CITY OF PLEASANT HILL
CITY COUNCIL MEETING AGENDA
DECEMBER 18, 2023
REGULAR MEETING – 7:00 PM
The public meeting of the City Council will be held in person at City Hall, 100 Gregory Lane, Pleasant Hill, CA 94523. A Zoom link is provided herewith as a courtesy, but members of the public are advised that they will only have the option to participate via teleconference using the Zoom platform in the event that a member of the legislative body is approved to attend remotely pursuant to the provisions of Assembly Bill 2449.
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: 871 0754 4464
Passcode: 471022
The meeting ID and Passcode will change each meeting. See more information on Public Participation Options below.
City Council Meeting Agenda Page 1 December 18, 2023
Council Chambers, 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), 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 City Council Meeting Agenda Page 2 December 18, 2023
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
5. PRESENTATIONS
5.1 Introduction of Education Commissioners Stephanie Canulli and Shahien Shahkar
5.2 Recognition of Carol Wu for Service as City Clerk 2016 - 2021 and City Clerk Recorder from 2021 - 2023
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 San Ramon on December 7, 2023
(B) Other Meetings Attended at City Expense
7.2 Announcements from Councilmembers
City Council Meeting Agenda Page 3 December 18, 2023
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 December 4, 2023
9.2 Approve Checks Dated: December 01, 2023; December 08, 2023
9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC
9.4 Resolution No. ___ - 23 Authorizing the Appropriation of $60,000 from Existing Measure K Funds to Fund a New Building Trades Worker Position
9.5 Adopt Resolution No. ___-23 Approving an Additional Contribution to the Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services (PARS) Section 115 Trust
9.6 Adopt Resolution No. __-23 Authorizing a Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2024/2025 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding for the Pleasant Hill Road/Oak Park Boulevard Crosswalk Enhancement Project
9.7 Adopt Resolutions Authorizing the City Manager to Execute Professional Services Agreements with R.E.Y. Engineers Inc. (Resolution No.___-23) and Towill, Inc. (Resolution No. ___-23) to Provide Acting City Surveyor and Land Surveying Services
9.8 Adopt Resolution No. ___-23 Accepting AB 1600 Report on Development Impact Fees for Fiscal Year Ended June 30, 2023
9.9 Adopt Resolution No.___-23 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the Local 1/AFSCME Bargaining Unit
10. ACTION CALENDAR
10.1 Summary of the City of Pleasant Hill's American Rescue Plan Act (ARPA) Budget and Update on the Business Support Initiative
City Council Meeting Agenda Page 4 December 18, 2023
10.2 Public Hearing and Introduce Ordinance No. ___ Rezoning Housing Opportunity Sites Identified in the 2023-2031 Housing Element and Amending Pleasant Hill Municipal Code Chapter 18.20 (R – Residential Districts), Introducing Chapter 18.22 (Mixed-Use Districts), and Amending Chapter 18.50 (Use Classifications), Chapter 18.55 (Off-Street Parking And Loading) And Chapter 18.140 (Definitions)
Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, no further environmental review is required for the proposed ordinance amendments as the previously certified EIR for the 2040 General Plan adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.
11. ADJOURNMENT
Next City Council Meeting: January 8, 2024
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF DECEMBER 4, 2023
RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.
ATTACHMENT(S):
December 4, 2023 – Tentative Minutes
Prepared by: Carol Wu, City Clerk Recorder
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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
December 4, 2023
City Council Meeting Minutes Page 1 December 4, 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 agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on November 30, 2023, by Acting 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 the City Council held a closed session this evening and there is nothing to report.
5. PRESENTATIONS
5.1 Award of Appreciation to Richard Stanton for Service on the Architectural Review Commission from 1993-2023
Mayor Flaherty presented an award of appreciation to outgoing Architectural Review Commissioner Richard Stanton.
Councilmembers expressed their appreciation to Mr. Stanton for his service.
5.2 Introduction of Architectural Review Commissioners Dipinti Kapoor and Atul Pathare
Mayor Flaherty introduced Dipinti Kapoor and Atul Pathare, the new Architectural Review Commissioners.
5.3 Update on Contra Costa County by Supervisor Ken Carlson, District IV Contra Costa County Supervisor, Ken Carlson, provided an update on the County’s programs, events, and accomplishments during 2023.
6. CITY MANAGER COMMENTS
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Attachment: December 4, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 December 4, 2023
Ethan Bindernagel, City Manager, reported that:
Lyone Conner is the new Pleasant Hill City Clerk;
The City of Pleasant Hill’s Housing Element (2023-2031) was certified by the State of California Department of Housing and Community Development; Community Conversation on Diversity, Equity, and Inclusion was held on November 28, 2023; and
Light Up the Night was held on December 2, 2023 in Downtown Pleasant Hill;
7. COUNCIL ANNOUNCEMENTS AND REPORTS
7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None
7.2 Announcements from Councilmembers
Councilmember Shess reported his attendance at Light Up the Night; the Community Conversation on Diversity, Equity, and Inclusion; and the Pleasant Hill Chamber of Commerce reception.
Councilmember Vinson reported his attendance at Light Up the Night; Rodgers Ranch Holiday Boutique; Martinez Music Mafia Holiday Pageant and Toy Drive; Mt. Diablo Adult Education Boutique; Community Conversation on Diversity, Equity, and Inclusion; and the Chamber of Commerce reception.
Councilmember Noack reported her attendance at Light up the Night; the Pleasant Hill holiday employee appreciation luncheon; Rodgers Ranch Holiday Boutique; Mt. Diablo Adult Education Boutique; and the Chamber of Commerce reception.
Vice Mayor Rinn reported his attendance at the Community Conversation on Diversity, Equity, and Inclusion, and the Chamber of Commerce Reception.
Mayor Flaherty reported his attendance at the Unity Walk; Community Conversation on Diversity, Equity, and Inclusion; Light Up the Night; and the Pleasant Hill holiday employee appreciation luncheon.
8. PUBLIC COMMENT
Mayor Flaherty opened public comment.
The following member of the public appeared in person to provide a comment:
Chris Puglisi
Mayor Flaherty closed public comment.
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Attachment: December 4, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 December 4, 2023
9. CONSENT CALENDAR
Motion (Vinson/Noack) to Approve all consent items, carried as follows:
9.1 Approve Minutes for the Regular City Council Meeting of November 20, 2023
9.2 Approve Checks Dated: November 17, 2023; November 24, 2023
9.3 Adopt Resolution No. 79-23 Authorizing a Request to Bay Area Rapid Transit (BART) for the Allocation of Cycle 3 Safe Routes to BART Grant Program Funds for Construction of the Coggins Drive Active Transportation Improvement Project
9.4 Adopt Resolution No. 80-23 Executing an Amendment to an Affordable Housing Disposition and Development Agreement (DDA) for 85 Woodsworth Lane (APN 150-150-071) and Authorizing the City Manager or Designee to Execute Amendment Documents
10. ACTION CALENDAR
10.1 Election of Mayor
Mayor Flaherty opened public comment for items 10.1 and 10.2.
The following member of the public appeared in person to provide a comment:
Gail Christancho, Chair of the John Muir Community Health Fund Board of Directors.
Mayor Flaherty closed public comment.
Motion (Noack/Flaherty) to Nominate Vice Mayor Rinn as Mayor, carried as follows:
AYES: Noack, Rinn, Shess, Vinson, Flaherty
10.2 Election of Vice Mayor
Motion (Vinson/Flaherty) to Nominate Councilmember Noack as Vice Mayor, carried as follows:
AYES: Flaherty, Noack, Shess, Vinson, Rinn
10.3 Recognition of Outgoing Mayor Tim Flaherty
Councilmembers expressed their appreciation to outgoing Mayor Flaherty for his leadership and service.
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Attachment: December 4, 2023 Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 December 4, 2023
Outgoing Mayor Flaherty expressed his appreciation to Councilmembers, staff, and the community. Outgoing Mayor Flaherty remarked on the City Council’s accomplishments for 2023.
Kevin Kennedy and Supervisor Carlson thanked outgoing Mayor Flaherty.
10.4 Remarks by New Mayor and Vice Mayor
Vice Mayor Noack and Mayor Rinn expressed their appreciation for their leadership roles.
11. ADJOURNMENT
Mayor Flaherty adjourned the meeting at 7:58 p.m. The next Regular City Council meeting will be held on Monday, December 18, 2023, beginning at 7:00 p.m.
CAROL W. WU, CITY CLERK RECORDER
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Attachment: December 4, 2023 Tentative Minutes (Minutes)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: DECEMBER 01, 2023; DECEMBER 08, 2023
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Maria Alfredo, Accounting Technician I
Approved by: Erick Cheung, Finance Manager
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
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Attachment: Check Register (Check Register)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ACCEPT UPDATE ON CONTRA COSTA TRANSPORTATION
AUTHORITY AND TRANSPAC
SYNOPSIS
TRANSPAC meets to provide direction to its staff and make recommendations to the Contra Costa Transportation Authority (CCTA) on significant transportation and land use issues. The attachments to this report include the CCTA Executive summary and Board meeting minutes for October 18, 2023, and the TRANSPAC Committee meeting summary minutes for October 12, 2023.
DISCUSSION
Background
TRANSPAC was formed in 1986 to provide the cities of Central Contra Costa County a forum to discuss mutual planning and transportation issues. When Measure C, a countywide transportation proposition, was adopted in 1988, TRANSPAC became the official regional transportation, land use, and housing forum for Central Contra Costa County. The member agencies include Contra Costa County, Clayton, Concord, Martinez, Walnut Creek, and Pleasant Hill.
TRANSPAC meets to discuss transportation-related issues. A Councilmember and a Planning Commissioner represent each jurisdiction. The Chair to the CCTA then submits the actions.
Analysis
An Executive Summary of the actions taken on October 18, 2023, at the CCTA Board meeting is included along with the meeting minutes. The actions taken at the TRANSPAC Committee meeting on October 12, 2023, are included in the attached minutes.
At the October 12, 2023 TRANSPAC meeting, Transportation Manager Ryan McClain was appointed as an alternate to the TCC for the term ending March 31, 2025, and as a primary representative to the Innovate 680 TAC. City Engineer Ananthan Kanagasundaram was appointed as an alternate representative to the Innovate 680 TAC.
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FISCAL IMPACT
None
PUBLIC CONTACT
Public contact was made through 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
Accept the report.
ALTERNATIVES TO RECOMMENDED ACTION
The City Council may want to discuss one or more of the actions taken during the last meeting.
Should the City Council require detailed information pertaining to any issues, a comprehensive report could be scheduled for a subsequent City Council meeting. Contingent on the amount of information required, staff would need adequate time to prepare a comprehensive report addressing the item or items.
ATTACHMENT(S):
CCTA Executive Summary and Board Meeting Minutes for October 18, 2023 TRANSPAC Committee Meeting Summary Minutes for October 12, 2023 Prepared and Reviewed by: Ananthan Kanagasundaram, City Engineer Approved by: Ethan Bindernagel, City Manager
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COMMISSIONERS
Federal Glover,
Chair
Newell Arnerich,
Vice Chair
Ken Carlson
Paul Fadelli
Loella Haskew
Chris Kelley
Aaron Meadows
Sue Noack
Scott Perkins
Renata Sos
Lamar Thorpe
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/October 18, 2023 RTPC Memo.doc
MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Sai Midididdi, TVTC
John Nemeth, WCCTAC
Sivakumar Natarajan, LPMC
From: Timothy Haile, Executive Director
Date: October 25, 2023
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its October 18, 2023 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:
A. Quarterly Project Status Report for July – September 2023 Recommendation: This was an informational item only; no staff recommendation at this time.
Action: The Authority Board received an informational report on the status of the current Measure projects.
B. Innovate 680 – Interstate 680 Part‐Time Transit Lane/Transit Bus on Shoulder Testing and Training at GoMentum Station (Project 8009.03) (Project) – Authorization to Issue Request for Proposals(RFP) No. 23‐4 for Environmental and Engineering Services
Recommendation: Staff sought authorization to issue RFP No. 23‐4 for environmental and engineering services to implement the Project.
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) RTPC Memorandum
October 25, 2023
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/October 18, 2023 RTPC Memo.doc Action: The Authority Board authorized staff to issue RFP No. 23‐4 for environmental and engineering services to implement the Project.
C. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for November 2023
Recommendation: Staff requested that the Authority Board, having reconsidered the circumstances, continue conducting in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.
Action: The Authority Board authorized staff to continue conducting in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of AB361 and consistent with the Contra Costa Health Services’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.
D. Approval of Fiscal Year (FY) 2023‐24 Transportation Fund for Clean Air (TFCA) Projects that Meet the Bay Area Air Quality Management District’s (BAAQMD) Cost Effectiveness Criteria
Recommendation: Staff sought approval of Resolution 23‐39‐G, which approves the FY 2023‐24 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.
Action: The Authority Board approved Resolution 23‐39‐G approving the FY 2023‐24 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) RTPC Memorandum
October 25, 2023
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/October 18, 2023 RTPC Memo.doc E. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for July – September 2023
Recommendation: This was an informational item only; no staff recommendation at this time.
Action: The Authority Board received an informational report on the status of the current Measure projects.
F. Safe Streets and Roads for All Federal Discretionary Grant Program – Authorization to Execute Agreement No. 664 with the East Bay Regional Park District (EBRPD), Agreement No. 665 with the City of El Cerrito, Agreement No. 666 with the City of Antioch, Agreement No. 667 with the Town of Moraga, Agreement No. 668 with the City of Antioch, Agreement No. 669 with the Federal Highway Administration (FHWA), and Issue Request for Proposals (RFP) No. 23‐3 to Procure Consultant(s) for Environmental and Engineering Services
Recommendation: Staff sought authorization for the Chair to execute Agreement No. 664 with EBRPD for implementation of the Martinez Bay Trail Gap Closure project; Agreement No. 665 with the City of El Cerrito for implementation of the Richmond Street Complete Streets Improvements project; Agreement No. 666 with the City of Antioch for implementation of the L Street Bicycle and Pedestrian Improvements project; Agreement No. 667 with the Town of Moraga for implementation of the Moraga Road and Canyon Road Improvements project; Agreement No. 668 with the City of Antioch for implementation of the Antioch Bike Garden project; issue RFP No. 23‐3 for environmental and engineering services; and to allow the Executive Director or designee to make any non‐substantive changes to the language.
Staff also sought authorization for the Executive Director to execute Agreement No. 669 with the FHWA, for implementation of the “Bicycle and Pedestrian Safety Improvements to Improve Equity Countywide in Contra Costa”, including future amendments.
Action: The Authority Board authorized the Chair to execute Agreement No. 664 with EBRPD for implementation of the Martinez Bay Trail Gap Closure project; Agreement No. 665 with the City of El Cerrito for implementation of
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) RTPC Memorandum
October 25, 2023
https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/October 18, 2023 RTPC Memo.doc the Richmond Street Complete Streets Improvements project; Agreement No. 666 with the City of Antioch for implementation of the L Street Bicycle and Pedestrian Improvements project; Agreement No. 667 with the Town of Moraga for implementation of the Moraga Road and Canyon Road Improvements project; Agreement No. 668 with the City of Antioch for implementation of the Antioch Bike Garden project; issue RFP No. 23‐3 for environmental and engineering services; and allowed the Executive Director or designee to make any non‐substantive changes to the language. Also, the Authority Board authorized the Executive Director to execute Agreement No. 669 with the FHWA, for implementation of the “Bicycle and Pedestrian Safety Improvements to Improve Equity Countywide in Contra Costa”, including future amendments.
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
MEETING DATE:
MINUTES PREPARED BY:
MEMBERS PRESENT:
Federal Glover, Chair/MTC Rep.
Wednesday, October 18, 2023
Tarienne Grover
STAFFPRESENT: MEMBERSABSENT:
Colin Clarke Mark Foley, ExOfficio Rep.
Newell Arnerich, Vice Chair
Ken Carlson, Commissioner
Paul Fadelli, Commissioner
Loella Haskew, Commissioner
Chris Kelley, Commissioner
Aaron Meadows, Commissioner
Sue Noack, Commissioner/MTC Rep.
Scott Perkins, Commissioner
Renata Sos, Commissioner
Lamar Thorpe, Commissioner
H.E. Christian Peeples, ExOfficio Rep.
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Lindy Johnson
Brian Kelleher
Matt Kelly
Daniel Mermelstein
Hisham Noeimi
Ivan Ramirez
Jackie Reyes
Ying Smith
Amara Morrison, Legal Counsel
1. CONVENE MEETING: Federal Glover, Chair
DISCUSSION: Chair Glover convened the meeting at 6:00 PM. Rep. Foley was absent.
Commissioner Meadows arrived at 6:01 PM.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT: Members of the public are invited to addressthe Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.
DISCUSSION: There were no public comments on items not on the agenda.
4. PRESENTATIONS
CONSENT CALENDAR
ACTION: Commissioner Haskew moved to approve the consent calendar, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
5. APPROVAL OF MINUTES
A. Authority Board Minutes of September 13, 2023 (special) B. Authority Board Minutes of October 4, 2023 (special)
6. Administration & Projects Committee ‐ Consent:
A. Accept Monthly Accounts Payable Invoice Report for August2023 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for August 2023.
B. Quarterly Project Status Report for July – September 2023 Recommendation: This is an informational item only; no staff recommendation at this time.
C. Innovate 680 – Interstate 680 Part‐Time Transit Lane/Transit Bus on Shoulder Testing and Training at GoMentum Station (Project 8009.03) (Project) – Authorization to Issue Request for Proposals(RFP) No. 23‐4 for Environmental and Engineering Services
Recommendation: Staff seeks authorization to issue RFP No. 23‐4 for environmental and engineering services to implement the Project.
D. Interstate 80/San Pablo Dam Road Interchange Improvements, Phase 2 (Project 7002) – Authorization to Execute Cooperative Agreement No. 90.70.03 with the California Department of Transportation (Caltrans) for Development of Plans, Specifications, and Estimates (PS&E) and Right‐of‐Way (ROW) Clearance Activities Recommendation: Staff seeks authorization for the Chair to execute Cooperative Agreement No. 90.70.03 with Caltrans for the development of PS&E and ROW clearance services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
E. Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001) – Authorization to Execute Agreement No. 670 with the Contra Costa County Flood Control & Water Conservation District (District) for Fee‐for‐Services Related to Processing and Approval of the Project
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 670 with the District in an amount not‐to‐exceed $136,308.48, to provide: Task 1, which will allow the District to perform plan review and permit preparation; Task 2, which will provide coordination and United States Army Corps of Engineers’ approval; and Task 3, which will allow for review of California Environmental Quality Act of 1970 documentation for flood control permits services, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
F. Legislative Update
Recommendation: Staff will provide an update on legislation, along with addressing any questions that may arise. The Authority may take action on any item presented in the attachment or any State or Federal legislation pertaining to the Authority’s legislative program.
G. NEW ITEM: Innovate 680 – Bay Area Mobility‐on‐Demand (Project 8009.05) – Authorization to Execute Amendment No. 5 to Cooperative Agreement No. 100.01 with the Federal Highway Administration and United States Department of Transportation (FHWA/USDOT)to Extend the Performance Period ofthe Advanced Transportation and Congestion Management Technologies Deployment Grant Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Cooperative Agreement No. 100.01 with the FHWA/USDOT to extend the performance period to September 30, 2025, and to allow the Executive Director or designee to make any non‐substantive changes to the language. Staff also seeks authorization forthe Executive Director or designee to execute future amendments.
H. NEW ITEMS: Innovate 680 – Automated Driving System (ADS) (Project 8009.07):
1. Authorization to Execute Amendment No. 2 to Agreement No. 560 with Advanced Mobility Group (AMG) to Provide Systems Integration and Additional Project and Systems Management Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 560 with AMG in the amount of $529,000, for a new total agreement value not‐to‐exceed $4,844,536, to provide additional project and systems management services for the ADS project, and to allow the Executive Director or designee to make any non‐ substantive changes to the language.
2. Authorization to Execute Amendment No. 1 to Agreement No. 654 with May Mobility, Inc. (May Mobility) to Provide a Storage Facility for Autonomous Vehicles (AVs)
Recommendation: Staff seeks authorization for the Chair to execute
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
Amendment No. 1 to Agreement No. 654 with May Mobility in the amount of $172,317, for a new total agreement value not‐to‐exceed $1,231,466, to provide a storage facility for the AVs, and to allow the Executive Director or designee to make any non‐substantive changes to the language.
I. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for November 2023
Recommendation: Staff requests that the Authority Board, having reconsidered the circumstances, continue conducting in‐person meetings with a hybrid component for public participation for the regular Authority Board meetings and remote meetings for all other legislative bodies of the Authority and special meetings of the Authority Board pursuant to the Brown Act provision exemptions of Assembly Bill 361 (AB361) and consistent with the Contra Costa Health Services’ recommendationsfor social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.
7. Planning Committee ‐ Consent:
A. Approval of Fiscal Year (FY) 2023‐24 Transportation Fund for Clean Air (TFCA) Projects that Meet the Bay Area Air Quality Management District’s (BAAQMD) Cost Effectiveness Criteria
Recommendation: Staff seeks approval of Resolution 23‐39‐G, which approves the FY 2023‐24 Contra Costa TFCA County Program Manager projects that meet the BAAQMD’s cost effectiveness criteria.
B. Approval of the City of Clayton Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the City of Clayton GMP Compliance Checklist and payment of $317,233 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Clayton, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.
C. Quarterly Project Status Reportfor Transportation for Livable Communities and Pedestrian, Bicycle, and Trail Facilities Projects for July – September 2023 Recommendation: This is an informational item only; no staff recommendation at this time.
D. Approval of the City of Lafayette Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
Recommendation: Staff seeks approval of the City of Lafayette GMP Compliance Checklist and payment of $591,513 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Lafayette, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.
E. City of Pittsburg (City) – Bay Area Rapid Transit (BART) Pedestrian Bicycle Connectivity (Project 130021) – Approvalto Appropriate Measure J Fundsfor Construction Phase
Recommendation: Staff seeks approval of Resolution 23‐41‐G, which will serve as the reprogramming action and appropriate Measure J Pedestrian, Bicycle, and Trail Facilities (Program 13) funds in the amount of $600,000, for a total of $600,000 (all project phases) in Measure J funds to the City, for the construction phase of the BART Pedestrian Bicycle Connectivity (Project 130021).
F. Authorization to Execute Amendment No. 4 to Agreement No. 465 with Placeworks, Inc. (Placeworks) for On‐Call Planning Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 4 to Agreement No. 465 with Placeworks, and to allow the Executive Director or designee to make any non‐substantive changes to the language. This amendment will extend the agreement termination date to June 30, 2024, with no increase in budget.
REGULAR AGENDA ITEMS
8. Administration & Projects Committee ‐ Regular:
A. Safe Streets and Roads for All Federal Discretionary Grant Program – Authorization to Execute Agreement No. 664 with the East Bay Regional Park District (EBRPD), Agreement No. 665 with the City of El Cerrito, Agreement No. 666 with the City of Antioch, Agreement No. 667 with the Town of Moraga, Agreement No. 668 with the City of Antioch, Agreement No. 669 with the Federal Highway Administration (FHWA), and Issue Request for Proposals (RFP) No. 23‐3 to Procure Consultant(s) for Environmental and Engineering Services
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 664 with EBRPD for implementation of the Martinez Bay Trail Gap Closure project; Agreement No. 665 with the City of El Cerrito for implementation of the Richmond Street Complete Streets Improvements project; Agreement No. 666 with the City of Antioch for implementation of the L Street Bicycle and Pedestrian Improvements project; Agreement No. 667 with the Town of Moraga for implementation of the Moraga Road and Canyon Road Improvements project; Agreement No. 668 with the City of Antioch for implementation of the Antioch Bike Garden project; issue RFP No. 23‐3 for environmental and engineering services;
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
and to allow the Executive Director or designee to make any non‐substantive changes to the language. Staff also seeks authorization for the Executive Director to execute Agreement No. 669 with the FHWA, for implementation of the “Bicycle and Pedestrian Safety Improvements to Improve Equity Countywide in Contra Costa”, including future amendments.
ACTION: Commissioner Carlson moved to authorize the Chairto execute Agreement No. 664 with East Bay Regional Park District for implementation of the Martinez Bay Trail Gap Closure project; Agreement No. 665 with the City of El Cerrito for implementation of the Richmond Street Complete Streets Improvements project; Agreement No. 666 with the City of Antioch for implementation of the L Street Bicycle and Pedestrian Improvements project; Agreement No. 667 with the Town of Moraga for implementation of the Moraga Road and Canyon Road Improvements project; Agreement No. 668 with the City of Antioch for implementation of the Antioch Bike Garden project; issue Request for Proposals No. 23‐3 for environmental and engineering services; allow the Executive Director or designee to make any non‐substantive changes to the language; and authorize the Executive Director to execute Agreement No. 669 with the Federal Highway Administration, for implementation of the “Bicycle and Pedestrian Safety Improvements to Improve Equity Countywide in Contra Costa”, including future amendments, seconded by Commissioner Fadelli. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes‐None
Absent‐None
Abstain‐None
DISCUSSION: Hisham Noeimi, Director, Programming, provided a background and overview of the projects to be funded under the Safe Streets and Roads for All federal discretionary grant program. He stated the objectives of the agreements were to successfully deliver the projects, reduce financial risk to the Authority, allow for individual projects to proceed independently, and reduce cashflow impacts on the Authority. He thanked the project proponents for working closely with the Authority on the agreements.
Commissioners provided comments. Staff responded to comments from commissioners.
B. GoMentumStation Expansion, Economic Analysis and WorkforceDevelopment – Status Update
Recommendation: This is an informational item only; no staff recommendation at this time.
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
DISCUSSION: Timothy Haile, Executive Director, discussed workforce development, goals and objectives, public‐private partnerships, global test centers, national programs, the connected and automated vehicle proving ground map at GoMentum Station (GMS), improvements and offerings at GMS, V2X Signal Lab, fire house improvements, technologies being tested at GMS, utilization of GMS by partners, and the ongoing partner needs.
Mr. Haile further discussed the vision, goals, and objectives of GoMentum 2.0, provided an overview of a proving ground and its use to test vehicle functionality.
He further discussed the development of the GMS expansion pre‐feasibility study, economic impact analysis, annual economic benefit after 15 years of operations at GMS, workforce development strategy, creation of a workforce development program and career pathway and program, the success of GMS, preservation of remaining an innovation leader, safety goals, and the next steps.
Mr. Haile announced that AAA Northern California, Nevada, and Utah will be exiting the GMS partnership and that a strategic plan has been developed.
Commissioners provided comments. Staff responded to comments from commissioners.
C. NEW ITEM: Innovate 680 – Automated Driving System (Project 8009.07) – Project Status Update
Recommendation: Staff will provide an update on the status of this project, along with addressing any questions that may arise. This is an informational item only, no staff recommendation at this time.
DISCUSSION: Jack Hall, Engineering Manager, provided a background and overview of the Automated Driving System demonstration program including the goals, overview of the three projects including the Rossmoor Senior Community First‐Mile/Last‐Mile Shuttles, County Hospital Accessible Transportation Shuttles, and Personal Mobility on Interstate 680. Mr. Hall discussed data collection, project challenges, project deliverables, budget, and schedule.
Timothy Haile, Executive Director, further discussed the project challenges with partners, equipment, technology, and scope changes to launch the Mobility‐as‐a‐ Service platform.
Commissioners provided comments. Staff responded to comments from commissioners.
Public Comment:
Bruce Ohlson
9. Planning Committee ‐ Regular: None
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
10. CORRESPONDENCE AND COMMUNICATIONS
11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on October 12, 2023 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on October 12, 2023 (Meeting handout if available)
C. Southwest County (SWAT): Notice of Cancellation for the regular meeting on October 2, 2023
D. West County (WCCTAC): Meeting Report for the regular meeting on September 29, 2023 (Meeting handout if available)
12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Haskew announced that the City of Walnut Creek’s Safe Sightings of Signs and Signals Software won the Pioneer Award for the 2023 Build A Better Mousetrap competition hosted by the Center for LocalAid Support, Federal Highway Administration.
Commissioner Kelley discussed the Summer Community Event Series that she attended and thanked staff for their participation and efforts to make this successful.
Rep. Peeples attended the Zero Emissions Bus Conference in San Diego from September 26‐28, 2023.
C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, introduced Lindy Johnson, the new Director, External Affairs.
Ms. Johnson provided an introduction.
Mr. Haile announced that he and Chair Glover attended the American Public Transportation Association Expo and visited Suntrack. He provided an update on the formation of the Automated.Connected.Electric.Shared Coalition, media interviews with the National Broadcasting Company, San Francisco Business Times,
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
October 18, 2023
and Cities Today, discussed the success of the Summer Community Event Series, and provided a brief overview of the Authority Board Workshop on October 19‐20, 2023.
13. CALENDAR
A. October, November, and December 2023, and January2024 B. Calendar of Upcoming Events
14. ADJOURNMENT to the Authority Board Workshop on October 19, 2023 at 8:30 AM.
DISCUSSION: The meeting was adjourned at 7:36 PM.
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Attachment: CCTA Executive Board Summary and Meeting Minutes October 18, 2023 (Accept update on CCTA and TRANSPAC) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: October 12, 2023
MEMBERS PRESENT: Peter Cloven (Chair), Clayton; Sue Noack (Vice Chair), Pleasant Hill; Loella Haskew, Walnut Creek;
Mark Ross, Martinez; Carlyn Obringer, Concord;
Ken Carlson, Contra Costa County
PLANNING COMMISSIONERS PRESENT: Bob Pickett, Walnut Creek STAFF PRESENT: Smadar Boardman, Walnut Creek; John
Cunningham, Contra Costa County, Pranjal Dixit,
County Connection; Abhishek Parikh, Concord;
Ryan McClain, Pleasant Hill; Matt Todd, TRANSPAC;
Tiffany Gephart, TRANSPAC; Debi Lawrence,
TRANSPAC
GUESTS/PRESENTERS: Scott Simmons
MINUTES PREPARED BY: Tiffany Gephart
1. Convene Regular Meeting / Pledge of Allegiance / Self-Introductions Chair Cloven called the meeting to order at 9:00 A.M.
2. Public Comment
There were no comments from the public.
3. Consent Agenda
a. Approval of Minutes:
• Minutes of the September 14, 2023 TRANSPAC Board Meeting. b. CCTA Executive Director’s Report Regarding CCTA Actions/Discussion Items c. Items Approved by the CCTA for Circulation to the Regional Transportation Planning Committees and Related Items of Interest
d. RTPC Meeting Summary Letters
e. CCTA Meeting Updates and Countywide Information Links f. Consider Meetings of the TRANSPAC Board and Subcommittees. Action:
Reauthorize the continuation of remote meetings of the legislative bodies of TRANSPAC pursuant to the Brown Act Provisions under AB361 through
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Attachment: TRANSPAC Committee Meeting Summary Minutes October 12, 2023 (Accept update on CCTA and TRANSPAC) November 13, 2023. By way of this action, TRANSPAC will conduct in-person meetings with a hybrid component for public participation for regular TRANSPAC Board meetings. Other TRANSPAC bodies including the TRANSPAC TAC, special and/or ad-hoc committees will continue meeting virtually.
g. Interstate 680 Southbound Closure
On motion by Commissioner Noack seconded by Commissioner Haskew to reauthorize the continuation of remote meetings of the legislative bodies of TRANSPAC pursuant to the Brown Act Provisions under AB361 through November 13, 2023 by unanimous vote of the members present (Carlson, Cloven, Noack, Obringer, Haskew, Ross).
End Consent Agenda
4. TRANSPAC APPOINTMENTS TO CCTA COMMITTEES.
There was a correction to the appointment item. The vacancy on the TCC is for the alternate position and not a primary position as stated in the agenda and staff report. Staff informed the Board of the desired correction and the TRANSPAC Board agreed to amend the action accordingly.
On a motion by Commissioner Noack seconded by Commissioner Haskew to Appoint Ryan McClain (Pleasant Hill) as the alternate representative to the TCC for the term ending March 31, 2025, and as a primary representative to the Innovate 680 TAC. Appoint Ananthan Kanagasundaram (Pleasant Hill) as an alternate representative to the Innovate 680 TAC by unanimous vote of the members present (Carlson, Cloven, Noack, Obringer, Haskew, Ross).
5. MEASURE J LINE 20A FUNDS PROGRAM – FY 2022-2023 PROGRESS REPORT.
Tiffany Gephart presented the FY 2022-2023 progress report. The details of the report are included in the corresponding staff report.
Commissioner Obringer asked about the call for projects timeline and if there are considerations on how to fund new programs given that there have been funding constraints in the past. Mr. Todd commented that the call for projects is scheduled to be released in December and noted that in the past existing applicants did receive more funding than newer programs and noted that there is discussion on how to best to prioritize programs going forward. Mr. Todd also mentioned that ADA data is also being evaluated as an additional measurement of program priority.
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Attachment: TRANSPAC Committee Meeting Summary Minutes October 12, 2023 (Accept update on CCTA and TRANSPAC) Commissioner Carlson commented that he is very interested in the ridership numbers and recommended finding opportunities to work with our transportation partners and look for opportunities to improve the collection of ridership data including exploring if there are technology needs that if met would assist to this end.
Commissioner Obringer asked if the high number of trips reported by the George Miller Center were from within the TRANSPAC area or throughout the County and requested more information about the program. Mr. Todd commented that the George Miller Center is a unique program that offers a high number of trips to a small population. Ms. Gephart commented that the program serves 6 individuals in the TRANSPAC area, but they are daily roundtrips. Ms. Gephart commented that it is a high-need population that utilizes the trips.
Commissioner Obringer commented that there may be an opportunity for participants in the George Miller program to receive travel training assistance from County Connection. Ms.
Gephart commented that the George Miller Center participants may not be ideal candidates for fixed-route service due to health and safety reasons.
Mr. Todd highlighted the nearly 65,000 trips that the funded programs provide.
Commissioner Noack commented that as CCTA establishes the accessibility program it may provide an opportunity to refer more people to these programs and increase the trip numbers further. Commissioner Haskew commented that there are a number of things in the works including the One-Seat Regional Ride Pilot program. In time it will be clearer how these programs will impact the 20a Programs.
Commissioner Noack noted autonomous vehicle programs in Rossmoor and Martinez. Mr. Todd commented that he would like to request a presentation on these programs.
Commissioner Carlson asked if caregivers ride along with passengers on the trips. Mr. Todd commented that caregivers are included, and it is considered as one trip (the passenger and the caregiver together).
6. TRANSPAC CCTA REPRESENTATIVE REPORTS.
Planning Committee Meeting - Commissioner Haskew noted that the Planning Committee Meeting was canceled.
Administration and Projects Committee Meeting - Commissioner Noack commented that there was a presentation on GoMentum 2.0 and how there can be collaboration with Concord and the future selected developers to enhance the GoMentum station and bring in businesses workforce development as well as the campus piece.
Innovate 680 Policy Advisory Committee - there was a presentation on the 6 facets of Innovate 680. A focus was signal systems, coordination, and Coordinated Adaptive Ramp Metering (CARM). There was also discussion on the potential extension of 680 Northbound Express Lanes.
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Attachment: TRANSPAC Committee Meeting Summary Minutes October 12, 2023 (Accept update on CCTA and TRANSPAC) MTC - Commissioner Noack commented that there was discussion on the Transit Oriented Development (TOD) Policy. A portion of the OBAG funding will be tied to the TOD policy. The regional housing measure was another topic that is slated to be on the ballot next year.
Commissioner Noack further noted that the funding will allocate 20% to MTC over 50% for the production of housing and a portion for preservation and a portion that is flexible. The goal is to put out a Transportation Measure in 2026.
7. TAC ORAL REPORTS BY JURISDICTION
No comments from the TAC.
8. BOARDMEMBER COMMENTS
Commissioner Carlson noted that his offices moved and there will be an open house 10/12 at 2255 Contra Costa Blvd Suite 202 and welcomed anyone that would like to attend.
Commissioner Obringer commented that progress is continuing on the Naval Weapons Station and there will be a study session on the term sheet in November 14th. The goal will be to approve the term sheet on January 16, 2024.
9. MANAGING DIRECTOR’S REPORT
Mr. Todd commented that there is information in the consent calendar on a 680 Southbound closure. Mr. Todd further commented that there is new legislation that will replace AB361 and staff will research the legislation and provide information to the Board at a future meeting.
10. ADJOURN / NEXT MEETING The meeting adjourned at 9:46 a.m. The next regular meeting will be held on November 9, 2023 at the City of Pleasant Hill Large Community Room – 100 Gregory Lane, Pleasant Hill. Remote teleconferencing information for members of the public will be included in the posted meeting materials.
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Attachment: TRANSPAC Committee Meeting Summary Minutes October 12, 2023 (Accept update on CCTA and TRANSPAC)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: RESOLUTION NO. ___ - 23 AUTHORIZING THE APPROPRIATION OF $60,000 FROM EXISTING MEASURE K FUNDS TO FUND A NEW
BUILDING TRADES WORKER POSITION
SYNOPSIS
The purpose of this item is for the City Council to authorize the appropriation of existing Measure K funds to fund a new Building Trades Worker (BTW) position. The Budget Committee, on November 29, 2023, reviewed staff’s request for an appropriation of $60,000 from existing Measure K funds to fund a new BTW position and recommends the City Council adopt the proposed resolution.
DISCUSSION
Background
The City Council approved the biennial budget in June 2022, which included staff positions for Fiscal Year 2022/2023 (FY22/23) and Fiscal Year 2023/2024 (FY23/24). The Maintenance Division was approved for two full time BTW’s to perform a variety of skilled tasks for the maintenance, renovation and repairs at City Hall, the Police Department and the Public Services Center. The primary task emphasis is on preventative maintenance and includes painting, electrical, carpentry, plumbing, and HVAC systems maintenance. The new Library facility opened in July 2022, and the building, mechanical, electrical and HVAC systems are currently covered under warranty. This warranty will expire in March 2024, at which time City staff will assume maintenance responsibility for the building. The additional work load will require another full time BTW to ensure cost-effective and timely maintenance at the Library. This would increase the BTW positions by one full time employee, from two to three employees.
Analysis
In July 2022, the City Council approved the Fiscal Year 2022-2027 (FY 22/27) Capital Improvement Plan, which included a project budget for Library Maintenance Needs, (Project sheet MK-5 attached). This budget, funded by Measure K, includes monies for landscaping, utilities, and building maintenance. Staff anticipates the funding for the new BTW position
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would come from Measure K, as this position is needed to address ongoing facility needs of the library and would cost approximately $120,000 for a full year. Staff is only seeking approval for half of that amount ($60,000), since the earliest this position could be filled would be February 2024, at which point less than half of the fiscal year would remain.
Staff has confirmed with the Finance Division that there are sufficient remaining funds in the approved FY22/23 MK-5 budget to fund this position from January 2024 to June 2024.
Assuming City Council approval, staff would then incorporate this change into the next biennial budget.
Acceptance of this proposal by the City Council will authorize increasing full time BTW positions from two to three and allocating the use of approximately $60,000 of FY22/23 MK-5 funds from January 2024 to June 2024. If approved, staff anticipates the recruitment process beginning in January 2024 to ensure the BTW will be on staff prior to the warranty expiring.
On November 29, 2023, the Budget Committee reviewed staff’s request for an appropriation of $60,000 from existing MK-5 Measure K funds to pay for a new BTW position and recommended that the City Council adopt the proposed resolution.
FISCAL IMPACT
The proposed BTW position will be funded from existing FY22/23 MK-5 Measure K Funds for approximately $60,000.
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 as recommended by the Budget Committee.
ALTERNATIVES TO RECOMMENDED ACTION
None Recommended.
ATTACHMENT(S):
Proposed Resolution
CIP MK-5
Prepared by: Ann James, Public Works Manager
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 APPROPRIATION OF $60,000 FROM EXISTING MEASURE K
FUNDS TO FUND A NEW BUILDING TRADES WORKER POSITION
WHEREAS, the City Council approved the biennial budget in June 2022, which included two full time Building Trades Worker staff positions for Fiscal Year 2022/2023 (FY 22/23) and Fiscal Year 2023/2024 (FY23/24); and
WHEREAS, the new Library facility opened in July 2022, and the building, mechanical, electrical and HVAC systems are currently covered under a warranty; and WHEREAS, the warranty will expire in March 2024, at which time City staff will assume maintenance responsibility for the building; and
WHEREAS, the City will benefit from an additional full time Building Trades Worker to ensure cost effective and timely maintenance at the Library; and WHEREAS, there are sufficient remaining Measure K funds in the approved FY22/23 MK5 budget to fund this position.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that an appropriation of $60,000 from existing FY22/23 MK-5 Measure K Fundsis authorized to fund and hire a new Building Trades Worker.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
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Attachment: Proposed Resolution (Authorize Building Trade Worker) CITY OF PLEASANT HILL CAPITAL IMPROVEMENT PLAN FY 2022/2027 PROJECT: LIBRARY MAINTENANCE NEEDS
PROJECT PROPOSED BY: Maintenance Division
PROJECT MANAGER: Maintenance Division
PROJECT CLASSIFICATION: City Projects
PROJECT LOCATION: Library
PROJECT BEGIN: Jul-22 PROJECT COMPLETE: Jun-27
Account 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 Landscape Sce $90,000 $90,000 $90,000 $90,000 $90,000 $450,000 IS A CONCEPTUAL Utilities $30,000 $30,000 $30,000 $30,000 $30,000 $150,000 Services $125,000 $125,000 $125,000 $125,000 $125,000 $625,000 PLAN AVAILABLE YES X NO Equipment $55,000 $55,000
Reserves $75,000 $75,000 $75,000 $75,000 $75,000 $375,000 LEAD AGENCY X CITY OTHER TOTAL $375,000 $320,000 $320,000 $320,000 $320,000 $1,655,000 PROJECT TRAFFIC FUNDING SOURCE FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS SAFETY PRIORITY CRITICAL X N/A CASE BY Measure K $375,000 $320,000 $320,000 $320,000 $320,000 $1,655,000 CASE BASIS
IS RIGHT OF WAY
REQUIRED YES X NO NOT
EXPECTED
TOTAL $375,000 $320,000 $320,000 $320,000 $320,000 $1,655,000 MAINTENANCE MAINTENANCE IMPACT FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 TOTALS COST IMPACT x INCREASE N/A DECREASE PROJECT BENEFIT: The project will provide for ongoing maintenance at the new Library.
PROJECT
PROJECT DESCRIPTION:
In 2016, Pleasant Hill residents approved a half-cent sales tax measure (Measure K) that funded the construction and ongoing maintenance of a new City library facility located at 1700 Oak Park Boulevard in Pleasant Hill. This facility replaced the existing Pleasant Hill library that was located at 1750 Oak Park Boulevard The library construction is now complete, and is scheduled to open in Summer 2022. The annual average maintenance cost of the new facility, forthe next five years, including landscaping, utilities, and building support is estimated to be $331,000
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Attachment: CIP MK-5 (Authorize Building Trade Worker)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 APPROVING AN ADDITIONAL
CONTRIBUTION TO THE PUBLIC AGENCIES POST-EMPLOYMENT
BENEFITS TRUST PROGRAM WITH PUBLIC AGENCY RETIREMENT
SERVICES (PARS) SECTION 115 TRUST
SYNOPSIS
The proposed resolution approves an additional contribution into the City’s Public Agencies PostEmployment Benefits Trust Program with Public Agency Retirement Services (PARS), a Section 115 Trust.
DISCUSSION
Background
On May 2, 2022, the City Council approved a Section 115 Trust with PARS with an initial contribution of $1.0 million. The City Council also approved the Pension Rate Stabilization (PRSP) Funding Policy, which includes potential contributions based on excess audited unassigned General Fund Balance.
“The City will consider making additional contributions to the Trust based on the net position of the General Fund recommended by the City Manager and Finance Manager. The amount will be based on unassigned General Fund Balance when revenues exceed costs (not including Measure K funds) in the audited financial statements. The contribution amount will be based on the annual excess audited unassigned General Fund Balance (not including Measure K). The recommended contribution amount will be based on the higher of 10% or $50,000 of the excess unassigned General Fund Balance.”
General Fund Balance
At its November 29, 2023 meeting, the Budget Committee received the Fiscal Year 2022/20232 (FY 22/23) unaudited General Fund financial summary. Based on the unaudited information, the General Fund balance will increase approximately $1.7 million to $13.6 million for FY 22/23. The increase is due to improved clean up property tax revenue, large one-time permitting revenue (i.e., 85 Cleaveland Apartments), and salary savings from vacant positons during the year.
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Unaudited Results
FY 22/23 (in thousands)
Beginning Fund Balance $11,908
Revenue (1) $31,019
Expenditures (2) $29,329
Surplus/Deficit (1)-(2) $1,690
Ending Fund Balance $13,598
As previously noted, the PRSP policy relies upon the audited financial position of the General Fund to determine the final Section 115 Trust contribution according to the approved formula.
Based on the current, unaudited financial position, the City would transfer a minimum of $169 thousand (10% of $1.69 million) into the PARS Section 115 Trust. The City’s auditors are currently reviewing the financial information, and staff has historically presented the audited financial statements to the City Council in February. In an effort to take advantage of potential interest earnings, however, the Budget Committee is recommending that the City Council approve the transfer of $100,000 to the PARS Section 115 Trust prior to completion of the audit.
FISCAL IMPACT
Adoption of the proposed resolution will result in a transfer of $100,000 into the PARS Section 115 Trust using the unaudited information; this differs from the approved PRSP Funding Policy, which relies upon audited information to determine the final contribution amount.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution approving an additional contribution into the City’s Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services (PARS) a Section 115 Trust.
ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed resolution and provide direction to staff.
ATTACHMENT(S):
a. Proposed Resolution – approving additional contribution into the City’s Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services a Section 115 Trust
b. Resolution 30-22 - includes the City of Pleasant Hill Pension Rate Stabilization Program Funding Policy Proposed Resolution
9.5 Packet Pg. 53
Prepared by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, City Manager
9.5 Packet Pg. 54
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL APPROVING AN ADDITIONAL CONTRIBUTION TO THE PUBLIC AGENCIES POSTEMPLOYMENT BENEFITS TRUST PROGRAM WITH PUBLIC AGENCY RETIREMENT SERVICES (PARS) SECTION 115 TRUST
WHEREAS, the City provides its permanent employees with a defined benefit pension through the California Public Employees’ Retirement System (CalPERS); and WHEREAS, Public Agency Retirement Services (PARS) has developed Public Agencies Post-Employment Benefits Trust (the “Program”) as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs; and WHEREAS, PARS has partnered with U.S. Bank and its sub-adviser HighMark Capital Management Inc., as trustee to provide investment services for the Program. To date, 259 California public agencies have adopted the Program for the establishment of a Pension Rate Stabilization program through PARS, including 125 cities and towns; and WHEREAS, the City Council, at its meeting of May 2, 2022, approved a Section 115 Trust with PARS with an initial contribution of $1 million, and adopted the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy.
WHEREAS, the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy states the City will make additional contributions based on audited financial statements. The amount will be the higher of 10% or $50,000 of the excess unassigned General Fund Balance.
WHEREAS, the Budget Committee received the unaudited financial information for the City on November 29, 2023, which showed the General Fund balance increasing $1.69 million for Fiscal Year 2022/2023.
WHERAS, the Budget Committee recommended the City Council approve a transfer of $100,000 based on the unaudited information to take advantage of potential interest earnings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill approves an additional contribution to the Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services Section 115 Trust for $100,000. [Signatures on Following Page]
9.5.a
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Attachment: Proposed Resolution (PARS Additional Contribution) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 18th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
9.5.a
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Attachment: Proposed Resolution (PARS Additional Contribution) RESOLUTION NO. 30-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL RESCINDING AND REPLACING RESOLUTION NO. 26-22, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH PUBLIC AGENCY RETIREMENT SERVICES TO ESTABLISH AND ADMINISTER A SECTION 115 TRUST WITH AN INTIAL CONTRIBUTION OF $1 MILLION AND ADOPT THE PUBLIC AGENCIES POSTEMPLOYMENT BENEFITS TRUST FOR THE CITY OF PLEASANT HILL PENSION
RATE STABILIZATION PROGRAM FUNDING AND WITHDRAWAL POLICY WHEREAS, the City provides its permanent employees with a defined benefit pension through the California Public Employees' Retirement System (CalPERS); and WHEREAS, CalPERS has made a number of changes in recent years which have increased the City's required payments to the pension plan and decreased the plan's funded status. Those changes that CalPERS has enacted are designed to increase the financial stability of its pension program, but result in higher City contributions; and
WHEREAS, City had an actuarial firm, Bartel Associates, review the City's funding options to manage the pension liability and recommended establishing a Section 115 Trust; and WHEREAS, a Section 115 Trust is a tool to pre-fund pension liabilities through an IRS reviewed program; and
WHEREAS, Public Agency Retirement Services (PARS) has developed Public Agencies Post-Employment Benefits Trust (the "Program") as a multiple employer trust so that public agencies regardless of size can join the program to receive the necessary economies of scale to keep administrative fees low and avoid any setup costs; and WHEREAS, PARS has partnered with U.S. Bank and its sub-adviser HighMark Capital Management Inc., as trustee to provide investment services for the Program. To date, 259 California public agencies have adopted the Program for the establishment of a Pension Rate Stabilization program through PARS, including 125 cities and towns; and WHEREAS, the Budget Committee, at its meeting of April 6, 2022, approved the recommendation to proceed with the Section 115 Trust with PARS, an initial contribution of $1 million and adopt the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill that:
1. The resolution rescinds and replaces Resolution No. 26-22;
2. Adopts the PARS Public Agencies Post-Employment Benefits Trust, effective May 2, 2022;
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
3. Approves the PARS Services and Trust Agreement attached as Exhibit 1;
4. Approves an initial contribution of $1.0 million to be deposited into the Section 115 Trust;
5. Adopts the City of Pleasant Hill Pension Rate Stabilization Program Funding and Withdrawal Policy attached as Exhibit 2;
6. Appoints the City Treasurer, and/or the Finance Manager, or their successors/designees as the City's Plan Administrators for the Program; and
7. The City's Plan Administrators are hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's Program.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 2nd day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
RECUSED:
ATTEST:
Carlson, Flaherty, Noack, Harris
None
None
Rinn
MICHAEL G. HARRIS, OD, Mayor
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) Exhibit 1
AGREEMENT FOR ADMINISTRATIVE SERVICES
This agreement ("Agreement") is made this __ day of ______ , 2022, between Phase II Systems, a corporation organized and existing under the laws of the State of California, doing business as Public Agency Retirement Services and PARS (hereinafter "PARS") and the City of Pleasant Hill ("Agency").
WHEREAS, the Agency has adopted the PARS Public Agencies Post-Employment Benefits Trust for the purpose of pre-funding pension obligations and/or Other Post-Employment Benefits ("OPEB") obligations ("Plan") and is desirous of retaining PARS as Trust Administrator to the Trust, to provide administrative services.
NOW THEREFORE, the parties agree:
1. Services. PARS will provide the services pertaining to the Plan as described in the exhibit attached hereto as "Exhibit IA" ("Services") in a timely manner, subject to the further provisions of this Agreement.
2. Fees for Services. PARS will be compensated for performance of the Services as described in the exhibit attached hereto as "Exhibit lB".
3. Payment Terms. Payment for the Services will be remitted directly from Plan assets unless the Agency chooses to make payment directly to PARS. In the event that the Agency chooses to make payment directly to PARS, it shall be the responsibility of the Agency to remit payment directly to PARS based upon an invoice prepared by PARS and delivered to the Agency. If payment is not received by PARS within thirty (30) days of the invoice delivery date, the balance due shall bear interest at the rate of 1.5% per month. If payment is not received from the Agency within sixty ( 60) days of the invoice delivery date, payment plus accrued interest will be remitted directly from Plan assets, unless PARS has previously received written communication disputing the subject invoice that is signed by a duly authorized representative of the Agency.
4. Fees for Services Beyond Scope. Fees for services beyond those specified in this Agreement will be billed to the Agency at the rates indicated in the PARS' standard fee schedule in effect at the time the services are provided and shall be payable as described in Section 3 of this Agreement. Before any such services are performed, PARS will provide the Agency with a detailed description of the services, terms, and applicable rates for such services. Such services, terms, and applicable rates shall be agreed upon in writing and executed by both parties.
5. Information Furnished to PARS. PARS will provide the Services contingent upon the Agency providing PARS the information specified in the exhibit attached hereto as "Exhibit 1 C" ("Data"). It shall be the responsibility of the Agency to certify the accuracy, content, and completeness of the Data so that PARS may rely on such information without further audit. It shall further be the responsibility of the Agency to deliver the Data to PARS in such a manner that allows for a reasonable amount of time for the Services to be performed. PARS shall indicate to Agency the time in which to deliver the Data so it can perform the Services. Unless specified in Exhibit IA, PARS
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) shall be under no duty to question Data received from the Agency, to compute contributions made to the Plan, to determine or inquire whether contributions are adequate to meet and discharge liabilities under the Plan, or to determine or inquire whether contributions made to the Plan are in compliance with the Plan or applicable law.
In addition, PARS shall not be liable for nonperformance of Services to the extent such nonperformance is caused by or results from erroneous and/or late delivery of Data from the Agency. In the event that the Agency fails to provide Data in a complete, accurate and timely manner and pursuant to the specifications in Exhibit 1 C, PARS reserves the right, notwithstanding the further provisions of this Agreement, to terminate this Agreement upon no less than ninety (90) days written notice to the Agency.
6. Records. Throughout the duration of this Agreement, and for a period of five (5) years after termination of this Agreement, PARS shall provide duly authorized representatives of Agency access to all records and material relating to calculation of PARS' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law.
7. Confidentiality. Without the Agency's consent, PARS shall not disclose any information relating to the Plan except to duly authorized officials of the Agency, subject to applicable law, and to parties retained by PARS to perform specific services within this Agreement. The Agency shall not disclose any information relating to the Plan to individuals not employed by the Agency without the prior written consent of PARS, except as such disclosures may be required by applicable law.
8. Independent Contractor. PARS is and at all times hereunder shall be an independent contractor. As such, neither the Agency nor any of its officers, employees or agents shall have the power to control the conduct of PARS, its officers, employees, or agents, except as specifically set forth and provided for herein. PARS shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation, and similar matters.
9. Indemnification. PARS and Agency hereby indemnify each other and hold the other harmless, including their respective officers, directors, and employees, from any claim, loss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of, to the extent, PARS' or Agency's, as the case may be, negligent acts, errors or omissions with respect to the performance of their respective duties hereunder.
10. Compliance with Applicable Law. The Agency shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding the administration of the Plan.
PARS shall observe and comply with federal, state, and local laws in effect when this Agreement is executed, or which may come into effect during the term of this Agreement, regarding Plan administrative services provided under this Agreement.
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
11. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in the County of Contra Costa.
12. Force Majeure. When a party's nonperformance hereunder was beyond the control and not due to the fault of the party not performing, a party shall be excused from performing its obligations under this Agreement during the time and to the extent that its performance is prevented by such cause. Such cause shall include, but not be limited to:
any incidence of fire, flood, acts of God or unanticipated communicable disease, acts of terrorism or war commandeering of material, products, plants or facilities by the federal, state or local government, a material act or omission by the other party or any law, ordinance, rule, guidance or recommendation by the federal, state or local government, or any agency thereof, which becomes effective after the date of this Agreement that delays or renders impractical either party's performance under the Agreement.
13. Ownership of Reports and Documents. The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to and become the property of the Agency. Copies may be made for PARS but shall not be furnished to others without written authorization from Agency.
14. Designees. The Plan Administrator of the Agency, or their designee, shall have the authority to act for and exercise any of the rights of the Agency as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Body of the Agency, a copy of which writing shall be delivered to PARS.
Any officer of PARS, or his or her designees, shall have the authority to act for and exercise any of the rights of PARS as set forth in this Agreement.
15. Notices. All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
(A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100, Newport Beach, CA 92660; Attention: President
(B) To Agency: City of Pleasant Hill; 100 Gregory Lane, Pleasant Hill, CA 94523; Attention: City Manager
Notices shall be deemed given on the date received by the addressee.
16. Term of Agreement. This Agreement shall remain in effect for the period beginning May 2, 2022 and ending May 1, 2025 ("Term"). This Agreement may be terminated at any time by giving thirty (30) days written notice to the other party of the intent to terminate. Absent a thirty (30) day written notice to the other party of the intent to terminate, this Agreement will continue unchanged for successive twelve-month periods following the Term.
17. Amendment. This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto.
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
18. Entire Agreement. This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement.
In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions, and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition.
19. Attorneys Fees. In the event any action is taken by a party hereto to enforce the terms of this Agreement the prevailing party herein shall be entitled to receive its reasonable attorney's fees.
20. Counterparts. This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart.
21. Headings. Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.
22. Effective Date. This Agreement shall be effective on the date first above written, and also shall be the date the Agreement is executed.
AGENCY:
BY:
June Catalano
TITLE: City Manager
DATE:
PARS:
BY: ~~2_
Tod Hammeras
TITLE: Chief Financial Officer
DATE: 4/14/2022
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
EXHIBIT IA
SERVICES
PARS will provide the following services for the City of Pleasant Hill Public Agencies PostEmployment Benefits Trust:
1. Plan Installation Services:
(A) Meeting with appropriate Agency personnel to discuss plan prov1s10ns, implementation timelines, actuarial valuation process, funding strategies, benefit communication strategies, data reporting, and submission requirements for contributions/reimbursements/ distributions;
(B) Providing the necessary analysis and advisory services to finalize these elements of the Plan;
(C) Providing the documentation needed to establish the Plan to be reviewed and approved by Agency legal counsel. Resulting final Plan documentation must be approved by the Agency prior to the commencement of PARS Plan Administration Services outlined in Exhibit IA, paragraph 2 below.
2. Plan Administration Services:
(A) Monitoring the receipt of Plan contributions made by the Agency to the trustee of the PARS Public Agencies Post-Employment Benefits Trust ("Trustee"), based upon information received from the Agency and the Trustee;
(B) Performing periodic accounting of Plan assets, reimbursements/distributions, and investment activity, based upon information received from the Agency and/or Trustee;
(C) Coordinating the processing of distribution payments pursuant to authorized direction by the Agency, and the provisions of the Plan, and, to the extent possible, based upon Agency-provided Data;
(D) Coordinating actions with the Trustee as directed by the Plan Administrator within the scope of this Agreement;
(E) Preparing and submitting a monthly report of Plan activity to the Agency, unless directed by the Agency otherwise;
(F) Preparing and submitting an annual report of Plan activity to the Agency; (G) Facilitating actuarial valuation updates and funding modifications for compliance with the applicable GASB pronouncements and/or statements, if prefunding OPEB obligations;
(H) Coordinating periodic audits of the Trust;
(I) Monitoring Plan and Trust compliance with federal and state laws.
3. PARS is not licensed to provide and does not offer tax, accounting, legal, investment or actuarial advice.
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) EXHIBIT 1B
FEES FOR SERVICES
PARS will be compensated for performance of Services, as described in Exhibit IA based upon the following schedule:
An annual asset fee shall be paid from Plan assets based on the following schedule:
For Plan Assets from:
$1 to
$10,000,001 to
$15,000,001 to
$50,000,001 and
$10,000,000
$15,000,000
$50,000,000
above
Annual Rate:
0.25%
0.20%
0.15%
0.10%
Annual rates are prorated and paid monthly. The annual asset fee shall be calculated by the following formula [Annual rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end of the month]. Trustee and Investment Management Fees are not included.
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
EXHIBIT IC
DATA REQUIREMENTS
PARS will provide the Services under this Agreement contingent upon rece1vmg the following information. Agency is solely responsible for ensuring that all information and documentation provided to PARS is true, correct, and authorized:
1. Executed Legal Documents:
(A) Certified Resolution
(B) Adoption Agreement to the Public Agencies Post-Employment Benefits Trust (C) Trustee Investment Forms
2. Contribution - completed Contribution Transmittal Form signed by the Plan Administrator ( or authorized Designee) which contains the following information:
(A) Agency name
(B) Contribution amount
(C) Contribution date
(D) Contribution method (Check, ACH, Wire)
3. Distribution - completed Payment Reimbursement/Distribution Form signed by the Plan Administrator ( or authorized Designee) which contains the following information:
(A) Agency name
(B) Payment reimbursement/distribution amount
(C) Applicable statement date
(D) Copy of applicable premium, claim, statement, warrant, and/or administrative expense evidencing payment
(E) Signed certification of reimbursement/distribution from the Plan Administrator ( or authorized Designee)
4. Other information pertinent to the Services as reasonably requested by PARS and Actuarial Provider.
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) Exhibit 2
City of Pleasant Hill
Pension Rate Stabilization Program
(PRSP)
Funding Policy
9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) Purpose and Introduction
The purpose of this Pension Rate Stabilization Program (PRSP) Funding Policy ("Policy") is to establish a methodology and a process for funding current and future costs associated with the City's contractual obligations to provide pension benefits as set forth in the City's labor agreements.
Adoption and Implementation
The City Council is responsible for adopting the Pension Rate Stabilization Program (PRSP) and for approving any significant revision. The designated Plan Administrators are responsible for developing administrative procedures, as needed, to implement the Policy. In this role, the Plan Administrators are authorized to make minor administrative changes in the Policy as long as they are intended to carry out the purpose of this Policy and will not have any significant policy impact. The City Council will review and approve this policy via resolution, as needed, to ensure it meets the current and future needs of the City.
Initial Set Up
The City shall establish an Internal Revenue Service Code Section 115 approved irrevocable trust to achieve a higher rate of return on investments than that earned in LAIF.
Once the City transfers funds into such a trust, they can only be utilized for payment of employee pension costs.
The following outlines the governance and administration of the proposed Trust:
City Council has the authority to establish the Trust and define policies for the administration of the Trust funds.
The Plan Administrator will have overall responsibility for the Trust funds and will develop and manage procedures in accordance with the City Council's adopted policies. The City Council will designate the City Treasurer and the Finance Manager as the Plan Administrators.
Trust Administrator, Public Agency Retirement Services (PARS), keeps plan documents current to ensure that they reflect the substantive plan and provides ongoing consulting, reporting and plan accounting records.
Trustee, currently US Bank, will be the plan's trustee and custodian and will safeguard the assets in the Trust, hold the investment securities for safekeeping and make disbursements on request.
1 9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) Investment Manager, currently Highmark Capital Management, will recommend investment portfolio allocations based upon the Pension Trust Funds' adopted investment policies and manage those assets accordingly.
Trust Administrator
PARS has established a multiemployer irrevocable trust in compliance with the requirements of Section 115 of the Internal Revenue Code. While it is a multi-employer trust, each employer's contributions benefit only its own employees. There is no sharing of either liability or investment earnings, and separate employer accounts are maintained.
PARS serves as the administrator of the Trust.
Trustee
Any contributions made to the program are held and invested by a trustee. The trustee duties include:
1. Safeguarding assets for the benefit of retirees;
2. Providing oversight protection of the investments;
3. Custodian of the assets; and
4. Disbursing funds to pay for pension costs.
Investment Manager
Investment Manager assists the City with selecting investment strategy depending on what rate of return the City expects to earn and level of risk tolerance the City is willing to take. Investment Manager provides annual review of the investment portfolio and asset allocation as well as takes on fiduciary responsibility for the City's pension asset management.
Asset Allocation Investment Strategy
PARS provides flexibility to the City in the selection of the investment strategy for its funds in the Trust, giving the City control on target yield and level of risk on its investments. The City has the ability to select one of five Investment Options that best suits its desired or expected return on its investments in the Trust. Each Investment Option allocates the assets in varying investment combinations of equity, fixed income, and cash. With each Investment Option, as the expected rate of return increases, so does the assumed risk. 2 9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution) The Asset Allocation Strategies and the corresponding Investment Options currently available are:
Equity Fixed Income Cash
Conservative 5%-20% 60% - 95% 0% - 20%
Moderately Conservative 20% -40% 50% - 80% 0% - 20%
Moderate 40% - 60% 40% - 60% 0% - 20%
Balanced 50% - 70% 30% - 50% 0% - 20%
Capital Appreciation 65% - 85% 10% - 30% 0% - 20%
The City Council will select the most appropriate investment option in the Trust.
This Policy recognizes that there will be investment market place volatility and that actual economic and demographic experience will differ from assumed experience. Accordingly, this Policy is intended to provide flexibility to smooth such volatility and experience in a reasonable, systematic and financially sound manner.
Contributions
To begin the funding of the Trust, the City will make a one-time contribution of $1.0 million to the Trust utilizing General Fund resources.
The City will consider making additional contributions to the Trust based on the net position of the General Fund recommended by the City Manager and Finance Manager. The amount will be based on unassigned General Fund Balance when revenues exceed costs (not including Measure K funds) in the audited financial statements. The contribution amount will be based on the annual excess audited unassigned General Fund Balance (not including Measure K). The recommended contribution amount will be based on the higher of 10% or $50,000 of the excess unassigned General Fund Balance.
Withdrawals
In order to establish a procedure for withdrawals of the funds:
a. City Manager will make recommendations to City Council during the budget process.
b. If needed immediately, City Manager will bring City Council Agenda Item for approval.
3 9.5.b
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Attachment: Resolution No. 30-22 (PARS Additional Contribution)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. __-23 AUTHORIZING A REQUEST TO THE
METROPOLITAN TRANSPORTATION COMMISSION FOR THE
ALLOCATION OF FISCAL YEAR 2024/2025 TRANSPORTATION
DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE PROJECT
FUNDING FOR THE PLEASANT HILL ROAD/OAK PARK
BOULEVARD CROSSWALK ENHANCEMENT PROJECT
SYNOPSIS
The purpose of this item is to consider adopting a Resolution to authorize the City Engineer to submit a State Transportation Development Act (TDA) Article 3 grant application in the amount of $175,000 for the construction of the Pleasant Hill Road/Oak Park Boulevard Corridor Crosswalk Enhancement Project. The Project would enhance three crosswalks along Pleasant Hill Road and two crosswalks on Oak Park Boulevard with new pedestrian activated flashing beacons and overhead lighting.
DISCUSSION
Background
The Metropolitan Transportation Commission (MTC) notified agencies of available TDA funds in November 2023. Eligible projects may include sidewalk improvements; pedestrian and bicycle crossing improvements; on-street or off-street bicycle facilities; and development of bicycle safety education programs or plans. The basic objectives of the TDA grant program are to increase the safety and efficiency of bicycle and pedestrian travel, and to encourage alternative modes of transportation. The MTC requires a supporting Resolution from the City Council to be eligible for grant funds.
The TDA program allows the City to submit one grant application per fiscal year. The grant award process has historically been very competitive. Although agencies are not required to provide a local funding match for the grant, it is strongly encouraged in order to remain competitive in the grant selection and award process.
Last year MTC allocated approximately $1.15 million in State TDA funds for project awards among the various agencies within Contra Costa County.
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Analysis
Given the requirement for TDA funds to be used for bicycle/pedestrian improvements, the proposed Pleasant Hill Road/Oak Park Boulevard Corridor Crosswalk Enhancement Project (Project) was identified as the candidate project for the Fiscal Year 2024/2025 grant application.
The Project would install new rectangular rapid flashing beacon (RRFB) systems with LED overhead pedestrian lights at three existing crosswalks on Pleasant Hill Road (PHR) and upgrade the two existing trail crossings on Oak Park Boulevard. When the project is complete, these five crossings would all have pedestrian activated RRFBs and overhead lighting. This project will be in partnership with Contra Costa County whose right-of-way covers the west side of PHR. This corridor is identified as a high priority corridor in the City’s draft Bicycle/Pedestrian Master Plan.
Pleasant Hill Road between Diablo View Road and just north of Withers Avenue/Lucinda Lane is lacking sidewalks and has limited road shoulder width available to comfortably walk or bike.
However, both Lucinda Lane and Diablo View Road provide access points to Pleasant Hill Elementary School and destinations beyond, allowing pedestrians and bicyclists to avoid walking along PHR. However, this still requires pedestrians and bicyclists to cross PHR at uncontrolled crossings. The current crosswalks have high visibility striping and signage, but lack ADA accommodations and do not meet current best practices given the vehicle volumes and speeds on PHR. Enthusiasm for improving the crossings has been expressed by residents who recently raised funds to install flags that pedestrians can use to increase their visibility to drivers as they cross PHR. The Project would install pedestrian activated RRFBs and overhead lights at the three crosswalks, as well as create accessible landing areas on both sides of PHR. The landings would be designed to tie into future sidewalk and leave room for bike facilities when funding becomes available to improve PHR.
The Contra Costa Canal Trail and EBMUD Trail provide a regional connection for people walking and biking. They connect neighborhoods to schools, parks, the newly constructed Pleasant Hill Library, and shopping areas throughout the City. The City has, over time, upgraded many of the trail crossings, installing raised crosswalks, pedestrian activated flashing beacons, and advanced yield lines. This Project would upgrade the two trail crossings across Oak Park Boulevard. The Contra Costa Canal Trail crossing would be upgraded with RRFBs (replacing the edge lit signs) and add pedestrian activated lighting. The EBMUD trail would be upgraded with pedestrian activated lighting. The existing pole foundations, poles, and other equipment would be reused as feasible to reduce the cost of these upgrades. This would upgrade both crossings to be consistent with the recently installed crosswalks on the corridor at Via del Sol and Manor Avenue as part of the 2023/2024 TDA grant project – Oak Park Boulevard Sidewalk Gap Closure.
In December 2023, staff submitted a preliminary application for the Pleasant Hill Road/Oak Park Boulevard Corridor Crosswalk Enhancement Project to the Countywide Bicycle Advisory Committee (CBAC) for review, as required.
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FISCAL IMPACT
The project improvement cost, including design and construction, is estimated at $315,000, of which staff is seeking $175,000 in TDA grant funds. TDA funds would become available in August 2024, and construction costs would have to be incurred before June 30, 2026. This project is not currently identified in the City’s Capital Improvement Program (CIP). If the TDA grant application is successful, the remaining $140,000 local match would come from the City’s Measure K pedestrian and bike program for FY 2023/24 and 2024/25, and the project would be added to the current CIP project list. Furthermore, allocation of project funding would require review by the Budget Committee and approval by City Council at a future 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
Adopt proposed Resolution.
ALTERNATIVES TO RECOMMENDED ACTION
City Council can choose not to adopt the proposed Resolution and not authorize the filing of the TDA grant application. Funding could be sought from other sources, or the City could choose not to construct the Project.
ATTACHMENT(S):
Project Location Map
Site Photos
Proposed Resolution
Attachment A: Findings
Attachment B: TDA Article 3 Project Application Form
Prepared by: Ryan McClain, Transportation Manager
Reviewed by: Ananthan Kanagasundaram, City Engineer
Approved by: Ethan Bindernagel, City Manager
9.6 Packet Pg. 72
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING A REQUEST TO THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALLOCATION OF FISCAL YEAR 2024/2025
TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 PEDESTRIAN/BICYCLE
PROJECT FUNDING FOR THE PLEASANT HILL ROAD/OAK PARK BOULEVARD
CROSSWALK ENHANCEMENT PROJECT
WHEREAS, Article 3 of the Transportation Development Act (TDA), Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and
WHEREAS, the Metropolitan Transportation Commission (MTC), as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, Revised, entitled “Transportation Development Act, Article 3, Pedestrian/Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and
WHEREAS, MTC Resolution No. 4108, Revised requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and
WHEREAS, the City of Pleasant Hill desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the project described in Attachment B to this Resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; and WHEREAS, the Pleasant Hill Road/Oak Park Boulevard Crosswalk Enhancement project cost is estimated at $315,000, and the local match would be $140,000, which represents 44% of the total cost.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; and
BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this Resolution, or that might impair the ability of the City of Pleasant Hill to carry out the project; and BE IT FURTHER RESOLVED, that the City of Pleasant Hill attests to the accuracy of and approves the statements in Attachment A to this Resolution; and BE IT FURTHER RESOLVED, that a certified copy of this Resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant) agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONNE P. CONNER, City Clerk
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant) Resolution No. -23
Attachment A
Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 24/25 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding Findings
1. That the City of Pleasant Hill is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is the City of Pleasant Hill legally impeded from undertaking the project(s) described in “Attachment B” of this resolution.
2. That the City of Pleasant Hill has committed adequate staffing resources to complete the project(s) described in Attachment B.
3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s).
4. Issues attendant to securing environmental and right-of-way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested.
5. That the project(s) described in Attachment B comply with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.).
6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s).
7. That the project(s) described in Attachment B are for capital construction and/or final design and engineering or quick build project; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic and/or Class IV separated bikeway; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by the City of Pleasant Hill within the prior five fiscal years.
8. That the project(s) described in Attachment B which are bicycle projects have been included in a detailed bicycle circulation element included in an adopted general plan, or included in an adopted comprehensive bikeway plan (such as outlined in Section 2377 of the California Bikeways Act, Streets and Highways Code section 2370 et seq.) or responds to an immediate community need, such as a quick-build project.
9. That any project described in Attachment B bicycle project meets the mandatory minimum safety design criteria published in the California Highway Design Manual or is in a National
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant) Association of City and Transportation Officials (NACTO) guidance or similar best practices document.
10. That the project(s) described in Attachment B will be completed in the allocated time (fiscal year of allocation plus two additional fiscal years).
11. That the City of Pleasant Hill agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public.
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant) Resolution No. _____ page ___
of ___
Attachment B
TDA Article 3 Project Application Form
1. Agency City of Pleasant Hill
2. Primary Contact Ryan McClain, PE, Transportation Manager
3. Mailing Address 100 Gregory Lane, Pleasant Hill, CA 94523
4. Email Address [email protected] 5. Phone Number 925-671-5203
6. Secondary Contact
(in the event primary
is not available)
Ananthan Kanagasundaram, PE, City Engineer
7. Mailing address (if
different) N/A☒
8. Email Address [email protected] 9. Phone Number 925-671-5261
10. Send allocation
instructions to (if
different from
above):
11. Project Title Pleasant Hill Road Pedestrian Crossing Enhancements
12. Amount requested $175,000 13. Fiscal Year of
Claim
2024/2025
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant)
14. Description of Overall Project:
15. Project Scope Proposed for Funding: (Project level environmental, preliminary planning, and ROW are ineligible uses of TDA funds.)
16. Project Location: A map of the project location is attached or a link to a online map of the project location is provided below:
Project Relation to Regional Policies (for information only) The proposed Pleasant Hill Road/Oak Park Boulevard Corridor Crosswalk Enhancement Project (Project) would install new rectangular rapid flashing beacon (RRFB) systems with LED overhead pedestrian lights at three existing crosswalks on Pleasant Hill Road (PHR) and upgrade the two existing trail crossings on Oak Park Boulevard. When the project is completed, the five crossings would all have pedestrian activated RRFBs and overhead lighting. This project will be in partnership with Contra Costa County whose right-of-way covers the west side of PHR. This corridor is identified as a high priority corridor in the City’s draft Bicycle/Pedestrian Master Plan.
For many Pleasant Hill Elementary School (PHE) students as well as residents living on the west side of Pleasant Hill Road (PHR) in both Pleasant Hill and unincorporated Contra Costa County, PHR is a major barrier to walking and riding to school and areas to the east. PHR between Diablo View Road and just north of Withers Avenue/Lucinda Lane is lacking sidewalks and has limited shoulder that can be used to comfortably walk or bike. However, both Lucinda Lane and Diablo View Road provide access points to PHE and destinations beyond, allowing pedestrians and bicyclists to avoid walking along PHR (as long as they can get across it). The current crosswalks have high visibility striping and signage, but lack ADA accommodations and do not meet current best practices given the vehicle volumes and speeds on PHR. Enthusiasm for improving the crossings has been expressed by residents who recently raised funds to install flags that pedestrians can use to increase their visibility to drivers as they cross PHR. The Project would install pedestrian activated RRFBs and overhead lights at the three crosswalks, as well as create accessible landing areas on both sides of PHR. The landings would be designed to tie into future sidewalk and leave room for bike facilities when funding becomes available to improve PHR.
The Contra Costa Canal Trail and EBMUD Trail provide a regional connection for people walking and biking. They connect neighborhoods to schools, parks, the newly constructed Pleasant Hill Library, and shopping areas throughout the City. The City has over time upgraded many of the trail crossings, installing raised crosswalks, pedestrian activated flashing beacons, and advanced yield lines. This Project would upgrade the two trail crossings across Oak Park Boulevard, a minor arterial and bus route providing access to the Pleasant Hill BART station. The Contra Costa Canal Trail crossing would be upgraded with RRFBs (replacing the edge lit signs) and added pedestrian activated lighting.
The EBMUD trail would be upgraded with pedestrian activated lighting. The existing pole foundations, poles, and other equipment would be reused as feasible to reduce the cost of these upgrades. This would upgrade both crossings to be consistent with the recently installed crosswalks on the corridor as part of the 2023/2024 TDA grant project – Oak Park Boulevard Sidewalk Gap Closure.
The proposed TDA funds will be applied towards construction of the improvements as listed on the detailed estimate.
Project location map attached.
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant)
17. Is the project in an Equity Priority Community?
Yes☐ No☒
18. Is this project in a Priority Development Area or a Transit-Oriented Community? Yes☐ No☒
19. Project Budget and Schedule
Project Eligibility
A. Has the project been reviewed by the Bicycle and Pedestrian Advisory Committee? Yes☐ No☒
If “YES,” identify the date and provide a copy or link to the agenda.
If "NO," provide an explanation).
Submitting for review.
B. Has the project been approved by the claimant's governing body? Yes☐ No☒
If "NO," provide expected date:___12/18/23__________
C. Has this project previously received TDA Article 3 funding? Yes☐ No☒
(If "YES," provide an explanation on a separate page)
D. For "bikeways," does the project meet Caltrans minimum safety design criteria Yes☒ No☐
pursuant to Chapter 1000 of the California Highway Design Manual? E. 1. Is the project categorically exempt from CEQA, pursuant to CCR Section 15301(c), Yes☒ No☐
Existing Facility?
2. If “NO” above, is the project is exempt from CEQA for another reason? Yes☐ No☐
Project Phase TDA 3 Other Funds Total Cost Estimated Completion (month/year)
Bike/Ped Plan
ENV
PA&ED
PS&E $15,000 $15,000 Novemember 2024
ROW
CON $175,000 $125,000 $300,000 June 2025
Total Cost $175,000 $140,000 $315,000
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant) Cite the basis for the exemption. __________________________ N/A☐
If the project is not exempt, please check “NO,” and provide environmental documentation, as appropriate.
F. Estimated Completion Date of project (month and year):
______June 2025______
G. Have provisions been made by the claimant to maintain the project or facility, or has Yes☒ No☐
the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility, please identify below and provide the agreement.
H. Is a Complete Streets Checklist required for this project ? Yes☐ No☒
If the amount requested is over $250,000 or if the total project phase or construction phase is over $250,000, a Complete Streets checklist is likely required. Please attach the Complete Streets checklist or record of review, as applicable. More information and the form may be found here:
https://mtc.ca.gov/planning/transportation/complete-streets
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Attachment: Proposed Resolution (Request to MTC for FY 24/25 TDA Grant)
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Attachment: Project Map and Site Photos (Request to MTC for FY 24/25 TDA Grant)
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Attachment: Project Map and Site Photos (Request to MTC for FY 24/25 TDA Grant)
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Attachment: Project Map and Site Photos (Request to MTC for FY 24/25 TDA Grant)
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Attachment: Project Map and Site Photos (Request to MTC for FY 24/25 TDA Grant)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTIONS AUTHORIZING THE CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES AGREEMENTS WITH R.E.Y.
ENGINEERS INC. (RESOLUTION NO.___-23) AND TOWILL, INC.
(RESOLUTION NO. ___-23) TO PROVIDE ACTING CITY SURVEYOR
AND LAND SURVEYING SERVICES
SYNOPSIS
The City Council is requested to authorize the City Manager to execute two separate Professional Services Agreements with R.E.Y. Engineers, Inc. (Consultant) and Towill, Inc. (Consultant), respectively, to perform Acting City Surveyor and land surveying services.
Authorization is requested for two separate agreements with two consultants should the need arise for a City Surveyor and land surveying services when one firm is unavailable or there is a conflict of interest.
DISCUSSION
Background
Per the California Subdivision Map Act (Govt. Code §§66410-66499.58), the City must administer and enforce regulations governing the division of land. The City reviews and approves subdivisions, lot line adjustments, parcel mergers, and certificates of compliance. This process requires a licensed land surveyor to review maps for technical accuracy, ensure compliance with City ordinances and other applicable regulations, and sign the maps on behalf of the City. It is standard practice among cities within the Bay Area that these services are provided through the use of a consultant Acting City Surveyor, as most cities cannot justify employing a full-time licensed surveyor.
Currently, the City does not have an active agreement with a land surveying firm to perform City Surveyor services. Over the past ten years, the City utilized the firm Bureau Veritas to provide City Surveyor services. This past September, the City staff learned that the surveyor the City had been using was no longer with the company, and that the firm did not have a replacement licensed surveyor within the local proximity of Pleasant Hill.
In October, City staff issued a Request for Qualifications (RFQ) to local Land Surveying firms
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requesting Acting City Surveyor and land surveying services. The services identified in the RFQ include, but are not limited to, reviewing final and parcel maps for technical accuracy; preparing/reviewing of plat maps and legal descriptions; providing project site surveys, construction staking, and field checking of street monuments; providing professional consulting on surveying issues; signing and stamping documents, as required by the Subdivision Map and Professional Surveyor’s Act; and assisting staff in obtaining Records of Survey, maps, and other documents from the County, as needed.
Analysis
On October 12, 2023, staff issued an RFQ to land surveying firms. Eight firms submitted timely proposals, including Belleci, BKF, dk Engineering, Kier & Wright, RJA, R.E.Y. Engineers, Inc., Towill, Inc., and Wilsey Ham by the November 23, 2023 deadline.
To select the most qualified firm, staff evaluated each statement of qualifications. Necessary qualifications included recent experience and demonstrated knowledge of land surveying and experience as an Acting City Surveyor. Interviews with four firms were conducted on November 30, 2023.
The proposals submitted by R.E.Y. Engineers, Inc., and Towill, Inc., met all RFQ requirements, including having an office located locally in the San Francisco Bay Area. R.E.Y. Engineers, Inc. is located in Pleasanton, and Towill, Inc. in Concord. Both R.E.Y. Engineers, Inc. and Towill, Inc. have extensive surveying experience and multiple licensed surveyors on staff. They both provide similar services to various agencies throughout the Bay Area.
These agreements are intended to last for a three-year duration with the option of the City providing an extension of up to two additional years.
FISCAL IMPACT
The proposed Professional Services agreement with R.E.Y. Engineering is a not-to-exceed amount of $100,000. The proposed Professional Services agreement with Towill, Inc., is also a not-toexceed amount of $100,000. Approximately 90 percent of the work for Acting City Surveyor services is anticipated to be third-party reimbursable and charged to the specific project developer deposit account. The remaining 10 percent is estimated to be surveying work related to Capital Improvement Projects (CIP) and will be charged to specific CIP budgets. In rare cases where the City requires surveying work or review services that fall outside the anticipated work previously described and are not project-specific, General Fund monies would be used.
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.
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RECOMMENDED CITY COUNCIL ACTION
Staff recommends the adoption of both Resolutions, authorizing the City Manager to execute two separate professional services agreements with R.E.Y. Engineers, Inc., and Towill, Inc., for the provision of land surveying services.
ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt the proposed Resolution and provide direction to staff.
ATTACHMENT(S):
Proposed Resolution – R.E.Y. Engineers, Inc.
Proposed Resolution – Towill, Inc.
Exhibit 1 – R.E.Y. Engineers, Inc., Professional Services Agreement & Scope of Services Exhibit 1 – Towill, Inc., Professional Services Agreement & Scope of Services Prepared by: Ryan Cook, Senior Civil Engineer
Reviewed 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 R.E.Y. ENGINEERS, INC. TO PROVIDE ACTING CITY SURVEYOR
AND LAND SURVEYING SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with R.E.Y Engineers, Inc. (“Consultant”) to perform Acting City Surveyor and Land Surveying Services; and
WHEREAS, Staff issued a Request for Qualifications (RFQ) to Land Surveying firms on October 12, 2023, eight Statements of Qualifications were received on November 23, 2023, four firms were interviewed on November 30, 2023, and two firms were chosen; and WHEREAS, R.E.Y Engineer’s Inc. met all RFQ requirements and demonstrated they have the required experience, knowledge, and resources to provide Acting City Surveyor and Land Surveying Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement with R.E.Y Engineers, Inc. (Exhibit 1) in the not to exceed amount of $100,000; and BE IT FURTHER RESOLVED the contract agreement shall last three years in duration with the option for the city to extend up to two additional years.
ADOPTED by the City Council of Pleasant Hill at a regular meeting held on the 18th day of December 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
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Attachment: Proposed Resolution_REY (Acting City Surveyor and Land Surveying Services) 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 R.E.Y. Engineers, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
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 for a duration of three-years with the option of the City to extend up to two additional years.
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 $100,000 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 2 5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notes and internal documents, shall become the property of the City upon payment to Consultant for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Consultant or to any 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
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 3 b. serve in a staff capacity with the City and in that capacity participate in making a governmental decision as defined in 2 California Code of Regulations (“C.C.R”) § 18704(a) and (b) or perform the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code under 2 C.C.R. § 87302. (2 C.C.R. § 18700.3.)
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
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 4 under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in 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.
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 5 v. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
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.
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 6 If to City: City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
If to Consultant: R.E.Y. Engineers, Inc.
5673 W. Las Positas Blvd #209
Pleasanton, CA 94588
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.
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 7 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 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 Lyone Conner, City Clerk
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 8 Attachments: Exhibit A – Scope of Services and Fee Schedule
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 9 EXHIBIT A
SCOPE OF SERVICES
FOR
ACTING CITY SURVEYOR AND LAND SURVEYING SERVICES
In general, all services performed under this agreement shall conform with all applicable Federal and State standards, regulations, policies, and procedures.
The scope of consultant services may include, but not be limited to, the following tasks:
1) Review Final and Parcel maps for technical accuracy. 2) Review plat maps and legal descriptions for technical accuracy. 3) Prepare plat maps and legal descriptions
4) Sign and stamp documents as required by the Subdivision Map and Professional Surveyor’s Act.
5) Provide project site surveys.
6) Provide project-level property surveys.
7) Construction staking and field checking of street monuments. 8) Provide professional consulting on surveying issues. 9) Assist staff in obtaining Records of Surveys, maps, and other survey records from County records.
10) Other miscellaneous surveying related services as needed by the City of Pleasant Hill.
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) Statement of for Qualifications for
A c t i n g C i t y S u r v e y o r a n d L a n d S u r v e y i n g S e r v i c e s
F E E S C H E D U L E
J. Fee Schedule
EXHIBIT A
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Attachment: Exhibit 1 - REY_Agreement for Professional Services (Acting City Surveyor and Land Surveying Services) 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 TOWILL, INC. TO PROVIDE ACTING CITY SURVEYOR AND
LAND SURVEYING SERVICES
WHEREAS, the City Council is requested to authorize the City Manager to execute a Professional Services Agreement with Towill, Inc. (“Consultant”) to perform Acting City Surveyor and Land Surveying Services; and
WHEREAS, Staff issued a Request for Qualifications (RFQ) to Land Surveying firms on October 12, 2023, eight Statements of Qualifications were received on November 23, 2023, four firms were interviewed on November 30, 2023, and two firms were chosen; and WHEREAS, Towill Inc. met all RFQ requirements and demonstrated they have the required experience, knowledge, and resources to provide Acting City Surveyor and Land Surveying Services; and
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the City Manager is hereby authorized to execute a Professional Services Agreement with Towill, Inc. (Exhibit 1) in the not to exceed amount of $100,000; and BE IT FURTHER RESOLVED the contract agreement shall last three years in duration with the option for the city to extend up to two additional years.
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th day of December 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
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Attachment: Proposed Resolution_Towill (Acting City Surveyor and Land Surveying Services) 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 Towill, Inc. ("Consultant").
RECITALS
A. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and
B. Consultant possesses the skill, experience, ability, background, certification, and knowledge to provide the services described in this Agreement on the terms and conditions described herein.
AGREEMENT
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 for a duration of three-years with the option of the City to extend up to two additional years.
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 $100,000 without additional authorization from the City. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
4. Method of Payment. Consultant shall submit monthly billings to City describing the work performed during the preceding month. Consultant's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Consultant no later than 30 days after approval of the monthly invoice by City staff. When payments made by City equal 90% of the maximum fee provided for in this Agreement, no further payments shall be made until the final work under this Agreement has been accepted by City.
5. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Consultant, its officers, employees and agents and subcontractors in the course of
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Packet Pg. 100 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 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
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Packet Pg. 101 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 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.
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Packet Pg. 102 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 4 iii. Automobile Liability Coverage. Consultant shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non-owned vehicles, in 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.
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Packet Pg. 103 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 5 c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Consultant shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
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, except for the professional liability insurance policay, shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense). It is acceptable for the professional liability insurance policy to be a wasting policy.
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
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Packet Pg. 104 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 6 Pleasant Hill, CA 94523-3323
If to Consultant: Towill, Inc.
2300 Clayton Road, Suite 1200
Concord, CA 94520
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.
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Packet Pg. 105 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services)
9.7.d
Packet Pg. 106 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 8 9.7.d
Packet Pg. 107 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) 9 EXHIBIT A
SCOPE OF SERVICES
FOR
ACTING CITY SURVEYOR AND LAND SURVEYING SERVICES
In general, all services performed under this agreement shall conform with all applicable Federal and State standards, regulations, policies, and procedures.
The scope of consultant services may include, but not be limited to, the following tasks:
1) Review Final and Parcel maps for technical accuracy. 2) Review plat maps and legal descriptions for technical accuracy. 3) Prepare plat maps and legal descriptions
4) Sign and stamp documents as required by the Subdivision Map and Professional Surveyor’s Act.
5) Provide project site surveys.
6) Provide project-level property surveys.
7) Construction staking and field checking of street monuments. 8) Provide professional consulting on surveying issues. 9) Assist staff in obtaining Records of Surveys, maps, and other survey records from County records.
10) Other miscellaneous surveying related services as needed by the City of Pleasant Hill.
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Packet Pg. 108 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services) Statement of Qualifications for
Acting City Surveyor and Land Surveying Services
Page | 15
Fee Schedule
Towill, Inc.
Fiscal Year*
2023-2024 2024-2025 2025-2026 2026-2027 2027-2028
Principal $255.00 $260.00 $270.00 $280.00 $290.00
Senior Land Surveyor $245.00 $250.00 $260.00 $270.00 $280.00 Senior Project Manager $245.00 $250.00 $260.00 $270.00 $280.00 Survey Project Manager $215.00 $220.00 $227.00 $235.00 $245.00 Project Surveyor $183.00 $190.00 $198.00 $206.00 $215.00 Associate Surveyor $168.00 $175.00 $181.00 $188.00 $195.00 Survey Office Technician $141.00 $147.00 $154.00 $160.00 $167.00 CADD Technician $115.00 $120.00 $125.00 $131.00 $137.00 Project Safety $125.00 $130.00 $136.00 $142.00 $149.00
Project Coordinator $103.00 $105.00 $110.00 $115.00 $121.00 Project Assistant $80.00 $85.00 $90.00 $95.00 $100.00
Prevailing Wage Rates by Field Survey Personnel Classifications Party Chief** $170.00 $179.00 $188.00 $198.00 $208.00
Chainperson** $155.00 $163.00 $172.00 $180.00 $189.00
Apprentice** $140.00 $147.00 $155.00 $163.00 $172.00
* Billing rate increases are effective on July 1.
** Prevailing Wage, Operating Engineers Union Local 3.
Notes:
• Field survey personnel and crews are billed at a minimum of 8 hours per day only. • Field survey rates are inclusive of one survey vehicle, vehicle mileage up to 50 miles from the home office, conventional and GPS survey equipment, and standard safety equipment. Additional trucks will be charged at $20/hour.
SPECIAL LABOR RATES
Hazmat Crew Supplement Field Personnel Rate plus $10.00 per Person per Hour Night Shift Work Field Personnel Rate plus 12.5% per Person per Hour
AUTHORIZED OVERTIME LABOR RATES
Saturdays and in Excess of 8 Hours on
Weekdays 1.5 times Regular Rate
Sundays and Holidays 2.0 times Regular Rate
EQUIPMENT AND OTHER DIRECT COSTS
Terrestrial Static Laser Scanner Quote Provided per Project Terrestrial Mobile Laser Scanner Quote Provided per Project Specialty Survey Equipment Quote Provided per Project
Client shall pay the costs, plus 10%, for any applicable government fees, title company charges, subconsultant fees, outside vendor costs, reproduction costs, vehicle mileage (except as noted above), travel related costs, rental vehicles and boats, rental and specialty equipment, consumable materials, digital delivery media, and delivery or messenger services incurred on Client’s behalf.
EXHIBIT A
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Packet Pg. 109 Attachment: Exhibit 1 - Agreement for Professional Services_Towill (Acting City Surveyor and Land Surveying Services)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-23 ACCEPTING AB 1600 REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED JUNE 30,
2023
SYNOPSIS
Staff requests that the City Council signify its review of a State-required annual report on the collection and expenditure of development impact fees through the adoption of a resolution.
DISCUSSION
Background
AB 1600 (Mitigation Fee Act, 1998), codified as Section 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and expend impact fees imposed on developers for the purpose of defraying costs of public facilities. It includes requirements for annual accounting and reporting of the fees.
Section 66006(b)(1) includes the following specific reporting requirements:
For each separate account or fund established pursuant to subdivision (a), the local agency shall, within 180 days after the last day of each fiscal year, make available to the public the following information for the fiscal year:
(A) A brief description of the type of fee in the account or fund; (B) The amount of the fee;
(C) The beginning and ending balance of the account or fund; (D) The amount of fees collected and interest earned;
(E) An identification of each public improvement on which fees were expended and the amount of the expenditure on each, including the percentage of the cost of the public improvement that was funded with fees;
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(F) A description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended, and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan; and
(H) The amount of refunds made pursuant to subdivision (e) of Section 66001 and any allocations pursuant to subdivision (f) of Section 66001.
Further, Section 66006(b)(2) requires that the local agency governing board review the information made available to the public pursuant to Section 66006(b)(1).
Traffic mitigation fees are the only development impact fees collected by the City, and have been identified as fees subject to Government Code Section 66000 requirements.
Historically in the City of Pleasant Hill, the required governing board review of the annual report of the impact fee has been achieved through the City Council’s acceptance of a report containing the required information and adoption of a resolution confirming acceptance of the report.
Analysis
Attached is a resolution containing, as an exhibit, the report for fiscal year 2022/23 of the information required by Section 66006(b)(1). Detail is provided for all expenditures and transfers made during the fiscal year. Note that the fund detailed in the report includes revenues and expenditures arising from the traffic mitigation development impact fee, as well as other revenues and expenditures from other sources such as grants that can be used for the same purposes.
FISCAL IMPACT
There is no fiscal impact from accepting the report of required information.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the proposed resolution accepting the AB 1600 Report on Development Impact Fees for Fiscal Year Ended 6/30/2023.
ALTERNATIVES TO RECOMMENDED ACTION
Do not accept the AB 1600 Report on Development Impact Fees for Fiscal Year Ended 6/30/2023 and provide further direction to staff.
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ATTACHMENT(S):
Proposed Resolution
Exhibit 1- AB 1600 Development Impact Fees Fiscal Year Ended 6/30/2023 Prepared by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, City Manager
9.8 Packet Pg. 112
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL ACCEPTING THE AB 1600 REPORT ON DEVELOPMENT IMPACT FEES FOR FISCAL YEAR ENDED 6/30/2023
WHEREAS, Government Code Sections 66000 et seq. (commonly known as and referred to herein as AB 1600) regulate the imposition, collection, maintenance, expenditure and reporting of impact fees imposed on developers for the purpose of defraying costs of public facilities; and WHEREAS, the City has one impact fee collected from developers that is subject to AB 1600’s requirements, the traffic mitigation fee; and
WHEREAS, pursuant to Section 66006(b)(1) the City shall make available to the public certain information regarding impact fees, including a description of the type of fees and the fee amounts; the amount of fees collected and the interest earned for the year; the amount of expenditures and refunds made in the year; and the beginning and ending balances; and WHEREAS, the City has prepared the fiscal year 2022/23 annual report, which has been on file and available for review in the office of the Finance Department since before December 31, 2023.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill hereby accepts the attached AB 1600 Report on Development Impact Fees for the Fiscal Year Ended 6/30/23 (Exhibit 1).
ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18
th day of December, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONE P. CONNER, City Clerk
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Packet Pg. 113 Attachment: Proposed Resolution (AB1600 report) Exhibit 1
City of Pleasant Hill
AB 1600 Report on Development Impact Fees
For Fiscal Year Ended 6/30/2023
Pursuant to California Government Code 66006(b), As Amended Fund Balance, July 1 $176,462
Revenues:
Fees* 616,850
State Grant 30
Interest 7,106
Total Revenue 623,986
Expenditures:
Pleasant Hill Road Improvement/Gregory Project 521,700
Total Expenditures 521,700
Change in Fund Balance 102,286
Fund Balance, June 30 $278,748
Per Ordinance 627-Fund 08 (effective 1-1-89), Traffic Mitigation fees should be used to pay for improvement of existing streets in order to increase their traffic carrying capacity. Effective 12-3-2003, Ordinance 779 was passed. This Ordinance stated that Traffic Mitigation fees should be used for upgrades, expansions or additions to the City's system of street improvements and related transit, bicycle, and pedestrian facilities. The City has discretion to determine the use of these revenues through the capital improvement program. Permissible use of fee revenue includes but is not limited to:
1. Street widening and extensions;
2. Construction of minor intersection improvements;
3. Upgrades to traffic control devices (traffic signals) including interconnects;
4. Completion of gaps in the street, transit, bicycle and pedestrian facilities; and
5. Improvements to substandard street, transit, bicycle and pedestrian facilities.
In order to differentiate between fees received 1-1-89 through 12-2-2003 and thereafter, the fund was split into Fund 08 (collection of fees effective 1-1-89 through 12-2-03) and Fund 06 (collection of fees 12-3-03 and thereafter). * Traffic Mitigation Fees:
Single-family residential $3,879 per unit
Multiple-family residential $3,110 per unit
Commercial $10.030 per square foot
Office $8.527 per square foot
Industrial $3.145 per square foot
For other uses, Traffic Mitigation Fee is $325 per trip as estimated by Engineering Department. See Municipal Code Section 5.55
City
Fund 06/08
Traffic Mitigation
9.8.b
Packet Pg. 114 Attachment: Exhibit 1 - Report on Development Impact Fees (AB1600 report)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO.___-23 AUTHORIZING THE MAYOR AND
THE CITY MANAGER TO EXECUTE A SUCCESSOR MEMORANDUM
OF UNDERSTANDING AND APPROVING THE ACCOMPANYING
SALARY SCHEDULE FOR THE LOCAL 1/AFSCME BARGAINING
UNIT
SYNOPSIS
Adoption of the proposed resolution would authorize the Mayor and City Manager to execute the successor Memorandum of Understanding (MOU) between the City of Pleasant Hill and the Local 1/AFSCME (Local 1) bargaining unit.
DISCUSSION
Background
A bargaining team comprising IEDA Consultant Greg Ramirez and the City’s Chief Human Resources Officer negotiated with representatives of Local 1 in good faith to reach agreement on a successor memorandum of understanding (MOU). The parties began meeting on August 9, 2023, prior to the most recent MOU expiring on August 30, 2023. After numerous productive negotiation sessions the parties successfully reached a tentative agreement on Wednesday, November 29, 2023. The Local 1 membership held a ratification vote on Monday, December 4, 2023, and the tentative agreement was unanimously approved by the membership.
Analysis
The City has negotiated in compliance with the Meyers-Milias-Brown Act (MMBA) and all other applicable requirements to reach agreement with Local 1 on a new MOU that meets the interests of both parties. The following are the noteworthy changes in the proposed MOU relative to its predecessor:
Change in term to September 1, 2023 through August 30, 2026 Annual cost of living adjustment (COLA):
o 3.25% effective September 1, 2023
9.9 Packet Pg. 115
o 3.25% effective September 1, 2024
o 3.5% effective September 1, 2025
Add Step G (2.5%) effective September 1, 2024
Medical Contribution cap for employees eliminated and formula changed to 80/20 for all member/employees effective Plan Year 2024
Change in the medical in lieu benefit to a tiered program:
o Employee Only: $400
o Employee + 1: $500
o Family: $600
Compensatory Time cash-out once per calendar year up to 80 hours. Increase to Retiree Health Savings Account (additional $25/month)
FISCAL IMPACT
The adoption of the proposed resolution authorizing the execution of the MOU between the City and Local 1 will increase the City’s costs by approximately $141,619 in salaries and benefits for the life of the contract over assumptions. The FY 23-24 budget will be increased by $21,636 to account for these changes and the other agreed upon changes will be incorporated in the next biennial budget.
PUBLIC CONTACT
Public contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Staff recommends approving the proposed resolution.
ALTERNATIVES TO RECOMMENDED ACTION
Council can redirect staff to continue to negotiate with the Local 1 representatives.
ATTACHMENT(S):
Proposed Resolution
Exhibit 1 – Redline Comparison Document
Exhibit 2 – Local 1/AFSCME Memorandum of Understanding – September 1, 2023 through August 30, 2026
Prepared by: Ericka R. Mitchell, Chief Human Resources Officer
9.9 Packet Pg. 116
Approved by: Ethan Bindernagel, City Manager
9.9 Packet Pg. 117
RESOLUTION NO. -23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE A
SUCCESSOR MEMORANDUM OF UNDERSTANDING AND APPROVING THE
ACCOMPANYING SALARY SCHEDULE FOR THE CITY OF PLEASANT HILL LOCAL 1/AFSCME BARGAINING UNIT
WHEREAS, the most recent Memorandum of Understanding (“MOU”) covering the Local 1, AFSCME bargaining unit (“Local 1”) expired on August 30, 2023; and WHEREAS, the City Council retained the Industrial Employers and Distributors Association (IEDA) to provide representation services in discussions with Local 1 concerning terms of a successor MOU; and
WHEREAS, Gregory Ramirez, IEDA employee, served as the City’s labor relations consultant to confer over those terms with representatives of Local 1; and WHEREAS, meetings have been conducted between the City’s consultant and the Local 1, resulting in tentative terms of the successor MOU; and
WHEREAS, the terms of said successor MOU are set forth in full in writing in the redline comparison document (Exhibit 1) and the MOU (Exhibit 2) attached hereto; and WHEREAS, Local 1 membership voted to ratify the tentative terms of the proposed successor MOU; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that the terms of the attached MOU are by this reference incorporated herein and shall have effect according to its terms when signed by the authorized representatives of Local 1 and the City as provided herein. At that time, Resolution No.98-22 approving the expired MOU shall be deemed superseded and rescinded.
BE IT FURTHER RESOLVED, the fiscal year 23-24 budget will be increased by $21,636 to account for these changes.
BE IT FURTHER RESOLVED, that the Mayor and the City Manager are authorized to execute the successor MOU in the form attached hereto, subject to any non-substantive changes acceptable to the City Attorney, and following signing by the authorized Local 1 representative(s).
BE IT FURTHER RESOLVED, that the City Council of the City of Pleasant Hill approves and adopts the accompanying Salary Schedule (Exhibit A to the MOU). [Signatures on the Following Page]
9.9.a
Packet Pg. 118 Attachment: Proposed Resolution (Local 1/AFSCME Successor MOU) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:
LYONNE P. CONNER, City Clerk
9.9.a
Packet Pg. 119 Attachment: Proposed Resolution (Local 1/AFSCME Successor MOU)
MEMORANDUM OF UNDERSTANDING
Between
PUBLIC EMPLOYEES UNION, LOCAL ONE
and
CITY OF PLEASANT HILL
September 1, 2022 2023 – August 31, 20232026
9.9.b
Packet Pg. 120 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page ii
MOU 2023-2026
Table of Contents
ARTICLE I
UNION RECOGNITION .......................................................................................1 Union Recognition and Deduction of Union Dues .................................................1 Hold Harmless .....................................................................................................1 Maintenance of Membership Clause.....................................................................1 Discrimination Prohibited .....................................................................................1
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE
DUTIES ...............................................................................................................2
ARTICLE III
GRIEVANCE PROCEDURES .............................................................................3 Purpose of Grievance Procedures ......................................................................3 Conduct of Grievance Procedure ........................................................................3 Matters Subject to Grievance Procedure .............................................................4 Definition .............................................................................................................4 Grievance Procedure ..........................................................................................4
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES ..........................................................5 Layoff Procedure .................................................................................................5 Training Opportunities .........................................................................................6 On-The-Job Training ...........................................................................................6 Reinstatement After Layoff ..................................................................................6
ARTICLE V
HOLIDAYS AND VACATIONS.............................................................................7 Holidays ..............................................................................................................7 Religious Observance .........................................................................................7 Vacation Leave ....................................................................................................7 Personal Leave ...................................................................................................9 Guidelines for Approval .......................................................................................9 Vacation Buy Back ..............................................................................................10
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE ........................................10 Payment for Accumulated Sick Leave................................................................ 10 Leave Donation ...................................................................................................11
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS ..................................................11 Call Back .............................................................................................................11 Stand-By Time ....................................................................................................12
9.9.b
Packet Pg. 121 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page iii
MOU 2023-2026
Compensatory Time............................................................................................12
ARTICLE VIII
WORK SCHEDULES..........................................................................................12 Work Week..........................................................................................................12 Overtime..............................................................................................................13 Overtime Scheduling...........................................................................................13 Clean Up Time ....................................................................................................13 Meal Periods .......................................................................................................14 Meal Cost Reimbursements ................................................................................14 Compensatory Time Off ......................................................................................14 Varying Hours .....................................................................................................14
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES.............................................14 Applicable Pay Rates Following Promotion.........................................................14 Applicable Pay Rates Following Demotion..........................................................14 Applicable Pay Rates Following Transfer............................................................15 Applicable Pay Rates Following Salary Range
Increases and Decreases.........................................................................15 Pay Status...........................................................................................................15 Premium Pay for Employees in “Acting Capacity”...............................................15 Applicable Pay Rates Upon New Employee Appointment to City Service...........15
ARTICLE X
LONGEVITY PAY PLAN ................................................................................. 15
ARTICLE XI
BENEFIT PLAN ..................................................................................................16 Medical................................................................................................................16 Medical In-Lieu....................................................................................................17 Dental/Orthodontia ..............................................................................................17 Vision Plan ..........................................................................................................17 Life Insurance......................................................................................................17 Disability Insurance .............................................................................................17
ARTICLE XII
EDUCATIONAL INCENTIVE..............................................................................18
ARTICLE XIII
PERFORMANCE EVALUATION........................................................................18 Annual Review ....................................................................................................19 Bonus Plan..........................................................................................................19
ARTICLE XIV
SALARY ADMINISTRATION .............................................................................20
9.9.b
Packet Pg. 122 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page iv
MOU 2023-2026
Base Wage Rates ...............................................................................................20 Pesticides Certificate...........................................................................................20 Fleet Services Coordinator “Backup”...................................................................20
ARTICLE XV
NO STRIKE OR LOCKOUTS .............................................................................20
ARTICLE XVI
FULL AGREEMENT ...........................................................................................21
ARTICLE XVII
SAVINGS CLAUSE ............................................................................................21
ARTICLE XVIII
RETIREMENT.....................................................................................................22 Retirement Benefits.............................................................................................22 Sick Leave Conversion Upon Retirement............................................................22 Retiree Heath Savings Account .........................................................................22 Reversion of Residual Funds .............................................................................23
ARTICLE XIX
DEFERRED COMPENSATION ..........................................................................23 IRS 125 Plan .......................................................................................................23 401 (a) Money Purchase Plan.............................................................................23
ARTICLE XX
JOB ANNOUNCEMENTS...................................................................................23
ARTICLE XXI
MISCELLANEOUS .............................................................................................23 Protective Apparel Allowance..............................................................................23 Uniform Allowance ..............................................................................................24 Temporary and Part-Time Employees.................................................................24 Conversion of Permanent Positions to Part-Time................................................24 Required Class II (B) Driver’s License.................................................................24
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C” .............................................................24
ARTICLE XXIII
PROMOTION SELECTION PROCESS ..............................................................25
ARTICLE XXIV
EMPLOYEE RIGHTS..........................................................................................25
9.9.b
Packet Pg. 123 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page v
MOU 2023-2026
ARTICLE XXV
CITY RIGHTS CLAUSE......................................................................................25
ARTICLE XXVI
TERM OF AGREEMENT ....................................................................................27
9.9.b
Packet Pg. 124 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 1
MOU 2023-2026
MEMORANDUM OF UNDERSTANDING
BETWEEN
PUBLIC EMPLOYEES UNION, LOCAL ONE
AND
CITY OF PLEASANT HILL
ARTICLE I
UNION RECOGNITION
Union Recognition and Deduction of Union Dues
Pursuant to Government Code Section 3500 et seq and City Resolution No. 2- 15, the City hereby recognizes Public Employees Union, Local One (“Union”) as the bargaining representative for purposes of representing City employees in Unit “C” with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this Agreement. To the extent permitted by law, the City shall deduct dues from City employees and remit said dues to the Union on a monthly basis for the duration of this agreement, which dues shall not include assessments.
Monthly dues deductions, additions and/or deletions shall be recorded by the City’s Finance Officer and a notification of all dues transactions shall be immediately sent to the Union Business Office.
Hold Harmless
The Union shall hold the City harmless from any and all claims, and will indemnify the City against any unusual costs in implementing these provisions.
Maintenance of Membership Clause
If employees, who are not presently members of the Union as of the effective date of this Agreement, decide to join the Union, they shall, to the extent permitted by law, be required to submit proper documentation to the Union for dues deduction, and said membership shall be established for the duration of the Agreement. Employees who are current members of the Union shall, to the extent permitted by law, be required to remain members for the duration of this Agreement.
However, within thirty (30) calendar days prior to the expiration of the Agreement, all employees within the bargaining unit may have the opportunity to request to withdraw from the Union.
Discrimination Prohibited
City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, age, or handicap. City
9.9.b
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MOU 2023-2026
agrees that no employee shall be discriminated against because of Union membership or residency.
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE DUTIES The Union shall designate employee representatives, in writing, at the beginning of the term of this Agreement for purposes of meeting with Management on terms and conditions of this Agreement or representing employees during the process of handling a grievance.
There shall be no more than two steward-representatives for the employees in Bargaining Unit “C”. Reasonable time off shall be allowed to meet with Management, limited to one representative and a Union staff member, to discuss matters of grievance and/or provisions of this Agreement.
Upon written request from the Union, Management may grant unpaid release time to each of two (2) Union steward-representatives for the purpose of attending Union training and conferences. At least sixteen (16) hours per year per steward will be available and shall only be granted with prior approval of the supervisor. Stewards must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Upon written request from the Union, Management may grant unpaid release time to one (1) additional Union member for the purpose of attending Union training and conferences. At least sixteen (16) hours per year will be available and shall only be granted with prior approval of the supervisor. The Union member must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Regular Union business meetings shall not be held on City time and City equipment and supplies are not to be used for Union business. The City’s word processor and duplication machine may be used by employee representatives of Local One upon request to the City Manager’s Office. All use shall be on a case-by-case basis approved by the Manager and costs for which shall be normal and customary as that paid by any member of the general public. This privilege may be revoked at any time as deemed necessary and appropriate by the City Manager. City premises can be used for Union activities, if scheduled in advance and before or after the normal work day or during the regularly scheduled lunch break.
When an employee representative is meeting with Management in a meet and confer process or representing employees as provided in the grievance procedure of this Agreement, and when he/she has complied with the specific provisions of this Article, the employee representative shall notify his/her immediate supervisor when he/she is leaving, how much time is to be taken and when he/she expects to return.
This notice shall be given at least 48 hours in advance of the meet and confer process,
9.9.b
Packet Pg. 126 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 3
MOU 2023-2026
grievance proceeding, or any other representative activity in which the employee representative is engaged. Failure to comply with the provisions of this Article may constitute a grievance against the Union representatives.
Any Union representative shall give notice to the Department Head or their designated representative, when entering departmental facilities, and must make a verbal request of Management to speak to employees and/or employee representatives during the employees’ normal working hours. The representative shall be allowed reasonable contact with workers on City facilities provided such contact does not interfere with the employees’ work. Solicitation for membership or other internal employee organization business shall not be conducted during working time.
ARTICLE III
GRIEVANCE PROCEDURES
Purpose of Grievance Procedures
1) To promote improved employer-employee relations by establishing grievance procedures on matters, stipulated below.
2) To provide that grievances shall be heard and settled as informally as possible. 3) To enable grievances to be settled as promptly and as nearly as possible to the point of origin.
4) To afford employees individually, or through a business representative, a systematic means of obtaining considerations of questions and disputes.
Conduct of Grievance Procedure
1) An employee may request the assistance of another person of his/her own choosing in preparing and presenting a grievance at any level of review, or may be represented by the Union or may represent himself/herself. 2) The employee and his/her representative, if any, may use reasonable time (up to twelve (12) hours) in conferring about and presenting a grievance. 3) Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error, or management action.
4) The time limits specified may be extended to a definite date by mutual agreement of the employee and the management representative.
5) Employees shall be free from reprisal for using their grievance procedure.
9.9.b
Packet Pg. 127 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 4
MOU 2023-2026
Matters Subject to Grievance Procedure
Full time employees having probationary or permanent regular status may process a personal grievance.
Probationary employees may file grievances, but not as applied to their performance rating or dismissal.
Definition
A Grievance shall be defined as any dispute which involves the interpretation or application of this Agreement, scope of representation and such rules and regulations presently in force or as may from time-to-time be adopted by the City, and the discipline of employees including suspension, demotion, or dismissal.
The parties recognize that disputes should be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or the Union to bypass any initial steps if the case involves decision making at a higher administrative level.
Grievance Procedure
Step 1
The employee and/or his/her representative may present the grievance personally, in writing or orally, to the immediate superior within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have been aware of the occurrence.
Step 2
If the grievance is not resolved within ten (10) working days of the presentation under Step 1, the grievance may be submitted in writing to the Department Head or his/her designee. Such submittal to the Department Head shall be within ten (10) working days of the response by the immediate superior. The Department Head shall respond within ten (10) working days.
Step 3
If the grievance cannot be resolved under Step 2, the Union may, within ten (10) working days of the action of the Department Head, submit a written request for a meeting with the City Manager. If no request is received in ten (10) working days, the grievance procedure ends. Upon receipt of a written request, the City Manager shall schedule a meeting to discuss the grievance with the Union within ten (10) working days. The City Manager shall render a written decision to the Union within ten (10) working days.
9.9.b
Packet Pg. 128 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 5
MOU 2023-2026
Step 4
If the matter remains unresolved in Step 3 above, either party may, within ten (10) days of the determination, request arbitration of the dispute by written notice to the other party. If, after five (5) days following delivery of such notice to the other Party the parties have not selected an arbitrator by mutual agreement, either Party may request a list of the names of no less than five (5) impartial arbitrators furnished by the State Mediation and Conciliation Services (SMCS). A party receiving the list shall immediately notify the other party that the list was received and promptly forward a copy to the other party in the parties’ normal mode of document transmission between them (e.g., email, fax, etc.).
Not more than twenty-one (21) days following the first date by which both parties have received the list, the Parties shall alternately strike names from the list until only one name remains. The remaining name shall be the arbitrator. The order of striking shall be determined by coin flip. Either party shall notify the arbitrator in writing or his or her appointment, providing contact information for the representatives of both sides, with a copy of such notice simultaneously sent to the other party.
Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the procedure except arbitration. The presence of an individual in the arbitration hearing room when not testifying shall be subject to regulation by the arbitrator. Further, the arbitrator may completely exclude a witness from the proceeding for safety reasons or due to other extraordinary circumstances. In the case of employees, they shall be compensated at their regular rate of pay for the actual time spent in such meeting.
The time between the steps of the procedure, or within the arbitration step, may be extended by mutual agreement. Failure by the employee or Union to follow the time limits, unless extended by mutual agreement, shall cause the grievance to be considered withdrawn. If the City does not respond to the grievance at Step 1, 2 or 3, the Union or employee may advance the grievance to the next step of the procedure within ten (10) days after the deadline for the City’s response.
The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator’s fees shall be shared equally by the City and the Union.
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES
Layoff Procedure
In the event of a layoff, employees affected by the layoff shall receive sixty (60) days written notice. Subsequent to such notice, an employee may be provided four (4)
9.9.b
Packet Pg. 129 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 6
MOU 2023-2026
weeks’ severance pay in lieu of working until the end of the sixty day notice period if the City wishes the layoff to be effective prior to the expiration of the sixty day notice period.
Reductions in force may only take place due to lack of work, lack of funds, reorganization or the return of an employee from leave of absence. Reductions in force shall be implemented on the basis of seniority. An employee subject to layoff can “bump” a less senior employee in the same classification within the same department or a less senior employee in a classification in which he/she has formerly worked provided the jobs are substantially similar.
Training Opportunities
When the City has given notice to an employee that he/she is being laid off, the City will take reasonable steps to provide a basic training and/or orientation process which would provide the employee with the knowledge and/or skills which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities.
On-The-Job Training
The Personnel Officer is designated as Training Officer of the City and will maintain an active training program for all employees.
Reinstatement After Layoff
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of twelve (12) months. An employee so reinstated retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.
Reinstatement according to this provision, shall be done using the method of seniority, in that the last employee in a class laid off will be the first employee to be reinstated in the class, unless there is a legal question as to their reinstatement whereupon an investigation shall be conducted to determine the facts and present a decision.
Said investigation shall be conducted within a ten (10) working day period unless delayed by legal complications uncontrolled by the City. The position to which reinstatement is being considered shall be held open until a final determination is made as to the disposition of said investigation; however, said period shall not exceed one (1) full calendar month. If the employee is eligible to be replaced on the reinstatement list, they shall be replaced without loss of status on said list.
9.9.b
Packet Pg. 130 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 7
MOU 2023-2026
ARTICLE V
HOLIDAYS AND VACATIONS
Holidays:
January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Jr. Birthday) February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
June 19 Juneteenth
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
December 24
December 25
Each day proclaimed by the President or
Governor and Mayor of this City as a
public holiday.
Holidays shall no longer be calculated as 7.5 hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Holidays falling on a Saturday or a Sunday shall be observed on the immediately following Monday. Where two holidays fall on the same weekend – e.g., Christmas Eve and Christmas – they shall be observed on the immediately following Monday and Tuesday, respectively.
The City and Union acknowledge that any proposed changes, additions or deletions to the above agreed-upon holidays are subject to the meet and confer requirements set forth in California Government Code Sections 3500 et seq. (the Meyers-Milias-Brown Act).
Religious Observance
A City employee who wishes time off to observe holidays particular to their race, national origin, culture, or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.
Vacation Leave
Full vacation leave according to the following schedule is earned by:
Full time paid status.
Eligible employees on sick or vacation leave with pay.
9.9.b
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MOU 2023-2026
Eligible employees on Jury leave.
1. Employees hired as of August 31, 2011 shall accrue vacation as follows:
Years of Service Vacation Days Per Year
1 12
2 12
3 12
4 15
5 15
6 15
7 16
8 16
9 16
10 18
11 18
12 18
13 18
14 18
15 21
20 23
2. Employees hired on or after September 1, 2011 shall accrue vacation as follows:
Years of Service Vacation Days Per Year
1 10
2 10
3 10
4 10
5 11
6 11
7 11
8 11
9 11
10 12
11 12
12 12
13 12
14 12
15 13
20 14
21 14
22 14
23 14
24 14
9.9.b
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MOU 2023-2026
25 15
3. Notwithstanding the immediately preceding paragraph, the City shall place employees hired on or after September 1, 2011 on the accrual schedule set forth above for employees hired prior to that date. [Example: An employee hired on or after September 1, 2011 with four years of service will accrue vacation at fifteen rather than eleven days per year in their fifth year of service.]
At no time may an employee’s accumulated vacation balance exceed forty (40) working days. If the employee reaches that maximum, he or she shall cease earning vacation until he or she uses vacation so that his or her balance falls below the maximum. An exception to this maximum accumulation ceiling may be granted on a temporary basis by the City Manager.
Personal Leave
During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and approval. This day must be taken as time off, and cannot be taken as pay. In addition, this annual personal leave day does not carry over or accumulate from year to year; rather, if not taken during the calendar year, it expires.
Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.
For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.
By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.
Guidelines for Approval
Supervisors will establish a vacation schedule at the beginning of each calendar year. Adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems; said changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one (1) day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day
9.9.b
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may be approved, based upon circumstances which may be in the best interest of employees and the City.
Vacation Buy Back
Upon written request by the employee, the City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37-1/2 consecutive hours of vacation leave during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37-1/2 hours. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction.
The written request for the vacation buy back must be submitted to the Personnel Officer by the twenty-fifth (25th) day of the month preceding the date on which the employee is requesting the payoff.
Only hours which were accumulated prior to the last day of the month preceding the date of the request are eligible for the vacation buy back. Vacation buy back shall be limited to once per fiscal year.
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE
The sick leave and other leaves of absence provisions of the City’s current Personnel Rules and Regulations shall apply to employees in Bargaining Unit “C”.
Payment for Accumulated Sick Leave
1. Employees hired as of August 31, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment or additional vacation for thirtythree and one third percent (33 1/3%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, not less than thirty (30) days of unused sick leave.
The rate of pay for this purpose is the rate of pay as of November 30. The amount of time for which an employee is paid is deducted from the employee’s total accumulation.
An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
2. Employees hired on or after September 1, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment to his/her 457 deferred compensation plan for fifteen percent (15%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, not less than thirty (30) days of unused sick leave.
The rate of pay for this purpose is the rate of pay as of November 30. The amount of
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time for which an employee receives payment is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
3. If an employee is terminated after five (5) years’ service because of voluntary resignation, death, or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.
4. If an employee retires from the City with between five (5) years and twenty (20) years of service, up to twenty-five (25) days of unused sick leave will be paid upon separation and the balance will be reported to PERS for purposes of calculating PERS retirement service credit pursuant to PERS regulations.
5. See Article XVIII regarding the ICMA Retirement Health Savings Plan benefit for those employees who retire with twenty (20) or more years of service.
Leave Donation
The Parties agree to form a committee consisting of two City participants each for the Union and for the City, respectively. Committee meetings will begin within fortyfive (45) calendar days of adoption in order to develop a Leave Donation program for the bargaining unit for consideration and approval by the City Council along the following conceptual idea:
“A bargaining unit employee may donate compensatory leave, sick leave, or vacation leave with unlimited frequency and in any amount, inclusive of any combination of these leaves, to a leave donation bank for use by other bargaining unit employees who are ill or injured and have exhausted their paid leave time. Said leave from the leave donation bank may also be utilized by an employee in the event an immediate family member is ill or injured, to include parents, children, brothers and sisters.”
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS
Call Back
When full-time or permanent part-time employees, within the Unit, are called back to duty after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their day off, all hours worked during such Call Back assignment shall be paid at the rate of one and one-half (1-1/2) times the employee’s normal hourly rate. A minimum of three (3) hours pay at the one and onehalf (1-1/2) rate prior to or after the normal work shift is guaranteed the employee. A minimum of four (4) hours pay at the one and one-half (1-1/2) rate will be guaranteed
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the employee for Call Back to work between the hours of 10:00 p.m. and 6:00 a.m. The time of the call to the employee shall be the determinant of the Call Back minimum.
Call Back Rest Period
In the event that call back work immediately preceding a regular work shift concludes after 10:00 p.m., employees will be provided leave at straight pay during the beginning of their immediately following regular work shift. Paid leave time shall be provided at the rate of one-hour for each hour worked past 10:00 p.m. For example: if on-call work concludes at 12:00 a.m., the employee would be provided two-hours of paid leave at the start of their immediately following regular work shift, i.e., the employee would report to work two-hours later than their usual start time with no loss in pay for those two-hours.
Stand-By Time
Public Works Field Employees:
For all full-time employees within the unit, stand-by time shall be compensated at $18.00 flat rate of pay or ½ hour of compensatory time for each sixteen (16) hours of week day stand-by time; $29.00 flat rate of pay or ¾ hour of compensatory time for each twenty-four (24) hours of weekend or holiday stand-by time. The decision whether to be compensated in cash or in compensatory time shall be made by the employee.
Stand-by time for weekends will be reduced to $18.00 or ½ hour of compensatory time if the assigned employee is called back to work four (4) hours or more within the twenty-four (24) hour period.
Compensatory Time
An employee may accumulate up to eighty (80) hours of compensatory time worked at the rate of one and one-half (1-1/2) times which may be taken off as scheduled and approved by their supervisor. This computation is in accordance with the Fair Labor Standards Act.
All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.
Compensatory Time Buy Back
Once per calendar year, the City will agree to buy back an employee’s accrued compensatory time up to 80-hours each year. Hours eligible for this buy back provision must be accumulated prior to the current pay period. Requests for "buy back" must be submitted prior to the payroll period in which the "buy back" payment is sought.
ARTICLE VIII
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WORK SCHEDULES
Work Week
Maintenance employees work an average thirty-seven and one-half (37-1/2) hour work week with no reduction in monthly pay based on four (4) days of eight and one-half (8-1/2) hours, Monday through Thursday; three and one-half (3-1/2) hours on Friday.
Building Inspectors and Construction Inspectors work 37.5 hours a week, and schedules are set by mutual agreement with supervisor.
There shall be no change in the regular work schedules solely to avoid the payment of overtime or compensatory time unless mutually agreed by the employee and supervisor.
No formal coffee breaks will be allowed to any member of Bargaining Unit “C”.
Overtime
The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal work day or work week schedule. (Normal is considered as those schedules shown above.) The following provisions shall apply.
Work day – Overtime shall apply if time worked is one-tenth (1/10th) of an hour above or before the normal starting or ending time of the employee work day.
Work week – Overtime shall apply if time worked is on the sixth (6th) day of the employee’s normal work week schedule.
Double time and One-Half Provision – Overtime shall be paid at the rate of two and one half (2-1/2) times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.
Overtime Scheduling
There will be two types of overtime: emergency overtime and scheduled overtime. The City will make the effort to dispense overtime equally whenever possible; however, the City retains the right to determine who will be called to respond to emergencies based on the nature of the emergency.
Scheduled overtime and standby time will be dispensed from a rotating list of eligible and qualified employees. The list will be updated and posted on the posting board. The employee at the top of the list will be called first. Once he or she completes the overtime assignment (or the next person [s] complete the overtime assignment, if the first person is not available for scheduled overtime), that person’s name will be
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moved to the bottom of the list. If an employee for the assignment is not available, mandatory scheduled overtime will be initiated using the least senior, qualified person.
Clean Up Time
Whenever it is essential for employees occupying labor, trades, or craft positions to clean up and/or change clothes before being presentable upon leaving work, said employee shall be allowed ten (10) minutes of City time to clean up or change clothes.
This provision does not apply to overtime work nor is the time considered a guaranteed ten (10) minutes each and every work day.
Meal Periods
Meal periods are scheduled during the employee’s work day to coincide with the employee’s work hours. A meal period is not less than thirty (30) minutes or more than one (1) hour. Meal periods will be based on work schedules and the City’s operational needs at each particular work site.
Meal Cost Reimbursements
Employees shall be reimbursed in certain instances for meal costs. The requirements for meal cost reimbursement and the procedure for obtaining such reimbursement are set forth in departmental rules and regulations.
Compensatory Time Off
For purposes of computation of compensatory time off, sick leave and vacation leave, the regular work day shall be deemed to be seven and one-half (7-1/2) hours.
Varying Hours
Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests have been handled on a case-by-case basis between supervisor and the employee, with the final decision being made by the supervisor. The City will continue this practice keeping in mind that the supervisor must be concerned about the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES
Applicable Pay Rates Following Promotion
When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of
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promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step upon promotion if their experience, longevity and value to the City would merit such an increase.
Applicable Pay Rates Following Demotion
In the case of a demotion to the position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step they held in the highest position. Placement within the rate shall be determined by the City Manager. An employee shall retain their previous anniversary date.
Applicable Pay Rates Following Transfer
Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date.
Applicable Pay Rates Following Salary Range Increases and Decreases Where a pay rate is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.
Pay Status
Pay status can be defined as the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.
Premium Pay for Employees in “Acting Capacity”
An employee who is temporarily assigned duties outside his/her assigned job classification for more than four (4) consecutive working days shall, upon City Manager approval, be paid a five percent (5%) differential based upon the employee’s regular rate of pay, which differential shall be made retroactive to the first (1st) day the employee began performing said duties. Employees who are temporarily assigned duties outside their assigned job classifications for four (4) or fewer consecutive working days shall not be paid any differential.
Applicable Pay Rates Upon New Employee Appointment to City Service When appointed, a new employee will generally begin at Step A. However, from time-to-time the City Manager may appoint a new employee at a higher step.
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ARTICLE X
LONGEVITY PAY PLAN
1. Employees hired as of August 31, 2011 are eligible for the following longevity benefit if they qualify as of August 31, 2015:
Employees fifty-five (55) years of age with ten (10) full years of City service shall be given a five percent (5%) benefit computed on their normal monthly base salary.
Employees sixty (60) years of age with fifteen (15) full continuous years of City service shall be given an additional five percent (5%) benefit computed on their normal monthly base salary.
2. Employees receiving the following pre-retirement benefit as of August 31, 2011 will be entitled to continue receiving the benefit for a consecutive 12-month period of time as long as retirement takes place at the end of the 12-month period. All other employees are not entitled to this benefit. Twenty (20) year employees regardless of age, upon presenting to the Personnel Officer, the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) benefit computed on their normal monthly base salary. This seven percent (7%) shall be effective twelve (12) calendar months before the declaring employee’s last date of employment.
Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the Public Employees Retirement System and provided for in the City’s contract with P.E.R.S.
3. Employees hired on or after September 1, 2011 are not entitled to any of the longevity or pre-retirement benefits described in this Article.
ARTICLE XI
BENEFIT PLAN
The City agrees to provide medical, dental, orthodontia, life and disability benefits plans through the term of this Memorandum of Understanding and the City will contribute premiums for such plans in accordance with the following formula:
Medical
The City will strive to provide insurance coverage by two HMO carriers.
Members Hired on or After September 1, 2011
For Local One bargaining unit members hired on or after September 1, 2011, the City will pay seventy-five percent (75%) of the Kaiser premium at each level of participation regardless of the carrier with which the employee is enrolled. The employee will pay the remainder by payroll deduction.
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Members Hired as of August 31, 2011
Members of Local One hired as of August 31, 2011 and who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:
Effective September 1, 2020, each member shall contribute 20% of the medical premium for either Kaiser or Blue Shield (if applicable) at each level of participation with the maximum monthly employee contribution capped as follows:
Kaiser Blue Shield
Employee $184.26 $268.03
Employee + 1 $368.53 $552.79
Family $515.94 $773.91
Effective with Plan Year 2024, the two-tier contribution model and employee contribution cap will be eliminated; and each member shall hence forth contribute 20% of the medical premium for the medical plan enrolled in, either Kaiser or Blue Shield (if applicable), at each level of participation.
The City shall deduct said contributions from the members’ pay each month on a pretax basis to the extent permitted by law.
Medical In-Lieu
Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to receive four hundred dollars ($400.00) per month if eligible for employee only level of coverage, $500.00 per month if eligible for employee +1 level of coverage, or $600 per month if eligible for employee +family level of coverage, in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account. Employees receiving in lieu payment shall not be required to make the premium contributions described above.
Dental/Orthodontia
Employees in Bargaining Unit C may select dental coverage (up to full family coverage) from either of the following dental plans currently provided by the City: (1) $1500 dental only; or (2) $1,000 dental benefit and $1500 orthodontia lifetime maximum.
Vision Plan
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The city agrees to provide employees in Bargaining Unit “C” and their dependents with a vision insurance plan that will allow one examination and one pair of eye glasses or one pair of contact lenses on an annual basis.
Life Insurance
The City shall pay the total cost of life insurance in the amount of $50,000.
Additionally, the City will provide employees the option to increase such coverage provided that the cost of such increase shall be borne by the employee. However, the City reserves the right to change carriers if premiums become excessive.
Disability Insurance
City agrees to continue to pay total cost of Disability Insurance Plan, sixty-six and two-thirds percent (66-2/3%) of salary plan, for length of Agreement. However, City reserves the right to change carriers if premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability.
ARTICLE XII
EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:
a. The course, courses or training programs taken must be pre-approved by the Department Head, considered relevant to providing service to the public or to the employee’s job or part of a degree or certification program which has application to City service.
b. During the period such courses or training programs are taken, the employee will receive monthly compensation equal to $18.00 multiplied by the number of credit units taken up to a maximum of nine (9) units during any semester of study. In addition, the City will agree to reimburse the employee for tuition, books, training materials or required tools up to a maximum of $450 per semester and $1,400 per calendar year.
c. For purposes of this Article, reimbursement for a certification training program shall be limited to the cost of the training program and of any books, training materials and tools the employee is required to purchase in connection with the certification training program. There shall be no $18.00 per month per credit unit payment to employees for certification training programs, unless the training program is given in an accredited school and the employee has to pay tuition to the school.
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d. To be reimbursed for tuition, books, and required tools, the employee must provide proof satisfactory to the city that the employee is actually enrolled in the course or training program, and that the books, training materials and/or tools are in fact required for the course or training program being taken. Such proof includes, but is not limited to, receipts, course syllabuses, written requirements, and/or written confirmation from the instructor. e. Employees receiving this temporary educational incentive shall keep their Department Head informed of their enrollment status and shall be required to submit verification that they successfully completed the course or training program. Successful completion of a school course means completing the course with a grade of “C” or better.
ARTICLE XIII
PERFORMANCE EVALUATION
Annual Review
The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year no later than fifteen (15) days following the employee’s anniversary date. Where a performance evaluation is late without reasonable justification, the employee may choose to file a grievance. Grievances for late performance evaluations shall commence at the second step before the department head.
All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being place in the employee’s personnel file.
If the employee receives an evaluation of “below standard” on six of the twelve categories, his or her salary may be reduced up to 7% for a one year period upon recommendation of the Department Head and approval of the City Manager.
No employee shall receive a “below standard” overall evaluation without first receiving a direct oral or written warning of the need for improvement. Upon written request, an employee shall receive a second evaluation within ninety (90) days after an unfavorable evaluation.
If the employee receives an evaluation of “superior performance” on six of the twelve categories, his or her salary may be moved two (2) steps above their current step upon the recommendation of the Department Head and approval of the City Manager.
Bonus Plan
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Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus: (1) The employee must be at the top of his/her salary range; and (2) the employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation. Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.
Where an employee meets these threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s department head must approve the recommendation. If the department head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which shall not exceed a maximum of 7% of the employee’s base salary for that evaluation year.
If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.
The bonus does not become a part of the employee’s salary. After payment, the employee receives no further payment under his/her bonus award for that evaluation year. Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.
ARTICLE XIV
SALARY ADMINISTRATION
1. Base Wage Rates
Base wage rates are reflected in Appendix A, which is attached hereto and by this reference is incorporated into this Memorandum of Understanding. Wage increases during the term of this Memorandum of Understanding shall be as follows as reflected in Appendix A: Effective September 1, 20222023, 3.0%3.25% of base wage rates in effect August 31, 20222023. Effective September 1, 2024, 3.25% of base wage rates in effect. Effective September 1, 2025, 3.5% of base wage rates in effect.
Effective September 1, 2024, the salary ranges for all classifications will add one step (“Step G”) that shall be 2.5% above Step F. Eligible employees who meet the City’s merit increase requirement as of September 1, 2024, for advancement will be placed into Step G. All others will move into Step G through the normal progression after eligibility pursuant to the City’s procedure for merit increase advancement through the salary ranges.
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2. Pesticides Certificate
Each employee who holds a certificate from the State in Pesticide Spray Operation will earn a two percent (2%) salary differential.
The City shall provide employees paid release time to attend classes to fulfill the requirements for certification. The City shall reimburse employees for the cost of such classes. The City will advance one-half of the cost for taking the test directly to the pesticide certification testing provider with the remaining half of the fee to be reimbursed to the employee upon certification and submission of the appropriate paperwork, onetime only. Subject to the fee for testing procedure noted, the City shall reimburse employees for the cost of obtaining certification and/or renewal.
3. Fleet Services Coordinator “Backup”
An employee who is assigned and performs vehicle and/or non-routine equipment repair shall be entitled to a 5% salary differential in addition to his/her base salary. Such assignment shall be for a period not less than eighteen (18) months and not more than twenty-four (24) months. To be eligible for this assignment, the employee must take the written exam and receive a passing score of at least seventy percent (70%). This differential shall be authorized by the Maintenance Superintendent through a Personnel Action Form. The 5% will be paid on all hours worked and not just when performing vehicle and non-routine equipment repair.
4. COVID Pandemic Relief Payment
The City will pay a one-time, non-pensionable, lump sum payment of three thousand five hundred dollars ($3,500) to each bargaining unit member actively employed by the City: 1) at the start and 2) end of the second full pay period following Council adoption, and 3) at time of payment. Said one-time payment is to be paid on the regular payroll and subject to all applicable withholding.
ARTICLE XV
NO STRIKE OR LOCKOUTS
No lockout of employees represented by the Union shall be instituted by the City during the term of this Agreement. The Union agrees that during the term of this Agreement, neither Union Staff nor City Employees shall engage in or support strikes by not crossing another Union picket line, work stoppages, slow downs, boycotts, or other direct or indirect work actions against the City. Any employee participating in these prohibited activities may be disciplined by the City.
ARTICLE XVI
FULL AGREEMENT
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This Memorandum of Understanding (“MOU”) represents a complete and final understanding on all negotiable issues between the City and the Union. This agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Union except as specifically referred to in this MOU. The parties, for the term of this MOU voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this MOU was negotiated and signed. If during the term of this MOU the City desires to alter the status quo (as defined under the Myers, Milias, Brown Act) on any subject within the scope of representation but not covered by this MOU the City shall notify the Union in writing in advance and afford it the right to meet and confer over the proposed change upon timely request to the City.
ARTICLE XVII
SAVINGS CLAUSE
If any provision of this Agreement is held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision is enjoined by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) work day period. If no agreement has been reached, the parties agree to invoke the provision of impasse under City Resolution No. 2-15.
ARTICLE XVIII
RETIREMENT
Retirement Benefits
The City will continue to provide retirement benefits to existing Local One members employed as of August 31, 2011 under the City’s present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”), including but not limited to 2%@55 retirement benefits for Local One miscellaneous employees; single highest year; and payment of the employer’s required contribution. Effective April 16, 2012, the pension formula was reduced to 2%@60 for new members employed on or after that date and final compensation for those new employees will be based on a three-year average. All employees hired on or after January 1, 2013 who are “new members” as determined by CalPERS will participate in the City’s Public Employees’ Pension Reform Act (PEPRA) Miscellaneous Employees Retirement Plan (2%@62).
Employees will pay the full seven percent (7%) PERS employee member contribution and there will be no Employer Paid Member Contribution; provided, that employees who are subject to the PEPRA pension tier shall pay one-half (1/2) of the normal cost contribution for that plan, subject to the terms of the PEPRA.
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Sick Leave Conversion Upon Retirement
For employees employed as of August 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) shall be established (at no cost to the City) for employees who have worked with the City for twenty (20) or more years, regardless of age, who elect to take a service retirement. The RHS Plan will permit the payment of post-retirement healthcare costs with contributions as follows:
Twenty-five (25) days of accrued, unused sick leave will be paid to the employee at one hundred percent (100%) of the last day worked salary and any remaining accrued, unused sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the Local One adoption agreement.
For employees hired on or after September 1, 2011: No sick leave conversion will be allowed upon retirement.
Retiree Health Savings Accounts
The City shall establish Retiree Health Savings Plan accounts for all bargaining unit members who do not have such an account. (This does not, however, extend sick leave conversion to such employees.) Into each Retiree Health Savings Account, regardless of employee hire date, the City shall contribute seventy-five dollars ($75) per month. effective September 1, 2023, the City shall contribute one hundred dollars ($100) per month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.
Reversion of Residual Funds
In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.
ARTICLE XIX
DEFERRED COMPENSATION
Each employee shall have the option of making monthly contributions to the City’s Deferred Compensation Plan. Employees may elect to defer up to the maximum allowed by law to the City’s 457 Deferred Compensation Plan.
IRS 125 Plan
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All benefits covered under the City’s IRS 125 Plan may be paid on a pre-tax basis. Examples include dependent care, out-of-pocket medical expenses and specified insurance premiums.
401 (a) Money Purchase Plan
Effective September 1, 2012, the City will no longer make a monetary contribution to each employee’s 401(a) Money Purchase Plan. Employees may continue to make voluntary after-tax contributions.
ARTICLE XX
JOB ANNOUNCEMENTS
City will designate official bulletin boards and post by memorandum or formal job announcement all examination processes for a period of at least five (5) days in advance. Space for Union notices shall be provided on these bulletin boards.
ARTICLE XXI
MISCELLANEOUS
Protective Apparel Allowance
The City shall allot a protective apparel allowance of up to four hundred dollars ($400) per year to each employee in Bargaining Unit “C”. This allowance is to be used for the purchase or repair of protective boots, shoes, hats, or any other protective apparel the employee would be required to wear while on the job that is not already supplied.
Procedure for reimbursement: The employee shall bring the protective apparel and purchase receipt to management for approval. Guidelines for approval shall be set forth in departmental rules and regulations.
Uniform Allowance
Each employee in Bargaining Unit “C” is entitled, beginning on July 1, 2012, to a uniform allowance of $20 per month, paid on the pay period ending on the 15th of each month. This allowance is to be used for the purchase, rental and/or maintenance of required clothing. This allowance will be reported to CalPERS as a separate “special compensation” line item. Effective January 1, 2013, the uniform allowance will not be included as “pensionable compensation” for employees classified as “new” members under the California Public Employees’ Pension Reform Act of 2013.
Temporary and Part-Time Employees
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This Agreement does not apply to Temporary Employees or Part-Time Employees.
Conversion of Permanent Positions to Part-Time
If any positions currently in Bargaining Unit “C” are converted to Part-time permanent, all such positions shall continue to be covered by this M.O.U.
Required Class II (B) Driver’s License
Employees who are required to obtain and/or renew a Class II (B) driver’s license shall be permitted to obtain and renew such license on work time provided that arrangements are made in advance with the supervisor. Additionally, the City shall pay the cost of any medical examinations and any licensing fees to the extent these costs or fees exceed the costs or fees of obtaining a regular (Class C) driver’s license.
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C”
The City recognizes the Union as the sole and exclusive representative for the General Employee Bargaining Unit “C” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:
Fleet Services Coordinator, Maintenance Worker I,
Maintenance Worker II, Senior Maintenance Worker, Building Inspector, Construction Inspector, Building Trades Worker I and Building Trades Worker II.
The current salary ranges for the classifications within Unit “C” are listed on Exhibit A.
ARTICLE XXIII
PROMOTION SELECTION PROCESS
The City will take all reasonable steps to avoid the use of City employees as oral board raters when a promotional selection process is administered. This action shall not restrict the City from use of City employee oral board members if circumstances prevail necessitating such use as deemed appropriate by City management. Also, the intent of this article shall not restrict City management from using City employees in an administrative capacity in any or all parts of a Selection Process.
This article does not relate to the final interviews conducted by City management prior to actual promotion offers made by Management on behalf of the City of Pleasant Hill.
Positions will be posted internally for a minimum of two weeks. If there are fewer than three (3) internal applicants, City may then post externally.
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Among the qualified applicants for the position, length of City service, merit and ability will be factors in the employee’s behalf in making the appointment.
ARTICLE XXIV
EMPLOYEE RIGHTS
Employees shall have the right to Union representation upon request at disciplinary or investigatory meetings. Records of discipline shall be removed from an employee’s file in accordance with the following schedule, provided there has been no recurrence within the stated time:
Written reprimands – two (2) years. Suspensions of one day – three (3) years.
More serious discipline – no scheduled removal.
The Probation Period for new employees shall be twelve (12) months as calculated in Personnel Rules and Regulations. In the case of new employee’s starting at “A” step, however, the employee shall receive a step increase to “B” step after six (6) months,
provided the employee’s performance is rated no lower than “meets standard” in all categories; the employee’s probation shall continue for the remainder of the twelve (12) month probationary period regardless of whether the employee’s salary is increased from Step “A” to Step “B”.
The Probation Period shall be six (6) months for current employees who have already completed an initial probation in another City of Pleasant Hill position.
ARTICLE XXV
CITY RIGHTS CLAUSE
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services subject to the provisions of this understanding and applicable law.
It is agreed that during the term hereof the City shall not be required to meet and confer on matters which are solely a function of management, including the right to:
▪ Determine and modify the organization of City government and its constituent work units.
▪ Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
▪ Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
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▪ Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
▪ Direct employees, including scheduling and assigning work, work hours, and overtime.
▪ Establish employee performance standards and to require compliance therewith.
▪ Impose discipline subject to requirements of applicable law. ▪ Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
▪ Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this Article shall not be subject to the grievance procedure except as provided elsewhere in the MOU. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of rights enumerated herein to the extent that they are within the scope of representation and subject to meet and confer under Meyers-Milias-Brown Act.
ARTICLE XXVI
TERM OF AGREEMENT
This Agreement shall take effect as of September 1, 2022 2023 upon adoption by the City Council following ratification and signing by the Union, and shall continue in full force through midnight, August 31, 20232026.
AS WITNESSED HERETO by the following parties this day of , 20222023:
For the City of Pleasant Hill: For Public Employees Union, Local 1:
Ethan Bindernagel Jason Williamson
City Manager President
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Ericka Mitchell Vince Scudero
Chief Human Resources Officer Union Bargaining Team Member City Bargaining Team Member
NEGOTIATED: NEGOTIATED:
Gregory Ramirez Jeff Apkarian
Chief Negotiator Chief Negotiator
Industrial Employers and Business Representative
Distributors Association Public Employees Union
Local One
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-PEU Local One Page 29
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ExhibitA
RANGE A B C D E F POSITION
50 4608 4978 5159 5419 5681 5976
55 4724 5037 5285 5552 5826 6121
60 4855 5159 5419 5681 5976 6269 MAINTENANCE WORKER I
65 4963 5276 5542 5819 6115 6411
70 5082 5417 5685 5971 6268 6579
75 5206 5541 5819 6115 6411 6731 BUILDING TRADES WORKER I 80 5443 5786 6076 6381 6702 7039 MAINTENANCE WORKER II
85 5467 5819 6115 6411 6731 7067
90 5618 5969 6264 6579 6907 7254
95 5681 6115 6411 6731 7069 7419
100 5960 6324 6645 6974 7328 7690
105 6021 6411 6731 7065 7455 7788
110 6313 6702 7038 7391 7756 8147
115 6326 6731 7067 7419 7792 8181
120 6494 6907 7252 7614 7998 8399 BUILDING TRADES WORKER II 125 6644 7067 7419 7792 8181 8585
130 6813 7252 7613 7998 8755 8820
135 7089 7569 7944 8350 8762 9200 FLEET SERVICES COORDINATOR 140 7166 7613 7998 8400 8820 9253
142 7203 7688 8069 8473 8900 9347 BLDG./CONSTRUCTION INSPECTOR 145 7307 7792 8176 8585 9021 9468
150 7461 7944 8348 8762 9200 9667
155 7686 8176 8585 9021 9468 9940
160 7888 8398 8820 9254 9724 10206
165 8154 8762 9200 9667 10144 10645 SENIOR MAINTENANCE WORKER 170 8279 8820 9254 9724 10570 10713
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2023 3.25%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
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RANGE A B C D E F G POSITION
50 4758 5140 5327 5596 6056 6170 6324
55 4877 5200 5457 5733 6015 6320 6478
60 5013 5327 5596 5866 6170 6473 6635 MAINTENANCE WORKER I 65 5125 5447 5722 6008 6314 6619 6784
70 5248 5593 5870 6165 6472 6792 6962
75 5375 5721 6008 6314 6619 6949 7123 BUILDING TRADES WORKER I 80 5620 5974 6273 6588 6920 7268 7450 MAINTENANCE WORKER II 85 5645 6008 6314 6619 6949 7296 7478
90 5801 6163 6467 6792 7132 7490 7677
95 5866 6314 6619 6949 7299 7660 7852
100 6153 6530 6861 7201 7567 7940 8139
105 6217 6619 6949 7294 7697 8041 8242
110 6518 6920 7267 7631 8008 8412 8622
115 6531 6949 7296 7660 8045 8447 8658
120 6705 7132 7488 7862 8258 8672 8889 BUILDING TRADES WORKER II 125 6859 7296 7660 8045 8447 8864 9086
130 7034 7488 7861 8258 9039 9107 9399
135 7320 7815 8202 8622 9047 9499 9736 FLEET SERVICES COORDINATOR 140 7399 7861 8258 8673 9107 9554 9793
142 7437 7938 8331 8748 9189 9651 9892 BLDG./CONSTRUCTION INSPECTOR 145 7545 8045 8442 8864 9315 9776 10020
150 7704 8202 8620 9047 9499 9981 10231
155 7936 8442 8864 9315 9776 10263 10520
160 8144 8671 9107 9555 10040 10538 10801
165 8419 9047 9499 9981 10474 10991 11266 SENIOR MAINTENANCE WORKER 170 8548 9107 9555 10040 10913 11062 11339
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2024 3.25%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
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RANGE A B C D E F G POSITION
50 4924 5320 5513 5791 6268 6386 6546
55 5048 5382 5648 5934 6226 6542 6705
60 5188 5513 5791 6071 6386 6699 6867 MAINTENANCE WORKER I 65 5304 5638 5922 6219 6535 6851 7022
70 5431 5789 6076 6381 6698 7030 7205
75 5563 5921 6219 6535 6851 7193 7372 BUILDING TRADES WORKER I 80 5816 6184 6493 6819 7162 7522 7710 MAINTENANCE WORKER II 85 5843 6219 6535 6851 7193 7552 7740
90 6004 6379 6694 7030 7381 7752 7946
95 6071 6535 6851 7193 7554 7928 8126
100 6369 6759 7101 7453 7831 8218 8423
105 6435 6851 7193 7550 7967 8322 8530
110 6746 7162 7521 7898 8288 8706 8924
115 6760 7193 7552 7928 8327 8743 8961
120 6939 7381 7750 8137 8547 8976 9200 BUILDING TRADES WORKER II 125 7100 7552 7928 8327 8743 9175 9404
130 7280 7750 8136 8547 9355 9426 9728
135 7576 8088 8489 8924 9363 9832 10077 FLEET SERVICES COORDINATOR 140 7658 8136 8547 8977 9426 9888 10136
142 7697 8216 8622 9054 9511 9988 10239 BLDG./CONSTRUCTION INSPECTOR 145 7809 8327 8737 9175 9641 10118 10371
150 7973 8489 8921 9363 9832 10331 10589
155 8213 8737 9175 9641 10118 10623 10888
160 8429 8975 9426 9890 10392 10907 11180
165 8713 9363 9832 10331 10841 11376 11660 SENIOR MAINTENANCE WORKER 170 8847 9426 9890 10392 11295 11449 11735
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2025 3.50%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
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Packet Pg. 155 Attachment: Exhibit 1 - Redline Comparison Document (Local 1/AFSCME Successor MOU)
MEMORANDUM OF UNDERSTANDING
Between
PUBLIC EMPLOYEES UNION, LOCAL ONE
and
CITY OF PLEASANT HILL
September 1, 2023 – August 31, 2026
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Table of Contents
ARTICLE I
UNION RECOGNITION .......................................................................................1 Union Recognition and Deduction of Union Dues .................................................1 Hold Harmless.......................................................................................................1 Maintenance of Membership Clause.....................................................................1 Discrimination Prohibited.......................................................................................1
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE
DUTIES.................................................................................................................2
ARTICLE III
GRIEVANCE PROCEDURES...............................................................................3 Purpose of Grievance Procedures ........................................................................3 Conduct of Grievance Procedure ..........................................................................3 Matters Subject to Grievance Procedure...............................................................4 Definition ...............................................................................................................4 Grievance Procedure ............................................................................................4
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES............................................................5 Layoff Procedure...................................................................................................5 Training Opportunities...........................................................................................6 On-The-Job Training .............................................................................................6 Reinstatement After Layoff....................................................................................6
ARTICLE V
HOLIDAYS AND VACATIONS.............................................................................7 Holidays ................................................................................................................7 Religious Observance ...........................................................................................7 Vacation Leave .....................................................................................................8 Personal Leave .....................................................................................................8 Guidelines for Approval.........................................................................................9 Vacation Buy Back ................................................................................................9
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE...........................................9 Payment for Accumulated Sick Leave.................................................................10 Leave Donation ...................................................................................................11
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS ..................................................11 Call Back .............................................................................................................11 Call Back Rest Period .........................................................................................11
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Stand-By Time ....................................................................................................12 Compensatory Time............................................................................................12 Compensatory Time Buy Back............................................................................12
ARTICLE VIII
WORK SCHEDULES..........................................................................................12 Work Week..........................................................................................................12 Overtime..............................................................................................................13 Overtime Scheduling...........................................................................................13 Clean Up Time ....................................................................................................13 Meal Periods .......................................................................................................14 Meal Cost Reimbursements ................................................................................14 Compensatory Time Off ......................................................................................14 Varying Hours .....................................................................................................14
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES.............................................14 Applicable Pay Rates Following Promotion.........................................................14 Applicable Pay Rates Following Demotion..........................................................14 Applicable Pay Rates Following Transfer............................................................15 Applicable Pay Rates Following Salary Range
Increases and Decreases.........................................................................15 Pay Status...........................................................................................................15 Premium Pay for Employees in “Acting Capacity”...............................................15 Applicable Pay Rates Upon New Employee Appointment to City Service...........15
ARTICLE X
LONGEVITY PAY PLAN ...................................................................................15
ARTICLE XI
BENEFIT PLAN ..................................................................................................16 Medical................................................................................................................16 Medical In-Lieu....................................................................................................17 Dental/Orthodontia ..............................................................................................17 Vision Plan ..........................................................................................................17 Life Insurance......................................................................................................17 Disability Insurance .............................................................................................18
ARTICLE XII
EDUCATIONAL INCENTIVE..............................................................................18
ARTICLE XIII
PERFORMANCE EVALUATION........................................................................18 Annual Review ....................................................................................................19 Bonus Plan..........................................................................................................19
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ARTICLE XIV
SALARY ADMINISTRATION .............................................................................20 Base Wage Rates ...............................................................................................20 Pesticides Certificate...........................................................................................20 Fleet Services Coordinator “Backup”...................................................................21
ARTICLE XV
NO STRIKE OR LOCKOUTS .............................................................................21
ARTICLE XVI
FULL AGREEMENT ...........................................................................................21
ARTICLE XVII
SAVINGS CLAUSE ............................................................................................22
ARTICLE XVIII
RETIREMENT.....................................................................................................22 Retirement Benefits.............................................................................................22 Sick Leave Conversion Upon Retirement............................................................22 Retiree Heath Savings Account ..........................................................................23 Reversion of Residual Funds ..............................................................................23
ARTICLE XIX
DEFERRED COMPENSATION ..........................................................................23 IRS 125 Plan .......................................................................................................23 401 (a) Money Purchase Plan.............................................................................23
ARTICLE XX
JOB ANNOUNCEMENTS...................................................................................24
ARTICLE XXI
MISCELLANEOUS .............................................................................................24 Protective Apparel Allowance..............................................................................24 Uniform Allowance ..............................................................................................24 Temporary and Part-Time Employees.................................................................24 Conversion of Permanent Positions to Part-Time ...............................................24 Required Class II (B) Driver’s License.................................................................24
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C”..............................................................25
ARTICLE XXIII
PROMOTION SELECTION PROCESS ..............................................................25
ARTICLE XXIV
EMPLOYEE RIGHTS..........................................................................................25
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ARTICLE XXV
CITY RIGHTS CLAUSE......................................................................................26
ARTICLE XXVI
TERM OF AGREEMENT ....................................................................................27 Signatures ...........................................................................................................27
APPENDIX A
SALARY SCALES..............................................................................................28 Effective 09/01/2023............................................................................................28 Effective 09/01/2024............................................................................................29 Effective 09/01/2025............................................................................................30
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MEMORANDUM OF UNDERSTANDING
BETWEEN
PUBLIC EMPLOYEES UNION, LOCAL ONE
AND
CITY OF PLEASANT HILL
ARTICLE I
UNION RECOGNITION
Union Recognition and Deduction of Union Dues
Pursuant to Government Code Section 3500 et seq and City Resolution No. 2- 15, the City hereby recognizes Public Employees Union, Local One (“Union”) as the bargaining representative for purposes of representing City employees in Unit “C” with respect to their pay, wages, hours and other terms and conditions of employment for the duration of this Agreement. To the extent permitted by law, the City shall deduct dues from City employees and remit said dues to the Union on a monthly basis for the duration of this agreement, which dues shall not include assessments.
Monthly dues deductions, additions and/or deletions shall be recorded by the City’s Finance Officer and a notification of all dues transactions shall be immediately sent to the Union Business Office.
Hold Harmless
The Union shall hold the City harmless from any and all claims, and will indemnify the City against any unusual costs in implementing these provisions.
Maintenance of Membership Clause
If employees, who are not presently members of the Union as of the effective date of this Agreement, decide to join the Union, they shall, to the extent permitted by law, be required to submit proper documentation to the Union for dues deduction, and said membership shall be established for the duration of the Agreement. Employees who are current members of the Union shall, to the extent permitted by law, be required to remain members for the duration of this Agreement.
However, within thirty (30) calendar days prior to the expiration of the Agreement, all employees within the bargaining unit may have the opportunity to request to withdraw from the Union.
Discrimination Prohibited
City and Union agree that they shall not discriminate in any way on account of race, creed, religion, sex, national origin, political affiliation, age, or handicap. City
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agrees that no employee shall be discriminated against because of Union membership or residency.
ARTICLE II
UNION REPRESENTATION AND TIME OFF FOR REPRESENTATIVE DUTIES The Union shall designate employee representatives, in writing, at the beginning of the term of this Agreement for purposes of meeting with Management on terms and conditions of this Agreement or representing employees during the process of handling a grievance.
There shall be no more than two steward-representatives for the employees in Bargaining Unit “C”. Reasonable time off shall be allowed to meet with Management, limited to one representative and a Union staff member, to discuss matters of grievance and/or provisions of this Agreement.
Upon written request from the Union, Management may grant unpaid release time to each of two (2) Union steward-representatives for the purpose of attending Union training and conferences. At least sixteen (16) hours per year per steward will be available and shall only be granted with prior approval of the supervisor. Stewards must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Upon written request from the Union, Management may grant unpaid release time to one (1) additional Union member for the purpose of attending Union training and conferences. At least sixteen (16) hours per year will be available and shall only be granted with prior approval of the supervisor. The Union member must give at least forty-eight (48) hours advance notice to Management of their request to attend Union training or conferences.
Regular Union business meetings shall not be held on City time and City equipment and supplies are not to be used for Union business. The City’s word processor and duplication machine may be used by employee representatives of Local One upon request to the City Manager’s Office. All use shall be on a case-by-case basis approved by the Manager and costs for which shall be normal and customary as that paid by any member of the general public. This privilege may be revoked at any time as deemed necessary and appropriate by the City Manager. City premises can be used for Union activities, if scheduled in advance and before or after the normal work day or during the regularly scheduled lunch break.
When an employee representative is meeting with Management in a meet and confer process or representing employees as provided in the grievance procedure of this Agreement, and when he/she has complied with the specific provisions of this Article, the employee representative shall notify his/her immediate supervisor when he/she is leaving, how much time is to be taken and when he/she expects to return.
This notice shall be given at least 48 hours in advance of the meet and confer process,
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grievance proceeding, or any other representative activity in which the employee representative is engaged. Failure to comply with the provisions of this Article may constitute a grievance against the Union representatives.
Any Union representative shall give notice to the Department Head or their designated representative, when entering departmental facilities, and must make a verbal request of Management to speak to employees and/or employee representatives during the employees’ normal working hours. The representative shall be allowed reasonable contact with workers on City facilities provided such contact does not interfere with the employees’ work. Solicitation for membership or other internal employee organization business shall not be conducted during working time.
ARTICLE III
GRIEVANCE PROCEDURES
Purpose of Grievance Procedures
1) To promote improved employer-employee relations by establishing grievance procedures on matters, stipulated below.
2) To provide that grievances shall be heard and settled as informally as possible. 3) To enable grievances to be settled as promptly and as nearly as possible to the point of origin.
4) To afford employees individually, or through a business representative, a systematic means of obtaining considerations of questions and disputes.
Conduct of Grievance Procedure
1) An employee may request the assistance of another person of his/her own choosing in preparing and presenting a grievance at any level of review, or may be represented by the Union or may represent himself/herself. 2) The employee and his/her representative, if any, may use reasonable time (up to twelve (12) hours) in conferring about and presenting a grievance. 3) Any retroactivity on monetary grievances shall be limited to the date the grievance was filed in writing, except in cases where it was impossible for the employee to have had prior knowledge of an accounting error, or management action.
4) The time limits specified may be extended to a definite date by mutual agreement of the employee and the management representative.
5) Employees shall be free from reprisal for using their grievance procedure.
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Matters Subject to Grievance Procedure
Full time employees having probationary or permanent regular status may process a personal grievance.
Probationary employees may file grievances, but not as applied to their performance rating or dismissal.
Definition
A Grievance shall be defined as any dispute which involves the interpretation or application of this Agreement, scope of representation and such rules and regulations presently in force or as may from time-to-time be adopted by the City, and the discipline of employees including suspension, demotion, or dismissal.
The parties recognize that disputes should be resolved expeditiously at the lowest possible administrative level, notwithstanding the right and desirability of the employee or the Union to bypass any initial steps if the case involves decision making at a higher administrative level.
Grievance Procedure
Step 1
The employee and/or his/her representative may present the grievance personally, in writing or orally, to the immediate superior within ten (10) working days of the occurrence of the dispute or ten (10) working days from such time as the employee or Union could have been aware of the occurrence.
Step 2
If the grievance is not resolved within ten (10) working days of the presentation under Step 1, the grievance may be submitted in writing to the Department Head or his/her designee. Such submittal to the Department Head shall be within ten (10) working days of the response by the immediate superior. The Department Head shall respond within ten (10) working days.
Step 3
If the grievance cannot be resolved under Step 2, the Union may, within ten (10) working days of the action of the Department Head, submit a written request for a meeting with the City Manager. If no request is received in ten (10) working days, the grievance procedure ends. Upon receipt of a written request, the City Manager shall schedule a meeting to discuss the grievance with the Union within ten (10) working days. The City Manager shall render a written decision to the Union within ten (10) working days.
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Step 4
If the matter remains unresolved in Step 3 above, either party may, within ten (10) days of the determination, request arbitration of the dispute by written notice to the other party. If, after five (5) days following delivery of such notice to the other Party the parties have not selected an arbitrator by mutual agreement, either Party may request a list of the names of no less than five (5) impartial arbitrators furnished by the State Mediation and Conciliation Services (SMCS). A party receiving the list shall immediately notify the other party that the list was received and promptly forward a copy to the other party in the parties’ normal mode of document transmission between them (e.g., email, fax, etc.).
Not more than twenty-one (21) days following the first date by which both parties have received the list, the Parties shall alternately strike names from the list until only one name remains. The remaining name shall be the arbitrator. The order of striking shall be determined by coin flip. Either party shall notify the arbitrator in writing or his or her appointment, providing contact information for the representatives of both sides, with a copy of such notice simultaneously sent to the other party.
Parties who have direct knowledge of circumstances relating to the grievance may be present at the request of either party during any stage of the procedure except arbitration. The presence of an individual in the arbitration hearing room when not testifying shall be subject to regulation by the arbitrator. Further, the arbitrator may completely exclude a witness from the proceeding for safety reasons or due to other extraordinary circumstances. In the case of employees, they shall be compensated at their regular rate of pay for the actual time spent in such meeting.
The time between the steps of the procedure, or within the arbitration step, may be extended by mutual agreement. Failure by the employee or Union to follow the time limits, unless extended by mutual agreement, shall cause the grievance to be considered withdrawn. If the City does not respond to the grievance at Step 1, 2 or 3, the Union or employee may advance the grievance to the next step of the procedure within ten (10) days after the deadline for the City’s response.
The decision of the Arbitrator shall be final and binding on all parties. The Arbitrator’s fees shall be shared equally by the City and the Union.
ARTICLE IV
LAYOFFS AND TRAINING GUIDELINES
Layoff Procedure
In the event of a layoff, employees affected by the layoff shall receive sixty (60) days written notice. Subsequent to such notice, an employee may be provided four (4)
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weeks’ severance pay in lieu of working until the end of the sixty day notice period if the City wishes the layoff to be effective prior to the expiration of the sixty day notice period.
Reductions in force may only take place due to lack of work, lack of funds, reorganization or the return of an employee from leave of absence. Reductions in force shall be implemented on the basis of seniority. An employee subject to layoff can “bump” a less senior employee in the same classification within the same department or a less senior employee in a classification in which he/she has formerly worked provided the jobs are substantially similar.
Training Opportunities
When the City has given notice to an employee that he/she is being laid off, the City will take reasonable steps to provide a basic training and/or orientation process which would provide the employee with the knowledge and/or skills which could be used to assist the employee in applying for promotion or transfer to a vacant, budgeted position for which the employee possesses the basic knowledge, skills and abilities.
On-The-Job Training
The Personnel Officer is designated as Training Officer of the City and will maintain an active training program for all employees.
Reinstatement After Layoff
A regular employee who is laid off in accordance with these rules is entitled to preference in filling a vacancy in the class or position previously held by that employee for a period of twelve (12) months. An employee so reinstated retains all benefits accrued in prior service with the City. During the layoff, no benefits accrue and the anniversary date shall be adjusted if the layoff time exceeds thirty (30) consecutive days.
Reinstatement according to this provision, shall be done using the method of seniority, in that the last employee in a class laid off will be the first employee to be reinstated in the class, unless there is a legal question as to their reinstatement whereupon an investigation shall be conducted to determine the facts and present a decision.
Said investigation shall be conducted within a ten (10) working day period unless delayed by legal complications uncontrolled by the City. The position to which reinstatement is being considered shall be held open until a final determination is made as to the disposition of said investigation; however, said period shall not exceed one (1) full calendar month. If the employee is eligible to be replaced on the reinstatement list, they shall be replaced without loss of status on said list.
9.9.c
Packet Pg. 166 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 7
MOU 2023-2026
ARTICLE V
HOLIDAYS AND VACATIONS
Holidays:
January 1 (New Year’s Day)
Third Monday in January (Martin Luther King Jr. Birthday) February 12 (Lincoln’s Birthday)
Third Monday in February (Washington’s Birthday)
Last Monday in May (Memorial Day)
June 19 Juneteenth
July 4 (Independence Day)
First Monday in September (Labor Day)
Second Monday in October (Columbus Day)
November 11 (Veteran’s Day)
Thanksgiving Day
Friday Following Thanksgiving
December 24
December 25
Each day proclaimed by the President or
Governor and Mayor of this City as a
public holiday.
Holidays shall no longer be calculated as 7.5 hour days. Instead, for each employee, a holiday shall be deemed to have the same number of hours as those the employee is normally scheduled to work on that day. Holidays falling on a Saturday or a Sunday shall be observed on the immediately following Monday. Where two holidays fall on the same weekend – e.g., Christmas Eve and Christmas – they shall be observed on the immediately following Monday and Tuesday, respectively.
The City and Union acknowledge that any proposed changes, additions or deletions to the above agreed-upon holidays are subject to the meet and confer requirements set forth in California Government Code Sections 3500 et seq. (the Meyers-Milias-Brown Act).
Religious Observance
A City employee who wishes time off to observe holidays particular to their race, national origin, culture, or religion may do so with the approval of his/her Department Head. This time off is charged to compensatory time or vacation.
9.9.c
Packet Pg. 167 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 8
MOU 2023-2026
Vacation Leave
Full vacation leave according to the following schedule is earned by:
Full time paid status.
Eligible employees on sick or vacation leave with pay.
Eligible employees on Jury leave.
Years of Service Vacation Days Per Year
1 12
2 12
3 12
4 15
5 15
6 15
7 16
8 16
9 16
10 18
11 18
12 18
13 18
14 18
15 21
20 23
At no time may an employee’s accumulated vacation balance exceed forty (40) working days. If the employee reaches that maximum, he or she shall cease earning vacation until he or she uses vacation so that his or her balance falls below the maximum. An exception to this maximum accumulation ceiling may be granted on a temporary basis by the City Manager.
Personal Leave
During the term of this agreement, each employee shall be permitted to take one day off each calendar year as a personal leave day, subject to prior scheduling and approval. This day must be taken as time off, and cannot be taken as pay. In addition, this annual personal leave day does not carry over or accumulate from year to year; rather, if not taken during the calendar year, it expires.
Regardless of the employee’s scheduled work hours on the day selected for personal leave, no time will be charged to his or her accrued vacation leave or compensatory time. Conversely, no time will be added to the employee’s accrued vacation leave or compensatory time.
9.9.c
Packet Pg. 168 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 9
MOU 2023-2026
For example, if an employee is scheduled to work more than 7.5 hours on the day he or she takes as a personal leave day, the employee will not be required to charge the scheduled work time exceeding 7.5 hours to accrued vacation leave or compensatory time.
By the same token, if an employee is scheduled to work less than 7.5 hours on the day he or she takes as a personal leave day, the employee will not have credited to his or her accrued vacation leave or compensatory time the difference between 7.5 hours and the hours actually scheduled to work.
Guidelines for Approval
Supervisors will establish a vacation schedule at the beginning of each calendar year. Adjustments may be requested by either the supervisor or employee, with reasonable prior notice, based on personal or organizational needs or problems; said changes, if made, shall be discussed between the supervisor and employee prior to said change being instituted. Vacation time shall be taken in one (1) day increments with prior approval of supervisor. Requests for vacation time off of less than one (1) day may be approved, based upon circumstances which may be in the best interest of employees and the City.
Vacation Buy Back
Upon written request by the employee, the City will buy back up to 60 hours of accrued vacation annually, provided the employee has used a minimum of 37-1/2 consecutive hours of vacation leave during the twelve (12) month period immediately preceding the request. One day of holiday time may be substituted for one day of vacation provided that the consecutive time off is at least 37-1/2 hours. Additionally, the employee must have at least 60 hours of accrued vacation leave at the conclusion of the vacation buy back transaction.
The written request for the vacation buy back must be submitted to the Personnel Officer by the twenty-fifth (25th) day of the month preceding the date on which the employee is requesting the payoff.
Only hours which were accumulated prior to the last day of the month preceding the date of the request are eligible for the vacation buy back. Vacation buy back shall be limited to once per fiscal year.
ARTICLE VI
SICK LEAVE AND OTHER LEAVES OF ABSENCE
The sick leave and other leaves of absence provisions of the City’s current Personnel Rules and Regulations shall apply to employees in Bargaining Unit “C”.
9.9.c
Packet Pg. 169 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 10
MOU 2023-2026
Payment for Accumulated Sick Leave
1. Employees hired as of August 31, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment or additional vacation for thirtythree and one third percent (33 1/3%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, not less than thirty (30) days of unused sick leave.
The rate of pay for this purpose is the rate of pay as of November 30. The amount of time for which an employee is paid is deducted from the employee’s total accumulation.
An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
2. Employees hired on or after September 1, 2011 are eligible to accumulate sick leave and are entitled to receive on the December 5 or January 5 payroll, and each December 5 or January 5 thereafter, a cash payment to his/her 457 deferred compensation plan for fifteen percent (15%) of the unused portion of sick leave credit accumulated during that calendar year. To qualify for payment, the employee shall have to their credit on November 30, not less than thirty (30) days of unused sick leave.
The rate of pay for this purpose is the rate of pay as of November 30. The amount of time for which an employee receives payment is deducted from the employee’s total accumulation. An employee may elect to retain sick leave in lieu of payment. This rate applies to annual buy-back and retirement after five (5) years of service.
3. If an employee is terminated after five (5) years’ service because of voluntary resignation, death, or abolishment of position, accumulated sick leave is paid at the rate of one (1) day for each four (4) days of unused sick leave to a maximum of twenty-five (25) days.
4. If an employee retires from the City with between five (5) years and twenty (20) years of service, up to twenty-five (25) days of unused sick leave will be paid upon separation and the balance will be reported to PERS for purposes of calculating PERS retirement service credit pursuant to PERS regulations.
5. See Article XVIII regarding the ICMA Retirement Health Savings Plan benefit for those employees who retire with twenty (20) or more years of service.
9.9.c
Packet Pg. 170 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 11
MOU 2023-2026
Leave Donation
The Parties agree to form a committee consisting of two City participants each for the Union and for the City, respectively. Committee meetings will begin within fortyfive (45) calendar days of adoption in order to develop a Leave Donation program for the bargaining unit for consideration and approval by the City Council along the following conceptual idea:
“A bargaining unit employee may donate compensatory leave, sick leave, or vacation leave with unlimited frequency and in any amount, inclusive of any combination of these leaves, to a leave donation bank for use by other bargaining unit employees who are ill or injured and have exhausted their paid leave time. Said leave from the leave donation bank may also be utilized by an employee in the event an immediate family member is ill or injured, to include parents, children, brothers and sisters.”
ARTICLE VII
MISCELLANEOUS OVERTIME PROVISIONS
Call Back
When full-time or permanent part-time employees, within the Unit, are called back to duty after they have completed their normal work schedule or prior to beginning their normal work schedule, or are on their day off, all hours worked during such Call Back assignment shall be paid at the rate of one and one-half (1-1/2) times the employee’s normal hourly rate. A minimum of three (3) hours pay at the one and onehalf (1-1/2) rate prior to or after the normal work shift is guaranteed the employee. A minimum of four (4) hours pay at the one and one-half (1-1/2) rate will be guaranteed the employee for Call Back to work between the hours of 10:00 p.m. and 6:00 a.m. The time of the call to the employee shall be the determinant of the Call Back minimum.
Call Back Rest Period
In the event that call back work immediately preceding a regular work shift concludes after 10:00 p.m., employees will be provided leave at straight pay during the beginning of their immediately following regular work shift. Paid leave time shall be provided at the rate of one-hour for each hour worked past 10:00 p.m. For example: if on-call work concludes at 12:00 a.m., the employee would be provided two-hours of paid leave at the start of their immediately following regular work shift, i.e., the employee would report to work two-hours later than their usual start time with no loss in pay for those two-hours.
9.9.c
Packet Pg. 171 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 12
MOU 2023-2026
Stand-By Time
Public Works Field Employees:
For all full-time employees within the unit, stand-by time shall be compensated at $18.00 flat rate of pay or ½ hour of compensatory time for each sixteen (16) hours of week day stand-by time; $29.00 flat rate of pay or ¾ hour of compensatory time for each twenty-four (24) hours of weekend or holiday stand-by time. The decision whether to be compensated in cash or in compensatory time shall be made by the employee.
Stand-by time for weekends will be reduced to $18.00 or ½ hour of compensatory time if the assigned employee is called back to work four (4) hours or more within the twenty-four (24) hour period.
Compensatory Time
An employee may accumulate up to eighty (80) hours of compensatory time worked at the rate of one and one-half (1-1/2) times which may be taken off as scheduled and approved by their supervisor. This computation is in accordance with the Fair Labor Standards Act.
All overtime above eighty (80) hours will be automatically paid for within the next earliest pay period.
Compensatory Time Buy Back
Once per calendar year, the City will agree to buy back an employee’s accrued compensatory time up to 80-hours each year. Hours eligible for this buy back provision must be accumulated prior to the current pay period. Requests for "buy back" must be submitted prior to the payroll period in which the "buy back" payment is sought.
ARTICLE VIII
WORK SCHEDULES
Work Week
Maintenance employees work an average thirty-seven and one-half (37-1/2) hour work week with no reduction in monthly pay based on four (4) days of eight and one-half (8-1/2) hours, Monday through Thursday; three and one-half (3-1/2) hours on Friday.
Building Inspectors and Construction Inspectors work 37.5 hours a week, and schedules are set by mutual agreement with supervisor.
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Packet Pg. 172 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 13
MOU 2023-2026
There shall be no change in the regular work schedules solely to avoid the payment of overtime or compensatory time unless mutually agreed by the employee and supervisor.
No formal coffee breaks will be allowed to any member of Bargaining Unit “C”.
Overtime
The City shall pay overtime at the rate of one and one-half (1-1/2) time for all overtime worked above an employee’s normal work day or work week schedule. (Normal is considered as those schedules shown above.) The following provisions shall apply.
Work day – Overtime shall apply if time worked is one-tenth (1/10th) of an hour above or before the normal starting or ending time of the employee work day.
Work week – Overtime shall apply if time worked is on the sixth (6th) day of the employee’s normal work week schedule.
Double time and One-Half Provision – Overtime shall be paid at the rate of two and one half (2-1/2) times the employee’s hourly rate for work performed on a regularly scheduled holiday. Pay shall be in lieu of holiday.
Overtime Scheduling
There will be two types of overtime: emergency overtime and scheduled overtime. The City will make the effort to dispense overtime equally whenever possible; however, the City retains the right to determine who will be called to respond to emergencies based on the nature of the emergency.
Scheduled overtime and standby time will be dispensed from a rotating list of eligible and qualified employees. The list will be updated and posted on the posting board. The employee at the top of the list will be called first. Once he or she completes the overtime assignment (or the next person [s] complete the overtime assignment, if the first person is not available for scheduled overtime), that person’s name will be moved to the bottom of the list. If an employee for the assignment is not available, mandatory scheduled overtime will be initiated using the least senior, qualified person.
Clean Up Time
Whenever it is essential for employees occupying labor, trades, or craft positions to clean up and/or change clothes before being presentable upon leaving work, said employee shall be allowed ten (10) minutes of City time to clean up or change clothes.
This provision does not apply to overtime work nor is the time considered a guaranteed ten (10) minutes each and every work day.
9.9.c
Packet Pg. 173 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 14
MOU 2023-2026
Meal Periods
Meal periods are scheduled during the employee’s work day to coincide with the employee’s work hours. A meal period is not less than thirty (30) minutes or more than one (1) hour. Meal periods will be based on work schedules and the City’s operational needs at each particular work site.
Meal Cost Reimbursements
Employees shall be reimbursed in certain instances for meal costs. The requirements for meal cost reimbursement and the procedure for obtaining such reimbursement are set forth in departmental rules and regulations.
Compensatory Time Off
For purposes of computation of compensatory time off, sick leave and vacation leave, the regular work day shall be deemed to be seven and one-half (7-1/2) hours.
Varying Hours
Employees within the unit are permitted the opportunity to discuss varying their hours within a given work day due to their personal needs or problems. These requests have been handled on a case-by-case basis between supervisor and the employee, with the final decision being made by the supervisor. The City will continue this practice keeping in mind that the supervisor must be concerned about the City’s needs and problems in managing their daily business. This practice is for meeting temporary or emergency situations.
ARTICLE IX
WAGE PLAN ADMINISTRATIVE PROCEDURES
Applicable Pay Rates Following Promotion
When promoted, an employee shall begin at Step A or one (1) step higher than his/her current salary, whichever is higher. The new anniversary is the date of promotion. Upon recommendation of the Designee and approval of the City Manager, an employee may be considered for a higher step upon promotion if their experience, longevity and value to the City would merit such an increase.
Applicable Pay Rates Following Demotion
In the case of a demotion to the position with a lower maximum salary, an employee shall be assigned to a pay step that is the same as, or less than, the step they held in the highest position. Placement within the rate shall be determined by the City Manager. An employee shall retain their previous anniversary date.
9.9.c
Packet Pg. 174 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 15
MOU 2023-2026
Applicable Pay Rates Following Transfer
Where an employee is transferred from one position to another in the same class or to another class to which the same pay range is applicable, the employee retains the same pay step and anniversary date.
Applicable Pay Rates Following Salary Range Increases and Decreases Where a pay rate is revised upward or downward, the incumbent of a position in the affected class is entitled to a pay adjustment to the same relative step in the new pay range. The anniversary date does not change.
Pay Status
Pay status can be defined as the period in which an employee is at work, on vacation, sick leave, compensation leave as a result of an industrial accident, leave with full pay in lieu of temporary disability benefits, compensatory time off, administrative leave, paid temporary military leave of absence, or on an approved leave of absence with full pay.
Premium Pay for Employees in “Acting Capacity”
An employee who is temporarily assigned duties outside his/her assigned job classification for more than four (4) consecutive working days shall, upon City Manager approval, be paid a five percent (5%) differential based upon the employee’s regular rate of pay, which differential shall be made retroactive to the first (1st) day the employee began performing said duties. Employees who are temporarily assigned duties outside their assigned job classifications for four (4) or fewer consecutive working days shall not be paid any differential.
Applicable Pay Rates Upon New Employee Appointment to City Service When appointed, a new employee will generally begin at Step A. However, from time-to-time the City Manager may appoint a new employee at a higher step.
ARTICLE X
LONGEVITY PAY PLAN
1. Employees hired as of August 31, 2011 are eligible for the following longevity benefit if they qualify as of August 31, 2015:
Employees fifty-five (55) years of age with ten (10) full years of City service shall be given a five percent (5%) benefit computed on their normal monthly base salary.
9.9.c
Packet Pg. 175 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 16
MOU 2023-2026
Employees sixty (60) years of age with fifteen (15) full continuous years of City service shall be given an additional five percent (5%) benefit computed on their normal monthly base salary.
2. Employees receiving the following pre-retirement benefit as of August 31, 2011 will be entitled to continue receiving the benefit for a consecutive 12-month period of time as long as retirement takes place at the end of the 12-month period. All other employees are not entitled to this benefit. Twenty (20) year employees regardless of age, upon presenting to the Personnel Officer, the State P.E.R.S. declaration of intent to retire within the following twelve (12) months, shall be given an additional seven percent (7%) benefit computed on their normal monthly base salary. This seven percent (7%) shall be effective twelve (12) calendar months before the declaring employee’s last date of employment.
Such benefit shall be used to compute any other benefit such as overtime, but will not be used in computing final retirement benefits as determined by the Public Employees Retirement System and provided for in the City’s contract with P.E.R.S.
3. Employees hired on or after September 1, 2011 are not entitled to any of the longevity or pre-retirement benefits described in this Article.
ARTICLE XI
BENEFIT PLAN
The City agrees to provide medical, dental, orthodontia, life and disability benefits plans through the term of this Memorandum of Understanding and the City will contribute premiums for such plans in accordance with the following formula:
Medical
The City will strive to provide insurance coverage by two HMO carriers.
Members Hired on or After September 1, 2011
For Local One bargaining unit members hired on or after September 1, 2011, the City will pay seventy-five percent (75%) of the Kaiser premium at each level of participation regardless of the carrier with which the employee is enrolled. The employee will pay the remainder by payroll deduction.
Members Hired as of August 31, 2011
Members of Local One hired as of August 31, 2011 and who have medical coverage through the City shall contribute towards the premium costs for their medical coverage as follows:
9.9.c
Packet Pg. 176 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 17
MOU 2023-2026
Effective September 1, 2020, each member shall contribute 20% of the medical premium for either Kaiser or Blue Shield (if applicable) at each level of participation with the maximum monthly employee contribution capped as follows:
Kaiser Blue Shield
Employee $184.26 $268.03
Employee + 1 $368.53 $552.79
Family $515.94 $773.91
Effective with Plan Year 2024, the two-tier contribution model and employee contribution cap will be eliminated; and each member shall hence forth contribute 20% of the medical premium for the medical plan enrolled in, either Kaiser or Blue Shield (if applicable), at each level of participation.
The City shall deduct said contributions from the members’ pay each month on a pretax basis to the extent permitted by law.
Medical In-Lieu
Upon proof to the Personnel Officer of medical coverage from another source, employees may elect to receive $400.00 per month if eligible for employee only level of coverage, $500.00 per month if eligible for employee +1 level of coverage, or $600 per month if eligible for employee +family level of coverage, in lieu of the City’s contribution to the employee’s medical plan. An eligible employee may elect to receive this “in lieu” payment in cash or as a pre-tax contribution on the employee’s behalf into the employee’s 457 deferred compensation account. Employees receiving in lieu payment shall not be required to make the premium contributions described above.
Dental/Orthodontia
Employees in Bargaining Unit C may select dental coverage (up to full family coverage) from either of the following dental plans currently provided by the City: (1) $1500 dental only; or (2) $1,000 dental benefit and $1500 orthodontia lifetime maximum.
Vision Plan
The city agrees to provide employees in Bargaining Unit “C” and their dependents with a vision insurance plan that will allow one examination and one pair of eye glasses or one pair of contact lenses on an annual basis.
Life Insurance
The City shall pay the total cost of life insurance in the amount of $50,000.
Additionally, the City will provide employees the option to increase such coverage
9.9.c
Packet Pg. 177 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 18
MOU 2023-2026
provided that the cost of such increase shall be borne by the employee. However, the City reserves the right to change carriers if premiums become excessive.
Disability Insurance
City agrees to continue to pay total cost of Disability Insurance Plan, sixty-six and two-thirds percent (66-2/3%) of salary plan, for length of Agreement. However, City reserves the right to change carriers if premium becomes excessive. The elimination period shall be thirty (30) days. A woman unable to work for pregnancy related reasons is entitled to disability and/or sick leave on the same basis as employees unable to work for other medical reasons due to off-the-job disability.
ARTICLE XII
EDUCATIONAL INCENTIVE
The City agrees to continue the educational incentive to employees within the unit as follows:
a. The course, courses or training programs taken must be pre-approved by the Department Head, considered relevant to providing service to the public or to the employee’s job or part of a degree or certification program which has application to City service.
b. During the period such courses or training programs are taken, the employee will receive monthly compensation equal to $18.00 multiplied by the number of credit units taken up to a maximum of nine (9) units during any semester of study. In addition, the City will agree to reimburse the employee for tuition, books, training materials or required tools up to a maximum of $450 per semester and $1,400 per calendar year.
c. For purposes of this Article, reimbursement for a certification training program shall be limited to the cost of the training program and of any books, training materials and tools the employee is required to purchase in connection with the certification training program. There shall be no $18.00 per month per credit unit payment to employees for certification training programs, unless the training program is given in an accredited school and the employee has to pay tuition to the school.
d. To be reimbursed for tuition, books, and required tools, the employee must provide proof satisfactory to the city that the employee is actually enrolled in the course or training program, and that the books, training materials and/or tools are in fact required for the course or training program being taken. Such proof includes, but is not limited to, receipts, course syllabuses, written requirements, and/or written confirmation from the instructor.
9.9.c
Packet Pg. 178 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 19
MOU 2023-2026
e. Employees receiving this temporary educational incentive shall keep their Department Head informed of their enrollment status and shall be required to submit verification that they successfully completed the course or training program. Successful completion of a school course means completing the course with a grade of “C” or better.
ARTICLE XIII
PERFORMANCE EVALUATION
Annual Review
The City will continue to use an annual performance evaluation. Performance evaluations will be made once a year no later than fifteen (15) days following the employee’s anniversary date. Where a performance evaluation is late without reasonable justification, the employee may choose to file a grievance. Grievances for late performance evaluations shall commence at the second step before the department head.
All performance evaluations shall be signed by the employee indicating knowledge of the evaluation and that said evaluation is being place in the employee’s personnel file.
If the employee receives an evaluation of “below standard” on six of the twelve categories, his or her salary may be reduced up to 7% for a one year period upon recommendation of the Department Head and approval of the City Manager.
No employee shall receive a “below standard” overall evaluation without first receiving a direct oral or written warning of the need for improvement. Upon written request, an employee shall receive a second evaluation within ninety (90) days after an unfavorable evaluation.
If the employee receives an evaluation of “superior performance” on six of the twelve categories, his or her salary may be moved two (2) steps above their current step upon the recommendation of the Department Head and approval of the City Manager.
Bonus Plan
Each year, employees who meet the following threshold eligibility requirements may be considered for a bonus: (1) The employee must be at the top of his/her salary range; and (2) the employee must receive the highest possible rating in at least half of the rating categories in his/her performance evaluation. Meeting these threshold eligibility requirements renders the employee eligible to be considered for a bonus. It does not guarantee that a bonus will be awarded.
9.9.c
Packet Pg. 179 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 20
MOU 2023-2026
Where an employee meets these threshold eligibility requirements, his/her immediate supervisor may recommend that the employee be awarded a bonus. The employee’s department head must approve the recommendation. If the department head approves the recommendation, he/she will forward it to the Personnel Officer, who will confirm that the employee is in fact eligible for consideration for a bonus. The Personnel Officer will then forward the recommendation to the City Manager. The City Manager shall have discretion to approve or disapprove the bonus recommendation. If the City Manager approves, he/she shall also determine the amount of the bonus, which shall not exceed a maximum of 7% of the employee’s base salary for that evaluation year.
If the employee receives a bonus award, he/she may elect to have the bonus paid either as a lump sum contribution to his/her 457 plan or as a lump sum cash award paid directly to him/her.
The bonus does not become a part of the employee’s salary. After payment, the employee receives no further payment under his/her bonus award for that evaluation year. Employees may receive bonus awards more than once during their employment with the City, provided all the requirements of this section are met.
ARTICLE XIV
SALARY ADMINISTRATION
1. Base Wage Rates
Base wage rates are reflected in Appendix A, which is attached hereto and by this reference is incorporated into this Memorandum of Understanding. Wage increases during the term of this Memorandum of Understanding shall be as follows as reflected in Appendix A: Effective September 1, 2023, 3.25% of base wage rates in effect August 31,2023. Effective September 1, 2024, 3.25% of base wage rates in effect. Effective September 1, 2025, 3.5% of base wage rates in effect.
Effective September 1, 2024, the salary ranges for all classifications will add one step (“Step G”) that shall be 2.5% above Step F. Eligible employees who meet the City’s merit increase requirement as of September 1, 2024, for advancement will be placed into Step G. All others will move into Step G through the normal progression after eligibility pursuant to the City’s procedure for merit increase advancement through the salary ranges.
2. Pesticides Certificate
Each employee who holds a certificate from the State in Pesticide Spray Operation will earn a two percent (2%) salary differential.
The City shall provide employees paid release time to attend classes to fulfill the requirements for certification. The City shall reimburse employees for the cost of such
9.9.c
Packet Pg. 180 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 21
MOU 2023-2026
classes. The City will advance one-half of the cost for taking the test directly to the pesticide certification testing provider with the remaining half of the fee to be reimbursed to the employee upon certification and submission of the appropriate paperwork, onetime only. Subject to the fee for testing procedure noted, the City shall reimburse employees for the cost of obtaining certification and/or renewal.
3. Fleet Services Coordinator “Backup”
An employee who is assigned and performs vehicle and/or non-routine equipment repair shall be entitled to a 5% salary differential in addition to his/her base salary. Such assignment shall be for a period not less than eighteen (18) months and not more than twenty-four (24) months. To be eligible for this assignment, the employee must take the written exam and receive a passing score of at least seventy percent (70%). This differential shall be authorized by the Maintenance Superintendent through a Personnel Action Form. The 5% will be paid on all hours worked and not just when performing vehicle and non-routine equipment repair.
ARTICLE XV
NO STRIKE OR LOCKOUTS
No lockout of employees represented by the Union shall be instituted by the City during the term of this Agreement. The Union agrees that during the term of this Agreement, neither Union Staff nor City Employees shall engage in or support strikes by not crossing another Union picket line, work stoppages, slow downs, boycotts, or other direct or indirect work actions against the City. Any employee participating in these prohibited activities may be disciplined by the City.
ARTICLE XVI
FULL AGREEMENT
This Memorandum of Understanding (“MOU”) represents a complete and final understanding on all negotiable issues between the City and the Union. This agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Union except as specifically referred to in this MOU. The parties, for the term of this MOU voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time this MOU was negotiated and signed. If during the term of this MOU the City desires to alter the status quo (as defined under the Myers, Milias, Brown Act) on any subject within the scope of representation but not covered by this MOU the City shall notify the Union in writing in advance and afford it the right to meet and confer over the proposed change upon timely request to the City.
9.9.c
Packet Pg. 181 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 22
MOU 2023-2026
ARTICLE XVII
SAVINGS CLAUSE
If any provision of this Agreement is held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision is enjoined by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) work day period. If no agreement has been reached, the parties agree to invoke the provision of impasse under City Resolution No. 2-15.
ARTICLE XVIII
RETIREMENT
Retirement Benefits
The City will continue to provide retirement benefits to existing Local One members employed as of August 31, 2011 under the City’s present contract with the California Public Employees Retirement System (“CalPERS” or “PERS”), including but not limited to 2%@55 retirement benefits for Local One miscellaneous employees; single highest year; and payment of the employer’s required contribution. Effective April 16, 2012, the pension formula was reduced to 2%@60 for new members employed on or after that date and final compensation for those new employees will be based on a three-year average. All employees hired on or after January 1, 2013 who are “new members” as determined by CalPERS will participate in the City’s Public Employees’ Pension Reform Act (PEPRA) Miscellaneous Employees Retirement Plan (2%@62).
Employees will pay the full seven percent (7%) PERS employee member contribution and there will be no Employer Paid Member Contribution; provided, that employees who are subject to the PEPRA pension tier shall pay one-half (1/2) of the normal cost contribution for that plan, subject to the terms of the PEPRA.
Sick Leave Conversion Upon Retirement
For employees employed as of August 31, 2011: An ICMA VantageCare Retiree Health Savings Plan (“RHS Plan”) shall be established (at no cost to the City) for employees who have worked with the City for twenty (20) or more years, regardless of age, who elect to take a service retirement. The RHS Plan will permit the payment of post-retirement healthcare costs with contributions as follows:
Twenty-five (25) days of accrued, unused sick leave will be paid to the employee at one hundred percent (100%) of the last day worked salary and any remaining accrued, unused sick leave at one hundred percent (100%) of the last day worked salary, calculated at the net present value as of the date of retirement, shall be contributed to the employee’s RHS Plan account pursuant to the Local One adoption agreement.
9.9.c
Packet Pg. 182 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 23
MOU 2023-2026
For employees hired on or after September 1, 2011: No sick leave conversion will be allowed upon retirement.
Retiree Health Savings Accounts
The City shall establish Retiree Health Savings Plan accounts for all bargaining unit members who do not have such an account. (This does not, however, extend sick leave conversion to such employees.) Into each Retiree Health Savings Account, regardless of employee hire date, effective September 1, 2023, the City shall contribute one hundred dollars ($100) per month. This amount may be prospectively eliminated, reduced or increased through the meet and confer process undertaken for the negotiation of any successor MOU, or at any other time by mutual agreement.
Reversion of Residual Funds
In the event the employee dies before exhaustion of funds in the employee’s RHS Plan account and leaves no spouse or dependents, the remaining amount shall revert back to the City.
ARTICLE XIX
DEFERRED COMPENSATION
Each employee shall have the option of making monthly contributions to the City’s Deferred Compensation Plan. Employees may elect to defer up to the maximum allowed by law to the City’s 457 Deferred Compensation Plan.
IRS 125 Plan
All benefits covered under the City’s IRS 125 Plan may be paid on a pre-tax basis. Examples include dependent care, out-of-pocket medical expenses and specified insurance premiums.
401 (a) Money Purchase Plan
Effective September 1, 2012, the City will no longer make a monetary contribution to each employee’s 401(a) Money Purchase Plan. Employees may continue to make voluntary after-tax contributions.
9.9.c
Packet Pg. 183 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 24
MOU 2023-2026
ARTICLE XX
JOB ANNOUNCEMENTS
City will designate official bulletin boards and post by memorandum or formal job announcement all examination processes for a period of at least five (5) days in advance. Space for Union notices shall be provided on these bulletin boards.
ARTICLE XXI
MISCELLANEOUS
Protective Apparel Allowance
The City shall allot a protective apparel allowance of up to four hundred dollars ($400) per year to each employee in Bargaining Unit “C”. This allowance is to be used for the purchase or repair of protective boots, shoes, hats, or any other protective apparel the employee would be required to wear while on the job that is not already supplied.
Procedure for reimbursement: The employee shall bring the protective apparel and purchase receipt to management for approval. Guidelines for approval shall be set forth in departmental rules and regulations.
Uniform Allowance
Each employee in Bargaining Unit “C” is entitled, beginning on July 1, 2012, to a uniform allowance of $20 per month, paid on the pay period ending on the 15th of each month. This allowance is to be used for the purchase, rental and/or maintenance of required clothing. This allowance will be reported to CalPERS as a separate “special compensation” line item. Effective January 1, 2013, the uniform allowance will not be included as “pensionable compensation” for employees classified as “new” members under the California Public Employees’ Pension Reform Act of 2013.
Temporary and Part-Time Employees
This Agreement does not apply to Temporary Employees or Part-Time Employees.
Conversion of Permanent Positions to Part-Time
If any positions currently in Bargaining Unit “C” are converted to Part-time permanent, all such positions shall continue to be covered by this M.O.U.
Required Class II (B) Driver’s License
Employees who are required to obtain and/or renew a Class II (B) driver’s license shall be permitted to obtain and renew such license on work time provided that
9.9.c
Packet Pg. 184 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 25
MOU 2023-2026
arrangements are made in advance with the supervisor. Additionally, the City shall pay the cost of any medical examinations and any licensing fees to the extent these costs or fees exceed the costs or fees of obtaining a regular (Class C) driver’s license.
ARTICLE XXII
CLASSIFICATIONS WITHIN UNIT “C”
The City recognizes the Union as the sole and exclusive representative for the General Employee Bargaining Unit “C” consisting of the following classifications, as well as any new classifications which may be assigned to this representation unit by the City Manager:
Fleet Services Coordinator, Maintenance Worker I,
Maintenance Worker II, Senior Maintenance Worker, Building Inspector, Construction Inspector, Building Trades Worker I and Building Trades Worker II.
The current salary ranges for the classifications within Unit “C” are listed on Exhibit A.
ARTICLE XXIII
PROMOTION SELECTION PROCESS
The City will take all reasonable steps to avoid the use of City employees as oral board raters when a promotional selection process is administered. This action shall not restrict the City from use of City employee oral board members if circumstances prevail necessitating such use as deemed appropriate by City management. Also, the intent of this article shall not restrict City management from using City employees in an administrative capacity in any or all parts of a Selection Process.
This article does not relate to the final interviews conducted by City management prior to actual promotion offers made by Management on behalf of the City of Pleasant Hill.
Positions will be posted internally for a minimum of two weeks. If there are fewer than three (3) internal applicants, City may then post externally.
Among the qualified applicants for the position, length of City service, merit and ability will be factors in the employee’s behalf in making the appointment.
ARTICLE XXIV
EMPLOYEE RIGHTS
Employees shall have the right to Union representation upon request at disciplinary or investigatory meetings. Records of discipline shall be removed from an employee’s file in accordance with the following schedule, provided there has been no recurrence within the stated time:
9.9.c
Packet Pg. 185 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 26
MOU 2023-2026
Written reprimands – two (2) years. Suspensions of one day – three (3) years.
More serious discipline – no scheduled removal.
The Probation Period for new employees shall be twelve (12) months as calculated in Personnel Rules and Regulations. In the case of new employee’s starting at “A” step, however, the employee shall receive a step increase to “B” step after six (6) months,
provided the employee’s performance is rated no lower than “meets standard” in all categories; the employee’s probation shall continue for the remainder of the twelve (12) month probationary period regardless of whether the employee’s salary is increased from Step “A” to Step “B”.
The Probation Period shall be six (6) months for current employees who have already completed an initial probation in another City of Pleasant Hill position.
ARTICLE XXV
CITY RIGHTS CLAUSE
It is understood and agreed that the City retains all of its powers and authority to manage municipal services and the work force performing those services subject to the provisions of this understanding and applicable law.
It is agreed that during the term hereof the City shall not be required to meet and confer on matters which are solely a function of management, including the right to:
Determine and modify the organization of City government and its constituent work units.
Determine the nature, standards, levels, and mode of delivery of services to be offered to the public.
Determine the methods, means and the numbers and kinds of personnel by which services are to be provided.
Determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for.
Direct employees, including scheduling and assigning work, work hours, and overtime.
Establish employee performance standards and to require compliance therewith.
Impose discipline subject to requirements of applicable law.
9.9.c
Packet Pg. 186 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill-PEU Local One Page 27
MOU 2023-2026
Implement rules, regulations, and directives consistent with law and the specific provisions of this MOU.
Take all necessary actions to protect the public and carry out its mission in emergencies.
Decisions under this Article shall not be subject to the grievance procedure except as provided elsewhere in the MOU. Nothing in this Article shall relieve the City of its obligation to meet and confer on the impact of the exercise of rights enumerated herein to the extent that they are within the scope of representation and subject to meet and confer under Meyers-Milias-Brown Act.
ARTICLE XXVI
TERM OF AGREEMENT
This Agreement shall take effect as of September 1, 2023 upon adoption by the City Council following ratification and signing by the Union, and shall continue in full force through midnight, August 31, 2026.
AS WITNESSED HERETO by the following parties this day of ,2023:
For the City of Pleasant Hill: For Public Employees Union, Local 1:
Ethan Bindernagel Jason Williamson
City Manager President
Ericka Mitchell Vince Scudero
Chief Human Resources Officer Union Bargaining Team Member City Bargaining Team Member
NEGOTIATED: NEGOTIATED:
Gregory Ramirez, Chief Negotiator Jeff Apkarian, Chief Negotiator Industrial Employers and Business Representative
Distributors Association Public Employees Union Local One
9.9.c
Packet Pg. 187 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill
-PEU Local One Page 28
MOU 2023-2026
ExhibitA
RANGE A B C D E F POSITION
50 4608 4978 5159 5419 5681 5976
55 4724 5037 5285 5552 5826 6121
60 4855 5159 5419 5681 5976 6269 MAINTENANCE WORKER I
65 4963 5276 5542 5819 6115 6411
70 5082 5417 5685 5971 6268 6579
75 5206 5541 5819 6115 6411 6731 BUILDING TRADES WORKER I 80 5443 5786 6076 6381 6702 7039 MAINTENANCE WORKER II
85 5467 5819 6115 6411 6731 7067
90 5618 5969 6264 6579 6907 7254
95 5681 6115 6411 6731 7069 7419
100 5960 6324 6645 6974 7328 7690
105 6021 6411 6731 7065 7455 7788
110 6313 6702 7038 7391 7756 8147
115 6326 6731 7067 7419 7792 8181
120 6494 6907 7252 7614 7998 8399 BUILDING TRADES WORKER II 125 6644 7067 7419 7792 8181 8585
130 6813 7252 7613 7998 8755 8820
135 7089 7569 7944 8350 8762 9200 FLEET SERVICES COORDINATOR 140 7166 7613 7998 8400 8820 9253
142 7203 7688 8069 8473 8900 9347 BLDG./CONSTRUCTION INSPECTOR 145 7307 7792 8176 8585 9021 9468
150 7461 7944 8348 8762 9200 9667
155 7686 8176 8585 9021 9468 9940
160 7888 8398 8820 9254 9724 10206
165 8154 8762 9200 9667 10144 10645 SENIOR MAINTENANCE WORKER 170 8279 8820 9254 9724 10570 10713
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2023 3.25%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
9.9.c
Packet Pg. 188 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill
-PEU Local One Page 29
MOU 2023-2026
RANGE A B C D E F G POSITION
50 4758 5140 5327 5596 6056 6170 6324
55 4877 5200 5457 5733 6015 6320 6478
60 5013 5327 5596 5866 6170 6473 6635 MAINTENANCE WORKER I 65 5125 5447 5722 6008 6314 6619 6784
70 5248 5593 5870 6165 6472 6792 6962
75 5375 5721 6008 6314 6619 6949 7123 BUILDING TRADES WORKER I 80 5620 5974 6273 6588 6920 7268 7450 MAINTENANCE WORKER II 85 5645 6008 6314 6619 6949 7296 7478
90 5801 6163 6467 6792 7132 7490 7677
95 5866 6314 6619 6949 7299 7660 7852
100 6153 6530 6861 7201 7567 7940 8139
105 6217 6619 6949 7294 7697 8041 8242
110 6518 6920 7267 7631 8008 8412 8622
115 6531 6949 7296 7660 8045 8447 8658
120 6705 7132 7488 7862 8258 8672 8889 BUILDING TRADES WORKER II 125 6859 7296 7660 8045 8447 8864 9086
130 7034 7488 7861 8258 9039 9107 9399
135 7320 7815 8202 8622 9047 9499 9736 FLEET SERVICES COORDINATOR 140 7399 7861 8258 8673 9107 9554 9793
142 7437 7938 8331 8748 9189 9651 9892 BLDG./CONSTRUCTION INSPECTOR 145 7545 8045 8442 8864 9315 9776 10020
150 7704 8202 8620 9047 9499 9981 10231
155 7936 8442 8864 9315 9776 10263 10520
160 8144 8671 9107 9555 10040 10538 10801
165 8419 9047 9499 9981 10474 10991 11266 SENIOR MAINTENANCE WORKER 170 8548 9107 9555 10040 10913 11062 11339
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2024 3.25%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
9.9.c
Packet Pg. 189 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU) Pleasant Hill
-PEU Local One Page 30
MOU 2023-2026
RANGE A B C D E F G POSITION
50 4924 5320 5513 5791 6268 6386 6546
55 5048 5382 5648 5934 6226 6542 6705
60 5188 5513 5791 6071 6386 6699 6867 MAINTENANCE WORKER I 65 5304 5638 5922 6219 6535 6851 7022
70 5431 5789 6076 6381 6698 7030 7205
75 5563 5921 6219 6535 6851 7193 7372 BUILDING TRADES WORKER I 80 5816 6184 6493 6819 7162 7522 7710 MAINTENANCE WORKER II 85 5843 6219 6535 6851 7193 7552 7740
90 6004 6379 6694 7030 7381 7752 7946
95 6071 6535 6851 7193 7554 7928 8126
100 6369 6759 7101 7453 7831 8218 8423
105 6435 6851 7193 7550 7967 8322 8530
110 6746 7162 7521 7898 8288 8706 8924
115 6760 7193 7552 7928 8327 8743 8961
120 6939 7381 7750 8137 8547 8976 9200 BUILDING TRADES WORKER II 125 7100 7552 7928 8327 8743 9175 9404
130 7280 7750 8136 8547 9355 9426 9728
135 7576 8088 8489 8924 9363 9832 10077 FLEET SERVICES COORDINATOR 140 7658 8136 8547 8977 9426 9888 10136
142 7697 8216 8622 9054 9511 9988 10239 BLDG./CONSTRUCTION INSPECTOR 145 7809 8327 8737 9175 9641 10118 10371
150 7973 8489 8921 9363 9832 10331 10589
155 8213 8737 9175 9641 10118 10623 10888
160 8429 8975 9426 9890 10392 10907 11180
165 8713 9363 9832 10331 10841 11376 11660 SENIOR MAINTENANCE WORKER 170 8847 9426 9890 10392 11295 11449 11735
CITY OF PLEASANT HILL - PUBLIC EMPLOYEES UNION, LOCAL #1 EFFECTIVE 09/1/2025 3.50%
Adopted by Resolution XX-XX on [Insert Month, Day, Year]
9.9.c
Packet Pg. 190 Attachment: Exhibit 2 - Local 1 MOU - September 1, 2023 through August 30, 2026 (Local 1/AFSCME Successor MOU)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: SUMMARY OF THE CITY OF PLEASANT HILL'S AMERICAN
RESCUE PLAN ACT (ARPA) BUDGET AND UPDATE ON THE
BUSINESS SUPPORT INITIATIVE
SYNOPSIS
This report provides a summary of the City’s American Rescue Plan Act (ARPA) budget, through June 30, 2023, and an update on the City’s ARPA Business Support Initiative, including the Perks Card and Technical Assistance Grant programs.
DISCUSSION
American Rescue Plan Act
On March 11, 2021, the American Rescue Plan Act (ARPA) signed into law a $1.9 trillion stimulus bill to assist with the impacts of COVID-19. Among other provisions, ARPA established a State and Local Fiscal Recovery Fund, which provides $130 billion for local governments to enable them to continue to support the public health response and assist with economic recovery. Eligible costs must be expended between March 3, 2021 and December 31, 2026, and obligated by December 31, 2024.
The City of Pleasant Hill received $8.3 million in ARPA funds. On April 18, 2022, the City Council adopted Resolution 28-22, which elected the $10 million standard allowance under the revenue loss category. The standard allowance simplified the ARPA administration for staff, and eligible costs in the revenue loss category is for government services. ARPA has defined government services to generally include any service traditionally provided by a government (PP.9 of the Coronavirus State & Local Fiscal Recovery: Overview of the Final Rule) and only a few ineligible costs such as debt service, additional pension payments, and legal settlements.
Staff has updated the approved requests and amount spent through June 30, 2023, as highlighted in Exhibit 1.
10.1 Packet Pg. 191
Exhibit 1: ARPA Approved Requests and Amount Spent
Project Description Status Authorized Spent to Date Remaining
MAJOR USES
PUBLIC SECTOR REVENUE LOSS CATEGORY (Elected up to $10 million Standard Allowance):
WATER, SEWER & BROADBAND INFRASTRUCTURE:
Gregory Gardens Storm Drain Complete $ 1,518,584 $ 1,518,584 $ - Diablo View Storm Drain Improvement Project Complete $ 387,163 $ 387,163 $ - PUBLIC HEALTH & ECONOMIC RESPONSE:
Audio Visual & Broadcast System in Council
Chambers Complete $ 145,951 $ 145,951 $ -
Chamber of Commerce Complete $ 60,000 $ 60,000 $ -
Safety - Cleaning & Supplies Complete $ 144,095 $ 144,095 $ - Police Department Radios Complete $ 672,510 $ 672,510 $ - Business Grants & Assistance
PERKS Phase I - Complete
PERKS Phase II/Technical
Assistance Grant Program - In
Process $ 500,000 $ 150,074 $ 349,926
Crossing Guard Services
FY 23 Complete and FY 24
Ongoing $ 309,972 $ 140,155 $ 169,817
CORE Homeless Program
FY 23 Complete and FY 24
Ongoing $ 259,582 $ 124,582 $ 135,000
Library Service
Monday hours for FY 23
Complete and FY 24 Ongoing $ 327,699 $ 100,451 $ 227,248 Underground Storage Tank at PD Construction in FY 24 $ 1,200,000 $ - $ 1,200,000 Downtown Street Tree Replacement Project Construction in FY 24 $ 100,000 $ 856 $ 99,144 City Hall Pond & Fountain Project
Design in FY 24 and
Construction in FY 25 $ 870,000 $ 11,385 $ 858,615
Digital Documentation Accessibility
Approved by City Council on
11/6/2023 $ 350,000 $ - $ 350,000
Back Up Generator Corporation Yard & City Hall (*) RFP in Process $ 700,000 $ - $ 700,000
PREMIUM PAY FOR ESSENTIAL WORKERS
Retention of Essential Employees Complete $ 437,000 $ 437,000 $ -
GOVERNMENT SERVICES
Government Services $ 351,673 $ - $ 351,673
TOTAL $ 8,334,229 $ 3,892,805 $ 4,441,424
City of Pleasant Hill ARPA as of June 30, 2023
ARPA Business Support Initiative
On September 22, 2021, the Budget Committee recommended that Council allocate $500,000 in ARPA funding to assist the City’s businesses. On November 1, 2021, the City Council approved the allocation (Resolution No. 68-21), appropriating $500,000 in ARPA funds for business grants and other programs (“Business Support Initiative”).
Between November 2021 and November 2023, the Economic Development Committee held 14 meetings to establish and manage business support programs that would comprise the City’s ARPA Business Support Initiative. Exhibit 2 below summarizes the Initiative’s expenses incurred and committed.
10.1 Packet Pg. 192
Exhibit 2: ARPA Business Support Initiative Budget, to-date Total Spent Committed
Pleasant Hill Perks $206,794 $164,026 $42,768
Perks 50% Bonus Cards $137,861 $117,609 $20,252
Perks processing fees (for consumer-purchased Perks cards and City-purchased bonus Perks cards) $17,139 $14,623 $2,516 Set aside to be used if Perks Cards Balance reaches $0 prior to next ED Committee meeting $20,000 $20,000
Marketing/Outreach $31,794 $31,794
Technical Assistance Grant Program $283,206 $137,957 $145,249 Phase I Reimbursements Approved/Processing (21 businesses) $157,296 $137,957 $19,339 Phase II Grant Applications Received (11 businesses) $82,500 $82,500 Phase II Balance (enough for 5 additional grant awards at the $7,500 max and 1 additional grant award of $5,910) $43,410 $43,410 Event Sponsorships $5,000 $5,000
Opportunity Sites Map $5,000 $5,000
$500,000 $306,983 $193,017
Pleasant Hill Perks
Since its launch in May 2022, a total of 1,076 unique customers have purchased 5,073 Perks egift cards ranging from $5 to $100. These cards total $360,370, of which $296,284 has been spent so far at 61 participating Pleasant Hill Perks businesses. Attachment 1 shows the names and locations of participating Perks establishments.
Prior to the implementation of the program, City staff and temporary “Perks Ambassadors” staff visited and re-visited over 200 eligible Perks establishments to provide them the opportunity to enroll as a Perks participant. These visits also enabled the City to collect up-to-date contact information that is now used to disseminate information to the City’s merchants.
In November 2023, the City produced and released a series of Perks videos to educate the public about the benefits of Perks cards and how they can be used to support local businesses. The videos promote 10 local restaurants and retailers in addition to the Perks program itself, and have been viewed 19,452 times on Facebook, Instagram, and YouTube.
Exhibit 3: Pleasant Hill Perks Usage Data
Unique Purchasers 1,076
Number of Perks Cards Purchased (initial and bonus cards) 5,073 Total Dollar Amount of Perks Cards $360,370*
Consumer-purchased Perks Cards $242,761
City-provided "50% Bonus" Cards $117,609
* This amount does not include $14,623 in Perks Card transaction fees, which are paid by the City. * Of the $360,370 in Perks Cards purchased, $296,284 has been redeemed to date.
10.1 Packet Pg. 193
Social Media and Website Technical Assistance Grant Program Staff worked with the Economic Development Committee to develop a Technical Assistance Grant Program that provides grants up to $7,500 to assist storefront retail, restaurant, and personal care service businesses to enhance their technical capacity across several categories, including:
Website development and design
On-line ordering, pickup, and/or delivery functionality Social media setup, strategy, and content creation
Digital marketing, email marketing, and paid social media advertising (content and strategy only, not advertising costs)
Brand strategy and development
Graphic design
Photography
Video production (including drone and animated videos) Prior to publishing the technical assistance grant application, the City conducted a Request for Qualifications to identify consultants who could provide the eligible technical services to the grant recipients. Seven consultants were selected and provided to grantees upon application approval. Grantees are able to select one single consultant or multiple consultants, and have the option of working with consultants on the City’s consultant list or consultants not on the list.
Grants are provided on a reimbursable basis, meaning that grantees must first complete the eligible technical services and then submit a reimbursement request form to the City. Businesses have four months from their grant approval date to complete at least 50 percent of the technical services they wish to be reimbursed for.
Forty-one businesses were approved in Phase I of the Technical Assistance Grant Program, with 21 of them gaining reimbursement eligibility and 20 of the merchants not completing any eligible technical services prior to expiration of the four-month deadline. Reasons provided by businesses for not completing grant eligible work included not being able to receive approval from their corporate office to proceed, deciding that the work was not needed, and being too busy to undertake the technical improvements.
At its November 16, 2023 meeting, the Economic Development Committee directed staff to reopen the application portal and launch Phase II of the Technical Assistance Grant Program. Staff emailed all City businesses with a business license about the application relaunch, and also called each of the 20 businesses who did not complete eligible work in Phase I of the program.
The Pleasant Hill Chamber of Commerce also conducted businesses outreach regarding Phase II of the grant program by including an article in its e-newsletter. So far, six businesses from Phase I have re-applied, and five new businesses have applied as part of Phase II.
Attachment 2 shows the list of Technical Assistance Grant Program businesses, and Attachment 3 includes testimonials from grant recipients.
10.1 Packet Pg. 194
Economic Development Opportunity Sites Map
An Opportunity Sites Map would provide prospective developers, brokers, and business owners considering an investment in the City with a tool to review key undeveloped parcels, as well as available spaces for lease.
Economic Development Sponsorships
The Economic Development Committee has approved two event sponsorships to be funded through the ARPA Business Support Initiative – the East Bay Jewish Film Festival in February 2023 and the Pleasant Hill Chamber of Commerce Art, Wine and Music Festival in May 2023.
FISCAL IMPACT
There is no fiscal impact to the City’s General Fund; the funds have been previously appropriated by the City Council from federal ARPA funds passed through the State to the City.
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
Receive the summary of the City’s ARPA budget and the update on the ARPA Business Support Initiative.
ALTERNATIVES TO RECOMMENDED ACTION
The Council could choose not to receive the summary and the update on the Business Support Initiative, and provide direction to staff.
ATTACHMENT(S):
1) List and Locations of Perks Businesses
2) List of Technical Assistance Grant Recipients
3) Technical Assistance Grant Recipient Testimonials
Prepared by: Erick Cheung, Finance Manager
Zach Seal, Economic Development Manager
Approved by: Ethan Bindernagel, City Manager
10.1 Packet Pg. 195
3 1
49 26
32 14
30 2
42 18
39 28
59 58
11 44
17 10
13 15
34 60
36 19
51 24
38 22 35 56
40 9 46 55 57
25 45
6 64
43 16 37
52 61 53 8
4 31
50 12 62
20 5 33 63 65
54 27
41 29
7 21
23 48
680
680
TAYLOR BLVD.
GREGORY LN.
BOYD RD.
OAK PARK BLVD.
GEARY RD.
TAYLOR BLVD.
CONTRA COSTA BLVD.
PLEASANT HILL RD.
242
Pleasant Hill Perks
Participating
Businesses
2 1
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
41 42
43 44
Arrive Nutrition Center
2638 Pleasant Hill Rd
Avalon Nail Spa
2210 Morello Ave
Back Forty Texas BBQ
100 Coggins Drive
Batter 'N Icing - Pleasant Hill
65B Crescent Drive
Big Dave Bikes
609 Gregory Lane
Club Pilates
20 Crescent Drive
Cool Tops Cuts for Kids
2255 Contra Costa Blvd
Crescent Bistro
45 Crescent Drive
Concord Feed and Pet Supply
228 Hookston Rd
Damo Sushi
508 Contra Costa Blvd
Desired E ect
1948 Oak Park Blvd
Diablo Trophy
1922 Contra Costa Blvd
East Bay Wholesale Outlet
521 Contra Costa Blvd
El Tapatio Restaurant
40 Golf Club Rd
Escobar Tailors
2375 Contra Costa
Estates Consignments
1500 Contra Costa Blvd
Flamingo Nail & Spa
1420 Contra Costa Blvd
Furniture Today
1600 Contra Costa Blvd
GMG Cleaners
1946 Contra Costa Blvd
El Morocco Restaurant
2203 Morello Ave.
21 22 Hair at the Ritz
81 Gregory Lane, Suite 120
23 Haya Ramen
35 Crescent Drive
Gotta Eatta Pita
35 Crescent Dr. Suite F
24 25
26 27
28 29
30 31
32 33
34 35
36 37
38 39
40 Mings Chinese Restaurant
2653 Pleasant Hill Rd
Mike's Camera
2170 Contra Costa Blvd
Modern Skin Therapy
101 Gregory Lane, Suite 31
Mountain Mike's Pizza
30 Golf Club Rd
My Thai
1600 Contra Costa Blvd
Nama K-Street Food
2375 Contra Costa Blvd
Mountain Mike's Pizza
1962 Contra Costa Blvd
Noni's Pet Boutique & Grooming
1945 Contra Costa Blvd
Oak Park Cleaners
1906 Oak Park Blvd
Paris Baguette Pleasant Hill
35 Crescent Dr Suite A
Los Panchos
232 Golf Club Road
JUS Clean Comfort
2685 Pleasant Hill Rd E
Jack's Restaurant
60 Crescent Drive
La Mordida Restaurant
607 Gregory Lane
Latte Da Espresso & More
1902 Oak Park Blvd
Little Red Bistro
690 Gregory Lane
I heart art
15 Vivan Drive
Posh Bagel
1420 Contra Costa Blvd
Restore Hyper Wellness
40 Crescent Drive
Pleasant Hill Florist
690 Gregory Lane
Rooted Co ee Co.
1941 Oak Park Blvd
62 63
64 65
45 46
48 49
50 51
52 53
54 55
56 57
58 59
60 61
Your Perfect Smile Teeth
Whitening Salon
101 Gregory Lane, Suite 25
Zachary's Chicago Pizza
140 Crescent Drive
Zio Fraedo's
611 Gregory Ln
Yopop Frozen Yogurt
1926 Contra Costa Blvd
T'zunun Restaurant
2618 Pleasant Hill Rd.
T&T Beauty Spa
1944 Contra Costa Blvd
Spavia Day Spa
45 Crescent Drive
47 47
Sourdough & Co
1924 Contra Costa Blvd
Salon Avalon
55 Crescent Drive
Taqueria Pleasant Hill
1675 Contra Costa Boulevard
The Cheese Steak Shop
2380 Monument Blvd
The Plant Pantry Shop
2100 Monument Blvd Ste 20
The Sanctuary Holistic Healing
Center 609 Gregory Lane #220
UPS Store
25A Crescent Drive
Togo's Sandwiches
55 Crescent Drive
Urban Plates
60 Crescent Drive, Suite B
Wence's Restaurant
1922 Oak Park Blvd
Yaedam Korean BBQ
1428 Contra Costa Blvd
Yogurtland
2390 Monument Blvd
WiseGirl Restaurant
1932 Oak Park Blvd
Row House
20 Crescent Drive
ALHAMBRA AVE.
MORE LLO AVE.
GOLF CLUB RD.
SECOND AVE.
CHILPANCINGO PKWY.
PASO NOGAL RD.
10.1.a
Packet Pg. 196 Attachment: Attachment 1 - List and Locations of Perks Businesses (ARPA and Business Support Website and Social Media Technical Assistance Grant Recipients Phase I
Grant Applications Approved
Reimbursements Provided or Processing
Align Yoga Personal Care Service
Batter 'N Icing Restaurant
Crescent Bistro Restaurant
D House Nails Personal Care Service
Desired Effect Retail
East Bay Wholesale Outlet Retail
Escobar Tailors Personal Care Service
Friends of the Pleasant Hill Library Retail
Los Panchos Restaurant
Matsu Sushi Restaurant
Modern Skin Therapy Personal Care Service
Noni's Pet Boutique Retail
Oak Park Cleaners Retail
Prive Goldsmith Fine Jewelry Retail
Remedy + Ritual Personal Care Service
Row House Personal Care Service
Sanctuary Holistic Center Personal Care Service
Sue's Hair Salon Personal Care Service
Supercuts Personal Care Service
T&T Beauty Spa Personal Care Service
Your Perfect Smile Personal Care Service
.
Phase II
Grant Applications Approved
Reimbursement Requests to be Reviewed Once Eligible Work is Completed Banju (formerly Pollo Pollo) Restaurant
Big Dave's Bikes Retail
European Touch Day Spa Personal Care Service
Gotta Eatta Pita Restaurant
Innovation Hair Salon Personal Care Service
Minuteman Press Pleasant Hill Retail
Pleasant Hill Florist Retail
Rooted Restaurant
Salon Avalon Personal Care Service
The Centered Body Personal Care Service
Yaedam Korean BBQ Restaurant
10.1.b
Packet Pg. 197 Attachment: Atttachment 2 - List of Technical Assistance Grant Recipients (ARPA and Business Support Initiative Update) Testimonials from Technical Assistance Grant Recipients Align Yoga
This has been an amazing opportunity to help us build a solid brand and move forward with a plan in place with social media marketing for our studio and for the community as a whole. I am so excited to see how the next few months will bring positive changes to our studio community.
Batter 'N Icing
Thank you for the grant to help small businesses. We used the grant to revamp our website to a more user-friendly interface and follow better guidelines to become easily searchable on both mobile and desktop devices. This grant has helped our business reach more customers through the email marketing which has already been implemented and the new website which is almost complete.
Crescent Bistro
It was amazing, super helpful in getting website pages updated and email marketing started!
Desired Effect
We are very grateful for the grant, we've known for a while we needed to have more presence on social media and this was just the kick in the pants we needed. I appreciated the list of prevetted consultants. Having this list was a great starting point because meeting with multiple people gave me a better sense for what was possible – without it would have been overwhelming to research consultants.
East Bay Wholesale Outlet
The consultant has helped us finally get a website for our store.
We are confident this will help drive more customers to our store and social media pages and therefore hopefully increase our business and sales.
Escobar Tailors
This opportunity was timely as we had been thinking about how to increase traffic to our store and also have an online presence.
It also confirmed that these type of projects require time and patience and most of all expertise. We are thankful that we can leverage this grant to help us work with experts in this field.
Friends of the Pleasant Hill Library
This was a big help to our business as we don't have full time professional marketing people in our organization. I'm glad that the City is able to help small businesses these days, especially since all the money we make goes back into the community by supporting programs at the library.
Los Panchos Restaurant
We were so excited when we found out we were chosen as a recipient of this grant. This gave us the perfect opportunity to not only get our website compliant but the ability to have someone guide us on how we can make our presence even better.
We are almost done creating our official website and can't wait to reveal it.
10.1.c
Packet Pg. 198 Attachment: Atttachment 3 - Technical Assistance Grant Recipient Testimonials (ARPA and Business Support Initiative Update) Testimonials from Technical Assistance Grant Recipients Modern Skin Therapy
This grant is going to help us with website development, social media content, and other web content! Thanks for the help! Oak Park Cleaners The (new) Oak Park Cleaners website will bring more customers.
Prive Goldsmith Fine Jewelry
It’s been amazing, I had the opportunity to build an e-commerce website from scratch.
Remedy + Ritual
This grant could not have come at a better time. At the beginning of this year, we looked around for help in expanding our business presence online and doing an overhaul of our website. Needless to say, the cost for this work is expensive. We feel strongly that with the help of this grant our new branding/website will draw in more clientele and make us more known in our community.
Row House Pleasant Hill
Helped us with marketing ideas to grow our business and find the ideal customer.
Sue's Hair Salon
This grant helped us tremendously. It gave us an opportunity to partner with a web designer who knew what they were doing.
Provided us a chance to get more exposure to our community and draw in more guests. Thank you!
Supercuts
It really helped us in our digital marketing and content creation. It will also help us going forward.
T&T Beauty Spa
This is an amazing program from the City of Pleasant Hill to support businesses. As a small local business owner, this is a big gift to me that I will always appreciate. Your support means the world with me. Much appreciation for all that you have done for local businesses. Love Pleasant Hill!
The Sanctuary Holistic Healing
Center
I am grateful for this grant! In a business that survived the pandemic, trying to get ahead and get on top of updates has been a bit of a challenge. I desperately needed to update and revamp my website, and learn how to navigate social media. I typically do referral-based networking to gain clientele but need to be up-to-date with where people are looking for business. I am now able to update my brand as it has changed slightly with growth from being a one-woman business to having employees and tenants.
Your Perfect Smile
With this grant, I am in the process of revamping/branding my business presence, updating my logo, website, and social media presence, and hoping to drive new business in the door!
10.1.c
Packet Pg. 199 Attachment: Atttachment 3 - Technical Assistance Grant Recipient Testimonials (ARPA and Business Support Initiative Update)
CITY COUNCIL STAFF REPORT
Meeting Date: December 18, 2023
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: PUBLIC HEARING AND INTRODUCE ORDINANCE NO. ___
REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE
2023-2031 HOUSING ELEMENT AND AMENDING PLEASANT HILL
MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXED-USE DISTRICTS), AND
AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER
18.55 (OFF-STREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS)
SYNOPSIS
The City is proposing to rezone specific parcels designated as opportunity sites in the 2023-2031 Housing Element, as well as amend various sections of the City’s Zoning Ordinance (Pleasant Hill Municipal Code (PHMC) Title 18). The proposed amendments include modifications to existing residential zoning district land use and development standards (PHMC Chapter 18.20), and the introduction of new land use and development standards for new mixed-use zoning districts (PHMC Chapter 18.22). Related amendments are also proposed for use classification (PHMC Chapter 18.50), off-street parking and loading regulations (PHMC Chapter 18.55), and definitions (PHMC Chapter 18.140). All of the proposed zoning ordinance amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element. The Planning Commission reviewed the proposed amendments and recommended approval to the City Council.
DISCUSSION
Background
2040 General Plan: The City adopted the 2040 General Plan (“General Plan”) on May 18, 2023.
The General Plan is a long-range planning document that guides decision-making and establishes goals, policies and programs for the City, including future private and public development.
The City is first focusing on establishing development provisions related to Housing Opportunity Sites, as noted in the recently adopted 2023-2031 Housing Element (See Attachment F; Figure 4- 48), which include rezoning parcels to multi-family residential or mixed-use designations to satisfy
10.2 Packet Pg. 200
the City’s Regional Housing Needs Allocation (RHNA) obligation. A comprehensive zoning ordinance update that implements the remaining land use-related provisions of the recently adopted General Plan will follow this effort in 2024.
2023-2031 Housing Element: The City also adopted the 6th Cycle Housing Element for 2023- 2031 on May 18, 2023, which was subsequently certified by the State of California Housing and Community Development Department (HCD) on November 22, 2023.
As part of the Housing Element, the City demonstrated how it will accommodate its allocation of 1,803 RHNA units for the current 6th Cycle. Because existing conditions could not accommodate the planned production of 1,803 units (at various income levels) over the next eight years, the City was required to rezone land to meet its RHNA obligation. The proposed development standards currently before the City Council focus on the housing opportunity sites identified in the Housing Element that must be rezoned to multi-family residential or mixed-use designations.
AB 1398: The City is subject to the provisions of Assembly Bill 1398 (AB 1398), which requires the City to rezone any site identified in the Housing Element within one year of the deadline to certify the Housing Element, or January 31, 2024.
Planning Commission Study Session: On November 1, 2023, the Planning Commission held a study session to review and provide preliminary feedback on proposed zoning ordinance amendments. The Commission was generally supportive of the changes, but asked Staff to consider the following clarifications and modifications:
Incorporate more flexibility in the minimum percentage of commercial square footage proposed for mixed-use zones, and consider a waiver/reduction process where a 25-percent minimum commercial requirement may not be feasible or desirable; For context, provide examples of projects with Floor Area Ratios (FAR) that are comparable to the new zoning designations;
Research other jurisdictions’ minimum commercial requirements in mixed-use zones.
Six members of the public spoke at the meeting and expressed concerns with the proposed building heights, noise impacts on existing residential neighborhoods, the City’s noticing of the agenda item, and the potential impacts to two Housing Element Opportunity Sites at Paso Nogal and Morello.
Planning Commission Hearing: On November 29, 2023, the Planning Commission reviewed the proposed ordinance amendments at a Public Hearing and acknowledged that the zoning ordinance amendments addressed the Commission’s comments previously provided at the Study Session.
The Planning Commission adopted Resolution No. 23-23 that forwarded a recommendation to the City Council to adopt the proposed ordinance amendments (Attachment D).
Three members of the public spoke at the meeting and expressed concerns with the reduced parking requirements, rainwater capture for new developments, and questions about the rezoning process for sites not currently envisioned to be rezoned.
Analysis
10.2 Packet Pg. 201
Multi-family Residential Zoning Ordinance Amendments (PHMC Chapter 18.20) The City is proposing several amendments to the existing residential zoning ordinance chapter (PHMC Chapter 18.20) to accommodate the additional density and potential multi-family development envisioned in the General Plan and Housing Element.
The primary change to this chapter is the introduction of a Multi-Family – Very High Density (MRVH) zoning district with a permitted density range between 40 and 73 dwelling units per acre. This new zoning district implements the new Multi-Family Very High Density General Plan designation.
The amendment also clarifies that the provisions of the residential hillside planned unit development (HPUD) zoning designation do not apply to the two vacant parcels known as the Morello Terraces and Paso Nogal sites, which are identified in the Housing Element as necessary to rezone to meet the RHNA requirement.
Land Use Regulations for Residential Zoning Districts (PHMC Section 18.20.020): The permitted land uses for the residential zoning districts remain relatively unchanged. Allowable land uses within the MRVH zone are proposed to be consistent with those permitted within the other multi-family zones.
Development Standards for Residential Zoning Districts (PHMC Section 18.20.030): The proposed ordinance amends the existing development standards for multi-family zones to ensure that development at the desired densities is feasible. Minimum lot area, lot depth, and setback requirements are proposed to be reduced for the multi-family medium, high, and very high density zones. Additionally, maximum building height will proportionally increase from 35 feet to 60 feet across the multi-family zones as density increases, and maximum lot coverage will proportionally increase from 40% to 70% across the multi-family zones as density increases.
There are no proposed changes to these development standards for single-family zones.
The existing “maximum number of stories” regulation is proposed to be eliminated for all multiple-family residential districts, leaving height as the primary regulating standard. However, additional development regulations have also been included that require buildings over 35 feet tall to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties.
Finally, the open space requirement has also been simplified for multi-family developments to reference instead the Residential Guidelines and Objective Design Standards, which have design guidelines, and standards for both private and common open space design. This proposed change also seeks to eliminate duplication between the ordinance and design standards.
New Mixed-Use Zoning Land Use and Development Standards (PHMC Chapter 18.22) The City is proposing to introduce a new Mixed-Use Chapter within the Zoning Ordinance (PHMC Chapter 18.22) to implement the new mixed-use general plan designations. There are four proposed mixed-use zones, each corresponding to the four mixed-use general plan designations, as follows:
10.2 Packet Pg. 202
1. MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between 1 and 20 units per acre.
2. MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiplefamily residential uses including live work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.
3. MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use).
Multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.
4. MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixeduse) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.
Land Use Regulations for Mixed-Use Zoning Districts (PHMC Section 18.22.020): The intent is for each mixed-use zone to include a combination of residential and commercial uses. Permitted residential uses mirror those allowed in multi-family zones. “Mobile home park” has been added as a new use classification and permitted in all mixed-use zones to accommodate a variety of housing types within the City and to clarify that the existing mobile home park in the City is an allowed residential use in its current location. In addition to residential related uses, the proposed permitted and conditionally permitted commercial land uses include retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with mixed-use development.
Minimum Commercial Floor Area: At the November 1, 2023 Planning Commission Study Session, Staff proposed a minimum commercial floor area (25 percent) in mixed use zoning to ensure that those areas of the City zoned as mixed-use do not become entirely residential. The concern was heightened along significant commercial cores and corridors, such as the downtown or Oak Park Boulevard. The Planning Commission appreciated the concern, but sought
10.2 Packet Pg. 203
flexibility in applying the limitation on a warranted basis. Thus, based on comments received from the Planning Commission at the Study Session, Staff revised the proposed requirement to reflect a tiered approach to the minimum percentage of commercial uses required within mixeduse developments. The tiers range from 25 percent to 15 percent to 10 percent, depending on whether a parcel fronts a major commercial corridor or arterial, as follows:
25% MINIMUM
COMMERCIAL
REQUIREMENT (of total
gross floor area)
15% MINIMUM
COMMERCIAL
REQUIREMENT (of total
gross floor area)
10% MINIMUM
COMMERCIAL
REQUIREMENT (of total
gross floor area)
Contra Costa Boulevard Gregory Lane
All remaining areas
Golf Club Drive Oak Park Boulevard
Monument Boulevard Pleasant Hill Road
Downtown Ellinwood Way
A map of these areas is also provided in Attachment E for reference.
The minimum percentage of commercial floor area would be calculated based on the gross floor area of the project (which excludes crawl spaces, areas used exclusively for vehicle parking or loading, breezeways, attics without floors, and any open porch, deck, balcony or terrace).
Additionally, an applicant may apply for a use permit to reduce the minimum percentage of commercial floor area (see PHMC 18.22.040.C). A Market/Retail Feasibility Study would be required to justify the proposed reduction in commercial. The study must include an explanation of why the required commercial is not feasible or a demonstration that the net realized benefit of the reduction to the City would be comparable to satisfying the minimum commercial percentage requirement, subject to the Planning Commission’s review and approval. This process allows for greater flexibility for those sites where the minimum percentage of commercial floor area is not feasible or desirable. The Planning Commission was supportive of this approach.
The proposed ordinance also includes an exception from the minimum commercial floor area requirements for existing single-family uses in the mixed-use zones. The exception exempts existing single-family uses from having to provide a minimum percentage of commercial floor area as long as the single-family use continues onsite. This exception is intended to avoid hindering property owners from improving their homes in mixed-use designations. The Planning Commission had discussions on this amendment. In order to provide additional clarification on its applicability, consistent with Commission discussion, Staff is proposing additional ordinance language that this exception also applies to the replacement of a single-family home (not just an addition/improvement), but does not apply to sites that undergo a lot merger with adjacent sites.
In part, this clarification supports the following 2040 General Plan policy:
LU-6.28: Parcel Consolidation. Support parcel consolidation in the East Vivian Neighborhood to stimulate future mixed-use development.
10.2 Packet Pg. 204
The clarifying language is included in the Proposed Ordinance (Attachment A/B) and included below (blue indicates additional proposed language):
18.22.040.B. Mixed-use Commercial Exception. Any existing single-family use in a mixed-use zone (MX-N, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:
1. Sites designated as housing opportunity sites in the Pleasant Hill 6th Cycle Housing Element (2023-2031).
2. Sites that undergo a lot merger with adjacent sites. Any parcels that undergo a lot consolidation shall adhere to all mixed-use use and development standard requirements.
Development Standards for Mixed-Use Zoning Districts (Section 18.22.030): New development standards are included for all mixed-use zones to facilitate well-designed mixed-use projects.
Building setback requirements are slightly less than what would be required in higher density multi-family zones to facilitate active commercial components and desired residential densities.
Maximum building height limitations proportionally increase from 35 feet to 60 feet as density increases across the mixed-use zones, also to accommodate desired residential densities. Mixeduse zones also include a maximum gross commercial FAR requirement ranging from 0.75 to
0.85. Additional development regulations have been included for mixed-uses zones. Buildings over 35 feet tall will be required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties (similar to multi-family development requirements). Unlike multi-family zones, additional development regulations have been included to address ground floor commercial frontages to ensure projects are designed to facilitate viable and active ground floors. These requirements include window transparency requirements, ground floor ceiling heights, ground floor tenant depth requirements, and commercial entry location requirements.
Modifications to Use Classifications (PHMC Chapter 18.50) “Mobile home park” has been added as a new use classification, since it is proposed to be a permitted use in the new mixed-use zones.
Off-Street Parking and Loading Regulations (PHMC Chapter 18.55) The proposed amendments also include a reduction to the parking regulations for multi-family residential projects from 1.5 spaces to 1 space for studios and one-bedroom units, and from 2 spaces to 1.5 spaces for two-bedroom units and larger. Each unit will still be required to provide one covered parking stall. Guest parking spaces are also proposed to be reduced from 1 space for every two units, to 1 space for every four units. At the same time, it is proposed that bicycle
10.2 Packet Pg. 205
parking be required for multi-family development, and proposed at a rate of one bicycle stall for every 10 required parking stalls.
Additionally, in compliance with the General Plan Transportation and Circulation Element requirements, new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, ebike charging stations innovative bus shelter designs).
The reduced vehicle parking requirements, in combination with the new alternative modes of transportation provisions, are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.
Definitions (PHMC Chapter 18.140)
There are several new terms mentioned in the proposed mixed-use chapter that will be incorporated into the definitions chapter of the zoning ordinance.
Other Proposed Amendments
The proposed ordinance amendments include various clarifications that are not considered substantive changes. In summary, modifications include references to ADU’s, landscape-related clarifications, and identifying supportive and transitional housing, which is consistent with State law.
CEQA
On May 18, 2023, the City of Pleasant Hill City Council certified an Environmental Impact Report (EIR) for the 2040 General Plan. The EIR evaluated potential significant impacts that may arise from implementation of the 2040 General Plan and Housing Element and associated Zoning Ordinance Amendments that are necessary to implement both documents. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162, City staff has determined that no further environmental review is required for the proposed ordinance amendments, as the previously certified EIR adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.
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. In addition, a notice was published in the Contra Costa Times Newspaper on December 1, 2023, and December 11, 2023, and published on
10.2 Packet Pg. 206
the City’s City Hall electronic sign, A-Frames at the Police Station and Pleasant Hill Library, and notice of the meeting has also been posted on the City website, and the City’s pleasanthill2040.com website, and emailed directly to individuals who subscribed for General Plan/Housing Element related updates. Finally, the agenda and staff report are posted on the City’s web page.
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 Ordinance (Strikeout/underline)
B Proposed Ordinance (Clean)
C Proposed Ordinance Exhibit A – Zoning Map
D Planning Commission Resolution No. 23-23
E Map Illustrating Minimum Commercial Requirements in Mixed-Use Zones F 2023-2031 Housing Element; Adopted May 18, 2023
G Residential Design Guidelines and Standards
H Public Comments
I Public Notice
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager
10.2 Packet Pg. 207
ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT, AND AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXED-USE DISTRICTS), AND AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER 18.55 (OFFSTREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS) WHEREAS, the Housing Opportunity Sites, identified in the 2023-2031 Housing Element are proposed to be rezoned for consistency with the General Plan and State Housing Element Law; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are related to multi-family residential zoning districts and new mixed-use zoning district, with related amendments to use classifications, off street parking standards and definitions; and WHEREAS, the amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element; and WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 36-23 adopting environmental findings pursuant to the California Environmental Quality Act, certifying the final Environmental Impact Report (EIR) (SCH #2022070095) for the Pleasant Hill General Plan, including the 2023-2031 Housing Element, adopting the Mitigation Monitoring and Reporting Program, and approving the comprehensive update to the City’s existing General Plan; and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 37-23 adopting the City of Pleasant Hill 2023-2031 Housing Element in compliance with State Housing Element Law, repealed the 2015-2023 Housing Element, and certified an Environmental Impact Report (EIR); and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 38-23 adopting the City of Pleasant Hill 2040 General Plan, excluding the 2023-2031 Housing Element, and certification of an EIR; and
WHEREAS, on November 1, 2023, after notice thereof having been duly, regularly and lawfully given, the Planning Commission held a Special Meeting for a Study Session on the proposed ordinance amendments. The Planning provided preliminary feedback and was generally supportive of the changes but asked Staff to consider the following clarifications and modifications:
Incorporate more flexibility in the minimum percentage of commercial proposed for mixed-use zones, and consider a waiver/reduction process where 25-percent minimum commercial may not be feasible or desirable
For context, provide examples of projects with Floor Area Ratio’s (FAR) that are
10.2.a
Packet Pg. 208 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) comparable to the new zoning designations
Research other jurisdictions with minimum commercial requirements in mixed-use zones
Six members of the public spoke at the hearing Six members of the public spoke at the meeting and expressed concerns with the proposed building heights, noise impacts on existing residential neighborhoods, City’s noticing of the item, potential impacts to the two opportunity sites on Paso Nogal and Morello.
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held before the Planning Commission at a Special Meeting, on the proposed ordinance was noticed for November 29, 2023 where all interested persons might appear and be heard; and WHEREAS, on November 29, 2023, at a Special Meeting of the Planning Commission, Resolution No. 23-23 was adopted recommending that the City Council approve 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 December 18, 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:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 the City Council hereby finds that no further environmental review is required for the proposed ordinance amendments as the previously certified EIR (certified on May 18, 2023) adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.
Section 3. Section 18.20.010 Specific purposes – Summary of residential districts is amended as follows:
18.20.010 Specific purposes – Summary of residential districts A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:
1. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan, and with the standards of public health and safety.
2. Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.
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3. Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.
4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.
5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.
6. Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.
7. Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).
B. Summary of residential districts. Eleven residential districts are established to carry out these purposes:
1. R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.
2. R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.
3. R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet.
In the R-6 district, the minimum lot size is 6,000 square feet.
4. MRVL very low density multiplemulti-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and 11.9 units per acre.
5. MRL low density multiplemulti-family residential district. The MRL district allows multiple-family residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.
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Packet Pg. 210 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
6. MRM medium density multiplemulti-family residential district. The MRM district allows multiple-family residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.
7. MRH high density multiplemulti-family residential district. The MRH district allows for intensive multiple-family residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.
8. MRVH high density multi-family residential district. The MRVH district allows for intensive multiple-family residential uses including studio flats, condominiums, and apartments with a density range between 40 and 73 units per acre.
89. HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15 percent% or greater. The following parcels shall be exempt from the HPUD standards established in this title: (Reference: PHMC Chapter
18.35.)
a. 152-010-004 (off of Paso Nogal Road)
b. 154-140-015 (off of Morello Avenue)
10. PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov’t Code § 65589.5.) (Ord. § __-__, 2023; (Ord. 867 § 4, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 2, 2005; Ord. 710 § 35-5.1, 1996; 1991 code § 35-5.1) Section 4. Section 18.20.020 Land use regulations for all residential districts is amended as follows:
Section 18.20.020 Land use regulations for all residential districts In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:
“P” designates use classifications permitted in residential districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution
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Packet Pg. 211 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
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
R-20
R-15
R-10
R-10A
R-7
R-6 MRVL MRL MRM MRH MRVH
Additional Use
Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.P
P
P
P
P
P
P
See PHMC §
18.20.095.
Accessory, junior, dwelling
unit
See PHMC § 18.20.095.P
P
P
–
–
–
– See PHMC §
18.20.095.
Bed and breakfast – – – – – – – –
Care facility, small, licensed P P P P P P P P
Care facility, small,
unlicensed
U U U U U U U U See PHMC §
18.20.075.
Emergency homeless shelter U U U – – – – – Only on church or school sites. See
PHMC §
18.20.085.B and
C.
Family day care home,
largeup to 14 children
P P P P P P P P
Family day care home, small P P P P P P P -
Group residential – – – P P P P P
Home occupation P P P P P P P P See PHMC §
18.20.070.
Multifamily residential – – – P P P P P
Senior housing P P P P P P P P
Single-room occupancy – – – U U U U U See PHMC §
18.20.085.
Single-family residential P P P P P P P P
with boarder or lodger P P P P P P P P No more than 3
boarders or
lodgers.
Supportive housing P P P P P P P P
Transitional housing P P P P P P P P
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Packet Pg. 212 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) Public and Semipublic
Care facility, large, licensed
or unlicensed
–––UUUUU See PHMC §
18.20.075.
CemeteryUUUUUUUU
Clubs and lodgesUUUUUUUU
Community centerUUUUUUUU
Cultural institutionsUUUUUUUU
Day care, generalUUUUUUUUL-1
Park and recreational
facilities
UUUUUUUU
Public safety facilitiesUUUUUUUU
Offender rehabilitation
services
––––––––
Religious assemblyUUUUUUUU
Schools, public or privateUUUUUUUU
Utilities, majorUUUUUUUU
Utilities, minorPPPPPPPP
Wireless telecommunications
facility
L-3L-3L-3L-3L-3L-3L-3L-3 See PHMC
Chapter 18.67.
Commercial Uses
Animal sales and service–––––––– Only animal
boarding and
riding academies.
Horticulture, limitedUUUUUUUU
Accessory Uses
P/U P/U P/U P/U P/U P/U P/U P/U See PHMC §
18.20.050.
Temporary Uses
See PHMC
Chapter 18.100.
Agricultural salesTT–––––– SeeL-7.
Animal shows or sales–TT––––– See L-2 and L-5.
Arts and crafts show outdoors–TT––––– See L-2 and L-5.
Christmas tree sales–TT––––– See L-2 and L-7.
Civic and community events–TT––––– See L-2 and L-6.
Commercial filming, limited–TT––––– See L-2 and L-6.
Live entertainment events–TT––––– See L-2, L-4 and
L-6.
Outdoor exhibits–TT––––– See L-2 and L-6.
Personal property salesPPPPPPPP See L-5.
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Packet Pg. 213 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) R and MR Districts: Limitations on Specific Use Classifications L-1 Minimum site area of 10,000 square feet.
L-2 Minimum site area of one acre.
L-3 Minimum site area of three acres.
L-4 See PHMC § 18.25.090 for live entertainment standards.
L-5 Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.
L-6 Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.
L-7 Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.
(Ord. § __-__, 2023; Ord. 938 § 3, 2020; Ord. 934 § 3, 2019; Ord. 915 § 4, 2017; Ord. 910 § 2, 2017; Ord. 890 § 9, 2015; Ord. 874 § 3, 2013; Ord. 867 § 5, 2012; Ord. 865 § 2, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 837 § 3, 2009; Ord. 796 § 3, 2005; Ord. 768 § 5, 2003; Ord. 727 §§ 9, 12, 1998; Ord. 710 § 35-5.2, 1996; 1991 code § 35-5.2) Section 5. Section 18.20.030 Development regulations for all residential districts is amended as follows:
Section 18.20.030 Development regulations for all residential districts A. Schedule 18.20.030 prescribes development regulations for residential districts. The “Additional Development Regulations” column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.
B. Supplemental regulations applicable to all development in R districts are in PHMC §
18.20.050 through § 18.20.140; they set forth requirements for accessory structures, affordable housing, home occupations, large family day care, second units, and swimming pools and hot tubs.
C. Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:
Pumpkin sales – T T – – – – – See L-2 and L-7.
Recreational events – T T – – – – – See L-2 and L-6.
Religious or group assembly
events
– T T – – – – – See L-2 and L-6.
Street fairs T T T T T T T T See L-7.
Swap meet – T T – – – – – See L-2 and L-5.
Trade fairs – T T – – – – – See L-2 and L-5.
Nonconforming Uses
See PHMC
Chapter 18.65.
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Packet Pg. 214 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
1. Additional site development regulations (PHMC Chapter 18.50);
2. Off-street parking and loading (PHMC Chapter 18.55);
3. Signs (PHMC Chapter 18.60); and
4. Nonconforming uses and structures (PHMC Chapter 18.65).
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Packet Pg. 215 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
Minimum Site
Area per
Dwelling Unit
(sq. ft.) 20,000 15,000 10,000 10,000 7,000 6,000 3,500 2,500 1,500 1,150 600 Minimum Lot
Area (sq. ft.) 20,000 15,000 10,000 7,000 7,000 6,000 10,000 10,000 10,0008,500 108,000 8,000 A, B Minimum Lot
Width (feet) 100 100 80 70 70 60 70 70 80 80 80
Minimum Lot
Depth (feet) 120 100 90 90 90 90 90 90 90 90 90
Minimum
Yards:
Front
Setback(feet) 25 20 20 20 20 20 15 15 1510 2010 10 C
Rear Setback
(feet) 15 15 15 15 15 15 15 15 15 15 15 D, J
Corner Side
Setback(feet) 15 15 15 15 15 15 15 15 1015 1015 10 C, D, J Side Setback
(feet) 15 10 5 5 5 5 10 10 10 75 5 D, E, J
Aggregate Side
Setback (feet) 35 25 15 15 15 15 20 20 20 105 10 D, E, J Creek Setbacks – – – – – – – – – – –
See PHMC §
18.50.150
regarding creek
setbacks.
Maximum
Building
Height (feet) 35 35 35 35 35 35 35 35 3540 3550 60
Maximum
Number of
Stories 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 2.5 -
Maximum Lot
Coverage 25% 25% 30% 35% 35% 35% 40% 40% 4050% 4060% 70% Maximum
Floor Area
Ratio 40% 40% 40% 40% 40% 40% – – – – –
Open Space – – – – – – – – – – – F, G
Scenic Route 50 50 50 50 50 50 50 50 50 50 50
Minimum Site
Landscaping – – – – – – 35% 35% 30% 25% 15% H
Fences and
Walls – – – – – – – – – – - I
Supplemental
Regulations – – – – – – – – – – -
See PHMC §§
18.20.050 through
18.20.140 and Part
4. 10.2.a
Packet Pg. 216 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
Nonconforming
Structures – – – – – – – – – – -
See PHMC
Chapter 18.65.
City-Wide
Objective
Design
Standards – – – – – – – – – – –
See PHMC §
18.20.040.K.
(Ord. § __-__, 2023; Ord. 955 § 3, 2022; Ord. 949 § 4, 2021; Ord. 890 § 10, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 3 (Exh. A), 2010; Ord. 796 § 4, 2005; Ord. 710 § 35-5.4, 1996; 1991 code § 35-5.4) Section 6. Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 is amended as follows:
Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.
B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC §
18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:
1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30 percent% of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decisionmaking authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and
2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.
C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage.
Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC §
18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)
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Packet Pg. 217 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) D. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.
Building height and required yards. Except as provided below, the width of a required interior side or rear yard adjoining a building wall exceeding 25 feet in height, excluding any portion of a roof, shall be increased five feet over the basic requirement.
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Packet Pg. 218 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS BUILDING
HEIGHT AND REQUIRED YARDS
(The diagram is illustrative)
E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no addition or enlargement shall increase the existing floor area by more than 10percent% nor increase the lot coverage to more than 50 percent%.
F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
1. Private open space. To satisfy the open space requirement, private open space must be on a patio or balcony, within which a horizontal rectangle has no dimension less than six feet.Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (City Council Resolution No. 18-22)
2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards unless these yard areas are landscaped and usable.
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Packet Pg. 219 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).
H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:
1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50% percent of the required front yard shall be maintained as landscaped area.
Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.
2. Interior yards. In the MRVL and, MRL, MRM, and MRH districts, at least 50 percent% of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.
3. Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted City Wide Design Guidelines and Objective Design Standards (City Council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.Notwithstanding subsection H.2 of this section, a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM or MRH district adjoins an R district.
4. Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
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. For single-family residences on corner lots, a five-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.
1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.
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Packet Pg. 220 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
KEY LOTS
* The above exhibit is provided for illustrative purposes only.
2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.
3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.
4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.
5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.
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Packet Pg. 221 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.
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 residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-5.5, 1996; 1991 code § 35-
5.5)
Section 7. Chapter 18.22 MX – Mixed-Use Districts is added as noted below:
Chapter 18.22 – MX – Mixed-Use Districts
Sections:
18.22.010 Specific purposes – Summary of mixed-use districts.
18.22.020 Land use regulations for all mixed-use districts.
18.22.030 Property development regulations in the mixed-use districts.
18.22.040 Additional development regulations corresponding to Schedule 18.25.030.
18.22.010 Specific purposes – Summary of mixed-use districts.
A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of mixed-use districts are to:
1. Ensure mixed-use development is consistent with the overall community character and serves the existing and future needs of residents and visitors.
2. Allow a variety of compatible land uses that provide flexibility to property and/or business owners.
3. Achieve compatibility between new mixed-use development and surrounding less intensive residential and commercial uses by establishing physical development standards and performance standards.
4. Ensure adequate development standards and regulations are in place to foster successful and innovative mixed-use developments.
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Packet Pg. 222 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) B. Summary of mixed-use districts. Four mixed-use districts are established to carry out these purposes:
1. MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use)., A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between 1 and 20 units per acre.
2. MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixeduse). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.
3. MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use).
Multiple-family residential uses include live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.
4. MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.
18.22.020 Land use regulations for all mixed-use districts.
In Schedule 18.22.020, the uses allowed for each mixed-use zoning district are established by letter designations as follows:
“P” designates use classifications permitted in mixed-use districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution
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Packet Pg. 223 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
SCHEDULE 18.22.020
MIXED-USE 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
MX-N MX MX-HD MX-VDH Additional Use Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.
Accessory, junior, dwelling
unit
See PHMC § 18.20.095.
Bed and breakfast – – – –
Care facility, small, licensed P P P P
Care facility, small, unlicensed U U U U See PHMC § 18.20.075.
Emergency homeless shelter U U U U
Family day care home, up to
14 children
P P P P
Group residential – – – P
Home occupation P P P P See PHMC § 18.20.070.
Low Barrier Navigation
Center
P P P P
Mobile home park P P P P
Multifamily residential P P P P
Senior housing P P P P
Single-room occupancy – – – U See PHMC § 18.20.085.
Supportive housing P P P P
Transitional housing P P P P
Public and Semipublic
Care facility, large, licensed or
unlicensed
– – – U See PHMC § 18.20.075.
Clubs and lodges U U U U
Community center U U U U
Cultural institutions U U U U
Day care, general U U U U L-1
Park and recreational facilities U U U U
Public safety facilities U U U U
Offender rehabilitation
services
– – – –
Religious assembly U U U U
10.2.a
Packet Pg. 224 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) Schools, public or private
UUUU
Utilities, majorUUUU
Utilities, minorPPPP
Wireless telecommunications
facility
L-4L-4L-4L-4 See PHMC Chapter 18.67.
Commercial Uses
Adult businesses––––
Animal boarding-–––
Animal clinicUUUU
Animal day careUUUU
Animal groomingPPPP
Animal hospitals----
Artists’ studiosPPPP
Banks and savings and loansPPPP
With drive-through
service
––––
Cannabis retailer, medical–UUU
Cannabis retailer, adult-use––––
Catering servicesPPPP
Commercial parking facility----
Eating and drinking
establishments
PPPP
With live
entertainment/dancing inside
of a building
––––
Type A–PPP See PHMC § 18.25.090 and PHMC
Chapter 18.70.
Type B–UUU See PHMC § 18.25.090 and PHMC
Chapter 18.70.
Type C–––- See PHMC § 18.25.090 and PHMC
Chapter 18.70.
With up to 12 outdoor seatsPPPP
With more than 12 outdoor
seats
UUUU
Fitness studio, less than 5,000
square feet
PPPP
Fitness studio, greater than
5,000 square feet
UUUU
Food and beverage salesPPPP
HotelsUUPP
Live entertainment––––
Type A–PPP
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Packet Pg. 225 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) Type B
–UUU
Type C–––-
Medical marijuana
dispensaries
––––
Offices, general and medical,
less than 35 percent of the
gross floor area
PPPP
Personal improvement
services
UUUU
Personal servicesPPPP
PharmacyPPPP
Retail sales, less than 20,000
square feet
PPPP
Research and DevelopmentUUUU
Retail sales, more than 20,000
square feet
L-3UUU
Theaters–PPP
Travel servicesPPPP
Accessory Uses P/U P/U P/U P/U See PHMC § 18.20.050.
Temporary Uses
See
PHMC
Chapter
18.100.
Agricultural salesTTT– See L-5.
Arts and crafts show outdoors–TT– See L-1 and L-3.
Christmas tree sales–TT– See L-1 and L-5.
Civic and community events–TT– See L-1 and L-4.
Commercial filming, limited–TT– See L-1 and L-4.
Live entertainment events–TT– See L-1, L-2 and L-4.
Outdoor exhibits–TT– See L-1 and L-4.
Personal property salesPPP– See L-9.
Pumpkin sales–TT– See L-1 and L-5.
Recreational events–TT– See L-1 and L-4.
Religious or group assembly
events
–TT– See L-1 and L-4.
Street fairsTTTT See L-5.
Swap meet–TT– See L-1 and L-3.
Trade fairs–TT– See L-1 and L-3.
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Packet Pg. 226 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) MX-N, MX, MX-HD, and MX-VHD Districts: Limitations on Specific Use Classifications L-1 Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.
L-2 Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.
L-3 Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district and does not require a use permit.
L-4 Permitted, subject to a setback of 200 feet from any residential use.
L-5 Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages.
L-9 Not more than four events during any calendar year for not more than two consecutive days per event.
L-10 Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event.
18.22.030 Property development regulations in the mixed-use districts.
A. Schedule 18.22.030 sets forth the development regulations for the MX-N, MX, MX-HD, and MX-VHD districts. Letters in parentheses in the “Additional Development Regulations” column refer to regulations following the schedule or to regulations located elsewhere in this chapter.
B. Supplemental regulations applicable to all development in the MX-N, MX, MX-HD, and MXVHD districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:
1. Additional site development regulations (PHMC Chapter 18.50);
2. Off-street parking and loading (PHMC Chapter 18.55);
3. Signs (PHMC Chapter 18.60);
4. Nonconforming uses and structures (PHMC Chapter 18.65); and
5. Adult uses (PHMC Chapter 18.70).
Nonconforming Uses
See
PHMC
Chapter
18.65. 10.2.a
Packet Pg. 227 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) SCHEDULE 18.22.030 – DEVELOPMENT REGULATIONS IN MIXED-USE DISTRICTS
MX-N MX MX-HD MX-VHD
Additional
Development
Regulations
Minimum Lot Area
(square feet) 7,500 7,500 7,500 7,500
Minimum Lot
Width (feet) 75 75 75 75
Front setback (feet) 15 15 10 5 (C), (K)
Side setback (feet) 5 – - – (B), (C)
Corner Side setback
(feet) 15 10 10 5 (C)
Rear setback (feet) – – 5 5 (B), (C)
Aggregate Side
setback (feet) – – - – (C)
Creek Setbacks See PHMC § 18.50.150 regarding creek setbacks.
Scenic Route (feet) 50 50 50 50
Maximum Building
Height (feet) 35 40 50 60
Maximum Gross
FAR (commercial) 0.75 0.75 0.75 0.85
Minimum Site
Landscaping 25% 15% 15% 15% (D)
City-Wide
Objective Design
Standards
See PHMC §18.20.040.K.
(G)
Employee Eating
Area (F)
Commercial Uses (A)
Storm Drain Outlets (H)
Supplemental
Regulations See PHMC §§ 18.25.050 through 18.25.140 and Part 4.
Nonconforming
Structures See PHMC Chapter 18.65.
(Ord. 890 § 17, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 5 (Exh. B), 2010; Ord. 710 § 35-6.4, 1996; 1991 code § 35-6.4)
18.22.040 Additional development regulations corresponding to Schedule 18.25.030.
A. Commercial Uses. Mixed-use sites not identified as a housing opportunity site towards part of the RHNA in the Pleasant Hill 6th Cycle Housing Element (2023-2031) shall include a minimum percentage of commercial based on the total proposed square footage of the project. Table
18.22.040-1 below outlines the minimum percentage of commercial based on specific corridors within the City.
Table 18.22.040-1
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Packet Pg. 228 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) Mixed-Use Zone Setback Encroachments
B. Mixed-use Commercial Exception. Any existing single-family use in a mixed-use zone (MXN, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:
1. Sites designated as housing opportunity sites in the Pleasant Hill 6th Cycle Housing Element (2023-2031).
2. Sites that undergo a lot merger with adjacent sites. Any parcels that undergo a lot consolidation shall adhere to all mixed-use use and development standard requirements.
C. Reductions from the Commercial Requirement. A Use Permit is required for mixed-use developments seeking to reduce the minimum commercial requirements in Table 18.22.040-1 and that are not exempt per Subsection B above. Additionally, a Market/Retail Feasibility Study will be required justifying the proposed reduction in commercial and why the required commercial is not feasible or that the net realized benefit to the City will be comparable to the minimum commercial percentage requirement.
D. MX-N, MX, MX-HD, and MX-VHD districts adjoining single-family residential districts.
1. Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining a single-family residential district.
2. Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)
25% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
15% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
10% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
Contra Costa Boulevard Gregory Lane
All remaining areas Golf Club Drive Oak Park Boulevard
Monument Boulevard Pleasant Hill Road
Downtown Ellinwood Way
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Packet Pg. 229 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)
E. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
(The diagram is illustrative)
10.2.a
Packet Pg. 230 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) F. Minimum site landscaping. Decorative hardscape, or pervious pavement may not be used to meet minimum landscape requirements as a matter of right.
Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
G. Buildings that incorporate over 50,000 square feet of office space shall include employee showers, clothes changing rooms, and lockers.
H. Buildings that incorporate over 10,000 square feet of office space shall provide eating facilities for employees.
I. City-wide objective design standards. All mixed-use developments that include two-thirds of the total gross floor area dedicated to residential units shall comply with the multi-family residential objective design standards, as adopted by city council resolution.
1. Streamlined mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units. If a proposed mixed-use project that includes two-thirds of the total gross floor area dedicated to residential units 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 mixeduse projects that include two-thirds of the total gross floor area dedicated to residential units that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh.
A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-
5.5, 1996; 1991 code § 35-5.5)
J. Storm drains. All storm drain inlets in the MX-N, MX, MX-HD, and MX-VHD districts shall comply with the city’s national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
K. Hotels. Full-service hotels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.
L. Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.
M. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 18.22.040-2 (Mixed-Use Zone Setback Encroachments).
Table 18.22.40-2
Mixed-Use Zone Setback Encroachments
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Packet Pg. 231 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
IMPROVEMENT MAXIMUM ALLOWED
ENCROACHMENT
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade.
Allowed in setback area
Movable tables, chairs, umbrellas, outdoor heaters. Allowed in setback area Movable partitions or planters to define an outdoor seating area not exceeding three feet in height.
Allowed in setback area
Front stoop or porch. Allowed in setback area
Bicycle racks. Allowed in setback area
Trees and tree wells. Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade Allowed in setback area Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. 2 feet into setback area
Utility structures less than six square feet in size. Allowed in setback area N. Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator.
O. Balconies.
1.Balconies are only allowed above the second floor on mixed-use structures.
2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area (see Subsection B above).
P. Parking Structures.
1. Parking structures are allowed in the MX-VHD only as accessory to the primary uses of the site, not standalone.
2. In addition to the Off-Street Parking and Loading Regulations in PHMC Chapter 18.55, parking garages in mixed-use districts shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.
Q. Ground Floor Commercial Frontage. Ground floor commercial frontages shall comply with the following:
1. Create transparent façades with windows or clear glazing for at least 70 percent of the active frontage length along primary streets or public open spaces and 50 percent of the active frontage length along secondary streets.
10.2.a
Packet Pg. 232 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
2. Windows and clear glazing on the ground floor façade must have no opaque or semiopaque building elements wider than two inches or spaced more closely than five feet between three to 10 vertical feet from the sidewalk.
3. All ground floor commercial tenant spaces must be at least 45 feet deep for a minimum of 50 percent of primary street building façades, and at least 25 feet deep for a minimum of 50 percent of secondary street façades.
4. Fences or plantings between an active frontage and the edge of sidewalk along a primary street shall be a maximum of three feet in height.
5. Ground floor commercial tenant spaces shall have a minimum floor plate/ceiling height of 10 feet.
6. Ground floor commercial tenant spaces shall provide separate trash recycling enclosures, separate from the onsite residential uses.
R. Mixed-use Frontages. Mixed-use buildings shall locate the primary building entrance for commercial uses at the building edge that faces a primary street or a public open space.
Section 8. Section 18.50.020 Residential Use Classifications the following use classification is added in alphabetical order as follows:
Section 18.050.020 Residential Use Classifications
Mobile home park. Any area of land or property that has at least two mobilehomes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Section 9. Section 18.55.030 Off-Street Parking and Loading Regulations – Multifamily residential off-street parking spaces required is amended as follows:
Section 18.55.030 Off-street parking and loading spaces required.
Multifamily residential 1.51 per studio or 1-bedroom unit of which 1 must be covered or 2 1.5 spaces per 2-bedroom
or larger unit of which 1 must be covered; plus 1
guest parking space for every 2 4 units.
Section 10. Section 18.55.070 Electric vehicle (EV), bicycle and motorcycle parking is amended as follows:
Section 18.55.070 Electric vehicle (EV), bicycle and non-automobile modes of transportationand motorcycle parking.
A. Electric vehicle (EV) parking – Number required.
10.2.a
Packet Pg. 233 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA)
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 Chapter 14.75 PHMC.
B. Bicycle parking – Where required. Bicycle parking spaces shall be provided in every nonresidential district as required by this section.
C. Bicycle parking – Number required.
1. Public and semipublic use classifications: as specified by use permit.
2. Commercial use classifications. Each development shall provide at least one bicycle space plus the equivalent of 2% of the requirement for automobile parking spaces.
3. Residential use classifications. Each development shall provide the equivalent of 1 bicycle parking space for every 10 required automobile parking spaces, with a minimum of 1 bicycle parking space per development.
D. Bicycle parking design requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wallmounted bracket. The following alternative facilities may be provided, subject to approval of the zoning administrator:
1. An enclosed bicycle locker; or
2. A three-point bicycle rack which secures both wheels and the frame; or
3. A fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of three feet, a distance from bottom of wheel to top of handlebar, three feet, six inches, and a maximum wheel distance of six feet.
E. Motorcycle parking spaces. A commercial, office or industrial use having more than 10,000 square feet is required to designate at least one standard parking space as motorcycle parking.
The designated spaces’ entrance shall be a concrete piece at least 36 inches long and affixed to a foundation by epoxy cement. The wheel stops shall have a two-foot separation to provide access from the aisle or driveway. (Ord. 934 § 8, 2019; Ord. 906 § 11, 2016; Ord. 710 § 35-17.12, 1996; 1991 code § 35-17.12)
10.2.a
Packet Pg. 234 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) F. New development with more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).
Section 11. Chapter 18.140 Definitions includes the addition of the following:
Chapter 18.140 Definitions
Mixed-Use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.
Project Site. The specific location on which a development, structure, or building is proposed.
Primary Street. A main thoroughfare, including 'arterial' through routes and mixed-use, multifunctional streets (at least in part along their length), providing access to properties as well as other amenities.
Frontage (Building). The building façade facing a street or public open space. Frontage (Site) - The width of the site along a street or public open space.
Frontage (Street). The property line or part of the site facing a street or public open space.
Active Frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Stepback. A step-like recession in the profile of a multi-story building. A step back requires the building to take a step back from the street for every increase in height of the structure. Step backs can also be a design technique to reduce the visual impact of tall buildings.
Section 12. This ordinance is consistent with the following General Plan Policies and Programs:
Economics and Economy Element:
a) E-2.3 Retail and Restaurant Uses. Encourage quality retail and restaurant uses in strategic locations to support the success of mixed-use developments.
The proposed mixed-use zoning land use regulations promote a mix of uses, including retail and restaurant uses, as part of the required commercial component to encourage successful mixed-use developments.
Land Use Element:
b) LU-1.6 Transition in Scale. Require that new development transition appropriately in building scale, height and massing in relation to the physical and visual character of adjoining neighborhoods.
10.2.a
Packet Pg. 235 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) The proposed ordinance amendments include building height, setback, and stepback development standards for residential and mixed-use zones. The maximum building height standards are proposed to incrementally increase between lower-density zones to higher density zones. Additionally, buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties. c) LU-1.7 Multi-Story Development. Require multi-story buildings to incorporate step backs on upper floors to create a more human-scale and comfortable pedestrian environment.
The proposed ordinance amendments include building stepback development standards for residential and mixed-use zones. Buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional stepbacks to facilitate variation in building massing, creating a more human scale to allow increased light and air space to buffer from more dense development, and facilitate appropriate transitions to adjacent properties. d) LU-3.5 Varying Housing Typologies. Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.
The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixeduse district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity. e) LU-4.5 Vertical and Horizontal Mixed-use. Encourage vertical and horizontal mixed-use development at key intersections and within neighborhoods that result in distinct and cohesive pedestrian-oriented destinations that provide additional neighborhood-serving amenities and intensified economic vitality.
The proposed mixed-use zoning designations promote a mix of diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use). Additionally, the new mixed-use zoning regulations include a requirement for a minimum percentage of commercial within a tiered system ranging from 10-percent, to 15-percent, to 25-percent depending on whether a parcel fronts a major commercial corridor or arterial to ensure the commercial core of the city is preserved.
10.2.a
Packet Pg. 236 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) f) LU-8.2 Incompatible Land Uses. Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with both proposed residential components of mixed-use development and adjacent existing residential areas. The land use regulations do not allow incompatible land uses that would be detrimental or pose a hazard to existing or proposed residential uses.
Housing Element:
g) H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.
The housing opportunity sites, as identified in the 2023-2031 Housing Element, were identified to ensure that a sufficient supply of residential land is maintained.
Additionally, these sites will be rezoned to higher density multi-family or mixeduse (as specified in the 2023-2031 Housing Element) to ensure that the envisioned densities can be obtained by potential development.
h) H-2.1 Housing Types. Allow a variety of housing types in all residential zones.
The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixeduse district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity.
Transpiration and Circulation Element:
i) TC-6.4 Amenities for Non-Driving Modes of Transportation. Require new development with more than 10 housing units or over 5,000 square feet of nonresidential uses to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).
The proposed zoning ordinance amendment to the off-street parking and loading regulations (Chapter 18.55) requires that new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e10.2.a Packet Pg. 237 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) bike charging stations innovative bus shelter designs) in compliance with this policy.
Environment Element:
j) ENV-8.4 Land Use and Transportation Priorities. Support land uses and transportation improvements that prioritize alternative transportation modes that will reduce the number and length of automobile trips.
The proposed amendments include a reduction to the parking regulations for multifamily residential uses from 1.5 spaces to 1 space for studios and 1-bedroom units, and from 2 spaces to 1.5 spaces for 2-bedroom units and larger. The reduced vehicle parking requirements are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.
Section 13. 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 14. This ordinance shall be effective 30 days after its adoption.
Section 15. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the three places designated by resolution of the City Council.
The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Pleasant Hill held on the 18th day of December, 2023.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of ___, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
10.2.a
Packet Pg. 238 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) _____________________________________
MATTHEW RINN, Mayor
ATTEST:
_____________________________________
LYONE CONNER, City Clerk
10.2.a
Packet Pg. 239 Attachment: Attachment A - Proposed Ordinance (Strikeout-underline) (Housing Element Related ZOA) ORDINANCE NO. __
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL REZONING HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT, AND AMENDING PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R – RESIDENTIAL DISTRICTS), INTRODUCING CHAPTER 18.22 (MIXED-USE DISTRICTS), AND AMENDING CHAPTER 18.50 (USE CLASSIFICATIONS), CHAPTER 18.55 (OFFSTREET PARKING AND LOADING) AND CHAPTER 18.140 (DEFINITIONS) WHEREAS, the Housing Opportunity Sites, identified in the 2023-2031 Housing Element are proposed to be rezoned for consistency with the General Plan and State Housing Element Law; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are related to multi-family residential zoning districts and new mixed-use zoning district, with related amendments to use classifications, off street parking standards and definitions; and WHEREAS, the amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element; and WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 36-23 adopting environmental findings pursuant to the California Environmental Quality Act, certifying the final Environmental Impact Report (EIR) (SCH #2022070095) for the Pleasant Hill General Plan, including the 2023-2031 Housing Element, adopting the Mitigation Monitoring and Reporting Program, and approving the comprehensive update to the City’s existing General Plan; and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 37-23 adopting the City of Pleasant Hill 2023-2031 Housing Element in compliance with State Housing Element Law, repealed the 2015-2023 Housing Element, and certified an Environmental Impact Report (EIR); and
WHEREAS, on May 18, 2023 the City of Pleasant Hill City Council approved Resolution No. 38-23 adopting the City of Pleasant Hill 2040 General Plan, excluding the 2023-2031 Housing Element, and certification of an EIR; and
WHEREAS, on November 1, 2023, after notice thereof having been duly, regularly and lawfully given, the Planning Commission held a Special Meeting for a Study Session on the proposed ordinance amendments. The Planning provided preliminary feedback and was generally supportive of the changes but asked Staff to consider the following clarifications and modifications:
Incorporate more flexibility in the minimum percentage of commercial proposed for mixed-use zones, and consider a waiver/reduction process where 25-percent minimum commercial may not be feasible or desirable
For context, provide examples of projects with Floor Area Ratio’s (FAR) that are
10.2.b
Packet Pg. 240 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) comparable to the new zoning designations
Research other jurisdictions with minimum commercial requirements in mixed-use zones
Six members of the public spoke at the hearing Six members of the public spoke at the meeting and expressed concerns with the proposed building heights, noise impacts on existing residential neighborhoods, City’s noticing of the item, potential impacts to the two opportunity sites on Paso Nogal and Morello.
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held before the Planning Commission at a Special Meeting, on the proposed ordinance was noticed for November 29, 2023 where all interested persons might appear and be heard; and WHEREAS, on November 29, 2023, at a Special Meeting of the Planning Commission, Resolution No. 23-23 was adopted recommending that the City Council approve 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 December 18, 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:
Section 1. The recitals above are each incorporated by reference and adopted as findings by the City Council.
Section 2. Pursuant to Public Resources Code section 21166 and CEQA Guidelines section 15162 the City Council hereby finds that no further environmental review is required for the proposed ordinance amendments as the previously certified EIR (certified on May 18, 2023) adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.
Section 3. Section 18.20.010 Specific purposes – Summary of residential districts is amended as follows:
18.20.010 Specific purposes – Summary of residential districts A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of residential districts are to:
1. Preserve, protect and enhance appropriately located areas for residential land use, consistent with the city-wide design guidelines, general plan, and the standards of public health and safety.
2. Minimize the impacts of uses. Protect residents from the harmful effects of excessive noise, overcrowding, excessive traffic, insufficient parking and other adverse environmental effects.
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Packet Pg. 241 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
3. Achieve design compatibility between new multifamily development and surrounding less intensive residential neighborhoods by establishing physical development standards and performance standards.
4. Ensure adequate provisions for sites, with reasonable access to public services, for appropriate public and semipublic land uses, including care facilities, needed to complement residential development or that require a residential environment. At the same time, protect the relatively quiet, primarily noncommercial, family atmosphere of neighborhoods.
5. Minimize the out-of-scale appearance of large homes, parking areas, and other development relative to their lot size and to other homes in a neighborhood.
6. Minimize transient occupancy (other than transitional housing), where occupants may have few or no bonds with the community, thereby diminishing the sense of community in a particular neighborhood.
7. Provide for certain care facilities to benefit disabled persons while ensuring that such uses do not create an institutional environment that would defeat the purpose of community-based care (either by overconcentration or by impacts of the use).
B. Summary of residential districts. Eleven residential districts are established to carry out these purposes:
1. R-20 and R-15 single-family residential districts. The R-20 and R-15 districts allow for low density single-family residential land use, at densities from 1.3 to 3 units per net acre subject to appropriate standards. In the R-20 district the minimum lot size is 20,000 square feet. In the R-15 district, the minimum lot size is 15,000 square feet.
2. R-10 and R-10A single-family residential districts. The R-10 and R-10A districts allow for medium density single-family residential land use at densities from 3.1 to 4.5 units per net acre, subject to appropriate standards. In the R-10 district the minimum lot size is 10,000 square feet. In the R-10A district, the average lot size is 10,000 square feet or more and the minimum lot size is 7,000 square feet.
3. R-7 and R-6 single-family residential districts. The R-7 and R-6 districts allow for high density single-family residential land use at densities from 4.6 to 7.3 units per net acre subject to appropriate standards. In the R-7 district the minimum lot size is 7,000 square feet.
In the R-6 district, the minimum lot size is 6,000 square feet.
4. MRVL very low density multi-family residential district. The MRVL district allows multiple-family residential uses, including duplexes, townhouses and attached or detached single-family homes on small lots; all with landscaped open space at a density between 7 and
11.9 units per acre.
5. MRL low density multi-family residential district. The MRL district allows multiplefamily residential uses including duplexes, townhouses, and single-family attached homes with zero lot line, mobile homes or cluster housing; all with landscaped open space at a density between 12 and 19.9 units per acre.
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Packet Pg. 242 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
6. MRM medium density multi-family residential district. The MRM district allows multiple-family residential uses including townhouses, mobile homes, condominiums or apartments at a density between 20 and 29.9 units per acre.
7. MRH high density multi-family residential district. The MRH district allows for intensive multiple-family residential uses including townhouses, condominiums and apartments with a density range between 30 and 40 units per acre.
8. MRVH high density multi-family residential district. The MRVH district allows for intensive multi-family residential uses including studio flats, condominiums, and apartments with a density range between 40 and 73 units per acre.
9. HPUD residential hillside planned unit development. The HPUD allows for limited residential development including townhouses, condominiums and single-family homes on parcels having an average slope of 15 percent or greater. The following parcels shall be exempt from the HPUD standards established in this title: (Reference: PHMC Chapter
18.35.)
a. 152-010-004 (off of Paso Nogal Road)
b. 154-140-015 (off of Morello Avenue)
10. PUD residential planned unit development. The PUD allows for a total number of dwelling units that does not fall below the minimum number or exceed the maximum number permitted by the general plan for the total area allocated to residential use. (See also Gov’t Code § 65589.5.) (Ord. § __-__, 2023; (Ord. 867 § 4, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 2, 2005; Ord. 710 § 35-5.1, 1996; 1991 code § 35-5.1) Section 4. Section 18.20.020 Land use regulations for all residential districts is amended as follows:
Section 18.20.020 Land use regulations for all residential districts In Schedule 18.20.020, the uses allowed for each residential zoning district are established by letter designations as follows:
“P” designates use classifications permitted in residential districts. “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution
10.2.b
Packet Pg. 243 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
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
R-20
R-15
R-10
R-10A
R-7
R-6 MRVL MRL MRM MRH MRVH
Additional Use
Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.
Accessory, junior, dwelling
unit
See PHMC § 18.20.095.
Bed and breakfast – – – – – – – –
Care facility, small, licensed P P P P P P P P
Care facility, small,
unlicensed
U U U U U U U U See PHMC §
18.20.075.
Emergency homeless shelter U U U – – – – – Only on church or school sites. See
PHMC §
18.20.085.B and
C.
Family day care home, up to
14 children
P P P P P P P P
-
Group residential – – – P P P P P
Home occupation P P P P P P P P See PHMC §
18.20.070.
Multifamily residential – – – P P P P P
Senior housing P P P P P P P P
Single-room occupancy – – – U U U U U See PHMC §
18.20.085.
Single-family residential P P P P P P P P
with boarder or lodger P P P P P P P P No more than 3
boarders or
lodgers.
Supportive housing P P P P P P P P
Transitional housing P P P P P P P P
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Packet Pg. 244 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) Public and Semipublic
Care facility, large, licensed
or unlicensed
–––UUUUU See PHMC §
18.20.075.
CemeteryUUUUUUUU
Clubs and lodgesUUUUUUUU
Community centerUUUUUUUU
Cultural institutionsUUUUUUUU
Day care, generalUUUUUUUUL-1
Park and recreational
facilities
UUUUUUUU
Public safety facilitiesUUUUUUUU
Offender rehabilitation
services
––––––––
Religious assemblyUUUUUUUU
Schools, public or privateUUUUUUUU
Utilities, majorUUUUUUUU
Utilities, minorPPPPPPPP
Wireless telecommunications
facility
L-3L-3L-3L-3L-3L-3L-3L-3 See PHMC
Chapter 18.67.
Commercial Uses
Animal sales and service–––––––– Only animal
boarding and
riding academies.
Horticulture, limitedUUUUUUUU
Accessory Uses
P/U P/U P/U P/U P/U P/U P/U P/U See PHMC §
18.20.050.
Temporary Uses
See PHMC
Chapter 18.100.
Agricultural salesTT–––––– See L-7.
Animal shows or sales–TT––––– See L-2 and L-5.
Arts and crafts show outdoors–TT––––– See L-2 and L-5.
Christmas tree sales–TT––––– See L-2 and L-7.
Civic and community events–TT––––– See L-2 and L-6.
Commercial filming, limited–TT––––– See L-2 and L-6.
Live entertainment events–TT––––– See L-2, L-4 and
L-6.
Outdoor exhibits–TT––––– See L-2 and L-6.
Personal property salesPPPPPPPP See L-5.
10.2.b
Packet Pg. 245 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) R and MR Districts: Limitations on Specific Use Classifications L-1 Minimum site area of 10,000 square feet.
L-2 Minimum site area of one acre.
L-3 Minimum site area of three acres.
L-4 See PHMC § 18.25.090 for live entertainment standards.
L-5 Not more than six occurrences during a calendar year. Each occurrence shall not exceed two consecutive days.
L-6 Not more than four occurrences during a calendar year. Each occurrence shall not exceed seven consecutive days.
L-7 Not more than six occurrences during a calendar year, for not more than 14 consecutive days per occurrence.
(Ord. § __-__, 2023; Ord. 938 § 3, 2020; Ord. 934 § 3, 2019; Ord. 915 § 4, 2017; Ord. 910 § 2, 2017; Ord. 890 § 9, 2015; Ord. 874 § 3, 2013; Ord. 867 § 5, 2012; Ord. 865 § 2, 2012; Ord. 856 § 2 (Exh. A), 2011; Ord. 837 § 3, 2009; Ord. 796 § 3, 2005; Ord. 768 § 5, 2003; Ord. 727 §§ 9, 12, 1998; Ord. 710 § 35-5.2, 1996; 1991 code § 35-5.2) Section 5. Section 18.20.030 Development regulations for all residential districts is amended as follows:
Section 18.20.030 Development regulations for all residential districts A. Schedule 18.20.030 prescribes development regulations for residential districts. The “Additional Development Regulations” column refers to PHMC § 18.20.040, additional development regulations, or to regulations located elsewhere in this chapter.
B. Supplemental regulations applicable to all development in R districts are in PHMC §
18.20.050 through § 18.20.140; they set forth requirements for accessory structures, affordable housing, home occupations, large family day care, second units, and swimming pools and hot tubs.
C. Regulations applicable to all zoning districts, included in Part 4, set forth requirements for:
Pumpkin sales – T T – – – – – See L-2 and L-7.
Recreational events – T T – – – – – See L-2 and L-6.
Religious or group assembly
events
– T T – – – – – See L-2 and L-6.
Street fairs T T T T T T T T See L-7.
Swap meet – T T – – – – – See L-2 and L-5.
Trade fairs – T T – – – – – See L-2 and L-5.
Nonconforming Uses
See PHMC
Chapter 18.65.
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Packet Pg. 246 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
1. Additional site development regulations (PHMC Chapter 18.50);
2. Off-street parking and loading (PHMC Chapter 18.55);
3. Signs (PHMC Chapter 18.60); and
4. Nonconforming uses and structures (PHMC Chapter 18.65).
10.2.b
Packet Pg. 247 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
Minimum Site
Area per
Dwelling Unit
(sq. ft.) 20,000 15,000 10,000 10,000 7,000 6,000 3,500 2,500 1,500 1,150 600 Minimum Lot
Area (sq. ft.) 20,000 15,000 10,000 7,000 7,000 6,000 10,000 10,000 8,500 8,000 8,000 A, B Minimum Lot
Width (feet) 100 100 80 70 70 60 70 70 80 80 80
Minimum Lot
Depth (feet) 120 100 90 90 90 90 90 90 90 90 90
Front
Setback(feet) 25 20 20 20 20 20 15 15 10 10 10 C
Rear Setback
(feet) 15 15 15 15 15 15 15 15 15 15 15 D, J
Corner Side
Setback(feet) 15 15 15 15 15 15 15 15 10 10 10 C, D, J
Side Setback
(feet) 15 10 5 5 5 5 10 10 10 5 5 D, E, J
Aggregate Side
Setback (feet) 35 25 15 15 15 15 20 20 20 10 10 D, E, J Creek Setbacks – – – – – – – – – – –
See PHMC §
18.50.150
regarding creek
setbacks.
Maximum
Building
Height (feet) 35 35 35 35 35 35 35 35 40 50 60
Maximum
Number of
Stories 2.5 2.5 2.5 2.5 2.5 2.5 -
Maximum Lot
Coverage 25% 25% 30% 35% 35% 35% 40% 40% 50% 60% 70%
Maximum
Floor Area
Ratio 40% 40% 40% 40% 40% 40% – – – – –
Open Space – – – – – – – – – – – F, G
Scenic Route 50 50 50 50 50 50 50 50 50 50 50
Minimum Site
Landscaping – – – – – – 35% 35% 30% 25% 15% H
Fences and
Walls – – – – – – – – – – - I
Supplemental
Regulations – – – – – – – – – – -
See PHMC §§
18.20.050 through
18.20.140 and Part
4. Nonconforming
Structures – – – – – – – – – – -
See PHMC
Chapter 18.65.
10.2.b
Packet Pg. 248 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) SCHEDULE 18.20.030
DEVELOPMENT REGULATIONS FOR ALL RESIDENTIAL DISTRICTS
R-20 R-15 R-10 R-10A R-7 R-6 MRVL MRL MRM MRH MRVH
Additional
Development
Regulations (See
PHMC §
18.20.040)
City-Wide
Objective
Design
Standards – – – – – – – – – – –
See PHMC §
18.20.040.K.
(Ord. § __-__, 2023; Ord. 955 § 3, 2022; Ord. 949 § 4, 2021; Ord. 890 § 10, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 3 (Exh. A), 2010; Ord. 796 § 4, 2005; Ord. 710 § 35-5.4, 1996; 1991 code § 35-5.4) Section 6. Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 is amended as follows:
Section 18.20.040 Additional development regulations corresponding to Schedule 18.20.030 A. Minimum site area for certain uses. The minimum site area shall be 10,000 square feet for the following use classifications: general day care, general residential care, and public or private schools.
B. Minimum required lot area. Minimum required lot area shall be “net” as defined in PHMC §
18.140.010; except, for minor subdivisions located within the R-6 through R-10 zone districts, comprised of not more than two parcels, the following exception may be approved by the zoning administrator and/or the planning commission when considering approval of the minor subdivision:
1. The area of any private driveway access easement required to meet minimum fire district standards, up to a maximum of 30 percent of the gross lot area, may be included in determining compliance with minimum lot area requirements; provided, that the decisionmaking authority on the minor subdivision finds that there is no other feasible method for the minor subdivision to comply with minimum fire district standards and also comply with minimum lot area requirements; and
2. The gross lot area of each parcel in the proposed minor subdivision complies with the lot area required by the general plan.
C. Corner or double-frontage lots. Double-frontage lots shall have a front yard on each frontage.
Corner lots shall have a front yard on each frontage: the front side and the corner side yard (usually the longest frontage; see PHMC Chapter 18.140, definition of “yard types”). On a corner lot where the entry to the dwelling is on the corner side, this corner side may be used as the front yard; provided, that: (1) all other yard setbacks are in compliance with PHMC §
18.20.030; and (2) garages (attached or detached) with driveway access from the corner side property line are set back a minimum of 20 feet from the corner side property line. (See off-street parking and loading regulations, PHMC § 18.55.150.)
10.2.b
Packet Pg. 249 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) D. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, but not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS (The diagram is illustrative)
E. Zero-side yard development. A structure constructed in conformance with the standards for zero-side yard development in effect immediately before this chapter was adopted shall not be considered a nonconforming structure subject to PHMC Chapter 18.65; provided, that an exterior addition or enlargement shall require a use permit issued by the zoning administrator, and no
10.2.b
Packet Pg. 250 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) addition or enlargement shall increase the existing floor area by more than 10percent nor increase the lot coverage to more than 50 percent.
F. Open space. Total usable open space on a site having three or more dwelling units shall be at least 200 square feet per dwelling unit. This requirement shall be met by providing private open space, shared open space, or a combination of the two.
1. Private open space. Private open space areas must comply with sections II.B.8 and II.B.9 of the adopted Residential Guidelines and Objective Design Standards (City Council Resolution No. 18-22)
2. Shared open space. To satisfy the open space requirement, shared open space must be provided by interior side yards, patios and terraces, each designed so that a horizontal rectangle inscribed within it has no dimension less than 10 feet. The open space must be open to the sky, and may not include driveways or parking areas, or area required for front or corner side yards unless these yard areas are landscaped and usable.
G. Park land dedication. Each residential unit is subject to the park land dedication requirements of the Pleasant Hill subdivision ordinance (PHMC Title 17).
H. Planting areas. In addition to the minimum percentage of the site to be landscaped, listed in the schedule, the following requirements apply:
1. Yards adjoining streets. All visible portions of a required yard adjoining a street that are not used for driveways or walks shall be landscaped. In R (single-family) districts, a minimum of 50percent of the required front yard shall be maintained as landscaped area.
Recreational vehicles, utility trailers, unmounted camper tops, boats, cars, trucks, motorcycles, or other vehicles shall not be parked or stored within a required landscaped area. Landscaped area shall consist of plantings, lawn, mulch, decorative bark, approved decorative landscape features and other decorative pervious surfaces subject to the approval of the zoning administrator.
2. Interior yards. In the MRVL and MRL districts, at least 50 percent of each required interior side yard and rear yard shall be landscaped having a minimum width of seven and one-half feet adjoining a side or rear property line. The width of a required landscaped area may be reduced to three feet in one side or rear yard adjoining a driveway or patio, and a nonresidential accessory structure may occupy a portion of the landscaped area in a rear yard.
3. Notwithstanding subsection H.2 of this section and sections II.A.9 and II.B.13 in the adopted City Wide Design Guidelines and Objective Design Standards (City Council Resolution No. 18-22) a continuous landscaped area having a minimum width of five feet shall be provided along interior property lines when an MRVL, MRL, MRM, MRH, MRVH zone district adjoins an R (single-family) district.
4. Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
10.2.b
Packet Pg. 251 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) 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. For single-family residences on corner lots, a five-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.
1. Key lots. Where a corner lot abuts a key lot, a triangular area, 12 feet on each side, must remain unfenced.
KEY LOTS
* The above exhibit is provided for illustrative purposes only.
2. Rear property line exceptions. On a lot with a rear lot line abutting a public trail, canal, East Bay Municipal Utility District right-of-way or public street, the maximum rear yard fence height is eight feet.
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Packet Pg. 252 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
3. Fences with retaining walls. The height is measured as the combined height of a retaining wall, fence, wall or screen (not to exceed a maximum height of six feet measured from the higher side of the adjacent grade). A retaining wall is not included in the measurement if it is located so that its horizontal distance from the fence is equal to or greater than the height of the retaining wall. Height is measured pursuant to PHMC § 18.145.050.B.
4. Sight distance. All fences are subject to the visibility requirements of PHMC § 18.50.100.
5. Prohibited fences. High voltage electrical fences, razor wire, barbed wire, and other materials which pose a safety hazard are strictly prohibited.
J. Setbacks from vehicular easements. Minimum required yard setbacks shall be provided and measured from vehicular easement boundaries in the same manner that such setbacks are provided and measured from a public right-of-way.
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 residential development projects that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-5.5, 1996; 1991 code § 35-
5.5)
Section 7. Chapter 18.22 MX – Mixed-Use Districts is added as noted below:
Chapter 18.22 – MX – Mixed-Use Districts
Sections:
18.22.010 Specific purposes – Summary of mixed-use districts.
18.22.020 Land use regulations for all mixed-use districts.
18.22.030 Property development regulations in the mixed-use districts.
18.22.040 Additional development regulations corresponding to Schedule 18.25.030.
18.22.010 Specific purposes – Summary of mixed-use districts.
A. Specific purposes. In addition to the general purposes listed in PHMC § 18.05.020, the specific purposes of mixed-use districts are to:
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Packet Pg. 253 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
1. Ensure mixed-use development is consistent with the overall community character and serves the existing and future needs of residents and visitors.
2. Allow a variety of compatible land uses that provide flexibility to property and/or business owners.
3. Achieve compatibility between new mixed-use development and surrounding less intensive residential and commercial uses by establishing physical development standards and performance standards.
4. Ensure adequate development standards and regulations are in place to foster successful and innovative mixed-use developments.
B. Summary of mixed-use districts. Four mixed-use districts are established to carry out these purposes:
1. MX-NB mixed-use neighborhood districts. The MX-NB district allows a range of neighborhood-serving commercial uses (e.g., coffee shops, grocery stores, retail establishments). It is the intent of this zone to provide a mix of compact single-family, multiple-family residential, and commercial uses located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use)., A variety of residential typologies are encouraged in the form of compact single-family in horizontal format, townhouses, condominiums, or apartments at a density between 1 and 20 units per acre.
2. MX mixed-use districts. The MX district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixeduse). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live work units, townhouses, apartments, studio flats, and condominiums at a density between 12 and 40 units per acre.
3. MX-HD mixed-use high-density districts. The MX-HD district allows for diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use).
Multiple-family residential uses include live-work units, townhouses, apartments, studio flats, and condominiums at a density between 40 and 70 units per acre.
4. MX-VHD mixed-use very high-density district. The MX-VHD district allows for the most intensive uses, including high-density residential, commercial, hotels, office, entertainment, and personal services, located within the same building (vertical mixed-use) or on the same site (horizontal mixed-use). A variety of residential typologies are encouraged in the form of multiple-family residential uses including live-work units, townhouses, apartments, studio flats, and condominiums at a density between 70 and 100 units per acre.
18.22.020 Land use regulations for all mixed-use districts.
In Schedule 18.22.020, the uses allowed for each mixed-use zoning district are established by letter designations as follows:
“P” designates use classifications permitted in mixed-use districts.
10.2.b
Packet Pg. 254 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) “U” designates use classifications permitted on approval of a use permit. “T” designates use classifications permitted on approval of a temporary use permit. “L” followed by a number designates use classifications subject to certain limitations listed by number following the schedule.
“P/U” designates use classifications permitted on the site of a permitted use, but requiring a use permit on the site of a conditional use.
The uses listed are based on the use classifications set forth in PHMC Chapter 18.15. Use classifications not listed are prohibited unless authorized by zoning administrator resolution under PHMC § 18.15.010. The “Additional Use Regulations” column includes specific limitations applicable to the use classification or refers to regulations located elsewhere in this title.
SCHEDULE 18.22.020
MIXED-USE 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
MX-N MX MX-HD MX-VDH Additional Use Regulations
Residential Uses
Accessory dwelling unit See PHMC § 18.20.095.
Accessory, junior, dwelling
unit
See PHMC § 18.20.095.
Bed and breakfast – – – –
Care facility, small, licensed P P P P
Care facility, small, unlicensed U U U U See PHMC § 18.20.075.
Emergency homeless shelter U U U U
Family day care home, up to
14 children
P P P P
Group residential – – – P
Home occupation P P P P See PHMC § 18.20.070.
Low Barrier Navigation
Center
P P P P
Mobile home park P P P P
Multifamily residential P P P P
Senior housing P P P P
Single-room occupancy – – – U See PHMC § 18.20.085.
Supportive housing P P P P
Transitional housing P P P P
Public and Semipublic
Care facility, large, licensed or
unlicensed
– – – U See PHMC § 18.20.075.
10.2.b
Packet Pg. 255 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) Clubs and lodges
UUUU
Community centerUUUU
Cultural institutionsUUUU
Day care, generalUUUUL-1
Park and recreational facilitiesUUUU
Public safety facilitiesUUUU
Offender rehabilitation
services
––––
Religious assemblyUUUU
Schools, public or privateUUUU
Utilities, majorUUUU
Utilities, minorPPPP
Wireless telecommunications
facility
L-4L-4L-4L-4 See PHMC Chapter 18.67.
Commercial Uses
Adult businesses––––
Animal boarding-–––
Animal clinicUUUU
Animal day careUUUU
Animal groomingPPPP
Animal hospitals----
Artists’ studiosPPPP
Banks and savings and loansPPPP
With drive-through
service
––––
Cannabis retailer, medical–UUU
Cannabis retailer, adult-use––––
Catering servicesPPPP
Commercial parking facility----
Eating and drinking
establishments
PPPP
With live
entertainment/dancing inside
of a building
––––
Type A–PPP See PHMC § 18.25.090 and PHMC
Chapter 18.70.
Type B–UUU See PHMC § 18.25.090 and PHMC
Chapter 18.70.
Type C–––- See PHMC § 18.25.090 and PHMC
Chapter 18.70.
With up to 12 outdoor seatsPPPP
10.2.b
Packet Pg. 256 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) With more than 12 outdoor
seats
U U U U
Fitness studio, less than 5,000
square feet
P P P P
Fitness studio, greater than
5,000 square feet
U U U U
Food and beverage sales P P P P
Hotels U U P P
Live entertainment – – – –
Type A – P P P
Type B – U U U
Type C – – – -
Medical marijuana
dispensaries
– – – –
Offices, general and medical,
less than 35 percent of the
gross floor area
P P P P
Personal improvement
services
U U U U
Personal services P P P P
Pharmacy P P P P
Retail sales, less than 20,000
square feet
P P P P
Research and Development U U U U
Retail sales, more than 20,000
square feet
L-3 U U U
Theaters – P P P
Travel services P P P P
Accessory Uses P/U P/U P/U P/U See PHMC § 18.20.050.
Temporary Uses
See
PHMC
Chapter
18.100.
Agricultural sales T T T – See L-5.
Arts and crafts show outdoors – T T – See L-1 and L-3.
Christmas tree sales – T T – See L-1 and L-5.
Civic and community events – T T – See L-1 and L-4.
Commercial filming, limited – T T – See L-1 and L-4.
Live entertainment events – T T – See L-1, L-2 and L-4.
10.2.b
Packet Pg. 257 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) MX-N, MX, MX-HD, and MX-VHD Districts: Limitations on Specific Use Classifications L-1 Permitted as an accessory use if limited to the ground floor, as specified in PHMC § 18.25.060.
L-2 Permitted as accessory to the primary use, occupying no more than 25% of the floor area of the primary use. Retail sales by separate tenants are not allowed.
L-3 Limited to use with fewer than 20,000 square feet. Uses in excess of 20,000 square feet shall be required to obtain a use permit and the user shall have to demonstrate that the use provides for the day-to-day convenience shopping and services of the neighborhood. Supermarkets are compatible with the neighborhood business district and does not require a use permit.
L-4 Permitted, subject to a setback of 200 feet from any residential use.
L-5 Use permit approval is required if the use is within 100 feet of a residential property line, the establishment conducts business between 10:00 p.m. and 7:00 a.m., and the establishment serves alcoholic beverages.
L-9 Not more than four events during any calendar year for not more than two consecutive days per event.
L-10 Not more than six events during any calendar year for not more than 14 consecutive or nonconsecutive days per event.
18.22.030 Property development regulations in the mixed-use districts.
A. Schedule 18.22.030 sets forth the development regulations for the MX-N, MX, MX-HD, and MX-VHD districts. Letters in parentheses in the “Additional Development Regulations” column refer to regulations following the schedule or to regulations located elsewhere in this chapter.
B. Supplemental regulations applicable to all development in the MX-N, MX, MX-HD, and MXVHD districts are in PHMC §§ 18.25.050 through 18.25.140; they set forth requirements for accessory structures; accessory uses in commercial, office and light industrial districts; eating and drinking establishments with take-out service; hazardous materials storage; live entertainment; outdoor facilities; recycling facilities; and service stations and automobile Outdoor exhibits – T T – See L-1 and L-4.
Personal property sales P P P – See L-9.
Pumpkin sales – T T – See L-1 and L-5.
Recreational events – T T – See L-1 and L-4.
Religious or group assembly
events
– T T – See L-1 and L-4.
Street fairs T T T T See L-5.
Swap meet – T T – See L-1 and L-3.
Trade fairs – T T – See L-1 and L-3.
Nonconforming Uses
See
PHMC
Chapter
18.65. 10.2.b
Packet Pg. 258 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) washing. Regulations applicable to all zoning districts, included in Part 4, include requirements for:
1. Additional site development regulations (PHMC Chapter 18.50);
2. Off-street parking and loading (PHMC Chapter 18.55);
3. Signs (PHMC Chapter 18.60);
4. Nonconforming uses and structures (PHMC Chapter 18.65); and
5. Adult uses (PHMC Chapter 18.70).
SCHEDULE 18.22.030 – DEVELOPMENT REGULATIONS IN MIXED-USE DISTRICTS
MX-N MX MX-HD MX-VHD
Additional
Development
Regulations
Minimum Lot Area
(square feet) 7,500 7,500 7,500 7,500
Minimum Lot
Width (feet) 75 75 75 75
Front setback (feet) 15 15 10 5 (C), (K)
Side setback (feet) 5 – - – (B), (C)
Corner Side setback
(feet) 15 10 10 5 (C)
Rear setback (feet) – – 5 5 (B), (C)
Aggregate Side
setback (feet) – – - – (C)
Creek Setbacks See PHMC § 18.50.150 regarding creek setbacks.
Scenic Route (feet) 50 50 50 50
Maximum Building
Height (feet) 35 40 50 60
Maximum Gross
FAR (commercial) 0.75 0.75 0.75 0.85
Minimum Site
Landscaping 25% 15% 15% 15% (D)
City-Wide
Objective Design
Standards
See PHMC §18.20.040.K.
(G)
Employee Eating
Area (F)
Commercial Uses (A)
Storm Drain Outlets (H)
Supplemental
Regulations See PHMC §§ 18.25.050 through 18.25.140 and Part 4.
Nonconforming
Structures See PHMC Chapter 18.65.
10.2.b
Packet Pg. 259 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) (Ord. 890 § 17, 2015; Ord. 856 § 2 (Exh. A), 2011; Ord. 844 § 5 (Exh. B), 2010; Ord. 710 § 35-6.4, 1996; 1991 code § 35-6.4)
18.22.040 Additional development regulations corresponding to Schedule 18.25.030.
A. Commercial Uses. Mixed-use sites not identified as a housing opportunity site towards part of the RHNA in the Pleasant Hill 6th Cycle Housing Element (2023-2031) shall include a minimum percentage of commercial based on the total proposed square footage of the project. Table
18.22.040-1 below outlines the minimum percentage of commercial based on specific corridors within the City.
Table 18.22.040-1
Mixed-Use Zone Setback Encroachments
B. Mixed-use Commercial Exception. Any existing single-family use in a mixed-use zone (MXN, MX, MX-HD, MX-VHD), or the replacement of an existing single-family use, is exempt from compliance with the mixed-use requirements for percentage of commercial uses outline in Table 18.22.040-1 and is considered a conforming use, for as long as the existing single-family use continues on the site. This exemption does not apply to:
1. Sites designated as housing opportunity sites in the Pleasant Hill 6th Cycle Housing Element (2023-2031).
2. Sites that undergo a lot merger with adjacent sites. Any parcels that undergo a lot consolidation shall adhere to all mixed-use use and development standard requirements.
C. Reductions from the Commercial Requirement. A Use Permit is required for mixed-use developments seeking to reduce the minimum commercial requirements in Table 18.22.040-1 and that are not exempt per Subsection B above. Additionally, a Market/Retail Feasibility Study will be required justifying the proposed reduction in commercial and why the required commercial is not feasible or that the net realized benefit to the City will be comparable to the minimum commercial percentage requirement.
D. MX-N, MX, MX-HD, and MX-VHD districts adjoining single-family residential districts. 25% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
15% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
10% COMMERCIAL
REQUIREMENT
(OF TOTAL GROSS
FLOOR AREA)
Contra Costa Boulevard Gregory Lane
All remaining areas Golf Club Drive Oak Park Boulevard
Monument Boulevard Pleasant Hill Road
Downtown Ellinwood Way
10.2.b
Packet Pg. 260 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
1. Planting area. A continuous planting area having at least a minimum width of five feet and at least five trees per 100 linear feet shall be provided along interior property lines adjoining a single-family residential district.
2. Fences and walls. A required yard abutting a residential district shall be enclosed by a solid wood, concrete, or masonry wall at least six feet but not more than eight feet in height, except that a wall within 15 feet of a street property line shall not exceed three feet in height. (See also PHMC § 18.25.140.)
REQUIRED WALLS: RESIDENTIAL USE ABUTTING NONRESIDENTIAL USE (The diagram is illustrative)
E. Building height, required yards, and stepbacks. In addition to all applicable standards established in this Chapter, buildings taller than 35 feet in height located on a parcel adjacent to a single-family residential zone shall use a minimum of one of the following techniques:
1. Stepbacks. The building shall be designed to “stepback” upper floors at least one-foot for every one-foot of increased building height above 35 feet. For example, consider a building with a proposed height of 40 feet. The height of the main wall of the building base would start at 35 feet at the required side and/or rear yard line, then increase by one foot for every foot beyond the side/rear yard line until it attains the height of 40 feet at a minimum distance of five feet behind the side/rear yard line.
2. Additional side and rear yard area. The required side and rear yards shall be increased by one-foot for every one-foot of structure height in excess of 35 feet, not to exceed 10 additional feet. For example, a building with a proposed height of 40 feet would have to be setback an additional five feet from the required side/year yard lines.
BUILDING HEIGHT, AND REQUIRED YARDS, AND STEPBACKS
10.2.b
Packet Pg. 261 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) (The diagram is illustrative)
F. Minimum site landscaping. Decorative hardscape, or pervious pavement may not be used to meet minimum landscape requirements as a matter of right.
Exception: Up to 50 percent of the required landscaping area may be provided through the use of decorative hardscape, and/or pervious pavement areas subject to architectural review or planning commission approval as part of a proposed project (see PHMC § 18.52.030.F).
G. Buildings that incorporate over 50,000 square feet of office space shall include employee showers, clothes changing rooms, and lockers.
H. Buildings that incorporate over 10,000 square feet of office space shall provide eating facilities for employees.
I. City-wide objective design standards. All mixed-use developments that include two-thirds of the total gross floor area dedicated to residential units shall comply with the multi-family residential objective design standards, as adopted by city council resolution.
1. Streamlined mixed-use projects that include two-thirds of the total gross floor area dedicated to residential units. If a proposed mixed-use project that includes two-thirds of the total gross floor area dedicated to residential units 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 mixeduse projects that include two-thirds of the total gross floor area dedicated to residential units that comply with all objective design standards shall be processed ministerially. Qualifying projects that do not comply with the objective design standards shall be subject to the architectural review permit process, as specified in PHMC Chapter 18.115. (Ord. 955 § 4, 2022; Ord. 949 §§ 4 – 6, 2021; Ord. 928 § 3, 2019; Ord. 890 § 11, 2015; Ord. 856 § 2 (Exh.
A), 2011; Ord. 796 § 5, 2005; Ord. 745 § 1, 2000; Ord. 727 §§ 5, 13, 1998; Ord. 710 § 35-
5.5, 1996; 1991 code § 35-5.5)
10.2.b
Packet Pg. 262 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) J. Storm drains. All storm drain inlets in the MX-N, MX, MX-HD, and MX-VHD districts shall comply with the city’s national pollutant discharge elimination system (NPDES) regulations. (See PHMC Chapter 15.05.)
K. Hotels. Full-service hotels may include restaurants, bars and lounges, massage and spa services, administrative offices, and meeting and banquet rooms.
L. Vehicular easements. A minimum required yard setback shall be provided and measured from any public or private vehicular easement boundary on the property.
M. Encroachments. The front setback shall be kept open, unobstructed, and unoccupied except by those allowable encroachments identified in Table 18.22.040-2 (Mixed-Use Zone Setback Encroachments).
Table 18.22.40-2
Mixed-Use Zone Setback Encroachments
IMPROVEMENT MAXIMUM ALLOWED
ENCROACHMENT
Sills, eaves, cornices, canopies, and other similar architectural features 8 feet or more above surface grade.
Allowed in setback area
Movable tables, chairs, umbrellas, outdoor heaters. Allowed in setback area Movable partitions or planters to define an outdoor seating area not exceeding three feet in height.
Allowed in setback area
Front stoop or porch. Allowed in setback area
Bicycle racks. Allowed in setback area
Trees and tree wells. Allowed in setback area
Planters and planting beds extending not more than 18 inches into the setback area and not more than 18 inches in height above grade Allowed in setback area Bay windows, on a foundation or cantilevered, chimneys, or wells for basement windows or stairs, occupying in the aggregate not more than 20 percent of the length of the side of the structure on which they are located. 2 feet into setback area
Utility structures less than six square feet in size. Allowed in setback area N. Windows. Not more than 30% of any storefront (exterior) door and/or window pane shall be blocked or made opaque through the use of window treatments, paint, vinyl applications, furniture or any other method that would obstruct visibility into the building unless approved by the architectural review commission. Obstructions more than three feet away from windows are exempt. Product display spaces are allowed subject to review and approval by the zoning administrator.
O. Balconies.
1. Balconies are only allowed above the second floor on mixed-use structures.
2. Step-back Encroachment. Balconies are only allowed to encroach up to 50 percent into the required step-back area (see Subsection B above).
P. Parking Structures.
10.2.b
Packet Pg. 263 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
1. Parking structures are allowed in the MX-VHD only as accessory to the primary uses of the site, not standalone.
2. In addition to the Off-Street Parking and Loading Regulations in PHMC Chapter 18.55, parking garages in mixed-use districts shall not be located on the ground floor of a structure unless the structure space designed for residential, commercial, or other nonresidential uses is located between the parking garage and the street. This requirement shall not prevent a parking garage entrance at the ground floor of a structure.
Q. Ground Floor Commercial Frontage. Ground floor commercial frontages shall comply with the following:
1. Create transparent façades with windows or clear glazing for at least 70 percent of the active frontage length along primary streets or public open spaces and 50 percent of the active frontage length along secondary streets.
2. Windows and clear glazing on the ground floor façade must have no opaque or semiopaque building elements wider than two inches or spaced more closely than five feet between three to 10 vertical feet from the sidewalk.
3. All ground floor commercial tenant spaces must be at least 45 feet deep for a minimum of 50 percent of primary street building façades, and at least 25 feet deep for a minimum of 50 percent of secondary street façades.
4. Fences or plantings between an active frontage and the edge of sidewalk along a primary street shall be a maximum of three feet in height.
5. Ground floor commercial tenant spaces shall have a minimum floor plate/ceiling height of 10 feet.
6. Ground floor commercial tenant spaces shall provide separate trash recycling enclosures, separate from the onsite residential uses.
R. Mixed-use Frontages. Mixed-use buildings shall locate the primary building entrance for commercial uses at the building edge that faces a primary street or a public open space.
10.2.b
Packet Pg. 264 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) Section 8. Section 18.50.020 Residential Use Classifications the following use classification is added in alphabetical order as follows:
Section 18.050.020 Residential Use Classifications
Mobile home park. Any area of land or property that has at least two mobile homes, manufactured homes, recreational vehicles, and/or lots that are held out for rent or lease.
Section 9. Section 18.55.030 Off-Street Parking and Loading Regulations – Multifamily residential off-street parking spaces required is amended as follows:
Section 18.55.030 Off-street parking and loading spaces required.
Multifamily residential 1 per studio or 1-bedroom unit of which 1 must be covered or 1.5 spaces per 2-bedroom or
larger unit of which 1 must be covered; plus 1
guest parking space for every 4 units.
Section 10. Section 18.55.070 Electric vehicle (EV), bicycle and motorcycle parking is amended as follows:
Section 18.55.070 Electric vehicle (EV), bicycle and non-automobile modes of transportation.
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 Chapter 14.75 PHMC.
B. Bicycle parking – Where required. Bicycle parking spaces shall be provided in every district as required by this section.
C. Bicycle parking – Number required.
1. Public and semipublic use classifications: as specified by use permit.
2. Commercial use classifications. Each development shall provide at least one bicycle space plus the equivalent of 2% of the requirement for automobile parking spaces.
10.2.b
Packet Pg. 265 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA)
3. Residential use classifications. Each development shall provide the equivalent of 1 bicycle parking space for every 10 required automobile parking spaces, with a minimum of 1 bicycle parking space per development.
D. Bicycle parking design requirements. For each bicycle parking space required, a stationary object shall be provided to which a user can secure both wheels and the frame of a bicycle with a six-foot cable and lock. The stationary object may be either a freestanding bicycle rack or a wallmounted bracket. The following alternative facilities may be provided, subject to approval of the zoning administrator:
1. An enclosed bicycle locker; or
2. A three-point bicycle rack which secures both wheels and the frame; or
3. A fenced, covered, locked or guarded bicycle storage area. Spacing of the bicycle units shall be figured on a handle width of three feet, a distance from bottom of wheel to top of handlebar, three feet, six inches, and a maximum wheel distance of six feet.
E. Motorcycle parking spaces. A commercial, office or industrial use having more than 10,000 square feet is required to designate at least one standard parking space as motorcycle parking.
The designated spaces’ entrance shall be a concrete piece at least 36 inches long and affixed to a foundation by epoxy cement. The wheel stops shall have a two-foot separation to provide access from the aisle or driveway. (Ord. 934 § 8, 2019; Ord. 906 § 11, 2016; Ord. 710 § 35-17.12, 1996; 1991 code § 35-17.12)
F. New development with more than 10 housing units or over 5,000 square feet of nonresidential uses shall include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).
Section 11. Chapter 18.140 Definitions includes the addition of the following:
Chapter 18.140 Definitions
Mixed-Use. Development projects where a variety of uses such as office, commercial, institutional, and residential are combined in a single building or on a single site in an integrated project.
Project Site. The specific location on which a development, structure, or building is proposed.
Primary Street. A main thoroughfare, including 'arterial' through routes and mixed-use, multifunctional streets (at least in part along their length), providing access to properties as well as other amenities.
Frontage (Building). The building façade facing a street or public open space. Frontage (Site) - The width of the site along a street or public open space.
10.2.b
Packet Pg. 266 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) Frontage (Street). The property line or part of the site facing a street or public open space.
Active Frontages. Building frontages with occupied spaces that encourage engagement between the building tenants and the public realm. Active frontages allow visual or physical access to the active uses within the building from streets, sidewalks, and paseos.
Stepback. A step-like recession in the profile of a multi-story building. A step back requires the building to take a step back from the street for every increase in height of the structure. Step backs can also be a design technique to reduce the visual impact of tall buildings.
Section 12. This ordinance is consistent with the following General Plan Policies and Programs:
Economics and Economy Element:
a) E-2.3 Retail and Restaurant Uses. Encourage quality retail and restaurant uses in strategic locations to support the success of mixed-use developments.
The proposed mixed-use zoning land use regulations promote a mix of uses, including retail and restaurant uses, as part of the required commercial component to encourage successful mixed-use developments.
Land Use Element:
b) LU-1.6 Transition in Scale. Require that new development transition appropriately in building scale, height and massing in relation to the physical and visual character of adjoining neighborhoods.
The proposed ordinance amendments include building height, setback, and stepback development standards for residential and mixed-use zones. The maximum building height standards are proposed to incrementally increase between lower-density zones to higher density zones. Additionally, buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties. c) LU-1.7 Multi-Story Development. Require multi-story buildings to incorporate step backs on upper floors to create a more human-scale and comfortable pedestrian environment.
The proposed ordinance amendments include building stepback development standards for residential and mixed-use zones. Buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional stepbacks to facilitate variation in building massing, creating a more human scale to allow increased light and air space to buffer from more dense development, and facilitate appropriate transitions to adjacent properties. d) LU-3.5 Varying Housing Typologies. Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.
10.2.b
Packet Pg. 267 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity. e) LU-4.5 Vertical and Horizontal Mixed-use. Encourage vertical and horizontal mixed-use development at key intersections and within neighborhoods that result in distinct and cohesive pedestrian-oriented destinations that provide additional neighborhood-serving amenities and intensified economic vitality.
The proposed mixed-use zoning designations promote a mix of diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use). Additionally, the new mixed-use zoning regulations include a requirement for a minimum percentage of commercial within a tiered system ranging from 10-percent, to 15-percent, to 25-percent depending on whether a parcel fronts a major commercial corridor or arterial to ensure the commercial core of the city is preserved.
f) LU-8.2 Incompatible Land Uses. Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with both proposed residential components of mixed-use development and adjacent existing residential areas. The land use regulations do not allow incompatible land uses that would be detrimental or pose a hazard to existing or proposed residential uses.
Housing Element:
g) H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.
The housing opportunity sites, as identified in the 2023-2031 Housing Element, were identified to ensure that a sufficient supply of residential land is maintained.
Additionally, these sites will be rezoned to higher density multi-family or mixeduse (as specified in the 2023-2031 Housing Element) to ensure that the envisioned densities can be obtained by potential development.
h) H-2.1 Housing Types. Allow a variety of housing types in all residential zones.
10.2.b
Packet Pg. 268 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixed-use district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity.
Transpiration and Circulation Element:
i) TC-6.4 Amenities for Non-Driving Modes of Transportation. Require new development with more than 10 housing units or over 5,000 square feet of nonresidential uses to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).
The proposed zoning ordinance amendment to the off-street parking and loading regulations (Chapter 18.55) requires that new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, ebike charging stations innovative bus shelter designs) in compliance with this policy.
Environment Element:
j) ENV-8.4 Land Use and Transportation Priorities. Support land uses and transportation improvements that prioritize alternative transportation modes that will reduce the number and length of automobile trips.
The proposed amendments include a reduction to the parking regulations for multifamily residential uses from 1.5 spaces to 1 space for studios and 1-bedroom units, and from 2 spaces to 1.5 spaces for 2-bedroom units and larger. The reduced vehicle parking requirements are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.
Section 13. 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.”
10.2.b
Packet Pg. 269 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) Section 14. This ordinance shall be effective 30 days after its adoption.
Section 15. Within fifteen days after the passage of this ordinance, the City Clerk shall cause it to be posted in the four 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 18th day of December, 2023.
ADOPTED and ordered posted at a meeting of the City Council of the City of Pleasant Hill, held on the __ day of ___, 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________________
MATTHEW RINN, Mayor
ATTEST:
_____________________________________
LYONE CONNER, City Clerk
10.2.b
Packet Pg. 270 Attachment: Attachment B - Proposed Ordinance (Clean) (Housing Element Related ZOA) §¨¦680
CENTER AVE
RELIEZ VALLEY RD
BOYD RD
RAMP
PLEASANT HILL RD
I 680 FWY
VIKING DR
GREGORY LN
MORELLO AVE
PACHECO BLVD
LUCILLE LN
GLORIA TER
WITHERS AVE
PASO NOGAL
RUTH DR
CONTRA COSTA BLVD
GOLF CLUB RD
DONEGAL WAY
DEVON AVE
HIGH ST
45 BERRY DR
CLEAVELAND RD
ARDITH DR
GRAYSON RD
MAUREEN LN
NORSE DR
KIKI DR
TEMPLE DR
SHIRLEY DR
OAK PARK BLVD
ODIN DR
GAIL DR
ELDERWOOD DR
MAYHEW WAY
VIVIAN DR
CAMELBACK RD
DORIS DR
KAHRS AVE
PASO NOGAL RD
SOULE AVE
MARY DR
ELINORA DR
ELL OI T DR
STUBBS RD
GLADYS DR
HOOKSTON RD
ROBERTA AVE
A
DORAY DR POLLO WAY
TWINVIEW DR
DIABLO VIEW RD
SHERMAN DR
MAZIE DR
LINDA LN
HELEN RD
WESTOVER DR
STAGECOACH DR
HAZEL DR
OAKVUE RD
HAMILTON DR
MOHAWK DR
RAYMOND DR
BELLE AVE
SECOND AVE
RAMONA DR
SHAW RD
HOOK AVE
C ST
MARCIA DR
KATHRYN DR
ASPEN DR
FLAME DR
LAS JUNTAS
MADEIRA WAY
HARRIET DR
LUELLA DR
BETH DR
GREENW CI H DR
SURMONT DR
ARIA DR
ROSE LN
BRANDON RD
SUNRISE RIDGE DR
POSHARD ST
MARGIE DR
SYLVIA DR
CYNTHIA DR
VESSIN DR
SHELLY DR
SANTA CRUZ DR
CLEOPATRA DR
BROWN DR
BONNIE LN
ALAN DR
JENNIE DR
LISA LN
ESTHER DR
ILENE DR
SANTA LUCIA DR
GLORIA DR
KATHLEEN DR
ELLINWOOD DR
EL CAJON
MAYBELLE DR
CORTSEN RD
MARTA DR
CIVIC DR
DEL RIO DR
BUTTNER RD
MANGINI RD
ALVINA DR
TEIGLAND RD
ADRIA DR
VINCENT RD
BYRON DR
BELVA LN
HOOVER AVE
FIRST AVE
HIDDEN POND RD
KAWAI LN
GOLF LINKS ST
TONO LN
STEVENSON DR
MAXINE DR
HARVARD DR
MASEFIELD DR
MOBILE DR
BUSKIRK AVE
HILLSDALE DR
DOBBS DR
STRAND AVE
CHARLTON DR
PRICE LN
EVELYN DR
ADA DR
PATTERSON BLVD
MERIAN DR
PADRE ST
BEVERLY DR
GERALDINE DR
BEATRICE RD
DAWN DR
DUKE CIR
HANNAN DR
BETTY LN
ELOISE AVE
DOROTHY DR
CAROLYN DR
CUMBERLAND DR
FREDA DR
ELDA DR
IRON HILL ST
TWINVIEW PL
AUDREY LN
LA PLAYA DR
SILVERHILL DR
DIABLO CT
ORION LN
NANCY LN
SAHARA DR
E VIVIAN DR
PILLON REAL
BANBRIDGE PL
JEANETTE DR
CROYDEN DR
WENDY DR
COLLINS DR
VILI WAY
VICKI LN
OAK PARK LN
CELIA DR
IRONWOOD DR
RIDGE VIEW DR
SKANDER LN
BELLE LN
JEANNE DR
H LI L LN
PEGGY DR
SKYVIEW DR
MARLEE RD
OLD QUARRY RD
LOCKWOOD LN
AVENIDA FLORES
JANICE DR
ALLEN WAY
VILLA CT
BAYLOR LN
CRESCENT PLZ
HUBBARD AVE
MONTI CIR
MINORU DR
BOIES DR
SHETLAND DR
PARKHAVEN DR
MASSOLO DR
ELDER DR
PLEASANT VALLEY DR
DOUGLAS LN
NETHERBY PL
FERNWOOD DR
STARLYN DR
DAISY PL
LORENZO DR
PLEASANT V EI W DR
ARGENTA DR
AHNETTA DR
ATRICE LN
VALLEY DR
RILEY DR
RANDOM WAY
AHNEITA DR
GOLF CLUB WAY
ASTRID DR
LONGBROOK WAY
PLEASANT OAKS DR
ALETA PL
FIELDCREST DR
RAINBOW LN
CAROB WAY
THEO DR
FAIR OAKS DR
POWELL AVE
PATRICK DR
LINDA DR
TURR NI DR
ELAINE WAY
LESLIE DR
ELLINWOOD WY
PHYLIS DR
JEFFREY DR
BIFROST AVE
CREEKSIDE RD
SOUTHWIND DR
VALLEY VIEW RD
JENNIFER WAY
DEL OCEANO DR
SINAI DR
PATRICIA DR
CAROLOS DR
WENDELL LN
RYAN DR
TERRY WAY
LITTLE LN
VINEYARD CT
LAIRD LN
BELINDA DR
ANELDA DR
SUSAN LN
BARNETT CIR
PRIMROSE DR
SUNSET RD
CLOUDVIEW DR
RICHIE DR
WILBUR DR
S BUCHANAN CIR
DEODAR DR
ERIN CT
JULIAN WAY
LONGFELLOW DR
CHARLES AVE
AGNES WAY
JACKSON WAY
DOUGLAS TER
STONEHEDGE DR
V OI LET WAY
PERSHING DR
RAMADA CT
MERCURY WAY
CAMPBELL LN
ELLINWOOD WAY
S THIRD AVE
HERITAGE HILLS DR
W HOOKSTON RD
DUBLIN DR
SANTA MONICA DR
OSBORNE LN
MARYAL RD
PARKHAVEN CT
FIELDCREST CIR
WESTOVER LN
ODIN PL
CLIFFSIDE DR
CHIANTI PL
VIA PERALTA
VALLEY HIGH DR
MEDINA DR
KEATS CIR
SANKO RD
GLEN OAK CT
BLISS CT
BEST RD
VISTA DEL RIO
PEBBLE BEACH LOOP
JIB CT
HORTEN CT TEMPE CT
STEVEN CIR
SWANSEA LN
FENSALIR AVE
ESTAND WAY
JANIN PL
AMATE WAY
N POND CT
SUNTREE LN
PLATO CT
ALMOND AVE
MESA VERDE PL
MONIVEA PL
CHRISTEN DR
BUD CT
AUDREY CT
HARDY CIR
WIGGINS CT
FENSLAIR DR
COTTONWOOD DR
FREYA WAY
EDNA DR
ORAM LN
KINDER LN
TAMMY LN
SUNSET DR
SPAR CT
DAMASCUS DR
HAWTHORNE DR
WOODSWORTH LN
SUEZ DR
KAIMU DR
WELLER CT
MARGUERITE AVE
ST JOAN LN
LUCINDA LN
PASO NOGAL CT
4TH AVE
MO SI O LN
HANNIBAL DR
MAGDA WAY
SELIMA DR
ELLINGTON TER
EL SERENA
DERBY CT
SAFARI WAY
MONTE CRESTA AVE
STARBRIDGE CT
LENOX CT
MALAGA WAY
ELMIRA LN
BLACKWOOD DR
S POND CT
N BUCHANAN CIR
KATIE CT
HIDDEN POND LN
KULANI DR
BRIDGE RD
POPPY PL
TAHOE CT
TREADWAY LN
GOLF CLUB CIR
ROGERS CT
VALLEY CT
TOWERS DR
MARVIN DR
TEMPLE CT
COLT CT
HIEBER DR
TAMBOR WAY
BENTLEY CT
MILBURN DR
ELMINYA DR
MINTON CT
W BOYD RD
DUFFY CT
MC KISSICK ST
WARD CT
OAKVUE LN
BRUCE CT
OAKVUE CT
HERO CT
BROOKWOOD DR
TRAILSIDE PL
CLARA CT
CUMBERLAND CT
GERIOLA CT
LA PLAYA CT
SHADOWOOD DR
RODEO CT
POLLEY LN
IROQUOIS DR
S 5TH AVE
JEWELL LN
SUDAN LOOP
GREENDELL PL
ACKLEY CT
ONLEY DR
HOOVER CT
BONNIE PL
P NI EV EI W CT
SKY RANCH CT
COLEMAN CT
MOUNTAIN VIEW
DEL ESTE CT
COLLEGE WAY
VISTA GRANDE
MONTE CRESTA DR
HEDARO CT
S SECOND AVE
SHEILA CT
ST LA WAY
CORNELL CT
ELLIS CT
DOULTON CT
WILDFLOWER DR
PANTANO CIR
BYRDEE WAY
THERESA LN
CLAIRE DR
BAROCIO CT
RIDGEVALE LN
JEMCO CT
SILVERHILL WAY
S CODY LN
ISOLA LN
VERBENA PL
ELTON DR
TONSTAD PL
HILLCREST CIR
TERRA TERESA
TYR CT
LINDA CT
HAMAR ST
WILDWOOD PL
MOZDEN LN
CHRISTINE CT
HOPECO RD
ERIC CT
ROUSE CT
FAFNIR PL
DEL VISTA CT
PARADISE LN
HALTEN CT
BYRON CT
DEERHAVEN PL
WHITFIELD CT
IVY CT
OAK BROOK PL
BARBARA CT
ROCHE DR
CHOLLA CT
VESSING RD
MCKISSICK ST
DARIAN LN
EDIE CT
BABETTE CT
KILGO CT
ECHO CT
OAK VISTA CT
ST LAWRENCE LN
BURNS CT
CHATHAM CT
MARICOPA CT
CARTE PL
FALLS CT
DIABLO VIEW
LIAHONA CT
BENTHILL CT
BONNIE CT
CAMELBACK CT
MACGREGGOR RD
DAKAR DR
HODUR CT
SEAN CT
LOIS CT
TOKAY CT
SURMONT CT
MANOR PARK CIR
TOPAZ LN
KINGSLEY CT
DAISY CT
KAROL LN
STANMORE DR
BOYD CT
RIDGE VIEW PL
LUP NI E LN
COUNTRY CLUB DR
TWINBRIDGE CIR
ELLIOTT CT
KHARTOUM DR
WOOD CREEK PL
BUXTON CIR
COATS CIR
FAYE CT
BLUE GUM CT
CALDWELL CT
BRANDON CT
MULLBERRY LP
EASTER CT
MAY CT
LINDSEY CT
BARTON CT
BROWN CT
GROVE CIR
LENA CT
WYATT CIR
CEDAR CT
FOOTHILL PARK TER
PARKHURST PL
STRAND CT
FLAME CT
BISKRA WAY
APRIL CT
RIDGE PL
CARRIE CT
UPSON CT
STELLA CT
DUDLEY CT
SHERYL CT
FAWN CREEK CT
WARREN LN
BRISTOL CT
DUNBAR CT
DEL RIO CT
SUZANNE PL
KINNEY CT
SKANDER CT
PARK PL
CINDY CT
PALMER CT
CARRICK CT
ARDMORE CT
MONTI CT
CHERRY HILLS DR
CHESTER CT
OAKSIDE CT
D
FLORA CT
RIFTWOOD CT
SALTER CT
SPARROW CT
MEDALLION CT
QUIETWOOD LN
MESQUITE DR
RAMP
I 680 FWY
RAMP
N MA NI ST
PACHECO BLVD
I 680 FWY
PLEASANT HILL RD
GRAYSON RD
I 680 FWY OAK PARK BLVD
MERCURY WAY
BOYD RD
OAKVUE LN
GOLF CLUB RD
HWY 242 HWY
HELEN RD
MONUMENT BLVD
I 680 FWY
RAMP
Cal. Riding & Hiking Trl.
PATTERSON BLVD
RAMP
WARD CT
FIRST AVE
PACHECO BLVD
PASO NOGAL
RAMP
RUTH DR
OAK RD
ALHAMBRA AVE
CONTRA COSTA BLVD
RAMP
LISA LN
RAMP
FIRST AVE
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.125 0.25 0.5
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Exhibit A: Proposed 2023 Zoning Map
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 271 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) §¨¦680
CENTER AVE
RELIEZ VALLEY RD
BOYD RD
RAMP
PLEASANT HILL RD
I 680 FWY
VIKING DR
GREGORY LN
MORELLO AVE
PACHECO BLVD
LUCILLE LN
GLORIA TER
WITHERS AVE
PASO NOGAL
RUTH DR
CONTRA COSTA BLVD
GOLF CLUB RD
DONEGAL WAY
DEVON AVE
HIGH ST
45 BERRY DR
CLEAVELAND RD
ARDITH DR
GRAYSON RD
MAUREEN LN
NORSE DR
KIKI DR
TEMPLE DR
SHIRLEY DR
OAK PARK BLVD
ODIN DR
GAIL DR
ELDERWOOD DR
MAYHEW WAY
VIVIAN DR
CAMELBACK RD
DORIS DR
KAHRS AVE
PASO NOGAL RD
SOULE AVE
MARY DR
ELINORA DR
ELL OI T DR
STUBBS RD
GLADYS DR
HOOKSTON RD
ROBERTA AVE
A
DORAY DR POLLO WAY
TWINVIEW DR
DIABLO VIEW RD
SHERMAN DR
MAZIE DR
LINDA LN
HELEN RD
WESTOVER DR
STAGECOACH DR
HAZEL DR
OAKVUE RD
HAMILTON DR
MOHAWK DR
RAYMOND DR
BELLE AVE
SECOND AVE
RAMONA DR
SHAW RD
HOOK AVE
C ST
MARCIA DR
KATHRYN DR
ASPEN DR
FLAME DR
LAS JUNTAS
MADEIRA WAY
HARRIET DR
LUELLA DR
BETH DR
GREENW CI H DR
SURMONT DR
ARIA DR
ROSE LN
BRANDON RD
SUNRISE RIDGE DR
POSHARD ST
MARGIE DR
SYLVIA DR
CYNTHIA DR
VESSIN DR
SHELLY DR
SANTA CRUZ DR
CLEOPATRA DR
BROWN DR
BONNIE LN
ALAN DR
JENNIE DR
LISA LN
ESTHER DR
ILENE DR
SANTA LUCIA DR
GLORIA DR
KATHLEEN DR
ELLINWOOD DR
EL CAJON
MAYBELLE DR
CORTSEN RD
MARTA DR
CIVIC DR
DEL RIO DR
BUTTNER RD
MANGINI RD
ALVINA DR
TEIGLAND RD
ADRIA DR
VINCENT RD
BYRON DR
BELVA LN
HOOVER AVE
FIRST AVE
HIDDEN POND RD
KAWAI LN
GOLF LINKS ST
TONO LN
STEVENSON DR
MAXINE DR
HARVARD DR
MASEFIELD DR
MOBILE DR
BUSKIRK AVE
HILLSDALE DR
DOBBS DR
STRAND AVE
CHARLTON DR
PRICE LN
EVELYN DR
ADA DR
PATTERSON BLVD
MERIAN DR
PADRE ST
BEVERLY DR
GERALDINE DR
BEATRICE RD
DAWN DR
DUKE CIR
HANNAN DR
BETTY LN
ELOISE AVE
DOROTHY DR
CAROLYN DR
CUMBERLAND DR
FREDA DR
ELDA DR
IRON HILL ST
TWINVIEW PL
AUDREY LN
LA PLAYA DR
SILVERHILL DR
DIABLO CT
ORION LN
NANCY LN
SAHARA DR
E VIVIAN DR
PILLON REAL
BANBRIDGE PL
JEANETTE DR
CROYDEN DR
WENDY DR
COLLINS DR
VILI WAY
VICKI LN
OAK PARK LN
CELIA DR
IRONWOOD DR
RIDGE VIEW DR
SKANDER LN
BELLE LN
JEANNE DR
H LI L LN
PEGGY DR
SKYVIEW DR
MARLEE RD
OLD QUARRY RD
LOCKWOOD LN
AVENIDA FLORES
JANICE DR
ALLEN WAY
VILLA CT
BAYLOR LN
CRESCENT PLZ
HUBBARD AVE
MONTI CIR
MINORU DR
BOIES DR
SHETLAND DR
PARKHAVEN DR
MASSOLO DR
ELDER DR
PLEASANT VALLEY DR
DOUGLAS LN
NETHERBY PL
FERNWOOD DR
STARLYN DR
DAISY PL
LORENZO DR
PLEASANT V EI W DR
ARGENTA DR
AHNETTA DR
ATRICE LN
VALLEY DR
RILEY DR
RANDOM WAY
AHNEITA DR
GOLF CLUB WAY
ASTRID DR
LONGBROOK WAY
PLEASANT OAKS DR
ALETA PL
FIELDCREST DR
RAINBOW LN
CAROB WAY
THEO DR
FAIR OAKS DR
POWELL AVE
PATRICK DR
LINDA DR
TURR NI DR
ELAINE WAY
LESLIE DR
ELLINWOOD WY
PHYLIS DR
JEFFREY DR
BIFROST AVE
CREEKSIDE RD
SOUTHWIND DR
VALLEY VIEW RD
JENNIFER WAY
DEL OCEANO DR
SINAI DR
PATRICIA DR
CAROLOS DR
WENDELL LN
RYAN DR
TERRY WAY
LITTLE LN
VINEYARD CT
LAIRD LN
BELINDA DR
ANELDA DR
SUSAN LN
BARNETT CIR
PRIMROSE DR
SUNSET RD
CLOUDVIEW DR
RICHIE DR
WILBUR DR
S BUCHANAN CIR
DEODAR DR
ERIN CT
JULIAN WAY
LONGFELLOW DR
CHARLES AVE
AGNES WAY
JACKSON WAY
DOUGLAS TER
STONEHEDGE DR
V OI LET WAY
PERSHING DR
RAMADA CT
MERCURY WAY
CAMPBELL LN
ELLINWOOD WAY
S THIRD AVE
HERITAGE HILLS DR
W HOOKSTON RD
DUBLIN DR
SANTA MONICA DR
OSBORNE LN
MARYAL RD
PARKHAVEN CT
FIELDCREST CIR
WESTOVER LN
ODIN PL
CLIFFSIDE DR
CHIANTI PL
VIA PERALTA
VALLEY HIGH DR
MEDINA DR
KEATS CIR
SANKO RD
GLEN OAK CT
BLISS CT
BEST RD
VISTA DEL RIO
PEBBLE BEACH LOOP
JIB CT
HORTEN CT TEMPE CT
STEVEN CIR
SWANSEA LN
FENSALIR AVE
ESTAND WAY
JANIN PL
AMATE WAY
N POND CT
SUNTREE LN
PLATO CT
ALMOND AVE
MESA VERDE PL
MONIVEA PL
CHRISTEN DR
BUD CT
AUDREY CT
HARDY CIR
WIGGINS CT
FENSLAIR DR
COTTONWOOD DR
FREYA WAY
EDNA DR
ORAM LN
KINDER LN
TAMMY LN
SUNSET DR
SPAR CT
DAMASCUS DR
HAWTHORNE DR
WOODSWORTH LN
SUEZ DR
KAIMU DR
WELLER CT
MARGUERITE AVE
ST JOAN LN
LUCINDA LN
PASO NOGAL CT
4TH AVE
MO SI O LN
HANNIBAL DR
MAGDA WAY
SELIMA DR
ELLINGTON TER
EL SERENA
DERBY CT
SAFARI WAY
MONTE CRESTA AVE
STARBRIDGE CT
LENOX CT
MALAGA WAY
ELMIRA LN
BLACKWOOD DR
S POND CT
N BUCHANAN CIR
KATIE CT
HIDDEN POND LN
KULANI DR
BRIDGE RD
POPPY PL
TAHOE CT
TREADWAY LN
GOLF CLUB CIR
ROGERS CT
VALLEY CT
TOWERS DR
MARVIN DR
TEMPLE CT
COLT CT
HIEBER DR
TAMBOR WAY
BENTLEY CT
MILBURN DR
ELMINYA DR
MINTON CT
W BOYD RD
DUFFY CT
MC KISSICK ST
WARD CT
OAKVUE LN
BRUCE CT
OAKVUE CT
HERO CT
BROOKWOOD DR
TRAILSIDE PL
CLARA CT
CUMBERLAND CT
GERIOLA CT
LA PLAYA CT
SHADOWOOD DR
RODEO CT
POLLEY LN
IROQUOIS DR
S 5TH AVE
JEWELL LN
SUDAN LOOP
GREENDELL PL
ACKLEY CT
ONLEY DR
HOOVER CT
BONNIE PL
P NI EV EI W CT
SKY RANCH CT
COLEMAN CT
MOUNTAIN VIEW
DEL ESTE CT
COLLEGE WAY
VISTA GRANDE
MONTE CRESTA DR
HEDARO CT
S SECOND AVE
SHEILA CT
ST LA WAY
CORNELL CT
ELLIS CT
DOULTON CT
WILDFLOWER DR
PANTANO CIR
BYRDEE WAY
THERESA LN
CLAIRE DR
BAROCIO CT
RIDGEVALE LN
JEMCO CT
SILVERHILL WAY
S CODY LN
ISOLA LN
VERBENA PL
ELTON DR
TONSTAD PL
HILLCREST CIR
TERRA TERESA
TYR CT
LINDA CT
HAMAR ST
WILDWOOD PL
MOZDEN LN
CHRISTINE CT
HOPECO RD
ERIC CT
ROUSE CT
FAFNIR PL
DEL VISTA CT
PARADISE LN
HALTEN CT
BYRON CT
DEERHAVEN PL
WHITFIELD CT
IVY CT
OAK BROOK PL
BARBARA CT
ROCHE DR
CHOLLA CT
VESSING RD
MCKISSICK ST
DARIAN LN
EDIE CT
BABETTE CT
KILGO CT
ECHO CT
OAK VISTA CT
ST LAWRENCE LN
BURNS CT
CHATHAM CT
MARICOPA CT
CARTE PL
FALLS CT
DIABLO VIEW
LIAHONA CT
BENTHILL CT
BONNIE CT
CAMELBACK CT
MACGREGGOR RD
DAKAR DR
HODUR CT
SEAN CT
LOIS CT
TOKAY CT
SURMONT CT
MANOR PARK CIR
TOPAZ LN
KINGSLEY CT
DAISY CT
KAROL LN
STANMORE DR
BOYD CT
RIDGE VIEW PL
LUP NI E LN
COUNTRY CLUB DR
TWINBRIDGE CIR
ELLIOTT CT
KHARTOUM DR
WOOD CREEK PL
BUXTON CIR
COATS CIR
FAYE CT
BLUE GUM CT
CALDWELL CT
BRANDON CT
MULLBERRY LP
EASTER CT
MAY CT
LINDSEY CT
BARTON CT
BROWN CT
GROVE CIR
LENA CT
WYATT CIR
CEDAR CT
FOOTHILL PARK TER
PARKHURST PL
STRAND CT
FLAME CT
BISKRA WAY
APRIL CT
RIDGE PL
CARRIE CT
UPSON CT
STELLA CT
DUDLEY CT
SHERYL CT
FAWN CREEK CT
WARREN LN
BRISTOL CT
DUNBAR CT
DEL RIO CT
SUZANNE PL
KINNEY CT
SKANDER CT
PARK PL
CINDY CT
PALMER CT
CARRICK CT
ARDMORE CT
MONTI CT
CHERRY HILLS DR
CHESTER CT
OAKSIDE CT
D
FLORA CT
RIFTWOOD CT
SALTER CT
SPARROW CT
MEDALLION CT
QUIETWOOD LN
MESQUITE DR
RAMP
I 680 FWY
RAMP
N MA NI ST
PACHECO BLVD
I 680 FWY
PLEASANT HILL RD
GRAYSON RD
I 680 FWY OAK PARK BLVD
MERCURY WAY
BOYD RD
OAKVUE LN
GOLF CLUB RD
HWY 242 HWY
HELEN RD
MONUMENT BLVD
I 680 FWY
RAMP
Cal. Riding & Hiking Trl.
PATTERSON BLVD
RAMP
WARD CT
FIRST AVE
PACHECO BLVD
PASO NOGAL
RAMP
RUTH DR
OAK RD
ALHAMBRA AVE
CONTRA COSTA BLVD
RAMP
LISA LN
RAMP
FIRST AVE
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.125 0.25 0.5
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MULTIPLE FAMILY:
HIGH DENSITY
MIXED USE:
HIGH DENSITY
MIXED USE:
HIGH DENSITY
MIXED USE:
HIGH DENSITY
MIXED USE
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
VERY HIGH
DENSITY
Date: December 2023
10.2.c
Packet Pg. 272 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 153030054
GOLF CLUB RD
S
TU
B
B
S
R
D
CAMELBACK RD
CHILPANCINGO PKWY
PA
S
O
N
O
GA
L
OLD QUARRY RD
PA
SO
NOGAL
RD
TEMPE
C
T
CHOLLA CT
CAMELBACK CT
LENA
CT
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.015 0.03 0.06
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
VERY HIGH
DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 273 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 150052009
127061030
127050052
DORIS DR
DORAY DR
CONTRA
COSTA
BL
VD
SHIRLEY
DR
WEND
Y
D
R
BETH DR
LUELLA DR
SYLVIA DR
CYNTHIA DR
JENNIE DR
S
U
SA
N
L
N
MASSOLO DR
HAZEL DR
MARGIE DR
ELDA DR
LINDA
D
R
LORENZO DR
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.01 0.02 0.04
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
HIGH DENSITY
MIXED USE:
HIGH DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 274 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 150150079
150123028
150123023
150150040
150150058
150150066
150123025
150150019
150123024
150150055
RAMP
VIVIAN DR
GREGORY LN
C
O
N
TRA
C
O
S
TA
B
L
VD
PE
G
G
Y
D
R
M
O
Z
D
E
N
L
N
MAZIE DR
E VIVIAN DR
CELIA DR
ANELDA DR
WOODSWORTH LN
PHYLIS DR
TR
EA
D
WA
Y
L
N
B
UD
C
T
LINDA
D
R
Z
URIC
H
C
T
CLEAVELAND RD
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.01 0.02 0.04
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
HIGH DENSITY
MIXED USE
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 275 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 148010023
148010012
148010028 148010024
148010026
148010022
148010013
148010019
148010021
148010020
LISA LN
MONUMENT BLVD
RAMONA DR
CLEOPATRA DR
MARCIA DR
JANICE DR
FAIR OAKS DR
ELAINE WAY
AGNES WAY
BELINDA DR
ADELA CT
FLORA CT
LISA LN
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.01 0.02 0.04
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
HIGH DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 276 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 152132047
149380007
166081031
164131027
166081051 149010090
166081052
PLEASANT HILL
RD
LOCKWOOD LN
GREGORY LN
MA
UR
EEN
L
N
SUNSET RD
GRAYSON RD
G
R
EE
N
W
CI H
D
R
WESTOVER LN
VALLEY VIEW RD
D
O
VE
C
T
STRAND AVE
ALLEN WAY
KINGSLEY CT
UPSON CT
ARDMORE CT
FA
L
C
O
N
C
T
S
PA
R
R
O
W
C
T
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.01 0.02 0.04
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MIXED USE:
HIGH DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 277 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 152010004
PA
S
O
N
O
GA
L
KA
WAI L
N
PILLON REAL
DAIS
Y
PL
POPPY PL
SHETLAND DR
ROCKRIDGE
DR
WILDFLOWER DR
SADDLEBROOK
LN
DAISY CT
PRIMROSE DR
STRAYHORN RD
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.01 0.02 0.04
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MULTIPLE FAMILY -
HIGH DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 278 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) 154140015
MORELLO AVE
PASO
NOGAL
RIDGE
VIEW DR
NETHERBY
PL
DOUGLAS TER
JANIN
PL
ST JOAN LN
EL
LIN
G
TO
N
TER
CLIFFSIDE DR
FELLOWS DR
PASO NOGAL CT
VALLEY HIGH DR
ST LAWRENCE LN
RID
G
E
VIE
W
PL
MILES
CT
KENTON CIR
Single Family - 6000 sq ft Lots
Single Family - 7000 sq ft Lots
Single Family - 10,000 sq ft Lots
Single Family - Avg 10,000 sq ft Lots
Single Family - 15,000 sq ft Lots
Single Family - 20,000 sq ft Lots
Multiple Family - Low Density
Multiple Family - Medium Density
Multiple Family - High Density
Mixed Use: Neighborhood
Mixed Use
Mixed Use: High
Mixed Use: Very High
Neighborhood Business
Retail Business
General Commercial
Professional & Administrative Offices
Limited Industrial
Planned Unit District
Precise Plan District
Hillside Planned Unit District
Light Industrial Overlay
City Boundary
Sphere of Influence
0 0.015 0.03 0.06
Miles
Source: Mintier Harnish, 2023
Date: April 2023
Specific Sites -
Proposed 2023 Zoning Map
MULTIPLE FAMILY -
HIGH DENSITY
Exhibit A: Specific Sites -
Proposed 2023 Zoning Map
Date: December 2023
10.2.c
Packet Pg. 279 Attachment: Attachment C - Proposed Ordinance Exhibit A - Zoning Map (Housing Element Related ZOA) RESOLUTION NO. 23 - 23
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PLEASANT HILL
RECOMMENDING THAT THE CITY COUNCIL REZONE HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 2023-2031 HOUSING ELEMENT, AND AMEND PLEASANT HILL MUNICIPAL CODE CHAPTER 18.20 (R - RESIDENTIAL DISTRICTS), INTRODUCE CHAPTER 18.22 (MIXED-USE DISTRICTS), AND AMEND CHAPTER 18.50 (USE CLASSIFICATIONS), 18.55 (OFF-STREET PARKING AND LOADING) AND CHAPTER
18.140 (DEFINITIONS)
WHEREAS, the Housing Opportunity Sites, identified in the 2023-2031 Housing Element are proposed to be rezoned for consistency with the General Plan and State Housing Element Law; and
WHEREAS, amendments to Title 18 of the Pleasant Hill Municipal Code are related to multi-family residential zoning districts and new mixed-use zoning district, with related amendments to use classifications, off street parking standards and definitions; and WHEREAS, the amendments are necessary to implement the goals and policies of the recently adopted 2040 General Plan and 2023-2031 Housing Element; and WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing on the proposed ordinance amendments was held by the Planning Commission on November 29, 2023 where all interested persons might appear and be heard.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission recommends that the City Council approve the exemption from CEQA and adopt the attached zoning ordinance (Exhibit A) based on the following findings:
Section 1. CEQA Finding
The Planning Commission hereby finds that no further environmental review is required for the proposed ordinance amendments as the previously certified EIR ( certified on May 18, 2023) adequately addressed the environmental impacts of the proposed land use changes and the scope of the proposed amendments is not more intensive than what was analyzed in the EIR.
Section 2. Zoning Ordinance Amendment Findings
1. The new ordinance sections shall be consistent with the policies of the General Plan; Economics and Economy Element:
a) E-2.3 Retail and Restaurant Uses. Encourage quality retail and restaurant uses in strategic locations to support the success of mixed-use developments.
10.2.d
Packet Pg. 280 Attachment: PC Resolution 23-23 Recommending Rezoning (Housing Element Related ZOA) The proposed mixed-use zoning land use regulations promote a mix of uses, including retail and restaurant uses, as part of the required commercial component to encourage successful mixed-use developments.
Land Use Element:
b) LU-1.6 Transition in Scale. Require that new development transition appropriately in building scale, height and massing in relation to the physical and visual character of adjoining neighborhoods.
The proposed ordinance amendments include building height, setback, and stepback development standards for residential and mixed-use zones. The maximum building height standards are proposed to incrementally increase between lower-density zones to higher density zones. Additionally, buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional step backs, or setbacks to facilitate variation in building massing and appropriate transitions to adjacent properties. c) LU-1. 7 Multi-Story Development Require multi-story buildings to incorporate step backs on upper floors to create a more human-scale and comfortable pedestrian environment.
The proposed ordinance amendments include building stepback development standards for residential and mixed-use zones. Buildings over 35 feet tall, when located on parcels adjacent to single-family development, will be required to incorporate additional stepbacks to facilitate variation in building massing, creating a more human scale to allow increased light and air space to buffer from more dense development, and facilitate appropriate transitions to adjacent properties. d) LU-3.5 Varying Housing Typologies. Support the development of a broad range of housing types, to increase housing choice, neighborhood diversity, and innovative design.
The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixeduse district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity. e) LU-4.5 Vertical and Horizontal Mixed-use. Encourage vertical and horizontal mixed-use development at key intersections and within neighborhoods that result in distinct and cohesive pedestrian-oriented destinations that provide additional neighborhood-serving amenities and intensified economic vitality. 2 10.2.d
Packet Pg. 281 Attachment: PC Resolution 23-23 Recommending Rezoning (Housing Element Related ZOA) The proposed mixed-use zoning designations promote a mix of diverse uses, including residential, commercial, office, entertainment, and personal services, located within the same building (vertical mixed--use) or on the same site (horizontal mixed-use). Additionally, the new mixed-use zoning regulations include a requirement for a minimum percentage of commercial within a tiered system ranging from 10-percent, to 15-percent, to 25-percent depending on whether a parcel fronts a major commercial corridor or arterial to ensure the commercial core of the city is preserved.
j) LU-8.2 Incompatible Land Uses. Prohibit the introduction of new incompatible land uses and environmental hazards into existing residential areas.
The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with both proposed residential components of mixed-use development and adjacent existing residential areas. The land use regulations do not allow incompatible land uses that would be detrimental or pose a hazard to existing or proposed residential uses.
Housing Element:
g) H-1.2 Maintain Adequate Supply. Maintain a sufficient supply of residential land with appropriate zoning to meet locally generated housing needs.
The housing opportunity sites, as identified in the 2023-2031 Housing Element, were identified to ensure that a sufficient supply of residential land is maintained.
Additionally, these sites will be rezoned to higher density multi-family or mixeduse (as specified in the 2023-2031 Housing Element) to ensure that the envisioned densities can be obtained by potential development.
h) H-2.1 Housing Types. Allow a variety of housing types in all residential zones.
The proposed zoning ordinance amendments allow for a range of housing types in multi-family and mixed-use zones. The summary of each residential and mixeduse district is outlined in the zoning ordinance amendments. Multi-family zones allow a range of housing types from single-family homes and ADUs/JADUs to duplexes, townhomes and higher density multi-family development. Similarly, mixed-use zones allow for live work units, townhouses, apartments, studio flats, and condominiums. The range in housing types will encourage an increase in housing typologies within the City and create neighborhood diversity.
Transpiration and Circulation Element:
i) TC-6.4 Amenities for Non-Driving Modes of Transportation. Require new development with more than 10 housing units or over 5,000 square feet of nonresidential uses to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community (e.g., bicycle 3 10.2.d
Packet Pg. 282 Attachment: PC Resolution 23-23 Recommending Rezoning (Housing Element Related ZOA) lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, e-bike charging stations innovative bus shelter designs).
The proposed zoning ordinance amendment to the off-street parking and loading regulations (Chapter 18.55) requires that new developments with more than 10 housing units or more than 5,000 square feet of non-residential uses will be required to include amenities that encourage active modes of transportation that reduce pollution or VMT as a benefit to the community ( e.g., bicycle lockers/racks, showers, dedicated vanpool or carpool parking areas, dedicated shuttle services, ebike charging stations innovative bus shelter designs) in compliance with this policy.
Environment Element:
j) ENV-8.4 Land Use and Transportation Priorities. Support land uses and transportation improvements that prioritize alternative transportation modes that will reduce the number and length of automobile trips.
The proposed amendments include a reduction to the parking regulations for multifamily residential uses from 1.5 spaces to 1 space for studios and I-bedroom units, and from 2 spaces to 1.5 spaces for 2-bedroom units and larger. The reduced vehicle parking requirements are intended to have more practical parking requirements for higher density type of housing that may lower vehicle ownership and can make use of alternative modes of transportation.
2. The ordinance amendment shall be consistent with the purpose of the Zoning Ordinance, which is to protect and promote the public health, safety and general welfare and implement the policies of the General Plan, more specifically:
a. Provide a precise guide for the physical development of the City to preserve the character and quality of the residential neighborhoods, foster convenient, harmonious and workable relationships among land uses and achieve the arrangement of land uses described in the General Plan.
The proposed zoning ordinance amendments are necessary to achieve the land uses and densities outlined in the 2040 General Plan and outline specific development standards to ensure future development is consistent with the General Plan. The amended multi-family residential development standards and new mixed-use development standards include maximum height limits, setback and stepback requirements, and use restrictions to ensure that new physical development is both a harmonious addition to the City and compatible with adjacent residential neighborhoods.
b. Promote the economic stability of existing land uses.
The proposed land use regulations for new mixed-use zoning districts permit and conditionally permit commercial land uses including residential, retail, eating and drinking establishments, service uses, and other similar uses that would be compatible with, and support, existing land uses thorough out the City. The 4 10.2.d
Packet Pg. 283 Attachment: PC Resolution 23-23 Recommending Rezoning (Housing Element Related ZOA) introduction of new residents near existing and new commercial will encourage the economic stability of local commercial businesses who will benefit :from additional local patrons.
c. Prevent excessive population densities and overcrowding of land and buildings.
The proposed zoning ordinance amendments implement the densities outlined in the approved 2040 General Plan, which were analyzed to prevent excessive population density and overcrowding.
d. Ensure the provision of adequate open space for light, air and fire safety.
The proposed ordinance amendment would not promote development that would impact open space for light, air and fire safety, as all new developments would still be subject to building and fire code requirements. Additionally, the ordinance provisions include minimum landscaping and open space requirements for new developments.
e. Ensure that service demands of new development will not exceed the capacities of existing streets, utilities or public services.
The proposed zoning ordinance amendments implement the densities outlined in the approved 2040 General Plan, which were analyzed to ensure that the City's infrastructure could meet the demands of new development. Additionally, new development will be required to comply with policies and standards of public utility agencies.
ADOPTED by the Planning Commission, City of Pleasant Hill, on the 29th day of November 2023, by the following vote:
AYES: Cheney, Field, Key, Vavrek, Wyler
NOES:None
ABSTAIN: None
ABSENT: Chiang, Khalfin
5 JIMOTO, Secretary
Planning Commission
10.2.d
Packet Pg. 284 Attachment: PC Resolution 23-23 Recommending Rezoning (Housing Element Related ZOA) Contra
Costa
Boule
vard
GolfClubDrive
CenterAvenue
TaylorBoulevard
SR242
GregoryLane
Cle
a
vela
n
d
R
o
a
d
OakParkBoulevard
PleasantHillRoad
Ellin
wood
Way
MonumentBoulevard
25%CommercialRequirement
(ofTotalSquareFootage)
MixedUseNeighborhood
MixedUse
MixedUseHighDensity
MixedUseVeryHighDensity
15%CommercialRequirement
(ofTotalSquareFootage)
10.2.e
Packet Pg. 285 Attachment: Attachment E - Minimum Commercial Requirements Map (Housing Element Related ZOA) Adopted May 1999
PLEASANT HILL
2040 GENERAL PLAN
Housing Element Policy Document
Adopted May 18, 2023 | Certified November 22, 2023
10.2.f
Packet Pg. 286 Attachment: Attachment F - 2023-2031 Housing Element (Housing Element Related ZOA)
10.2.f
Packet Pg. 287 Attachment: Attachment F - 2023-2031 Housing Element (Housing Element Related ZOA) 4 Housing Element
Certified November 22, 2023 4-1
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the State).
General plans serve as the local government’s "blueprint" for how the city and/or county will grow and develop and include seven required elements: land use, transportation, conservation, noise, open space, safety, and housing. The law mandating that housing be included as an element of each jurisdiction’s general plan is known as “housing-element law.”
California’s housing-element law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain), housing development.
As a result, housing policy in California rests largely upon the effective implementation of local general plans and, in particular, local housing elements.
Although the Housing Element is one of seven required elements of the general plan, it has several unique requirements that set it apart from the other six. State law (Government Code Section 65580 (et seq.)) specifies in detail the topics that the housing element must address and sets a schedule for required updates every eight years. The housing element is also the only element reviewed and certified by the State for compliance with State law. The Department of Housing and Community Development (HCD) is the State department responsible for this certification.
The 2023-2031 Housing Element establishes a comprehensive plan to address housing needs in Pleasant Hill over the eight-year planning period between January 31, 2023, and January 31, 2031. The Housing Element sets the community goals and policies surrounding the development, rehabilitation, and preservation of housing units to meet the needs of Pleasant Hill residents (present and throughout the planning period). Pleasant Hill is a member of the Association of Bay Area Governments and, therefore, is required to submit an updated Housing Element to HCD by January 31, 2023.
10.2.f
Packet Pg. 288 Attachment: Attachment F - 2023-2031 Housing Element (Housing Element Related ZOA) Certified | Policy Document
4-2 Certified November 22, 2023
The Introduction is divided into the following sections:
Contents
Section Title Page
Key Terms.................................................................................................................... 4-2 Components of the Housing Element ....................................................................... 4-4 Key Findings from the Needs Assessment............................................................... 4-4 Goals, Policies, and Implementation Programs........................................................ 4-9 Quantified Objectives ................................................................................................ 4-41 Key Terms
Contract rent: Actual rent as specified in a rental or lease agreement, excluding utilities.
Displacement: The involuntary relocation of current residents or businesses. Physical displacement is the result of eviction, acquisition, rehabilitation, or demolition of property, or the expiration of covenants on rent- or income-restricted housing. Economic displacement occurs when residents and businesses can no longer afford escalating rents or property taxes, Gentrification: Gentrification is a process of neighborhood change, usually resulting from an influx of relatively wealthy, white residents to a neighborhood.
High opportunity areas: Synonymous with “high resource areas,” high opportunity areas are areas that currently have strong economic, environmental, and educational outcomes. These areas are defined within the Affirmatively Furthering Fair Housing analysis. The image on the following page shows opportunity scores in Pleasant Hill.
Higher resource areas: Encompasses highest opportunity areas, high opportunity areas, as well as in low-density moderate opportunity areas in the central and western portions of the city where fair housing issues are less concentrated.
Low barrier navigation center: Housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.
Missing middle housing. Missing Middle Housing is a range of house-scale buildings with multiple units—compatible in scale and form with detached single-family homes—located in a walkable neighborhood. Missing middle housing types provide diverse housing options, such as duplexes, fourplexes, cottage courts, and multiplexes.
Place-based strategies. Actions that target the specific circumstances of a place.
Workforce housing. Housing affordable to households earning between 60 and 120 percent of area median income (AMI).
10.2.f
Packet Pg. 289 Attachment: Attachment F - 2023-2031 Housing Element (Housing Element Related ZOA)
4. Housing Element
Certified November 22, 20234-3
Figure:
10.2.f
Packet Pg. 290 Attachment: Attachment F - 2023-2031 Housing Element (Housing Element Related ZOA) Certified | Policy Document
4-4 Certified November 22, 2023
Components of the Housing Element
The 2023-2031 Housing Element Update consists of two parts; the Needs Assessment, and the Housing Element Policy Document.
1. The Needs Assessment identifies and analyzes the existing and projected housing needs, provides a list of sites for housing development that are adequate to accommodate the City’s regional housing needs allocation, documents constraints to housing production, and analyzes fair housing. In short, the Needs Assessment provides the context for the City's housing action plan.
2. The Policy Document states goals, policies, implementing programs, and quantified objectives for the development, rehabilitation, and preservation of housing. The Policy Document is the action plan that responds directly to the findings of the Housing Needs Assessment and input from the community. The City will implement the actions specified in the Policy Document throughout the eight-year planning period.
The key findings of the Needs Assessment are listed below, along with the relevant programs designed to address them.
Key Findings from the Needs Assessment
Population, Housing, and Employment Trends
▪ Population – Generally, the population of the Bay Area continues to grow because of natural growth and because the strong economy draws new residents to the region. The population of Pleasant Hill increased by 4.4 percent from 2010 to 2020, which is below the growth rate of the Bay Area (9.1 percent).
▪ Future Housing Need. According to Plan Bay Area 2040, between 2020 and 2030 the population of Pleasant Hill is projected to continue to grow at a rate of over four percent, leading to an expected increase of 1,475 new residents and 615 new households by 2030. ▪ Age – In 2019, Pleasant Hill’s youth population under the age of 18 was 6,701 and senior population 65 and older was 5,598. These age groups represent 19.2 percent and 16.1 percent, respectively, of Pleasant Hill’s population.
▪ Race/Ethnicity – In 2020, 64.4 percent of Pleasant Hill’s population was White while 2.1 percent was African American, 12.8 percent was Asian, and 14.6 percent was Latinx. People of color comprise a smaller proportion of the population of Pleasant Hill than in the Bay Area as a whole.1 1 The Census Bureau’s American Community Survey accounts for ethnic origin separate from racial identity. The numbers reported here use an accounting of both such that the racial categories are shown exclusive of Latinx status, to allow for an accounting of the Latinx population regardless of racial identity. The term Hispanic has historically been used to describe people from numerous Central American, South American, and Caribbean countries. In recent years, the term Latino or Latinx has become preferred. This report generally uses Latinx, but occasionally when discussing US Census data, we use Hispanic or Non-Hispanic, to clearly link to the data source.
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▪ Employment –Since 2010, the number of jobs located in the jurisdiction increased by 520 (3.2 percent). Additionally, the jobs-household ratio in Pleasant Hill has increased from 1.11 in 2002 to 1.24 jobs per household in 2018.
Program C commits the City to providing sufficient housing sites to meet the needs of the population across all income categories. More specifically, Programs F, K, M, O, S, CC and KK address workforce housing and mixed-use housing opportunities.
Housing Stock Characteristics
▪ Number of Homes – The number of new homes built in the Bay Area has not kept pace with the demand, resulting in longer commutes, higher housing prices, and greater displacement and homelessness. The number of homes in Pleasant Hill increased 0.4 percent from 2010 to 2020, which is below the growth rate for Contra Costa County and below the growth rate of the region’s housing stock. By comparison, during this period, the population of Pleasant Hill grew at a rate of
4.4 percent and the number of jobs in the city increased by 3.2 percent.
Programs C, F, and Q work to facilitate higher density development, and Program K works to provide residential development opportunities in commercial areas through the implementation of mixed-use zoning.
▪ Home Prices – A diversity of homes at all income levels creates opportunities for all Pleasant Hill residents to live and thrive in the community.
▪ Ownership The largest proportion of homes had a value in the range of $500,000- $750,000 in 2019. Home prices increased by 116.3 percent from 2010 to 2020.2 ▪ Rental Prices – The median contract rent for an apartment in Pleasant Hill was $1,900 in 2019. Rental prices increased by 55.2 percent from 2009 to 2019. To rent a typical apartment without cost burden, a household would need to make $76,280 per year.
Program AA works to increase affordable homeownership opportunities in Pleasant Hill through the pursuit of mortgage credit certificates, and Program BB commits the City to investigating concepts and funding sources for additional homeownership assistance measures. Programs S through Z work to assist the development of affordable housing.
▪ Housing Type – It is important to have a variety of housing types to meet the needs of the community today and in the future. In 2020, 59.9 percent of homes in Pleasant Hill were singlefamily detached, 10.9 percent were single-family attached, 7.0 percent were small multifamily (2- 4 units), 21.6 percent were medium or large multifamily (5+ units), and 0.6 percent were mobile homes. Between 2010 and 2020, the number of single-family units increased more than multifamily units. Generally, in Pleasant Hill, the share of the housing stock that is detached single-family homes exceeds that of other jurisdictions in the region. 2 Housing Element data is provided by ABAG and HCD in a pre-approved data package. This data was provided to the City in 2021. Due to the time required to compile and approve data sets, 2019 data was the most recent data available to the State. The City acknowledges that since 2020, home prices have increased dramatically.
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Programs aimed at addressing the lack of affordable housing types include F, I, J, K, and P. ▪ Cost Burden – The U.S. Department of Housing and Urban Development considers housing to be “affordable” if the household spends less than 30 percent of its income on housing costs. A household is considered “cost burdened” if it spends more than 30 percent of its monthly income on housing costs, while those who spend more than 50 percent of their income on housing costs are considered “severely cost burdened.” In Pleasant Hill, 15.7 percent of households spend 30 percent to 50 percent of their income on housing, while 15.5 percent of households are severely cost burdened and use the majority of their income for housing.
Programs including M, P, S, U, V, W, Y, Z, and CC work to reduce the costs of production or create more affordable housing opportunities by streamlining development approvals, incentivizing affordable housing types, generating funds, or reducing fees.
▪ Displacement/Gentrification – According to research from The University of California, Berkeley, no households in Pleasant Hill are susceptible to or experiencing displacement, and none live in areas at risk of, or undergoing gentrification. However, of the total households in Pleasant Hill, approximately 27.6 percent live in neighborhoods where low-income households are likely excluded due to prohibitive housing costs, suggesting that economic displacement pressures exist within the city. Displacement is discussed in greater detail in the Affirmatively Furthering Fair Housing Analysis and key findings are summarized below.
To continue to protect residents from displacement over the planning period and to provide housing opportunities proactively for all income levels throughout the city, the Housing Element includes a variety of programs aimed lowering the cost of production, increasing density at key housing opportunity sites, and providing opportunities for affordable housing development in low-density, high-opportunity areas.
Special Housing Needs
▪ Some population groups may have special housing needs that require specific program responses, and these groups may experience barriers to accessing stable housing due to their specific housing circumstances. In Pleasant Hill, 10.2 percent of residents have a disability of some kind and may require accessible housing. Additionally, 5.0 percent of Pleasant Hill households are larger households with five or more people, who likely need larger housing units with three bedrooms or more. Approximately 10.5 percent of households are female-headed families, which are often at greater risk of housing insecurity.
Programs M, S, GG, CC, DD, and XX respond to the City's special housing need by streamlining development review, incentivizing development, or providing direct funding for construction or rehabilitation of housing for those with special needs.
Non-governmental and Governmental Constraints
▪ Pleasant Hill’s Zoning Code allows for a variety of housing types in the city including multiplefamily units, transitional and supportive housing, single-room occupancy units, manufactured and mobile homes, and accessory dwelling units. However, Pleasant Hill should update the Municipal Code to allow for low-barrier navigation centers and to allow transitional and supportive housing by-right in zones allowing multifamily and mixed uses. The City should also
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update the Density Bonus Ordinance and Accessory Dwelling Unit Ordinance for compliance with recent State law.
Sites Inventory
▪ Sites Inventory. In combination with the City’s pending projects and ADU development trends, the Site Inventory identifies adequate sites to meet the City’s Regional Housing Needs Allocation (RHNA). The sites inventory also identifies capacity for an additional 20 percent in the lower and moderate income categories to ensure that the City retains lower-income capacity if one or more sites are developed at market rate. This “buffer” is a new requirement in this housing element cycle, as required by per SB 166 (2019) and Government Code Section 65863.
Pleasant Hill received a RHNA of 1,803 total units distributed across very low-income (566 units), lowincome (326 units), moderate-income (254 units), and above moderate-income (657 units) categories.
The City has identified capacity for more than 2,130 new units, including a total of 1,421 housing units accommodated on vacant and non-vacant sites. Multiple property owners of vacant and non-vacant sites are supportive of and interested in housing development on their properties. See Program C for more information.
Affirmatively Furthering Fair Housing (AFFH)
“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, together, address significant disparities in housing needs and access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development.
The goal of the AFFH analysis is to ensure available sites for lower-income housing are located equitably across a region and its communities with fair access to opportunities and resources.
Ensuring that sites for housing, particularly lower income units, are in high opportunity areas rather than concentrated in areas of high segregation and poverty requires jurisdictions to consider factors, such as accessibility to various opportunities, including jobs, transportation, education, and health services, when planning for housing.
The AFFH analysis identified fair housing issues and contributing factors, which along with the City’s response, are summarized below.
▪ Issue: Encouraging development of new affordable housing in high opportunity areas. ▪ Dominance of single-family housing, which is typically more expensive than multifamily housing.
▪ Location and type of existing affordable housing.
▪ Lack of affordable housing in moderate-resource areas. ▪ Limited supply of affordable housing in areas with access to opportunity.
Programs F P, Q, R, V, Z, and FF encourage new affordable housing in higher resource areas.
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▪ Issue: Protecting existing residents from displacement ▪ Unaffordable rents and sales prices in a range of sizes ▪ Displacement of residents due to economic pressure such as unaffordable rents, concentration of poverty, and availability of affordable housing ▪ Location, type, and supply of affordable housing
▪ Land use and zoning laws
▪ Access to publicly supported housing for persons with disabilities; lack of affordable, integrated housing for individuals who need supportive services ▪ Lack of public investments in specific neighborhoods, including services or amenities According to research from UC-Berkeley, the City of Pleasant Hill is not currently experiencing displacement pressures; however, to ensure that this trend continues, Programs F, I, K, R, FF, KK, LL, MM, PP, QQ, RR, and SS strive to protect existing residents from displacement by providing adequate sites throughout the city, as well through preservation efforts, and by relieving displacement pressures on medium and high density areas of the city.
▪ Issue: Fair housing enforcement and outreach
▪ Lack of resources for fair housing agencies to conduct more rigorous testing and audits, outreach, training, public education campaigns.
▪ Lack of public (local, State, Federal) fair housing enforcement including funding for staffing and training of public interest law firms
Programs QQ, UU, VV, and WW work to provide for fair housing enforcement and outreach proactively.
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Goals, Policies, and Implementation Programs
Maintain a housing supply sufficient to meet the housing needs of all Pleasant Hill residents.