved, any annual CCWD Pass Through Adjustment may be implemented for a five-year period beginning April 1, 2024 and any time thereafter through and including April 1, 2028.

10.1.a
Packet Pg. 213 Attachment: Proposition 218 Public Hearing Notice (DVWS Usage Fee Increase)

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Protest Procedure
Owners of record and tenants may submit a written protest against the proposed water rate increases, but only one written protest will be counted per identified parcel. Any written protest must include: (1) the name of the person submitting the protest and their interest in the property (i.e., owner or tenant), (2) identification of the property by either the assessor’s parcel number or street address, (3) a statement of protest (e.g., “I/we protest”) and (4) the original signature of the protesting owner or tenant. Written protests must be received by the City Clerk at 100 Gregory Lane, Pleasant Hill, CA 94523 before the close of the public hearing. Any protest not received by the close of the public hearing, regardless of date mailed or date of postmark, will not be counted. Any protest submitted via e-mail or other electronic means will not be accepted. Please identify on the front of the envelope for any written protest, whether mailed or submitted in person to the City Clerk, Attn: Public Hearing on Water Rate Increases. The City Council cannot adopt the proposed water service rate increases if, at the close of the public hearing, written protests are submitted by a majority of the water customers of record subject to the proposed water service rate increases.

There is a 120-day statute of limitations for challenging any new, increased, or extended fee or charge.

Questions
For questions about the proposed water service rate increases please contact the Maintenance Division of the City of Pleasant Hill at (925) 671-4646 or by email at [email protected] or DVWS at (925) 383-2233 or by email at [email protected]

10.1.a
Packet Pg. 214 Attachment: Proposition 218 Public Hearing Notice (DVWS Usage Fee Increase)

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Exhibit A
Maximum Water Rates
Current Rate Proposed Rate Proposed Increase
CCWD Water Charge $2.44 per 1,000 gallons $2.59 per 1,000 gallons $0.15 per 1,000 gallons $19.15
DVWS Fee $285 $410 $125

10.1.a
Packet Pg. 215 Attachment: Proposition 218 Public Hearing Notice (DVWS Usage Fee Increase) Resolution No. ___- 23

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PLEASANT HILL, CALIFORNIA ADOPTING

INCREASES TO WATER SERVICE CHARGES FOR THE

DIABLO VISTA WATER SYSTEM
WHEREAS, in 1950, the Diablo Vista Water District was formed to provide untreated canal water for irrigation to 475 homes bounded roughly by Oak Park Boulevard, the Contra Costa canal, Boyd Road and Patterson Boulevard, with each of the lots similar in size and use; and, WHEREAS, in the 1960’s, the Diablo Vista Water District merged with the City of Pleasant Hill (“City”) and became the Diablo Vista Water System (“DVWS”); and WHEREAS, DVWS purchases water from the Contra Costa Water District (“CCWD”); and,
WHEREAS, residents served by DVWS pay annual usage and capital improvement fees for irrigation water from April to December, and said fees have not increased since 2004-05, and, WHEREAS, under Pleasant Hill Municipal Code section 13.20.030, the City Council establishes service charges for these water users by resolution; and, WHEREAS, the City has determined that it is necessary to impose rate increases for its water service charges for the DVWS (collectively herein, the “Charges”); and, WHEREAS, the revenues derived from the Charges will not exceed the funds required to provide the water service and shall be used exclusively for the provision of untreated irrigation water to residents served by the DVWS; and,
WHEREAS, the Charges will not be imposed on a parcel unless the water services are actually used by, or immediately available to, the owner of the parcel; and, WHEREAS, California Constitution article XIII D, section 6 (“Article XIII D”) requires that prior to imposing any increase to the Charges, the City shall provide written notice (the “Notice”) by mail of the proposed increases to the rates for the Charges to the record owner of each parcel upon which the rate increases to the Charges are proposed for imposition and any tenant directly liable for payment of such Charges (collectively herein referred to as “customers”), the amount of the rates for the Charges proposed to be imposed on each parcel, the basis upon which the rates for the Charges were calculated, the reason for the rate increases to the Charges, and the date time and location of a public hearing (the “Hearing”) on the proposed rate increases to the Charges; and,
WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected customers not less than 45 days prior to the Hearing on the proposed rate increases; and,

10.1.b
Packet Pg. 216 Attachment: Proposed Resolution (DVWS Usage Fee Increase) WHEREAS, the City mailed the Notice in accordance with Article XIII D and the Hearing was held on this day, July 17, 2023; and,
WHEREAS, at the Hearing the City Council heard all oral testimony, and considered all written materials and written protests concerning the establishment and imposition of the proposed rate increases to the Charges, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed rate increases to the Charges from a majority of the record owners or property upon which the Charges are proposed for imposition or any tenants directly liable for the payment of the Charges (i.e., a customer of record who is not a property owner); and
WHEREAS, the City Council now desires to establish and impose the proposed Charges.

NOW THEREFORE, be it resolved by the City Council of the City of Pleasant Hill as follows:

SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Council hereby adopts the Charges for DVWS water services at the maximum rates, effective immediately, as follows:

Charge Rate
CCWD Water Charge $2.59 per 1,000 gallons
DVWS Fee $410
For the CCWD water charge, effective immediately, an increase of $19.15 (equal to $0.15 per 1,000 gallons) shall be charged against all parcels within the DVWS service area. For the DVWS Fee, effective immediately, an increase of $75 shall be charged against all parcels within the DVWS service area. For the DVWS Fee, beginning July 1, 2024, an increase of $125 shall be charged against all parcels within the DVWS service area.

SECTION 3. Beginning April 1, 2024, and annually thereafter on April 1 through and including April 1, 2028, any adjustment or increase to the maximum rate for the CCWD Charge, set forth in Section 2, shall be passed through to customers in the DVWS service area.

SECTION 4. To the extent any Charges established by this Resolution are inconsistent with any Charges previously adopted by the City Council, it is the explicit intention of the CitCouncil that the Charges adopted pursuant to this Resolution shall prevail.

SECTION 5. The City Council hereby finds that the administration, operation, maintenance, and improvements of the DVWS water system, which are to be funded by the Charges, are necessary to maintain water service within the DVWS’s existing service area. The City Council further finds that such Charges are necessary and reasonable to fund the administration, operation, maintenance, and improvements of the DVWS water system. Based on

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Packet Pg. 217 Attachment: Proposed Resolution (DVWS Usage Fee Increase) these findings, the City Council hereby determines that this Resolution is statutorily exempt from the requirements of CEQA pursuant to California Public Resources Code section 21080(b)(8) and State CEQA Guidelines section 15273(a). The documents and materials that constitute the record of proceedings on which these findings have been based are located at 100 Gregory Lane, Pleasant Hill, CA 94523. The custodian for these records is the City Clerk of the City.

SECTION 6. If any section, subsection, subdivision, sentence, clause, or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional or invalid, ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 7. This Resolution shall take effective immediately upon adoption and will remain effective unless repealed or superseded.

SECTION 8. The City Manager or his or her designee is hereby authorized to take all actions necessary to implement this Resolution.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting on July 17, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
___________________________________
JUANITA DAVALOS, Acting City Clerk

10.1.b
Packet Pg. 218 Attachment: Proposed Resolution (DVWS Usage Fee Increase) FISCAL Revenue Revenue Revenue Total OPERATING OPERATING YEAR Operating Property Taxes Interest Revenue EXPENSES (81) GAIN/LOSS 20/21 $70,500 $244,311 $320,095 $269,407 $50,688
21/22 $70,500 $263,325 $2,086 $335,910 $234,785 $101,125 22/23 $70,500 $287,428 $5,255 $363,183 $549,192 -$186,009 23/24 $70,500 $296,051 $5,360 $371,911 $282,605 $89,306 24/25 $70,500 $304,932 $5,467 $380,899 $292,106 $88,793 25/26 $70,500 $314,080 $5,576 $390,157 $314,882 $75,274 26/27 $70,500 $323,503 $5,688 $399,691 $326,329 $73,361 27/28 $70,500 $333,208 $5,801 $409,509 $351,855 $57,654 28/29 $70,500 $343,204 $5,917 $419,622 $365,643 $53,978 29/30 $70,500 $353,500 $6,036 $430,036 $394,388 $35,648 30/31 $70,500 $364,105 $6,157 $440,762 $411,001 $29,761 31/32 $70,500 $375,028 $6,280 $451,808 $443,533 $8,275
32/33 $70,500 $386,279 $6,405 $463,185 $463,564 -$379
Projected Revenue (increased by 3%) and Expenses 3%
Actual Revenue and Expenses per Finance 150

FISCAL WATER PERSONNEL & INSURANCE CITY ADMINISTRATION REPAIR & TOTAL OPERATING

YEAR STAFF TIME & UTILITIES MAINTENANCE TRANSFER IN EXPENSES 20/21 $192,729 $15,059 $21,894 $39,725 $269,407
21/22 $172,133 $22,721 $746 $26,169 $13,016 $234,785
22/23 $175,467 $26,384 $3,794 $21,008 $35,539 $287,000 $549,192 23/24 $184,240 $27,175 $3,908 $27,478 $39,803 $282,605
24/25 $193,453 $27,991 $4,025 $22,059 $44,580 $292,106
25/26 $203,125 $28,830 $4,146 $28,852 $49,929 $314,882
26/27 $213,281 $29,695 $4,270 $23,162 $55,921 $326,329
27/28 $223,945 $30,586 $4,398 $30,294 $62,631 $351,855
28/29 $235,143 $31,504 $4,530 $24,320 $70,147 $365,643
29/30 $246,900 $32,449 $4,666 $31,809 $78,565 $394,388
30/31 $259,245 $33,422 $4,806 $25,536 $87,993 $411,001
31/32 $272,207 $34,425 $4,950 $33,399 $98,552 $443,533
32/333 $285,817 $35,458 $5,099 $26,812 $110,378 $463,564

PROJECTIONS
DVWS 10 YEAR PROJECTED - REVENUE AND OPERATING EXPENSES DVWS 5 YEAR PROJECTED - OPERATING EXPENSES - FUND 81
7/13/2023

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Packet Pg. 219 Attachment: Exhibit A - 10 Year Projected Operating Revenues and Expenditures (DVWS Usage Fee Water is an increase of 5% 5.0%
Personnel is an increase of 3% 3.0%
City Staff time is an increase of 1% 3.0%
Administration & Utilities is an increase of 3% 5.0%
Repair & Maintenance is an increase of 10% 12.0%
Note: City Staff time for 21/22 is 2 months only.
7/13/2023

10.1.c
Packet Pg. 220 Attachment: Exhibit A - 10 Year Projected Operating Revenues and Expenditures (DVWS Usage Fee

EXHIBIT B
locations Priority PIPE SIZE Total Cost to Cost to Total Cost Size and Project Replaced Replaced Replace Replace to Replace Type (LF) (LF) (per ft) (per ft)
Roberta to Patterson
1 10 1,600 $317 $476 $760,800
Byron to Patterson
2 8 2,211 $292 $450 $994,950
SYSTEM UPGRADES And Capital Plan
$1,755,750
$158.50
$146.00

COST UPGRADES

DIABLO VISTA WATER SYSTEM
CIP Project Upgrades next 10 years
additional costs
incidentals (
(per ft)

10.1.d
Packet Pg. 221 Attachment: Exhibit B - 10 Year Capital Improvement Plan (DVWS Usage Fee Increase)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___ -23 AUTHORIZING THE CITY

MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE

AGREEMENT FOR PROFESSIONAL SERVICES WITH CONTRA

COSTA HEALTH SERVICES, HEALTH, HOUSING AND HOMELESS

SERVICES DIVISION TO PROVIDE HOMELESS OUTREACH

SERVICES THROUGH THE COUNTY'S COORDINATED OUTREACH,

REFERRAL, AND ENGAGEMENT (CORE) PROGRAM

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

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

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

10.2 Packet Pg. 222
Analysis
Over the past fiscal year, the Pleasant Hill-Martinez CORE team provided services to 90 homeless individuals during 537 interactions in Pleasant Hill. The CORE team also handed out 982 emergency service supply packages for the homeless living in Pleasant Hill. These rendered services would not otherwise have been possible without collaboration with CORE.

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

FISCAL IMPACT
The total project cost for the County to provide a dedicated CORE Team (20 hours per week) to the City of Pleasant Hill is $134,864 for fiscal year 2023-2024 (FY 23-24). If approved, the request is to appropriate and transfer up to $134,864 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services, otherwise any short fall will require the use of General Fund unassigned fund balance. The Budget Committee on June 14th reviewed the item and recommended the City Council approve using ARPA funds for FY 23-24.

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

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution authorizing the City Manager to execute the Sixth Amendment to Agreement for Professional Services between the City of Pleasant Hill and the Contra Costa Health Services, Health, Housing and Homeless Services Division.

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

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 – Sixth Amendment to Agreement for Professional Services Approved by: Scott Vermillion, Acting City Manager

10.2 Packet Pg. 223
RESOLUTION NO. -23

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

AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO THE

AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PLEASANT

HILL AND CONTRA COSTA HEALTH SERVICES, HEALTH, HOUSING AND

HOMELESS SERVICES DIVISION
WHEREAS, homelessness is a complex and significant issue in our community; and WHEREAS, the City of Pleasant Hill wishes to extend a joint contract for services with the City of Martinez and the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach; and
WHEREAS, the City wishes to contract with the Contra Costa County Division of Health, Housing, and Homeless Services to provide homeless outreach services for an amount not to exceed $134,864 for the 2023 – 2024 fiscal year; and
WHEREAS, as stated in Mike Moore's 24-Hour Towing v. City of San Diego (1996) 45 Cal.App.4th 1294, 1303, “[a] public entity's award of a contract, and all of the acts leading up to the award, are legislative in character. [T]he letting of contracts by a governmental entity necessarily requires an exercise of discretion guided by consideration of the public welfare.” WHEREAS, the City is empowered to award a contract that would otherwise require competitive bidding pursuant to Chapter 5.10 of the City Municipal Code without competitive bidding “where competitive proposals work an incongruity and are unavailing as affecting the final result, or where competitive proposals do not produce any advantage, or where it is practically impossible to obtain what is required and to observe such form, competitive bidding is not applicable.” (Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App. 3d 631, 636); and
WHEREAS, the City is contemplating the use of funds received in connection with the Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) to fund this contract, which requires pursuant to 2 C.F.R.§ 200.320 that at least “price or rate quotations must be obtained from an adequate number of qualified sources” for an expenditure of the size described above and compliance with 2 C.F.R. Part 200 as set forth therein; and WHEREAS, the request is to appropriate and transfer up to $134,864 from the American Rescue Plan Act (ARPA), specifically using Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services, otherwise any short fall will require the use of General Fund unassigned fund balance to cover the Pleasant Hill portion of this cost.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted to the City Manager to execute a Sixth Amendment to the Agreement (Exhibit 1) for Professional Services between the City of Pleasant Hill and Contra Costa Health Services, Health, Housing and Homeless Services Division, to provide homeless outreach services through the County’s Coordinated Outreach, Referral, and Engagement (CORE) Program, in an amount not to exceed $134,864 for the 2023-2024 Fiscal Year, and

10.2.a
Packet Pg. 224 Attachment: Proposed Resolution (CORE Agreement 23-24) BE IT FURTHER RESOLVED, that up to $134,864 is to be appropriated and transferred from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for CORE services.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
_____________________________
JUANITA DAVALOS, Acting City Clerk

10.2.a
Packet Pg. 225 Attachment: Proposed Resolution (CORE Agreement 23-24)

SIXTH AMENDMENT TO AGREEMENT BETWEEN CITY OF PLEASANT HILL AND CONTRA COSTA COUNTY,

HEALTH SERVICES DEPARTMENT ON BEHALF OF ITS HEALTH, HOUSING AND HOMELESS SERVICES

DIVISION (RE HOMELESS SERVICES)
THIS SIXTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into on July 1, 2023, by and between the City of Pleasant Hill, a California municipal corporation (hereinafter referred to as “City”) and the Contra Costa County, Health Services Department on behalf of its Health, Housing and Homeless Services Division, a political subdivision of the State of California (hereinafter referred to as “Contractor”).

RECITALS
WHEREAS, the parties entered into that certain Agreement for Professional Services dated March 1, 2017, as amended by that First Amendment dated July 1, 2018, the Second Amendment dated June 28, 2019, the Third Amendment dated July 1, 2020, the Fourth Amendment dated July 1, 2021 and the Fifth Amendment dated July 1, 2022 (as amended, the “Agreement”), under which the Contractor agreed to provide specified services for homeless persons in the City in exchange for which the City agreed to pay Contractor certain sums of money; and
WHEREAS, the parties have determined that the services provided by Contractor under the Agreement have been efficacious and beneficial to the City’s homeless population, and, thus, the parties desire to extend the Agreement’s term one more year to and including June 30, 2024.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

AGREEMENT

1. Term. The term of the Agreement shall be extended one year to and including June 30, 2024.

2. Scope of Services. Section 2 of the Original Agreement is amended to read:

1. CORE Outreach Specialists shall wear highly visible and easily recognizable CORE vests when engaged in fieldwork and during contacts.

2. Monthly and year to date statistics will be provided every month to City staff.

3. Monthly reports include Geographical Information Systems (GIS) mapping containing contact and services rendered locations for each respective jurisdiction with be provided monthly to City staff.

3. Compensation. Commencing July 1, 2023, City shall pay to Contractor, on a quarterly basis in arrears after services have been rendered and documented in each quarterly invoice on the 15th day of each quarter, at the rate of $33,716 per quarter. The total payments to Contractor shall not exceed $134,864.00 over the term of this Sixth Amendment.

10.2.b
Packet Pg. 226 Attachment: Exhibit 1 - Sixth Amendment to Agreement for Professional Services (CORE Agreement 23-24)

4. Full Force. Except as amended by this Sixth Amendment, the terms and conditions of the Agreement shall remain in full force and effect.

5. Counterparts. This Sixth Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but any number of which, taken together, shall be deemed to constitute one and the same instrument.

6. Coronavirus State and Local Fiscal Recovery Funds. Coronavirus State and Local Fiscal Recovery Funds (“SLFRF”) will be used to fund all or a portion of this Agreement. County shall comply with all federal requirements including, but not limited to, the following:

1. Sections 602 and 603 of the Social Security Act as added by Section 9901 of the American Rescue Plan Act of 2021, U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions, Treasury’s Final Rule, and SLFRF reporting requirements, as applicable (collectively, the “SLFRF Compliance Requirements”). The SLFRF Compliance Requirements are expressly incorporated herein by reference.

2. 2 C.F.R. Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, which is expressly incorporated herein by reference.

3. The “Federal Contract Provisions” document attached hereto as Exhibit “A” and incorporated herein by reference.

Subcontracts, if any, shall contain a provision making them subject to all of the provisions stipulated in the Agreement, including but not limited to, SLFRF Compliance Requirements, 2 C.F.R. Part 200, and the Federal Contract Provisions.

With respect to any conflict between such federal requirements and the terms herein and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control.

IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment as of the date and year first written above.

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA
By: ______________________ ____ By: __________________________ Name:

Name: Christy Saxon
Title: Title: Director – Health, Housing and
Homeless Services

10.2.b
Packet Pg. 227 Attachment: Exhibit 1 - Sixth Amendment to Agreement for Professional Services (CORE Agreement 23-24)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___ -23 APPROVING THE EXECUTION OF

A CONTRACT WITH AMERICAN GUARD SERVICES FOR THE
PROVISION OF CROSSING GUARD SERVICES FOR THE 2023-2024

SCHOOL YEAR

SYNOPSIS
During the school year, crossing guards are used at nine locations in Pleasant Hill to help ensure the safety of children walking to and from school. Crossing guard services in Pleasant Hill have been provided by a private vendor since 1995. The latest contract expired at the conclusion of the 2022 - 2023 school year. Staff is requesting that Council adopt a resolution approving a oneyear contract with All City Management Services in an amount not to exceed $165,192 for the 2023 - 2024 school year.

DISCUSSION
Background
The City has historically arranged for crossing guard services on streets located in close proximity to schools within the Mt. Diablo Unified School District (MDUSD). Crossing guards have primarily been placed near elementary schools as children of this age are most likely in need of the assistance of a crossing guard. All City Management Services (ACMS) satisfactorily provided crossing guard services for the City for the 2022 -2023 school year.

Analysis
It is more practical, efficient and cost effective to operate the crossing guard program through a private vendor rather than through the Police Department. The vendor coordinates the recruitment, selection, required background checks, payroll and payment of employees, and other necessary details.

Crossing guards are present one and one half hours in the morning and one and one half hours in the afternoon at nine locations during the 180 day school year. Each location is covered by a

10.3 Packet Pg. 228
single guard. The total projected hours of coverage are approximately 4,860 hours during the 2023 – 2024 school year.

The City requested quotes from the two crossing guard services in our area. ACMS) proposed a rate of $33.99 per hour for a maximum annual cost of $165,192 for the 2023-2024 school year.

Staff also requested a quote from Cross Safe for the 2023-204 school year on two occasions, but did not receive a response.

In researching nearby cities and school districts, staff found that the City of Lafayette pays for a portion of the crossing guard services for their schools. The City of Clayton pays for their crossing guard services for their schools (3 locations). The Cities of Martinez, Walnut Creek, San Ramon, Concord, Antioch, Pittsburg, Oakley and Brentwood do not pay for crossing guard services.

FISCAL IMPACT
Police Department staff inquired if the Mount Diablo Unified School District (MDUSD) could assume all or some of the fiscal responsibility for the crossing guard program in Pleasant Hill.

MDUSD advised staff that the district would be unable to allocate funding for the crossing guard program due to budget constraints. Therefore, the City should consider continuing to fund the program in order to provide safety for pedestrians at nine locations.

The total not to exceed amount for this contract is $165,192 for the 2023 – 2024 school year.

Funding for the contract will be covered by the American Rescue Plan Act (ARPA) assuming City Council elects to do so and the contractor accepts the federal procurement terms, otherwise any short fall will need to be covered by the General Fund. The Budget Committee on April 25th and June 14th discussed this item and recommend the City Council approve using ARPA funds.

RECOMMENDED CITY COUNCIL ACTION
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute a one year contract with All City Management Services (ACMS).

ALTERNATIVES TO RECOMMENDED ACTION
ACMS and Cross Safe are the two viable vendors in this area. Council could elect to have staff pursue an agreement with Cross Safe or search for another qualified vendor.

10.3 Packet Pg. 229
ATTACHMENT(S):
 Proposed Resolution
 Agreement for Professional Services
Prepared by: Jason Kleven, Operations Division Lieutenant Approved by: Scott Vermillion, Acting City Manager

10.3 Packet Pg. 230
RESOLUTION NO. -23

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

APPROVING THE EXECUTION OF A CONTRACT WITH AMERICAN GUARD SERVICES FOR THE PROVISION OF CROSSING GUARD SERVICES FOR THE 2023- 2024 SCHOOL YEAR
WHEREAS, the City of Pleasant Hill provides for school crossing guards for the safety of children going to and from schools; and
WHEREAS, proposals were solicited to provide crossing guard services for the City of Pleasant Hill for the 2023-2024 school year; and
WHEREAS, a proposal was received from All City Management Services; and WHEREAS, All City Management Services has provided a proposal that meets the criteria of the needed services;
WHEREAS, the City of Pleasant Hill wishes to contract with All City Management Services to provide crossing guard services for an amount not to exceed $165,192 for the 2023 – 2024 school year;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that authorization is granted to the City Manager to enter into an Agreement for Professional Services with All City Management Services attached hereto as Exhibit 1.

BE IT FURTHER RESOLVED, that up to $165,192 is to be appropriated and transferred from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds (SLFRF), to reimburse the City for crossing guard services.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, City Clerk

10.3.a
Packet Pg. 231 Attachment: Proposed Resolution (Crossing Guards 2023-24)

10.3.b
Packet Pg. 232 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 233 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 234 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 235 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 236 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

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Packet Pg. 237 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 238 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 239 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 240 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 241 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 242 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 243 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 244 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 245 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 246 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 247 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 248 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 249 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 250 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 251 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

10.3.b
Packet Pg. 252 Attachment: Exhibit 1 - Agreement for Professional Services (Crossing Guards 2023-24)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___ - 23 ACCEPTING BID AND AWARDING A CONSTRUCTION CONTRACT TO FRANCO ENGINEERING, INC.

FOR THE OAK PARK BOULEVARD SIDEWALK GAP CLOSURE
PROJECT NO. 04-23

SYNOPSIS
The Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will provide approximately 700 linear feet of new ADA-compliant concrete sidewalk along the north side of Oak Park Boulevard between Hook Avenue and the Pleasant Hill Library, new rectangular rapid-flashing beacons (RRFB) at two existing crosswalks, and new signage and striping. The purpose of this item is to consider acceptance of the lowest responsive, responsible bid from Franco Engineering, Inc., and seek authorization to award the construction contract.

DISCUSSION
Background
In November 2016, Pleasant Hill voters approved Measure K, a twenty-year, one-half cent transaction and use tax to address the infrastructure needs of the City. The measure generates needed revenue each year, a portion of which may be allocated to help supplement the Pedestrian/Bike Program.

The Oak Park Boulevard Sidewalk Gap Closure Project (Project) is identified as part of the FY 2022-2027 Capital Improvement Plan (CIP) (Project MK-3D), City Council had previously allocated $75,000 to fund and complete engineering design in FY 2023-2024. The City has received higher than anticipated Measure K revenues, thus allowing the City to proceed with public bidding and construction after completion of project design. On February 27, 2023, the City Council allocated an additional $730,000 for project construction and updated the CIP (Project MK-3D) budget accordingly.

Design. On March 20, 2023 City Council adopted Resolution No. 23-23, authorizing the City Manager to execute a Design Professional Services Agreement with Ruggeri-Jensen-Azar for design engineering and preparation of plans and specifications for the project.

10.4 Packet Pg. 253
Project Details. The project is in a high priority location for pedestrian and bicycle improvements based on collision history, proximity to schools, number of nearby destinations, and traffic volume. The project will connect residents to popular nearby destinations, including Pleasant Hill Middle School, Pleasant Hill Library, Pleasant Oaks Park, pedestrian walking trails, and future athletic fields.

The project will construct a new ADA-compliant concrete sidewalk, within the public right-ofway, along the north side of Oak Park Boulevard between Hook Avenue and the Library, as well as the west side of Hook Avenue, spanning approximately 700 feet along nine residential properties. The project will construct new rectangular rapid-flashing beacon (RRFB) crossings at Oak Park Boulevard / Manor Avenue and Oak Park Boulevard / Via del Sol intersections to improve pedestrian and bicycle access and visibility. The multi-faceted project will achieve the following:
 4,020 square feet of new concrete sidewalk
 798 linear feet of new concrete curb and gutter
 3 each new ADA curb ramps
 204 tons of hot mix asphalt conform
 2 each new RRFB pedestrian crosswalks
 New signage and striping improvements
 Minor storm drain modifications
This project is included in the FY 2022-2027 Capital Improvement Plan (CIP) (Project MK-3D).

The engineering design has been completed in FY 2022-2023 and construction is scheduled to be completed in FY 2023-2024.

Analysis
The Notice Inviting Bids was sent to construction exchanges on May 12, 2023 and the project was advertised in the East Bay Times newspaper on May 13, 2023. Nine (9) bids were received and publicly read on Tuesday, June 13, 2023 at 2:00 p.m. at the Engineering Division Counter at City Hall.

The lowest bidder, Norgo Engineering, Inc., formally requested to withdraw their bid on June 20, 2023 on the basis of bid error. Since, Norgo Engineering, Inc. has withdrawn their bid, the official lowest, responsive, and responsible bidder is Franco Engineering, Inc.

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 lowest responsive, responsible bid is marked in bold.

Company Total Base Bid

1. Norgo Engineering, Inc. $498,140.00

2. Franco Engineering, Inc. $503,261.00

10.4 Packet Pg. 254

3. Kerex Engineering $519,999.00

4. Sposeto Engineering, Inc. $612,565.00

5. Ghilotti Bros., Inc. $628,828.00

6. Redgwick Construction Company $638,637.00

7. Gradetech, Inc. $670,896.00

8. California Highway Construction Group, Inc. $689,200.00

9. J.J.R. Construction, Inc. $698,511.75
Average of Nine (9) Bids Received $606,610.19
Engineer’s Estimate (EE) $525,000.00
Franco Engineering, Inc.’s total base bid of $503,261.00, is 17% lower than the average base bid of $606,610.19. The president of Franco Engineering has reviewed the full bid results and verified their prices. The Contractor is ready to begin construction this summer and complete the project by fall 2023.

Franco Engineering, Inc. has successfully completed similar projects including concrete curb, gutter, sidewalk, driveways, and ADA ramps for the City of Pittsburg in 2022-2023 as well as private developers in the City of Oakland. Representatives from both clients confirmed that Franco Engineering, Inc.’s work was excellent. Staff believes the Contractor’s team has the experience and professional competency that will result in a satisfactory product for the City.

Franco Engineering, Inc.’s bid proposal documentation is complete, and staff has determined them to be 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 Franco Engineering, Inc.

FISCAL IMPACT
The project construction cost is $503,261.00. Staff recommends including a construction contingency of fifteen percent (15%) or $75,489.15. The total construction cost is not to exceed $578,750.15. Construction management will be performed by Engineering Division staff. Project funding is summarized in the table below:

Funding Sources Projected Expenses
Measure K $578,750.15 Construction Contract $503,261.00 Contingency (15%) $75,489.15
Total $578,750.15 Total $578,750.15
No General Fund money is requested for the construction of the project. Engineering Division staff has confirmed with the Finance Department that monies are available for construction of this project.

10.4 Packet Pg. 255

RECOMMENDED CITY COUNCIL ACTION
Adopt a resolution to accept the bid and award a construction contract (Agreement attached – Exhibit 1) for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, and authorize the City Manager to execute a construction contract with Franco Engineering, Inc.

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

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - Contractor Agreement
Exhibit 2 – Project Location Map
Prepared by: Omar Adina, Assistant Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Scott Vermillion, Acting City Manager

10.4 Packet Pg. 256
RESOLUTION NO. -23

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

ACCEPTING BID AND AWARDING A CONSTRUCTION CONTRACT FOR OAK PARK BOULEVARD SIDEWALK GAP CLOSURE PROJECT NO. 04-23; AND AUTHORIZING

THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH FRANCO ENGINEERING, INC.

WHEREAS, the City has adopted the FY 2022–2027 Capital Improvement Plan (CIP) which includes the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, (Project MK-3D) in the CIP) as a funded project; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will address pedestrian and bicycle safety by providing a new continuous ADA sidewalk along the north side of Oak Park Boulevard from Hook Avenue to the Pleasant Hill Library; and WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will provide new rectangular rapid-flashing beacons (RRFB) at existing crosswalks at Oak Park Boulevard/Manor Avenue and Oak Park Boulevard/Via del Sol intersections to improve pedestrian and bicycle safety, access and visibility; and
WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 will provide new signage and striping adjacent to the improvements, including Class II bike lanes; and WHEREAS, the City Council previously approved $75,000 for engineering design and on February 27, 2023, allocated $730,000 for project construction; and WHEREAS, the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23’s total construction cost is not to exceed $578,750.15, which includes $503,261.00 base bid, plus a contingency of 15 percent, or $75,489.15, to address any unforeseen conditions during construction; and
WHEREAS, the City will be utilizing $578,750.15 from the FY22/23 Oak Park Boulevard Sidewalk Gap Closure Project (Project MK-3D in the CIP) funded by Measure K for project construction; and
WHEREAS, the Zoning Administrator has determined that the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23 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 3, 2023, the Notice of Exemption was filed with the County Clerk of Contra Costa County; and

10.4.a
Packet Pg. 257 Attachment: Proposed Resolution (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate) WHEREAS, on June 13, 2023, at 2:00 p.m., Engineering staff publicly opened and examined the sealed bids for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23; and WHEREAS, on June 20, 2023, the lowest bidder, Norgo Engineering, Inc., formally requested to withdraw their bid on the basis of bid error and Franco Engineering, Inc. became the lowest bidder; and
WHEREAS, the City Engineer has determined that Franco 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. Franco Engineering, Inc.’s bid of $503,261.00 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.

2. A total project construction budget of $578,750.15, which includes the base bid price of $503,261.00 and project contingency funds in the amount of $74,489.15 (15%), is authorized by the City Council at the unit prices set forth in Franco Engineering, Inc.’s bid.

3. The City Manager is authorized to execute a construction contract with Franco Engineering, Inc. for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 17th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:

JUANITA DAVALOS, Acting City Clerk

10.4.a
Packet Pg. 258 Attachment: Proposed Resolution (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate)

10.4.b
Packet Pg. 259 Attachment: Exhibit 1 - Contractor Agreement (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate)

10.4.b
Packet Pg. 260 Attachment: Exhibit 1 - Contractor Agreement (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate)

10.4.b
Packet Pg. 261 Attachment: Exhibit 1 - Contractor Agreement (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate) EXHIBIT 2 -PROJECT LOCATION MAP

10.4.c
Packet Pg. 262
Attachment: Exhibit 2 - Project Location Map (Oak Park Boulevard Sidewalk Gap Closure Project Award Duplicate)

CITY COUNCIL STAFF REPORT
Meeting Date: July 17, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT ORDINANCE NO. ___ ENTITLED: AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF PLEASANT HILL, CALIFORNIA
ADDING SECTION 2.55.160 (ARTICLE IV) TO CHAPTER 2.55 OF TITLE 2 OF THE PLEASANT HILL MUNICIPAL CODE

ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING DISTRICT

BOUNDARIES, AND SCHEDULING ELECTIONS WITHIN THE

DISTRICTS

PURPOSE
The purpose of this item is for the City Council to select an election district map and to introduce the attached ordinance making that selection and transitioning from at-large to by-district elections, which would be effective for the November 5, 2024 General Municipal Election and beyond.

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 the Law Offices of Shenkman and Hughes on behalf of the Pleasant Hill Community Alliance, claiming the City’s current at-large election system for Councilmembers violates the California Voting Rights Act.

On March 20, 2023, the City Council held the first of four required public hearings to consider transitioning to by-district elections and to establish boundaries for election districts (two “premap” and two “post-map”). 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. Six “post-map” hearings were held on May 1, May 6, May 22, June 5, June 26 and July 10, 2023.

At the June 26, 2023 public hearing, the City Council directed Staff to prepare the attached ordinance selecting “Map 5” as the applicable districting map and election sequencing to govern the November 5, 2024 General Municipal Election and future municipal elections.

Analysis:

10.5 Packet Pg. 263
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. As noted above, the City has more than met this requirement.

Further, 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
Throughout the public hearing process, the City Council considered a total of 11 legally compliant draft maps – two submitted by the City’s demographer, and nine submitted by members of the public. Eight of the maps propose a five-district configuration while three propose a four-district configuration with an at-large elected Mayor. For further summaries analyzing the boundaries, population demographics and relative merits of each draft map, please refer to the May 22, 2023, June 5, 2023, and June 26, 2023 Council staff reports and attachments. All draft maps have been posted to the City’s website in accordance with the Elections Code.

At the June 26 public hearing, the City Council selected “Map 5”, a five-district electoral map, and directed staff to prepare an ordinance making that selection to govern the November 5, 2024 General Municipal Election and beyond. That ordinance was introduced at a Special City Council meeting held on July 10, 2023. The ordinance is attached and is presented to the Council for second reading and adoption. The ordinance includes the sequencing of elections as follows: General Municipal Election of November, 2024, Districts 1, 2, and 5; General Municipal Election of November, 2026, Districts 3 and 4.

At the last meeting, the Council also considered the possibility of placing a local measure on the ballot by no later than March 5, 2024 to allow Pleasant Hill voters to select alternative district boundaries to the Council-approved map. After further discussion, the Council decided not to pursue this option. Therefore, this language has been removed from the attached ordinance.

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, costs for publishing hearing notices in the East Bay Times are estimated at $3,200, and costs for “promoted” social media engagement is estimated at $500.

ENVIRONMENTAL REVIEW

10.5 Packet Pg. 264
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 and introducing an ordinance transitioning to by-district elections meets the above criteria and is not subject to CEQA.

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. Public Hearing Notices were published in the East Bay Times on March 15, 2023, March 29, 2023, April 12, 2023, April 26, 2023, May 17, 2023, May 31, 2023, June 21, 2023, July 5, 2023 and July 12, 2023. A news release was posted on social media, and in the City’s bi-weekly Update newsletter.

RECOMMENDED CITY COUNCIL ACTION
Staff is requesting the City Council introduce the attached ordinance transitioning the City from at-large to by-district elections and selecting “Map 5” as the applicable district map and election sequencing which would be effective for the November 5, 2024 General Municipal Election and beyond.

ATTACHMENTS:

Proposed Ordinance
Exhibit A - Map 5 Five Districts - Form with Sequencing Correspondence
Public Hearing Notice
Prepared by: Janet Coleson, City Attorney

10.5 Packet Pg. 265
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF PLEASANT HILL, CALIFORNIA ADDING SECTION

2.55.160 (ARTICLE IV) TO CHAPTER 2.55 OF TITLE 2 OF

THE PLEASANT HILL MUNICIPAL CODE

ESTABLISHING BY-DISTRICT ELECTIONS, DEFINING

DISTRICT BOUNDARIES, AND SCHEDULING

ELECTIONS WITHIN THE DISTRICTS

THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DOES ORDAIN AS FOLLOWS:

Section 1. Recitals
A. The City of Pleasant Hill currently elects five Councilmembers using an at-large election system.

B. The City Council has determined that it is in the best interest of the City to shift from its current at-large election system to a by-district election system.

C. On January 19, 2023, the City received a letter challenging the City’s current election system and asserting that the City’s at-large election system violates the California Voting Rights Act (CVRA).

D. On March 6, 2023 the City Council adopted Resolution No. 20-23, a resolution declaring the City’s intention to transition from at-large to district-based elections pursuant to Elections Code Section 10010.

E. California Government Code section 34886 permits the City Council to change the City’s method of election by ordinance, with certain formalities, to a “by-district” system in which each Councilmember is elected only by the voters in the district in which the candidate resides, or a “by-district” system with an at-large elected Mayor.

F. Pursuant to California Government Code section 34886, it is declared that the purpose of the change in the method of electing members of the City Council of the City of Pleasant Hill made by this Ordinance is to implement the guarantees of Section 7 of Article I and of Section 2 of Article II of the California Constitution, as set forth in Sections 14025 through 14032 of the California Elections Code.

G. The City engaged an expert demographic firm to assist the City with the process of analyzing the City’s population, developing draft maps, and gathering input from residents on the possible maps.

H. In accordance with Elections Code section 10010, the City Council held three “premap” public hearings to obtain input on any proposed district boundaries on March 20, 2023, April 3, 2023 and April 17, 2023.

10.5.a
Packet Pg. 266 Attachment: Proposed Ordinance (CVRA District Hearing 10) I. On May 1, 2023, the City Council held a fourth public hearing (first “post-map hearing) to begin reviewing the proposed maps and to solicit input and comment from the public.

J. On May 6, 2023, May 22, 2023, June 5, 2023 and June 26, 2023, the City Council held four further “post-map” hearings to continue reviewing the proposed maps and solicit input and comment from the public.

K. On July 10, 2023, the City Council selected a map for adoption and introduced, read by title, and waived further reading of this Ordinance.

L. The purpose of this Ordinance is to enact, pursuant to California Government Code section 34886, an ordinance providing for the election of the Members of the City Council of the City of Pleasant Hill by-district in five single-member districts as reflected in Exhibit A to this Ordinance.

Section 2. Addition to Code Section 2.55.160 (Article IV) is hereby added to Chapter 2.55 of Title 2 of the Pleasant Hill Municipal Code to read as follows:
“CHAPTER 2.55

ELECTIONS AND CAMPAIGNS

ARTICLE IV

BY-DISTRICT ELECTIONS

2.55.160. – BY-DISTRICT ELECTIONS.
(A) By-District Elections. Pursuant to California Government Code section 34886, Members of the City Council of the
City of Pleasant Hill shall be elected by-district in five (5) single-member districts.

1. Members of the City Council shall be elected in the
electoral districts established by subdivision (B) of
this Section and subsequently reapportioned as
provided by State law. Elections shall take place
“by-district” as that term is defined in California
Government Code section 34871, meaning one
Councilmember shall be elected from each district,
by the voters of that district alone.

2. A Councilmember elected or appointed to represent
a district must reside in that district and be a
registered voter in that district, and any candidate for City Council must reside in, and be a registered voter
in, the district in which he or she seeks election at the time nomination papers are issued.

10.5.a
Packet Pg. 267 Attachment: Proposed Ordinance (CVRA District Hearing 10)

3. Termination of residency in a district by a
Councilmember shall create a vacancy for that City
Council district unless a substitute residence within
the district is immediately declared and established
within thirty (30) days after the termination of
residency.

4. Notwithstanding any other provision of this Section, the Councilmembers in office at the time this Section
takes effect shall continue in office until the
expiration of the term to which he or she was elected.

Until the November 3, 2026 General Municipal
Election, in the event a vacancy in an at-large office
occurs before the expiration of the Councilmember’s
term, a person who is appointed or elected by special
election to fill such vacancy may reside anywhere
within the corporate boundaries of the City. A
person appointed or elected to fill such a vacancy
shall hold the office in accordance with State law.
(B) City Council Districts and District Elections. All five Councilmembers shall be elected on a “by-district” basis from the Council districts shown and numbered on the map titled ‘City of Pleasant Hill District Map – Map #5’
attached as Exhibit A, a copy of which shall be on file in the City Clerk’s office. In 2024, and every four years thereafter, the following three City Council districts shall be elected bydistrict: District 1; District 2; and District 5. In 2026, and every four years thereafter, the following two City Council districts shall be elected by-district: District 3 and District 4. (C) Amendment of District Boundaries. Pursuant to Elections Code section 21601, as it may be amended from time to time, the City Council shall adjust the boundaries of any or all of the districts following each decennial federal census to ensure that the districts are in compliance with all applicable provisions of law.”
Section 3. Technical District Changes. If necessary to facilitate the implementation of this Ordinance, the City Clerk is authorized to make technical adjustments to the district boundaries that do not substantively affect the populations in the districts, the eligibility of candidates, or the residence of elected officials within any district. The City Clerk shall consult with the City Manager and City Attorney concerning any technical adjustments deemed necessary and shall advise the City Council of any such adjustments required in the implementation of the districts.

Section 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof is for any reason held to be invalid, such invalidity

10.5.a
Packet Pg. 268 Attachment: Proposed Ordinance (CVRA District Hearing 10) shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council of the City of Pleasant Hill hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.

Section 5. Effective Date. This Ordinance shall take effect thirty (30) days after the date of its passage; and prior to fifteen (15) days after its passage, the City Clerk shall cause a copy of this Ordinance to be published in accordance with the provisions of the law. The City Clerk shall certify the adoption of this Ordinance.

PASSED, APPROVED, AND ADOPTED this _____ day of ______2023. ___________________________________
Timothy M. Flaherty, Mayor
ATTEST:
__________________________________
Juanita Davalos, Acting City Clerk
APPROVED AS TO FORM:
__________________________________
Janet Coleson, City Attorney

10.5.a
Packet Pg. 269 Attachment: Proposed Ordinance (CVRA District Hearing 10)

EXHIBIT A
City of Pleasant Hill District Map #5
[***INSERT MAP***]

10.5.a
Packet Pg. 270 Attachment: Proposed Ordinance (CVRA District Hearing 10)

10.5.b
Packet Pg. 271 Attachment: Exhibit A - Map 5 Five Districts - Form with Sequencing (CVRA District Hearing 10)

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 July 17, 2023, the Pleasant Hill City Council is scheduled to conduct a public hearing to receive comment from the public regarding the adoption of an ordinance 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, April 17, 2023, May 1, 2023, May 6, 2023, May 22, 2023, June 5, 2023,June 26, 2023 and scheduled a public hearing regarding the introduction of an ordinance on July 10, 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. At its meeting of June 26, 2023, the City Council directed the City Attorney to draft an ordinance to transition the City from an at-large method of electing members of the City Council to a district-based method of electing members of the City Council with Map number 5 defining the district boundaries, to be considered for introduction by the City Council at a public meeting.

The public is invited to provide input regarding the content of the ordinance. Those desiring to be heard on the item will be given an opportunity to do so during the public hearing on July 17, 2023 (7:00 p.m.).

The public hearing of July 17, 2023 will be conducted in the City Council Chamber, located at 100 Gregory Lane, Pleasant Hill, California, 94523. The agenda will be posted in advance of the meeting 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) 671-5267 at least 72 hours before the meeting. 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. _______________________________
Juanita Davalos, Acting City Clerk
Publish Date: July 12, 2023

10.5.c
Packet Pg. 272 Attachment: Notice of Public Hearings (CVRA District Hearing 10)

Pleasant Hill City CouncilJuly 17, 2023

Pleasant Hill City Council
July 17, 2023