CITY OF PLEASANT HILL
CITY COUNCIL MEETING AGENDA
AUGUST 7, 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: 841 3149 1629
Passcode: 189680
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.
City Council Meeting Agenda Page 1 August 7, 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 August 7, 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) 671-5267 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 925-671-5267.
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 August 7, 2023
5. PRESENTATIONS
5.1 Acknowledgement of Caitlyn Mehl as Honorary Mayor for a Day
5.2 Introduction of Planning Commissioner David Field
6. CITY MANAGER COMMENTS:
(Brief updates on pending City business without discussion by the City Council.)
7. COUNCIL ANNOUNCEMENTS AND REPORTS
7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted by the City of Lafayette on August 3, 2023 (B) Other Meetings Attended at City Expense
7.2 Announcements from Councilmembers
8. PUBLIC COMMENT:
The public is welcome at this time to address the City Council on items on the Consent Calendar or other items not listed on the agenda but within the Council’s jurisdiction. There is an opportunity for the public to comment on other agenda items at the time they are discussed.
Comments are limited to three minutes per speaker. To provide public comments, please see the Public Participation Options above.
9. CONSENT CALENDAR: All matters listed under “Consent Calendar” are considered by the Council to be routine and will be enacted by one motion. There will be no separate Council discussion of these items unless requested by a Councilmember prior to the time Council votes on the motion to adopt.
9.1 Approve Minutes for the Regular City Council Meeting of July 17, 2023
9.2 Approve Checks Dated: July 14, 2023; July 21, 2023; and July 28, 2023
9.3 Approve Letter of Opposition to California Senate Bill 532: San Francisco Bay Area Toll Bridges, Tolls, Transit Operating Expenses
9.4 Adopt Resolution No. ___-23 Approving the Execution of a Contract with All City Management Services for the Provision of Crossing Guard Services for the 2023-2024 School Year
10. ACTION CALENDAR
10.1 Adopt Resolution ___ -23 Authorizing the City Manager to Execute a Professional Services Agreement with First Carbon Solutions, Inc., for Environmental Compliance Monitoring for the Approved Library Project (Part of the Oak Park Properties Specific Plan)
10.2 Adopt Resolution No. ___-23 Authorizing the City Manager to Execute a Grant Agreement with the Federal Highway Administration for $300,000 and Approving the Appropriation for the 2022-2023 Safe Streets and Roads for All (SS4A) Comprehensive Action Plan Project and Project Transfers for Required Local Match Funds from Measure K Funds City Council Meeting Agenda Page 4 August 7, 2023
10.3 Public Hearing and Introduce Ordinance No. ___ Amending Pleasant Hill Municipal Code Section 5.05.240, Business Licenses, Section 18.15.040, Commercial Use Classifications, Section 18.15.070, Temporary Use Classifications, Section 18.20.020, Land Use Regulations for all Residential Districts, Section 18.20.030, Development Regulations in all Residential Districts, Section 18.20.040, Additional Development Regulations for all Residential Districts, Section
18.25.020, Land Use Regulations for all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial Districts, Section 18.25.030, Development Regulations in all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial District, Section 18.25.040, Additional Development Regulations for all Commercial, Retail Business, Neighborhood Business, Office and Light Industrial Districts, Section 18.50.110, Tree Preservation, Section 18.55.030, Off-Street Parking and Loading Spaces Required, Section
18.55.070, Electric Vehicle Parking, Chapter 18.60, Signs, Section 18.65.030, Restoration of Non-Conforming Structures, Section 18.85.010, Zoning Permit Applicability, Section
18.115.020, Architectural Review Permit Approval Authority, & Section 18.140.010, Definitions Exempt pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Ace (CEQA)
10.4 Adopt Resolution No. ___-23 Accepting the 2022 Street Resurfacing Project No. PSC-01-22 as Complete and Authorizing the Public Works Manager to Issue and Record a Notice of Completion
Exempt from CEQA, pursuant to CEQA Guidelines section 15301 - Minor Alteration to Existing Facilities
11. ADJOURNMENT
Next City Council Meeting: September 11, 2023
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JULY 17, 2023
RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.
ATTACHMENT(S):
July 17 2023 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder
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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
July 17, 2023
City Council Meeting Minutes Page 1 July 17, 2023
Mayor Flaherty called a Regular Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting was a hybrid of both in person and teleconferenced attendees. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on July 13, 2023, by Deputy City Clerk Juanita Davalos.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Attendee Name Title Status
Timothy M. Flaherty Mayor Present
Matthew Rinn Vice Mayor Present
Sue Noack Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present
4. CLOSED SESSION REPORT
Mayor Flaherty reported that there were no closed sessions and there is nothing to report.
5. PRESENTATIONS
5.1 Introduction of Planning Commissioner Darien Key and Reappointed Commissioner Diana Vavrek
Mayor Flaherty introduced Darien Key, the new Planning Commissioner. Mayor Flaherty introduced Diana Vavrek, the reappointed Planning Commissioner.
6. CITY MANAGER COMMENTS
Police Chief Scott Vermillion and Acting City Manager, reported that:
The Fourth of July celebration events were well attended and successful; and National Night Out will be held on August 1, 2023.
7. COUNCIL ANNOUNCEMENTS AND REPORTS
7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense (A) Contra Costa Mayors Conference Hosted by the Town of Moraga on July 6, 2023 Mayor Flaherty reported that he attended the Contra Costa Mayors Conference along with Vice Mayor Rinn and Councilmember Shess. Vice Mayor Rinn provided a brief summary of the discussion topics.
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Attachment: July 17 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 2 July 17, 2023
(B) Other Meetings Attended at City Expense
None
7.2 Announcements from Councilmembers
Councilmember Vinson reported his attendance at the Fourth of July events; and the Blues and Brews Festival.
Councilmember Noack reported her attendance at the Fourth of July events; Khalood Jamil’s childcare graduation party; the Pleasant Hill Chamber of Commerce mixer at Rodgers Ranch; and a comedy show at Rodgers Ranch. Councilmember Noack announced that former College Park High School graduate Christian Encarnacion-Strand made his debut as a Cincinnati Reds professional baseball player.
Councilmember Shess reported his attendance at the Fourth of July events; the Blues and Brews Festival; and the retirement party for former City Manager June Catalano.
Vice Mayor Rinn reported his attendance at the Fourth of July events and the Blues and Brews Festival. Vice Mayor Rinn announced that a Summer Concert at the Lake will be held on Sunday, July 23, 2023.
Mayor Flaherty reported his attendance at the Fourth of July events; the Blues and Brews Festival; and June Catalano’s retirement party. Mayor Flaherty also acknowledged Christian Encarnacion-Strand’s debut as a Cincinnati Reds player.
8. PUBLIC COMMENT
Mayor Flaherty opened public comment.
The following member of the public appeared in person to provide a comment:
Khalood Jamil
Mayor Flaherty closed public comment.
9. CONSENT CALENDAR
Motion (Noack/Rinn) to Approve all consent items, carried as follows:
AYES: Noack, Rinn, Shess, Vinson, Flaherty
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Attachment: July 17 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 3 July 17, 2023
9.1 Approve Minutes for the Regular City Council Meeting of June 26, 2023 and the Special City Council Meeting of July 10, 2023
9.2 Approve Checks Dated: June 23, 2023; June 30, 2023 and July 7, 2023.
9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC
9.4 Adopt Resolution No. 54-23 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding Between the City of Pleasant Hill and the Pleasant Hill Police Association
9.5 Approve Appointment Recommendation to the Diversity Commission
9.6 Adopt Resolution No. 55-23 Approving and Adopting Designated Alternates to Serve as Standby Officers to Allow the City Council to Reconstitute Itself in the Event of Emergency-Caused Vacancies and Rescinding Resolution No. 11-23
9.7 Adopt Resolution No. 56-23 to Support Local, State and Federal Efforts to Exonerate the Port Chicago 50
10. ACTION CALENDAR
10.1 Public Hearing and if no Majority Protest is Filed Adopt Resolution No.57-23 Approving Increases to Water Service Charges for the Diablo Vista Water System Janet Coleson, City Attorney, explained the requirements of Proposition 218 and the purpose of the public hearing to approve increases in water service charges for the Diablo Vista Water System.
Ann James, Public Works Manager, delivered a presentation on the services provided by the Diablo Vista Water System and the necessity of the proposed service charge increases.
Gaston Habets, Diablo Valley Water System, made some clarifications.
Mayor Flaherty opened the public hearing
No one from the public spoke on the item.
Mayor Flaherty closed the public hearing.
Carol Wu, City Clerk, reported that the City received three written protest letters regarding the water services charges. Ms. Wu announced that a majority protest did not exist to the proposed water service charges.
Motion (Noack/Vinson) to Approve item 10.1, carried as follows:
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Attachment: July 17 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 4 July 17, 2023
AYES: Noack, Rinn, Shess, Vinson, Flaherty
10.2 Adopt Resolution No. 58-23 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
Police Captain Matt Kristic introduced item 10.2.
Jenny Robbins, LCSW, Contra Costa Health, Housing and Homeless Services, delivered a presentation on the goals, successes, and challenges of the County’s CORE program.
No one from the public spoke on the item.
Motion (Noack/Rinn) to Approve item 10.2, carried as follows:
AYES: Noack, Rinn, Shess, Vinson, Flaherty
10.3 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
Police Lieutenant Jason Kleven, provided an update on the crossing guard services provided by All City Management Services and the costs involved. Lt. Kleven explained the fiscal impact to the City and the source of funding.
Mayor Flaherty remarked on the difference of company names used in the item title, the contract and proposed resolution. Mayor Flaherty sought clarification from Janet Coleson, City Attorney.
Ms. Coleson responded that the contract would be with All City Management Services and not American Guard Services. Ms. Coleson recommended continuance of the item to the next City Council meeting to correct errors.
No one from the public spoke on the item.
Item 10.3 is continued to August 7, 2023.
10.4 Adopt Resolution No. 59 - 23 Accepting Bid and Awarding a Construction Contract to Franco Engineering, Inc. for the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23
Omar Adina, Assistant Engineer, delivered a presentation on the Oak Park Boulevard Sidewalk Gap Closure Project No. 04-23, the bidding process, and the financial impact to the City.
No one from the public spoke on the item.
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Attachment: July 17 2023 Tentative Minutes (Minutes)
City Council Meeting Minutes Page 5 July 17, 2023
Motion (Noack/Vinson) to Approve item 10.4, carried as follows:
AYES: Noack, Rinn, Shess, Vinson, Flaherty
10.5 Adopt Ordinance No. 963 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 Janet Coleson, City Attorney, introduced the item and explained the steps taken to reach the adoption of the proposed ordinance. Ms. Coleson summarized the discussion from the last public meeting regarding selection of “Map 5” as the applicable district map and election sequencing to be effective from the November 5, 2024 General Municipal Election and beyond.
The following member of the public appeared in person provide a comment:
Bob Kattenburg
Motion (Noack/Vinson) to Approve item 10.5, carried as follows:
AYES: Noack, Shess, Vinson, Flaherty
NOES: Rinn
11. ADJOURNMENT
Mayor Flaherty adjourned the meeting at 8:57 p.m. The next Regular City Council meeting will be held on Monday, August 7, 2023, beginning at 7:00 p.m.
CAROL W. WU, CITY CLERK RECORDER
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Attachment: July 17 2023 Tentative Minutes (Minutes)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JULY 14, 2023; JULY 21, 2023; AND JULY 28, 2023
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Ross Yangwas, Administrative Analyst II
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: Mayor Timothy M. Flaherty
DATE: August 7, 2023
SUBJECT: Approve Letter of Opposition to California Senate Bill 532: San Francisco Bay Area Toll Bridges, Tolls, Transit Operating Expenses
Please review and consider adoption of the attached letter in opposition of Senate Bill 532 to raise tolls on the seven state-owned Bay Area bridges.
ATTACHMENT(S):
Letter of Opposition to Senate Bill 532
Senate Bill 532 Legislative Text
SF Chronicle News Story on Senate Bill 532
ATTACHMENT(S):
Letter of Opposition to Senate Bill 532
Senate Bill 532 Legislative Text
SF Chronicle News Story on Senate Bill 532
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Mayor and Council
100 Gregory Lane, Pleasant Hill, CA 94523-3323 – (925) 671-5270 www.pleasanthillca.org
August 7, 2023
State Senator Scott Wiener
Capitol Office
1021 O Street, Suite 8620
Sacramento, CA 95814-4900
District Office
455 Golden Gate Avenue, Suite 14800
San Francisco, CA 94102
RE: Opposition to Senate Bill 532: San Francisco Bay Area Toll Bridges, Tolls, Transit Operating Expenses
Dear Senator Wiener:
The City of Pleasant Hill City Council and I must respectfully oppose Senate Bill 532, which would raise tolls on the seven state-owned Bay Area bridges by $1.50 to fund transit operations effective January 1, 2024 through December 31, 2028.
Bridge tolls are already costly and are set to increase to $8.00 in 2025, as required by Regional Measure 3 that voters approved in 2018 when tolls were $5.00. The tolls are overwhelmingly paid for by non-San Francisco residents, but the funds would inequitably and largely fund Muni and BART operations into San Francisco, which may not serve the toll payers’ commute corridors.
Senate Bill 532 would bypass the voters to levy a bridge toll increase on the commuters who can least afford it. In a post-pandemic world, those who continue to drive across our bridges and pay tolls are statistically lower income, have lower levels of education, and are disproportionately people of color. Many of those who cross our bridges can neither work remotely from home nor reasonably take transit, and the cost of providing transit to them would be prohibitively expensive.
The City of Pleasant Hill City Council acknowledges the onset of the COVID-19 pandemic caused a steep decline in public transit ridership and revenue. The federal government stepped in to provide $4.4 billion in emergency relief funds to Bay Area transit operators, which allowed agencies to continue to deliver transit services over the past three years. In addition, recognizing that transit operators must exhaust those federal relief funds in the coming years, and in response to this fiscal crisis facing the agencies, the Newsom Administration and State Legislature restored $5.1 billion of transit capital and operating funding – including $1.1 billion of new funding – in
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Attachment: Letter of Opposition to Senate Bill 532 (Letter Opposing SB 532) this year’s state budget. These funds give transit agencies across the state more time to recover ridership and make adjustments to adapt to post-pandemic travel patterns. The entire $5.1 billion was made flexible to be used to cover operating shortfalls, and all together, allows transit to avoid any fiscal cliffs until 2027.
The state budget relief package provided the region valuable time to maintain service while transit agencies find ways to operate more efficiently, collect fares from existing riders, and provide a more attractive service to build ridership and revenue. The Bay Area should observe how transit agencies use the relief funding to improve their services in response to rider concerns before the region reevaluates the need for new revenue options.
For these reasons, the City of Pleasant Hill opposes Senate Bill 532.
Sincerely,
Timothy M. Flaherty
Mayor
cc: The Honorable Bill Dodd, Senator
The Honorable Timothy S. Grayson, Assembly Member
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Attachment: Letter of Opposition to Senate Bill 532 (Letter Opposing SB 532) AMENDED IN ASSEMBLY JUNE 29, 2023
AMENDED IN ASSEMBLY JUNE 22, 2023
AMENDED IN SENATE MAY 18, 2023
AMENDED IN SENATE APRIL 25, 2023
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 30, 2023
SENATE BILL No. 532
Introduced by Senator Wiener
(Principal coauthors: Senators Becker and Cortese)
(Principal coauthors: Assembly Members Bonta, Haney, Lee, Ting, and Wicks)
February 14, 2023
An act to amend Sections 30911, 30916, and 30920 of, and to add Section 30914.8 to, the Streets and Highways Code, and to amend Section 40258 of Vehicle Code, relating to transportation, and making an appropriation therefor.
legislative counsel’s digest
SB 532, as amended, Wiener. San Francisco Bay area toll bridges:
toll increase: tolls: transit operating expenses.
Existing law creates the Metropolitan Transportation Commission (MTC) as a regional agency in the 9-county San Francisco Bay area with comprehensive regional transportation planning and other related responsibilities. Existing law creates the Bay Area Toll Authority (BATA) as a separate entity governed by the same governing board as MTC and makes BATA responsible for the administration of toll
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) revenues from the state-owned toll bridges in the San Francisco Bay area. Existing law requires the Department of Transportation to collect tolls on these state-owned toll bridges. Existing law requires those toll revenues to be deposited in the Bay Area Toll Account and requires BATA to control and maintain that account, as specified.
This bill would, until December 31, 2028, require BATA to increase the toll rate for vehicles for crossing the state-owned toll bridges in the San Francisco Bay area by $1.50, as adjusted for inflation. The bill would require the revenues collected from this toll to be deposited in the Bay Area Toll Account, would continuously appropriate moneys from this toll increase and other specified tolls, and would require moneys from this toll to be transferred to MTC for allocation to transit operators that provide service within the San Francisco Bay area and that are experiencing a financial shortfall, as specified. The bill would direct MTC to require each transit operator eligible to receive an allocation from the account to, on an annual basis, submit a 5-year projection of its operating needs, as specified.
To the extent this bill would mandate that MTC or a transit operator provide a new program or higher level of service, the bill would impose a state-mandated local program.
Existing law, beginning July 1, 2024, prohibits a schedule of toll evasion penalties for a toll evasion violation on a toll bridge from exceeding $25 for the notice of toll evasion violation and $50 for the notice of delinquent toll evasion violation, as specified.
This bill, beginning July 1, 2024, would decrease the maximum amount of penalties that can be included in a schedule of toll evasion penalties for a toll evasion violation on a San Francisco Bay area state-owned toll bridge to instead be $5 for the notice of toll evasion violation and $10 for the notice of delinquent toll evasion violation, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: 2⁄3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: yes.
93 SB 532 — 2 —
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) The people of the State of California do enact as follows:
line 1 SECTION 1. This act shall be known, and may be cited, as the line 2 Safe, Clean, and Reliable Bay Area Public Transportation line 3 Emergency Act.
line 4 SEC. 2. It is the intent of the Legislature to enact future line 5 legislation to require the Metropolitan Transportation Commission line 6 to study, design, and implement an equity-based program to line 7 mitigate the impacts of the $1.50 toll increase required by this act line 8 within two years of the effective date of this act. It is the intent of line 9 the Legislature that the commission would establish the line 10 equity-based program in a manner that is operationally feasible, line 11 financially practicable, and effective, and that the commission line 12 would consider including discounts, toll caps, and toll exemptions line 13 as part of the program.
line 14 SEC. 2.
line 15 SEC. 3. Section 30911 of the Streets and Highways Code is line 16 amended to read:
line 17 30911. (a) The authority shall control and maintain the Bay line 18 Area Toll Account and other subaccounts it deems necessary and line 19 appropriate to document toll revenue and operating expenditures line 20 in accordance with generally accepted accounting principles. line 21 (b) (1) After providing for expenditures pursuant to subdivision line 22 (a) of Section 30912 and for operating assistance pursuant to line 23 subdivision (d) of Section 30914 and subdivision (c) of Section line 24 30914.7 and after the requirements of any bond resolution or line 25 indenture of the authority for any outstanding revenue bonds have line 26 been met, the authority shall transfer on a regularly scheduled basis line 27 as set forth in the authority’s annual budget resolution, the revenues line 28 defined in subdivision (b) of Section 30913 and Sections 30914, line 29 30914.7, and 30914.8 to the commission. The funds transferred line 30 are continuously appropriated to the commission to expend for the line 31 purposes specified in subdivision (b) of Section 30913 and Sections line 32 30914, 30914.7, and 30914.8. After the commission makes a line 33 determination that the projects and programs funded by the line 34 commission have been completed, the revenues transferred to the line 35 commission shall be expended by the commission for supplemental line 36 funding for the projects and programs identified in subdivision (a) line 37 of Section 30914.7 if the voters approve a toll increase authorized line 38 pursuant to Section 30923.
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) line 1 (2) For purposes of paragraph (1), the revenues defined in line 2 subdivision (b) of Section 30913 and subdivision (a) of Section line 3 30914 include all revenues accruing since January 1, 1989. line 4 SEC. 3.
line 5 SEC. 4. Section 30914.8 is added to the Streets and Highways line 6 Code, to read:
line 7 30914.8. (a) The Metropolitan Transportation Commission line 8 shall, from proceeds of the toll imposed pursuant to subdivision line 9 (f) of Section 30916 and transferred pursuant to Section 30911, line 10 provide funding to transit operators that provide service within the line 11 commission’s geographic jurisdiction and that are experiencing a line 12 financial shortfall. A transit operator shall only be eligible to line 13 receive an allocation pursuant to this section if it operates line 14 fixed-route public transit services services, including by bus, rail, line 15 or ferry, within the commission’s geographic jurisdiction and does line 16 not directly receive the majority of its revenues from the Golden line 17 Gate Bridge, Highway, and Transportation District. line 18 (b) The commission shall annually distribute at least 90 percent line 19 of the revenues described in subdivision (a) to eligible transit line 20 operators in order to avoid service cuts and maintain operations, line 21 including safety, security, reliability, or cleanliness services and line 22 improvements. The commission may only allocate funds pursuant line 23 to this subdivision to a transit operator after it makes a line 24 determination that the funds are necessary to avoid service cuts line 25 relative to service levels provided by that transit operator during line 26 2022–23 fiscal year. In providing allocations pursuant to this line 27 subdivision, the commission shall prioritize averting service cuts line 28 for transit operators that serve the highest number of transit riders. line 29 The commission shall also take into consideration the extent of line 30 local funding to support transit service and may also consider line 31 operator fares and other sources of revenue.
line 32 (c) The commission shall annually distribute no more than 10 line 33 percent of the revenues described in subdivision (a) to assist line 34 eligible transit operators with restoring or reconfiguring service line 35 above levels provided during the 2022–23 fiscal year or for the line 36 purpose of funding initiatives to transform transit service pursuant line 37 to the commission’s adopted Transit Transformation Action Plan, line 38 or to make specific safety, security, reliability, or cleanliness line 39 improvements.
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) line 1 (d) The commission shall require each transit operator eligible line 2 to receive an allocation pursuant to this section to, on an annual line 3 basis, submit a five-year projection of its operating needs. This line 4 projection of operating needs shall be based on standardized line 5 assumptions and guidance developed by the commission in line 6 collaboration with transit operators. The commission may line 7 reasonably audit, request revision to, or directly amend operating line 8 needs projections if appropriate or necessary to ensure consistency line 9 of assumptions and fairness across transit operators. line 10 SEC. 4.
line 11 SEC. 5. Section 30916 of the Streets and Highways Code is line 12 amended to read:
line 13 30916. (a) The base toll rate for vehicles crossing the line 14 state-owned toll bridges within the geographic jurisdiction of the line 15 commission as of January 1, 2003, is as follows:
line 16
line 17 Number of Axles Toll
line 18 Two axles $ 1.00
line 19 Three axles 3.00
line 20 Four axles 5.25
line 21 Five axles 8.25
line 22 Six axles 9.00
line 23 Seven axles & more 10.50
line 24
line 25 (b) If the voters approve a toll increase, pursuant to Section line 26 30921, commencing July 1, 2004, the base toll rate for vehicles line 27 crossing the bridges described in subdivision (a) is as follows:
line 28
line 29 Number of axles Toll
line 30 Two axles $ 2.00
line 31 Three axles 4.00
line 32 Four axles 6.25
line 33 Five axles 9.25
line 34 Six axles 10.00
line 35 Seven axles & more 11.50
line 36
line 37 (c) (1) If the voters approve a toll increase, pursuant to Section line 38 30923, the authority shall increase the base toll rate for vehicles line 39 crossing the bridges described in subdivision (a) from the toll rates line 40 then in effect by the amount approved by the voters pursuant to 93 — 5 — SB 532
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) line 1 Section 30923. The authority may, beginning six months after the line 2 election approving the toll increase, phase in the toll increase over line 3 a period of time and may adjust the toll increase for inflation based line 4 on the California Consumer Price Index after the toll increase has line 5 been phased in completely.
line 6 (2) Revenue generated from the adjustment of the toll to account line 7 for inflation pursuant to paragraph (1) may be expended for the line 8 following purposes:
line 9 (A) Bridge maintenance and rehabilitation necessary to preserve, line 10 protect, and replace the bridge structures consistent with line 11 subdivision (b) of Section 30950.3.
line 12 (B) Supplemental funding for the projects and programs line 13 authorized pursuant to subdivision (a) of Section 30914.7. line 14 (d) The authority shall increase the amount of the toll only if line 15 required to meet its obligations on any bonds or to satisfy its line 16 covenants under any bond resolution or indenture. The authority line 17 shall hold a public hearing before adopting a toll schedule reflecting line 18 the increased toll charge.
line 19 (e) Nothing in this section shall be construed to prohibit the line 20 adoption of either a discounted commute rate for two-axle vehicles line 21 or of special provisions for high-occupancy vehicles under terms line 22 and conditions prescribed by the authority in consultation with the line 23 department.
line 24 (f) (1) Beginning January 1, 2024, and until December 31, line 25 2028, the authority shall increase the base toll rate for vehicles line 26 crossing the bridges described in subdivision (a) from the toll rates line 27 then in effect by one dollar and fifty cents ($1.50). line 28 (2) The authority shall adjust the toll increase imposed pursuant line 29 to paragraph (1) on an annual basis for inflation based on the line 30 California Consumer Price Index.
line 31 (3) Notwithstanding Section 30918, the toll increase imposed line 32 pursuant to paragraph (1) shall not be reduced without statutory line 33 authorization by the Legislature.
line 34 (4) This subdivision shall become inoperative on January 1, line 35 2029.
line 36 SEC. 5.
line 37 SEC. 6. Section 30920 of the Streets and Highways Code is line 38 amended to read:
line 39 30920. The authority may issue toll bridge revenue bonds to line 40 finance any or all of the projects and purposes, including those 93 SB 532 — 6 —
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) line 1 specified in Sections 30913, 30914, 30914.7, and 30914.8, if the line 2 issuance of the bonds does not adversely affect the minimum line 3 amount of toll revenue proceeds designated in Section 30913 and line 4 in paragraph (4) of subdivision (a) of, and subdivision (b) of, line 5 Section 30914 for rail extension and improvement projects and line 6 transit projects to reduce vehicular traffic. A determination of the line 7 authority that a specific project or projects or purposes shall have line 8 no adverse effect will be binding and conclusive in all respects. line 9 SEC. 7. Section 40258 of the Vehicle Code, as added by Section line 10 13 of Chapter 969 of the Statutes of 2022, is amended to read:
line 11 40258. (a) (1) The schedule of toll evasion penalties for a toll line 12 evasion violation on a toll bridge shall not exceed twenty-five line 13 dollars ($25) for the notice of toll evasion violation, and shall not line 14 exceed fifty dollars ($50) for the notice of delinquent toll evasion line 15 violation for a cumulative total of fifty dollars ($50) for each line 16 individual toll evasion violation.
line 17 (2) Notwithstanding paragraph (1), the schedule of toll evasion line 18 penalties for a toll evasion violation on a San Francisco Bay area line 19 state-owned toll bridge shall not exceed five dollars ($5) for the line 20 notice of toll evasion violation, and shall not exceed ten dollars line 21 ($10) for the notice of delinquent toll evasion violation for a line 22 cumulative total of fifteen dollars ($15) for each individual toll line 23 evasion violation. For purposes of this paragraph, “San Francisco line 24 Bay area state-owned toll bridge” means any of the toll bridges line 25 described in Section 30910 of the Streets and Highways Code. line 26 (2)
line 27 (3) Notwithstanding paragraph (1), paragraphs (1) and (2), the line 28 schedule of toll evasion penalties may include any administrative line 29 fee, fine, or assessment imposed by the state after enactment of line 30 this chapter in addition to the cumulative fifty-dollar ($50) limit line 31 per each individual toll evasion violation.
line 32 (b) If the registered owner, by appearance or by mail, makes line 33 payment to the processing agency within 15 days of the mailing line 34 of the notice of toll evasion violation issued pursuant to subdivision line 35 (a) of Section 40254 for a bridge toll evasion, the amount owed line 36 shall consist of the amount of the toll without any additional line 37 penalties, administrative fees, or charges.
line 38 (c) The maximum penalty for each toll evasion violation line 39 included in a notice of toll evasion for either a toll highway, toll line 40 road, or express lane shall be sixty dollars ($60). The maximum 93 — 7 — SB 532
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) line 1 cumulative toll evasion penalty shall not exceed one hundred line 2 dollars ($100) for each individual toll evasion violation. line 3 (d) Toll evasion penalties under this article shall be collected line 4 as civil penalties.
line 5 (e) The amounts specified in this section may be adjusted line 6 periodically by an issuing agency at a rate not to exceed any line 7 increase in the California Consumer Price Index as compiled and line 8 reported by the Department of Industrial Relations. line 9 (f) An issuing agency shall waive the toll evasion penalty for a line 10 first violation with the issuing agency if the person contacts, as line 11 applicable, the issuing or processing agency customer service line 12 center within 21 days from the mailing of the notice of toll evasion line 13 violation, and the person is not currently an accountholder with line 14 the issuing agency, signs up for an account, and pays the line 15 outstanding toll.
line 16 (g) This section shall become operative on July 1, 2024. line 17 SEC. 6.
line 18 SEC. 8. If the Commission on State Mandates determines that line 19 this act contains costs mandated by the state, reimbursement to line 20 local agencies and school districts for those costs shall be made line 21 pursuant to Part 7 (commencing with Section 17500) of Division line 22 4 of Title 2 of the Government Code.
O
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Attachment: Senate Bill 532 Legislative Text (Letter Opposing SB 532) SF Chronicle
BAY AREA
These Bay Area lawmakers oppose raising bridge toll fees to bail out BART, transit. Here’s why
Ricardo Cano
July 2, 2023
Cars and trucks approach the Bay Bridge toll plaza in Oakland. Tolls at seven Bay Area bridges would increase if Senate Bill 532 is approved. Noah Berger/Special to The Chronicle Several Bay Area lawmakers say they don’t support a bill that would temporarily raise tolls on seven state-owned bridges to give BART and other transit agencies more money to avoid service cuts.
That’s the main aim of Senate Bill 532 by San Francisco state Sen. Scott Wiener, unveiled June
23. The proposal, if passed by two-thirds of the Legislature and signed by Gov. Gavin Newsom,
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Attachment: SF Chronicle News Story on Senate Bill 532 (Letter Opposing SB 532) would increase bridge tolls by $1.50 — resulting in $9.50 tolls through 2028 — to raise $900 million for regional transit agencies struggling to recover riders after the pandemic.
BART and other Bay Area operators projecting “fiscal cliffs” will receive about $400 million of the $1.1 billion subsidy transit agencies won in California’s budget. But transit officials say that money isn’t enough to rescue them from ballooning deficits starting in 2026, and, without additional funding, would still have to consider steep service cuts.
Seven Bay Area legislators signed on as coauthors to Wiener’s bill, including Assembly Members Phil Ting and Matt Haney of San Francisco and Buffy Wicks and Mia Bonta of Oakland.
However, at least six Bay Area lawmakers representing constituents who would be most affected by the toll increases told The Chronicle they oppose SB532. “I think it is regressive, inequitable and doesn’t force the kind of accountability that we need on our transit agencies,” Assembly Member Rebecca Bauer-Kahan, D-Orinda, said of the proposed toll increase. “We need our transit agencies to get to a place where they are sustainable … and they are looking to us to just bail them out indefinitely, and I don’t think that’s the right thing.” The Chronicle reached out to Bay Area lawmakers who weren’t already signed on as SB532’s co-authors to inquire about their position on the bill.
The six Democratic lawmakers in opposition represent districts outside the Bay Area’s urban core. Along with Bauer-Kahan, they are state Sens. Bill Dodd of Napa and Steve Glazer of Orinda, as well as Assembly Members Timothy Grayson of Concord, Damon Connolly of San Rafael and Lori Wilson of Suisun City.
Spokespeople for state Sens. Nancy Skinner, D-Berkeley, and John Laird, D-Santa Cruz, said they haven’t decided their position on the bill.
Sen. Aisha Wahab, D-Hayward, said in a statement that she is in favor of more transit funding to shield transit-dependent residents from service cuts, but wants lawmakers to consider more accountability measures with “a focus on integration, streamlining and consolidation” of Bay Area agencies.
Nine other Bay Area lawmakers did not respond to The Chronicle’s inquiries.
Legislators who responded to inquiries offered varying reasons for their opposition, though the disproportionate impact to commuters in their districts emerged as a common theme. “It’s primarily drivers in my district that (Wiener’s) asking to open their pocketbooks up to BART and other regional transportation agencies again,” Grayson said. “I think we need to focus on ensuring the $1.1 billion we just approved through the budget is spent prudently by agencies across the state.”
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Attachment: SF Chronicle News Story on Senate Bill 532 (Letter Opposing SB 532) Transit officials and advocates support Wiener’s bill and say the toll increases would give agencies financial security before they plan to ask local voters to pass a tax increase in 2026. “This is so important for our future. Transit is not optional,” Wiener said at a Sacramento news conference last week, surrounded by transit advocates and supportive lawmakers. “I think for anyone who’s thinking about this, the question that you need to ask yourself is, will the Bay Area be a better place or a worse place if we see massive transit service cuts?” BART’s Board of Directors voted 7-2 at a special meeting Friday to endorse Wiener’s bill. Of the Bay Area’s 27 transit agencies, BART is the most financially imperiled because of its heavy reliance on fares.
“We need to really support any efforts to bring revenue to this agency,” BART Director Rebecca Saltzman said. “Because if we don’t, we know what’s on the line. We know we’re going to have to make awful cuts to service.”
Drivers would pay the higher toll on seven bridges: San Francisco-Oakland Bay Bridge, San Mateo-Hayward Bridge, Richmond-San Rafael Bridge, Dumbarton Bridge, Carquinez Bridge, Benicia-Martinez Bridge and Antioch Bridge.
If it becomes law, bridge tolls for most vehicles would go up from $7 to $8.50 in 2024. Tolls are already scheduled to go up by $1 in 2025 as part of voters’ 2018 approval of Regional Measure 3, which pays for transit and highway infrastructure projects.
The potential $9.50 toll rate would be almost double what it cost to drive on state-owned bridges in 2018, when tolls were $5.
Like other legislators, Dodd said he wants to see that BART and other transit agencies would be held accountable for their spending. The proposed increases would especially affect residents in his Wine Country district, Dodd said, who will also be tolled driving on Highway 37 later this decade.
“I think it lets the (Newsom) administration off the hook,” Dodd said of the bill. “And I think it lets legislators off the hook in terms of working harder to get what we need to keep these transit operations running.”
SB532 will be heard in the Senate Transportation Committee on Wednesday. The legislation is a “gut and amend” bill, meaning its original contents were entirely amended. State lawmakers sometimes use this method as a way to introduce a new bill later in a session after the Legislature’s official deadline.
“This is a measure that circumvents the voters of the Bay Area,” Glazer said.
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Attachment: SF Chronicle News Story on Senate Bill 532 (Letter Opposing SB 532)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 APPROVING THE EXECUTION OF
A CONTRACT WITH ALL CITY MANAGEMENT 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 single guard. The total projected hours of coverage are approximately 4,860 hours during the 2023 – 2024 school year.
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Staff 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 Mt. 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 will need to continue 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.
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 adopt the attached resolution authorizing the City Manager to execute a one year contract with All City Management Services.
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.
ATTACHMENT(S):
Proposed Resolution
Agreement for Professional Services
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Prepared by: Jason Kleven, Operations Division Lieutenant Reviewed by: Scott Vermillion, Chief of Police
Approved by: Ethan Bindernagel, City Manager
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RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING THE EXECUTION OF A CONTRACT WITH ALL CITY MANAGEMENT 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 7
th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk
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Attachment: Proposed Resolution (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
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Attachment: Agreement for Professional Services (Crossing Guards 2023-24 - American Guard Services)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION ___ -23 AUTHORIZING THE CITY MANAGER
TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
FIRST CARBON SOLUTIONS, INC., FOR ENVIRONMENTAL
COMPLIANCE MONITORING FOR THE APPROVED LIBRARY
PROJECT (PART OF THE OAK PARK PROPERTIES SPECIFIC PLAN)
SYNOPSIS
The City of Pleasant Hill Oak Park Properties Specific Plan includes a Mitigation Monitoring and Reporting Program and Habitat Mitigation and Monitoring Reporting Plan. The City Council is requested to authorize the City Manager to execute a Professional Services Agreement with First Carbon Solutions to perform the required environmental consulting services for the Pleasant Hill Library (part of the Oak Park Properties Specific Plan). The Agreement requires the Consultant to prepare documentation demonstrating compliance with Mitigation Measure (MM) GHG-1 from the project Mitigation Monitoring and Reporting Program (MMRP). First Carbon Solutions will also implement monitoring services for the previously approved Habitat Mitigation and Monitoring Reporting Plan (HMMRP).
DISCUSSION
Background
The City of Pleasant Hill Oak Park Properties Specific Plan is a comprehensive planning document that establishes specific guiding principles for redevelopment of 16.60 acres of land across various properties within the Specific Plan area. The Specific Plan outlines two development projects (the Civic Project and the Residential Project). The Library project is a portion of the Civic Project located at 2 Monticello Avenue within the Specific Plan area. The City Council approved the Specific Plan’s Environmental Impact Report (EIR) and corresponding MMRP on February 24, 2020.
The Civic Project is required to demonstrate compliance with MM GHG-1. First Carbon Solutions (FCS) will provide documentation demonstrating that the Library will achieve GHG emission reductions in the amount necessary to fulfill the requirements of MM GHG-1. Based on preliminary information, it is expected that on-site features that have been added to the Library since the EIR was prepared will satisfy the emission requirements outlined in the MM GHG-1.
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The City has obtained a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement (404 Permit) and a Water Quality Certification (401 Permit). These permits from CDFW, the Regional Water Quality Control Board (RWQCB), and the U.S. Army Corps of Engineers contain permit conditions to protect resources within the project site and surrounding project area. As shown below, Tasks 2-4 outline measures FCS proposes to implement in support of project related impacts to Grayson Creek and its riparian corridor for the next five years.
Analysis
The following tasks are proposed to provide documentation of compliance with MM GHG-1.
Task 1: Documentation of Compliance with MM GHG-1.
First Carbon Solutions will provide documentation demonstrating that the Library will achieve GHG emission reductions in the amount necessary to fulfill the requirements of MM GHG-1.
Task 1A: Project Management
First Carbon Solutions will provide project management through oral and written communications with City staff, accounting and quality assurance.
Task 2: Annual Mitigation Monitoring and Reporting – Water Quality Certification First Carbon Solutions shall provide five years of monitoring services for Grayson Creek and its riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP. First Carbon Solutions will submit five annual monitoring reports. Reports will include the need for, and implementation of, any remedial actions or adaptive management and removal and management of target invasive plants.
Task 3: Annual Mitigation Monitoring and Reporting – Lake and Streambed Alteration Agreement
First Carbon Solutions shall provide five years of monitoring services for Grayson Creek and its riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP. First Carbon Solutions shall submit five years of annual reporting to the California Department of Fish and Wildlife (CDFW).
Task 4: Regulatory Project Management
Project management to ensure tasks meet the City’s standard of quality and are delivered within time and on budget and to ensure the proposed HMMRP is implemented successfully.
FISCAL IMPACT
First Carbon Solutions proposal is in the amount of $58,900 as outlined below:
First Carbon Solutions Professional Fee (Fixed) $4,900
First Carbon Solutions Professional Fee (Time and Materials) $54,000 $58,900
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The proposal is complete and acceptable considering the scope of the project. The contract will be funded by Measure K funds previously approved in the final Library budget at the March 20, 2023 City Council meeting.
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
Approve the proposed resolution authorizing the City Manager to execute a Professional Services Agreement for environmental consulting services with First Carbon Solutions, Inc. in the amount of $58,900.
ALTERNATIVES TO RECOMMENDED ACTION
Do not approve the attached resolution authorizing the City Manager to execute the Agreement with First Carbon Solutions, Inc., and provide guidance to City staff.
ATTACHMENT(S):
Proposed Resolution
Exhibit 1 – Agreement for Professional Services & Scope of Work Prepared by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager
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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 FIRST CARBON SOLUTIONS, INC., FOR ENVIRONMENTAL
COMPLIANCE MONITORING FOR THE APPROVED LIBRARY PROJECT (PART OF THE
OAK PARK PROPERTIES SPECIFIC PLAN)
WHEREAS, The City of Pleasant Hill Oak Park Properties Specific Plan is a comprehensive planning document that establishes specific guiding principles for redevelopment of 16.60 acres of land across various properties within the Specific Plan area. The Specific Plan outlines two development projects (the Civic Project and the Residential Project). The Library project is a portion of the Civic Project located along and east of Monticello Avenue within the Specific Plan area. The City of Pleasant Hill approved the Specific Plan’s Environmental Report (EIR) and corresponding Mitigation Monitoring and Reporting Program (MMRP). The Civic Project is required to demonstrate compliance with Mitigation Measure (MM) GHG-1; and.
WHEREAS, the City of Pleasant Hill desires to utilize the professional services of First Carbon Solutions for environmental compliance monitoring for the approved Library Project (part of the Oak Park Properties Specific Plan); and
WHEREAS, First Carbon Solutions Inc. has submitted a proposal to the City of Pleasant Hill which is complete and acceptable.
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 Professional Services Agreement with First Carbon Solutions, Inc., attached as Exhibit 1, for environmental compliance monitoring for the approved Library Project (part of the Oak Park Properties Specific Plan) in the amount of $58,900.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7th day of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk
10.1.a
Packet Pg. 99
Attachment: Proposed Resolution (Agreement with First Carbon Solutions) 1 AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the _____ day of _________________, 202__, by and between the City of Pleasant Hill ("City") and First Carbon Solutions, ("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
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.
1. Scope of Services. The Consultant shall furnish the following services in a professional manner:
“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 execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than December 2028.
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 $58,900 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
10.1.b
Packet Pg. 100 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 2 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 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
10.1.b
Packet Pg. 101 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 3 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.)
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
10.1.b
Packet Pg. 102 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 4 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 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
10.1.b
Packet Pg. 103 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 5 shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
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: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Consultant: First Carbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
10.1.b
Packet Pg. 104 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 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
10.1.b
Packet Pg. 105 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 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:
Ethan Bindernagel, City Manager
Title:
Business License #
APPROVED AS TO FORM: ATTEST:
__________________________ __________________________
Janet E. Coleson, City Attorney Juanita Davalos, Acting City Clerk Attachments: Exhibit A – Scope of Services and Schedule of Charges
10.1.b
Packet Pg. 106 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions)
UNITED STATES
T +1 888 826 5814
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F +1 714 508 4110
E info@fcs‐intl.com
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250 Commerce
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Irvine, CA 92602
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2999 Oak Road
Suite 250
Walnut Creek, CA 94597
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i
Cover Letter
COVER LETTER
April 19, 2023
Troy Fujimoto, City Planner
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Subject: Scope of Work to Perform Environmental Compliance Monitoring for the Approved Library Project (Part of the Oak Park Properties Specific Plan) in Pleasant Hill, California
Dear Mr. Fujimoto:
FirstCarbon Solutions (FCS) is pleased to submit this Scope of Work, schedule, and fee to prepare mitigation compliance assistance and documentation for the Library Project, which is part of the approved Civic Project within the Oak Park Properties Specific Plan.
FCS is proposing to prepare documentation demonstrating compliance with Mitigation Measure (MM) GHG‐1 from the project Mitigation Monitoring and Reporting Program (MMRP). In addition, and at the request of the City of Pleasant Hill, FCS proposes to implement monitoring services for the previously approved Habitat Mitigation and Monitoring and Reporting Plan (HMMRP).
FCS welcomes the opportunity to continue our successful relationship with the City of Pleasant Hill and to provide environmental compliance assistance for the proposed project.
FCS is committed to responding to project needs in a timely and cost‐effective manner.
Should you have any questions regarding this proposal, please contact Philip Ault at 559.930.6191 or at pault@fcs‐intl.com or reach out to Senior Air Quality Scientist, Kimber Johnson, at 559.392.3665 or kjohnson@fcs‐intl.com.
Sincerely,
Philip Ault, Director of Noise & Air Quality
FirstCarbon Solutions
2999 Oak Road, Suite 250
Walnut Creek, CA 94597
EXHIBIT A
10.1.b
Packet Pg. 107 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 1 Proposal
PROJECT UNDERSTANDING
The City of Pleasant Hill Oak Park Properties Specific Plan is a comprehensive planning document that establishes specific guiding principles for redevelopment of 16.60 acres of land across various properties within the Specific Plan area. The Specific Plan contemplated two development projects (the Civic Project and the Residential Project) within the plan area’s boundaries. The Library project is a portion of the Civic Project located along and east of Monticello Avenue within the Specific Plan area. The City of Pleasant Hill approved the Specific Plan’s Environmental Impact Report (EIR) and corresponding MMRP.
The Civic Project is required to adhere to and implement the Conditions of Approval and mitigation measures listed in the MMRP. Prior to issuance of certificate of occupancy permit, the Civic Project is required to demonstrate compliance with MM GHG‐1. This Scope of Work details FCS’s proposed compliance and monitoring services pursuant to the following mitigation measure:
MM GHG‐1: Implement and Document Annual GHG Emissions
Reduction Measures
Civic Project: Prior to the issuance of the certificate of occupancy, the contractor for the Civic Project shall provide documentation to the City of Pleasant Hill that the Civic Project would achieve additional annual GHG emission reductions of 56 MT CO2e per year in 2021 and decreasing to 25 MT CO2e per year in 2030, based on current estimates of GHG emissions, through any combination of the following measures or other measures approved by the City:
• Commit to purchasing electricity from a utility offering 100 percent renewable power for some or all of the power needs for the Civic Project.
• Install on‐site solar panels to generate electricity for a portion of electricity consumption for the Civic Project.
• Install on‐site charging units for electric vehicles consistent with parking requirements in California Green Building Standards Code (CALGreen) Section 5.106.5.2 • Provide a plan documenting how a ridesharing program for library employees would be implemented starting no later than 60 days after operations of the Civic Project begins. • Purchase voluntary carbon credits from a verified GHG emissions credit broker in an amount sufficient to offset operational GHG emissions of approximately 56 MT CO2e per year over the lifetime of the Civic Project (or a reduced amount estimated based on implementation of other measures listed above). Copies of the contract(s) shall be provided to the City Planning Department.
FCS has obtained a California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement pursuant California Fish and Game Code Section 1602 et seq., a Nationwide Permit Pre‐Construction Notification pursuant to Section 404 of the Clean Water Act, and a Water Quality Certification pursuant to Section 401 of the Clean Water Act. These permits from CDFW, the Regional Water Quality Control Board (RWQCB), and the US Army Corps of Engineers (USACE) contain permit conditions to protect resources within the project site and surrounding project area. Tasks 2‐4 outline measures FCS proposes to implement in support of project related impacts to Grayson Creek and it’s riparian corridor.
10.1.b
Packet Pg. 108 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 2 Proposal
SCOPE OF WORK
The following tasks are proposed to provide documentation of compliance with MM GHG‐1.
Task 1: Documentation of Compliance with MM GHG‐1
In accordance with the requirements of MM GHG‐1. As part of this process, FCS will provide documentation demonstrating that the Library will achieve GHG emission reductions in the amount necessary to fulfill the requirements of MM GHG‐1. The Civic Project is required to achieve GHG emission reductions compared to the emission estimates presented in the EIR prepared for the Oak Park Properties Specific Plan. FCS will work with the City or their representatives to identify any on‐site features that may be documented and quantified to reduce the project’s GHG emissions. Based on preliminary information obtained from the City or their representatives, it is expected that on‐site features that have been added to the Library since the EIR was prepared will meet the emission requirements outlined in in MM GHG‐1. Emission reductions will be quantified using appropriate methods and emission models accepted by the Bay Area Air Quality Management District (BAAQMD) and the City of Pleasant Hill.
If on‐site features are not sufficient to fulfill the GHG reduction requirements outlined in MM GHG‐1, FCS will propose options to meet the remaining GHG reduction requirements, which may involve the purchase of carbon credits to offset the balance of GHG emissions. If this is required, FCS will prepare documentation demonstrating that the City or their representatives has purchased carbon credits from accredited regional registries in an amount necessary. FCS will work with the City or their representatives to ensure that the carbon credits used to fulfill the requirements of MM GHG‐1 are created through accredited carbon registries. Accredited registries require carbon credits to be real, additional, permanent, verifiable, and enforceable. This task will require the consultant and the City to maintain close communication. Once credits are purchased, FCS will prepare documentation demonstrating that the City or their representatives has purchased carbon credits to fulfill the requires of MM GHG‐1. The documentation will outline the areas that were investigated during selection of carbon credits for the purposes of meeting the requirements of MM GHG‐1.
The analysis will be summarized in a standalone letter memorandum, with supporting documentation appended to the memorandum.
Task 1A: Project Management
In addition to the compliance task described above, FCS will perform a variety of project management duties to ensure that the aforementioned services meet the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with the City, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. This task assumes 7 hours of staff time.
10.1.b
Packet Pg. 109 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 3 Proposal
The following tasks (2‐4) are proposed to support regulatory compliance for the Oak Park Properties Specific Plan. The following tasks do not include a comprehensive list of performance measures outlined in the regulatory permits, but reflect the specific measures outlined in the HMMRP based on a phone call with City of Pleasant Hill engineer, Ananthan Kanagasundaram on April 11, 2023. If additional services are needed, FCS can provide those services following a budget augment.
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification Pursuant to measures 19 and 20 of the RWQCB’s Water Quality Certification, FCS shall provide 5 years of monitoring services for Grayson Creek and it’s riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP.
FCS will submit five annual monitoring reports, acceptable to the Executive Officer, by January 31 following each monitoring year. The first monitoring year commences in the calendar year after outfall construction, including planting, is complete. Annual Monitoring Reports shall include photographs from photo‐documentation points. Each annual report shall summarize the previous monitoring results in addition to the current year’s monitoring results, including the need for, and implementation of, any remedial actions or adaptive management, and removal and management of target invasive plants. The annual reports shall compare data to previous monitoring years and describe the effects of the Project and environmental drivers (e.g. storms, weather/climate events) on site conditions. If monitoring indicates that beneficial uses have been adversely affected or have the potential to be adversely affected, FCS shall, in consultation with the appropriate agencies, identify remedial measures to be undertaken, including compensatory mitigation and extension of the monitoring and reporting period until the criteria are met.
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement
Pursuant to measure 3.1 of CDFW’s Lake and Streambed Alteration, FCS shall provide 5 years of monitoring services for Grayson Creek and it’s riparian corridor. Monitoring will occur on an annual basis for a minimum of five years to verify the Creek is successfully restored as described in the HMMRP.
FCS shall submit five years of annual monitoring reports to CDFW. FCS shall electronically submit the annual reports to CDFW that includes the following items: Agreement Number; a summarized description of monitoring efforts and whether compliance for mitigation has been met; and photo documentation of site conditions.
Task 4: Regulatory Project Management
In addition to the compliance tasks 2 and 3 described above, FCS will perform a variety of project management duties to ensure that the aforementioned services meet the City’s standards of quality, and that it is delivered on time and within budget. These duties will include coordination with the City and the project’s landscape architect to ensure that the proposed HMMRP is implemented successfully.
10.1.b
Packet Pg. 110 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 4 Proposal
Based on the April 11, 2023, phone call with Mr. Kanagasundaram Tasks 2‐4, will be provided on a time and materials basis following the County’s authorization and a not‐to‐exceed budget outlined in the table below.
PROPOSED SCHEDULE
FCS will coordinate required and monitoring services to keep the project in compliance and on schedule.
Task Week
Task 1: Carbon Offset Documentation Week 41
Task 1A: Project Management Ongoing
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification 5 years after project construction
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement
5 years after project
construction
Task 4: Regulatory Project Management Ongoing
Note: 1 Assumes initial project kick‐off and receipt of requested information from City or their representatives by Week 1; the compliance memorandum will be completed approximately 3 weeks from receipt of all necessary project data.
BUDGET
Task Fees
Task 1: Carbon Offset Documentation $3,500
Task 1A: Project Management $1,400
Task 2: Annual Mitigation Monitoring and Reporting‐ Water Quality Certification (Time and Materials)
NTE $25,000
Task 3: Annual Mitigation Monitoring and Reporting‐ Lake and Streambed Alteration Agreement (Time and Materials)
NTE $25,000
Task 4: Regulatory Project Management (Time and Materials) NTE $4,000 Total FCS Professional Fee (Fixed) $4,900
Total FCS Professional Fee (Time and Materials) NTE $54,000 Additional Assumptions
The assumptions used in calculating the above fees are:
10.1.b
Packet Pg. 111 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions) 5 Proposal
The table above assumes that no direct costs would be accrued. This scope of work assumes that all deliverables will be submitted electronically. Printing costs are based on the method of printing and binding proposed, numbers of copies proposed as work products, and estimated page lengths. Upon request, FCS will specifically identify a detailed reproduction work plan with specific costs.
There will be no significant revisions to the project understanding outlined above. If there is a significant change in the project understanding by the City, a budget and schedule adjustment may be required to account for the project revisions.
The fee is valid for up to 30 days from the date of this scope, after which it may be subject to revision.
This price is based on completion of the work within the proposed schedule. If delays occur, an update to the schedule and amendment of the budget would be warranted to accommodate additional project management and other costs and to reflect the adjustments. Costs have been allocated to tasks based upon FCS’s proposed approach. During the work, FCS may, on its sole authority, re‐allocate costs among tasks and/or direct costs, as circumstances warrant, so long as the adjustments maintain the total price within its authorized amount. This scope of work assumes that the project will achieve the performance measures outlined in the HMMRP. If additional monitoring is required beyond the five years proposed in this scope of work FCS can provide a budget augment at a later date.
Invoice Billing
Invoices will be submitted monthly and will identify project progress on a percent complete basis.
10.1.b
Packet Pg. 112 Attachment: Exhibit 1 - Agreement and Scope of Work (Agreement with First Carbon Solutions)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 AUTHORIZING THE CITY
MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE
FEDERAL HIGHWAY ADMINISTRATION FOR $300,000 AND
APPROVING THE APPROPRIATION FOR THE 2022-2023 SAFE
STREETS AND ROADS FOR ALL (SS4A) COMPREHENSIVE ACTION
PLAN PROJECT AND PROJECT TRANSFERS FOR REQUIRED LOCAL
MATCH FUNDS FROM MEASURE K FUNDS
SYNOPSIS
On January 31, 2023, the U.S. Department of Transportation Federal Highway Administration (FHWA) awarded a Safe Streets and Roads for All (SS4A) grant of $300,000 to the City of Pleasant Hill. The City Council is requested to authorize the City Manager to execute the grant agreement with the FHWA and provide a local match of $60,000, which represents 20% of the grant amount.
DISCUSSION
Background
The Safe Streets and Roads for All (SS4A) Grant Program is a U.S. Department of Transportation (USDOT) federal-aid program created by Section 24112 of the H.R. 3684 Infrastructure Investment and Jobs Act, also referred to as the Bipartisan Infrastructure Law. It is a discretionary grant program that appropriates $1 billion yearly to USDOT for five (5) years.
The SS4A program supports the USDOT National Roadway Safety Strategy and its goals of zero deaths and severe injuries on our nation’s roadways.
An SS4A call-for-project was announced on May 16, 2022, for the Fiscal Year 2022-2023. The grant proposal submittal deadline was September 15, 2022. The City Council authorized the City Engineer to pursue the SS4A grant funds on August 1, 2022. The City was notified of an SS4A grant award on January 31, 2023, for $300,000 ($240,000 grant reimbursement and $60,000 local match). The FHWA Grant Agreement (Exhibit A) has been reviewed by staff and requires City Council authorization to be executed.
10.2 Packet Pg. 113
The SS4A has two components: Action Plan Grants and Implementation Grants. The City of Pleasant Hill has received funds for the Action Plan Grant component to prepare a Comprehensive Safety Action Plan. Upon completing the Action Plan, the City will be eligible to pursue the Implementation Grant component of SS4A.
Analysis
The Comprehensive Safety Action Plan’s scope of work includes goal setting, planning, safety analysis, conceptual plan, preliminary engineering, stakeholder engagement and collaboration, and development of projects and strategies. Interventions can be infrastructure, behavioral, and/or operational safety.
The SS4A project is not in the current Capital Improvement Plan for Fiscal Years 2022-2027 (CIP FY 2022-2027), since this was a competitive grant process and the City needed to identify matching funds, if awarded. The SS4A Comprehensive Action Plan is estimated to cost $300,000, which the FHWA grant will reimburse the City $240,000, but requires a $60,000 local match. Staff has identified available funds from Measure K in the Oak Park Boulevard Sidewalk Gap Closure project, CIP project MK-3D R1 (Exhibit B). On July 17th, the City Council approved the construction contract for the Oak Park Boulevard Sidewalk Gap Closure, and the accepted bid came in lower than expected, providing available Measure K funds for the SS4A Comprehensive Action Plan.
On July 25th, the Budget Committee reviewed this item and recommended the City Council approve the following items:
1. Authorize the City Manager to execute the FHWA Grant Agreement for the SS4A Comprehensive Action Plan and approve Measure K funding as the local match for a total award of $300,000.
2. Approve a new CIP project, SS4A Comprehensive Action Plan (MK-6) and appropriate $300,000. Funding for this project is from the FHWA grant reimbursement for $240,000 and Measure K local match of $60,000.
3. Approve a project budget transfer of $60,000 from Oak Park Boulevard Sidewalk Gap Closure Project (MK-3D R1) to SS4A Comprehensive Action Plan (MK-6).
FISCAL IMPACT
The fiscal impact proposed for the SS4A Comprehensive Action Plan (MK-6) and the Oak Park Boulevard Sidewalk Gap Closure Project (MK-3D R1) is outlined below:
SS4A Comprehensive Action Plan (MK-6) - New Project
Total Project Budget for Comprehensive Action Plan: $300,000 Total Funding:
FHWA Grant Reimbursement: $240,000
Measure K Local Match: $60,000
10.2 Packet Pg. 114
Oak Park Blvd Sidewalk Gap Closure Project (MK-3D R1)
Total Project Budget with Funding from Measure K: $880,000 Design: ($75,000)
Engineering Staff and Project Administration: ($25,000) Construction: ($578,750)
Proposed Transfer to MK-6: ($60,000)
Remaining Budget in MK-3D R1 $141,250
PUBLIC CONTACT
Public contact was made by posting the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff is requesting the City Council adopt a resolution for the following:
1. Authorize the City Manager to execute the Federal Highway Administration (FHWA) Grant Agreement on behalf of the City of Pleasant Hill for a Safe Streets and Roads for All (SS4A) Comprehensive Action Plan in the amount of $300,000.
2. Approve and appropriate a new capital improvement project, SS4A Comprehensive Action Plan (MK-6) for $300,000 with $240,000 reimbursed by the FHWA grant and $60,000 in Measure K local matching funds.
3. Approve a $60,000 project budget transfer in Measure K funding from Oak Park Blvd Sidewalk Gap Closure Project (MK-3D R1) as the local match to SS4A Comprehensive Action Plan (MK-6).
ALTERNATIVES TO RECOMMENDED ACTION
Alternatively, City Council may choose to not accept the grant or allocate the required local match funding from a different source.
Prepared by: Ryan Cook, Senior Civil Engineer
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager
Attachment(s):
Proposed Resolution
Exhibit A – FHWA Grant Agreement
Exhibit B – CIP Project MK-3D R1
10.2 Packet Pg. 115
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT WITH THE FEDERAL HIGHWAY ADMINISTRATION FOR $300,000 AND APPROVING THE APPROPRIATION FOR THE 2022-2023 SAFE STREETS AND ROADS FOR ALL (SS4A)
COMPREHENSIVE ACTION PLAN PROJECT AND PROJECT TRANSFERS FOR REQUIRED
LOCAL MATCH FUNDS FROM MEASURE K FUNDS
WHEREAS, the City Council authorized staff to pursue the Federal Highway Administration (FHWA) for Safe Streets and Roads for All (SS4A) on August 1, 2022; and WHEREAS, the FHWA awarded a SS4A grant of $300,000 to the City on January 31, 2023 for a Comprehensive Action Plan; and
WHEREAS, the City is required to contribute a local match of $60,000, which represents 20% of the total grant amount; and
WHEREAS, the City has identified Measure K budget savings from the Oak Park Boulevard Sidewalk Gap Closure Project (MK-3D R1) which could be transferred for the local match for the SS4A Comprehensive Action Plan.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill as follows:
1. Authorize the City Manager to execute the Federal Highway Administration (FHWA) Grant Agreement on behalf of the City of Pleasant Hill for a Comprehensive Action Plan for $300,000.
2. Approve and appropriate a new capital improvement project, SS4A Comprehensive Action Plan (MK-6) for $300,000 with $240,000 reimbursed by the FHWA grant and $60,000 in Measure K local matching funds.
3. Approve a $60,000 project budget transfer in Measure K funding from Oak Park Blvd Sidewalk Gap Closure Project (MK-3D R1) as the local match to SS4A Comprehensive Action Plan (MK-6).
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 7th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk
10.2.a
Packet Pg. 116 Attachment: Proposed Resolution (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 1 of 12
1. Award No.
693JJ32340364
2. Effective Date
See No. 17 Below
3. Assistance
Listings No.
20.939
4. Award To
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
Unique Entity Id.: KVA4PCK297J3
TIN No.: 94-1527260
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
6. Period of Performance
Effective Date of Award through 24
months
7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
$240,000
$60,000
$0
$0
$300,000
8. Type of Agreement
Grant
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No.
HSSP230275PR
11. Federal Funds Obligated
$240,000
12. Submit Payment Requests To
See article 20.
13. Payment Office
See article 20.
14. Accounting and Appropriations Data
15X0173E50.0000.055SR10500.5592000000.25305.61006600
15. Description of Project
Safe Streets and Roads for All (SS4A) – Action Plan Study, City of Pleasant Hill, CA
RECIPIENT
16. Signature of Person Authorized to Sign
___________________________________
Signature Date
Name: Ananthan Kanagasundaram
Title: City Engineer
FEDERAL HIGHWAY ADMINISTRATION
17. Signature of Agreement Officer
______________________________________
Signature Date
Name: Carolyn Lethert
Title: Agreement Officer
EXHIBIT A
10.2.b
Packet Pg. 117 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 2 of 12
U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the Federal Highway Administration (the “FHWA”) and the City of Pleasant Hill (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Safe Streets and Roads for All - Action Plan.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2022 Safe Streets and Roads for All Grant Program,” dated February 8, 2023, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements. Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.
Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27).
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system.
10.2.b
Packet Pg. 118 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 3 of 12
ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: Pleasant Hill, CA - Safe Streets and Roads for All – Action Plan Application Date: 9-15-2022
2.2 Award Amount.
SS4A Grant Amount: $240,000
2.3 Award Dates.
Period of Performance End Date: See Section 6 on page 1
2.4 Budget Period
Budget Period End Date: See Section 6 on page 1
2.5 Action Plan Grant or Implementation Grant Designation.
Designation: Action Plan
2.6 Federal Award Identification Number. The Federal Award Identification Number is listed on page 1, line 1.
ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
The award will be used by the City of Pleasant Hill to develop a comprehensive safety action plan.
10.2.b
Packet Pg. 119 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 4 of 12
3.2 Project’s Estimated Schedule.
ACTION PLAN SCHEDULE
Milestone Schedule Date
Planned Draft Action Plan Completion
Date:
8-31-2024
Planned Action Plan Completion Date: 11-30-2024
Planned Action Plan Adoption Date: 1-27-2025
Planned SS4A Final Report Date: 1-31-2025
IMPLEMENTATION SCHEDULE NON-CONSTRUCTION
Milestone Schedule Date
Release Consultant RFP 7-28-2023
Award Consultant Contract at Council 9-25-2023
SS4A Action Plan Kick Off 10-16-2023
SS4A Draft Action Plan Completion 8-31-2024
SS4A Plan Adoption 1-27-2025
Planned Activity Completion Date: 1-31-2025
3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $240,000
Other Federal Funds: $0
State Funds: $0
Local Funds: $60,000
In-Kind Match: $0
Other Funds: $0
Total Eligible Project Cost: $300,000
10.2.b
Packet Pg. 120 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 5 of 12
(b) Supplemental Estimated Budget
Cost Element Federal Share Non-Federal Share Total Budget Amount
Direct Labor $32,000.00 $8,000 $40,000.00
Fringe Benefits $0.00 $0.00 $0.00
Travel $0.00 $0.00 $0.00
Equipment $32,000.00 $8,000.00 $40,000.00
Supplies $0.00 $0.00 $0.00
Contractual/Consultant $176,000.00 $44,000.00 $220,000.00 Other $0.00 $0.00 $0.00
Indirect Costs $0.00 $0.00 $0.00
Total Budget $240,000.00 $60,000.00 $300,000.00
ARTICLE 4
RECIPIENT INFORMATION
4.1 Recipient’s Unique Entity Identifier.
KVA4PCK297J3
4.2 Recipient Contact(s).
Ananthan Kanagasundaram
City Engineer
City of Pleasant Hill
100 Gregory Lane, Pleasant Hill, CA 94523
(925) 671-5261
[email protected]
4.3 Recipient Key Personnel.
Name Title or Position
Ryan Cook Senior Civil Engineer
4.4 USDOT Project Contact(s).
Darren Thacker
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
10.2.b
Packet Pg. 121 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 6 of 12
1200 New Jersey Avenue, S.E.
Washington, DC 20590
(202) 366-6409
[email protected]
and
Ashley Cucchiarelli
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-33
12300 W Dakota Ave
Lakewood, CO 80228
(720) 963-3589
[email protected]
and
Division Administrator
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
[email protected]
and
Steve Pyburn, PE, TE
California Division Office Point of Contact
Design Program Manager
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
(916) 498-5057
[email protected]
10.2.b
Packet Pg. 122 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 7 of 12
ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the AO are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
Note: This clause is only applicable to Action Plan Grants.
Unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval of each subaward or contract is contingent upon the Recipient’s submittal of a written fair and reasonable price determination, and approval by the AO for each proposed contractor/subrecipient. Consent to enter into subawards or contracts will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO.
This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause. (Fill in at award or by amendment)
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred in the performance of this agreement if those costs do not exceed the funds available under section 2.2 and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI eInvoicing System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF 271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
10.2.b
Packet Pg. 123 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 8 of 12
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the AO may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the Agreement Officer’s Representative (the “AOR”) reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment.
(e) The USDOT may waive the requirement that the Recipient use the DELPHI eInvoicing System. The Recipient may obtain waiver request forms on the DELPHI eInvoicing website (http://www.dot.gov/cfo/delphi-einvoicing-system.html) or by contacting the AO. A Recipient who seeks a waiver shall explain why they are unable to use or access the Internet to register and enter payment requests and send a waiver request to Director of the Office of Financial Management
US Department of Transportation,
Office of Financial Management B-30, Room W93-431
1200 New Jersey Avenue SE
Washington DC 20590-0001
or
[email protected].
If the USDOT grants the Recipient a waiver, the Recipient shall submit SF 271s directly to:
DOT/FAA
P.O. Box 268865
Oklahoma City, OK 73125-8865
Attn: Agreement Specialist
(f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 4 in Article 2
10.2.b
Packet Pg. 124 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 9 of 12
6.2 The Recipient acknowledges that the Action Plan will be made publicly available, and the Recipient agrees that it will publish the final Action Plan on a publicly available website.
6.3 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.4 There are no other special grant requirements for this award.
10.2.b
Packet Pg. 125 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 10 of 12
ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: City of Pleasant Hill, CA – Citywide Analysis Baseline Measurement Date: 9-30-2023
Baseline Report Date: 11-30-2023
Table 1: Performance Measure Table
Measure Category and Description Measurement
Frequency
Equity
The City estimates up to 15% of the total
project amount ($45,000) will be used to
develop an extensive community
engagement plan that will seek to target
participation of under-represented
communities within the City. The City
anticipates up to five (5) Community
Engagement meeting that will include
surveys that seek to measure equity.
Five (5) times
during project
duration at
community
meetings.
Costs
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant. To measure cost effectiveness
the City will a Citywide community
survey that seeks to solicit public
perception regarding project costs.
During a Citywide
survey of the
project, the City
will seek a costbenefit measure.
Lessons Learned and
Recommendations
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects of strategies to prevent death and
serious injury on roads and streets.
End of period of
performance
10.2.b
Packet Pg. 126 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 11 of 12
ATTACHMENT B
CHANGES FROM APPLICATION
INSTRUCTIONS FOR COMPLETING ATTACHMENT B: Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of this attachment B is to document the differences clearly and accurately in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See section 10.1.
Scope: N/A There have been no changes to the Scope as described in the application Schedule: N/A There have been no changes to the Schedule as described in the application Budget: N/A There have been no changes to the Budget as described in the application The table below provides a summary comparison of the project budget.
Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
10.2.b
Packet Pg. 127 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) 12 of 12
ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.) The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.
X
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the project, will take relevant actions described in the supporting narrative below
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
2. Supporting Narrative.
The Pleasant Hill, CA - Safe Streets and Roads for All – Action Plan study will include an extensive community outreach plan that will include development of outreach strategies and measures to ensure racial equity input opportunities as part of the project community engagement process.
10.2.b
Packet Pg. 128 Attachment: Exhibit A_Grant Agreement (Safe Streets and Roads for All (SS4A) Grant Local Match Funding) CITY OF PLEASANT HILL CAPITAL IMPROVEMENT PLAN FY 2022/2027 PROJECT: OAK PARK BOULEVARD
SIDEWALK GAP CLOSURE PROJECT
PROJECT PROPOSED BY: Engineering Division
PROJECT MANAGER: Engineering Division
PROJECT CLASSIFICATION: City Projects
PROJECT LOCATION: Oak Park Boulevard Sidewalk Gap Closure Project PROJECT BEGIN: February 2023 PROJECT COMPLETE: August 2023 Account 12 -5579 PROJECT STATUS X NEW CONTINUING PROJECT SCOPE OF SERVICES FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS (1190) Design $75,000 $75,000 IS A CONCEPTUAL
(0100) Eng Staff $15,000 $5,000 $20,000
(4225) Project Admin. $3,000 $2,000 $5,000 PLAN AVAILABLE YES X NO (1390) Construction $712,000 $68,000 $780,000
(1145) C. Management LEAD AGENCY X CITY OTHER
TOTAL $805,000 $75,000 $880,000
PROJECT TRAFFIC
FUNDING SOURCE FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS SAFETY PRIORITY X CRITICAL N/A CASE BY Measure K Fund $805,000 $75,000 $880,000 CASE BASIS
IS RIGHT OF WAY
REQUIRED YES NO X NOT
EXPECTED
MAINTENANCE
TOTAL $805,000 $75,000 $880,000 COST IMPACT X INCREASE N/A DECREASE MAINTENANCE IMPACT FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2024-25 FY 2022-23 TOTALS New sidewalks and ADA ramps will cause maintenance costs to increase.
PROJECT BENEFIT: This project will eliminate sidewalk gaps between the EBMUD trail and Hook Avenue.
PROJECT
MK-3D R1
PROJECT DESCRIPTION:
The proposed gap closure project will construct approximately 635-ft of ADAcompliant sidewalk along Oak Park Boulevard and Hook Avenue. The purpose of the new sidewalk is to connect residents to popular nearby destinations including several schools (Pleasant Hill Middle School, Montessori School, and a daycare), Pleasant Oaks Park, Pleasant Hill Library, EBMUD paved asphalt trail, and future athletic fields. The proposed 5-6 ft wide concrete sidewalk will connect existing sidewalk located on the west end of the project limits at the EBMUD Trail, to existing sidewalk located at Hook Avenue (sidewalk already exists at the Aegis Senior Living facility).
Minor drainage and landscape modifications will be required. Existing Class III bike route will be upgraded to Class II bike lane where possible, and will connect to the newly installed Class II bike lane adjacent to the Pleasant Hill Library.
Higher than anticipated Measure K revenues allows for completion of this project.
EXHIBIT B
10.2.c
Packet Pg. 129 Attachment: Exhibit B_MK-3D R1 (Safe Streets and Roads for All (SS4A) Grant Local Match Funding)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___ AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 5.05.240, BUSINESS LICENSES, SECTION 18.15.040, COMMERCIAL USE
CLASSIFICATIONS, SECTION 18.15.070, TEMPORARY USE
CLASSIFICATIONS, SECTION 18.20.020, LAND USE REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.20.030,
DEVELOPMENT REGULATIONS IN ALL RESIDENTIAL DISTRICTS,
SECTION 18.20.040, ADDITIONAL DEVELOPMENT REGULATIONS
FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.25.020, LAND USE
REGULATIONS FOR ALL COMMERCIAL, RETAIL BUSINESS,
NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL
DISTRICTS, SECTION 18.25.030, DEVELOPMENT REGULATIONS IN
ALL COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD
BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICT, SECTION
18.25.040, ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL
COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD BUSINESS,
OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.50.110, TREE PRESERVATION, SECTION 18.55.030, OFF-STREET PARKING AND LOADING SPACES REQUIRED, SECTION 18.55.070, ELECTRIC VEHICLE PARKING, CHAPTER 18.60, SIGNS, SECTION 18.65.030,
RESTORATION OF NON-CONFORMING STRUCTURES, SECTION
18.85.010, ZONING PERMIT APPLICABILITY, SECTION 18.115.020,
ARCHITECTURAL REVIEW PERMIT APPROVAL AUTHORITY, &
SECTION 18.140.010, DEFINITIONS
SYNOPSIS
This City is proposing amendments to various sections of the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18) and related changes to business license regulations (PHMC Title 5). The proposed ordinance includes amendments necessary to comply with changes in state law, changes based on past City determinations, as well as staff-initiated revisions proposed to clarify and streamline various sections of the Zoning Ordinance. The Planning Commission reviewed the proposed amendments, except for business license regulations, and recommended approval to the City Council.
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DISCUSSION
Background
The last zoning ordinance amendment was completed in mid-2021. Since this time, there have been various ordinance provisions that have proven to be unclear, problematic to implement, inconsistent with other sections of the ordinance, or in conflict with newly adopted State regulations.
On January 24, 2023 and March 28, 2023, the Planning Commission held study sessions to provide input and direction on the proposed amendments. Staff modified the proposed ordinance based on the feedback received. At its meeting of May 23, 2023, the Planning Commission adopted Resolution No. 11-23 forwarding a recommendation to the City Council to adopt the proposed ordinance amendments (Attachment C). The Planning Commission asked staff to review the proposed amendments with the City Attorney prior to City Council review, specifically regulations surrounding signage on vehicles and trailers. The City Attorney has reviewed all proposed amendments and staff has incorporated those comments into the draft ordinance.
The ordinance amendments include a revision to business license provisions in Section 5.05.240, exempting small and large family daycares from obtaining a business license, pursuant to SB 234. The Planning Commission did not review this specific amendment since it is outside of the zoning ordinance, but it is directly related to another zoning ordinance amendment (reviewed by the Planning Commission) exempting small and large family daycares from obtaining a zoning permit, also pursuant to SB 234.
Analysis
The proposed amendments for consideration are from various sections of the ordinance including the following sections (listed numerically):
Section 5.05.240, Business Licenses
Section 18.15.040, Commercial use classifications
Section 18.15.070, Temporary use classifications
Section 18.20.020, Land use regulations for all residential districts Section 18.20.030, Development regulations in all residential districts Section 18.20.040, Additional development regulations for all residential districts Section 18.25.020, Land use regulations for all commercial, retail business, neighborhood business, office and light industrial districts
Section 18.25.030, Development regulations in all commercial, retail business, neighborhood business, office and light industrial districts Section 18.25.040, Additional development regulations for all commercial, retail business, neighborhood business, office and light industrial districts Section 18.50.110, Tree preservation
Section 18.55.030, Off-street parking and loading spaces required Section 18.55.070, Electric vehicle parking
Chapter 18.60, Signs
Section 18.65.030, Restoration of non-conforming structures
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Section 18.85.010, Zoning permit applicability
Section 18.115.020, Architectural review permit approval authority Section 18.140.010, Definitions
For the purposes of this report, the proposed amendments are organized into related focus areas with the associated analysis for each. A compilation of the proposed amended ordinance provisions is provided in Attachment A (strike-through/redlined version) and Attachment B (clean version):
Streamlined Ministerial Architectural Review Process
1. Section 18.115.020, Approval authority of architectural review permits The proposed amendment would introduce a new level of review authority for projects qualifying for a ministerial architectural review process, as required under state law provisions. This amendment is proposed to comply with various state streamlining laws (i.e., SB 330, SB 35, and SB 9).
2. Section 18.20.040.K, Additional Development Regulations (for residential development)
The proposed amendment would clarify that residential projects that qualify for streamlined review under state law, and therefore comply with objective design standards, will be subject to a ministerial architectural review process, and that projects that do not comply or that do not seek streamlined review under state law provisions will be subject to a discretionary architectural review process. This amendment is proposed to comply with various state streamlining laws (i.e., SB 330, SB 35, and SB 9) and add clarity to the existing ordinance.
Temporary Uses
3. Section 18.15.070, Temporary use classifications
The proposed amendment introduces “eating and drinking use” as a Temporary Use classification. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing “eating and drinking use” through issuance of a Temporary Use Permit.
4. Section 18.20.020, Residential land use regulations
The proposed amendment introduces “real estate sales” as a permitted Temporary Use classification in the use table for residential land use regulations. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing “real estate sales” through issuance of a Temporary Use Permit.
5. Section 18.25.020, Commercial land use regulations
The proposed amendment incorporates “eating and drinking use” and “real estate sales” as permitted Temporary Use classifications in the use table. This amendment addresses a current gap in the ordinance and codifies the current practice of allowing both uses through issuance of a Temporary Use Permit.
Fence Regulations
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6. Section 18.20.040.I, Fences and walls
The proposed amendment clarifies that a six-foot-tall fence (maximum) is permitted within a front yard setback only when said front yard abuts an adjacent rear or side yard of a neighboring property(s), and if located outside of the sight visibility triangle at corners or driveways. Current regulations allow up to a three-foot-tall fence within the front yard setback for all lots regardless of the abutting lot condition. This amendment address a current gap in the zoning ordinance and codifies current allowances by Staff.
Signs
7. Section 18.60.020.R (Exempt Signs), Real estate signs in residential zoning districts The proposed amended language allots up to 24 square feet of temporary commercial real estate signage for selling and/or leasing offices associated with the construction and grand/initial opening of multifamily residential developments and single-family residential subdivisions of three or more lots. Current regulations limit real estate signs to six square feet within all residential zoning districts. Currently, Staff has allowed such signs through a Temporary Use Permit required for the model home or sales office. This amendment addresses a current gap in the ordinance and codifies the current practice applied to real estate signs for larger residential projects.
8. Section 18.60.020.X (Exempt Signs) Vehicle or trailer signs This amendment was brought to Staff’s attention by the City’s Code Investigator seeking clarity on the enforcement of signs on vehicles. Signs located on vehicles or trailers are currently regulated by two different sections of the City’s Sign Ordinance, Section 18.60.020.X (exempt signs) and Section 18.60.060.G (prohibited signs). The proposed amendment introduces new criteria to Section 18.60.020.X to aid Staff in determining whether a sign is indeed incidental to the primary use of the vehicle or trailer and therefore exempt. The Planning Commission asked Staff to review this section with the City Attorney before presenting it to the City Council to ensure the proposed language was enforceable. Staff has incorporated all comments from the City Attorney into the revised proposed language.
No changes are proposed to the language located in Section 18.60.060.G (prohibited signs), which currently prohibits placement of signs on a vehicle or trailer if the apparent purpose is to advertise a product or business, or direct people to a business or activity located on the same or other property. This amendment addresses current inconsistencies within the code and provides clarify for staff when enforcing the above regulations.
9. Section 18.60.030.B, Required sign permits
The proposed amendment clarifies that a sign permit, reviewed by the Architectural Review Commission, is required, at a minimum, for any individual sign that varies from the applicable standards of an approved master sign program. General changes proposed to the standards of a master sign program will require formally amending the master sign program itself. This amendment addresses a current gap in the ordinance and codifies staff’s current practice.
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10. Section 18.60.040.C, Calculating maximum sign area
As currently written, this section implies that sign area can be computed by measuring multiple shapes around a single sign. This is not consistent with staff’s interpretation and current practice. The proposed ordinance eliminates reference to “(s)” after the word “shape” to clarify that only one single geometric shape can be used when determining the area of a sign.
11. Section 18.60.050.B.3, Illumination for sign visible from residential districts The proposed amendment modifies existing language to clarify that “R district” is referring to all residential districts, not just single-family zones. This amendment is proposed for clarity.
12. Section 18.60.050.G.3, Wall Signs
As currently written, this section prohibits the illumination of wall signs facing a residential zoning district and is in direct conflict with Section 18.60.050.B.3 (which permits the illumination of wall signs facing a residential district with additional restrictions). Therefore, amendments are proposed to Section 18.60.050.G.3 to clarify that illumination of wall signs is permitted when facing a residential zoning district if it is consistent with Section 18.60.050.B.3. This amendment corrects conflicting sections of the code and aligns with the City’s current practice of regulating, but not outright prohibiting, sign illuminations when facing a residential zoning district.
Scenic Routes
13. Section 18.20.030 and 18.20.040, Residential development regulations The proposed amendment incorporates a new note “L” within the table for residential development regulations (Schedule 18.20.030) and under additional development regulations related to scenic routes (18.20.040) referencing the 2040 General Plan, Land Use Goal 2 (LU-2) “Promote scenic routes and corridors in the city that add to the overall character of the City”. This amendment provides clarity for development in scenic route areas and reinforces the applicability of General Plan policies related to scenic routes.
14. Section 18.25.030 and 18.25.040, Commercial development regulations The proposed amendment incorporates a new note “I” within the table for commercial development regulations (Schedule 18.25.030) and under additional development regulations related to scenic routes (18.25.040) referencing the 2040 General Plan, Land Use Goal 2 (LU-2) “Promote scenic routes and corridors in the city that add to the overall character of the City.” This amendment provides clarity for development in scenic route areas and reinforces the applicability of General Plan policies related to scenic routes.
Automobile Service Uses
15. Section 18.15.040, Commercial land use classifications The proposed amendment introduces modifications to several existing land use designation with the goal of allowing more flexibility surrounding less intensive
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automobile maintenance and installation services, such as window tinting, vehicle body film protection, audio system installation, and alarm installation, separate from more intensive automobile repair shops, such as auto body, collision, or brake shops.
First, the existing “automobile maintenance, limited” use classification (see definition below) is proposed to be amended to including window tinting as a limited maintenance service. This would allow tinting uses to be permitted within the RB, C, and LI zones. Staff believes that tinting treatments is compatible with the services already permitted through this use classification and would not negatively impact the RB, C or LI zones.
Automobile maintenance, limited. An establishment engaged in the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tune-ups, smog inspection and other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle.
Additionally, the existing “automobile washing” use classification (see existing definition below) is proposed to be amended to also include services such as the application of exterior treatments and coating. The automobile washing use classification is permitted in the C and LI zone, and conditionally permitted in the RB zone. Staff believes that the application of exterior treatments and coating is compatible with automobile washing services and that requiring a Use Permit for these uses in the RB zone would allow staff to further analyze each specific request individually.
Automobile washing. Washing, waxing, or cleaning of automobiles or similar light vehicles.
Finally, the existing “Retail sales” use classification (see existing definition below) is proposed to be amended to allow for the incidental installation of automobile accessories, such as car alarms and sound systems, when the installation is accessory to the primary retail use and occurs entirely within a building. This subset of retail sales uses would also be consistent with the land use regulations of the “automobile maintenance, limited” use classification and only be permitted within the RB, C, and LI zones. Retail sales of automobile parts and accessories without incidental installation would continue to be allowed in the NB zone (if less than 20,000 square feet).
Retail sales. An establishment engaged in retail sales of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification. This classification includes but is not limited to a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examples: toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware,
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appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards or comics), comics, paint and wallpaper, carpeting and floor covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (excluding service and installation).
16. Section 18.25.020, Commercial land use regulations
Based on direction from the Planning Commission, a new subset of “retail sales” will be added to the commercial land use table allowing the retail sales and incidental installation of automobile parts and accessories within the RB, C, and LI zones if the installation occurs entirely within an enclosed building. No changes to the land use regulations for the “automobile maintenance, limited” use classification is proposed.
Parking Requirements
17. Section 18.55.030, Off street parking requirements
The proposed amendment modifies the parking requirements for small and large family daycare homes to be consistent with requirements of the applicable singlefamily or multi-family use. This amendment is necessary to comply with Senate Bill 234, which requires all family daycare homes (up to 14 children) to be treated as a residential use of property for purposes of all local ordinances, including parking requirements.
18. Section 18.55.070.A.3, Electric vehicle parking
The proposed amendment removes reference to the formally repealed Section
18.50.170 and replaces it with reference to the newly adopted Chapter 14.75, “Electric Vehicle Charging Systems; Streamlined Permitting,” relating to an expedited, streamlined permitting process for electric vehicle charging stations. This amendment is necessary to comply with applicable state laws and align multiple ordinance sections related to electrical vehicle parking regulations.
Miscellaneous Topics
19. Section 18.20.020, Residential land use regulations for home occupations The proposed amendment removes the notation requiring a use permit for home occupation permit and replaces it with “permitted” in all residential zones. This amendment corrects inaccurate information in the ordinance.
20. Section 18.20.020, Residential land use regulations for accessory uses The proposed amendment removes notation requiring a use permit for accessory uses in residential zones. Additionally, this amendment incorporates a reference to the accessory use classifications found in PHMC Section 18.15.060 for added clarity.
This amendment corrects inaccurate information and addresses gaps in the ordinance.
21. Section 18.25.20, Commercial land use regulations for fitness studios The proposed amendment modifies the commercial land use table to require a use permit (“U”) for fitness studios in the Professional & Administrative Offices (PAO) zone. This amendment results in consistency with other commercial zone requirements where a use permit is required for fitness studios.
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22. Section 18.50.110, Tree Preservation
The proposed amendment introduces an expiration of one year for all approved tree removal permits. This amendment addresses a current gap in the code.
23. Section 18.65.030.C.2, Restoration of nonconforming structures Current regulations allow a residential structure located within a residential zoning district to be rebuilt to an existing, nonconforming setback or garage dimension if the structure was destroyed (by fire or other calamity) or voluntarily razed. This amendment introduces language allowing residential structures within residential zoning districts to also be restored to the same nonconforming height and number of stories if the structure is destroyed or razed. This amendment addresses a gap in the ordinance and increase the flexibility for the rebuilding of nonconforming residential structures.
24. Section 18.85.010, Zoning permits applicability
The proposed amendment clarifies that zoning permits are also required for any new business, not only a change in use. Additionally, the proposed amendment clarifies that small and large family daycares, along with other uses exempt under state law, are exempt from needing a zoning permit. This amendment is necessary to codify current practices, provide further clarity in the ordinance, and comply with State law provisions.
25. Section 5.05.240.O, Exempt activities and organization (Business Licenses) The proposed amendment is directly related to the amendment above (#24) and clarifies that small or large residential family day care homes are exempt from obtaining a business license. This amendment is necessary to codify current practices and comply with State law provisions.
26. Section 18.140.010, Accessory Structure definitions The proposed amendment modifies the existing definition of an accessory structure to clarify that an accessory structure must be located on a site with an existing or proposed primary structure. This amendment provides clarification and address a gap in the code.
27. Section 18.140.010, Yard type definitions (corner side yards) The proposed amendment introduces language clarifying (for setback purposes) that if a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard, and not a corner side yard.
This amendment provides clarity in the ordinance and codify current practices.
CEQA
Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA. The City as the lead agency has determined with
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certainty that the proposed activity will not have a significant effect on the environment as the proposed amendments do not directly approve any physical development and are intended to comply with applicable State provisions.
FISCAL IMPACT
None
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department.
Notice of the meeting was also provided in the East Bay Times Newspaper published on July 7, 2023 and July 22, 2023 (Attachment D), displayed on A-frames at the Police Station and Pleasant Hill Library, displayed on the City Hall changeable message board sign, and on the City’s web page. The agenda, staff report, and attachments are posted on the City’s webpage.
PUBLIC COMMENTS
One member of the public spoke at the March 28, 2023 Planning Commission study session regarding the draft amendments related to automobile service uses and expressed support for expanding automobile service uses in the Retail Business zone.
RECOMMENDED CITY COUNCIL ACTION
Introduce the ordinance.
ALTERNATIVES TO RECOMMENDED ACTION
1. Continue the item to a later date with direction provided to Staff.
2. Do not introduce the Ordinance.
ATTACHMENTS
A Proposed Draft Ordinance (Strikeout/underline)
B Proposed Draft Ordinance (Clean)
C Planning Commission Resolution No. 11-23
D Public Notice
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager
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1 ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 5.05.240, BUSINESS LICENSE, SECTION 18.15.040, COMMERCIAL USE CLASSIFICATIONS, SECTION
18.15.070, TEMPORARY USE CLASSIFICATIONS, SECTION 18.20.020, LAND USE REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.20.030, DEVELOPMENT REGULATIONS IN ALL RESIDENTIAL DISTRICTS, SECTION 18.20.040,
ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.25.020, LAND USE REGULATIONS FOR ALL COMMERCIAL, RETAIL
BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.25.030, DEVELOPMENT REGULATIONS IN ALL COMMERCIAL, RETAIL
BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICT, SECTION 18.25.040, ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL
COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.50.110, TREE PRESERVATION, SECTION
18.55.030, OFF-STREET PARKING AND LOADING SPACES REQUIRED, SECTION
18.55.070, ELECTRIC VEHICLE PARKING, CHAPTER 18.60, SIGNS, SECTION 18.65.030, RESTORATION OF NON-CONFORMING STRUCTURES, SECTION 18.85.010, ZONING PERMIT APPLICABILITY, SECTION 18.115.020, ARCHITECTURAL REVIEW PERMIT APPROVAL AUTHORITY, & SECTION 18.140.010, DEFINITIONS
WHEREAS, amendments to Title 5 and Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to related to applicability of zoning code regulations, parking, signs, tree preservation, architectural review permits, accessory structures, fences and walls, use classifications, and definitions; and
WHEREAS, the City wishes to clarify and streamline various sections of the zoning code that have has created confusion and questioned its applicability; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing before the Planning Commission on the proposed ordinance was noticed for May 9, 2023.
The meeting was then cancelled due to a lack of quorum and the item was continued to May 23, 2023; and
WHEREAS, on May 23, 2023, the Planning Commission held the continued public hearing and received public comment where all interested persons might appear and be heard, and adopted Resolution No. 11-23 recommending that the City Council adopt the proposed ordinance; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on _____, 2023, where all interested persons might appear and be heard.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
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Packet Pg. 139 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 2 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment as the proposed activity (ordinance amendment) is exempt as it will not have a significant effect on the environment as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Section 3. Section 5.05.240.O, Exempt activities and organizations for Business Licenses is amended as follows:
5.05.240.O Exempt activities and organizations.
O. Residential care facility or residential family day care home. Residential care facility or residential family day care home of six people or less, whether adults or children or a small or large residential family day care home. (See generally: Health and Saf. Code §§ 1502, 1502.5, 1523.1(a)(3), 1566.2, 1568.05(b), 1569.18, 1596.78(c), 1596.803(a)(3), 1597.42, 1597.45(b).)
Section 4. Section 18.15.040, Commercial use classification for “automobile maintenance, limited”, “automobile washing”, and “retail sales”, is amended as follows:
18.15.040 Commercial use classifications.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tuneups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Retail sales. An establishment engaged in retail sales of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification.
This classification includes but is not limited to a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examples:
toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards or comics), comics, paint and wallpaper, carpeting and floor Deleted: of eight children or less
Deleted: and
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Packet Pg. 140 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 3 covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Section 5. Section 18.15.070, Temporary use classifications is amended as follows:
18.15.070, Temporary use classifications.
Uses that are short-term or temporary in nature are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified. (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, Special Event Permit.
Agricultural sales. Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established on-site, a eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural and other food products that are seasonal in nature.
Live entertainment event. Concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.”
Recreational events. Events featuring sports, exercise, physical play or competitions.
Religious group assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
Deleted: and installation
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Packet Pg. 141 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 4 Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
Section 6. Section 18.20.020, Land use regulations for “home occupation”, “accessory uses” and temporary “real estate sales” in all residential districts is amended as follows:
SCHEDULE 18.20.020
R AND MR DISTRICTS:
LAND USE
REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
R20
R15
R10
R10AR-7
R-6 MRVL MRL MRM MRH Additional Use Regulations
Residential Uses
Home occupation P P P P P P P See PHMC § 18.20.070.
Accessory Uses P P P P P P P See PHMC § 18.15.060 and §
18.20.050.
Temporary Uses See PHMC Chapter 18.100.
Real estate sales P P P P P P P
1. Schedule 18.20.030, Development regulations for “scenic routes” in all residential districts is amended as follows:
SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R10A R-7 R-6 MRVL MRL MRM MRH
Additional Development
Regulations (See PHMC
§ 18.20.040)
Scenic Route 50 50 50 50 50 50 50 50 50 50 L
Section 7. Section 18.20.040, Additional development regulations corresponding to residential development is amended as follows:
18.20.040.I, 18.20.040.K and 18.20.040.L, Additional development regulations corresponding to Schedule 18.20.030.
I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. The maximum height of any fence located within the front yard of a lot is six feet along any portion of the property line that abuts an adjacent side or rear yard, all other portions of the front yard fence that does not abut an adjacent side or rear yard is limited to three feet For single-family residences on corner lots, a fiveDeleted: U Deleted: U
Deleted: U
Deleted: U
Deleted: U
Deleted: U
Deleted: U
Deleted: /U
Deleted: /U
Deleted: /U
Deleted: /U
Deleted: /U
Deleted: /U
Deleted: /U
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Packet Pg. 142 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 5 foot setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B. The maximum height of any fence or wall must also comply with visibility requirements if located at a street intersection (see PHMC §18.50.100.A) or at a driveway (see PHMC §18.55.130).
K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.
1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed qualifying residential development projects that comply with all objective design standards shall be subject to a ministerial architectural review process. Qualifying projects that do not comply with the objective design standards, or projects not seeking streamlined permit review, as determined by state law, shall be subject to a discretionary architectural review permit process, as specified in PHMC Chapter 18.115.
L. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 8. Schedule 18.25.020, Land use regulations for “fitness studios”, “retail sales”, and “temporary uses” within all commercial, retail business, neighborhood business, office and light industrial districts is amended as follows:
SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Fitness studio U U U – L12
Retail sales, less than 20,000 square feet P P L-2 P L4
Firearms sales – L16L-16 L16L16
This regulation also applies to
firearms sales in any planned unit
district (PUD).
With enclosed or unenclosed outdoor dropoff, display or storage of goods U U – U –
Retail sales, more than 20,000 square feet L5 P L-2 P L4
Deleted: processed ministerially
Deleted: the
Deleted: ¶
Deleted: P
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Packet Pg. 143 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 6 SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Automobile parts and accessory sales with
incidental installation located entirely within
an enclosed building
– P – P P
Temporary Uses
See PHMC Chapter 18.100.
Eating and drinking use T T T T T
Real estate sales T T T T T
Section 9. Schedule 18.25.030, Development regulations for “scenic routes” in Commercial, Office and Limited Industrial Districts is amended as follows:
SCHEDULE 18.25.030 – DEVELOPMENT REGULATIONS IN COMMERCIAL, OFFICE AND LIMITED
INDUSTRIAL DISTRICTS
NB RB PAO C LI
Additional
Development
Regulations
Scenic Route (feet) 50 50 50 50 50 (I)
Section 10. Section 18.25.040.I, Additional development regulations related to Schedule
18.25.030 is introduced as follows:
I. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 11. Section 18.50.110.J, Tree preservation is amended as follows:
J. Tree Removal Permit Expiration. An approved Tree Removal Permit shall be valid for a period of one year from the approval date, unless the tree is removed, or the permit renewed by the zoning administrator or other hearing body that originally approved it.
K. Appeals. Any decision to approve or deny a tree removal may be appealed by the applicant or any interested party pursuant to the procedures specified in PHMC Chapter 18.130.
Section 12. Schedule 18.55.030, Off-street parking and loading spaces required for “family day care home, large”, and “family day care home, small” is amended as follows:
Deleted: J
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Packet Pg. 144 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 7 SCHEDULE 18.55.030A
OFF-STREET PARKING AND LOADING SPACES REQUIRED
Use Classification Off-Street Parking Spaces
Off-Street Loading
Spaces:
Schedule 18.55.030B
Group Number
Residential
Family day care home,
large
See applicable single-family or multi-family residential parking requirements.
Family day care home,
small
See applicable single-family or multi-family residential parking requirements.
Section 13. Section 18.55.070.A.3, Electric vehicle (EV) parking is amended as follows:
A. Electric vehicle (EV) parking – Number required.
1. Commercial use classifications. New development shall provide a minimum of one EV parking space (including charging facility) when the parking lot has 25 to 50 parking spaces, and one additional EV parking space (including charging facility) for every 50 additional spaces. Existing parking lots that are modified and subject to the provisions of PHMC § 18.55.020.A shall also be required to comply with this section.
2. All other use classifications: as specified by architectural review, use or development plan permit.
3. Development regulations: contained in PHMC § 14.75.
Section 14. Section 18.60.020.R, Exempt signs is amended as follows:
R. Real estate sign.
1. One temporary on-site real estate sign not exceeding six square feet in R, HPUD, and residential areas of PUD and PPD districts or 32 square feet in other districts that advertises the sale, lease or rental of a structure or land. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease or rental of the property.
2. Up to 24 square feet of sign area for temporary on-site real estate signage shall be permitted during the construction and for the grand/initial opening of multifamily residential developments and single-family residential subdivisions containing three or more homes for sale.
3. Up to four off-site open house signs, each not exceeding four square feet in area and three feet in height, to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, are allowed only on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. No Deleted: 1 per 6 children.
Deleted: .1 per 6 children.
Deleted: 18.50.170.
Deleted: 2
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Packet Pg. 145 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 8 temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner.
Section 15. Section 18.60.020.X, Exempt signs is amended as follows:
X. Vehicle or trailer sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1. The vehicle or trailer is legally parked within a single, delineated parking space; and
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer, in which case it may be exempt, or where the primary purpose of the sign is to advertise a product or business or direct people to a business or activity located on the same or other property, in which case it is prohibited:
a. Whether the sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle;
b. Whether the vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; d. Whether the vehicle or trailer is regularly parked in a location and in a manner so as to be observed by passersby;
e. Whether the vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate;
f. Whether the vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and
g. Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.
It is not necessary that any one or all of the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter.
Section 16. Section 18.60.030.B, Required sign permits is amended as follows:
B. Sign permit for permanent sign. A sign permit is required for a permanent sign including the following types: wall sign, freestanding sign, shingle sign, off-premises sign, multiple-story office sign, theater or cinema sign, and variations from an approved master sign program for individual signs. The application and approval procedures are set forth in PHMC Chapter 18.105.
Deleted: <#>The sign is incidental to the primary use of the vehicle or trailer;¶
<#>The vehicle or trailer is used as a vehicle in the ordinary course of business; and¶
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Packet Pg. 146 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 9 Section 17. Section 18.60.040.C, Calculating maximum sign area, is amended as follows:
Section 18.60.040.C.4 Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
1. Only one side of a building is used in calculating the building frontage. The zoning administrator may designate another side of a building as the building frontage if it is determined that: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted.
3. No sign or sign area permitted on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accord with a master sign plan prepared under PHMC § 18.60.080.
4. Sign area shall be computed by measuring the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area. For panel signs (see definition), the background area of the panel (surrounding the lettering) shall not be included in the calculation of sign area; provided, that the background of the panel does not contain text, is designed to complement the sign design and the building facade, is proportionate to the size of the sign lettering, and is compatible with the colors, materials and design of the sign.
Section 18. Section 18.60.050.B.3, Sign illumination, is amended as follows:
Section 18.60.050.B.3 Illumination – Movement. The following regulations apply to a sign which is illuminated or which moves.
5. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade.
6. If a sign is indirectly illuminated, the lighting shall be white or amber colored.
7. A sign directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open.
Section 19. Section 18.60.050.G, Wall Signs, is amended as follows:
Section 18.60.050.G Wall Signs. A wall sign must comply with the maximum sign area requirements of PHMC § 18.60.040 and shall not:
8. Project above an eave or parapet, including the eave of a simulated mansard roof;
9. Project more than six inches from the face of the building; or Deleted: (s)
Deleted: an R
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Packet Pg. 147 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 10 10. Include illumination between the hours of 10:00 p.m. and 6:00 a.m., except during the hours a business is open, when facing a residential zoning district as set forth in PHMC Section 18.60.050.B.3.
Section 20. Section 18.65.030.C, Restoration of nonconforming structures is amended as follows:
Section 18.65.030.C. Restoration.
11. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion.
12. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50%, the structure shall not be restored except in full conformity with the regulations for the district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a use permit by the zoning administrator.
13. The extent of damage or partial destruction under subsection C.1 or C.2 of this section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the chief building official.
14. Notwithstanding the requirements of this subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.A may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under this section.
15. Notwithstanding the requirements of PHMC § 18.20.050, an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a use permit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a building permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure.
Deleted: R
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Packet Pg. 148 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 11 16. Notwithstanding the requirements of this subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a use permit under this section.
Section 21. Section 18.85.010, Zoning permit applicability is amended as follows:
Section 18.85.010. Purpose and Applicability.
A zoning permit is required before issuance of a building or grading permit, before a change in use of a property or establishment of a new business, issuance of a Section 6409(a) permit, or before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. Small and large family day care homes, and other uses exempt under state law, are exempt from this requirement.
Section 22. Section 18.115.020, Architectural review permit approval authority is amended as follows:
18.115.020, Approval authority.
A. Architectural review commission. Except as provided in subsections B and C of this section, the architectural review commission has the authority to approve architectural review permits. The architectural review commission is established under PHMC Chapter 3.10.
B. Zoning administrator. The zoning administrator has the authority to approve an architectural review permit for any of the following improvements if the zoning administrator finds that such improvements will not have a significant visual impact.
1. A minor alteration to an existing structure in a PUD, PPD or HPUD development that is consistent with the original approval and has the approval of the homeowners association, if one exists;
2. A minor alteration to an existing structure in the RB, NB, C, PAO or LI district that is consistent with the original approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements;
3. An addition or repair to an existing structure if the exterior is not altered.
The zoning administrator may, in his or her discretion, refer an application directly to the architectural review commission. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2)
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Packet Pg. 149 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 12 C. Streamlined ministerial review. Residential development projects qualifying for streamlined permit review, as established under PHMC Section 18.20.040.K, shall be subject to a ministerial architectural review process.
Section 23. Section 18.140.010, Definitions for “Structure, accessory” and “Yard types” is amended as follows:
Section 18.140.010, Definitions. “Structure, accessory” Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC § 18.20.140, fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, free-standing decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
Section 18.140.010, Definitions. “Yard Types”
Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Section 24. This ordinance is consistent with the following General Plan Policies and Programs:
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Packet Pg. 150 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 13 a. Land Use Policy 4.4 – Capture Local Spending: Encourage the development of a broad range of commercial uses that capture a greater share of local spending and reduce resident’s reliance upon travel to nearby communities.
The proposed amendment provides further clarification and expansion of certain commercial land use classification such as limited automobile maintenance and retail sales uses that may help revitalize commercial areas, general local spending, and encourage uses that would otherwise consider locations in nearby communities.
b. Land Use Policy 8.2 – Incompatible Land Uses: Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance, automobile washing and exterior protection, and retail sales uses that will not impact the existing balance between residential development and commercial and office uses.
Additionally, the amendment introduces a use permit requirement for fitness facilities in the Professional and Administrative Office zone to ensure compatibility between office and other uses. Finally, the amendment clarifies policies surrounding fence provisions for privacy, and sign illumination when facing a residential district, to ensure reasonable balance is maintained between residential and commercial uses.
c. Economics and Economy Policy 3.5 – Underutilized Parcels: Facilitate appropriate reuse of underutilized parcels.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance and retail sales uses that may help to revitalize commercial areas and could lead to redevelopment of certain sites. Additionally, this amendment introduces a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, which will streamline the process for certain residential developments in appropriate, underutilized parcels. d. Housing Policy 2.3 – Streamline Review: Facilitate streamlined review of below market rate and special needs housing projects.
The proposed amendments introduce a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, many of which include provisions for affordable housing. This new process will streamline the process for certain residential developments.
Section 25. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.”
Section 26. This ordinance shall be effective 30 days after its adoption.
Section 27. Within fifteen days after the passage of this ordinance, the City Clerk shall
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Packet Pg. 151 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 14 cause it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the __ day of ________, 2023.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of ___, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
________________________________________
JUANITA DAVALOS, Acting City Clerk
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Packet Pg. 152 Attachment: Attachment A - Draft Ordinance Language (strikeout-underline) (2023 Miscellaneous Zoning Ordinance Amendments) 1 ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL AMENDING PLEASANT HILL MUNICIPAL CODE SECTION 5.05.240, BUSINESS LICENSE, SECTION 18.15.040, COMMERCIAL USE CLASSIFICATIONS, SECTION
18.15.070, TEMPORARY USE CLASSIFICATIONS, SECTION 18.20.020, LAND USE REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.20.030, DEVELOPMENT REGULATIONS IN ALL RESIDENTIAL DISTRICTS, SECTION 18.20.040,
ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS, SECTION 18.25.020, LAND USE REGULATIONS FOR ALL COMMERCIAL, RETAIL
BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.25.030, DEVELOPMENT REGULATIONS IN ALL COMMERCIAL, RETAIL
BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICT, SECTION 18.25.040, ADDITIONAL DEVELOPMENT REGULATIONS FOR ALL
COMMERCIAL, RETAIL BUSINESS, NEIGHBORHOOD BUSINESS, OFFICE AND LIGHT INDUSTRIAL DISTRICTS, SECTION 18.50.110, TREE PRESERVATION, SECTION
18.55.030, OFF-STREET PARKING AND LOADING SPACES REQUIRED, SECTION
18.55.070, ELECTRIC VEHICLE PARKING, CHAPTER 18.60, SIGNS, SECTION 18.65.030, RESTORATION OF NON-CONFORMING STRUCTURES, SECTION 18.85.010, ZONING PERMIT APPLICABILITY, SECTION 18.115.020, ARCHITECTURAL REVIEW PERMIT APPROVAL AUTHORITY, & SECTION 18.140.010, DEFINITIONS
WHEREAS, amendments to Title 5 and Title 18 of the Pleasant Hill Municipal Code are proposed to amend provisions related to related to applicability of zoning code regulations, parking, signs, tree preservation, architectural review permits, accessory structures, fences and walls, use classifications, and definitions; and
WHEREAS, the City wishes to clarify and streamline various sections of the zoning code that have has created confusion and questioned its applicability; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing before the Planning Commission on the proposed ordinance was noticed for May 9, 2023.
The meeting was then cancelled due to a lack of quorum and the item was continued to May 23, 2023; and
WHEREAS, on May 23, 2023, the Planning Commission held the continued public hearing and received public comment where all interested persons might appear and be heard, and adopted Resolution No. 11-23 recommending that the City Council adopt the proposed ordinance; and WHEREAS, after notice having been duly given, a public hearing on the proposed ordinance was held by the City Council on _____, 2023, where all interested persons might appear and be heard.
NOW, THEREFORE, the City Council of the City of Pleasant Hill does ordain as follows:
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Packet Pg. 153 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 2 Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. The City Council hereby finds that it can be seen with certainty that there is no possibility that the adoption of this ordinance may have a significant effect on the environment as the proposed activity (ordinance amendment) is exempt as it will not have a significant effect on the environment as it does not directly approve any physical development. The adoption of this ordinance is therefore exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations.
Section 3. Section 5.05.240.O, Exempt activities and organizations for Business Licenses is amended as follows:
5.05.240.O Exempt activities and organizations.
O. Residential care facility or residential family day care home. Residential care facility or residential family day care home of six people or less, whether adults or children or a small or large residential family day care home. (See generally: Health and Saf. Code §§ 1502, 1502.5, 1523.1(a)(3), 1566.2, 1568.05(b), 1569.18, 1596.78(c), 1596.803(a)(3), 1597.42, 1597.45(b).)
Section 4. Section 18.15.040, Commercial use classification for “automobile maintenance, limited”, “automobile washing”, and “retail sales”, is amended as follows:
18.15.040 Commercial use classifications.
Automobile maintenance, limited. An establishment engaged in the limited maintenance of automobiles, including but not limited to, the replacement and refurbishment of motor vehicle fluids (excluding fuel), chassis lubrication, minor tuneups, smog inspection, and window tint installation, or other similar maintenance of automobiles and light vehicles, excluding washing of the vehicle, waxing, and other cleaning or surface treatment of the vehicle, and those services described under the “automobile, vehicle and equipment repair” use classification.
Automobile washing and exterior protection. Washing, waxing, or cleaning of automobiles or similar light vehicles and the installation of exterior body wraps, coating and protective film, excluding exterior paint.
Retail sales. An establishment engaged in retail sales of goods, including, but not limited to, the retail sale of merchandise not specifically listed under another use classification.
This classification includes but is not limited to a department store, clothing store, secondhand store, furniture store, and business retailing the following goods as examples:
toys, hobby materials, groceries, hand-crafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, kitchen utensils, hardware, appliances, art, antiques, art supplies and services, baseball cards, coins and other collectibles (e.g., cards or comics), comics, paint and wallpaper, carpeting and floor
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Packet Pg. 154 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 3 covering, medical supplies, office supplies, bicycles, and new automotive parts and accessories (including installation, but excluding service activities).
Section 5. Section 18.15.070, Temporary use classifications is amended as follows:
18.15.070, Temporary use classifications.
Uses that are short-term or temporary in nature are classified separately for purposes of the land use regulations; provided, that the use does not exceed any time limits specified. (Reference: PHMC Chapter 18.100, Temporary Use Permit.) If the event takes place partly or wholly on public property, see PHMC Chapter 6.20, Special Event Permit.
Agricultural sales. Seasonal sales of agricultural or horticultural products, including Christmas trees, pumpkins and firewood.
Animal shows or sales. Exhibitions of domestic or large animals. This classification includes animal sales.
Arts and crafts shows, outdoor. Display and sale of painting, sculpture, hand crafts and similar objects.
Civic and community events. Special events open to the public.
Commercial filming, limited. Commercial motion picture or video photography at the same location.
Eating and drinking use. Serving of prepared food or beverages for consumption on or off the premises on a site that is not permanently occupied by, or related to, an existing legally established on-site, a eating and drinking establishment.
Farmers’ market. Recurring sales of agricultural, horticultural and other food products that are seasonal in nature.
Live entertainment event. Concert, carnival, circus, fair, or other similar event.
Personal property sales. Sales of personal property by a resident. This classification includes garage sales.
Real estate sales. An on-site office for the marketing, sales or rental of residential, commercial or industrial development. This classification includes “model homes.”
Recreational events. Events featuring sports, exercise, physical play or competitions.
Religious group assembly. Religious services conducted on a site that is not permanently occupied by a religious assembly use.
Retail sales, outdoor. Retail sales of merchandise in an open or covered outdoor area on the site of a legally established retail business.
Street fair. Provision of games, eating and drinking facilities, live entertainment, or similar activities not requiring the use of roofed structures.
Swap meet. Retail sale or exchange of new, hand-crafted, or secondhand merchandise.
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Packet Pg. 155 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 4 Trade fairs. Display and sale of goods or equipment related to a specific trade or industry.
Section 6. Section 18.20.020, Land use regulations for “home occupation,” “accessory uses,” and temporary “real estate sales” in all residential districts is amended as follows:
SCHEDULE 18.20.020
R AND MR DISTRICTS:
LAND USE
REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
R20
R15
R10
R10AR-7
R-6 MRVL MRL MRM MRH Additional Use Regulations
Residential Uses
Home occupation P P P P P P P See PHMC § 18.20.070.
Accessory Uses P P P P P P P See PHMC § 18.15.060 and §
18.20.050.
Temporary Uses See PHMC Chapter 18.100.
Real estate sales P P P P P P P
1. Schedule 18.20.030, Development regulations for “scenic routes” in all residential districts is amended as follows:
SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R10A R-7 R-6 MRVL MRL MRM MRH
Additional Development
Regulations (See PHMC
§ 18.20.040)
Scenic Route 50 50 50 50 50 50 50 50 50 50 L
Section 7. Section 18.20.040, Additional development regulations corresponding to residential development is amended as follows:
18.20.040.I, 18.20.040.K and 18.20.040.L, Additional development regulations corresponding to Schedule 18.20.030.
I. Fences and walls. The maximum height of any fence or wall (including a retaining wall) is six feet, except three feet within required front and corner side yards, unless otherwise specified below. The maximum height of any fence located within the front yard of a lot is six feet along any portion of the property line that abuts an adjacent side or rear yard, all other portions of the front yard fence that does not abut an adjacent side or rear yard is limited to three feet for single-family residences on corner lots, a five-foot
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Packet Pg. 156 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 5 setback from the corner side property line is required for a wall or fence over three feet in height. (See also subsection C of this section.) Height is measured pursuant to PHMC § 18.145.050.B. The maximum height of any fence or wall must also comply with visibility requirements if located at a street intersection (see PHMC §18.50.100.A) or at a driveway (see PHMC §18.55.130).
K. City-wide objective design standards. All single-family residential and multifamily residential development shall comply with objective design standards, as adopted by city council resolution.
1. Streamlined residential projects. If a proposed residential development project qualifies for streamlined permit review, as determined by state law, the zoning administrator shall review the proposed project to verify compliance with the objective design standards applicable to such projects. Proposed qualifying residential development projects that comply with all objective design standards shall be subject to a ministerial architectural review process. Qualifying projects that do not comply with the objective design standards, or projects not seeking streamlined permit review, as determined by state law, shall be subject to a discretionary architectural review permit process, as specified in PHMC Chapter 18.115.
L. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 8. Schedule 18.25.020, Land use regulations for “fitness studios,” “retail sales,” and “temporary uses” within all commercial, retail business, neighborhood business, office and light industrial districts is amended as follows:
SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Fitness studio U U U – L12
Retail sales, less than 20,000 square feet P P L-2 P L4 Firearms sales – L16L-16 L16L16
This regulation also applies to
firearms sales in any planned unit
district (PUD).
With enclosed or unenclosed outdoor dropoff, display or storage of goodsU U – U – Retail sales, more than 20,000 square feet L5P L-2 P L4
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Packet Pg. 157 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 6 SCHEDULE 18.25.020
NB, RB, PAO, C, AND LI DISTRICTS:
LAND USE REGULATIONS
P Permitted
U Use Permit Required
T Temporary Use Permit Required
L Limited (see specific limitations listed following schedule) – Not Permitted
NB RB PAO C LI Additional Use Regulations
Automobile parts and accessory sales with
incidental installation located entirely within
an enclosed building
– P – P P
Temporary Uses See PHMC Chapter 18.100.
Eating and drinking use T T T T T
Real estate sales T T T T T
Section 9. Schedule 18.25.030, Development regulations for “scenic routes” in Commercial, Office and Limited Industrial Districts is amended as follows:
SCHEDULE 18.25.030 – DEVELOPMENT REGULATIONS IN COMMERCIAL, OFFICE AND LIMITED
INDUSTRIAL DISTRICTS
NB RB PAO C LI
Additional
Development
Regulations
Scenic Route (feet) 50 50 50 50 50 (I)
Section 10. Section 18.25.040.I, Additional development regulations related to Schedule
18.25.030 is introduced as follows:
I. Scenic Routes. See 2040 General Plan, Land Use Goal 2 (LU-2).
Section 11. Section 18.50.110.J, Tree preservation is amended as follows:
J. Tree Removal Permit Expiration. An approved Tree Removal Permit shall be valid for a period of one year from the approval date, unless the tree is removed, or the permit renewed by the zoning administrator or other hearing body that originally approved it.
K. Appeals. Any decision to approve or deny a tree removal may be appealed by the applicant or any interested party pursuant to the procedures specified in PHMC Chapter 18.130.
Section 12. Schedule 18.55.030, Off-street parking and loading spaces required for “family day care home, large,” and “family day care home, small” is amended as follows:
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Packet Pg. 158 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 7 SCHEDULE 18.55.030A
OFF-STREET PARKING AND LOADING SPACES REQUIRED
Use Classification Off-Street Parking Spaces
Off-Street Loading
Spaces:
Schedule 18.55.030B
Group Number
Residential
Family day care home,
large
See applicable single-family or multi-family residential parking requirements.
Family day care home,
small
See applicable single-family or multi-family residential parking requirements.
Section 13. Section 18.55.070.A.3, Electric vehicle (EV) parking is amended as follows:
A. Electric vehicle (EV) parking – Number required.
1. Commercial use classifications. New development shall provide a minimum of one EV parking space (including charging facility) when the parking lot has 25 to 50 parking spaces, and one additional EV parking space (including charging facility) for every 50 additional spaces. Existing parking lots that are modified and subject to the provisions of PHMC § 18.55.020.A shall also be required to comply with this section.
2. All other use classifications: as specified by architectural review, use or development plan permit.
3. Development regulations: contained in PHMC § 14.75.
Section 14. Section 18.60.020.R, Exempt signs is amended as follows:
R. Real estate sign.
1. One temporary on-site real estate sign not exceeding six square feet in R, HPUD, and residential areas of PUD and PPD districts or 32 square feet in other districts that advertises the sale, lease or rental of a structure or land. Any freestanding sign shall not exceed six feet in height. The sign shall be removed within seven working days following the sale (close of escrow), lease or rental of the property.
2. Up to 24 square feet of sign area for temporary on-site real estate signage shall be permitted during the construction and for the grand/initial opening of multifamily residential developments and single-family residential subdivisions containing three or more homes for sale.
3. Up to four off-site open house signs, each not exceeding four square feet in area and three feet in height, to be placed as necessary at street intersections leading to the open house, plus one on-site real estate company open house sign, are allowed only on the weekends or for the Contra Costa Association of Realtors-sponsored broker’s open house. Only one sign is allowed per intersection regardless of the number of open houses in the direction indicated by the sign. No
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Packet Pg. 159 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 8 temporary off-site directional real estate sign shall be located on a wall or fence in the public right-of-way, on a utility pole, or on a public street, median strip, traffic island, public landscaped area, sidewalk or private property without permission of the owner.
Section 15. Section 18.60.020.X, Exempt signs is amended as follows:
X. Vehicle or trailer sign. An identification sign painted on or affixed to a vehicle or trailer if all of the following apply:
1. The vehicle or trailer is legally parked within a single, delineated parking space; and
2. The sign is incidental to the primary use of the vehicle or trailer. The following criteria may be used in determining whether the sign is indeed incidental to the primary use of the vehicle or trailer, in which case it may be exempt, or where the primary purpose of the sign is to advertise a product or business or direct people to a business or activity located on the same or other property, in which case it is prohibited:
a. Whether the sign is painted upon or applied in a permanent manner directly to an integral part of the vehicle or trailer or merely temporarily attached to the vehicle;
b. Whether the vehicle or trailer is in operating condition, currently registered and licensed to operate on public streets when applicable; c. While the business is open, the vehicle is not moved and the vehicle is so parked or placed that the signs thereon are displayed to the public; d. Whether the vehicle or trailer is regularly parked in a location and in a manner so as to be observed by passersby;
e. Whether the vehicle or trailer is actively used as a vehicle in the daily function of the business to which such signs relate;
f. Whether the vehicle or trailer is associated with, and necessary to, performing a service at the property in which the vehicle or trailer is located; and
g. Whether the sign includes directional copy that would only be applicable if parked in the vicinity of the use.
It is not necessary that any one or all of the listed criteria be present in order to determine that a vehicle sign falls into the exempt or prohibited category; the criteria are intended to guide City staff toward making consistent determinations on the matter.
Section 16. Section 18.60.030.B, Required sign permits is amended as follows:
B. Sign permit for permanent sign. A sign permit is required for a permanent sign including the following types: wall sign, freestanding sign, shingle sign, off-premises sign, multiple-story office sign, theater or cinema sign, and variations from an approved master sign program for individual signs. The application and approval procedures are set forth in PHMC Chapter 18.105.
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Packet Pg. 160 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 9 Section 17. Section 18.60.040.C, Calculating maximum sign area, is amended as follows:
Section 18.60.040.C.4 Calculating maximum sign area. In determining compliance with maximum sign area, the following general regulations apply:
1. Only one side of a building is used in calculating the building frontage. The zoning administrator may designate another side of a building as the building frontage if it is determined that: (a) the primary access to the tenant spaces is from a side facing an interior side lot line; and (b) the interior lot line is longer than the front lot line.
2. Only the street frontage that is developed or approved for development is counted for purposes of determining the maximum allowable sign area. Vacant land reserved for future development is not counted.
3. No sign or sign area permitted on one tenant’s building frontage shall be transferred to another tenant’s building frontage within a shopping center or other multi-tenant structure or development except in accord with a master sign plan prepared under PHMC § 18.60.080.
4. Sign area shall be computed by measuring the simplest geometric shape that will encompass the extreme limits of the sign. Negative space that is bounded by sign elements must be counted as sign area. For panel signs (see definition), the background area of the panel (surrounding the lettering) shall not be included in the calculation of sign area; provided, that the background of the panel does not contain text, is designed to complement the sign design and the building facade, is proportionate to the size of the sign lettering, and is compatible with the colors, materials and design of the sign.
Section 18. Section 18.60.050.B.3, Sign illumination, is amended as follows:
Section 18.60.050.B.3 Illumination – Movement. The following regulations apply to a sign which is illuminated or which moves.
5. No sign may have exposed fluorescent tubes or incandescent bulbs unless determined by the decision-making authority to be an enhancement to the design of the sign and complementary to the architecture of a building facade.
6. If a sign is indirectly illuminated, the lighting shall be white or amber colored.
7. A sign directly visible from a residential zoning district shall not be illuminated between 10:00 p.m. and 6:00 a.m., except during the hours the business is open.
Section 19. Section 18.60.050.G, Wall Signs, is amended as follows:
Section 18.60.050.G Wall Signs. A wall sign must comply with the maximum sign area requirements of PHMC § 18.60.040 and shall not:
8. Project above an eave or parapet, including the eave of a simulated mansard roof;
9. Project more than six inches from the face of the building; or
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Packet Pg. 161 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 10 10. Include illumination between the hours of 10:00 p.m. and 6:00 a.m., except during the hours a business is open, when facing a residential zoning district as set forth in PHMC Section 18.60.050.B.3.
Section 20. Section 18.65.030.C, Restoration of nonconforming structures is amended as follows:
Section 18.65.030.C. Restoration.
11. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to the extent of 50% or less, the structure may be restored (and the nonconforming use resumed); provided, that restoration is started within six months and diligently pursued to completion.
12. If a nonconforming structure is destroyed by fire or other calamity or is voluntarily razed or is required by law to be razed, to an extent greater than 50%, the structure shall not be restored except in full conformity with the regulations for the district in which it is located. However, a residential structure in an residential zoning district that does not conform to yard setbacks, height, or number of stories, or a residential garage that does not conform to the minimum dimensional limits may be reconstructed with the same floor area, provided there is no increase in any nonconformity, and upon issuance of a use permit by the zoning administrator.
13. The extent of damage or partial destruction under subsection C.1 or C.2 of this section shall be based upon the ratio of the estimated cost of restoring the structure to its condition before the damage or partial destruction to the estimated cost of duplicating the entire structure as it existed before the damage or partial destruction. Estimates for this purpose shall be made by or shall be reviewed and approved by the chief building official.
14. Notwithstanding the requirements of this subsection C, a structure, or any portion of it, which is legally existing as of February 24, 2010, and which is located within a creek setback area under PHMC § 18.50.150.A may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity) without the requirement of a use permit under this section.
15. Notwithstanding the requirements of PHMC § 18.20.050, an accessory structure, or any portion of it, which is legally existing as of September 28, 2011, which exceeds the allowable height and/or size only, may be replaced or reconstructed in kind without the requirement of a use permit under this section (refers to the nonconforming structure provisions of the zoning ordinance) if the property owner obtains a building permit within 18 months of the voluntary or involuntary destruction of the structure; and provided, that the replacement structure will not exceed the height, floor area, lot coverage, or otherwise increase the degree of nonconformity of the original structure.
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Packet Pg. 162 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 11 16. Notwithstanding the requirements of this subsection C, a care facility, large, licensed or unlicensed, which is legally existing within any single-family residential zone district as of June 20, 2012, may be replaced in kind if the property owner obtains a building permit within 18 months (within the same building footprint and without increasing the degree of nonconformity or intensity of use) without the requirement of a use permit under this section.
Section 21. Section 18.85.010, Zoning permit applicability is amended as follows:
Section 18.85.010. Purpose and Applicability.
A zoning permit is required before issuance of a building or grading permit, before a change in use of a property or establishment of a new business, issuance of a Section 6409(a) permit, or before modifying, replacing or constructing an accessory structure, replacing or constructing a fence or wall within a residential front or street side yard. The purpose is to ensure that each new or expanded use of a site and each new or expanded structure complies with this chapter. Small and large family day care homes, and other uses exempt under state law, are exempt from this requirement.
Section 22. Section 18.115.020, Architectural review permit approval authority is amended as follows:
18.115.020, Approval authority.
A. Architectural review commission. Except as provided in subsections B and C of this section, the architectural review commission has the authority to approve architectural review permits. The architectural review commission is established under PHMC Chapter 3.10.
B. Zoning administrator. The zoning administrator has the authority to approve an architectural review permit for any of the following improvements if the zoning administrator finds that such improvements will not have a significant visual impact.
1. A minor alteration to an existing structure in a PUD, PPD or HPUD development that is consistent with the original approval and has the approval of the homeowners association, if one exists;
2. A minor alteration to an existing structure in the RB, NB, C, PAO or LI district that is consistent with the original approval. Minor alterations include improvements such as repainting, landscape modification, and window replacements;
3. An addition or repair to an existing structure if the exterior is not altered.
The zoning administrator may, in his or her discretion, refer an application directly to the architectural review commission. (Ord. 738 § 1 (Exh. C), 1999; Ord. 710 § 35-32.2, 1996; 1991 code § 35-32.2)
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Packet Pg. 163 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 12 C. Streamlined ministerial review. Residential development projects qualifying for streamlined permit review, as established under PHMC Section 18.20.040.K, shall be subject to a ministerial architectural review process.
Section 23. Section 18.140.010, Definitions for “Structure, accessory” and “Yard types” is amended as follows:
Section 18.140.010, Definitions. “Structure, accessory” Structure, accessory. An accessory structure is a structure placed on a site, other than the principal, permanent residential structure. An accessory structure must be located on a site with an existing or proposed primary structure. Temporary containers or storage units regulated by PHMC § 18.20.140, fences or walls eight feet or less in height, decks attached to the principal permanent residential structure, free-standing decks 18 inches or less in height above ground, in-ground pools, and permanent basketball hoops shall not be considered accessory structures.
Section 18.140.010, Definitions. “Yard Types”
Corner side yard. A side yard on the street side of a corner lot. The depth of the corner side yard is the minimum horizontal distance between the corner side property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Front yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line and a line parallel to it on the site. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Rear yard. A yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel to it on the site. On a corner lot, the rear yard extends only to the corner side yard. If a public or private vehicular easement exists, the measurement is from the edge of the easement closest to the structure.
Side yard. A yard extending from the rear line of the required front yard, or the front property line of the site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the width of which is the horizontal distance between the side property line and a line parallel thereto on the site, except that the corner side yard shall extend to the rear lot line. If a corner side yard abuts a vehicular access easement that serves only one property, then said yard shall be treated as an interior side yard for setback purposes.
Section 24. This ordinance is consistent with the following General Plan Policies and Programs:
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Packet Pg. 164 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 13 a. Land Use Policy 4.4 – Capture Local Spending: Encourage the development of a broad range of commercial uses that capture a greater share of local spending and reduce resident’s reliance upon travel to nearby communities.
The proposed amendment provides further clarification and expansion of certain commercial land use classification such as limited automobile maintenance and retail sales uses that may help revitalize commercial areas, general local spending, and encourage uses that would otherwise consider locations in nearby communities.
b. Land Use Policy 8.2 – Incompatible Land Uses: Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance, automobile washing and exterior protection, and retail sales uses that will not impact the existing balance between residential development and commercial and office uses.
Additionally, the amendment introduces a use permit requirement for fitness facilities in the Professional and Administrative Office zone to ensure compatibility between office and other uses. Finally, the amendment clarifies policies surrounding fence provisions for privacy, and sign illumination when facing a residential district, to ensure reasonable balance is maintained between residential and commercial uses.
c. Economics and Economy Policy 3.5 – Underutilized Parcels: Facilitate appropriate reuse of underutilized parcels.
The proposed amendment provides further clarification for certain commercial land use classifications such as limited automobile maintenance and retail sales uses that may help to revitalize commercial areas and could lead to redevelopment of certain sites. Additionally, this amendment introduces a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, which will streamline the process for certain residential developments in appropriate, underutilized parcels. d. Housing Policy 2.3 – Streamline Review: Facilitate streamlined review of below market rate and special needs housing projects.
The proposed amendments introduce a new ministerial architectural review process and clarifies when the process could be utilized for residential projects in compliance with state law, many of which include provisions for affordable housing. This new process will streamline the process for certain residential developments.
Section 25. If any section, subsection, phrase, or clause of this article is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.” Section 26. This ordinance shall be effective 30 days after its adoption.
Section 27. Within fifteen days after the passage of this ordinance, the City Clerk shall
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Packet Pg. 165 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments) 14 cause it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the __ day of ________, 2023.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of ___, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
________________________________________
JUANITA DAVALOS, Acting City Clerk
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Packet Pg. 166 Attachment: Attachment B - Draft Ordinance Language (clean) (2023 Miscellaneous Zoning Ordinance Amendments)
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Packet Pg. 167 Attachment: Attachment C - Planning Commission Resolution 11-23 (2023 Miscellaneous Zoning Ordinance Amendments)
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Packet Pg. 168 Attachment: Attachment C - Planning Commission Resolution 11-23 (2023 Miscellaneous Zoning Ordinance Amendments)
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Packet Pg. 169 Attachment: Attachment C - Planning Commission Resolution 11-23 (2023 Miscellaneous Zoning Ordinance Amendments)
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Packet Pg. 170 Attachment: Attachment C - Planning Commission Resolution 11-23 (2023 Miscellaneous Zoning Ordinance Amendments)
CITY OF PLEASANT HILL
NOTICE OF PUBLIC HEARING
CITY COUNCIL
MISCELLANEOUS ZONING ORDINANCE AMENDMENTS
Citywide, City of Pleasant Hill
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will hold a public hearing to consider a proposed zoning ordinance amendment to various sections of the Pleasant Hill Zoning Ordinance and an associated amendment to the Pleasant Hill business license regulations. The proposed amendment would affect the following areas of the Municipal Code:
Section 18.15.070, Temporary Use Classifications
Section 18.20.020, Residential Land Use Regulations
Section 18.20.030 and Section 18.20.040, Residential Development Regulations Section 18.20.040.I, Additional Development Regulations – Fences and Walls Section 18.25.020, Commercial Land Use Regulations
Section 18.25.030 and Section 18.25.040, Commercial Development Regulations Section 18.50.110, Tree Preservation
Chapter 18.55, Off-Street Parking and Loading Regulations Chapter 18.60, Signs
Section 18.65.030, Nonconforming Structures
Section 18.85.010, Zoning Permits & associated Section 5.05.240.O, Business Licenses Exempt Activities Section 18.115.020, Approval Authority of Architectural Review Permits Chapter 18.140.010, Definitions
Other conforming amendments to the zoning ordinance for the topics listed above Pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) of 1970, as amended, the lead agency has determined that the proposed activity is exempt from CEQA.
The City, as the lead agency, has determined with certainty that the proposed activity will not have a significant effect on the environment, as the proposed amendments are intended to comply with applicable State provisions, streamline implementation and administration of the zoning ordinance, correct inconsistencies, and clarify ambiguities.
The PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, AUGUST 7, 2023, in the CITY COUNCIL CHAMBERS, City Hall, at 100 Gregory Lane, Pleasant Hill and through Video/Teleconference via Zoom Conference Meetings. Interested persons, both in-person and those participating through Zoom, will be heard at this time at the meeting. More information on how to participate via zoom, including providing live comments during the meeting, will be provided on the posted City Council Agenda.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(B) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at a Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.
For information on this matter, please call or email Haley Croffoot, Senior Planner, at (925)671-5297 or [email protected].
Troy Fujimoto
City Planner
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Packet Pg. 171 Attachment: Attachment D - Public Hearing Notice (2023 Miscellaneous Zoning Ordinance Amendments)
CITY COUNCIL STAFF REPORT
Meeting Date: August 07, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 ACCEPTING THE 2022 STREET RESURFACING PROJECT NO. PSC-01-22 AS COMPLETE AND
AUTHORIZING THE PUBLIC WORKS MANAGER TO ISSUE AND
RECORD A NOTICE OF COMPLETION
SYNOPSIS
The 2022 Street Resurfacing Project No. PSC-01-22 provided for a pavement resurface treatment on selected streets within three residential neighborhoods and two major collectors (Grayson Road and Chilpancingo Parkway) in the City. The contractor, MCK Services, Inc. has completed all the work to the City’s satisfaction. The purpose of this item is to consider the acceptance of the 2022 Street Resurfacing Project No. PSC-01-22 as complete and to authorize the issuance of a Notice of Completion.
DISCUSSION
Background
On September 12, 2022, City Council adopted Resolution No. 81-22, which awarded the 2022 Street Resurfacing Project’s construction contract to the low bidder, MCK Services, Inc. in the base bid amount of $4,437,305. Additionally, on October 3, 2022, City Council adopted Resolution No. 86-22, authorizing the allocation of $205,000 of available Measure K funds for needed pedestrian and bicycle upgrades on the project streets.
The 2022 Street Resurfacing Project No. PSC-01-22 was part of the annual Street Resurfacing Program (SRP) identified in the approved FY 2022-2027 Capital Improvement Plan (CIP). The project was divided into two phases. Phase I consisted of preparing the streets by repairing pavement failures (potholes), crack sealing, installing new ADA curb ramps and limited concrete curb, gutter and sidewalk repairs. Once this work was completed in October 2022, the contractor moved forward with Phase II, which provided a final pavement resurface treatment on project streets: Option 1: Full Depth Reclamation (FDR) followed by a Hot Mix Asphalt Overlay on the two collector streets or Option 2: Wedge grind followed by a Hot Mix Asphalt (HMA) Overlay on all residential streets. The surface treatment was followed by new thermoplastic striping of all project streets per the City’s draft Bicycle and Pedestrian Master Plan. This work on the collector streets was completed in November 2022. Construction stopped early in December
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2022, due to inclement weather, and restarted early March 2023. Remaining project work at that time included the resurfacing of residential streets in Poet’s Corner.
The contract documents originally identified 43 streets in two Residential Zones (RZ7 and RZ20) and two collector streets to receive a new surface treatment. The Budget Committee, at its November 30, 2022 meeting, directed staff to identify approved, unfunded projects that could utilize a portion of the FY21/22 unassigned Measure K fund balance. On February 27, 2023, in an effort to utilize these Measure K funds, City Council adopted Resolution No. 12-23, approving the resurfacing of an additional 19 residential streets in RZ17, with the same wedge grind/HMA overlay surface treatment utilized as part of the 2022 Street Resurfacing Project. The Council also approved $100,000 of the available Measure K funds for pothole repairs on the City’s arterial and collector streets. A change order was issued to MCK Services, Inc., and the work was completed in May 2023.
In an effort to increase pedestrian and bicyclist safety, additional thermoplastic striping, markings and signage upgrades were added to the project scope at five intersections within the City per the City’s draft Bicycle and Pedestrian Master Plan.
Project highlights included:
29,525 square yards of Full Depth Reclamation (recycled asphalt) 19,975 tons of Hot Mix Asphalt overlay on 57 residential and two collector street 7,835 square feet of 3” pothole repair of arterial and collector streets Installed 14 new ADA compliant curb ramps on residential streets Repaired 375 linear feet of curb and gutter
Updated/refreshed thermoplastic pavement markings, reflectors, striping and signage on 10.36 miles of residential and collector streets
Updated/refreshed thermoplastic pavement markings, reflectors, striping and signage at 5 intersections within the City of Pleasant Hill
Re-established 38 iron pipe survey monuments
Adjusted 198 Central Contra Costa Sanitary District (CCCSD) facilities Adjusted 143 Contra Costa Water District (CCWD) water valves Adjusted 101 East Bay Municipal Utility District (EBMUD) water valves Adjusted 36 Diablo Vista Water System water valves
As part of the Street Monumentation Program and in accordance with State law (protect existing monuments and re-establish monumentation), 38 iron pipe monuments in the project streets were re-established and set into monument casings. LCC Engineering and Surveying, Inc., a licensed surveyor, provided the professional surveying services necessary to perform the work.
Upon City Council acceptance, all project streets will be under a five-year street pavement moratorium to manage the pavement degradation from the effects of utility cuts and extend their useful life. This five-year street pavement moratorium will protect the City’s capital investment in streets, the street pavement integrity, ride quality and appearances of new street surfaces.
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Analysis
The project is now complete and the work conforms to the construction plans and specifications.
The project began on October 10, 2022, and was substantially completed at the end of May 2023, within the allotted contract time. The contract initially allotted 35 working days to complete the work and project completion date was November 23, 2022. The inclement winter weather resulted in a project shut down for 75 working days. The contractor was then awarded an additional 45 working days to complete all remaining contract and change order utility, paving and thermoplastic striping work. Acceptance of this project was delayed until the contractor completed all punch list items, and submitted all the necessary project closeout paperwork required by the contract documents.
The total cost of construction, including change orders, is $5,226,079.84, which is 8.9 percent below the approved contract amount of $5,742,305. Change order work included:
Resurfacing and thermoplastic striping on 16 residential streets in RZ17 Pothole repair on the City’s arterials and collectors Thermoplastic striping, markings and signage upgrades at Lucille Lane, Wendell Lane at Oak Park Boulevard, Kiki Drive, Paso Nogal Road and Monument Boulevard at Buskirk Avenue
Installation of buffered bike lanes on Chilpancingo Parkway and Grayson Road Installation of thermoplastic “sharrows” on residential streets The City is retaining approximately five percent of the total construction cost ($261,303.99) from MCK Services, Inc. to ensure that all subcontractors and suppliers have been paid. The procedure for releasing these monies is the City Council’s formal acceptance of the work with authorization to issue and record a Notice of Completion. If there are no claims filed within 35 days of recording the notice, final payment of the retained amount can be made to the contractor. After acceptance of the project, the City will have a one year maintenance period to address any problems that occur in that time frame.
FISCAL IMPACT
The project is funded by $2,804,450 in Measure K funds, $1,403,050 in SB1 funds, and $1,018,579.84 in Gas Tax Funds, totaling $5,226,079.84.
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 Resolution.
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ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.
ATTACHMENT(S):
Proposed Resolution
Project List of Streets
Prepared by: Ann James, Public Works Manager
Approved by: Ethan Bindernagel, City Manager
10.4 Packet Pg. 175
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING THE 2022 STREET RESURFACING PROJECT NO. PSC-01-22 AS COMPLETE
AND AUTHORIZING THE PUBLIC WORKS MANAGER TO ISSUE AND RECORD A
NOTICE OF COMPLETION
WHEREAS, the 2022 Street Resurfacing Project No. PSC-01-22 provides for the full depth reclamation, asphalt concrete overlay, and thermoplastic striping of various residential and collector streets in the City of Pleasant Hill; and
WHEREAS, on September 12, 2022, the City Council awarded a contract to MCK Services, Inc. to perform work described in the contract documents entitled 2022 Street Resurfacing Project No. PSC-01-22; and
WHEREAS, the work has been performed to the satisfaction of the City and MCK Services, Inc. is requesting final payment for the completed work; and WHEREAS, the California Public Contract Code requires the City to notify the public of acceptance of a project prior to making a final payment.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill finds that the work performed as 2022 Street Resurfacing Project No. PSC-01-22 is complete to the satisfaction of the City.
BE IT FURTHER RESOLVED, that the City Council of the City of Pleasant Hill orders that all project streets identified on project list of streets (attached) are subject to a five-year street pavement moratorium effective the date of this resolution; and BE IT FURTHER RESOLVED, that the Public Works Manager is authorized to execute a Notice of Completion and record it with the Office of the Recorder of the County of Contra Costa, State of California, within ten (10) days from the date thereof.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 7th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
TIMOTHY M. FLAHERTY, Mayor
ATTEST:
JUANITA DAVALOS, Acting City Clerk
10.4.a
Packet Pg. 176 Attachment: Proposed Resolution (Acceptance 2022 Street Resurfacing Project)
PROJECT LIST OF STREETS
Name Beg End
COLLECTOR
CHILPANCINGO PARKWAY
CONTRA COSTA
BOULEVARD CITY LIMITS
GRAYSON ROAD HERITAGE HILLS END
Name Beg End
RESIDENTIAL ZONE 7
ELLIOT DRIVE BOYD ROAD
STEVENSON
DRIVE
SUNSET DRIVE ELLIOT DRIVE (W) END
SUNSET DRIVE ELLIOT DRIVE (E) END
ELLIOT COURT ELLIOT DRIVE END
OAKVUE ROAD BOYD ROAD MARVIN DRIVE
MARVIN DRIVE OAKVUE ROAD BYRON DRIVE
BRUCE COURT OAKVUE ROAD END
OAKVUE COURT OAKVUE ROAD END
MCKISSICK STREET SOULE AVENUE END
HUBBARD AVENUE MCKISSICK STREET
ROBERTA
AVENUE
POSHARD STREET BOYD ROAD
ROBERTA
AVENUE
SOULE AVENUE BOYD ROAD PATTERSON BLVD
POWELL AVENUE SOULE AVENUE
ROBERTA
AVENUE
ROBERTA AVENUE PATTERSON BLVD END
HARDY CIRCLE SOULE AVENUE SOULE AVENUE
DUDLEY COURT PATTERSON BLVD END
BABBETTE COURT CLEAVELAND ROAD END
10.4.b
Packet Pg. 177 Attachment: Exhibit 1 - Project List of Streets (Acceptance 2022 Street Resurfacing Project) Name Beg End
RESIDENTIAL ZONE 20
MONTA VISTA COURT PATTERSON BLVD END
BRIDGE ROAD
PLEASANT VIEW
DRIVE END
WYATT CIRCLE
PLEASANT VIEW
DRIVE END
COATS CIRCLE
PLEASANT VIEW
DRIVE END
STEWART CIRCLE
PLEASANT VIEW
DRIVE END
GROVE CIRCLE
PLEASANT VIEW
DRIVE END
STEVENSON DRIVE OAK PARK BLVD END
BYRON COURT STEVENSON DRIVE END
COLLINS COURT STEVENSON DRIVE END
CHAUCER COURT STEVENSON DRIVE END
WHITTIER ROAD STEVENSON DRIVE END
BURNS COURT BYRON DRIVE END
EMERSON COURT BYRON DRIVE END
BYRON DRIVE STEVENSON DRIVE SHELLY DRIVE
COLLINS DRIVE STEVENSON DRIVE SHELLY DRIVE
CHAUCER DRIVE STEVENSON DRIVE SHELLY DRIVE
HAWTHORNE COURT SHELLY DRIVE END
KEATS CIRCLE OAK PARK BLVD END
SHELLY DRIVE LONGFELLOW DRIVE END
LONGFELLOW DRIVE KEATS CIRCLE PATTERSON BLVD
MASEFIELD DRIVE LONGFELLOW DRIVE
HAWTHORNE
DRIVE
HAWTHORNE DRIVE (W) PATTERSON BLVD SHELLY
HAWTHORNE DRIVE (E) PATTERSON BLVD CITY LIMITS
MONTE CRESTA AVENUE
OAK PARK
BOULEVARD PATTERSON BLVD
SANTA BARBARA ROAD PATTERSON BLVD
MONTICELLO
AVENUE
PLEASANT VIEW DRIVE OAK PARK BLVD
PLEASANT HILL
ROAD
10.4.b
Packet Pg. 178 Attachment: Exhibit 1 - Project List of Streets (Acceptance 2022 Street Resurfacing Project) Name Beg End
RESIDENTIAL ZONE 17
DOBBS DRIVE SLATER AVENUE TAYLOR BLVD
PLEASANT OAKS PLACE
PLEASANT OAKS
DRIVE END
PLEASANT OAKS COURT
PLEASANT OAKS
DRIVE END
PLEASANT OAKS DRIVE GRAYSON ROAD DOBBS DRIVE
BUTTNER ROAD GRAYSON ROAD END
DONKEY FLATS COURT BUTTNER ROAD END
GRAYSON LANE
PLEASANT OAKS
DRIVE END
GOLF LINKS STREET GRAYSON ROAD END
ST. ANDREW COURT GOLF LINKS STREET END
MEDALLION COURT GOLF LINKS STREET END
PALMER COURT GOLF LINKS STREET END
IRON HILL STREET GRAYSON ROAD END
HERITAGE HILLS DRIVE GRAYSON ROAD END
CEDAR COURT
HERITAGE HILLS
DRIVE END
BRIANRIDGE COURT
HERITAGE HILLS
DRIVE END
MEADOWOOD COURT
HERITAGE HILLS
DRIVE END
WOODSIDE MEADOWS ROAD
HERITAGE HILLS
DRIVE END
DRIFTWOOD COURT
WOODSIDE
MEADOWS ROAD END
TIMBERLINE COURT
WOODSIDE
MEADOWS ROAD END
10.4.b
Packet Pg. 179 Attachment: Exhibit 1 - Project List of Streets (Acceptance 2022 Street Resurfacing Project)