Pleasant Hill City Council
January 22, 2024

CITY OF PLEASANT HILL

CITY COUNCIL MEETING AGENDA
JANUARY 22, 2024
REGULAR MEETING – 7:00 PM
Watch on YouTube at: www.pleasanthillca.org/councilmeeting 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. Meeting link: www.zoom.us; Meeting ID: 851 1225 6756; Passcode: 953544 For information on Public Participation Options see below.

City Council Meeting Agenda Page 1 January 22, 2024
Council Chambers, 100 Gregory Lane, Pleasant Hill, CA 94523 Telephone (925) 671-5267

MAYOR MATTHEW RINN COUNCILMEMBER TIMOTHY FLAHERTY

VICE MAYOR SUE NOACK 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.

If, due to a disability, a reasonable accommodation is needed to participate in this meeting, please refer to the Providing Accessible Communication to the Public Under the Americans with Disabilities Act and AB 2449 document online at www.pleasanthillca.org/accessiblecommunications and contact the ADA Coordinator 48 hours in advance of the meeting at (925) 671-5267 or via California Relay at 711.

City Council Meeting Agenda Page 2 January 22, 2024
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 Award of Appreciation to Jim Bonato for Service on Measure K Oversight Committee from 2017 to 2023

5.2 Presentation on the Mount Diablo Mitchell Canyon Education Center

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 Antioch on January 11, 2024 (B) Other Meetings Attended at City Expense

7.2 Announcements from Councilmembers
City Council Meeting Agenda Page 3 January 22, 2024

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 January 8, 2024

9.2 Approve Checks Dated: January 05, 2024; January 12, 2024

9.3 Accept Update on Contra Costa Transportation Authority and TRANSPAC

10. ACTION CALENDAR

10.1 Adopt Resolution No. ___-24 Authorizing Borrowing $60,000 from the City of Pleasant Hill General Fund to Pay for the Contract to Complete the Update to the City of Pleasant Hill General Plan, 2023-2031 Housing Element and Related Zoning Ordinance Amendments

10.2 Adopt Resolution No. ___-24 Directing the Preparation and Filing of the 2024/2025 Annual Report for Assessment District 20 (Commercial Area Landscape and Lighting) and Authorizing the City Manager to Execute a Professional Services Agreement with Harris and Associates, Inc., and Resolution No. ___-24 Requesting Consent from the City of Concord for Ordering of Improvements and Assessments of Costs for Benefited Property in Assessment District 20

10.3 Adopt Resolution No. ___-24 Directing the Preparation and Filing of the 2024/2025 Annual Report for Assessment District No. 22 and Authorizing the City Manager to Execute a Professional Services Agreement with Harris and Associates, Inc.

11. ADJOURNMENT
Next City Council Meeting: February 5, 2024

CITY COUNCIL STAFF REPORT
Meeting Date: January 22, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE MINUTES FOR THE REGULAR CITY COUNCIL MEETING OF JANUARY 8, 2024

RECOMMENDED CITY COUNCIL ACTION
Approve the minutes.

ATTACHMENT(S):

January 8, 2024 – Tentative Minutes
Prepared by: Lyone Conner, City Clerk

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MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
January 8, 2024
City Council Meeting Minutes Page 1 January 8, 2024
Mayor Rinn called a Regular Meeting of the City Council to order at 7:05 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 January 4, 2024, by Deputy City Clerk Juanita Davalos.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. ROLL CALL
Attendee Name Title Status
Matthew Rinn Mayor Present
Sue Noack Vice Mayor Present
Timothy Flaherty Councilmember Present
Allen Vinson Councilmember Present
Zac Shess Councilmember Present

4. CLOSED SESSION REPORT
Mayor Rinn reported that there were no closed sessions and there is nothing to report.

5. PRESENTATIONS

5.1 Reintroduction of Diablo Vista Water System Board Member Gaston Habets Councilmember Flaherty reintroduced Gaston Habets who was reappointed to the Diablo Vista Water System Advisory Board for a six year term.

5.2 Presentation by County Clerk-Recorder on 2024 Election Cycle County Clerk-Recorder Kristin Connelly provided an update on the registration requirements for the March 2024 Primary Elections.

5.3 Update on Pleasant Hill Library Programs
Pleasant Hill Senior Community Library Manager Patrick Remer provided a year in review presentation of the Pleasant Hill Library.

6. CITY MANAGER COMMENTS
Ethan Bindernagel, City Manager, reported that:
 January 15, 2024 is the performance application deadline for the City of Pleasant Hill’s 2024 Sunset by the Lake concert series;

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Attachment: January 8, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 2 January 8, 2024
 Republic Services will be picking up holiday trees during the normal curbside pick-up times; and
 The City of Pleasant Hill’s sandbag stations are available in two self-service stations:
in the City Hall parking lot (100 Gregory) and at the Community Center parking lot (320 Civic Dr.); there is also one pre-filled bag station at the parking lot of Pleasant Oaks Park (behind Hawthorne Dr.).
.

7. COUNCIL ANNOUNCEMENTS AND REPORTS

7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
None

7.2 Announcements from Councilmembers
Councilmembers Vinson, Noack, Shess, and Mayor Rinn reported their attendance at the 5K Walk/Run Fundraiser Hosted by the Pleasant Hill Hawks Travel Baseball Team.

Councilmembers Vinson, Noack, Shess, Flaherty, and Mayor Rinn reported their attendance at the City of Pleasant Hill’s Volunteer Appreciation Reception on December 21, 2023.

8. PUBLIC COMMENT
Mayor Rinn opened public comment.

The following member of the public appeared in person to provide a comment:
 Norman Vanhole
Mayor Rinn closed public comment.

9. CONSENT CALENDAR
Motion (Shess/Noack) to Approve all consent items, carried as follows:

AYES: Flaherty, Noack, Shess, Vinson, Rinn

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Attachment: January 8, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 3 January 8, 2024

9.1 Approve Minutes for the Regular City Council Meeting of December 18, 2023

9.2 Approve Checks Dated: December 15, 2023; December 22, 2023

9.3 Approve Mayor’s Appointments of Councilmembers to Various Committees and Boards for 2024 and Ratification of Existing Committees

9.4 Adopt Resolution No. 1-24 Authorizing the Mayor and the City Manager to Execute a Successor Memorandum of Understanding and Approving the Accompanying Salary Schedule for the Professional and Confidential Employees (PACE) Bargaining Unit

9.5 Adopt Ordinance No. 967 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.

10. ACTION CALENDAR

10.1 Adopt Resolution No. 2-24 Accepting Phase I of the Downtown Street Tree Replacement Project No. 03-23 and the Grayson Creek Restoration and Mitigation Project as Complete; Authorizing the City Engineer to Issue and Record a Notice of Completion; and Authorizing the Transfer of $42,321.25 in Unused Project Funds from Downtown Street Tree Replacement Project No. 03-23 (IP-3) to the Sidewalk Maintenance/Gap Closure Program (M4)
Exempt pursuant to Section 15301 as a Class 1 categorical exemption Omar Adina, Assistant Engineer, delivered a presentation that summarized the completion of the Downtown Street Tree Replacement Project and of the Grayson Creek Restoration and Mitigation Project.

Ananthan Kanagasundaram, City Engineer, answered questions posed by Councilmembers.

No members of the public appeared in person to provide a comment.

The following member of the public provided a written comment:
 The Friends of the Pleasant Hill Creeks

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Attachment: January 8, 2024 – Tentative Minutes (Minutes) City Council Meeting Minutes Page 4 January 8, 2024
Motion (Noack/Flaherty) to Approve item 10.1, carried as follows:

AYES: Flaherty, Noack, Shess, Vinson, Rinn

11. ADJOURNMENT
Mayor Rinn adjourned the meeting at 8:29 p.m. The next Regular City Council meeting will be held on Monday, January 22, 2024, beginning at 7:00 p.m.

LYONE P. CONNER, CITY CLERK RECORDER

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Attachment: January 8, 2024 – Tentative Minutes (Minutes)

CITY COUNCIL STAFF REPORT
Meeting Date: January 22, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: APPROVE CHECKS DATED: JANUARY 05, 2024; JANUARY 12, 2024

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)

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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)

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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: January 22, 2024
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 November 15, 2023, and the TRANSPAC Committee meeting summary minutes for November 9, 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 November 15, 2023, at the CCTA Board meetings is included along with the meeting minutes. The actions taken at the TRANSPAC Committee meeting on November 9, 2023, are included in the attached minutes.

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

FISCAL IMPACT
None

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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 November 15, 2023 TRANSPAC Committee Meeting Summary Minutes for November 9, 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/November 15, 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: December 8, 2023
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its November 15, 2023 meeting, the Authority discussed the following items, which may be of interests to the Regional Transportation Planning Committees:

A. Approval of Countywide At‐Large Appointmentsto the Citizens Advisory Committee (CAC)
Recommendation: Staff sought approval to appoint three Countywide At‐Large members to the CAC, each serving one four‐year term from November 2023 through November 2027.

Action: The Authority Board approved the appointment of Sheena Patel, Nicholas Stark, and Nazanin Shakerin as the three Countywide At‐Large members to the CAC, each serving one four‐year term from November 2023 through November 2027.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) RTPC Memorandum
December 8, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/November 15, 2023 RTPC Memo.doc B. Consider the Conduct for Meetings of the Legislative Bodies of the Authority for December 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.

C. Approval of the City of Walnut Creek Calendar Years 2020 and 2021 MeasureJ Growth Management Program (GMP) ComplianceChecklist Recommendation: Staff sought approval of the City of Walnut Creek GMP Compliance Checklist and payment of $1,299,542 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Walnut Creek, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

Action: The Authority Board approved the City of Walnut Creek’s GMP Compliance Checklist and payment of $1,299,542 in FY 2021‐22 Local Street Maintenance and Improvement funds to the City of Walnut Creek, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) RTPC Memorandum
December 8, 2023

https://cctauthority.sharepoint.com/sites/Common/09Correspondences/RTPC Memos/2023/November 15, 2023 RTPC Memo.doc D. Approval of the Town of Moraga Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff sought approval of the Town of Moraga GMP Compliance Checklist and payment of $420,184 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the Town of Moraga, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

Action: The Authority Board approved the Town of Moraga’s GMP Compliance Checklist and payment of $420,184 in F) 2021‐22 Local Street Maintenance and Improvement funds to the Town of Moraga, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

E. Advancing the Organization
Recommendation: Staff sought input on the organizational assessment, operational scenarios, operational roles, the Operational Readiness Plan, and advancing the Authority into becoming a “Digital Road Manager”. This was an informational item only; no staff recommendation at this time.

Action: The Authority Board provided input on the organizational assessment, operational scenarios, operational roles, the Operational Readiness Plan, and advancing the Authority into becoming a “Digital Road Manager”.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
MEETING DATE:

MINUTES PREPARED BY:

MEMBERS PRESENT:

Newell Arnerich, Vice Chair
Ken Carlson, Commissioner
Paul Fadelli, Commissioner
Loella Haskew, Commissioner
Chris Kelley, Commissioner
Sue Noack, Commissioner/MTC Rep.

Scott Perkins, Commissioner
Renata Sos, Commissioner
Debora Allen, Ex­Officio Rep. Alt.

Wednesday, November 15, 2023
Tarienne Grover
STAFFPRESENT:

Colin Clarke
Tarienne Grover
Timothy Haile
Jack Hall
Christina Hartley
John Hoang
Lindy Johnson
Stephanie Hu
Rashida Kamara
Brian Kelleher
Matt Kelly
Daniel Mermelstein
Hisham Noeimi
Ivan Ramirez
Ying Smith
Yuliana Tjeng
Amara Morrison, Legal Counsel
MEMBERS ABSENT:

Federal Glover, Chair/MTC Rep.

Aaron Meadows, Commissioner
Lamar Thorpe, Commissioner
H.E. Christian Peeples, Ex­Officio Rep.

1. CONVENE MEETING: Federal Glover, Chair
DISCUSSION: Vice Chair Arnerich convened the meeting at 6:00 PM. Chair Glover, Commissioners Meadows and Thorpe, and Reps. Foley and Peeples were absent. Rep. Allen attended on behalf of Rep. Foley. Rep. Peeples attended remotely as a member of the public.

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

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

A. West Contra Costa Transportation Advisory Committee Travel Training Pilot Program. Staff from the West Contra Costa Transportation Advisory Committee will present on their Travel Training Pilot Program designed to educate senior and disabled residents from West Contra Costa County about travel options for non‐ drivers. This program emphasizes fixed route systems, but also includes paratransit options. Over 500 participants have benefited by attending a one‐hour workshop, followed up by a half‐day outing using multi transit modes.

DISCUSSION: Rashida Kamara, Programs Manager, introduced the item and Joanna Pallock with the West Contra Costa Transportation Advisory Committee, to provide a presentation on their Travel Training Program. Ms. Pallock provided the background and evolution of the program, discussed the program model, performance, accomplishments over the past five years, key lessons learned, the future of travel training, and next steps.

Commissioners provided comments. Staff responded to comments from commissioners.

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

Noes‐None
Absent‐Chair Glover, Commissioner Meadows, Commissioner Thorpe Abstain‐None

5. APPROVAL OF MINUTES
A. Authority Board Minutes of October 18, 2023
B. Authority Board Workshop Minutes of October 19, 2023 C. Authority Board Workshop Minutes of October 20, 2023

6. Administration & Projects Committee ‐ Consent:

A. Accept Monthly Accounts Payable Invoice Report for September 2023 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for September 2023.

B. Accept Quarterly Sales Tax Revenue Report for the Period Ended June 30, 2023 Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended June 30, 2023.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

C. Accept Internal Accounting Report for the Twelve Months Ended June 30, 2023 Recommendation: Staff seeks acceptance of the Internal Accounting Report for the twelve months ended June 30, 2023.

D. Accept Quarterly Cash and Investment Report forthe Period Ended September 30, 2023
Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended September 30, 2023.

E. Other Post‐Employment Benefits (OPEB) Plan – Authorization to Execute Agreement No. 676 with Foster & Foster Consulting Actuaries, Inc. (Foster & Foster) to Provide Actuarial Consulting Services
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 676 with Foster & Foster in the amount of $17,600, for actuarial consulting services related to the OPEB Plan, 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. Approval of Countywide At‐Large Appointmentsto the Citizens Advisory Committee (CAC)
Recommendation: Staff seeks approval to appoint three Countywide At‐Large members to the CAC, each serving one four‐year term from November 2023 through November 2027.

H. NEW ITEM: Consider the Conduct for Meetings of the Legislative Bodies of the Authority for December 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’ recommendations for social distancing for public meetings, to adhere to the 30‐day reconsideration requirement of AB361.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

I. NEW ITEM: Authorization to Execute Amendment No. 3 to Agreement No. 443 with Tyler Technologies for Cloud Computing Services and Human Resources, Payroll and Financial Management System Support through Fiscal Year2026 Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 3 to Agreement No. 443 with Tyler Technologies, for Cloud Computing Services and Human Resources, Payroll and Financial Management System support through Fiscal Year 2026, in the amount of $180,000, for a new total agreement value of $567,555.

J. NEW ITEM: Authorization to Execute Agreement No. 677 with Coda Technology Group (Coda) to Provide Microphones and Hardware Services Associated with Replacement of the Boardroom Audio System
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 677 with Coda in an amount not‐to‐exceed $50,000, to provide technology and hardware services associated with replacement of the Boardroom Audio System.

K. NEW ITEM: Authorization to Execute Agreement No. 678 with Cherry Bekaert for Preparation of the Indirect Cost Rate (ICR) and Submittal to the California Department of Transportation (Caltrans) to Obtain a Negotiated Indirect Cost Rate Agreement (NICRA)
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 678 with Cherry Bekaert in an amount not‐to‐exceed $35,000, for preparation of the ICR and submittal to Caltrans, to obtain a NICRA for theAuthority.

L. NEW ITEM: Innovate 680 – Automated Driving System (ADS) (Project 8009.07) and Bay Area Mobility‐on‐Demand (MOD) (Project 8009.05) – Approval to Utilize the Fund Exchange Reserve (FER) and Authorization to Execute Amendment No. 1 to Agreement No. 589 and Amendment No. 2 to Agreement No. 591 with BEEP, Inc. (BEEP) to Provide Autonomous Shuttlesfor Demonstration Projects Recommendation: Staff seeks approval of Resolution 23‐45‐P, which will utilize $100,675 in FER funds for the ADS project, approval of Resolution 23‐46‐P, which will utilize $713,420 in FER funds for the MOD project, authorization for the Chair to execute Amendment No. 1 to Agreement No. 589 with BEEP in the amount of $100,675 and Amendment No. 2 to Agreement No. 591 with BEEP in the amount of $713,420 to provide autonomousshuttlesfor demonstration projects, approvalto extend the agreement termination date to December 31, 2024, and allow the Executive Director or designee to make any non‐substantive changes to the language.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

7. Planning Committee ‐ Consent:

A. Approval of Fiscal Year (FY) 2023‐24 Measure J Allocation Program: Sub‐Regional West County Additional Transportation Services for Seniors and People with Disabilities (Program 20b)
Recommendation: Staff seeks approval of Resolution 23‐22‐G, to allocate Measure J Program 20b funds for FY 2023‐24, in the amount of $905,473, which includes a reconciliation from FY 2021‐22 in the amount of $144,973.

B. Approval of the City of Walnut Creek Calendar Years 2020 and 2021 MeasureJ Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the City of Walnut Creek GMP Compliance Checklist and payment of $1,299,542 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the City of Walnut Creek, with a second (off‐year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

C. Approval of the Town of Moraga Calendar Years 2020 and 2021 Measure J Growth Management Program (GMP) Compliance Checklist
Recommendation: Staff seeks approval of the Town of Moraga GMP Compliance Checklist and payment of $420,184 in Fiscal Year (FY) 2021‐22 Local Street Maintenance and Improvement funds to the Town of Moraga, with a second (off‐ year) payment of FY 2022‐23 funds on the one‐year anniversary of the first payment.

REGULAR AGENDA ITEMS

8. Administration & Projects Committee ‐ Regular:

A. NEW ITEM: Advancing the Organization
Recommendation: Staff will seek input on the organizational assessment, operational scenarios, operational roles, the Operational Readiness Plan, and advancing the Authority into becoming a “Digital Road Manager”. This is an informational item only; no staff recommendation at this time.

DISCUSSION: Timothy Haile, Executive Director, discussed the goals and objectives, operational authority and core functions, operational scenarios including local agency support, dynamic personal micro‐transit, expansion of GoMentum Station operations, Shared Autonomous Vehicle First‐Mile/Last‐Mile operations, future CCTA 4.0 initiatives, projects, and programs, and the Authority’s role in operations.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

Mr. Haile discussed the risk analysis and mitigation strategies such as operations funding, resource availability, stakeholder acceptance, and new and evolving technology. He further discussed the digital road manager, digital asset management, digital traffic management, digital construction, and the principles and concept including the decision support system, countywide connected datacenter, system performance monitoring, delegated and automated control/management, operations center, system operator, shared network communications, and operations and maintenance. He provided an update on the organizational assessment, structure, and objectives.

Commissioners provided comments. Staff responded to comments from commissioners.

9. Planning Committee ‐ Regular:

A. Approval to Proceed with the City of San Pablo (City) Medical Trips One‐Seat Pilot (Pilot)
Recommendation: Staff seeks approval to proceed with the City’s Pilot program for 18 months and approval of Resolution 23‐40‐G to allocate up to $85,412 in Contra Costa County Measure X funds and $85,412 in Measure J West County Additional Transportation Projects (Program 28b) funds to the City in Fiscal Year 2023‐24 for the cost of implementing the Pilot in a service area that includes the City and the surrounding unincorporated areas.

ACTION: Commissioner Perkins moved to authorize staff to proceed with the City of San Pablo’s (City) Medical Trips One‐Seat Pilot program (Pilot) for 18 months and approval of Resolution 23‐40‐G to allocate up to $85,412 in Contra Costa County Measure X funds and $85,412 in Measure J West County Additional Transportation Projects (Program 28b) funds to the City in Fiscal Year 2023‐24 for the cost of implementing the Pilot in a service area that includes the City and the surrounding unincorporated areas, seconded by Commissioner Haskew. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.

Noes‐None
Absent‐Chair Glover, Commissioner Meadows, Commissioner Thorpe Abstain‐None
DISCUSSION: Rashida Kamara, Programs Manager, provided a background of the pilot program, discussed program optionsthat were analyzed, program parameters, the cost analysis, and announced that the City of San Pablo has approved the pilot program.

Commissioners provided comments. Staff responded to comments from commissioners.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

B. NEW ITEM: Contra Costa Countywide Transportation Plan 2050 Vision andGoals Recommendation: This is an informational item only; no staff recommendation at this time.

DISCUSSION: John Hoang, Director, Planning, discussed the background and next steps for the CTP 2050 including completing the strategy papers, finalizing performance measures, and developing a vision statement and goals. Mr. Hoang discussed the potential vision statements, and preliminary goals to support the vision of the CTP 2050.

Commissioners provided comments. Staff responded to comments from commissioners.

10. CORRESPONDENCE AND COMMUNICATIONS

11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report forthe regular meeting on November 9, 2023 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on November 9, 2023 (Meeting handout if available)
C. Southwest County (SWAT): Notice of Cancellation for the regular meeting on November 6, 2023
D. West County (WCCTAC): Meeting Report for the regular meeting on October 27, 2023 (Meeting handout if available)

12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Glover, Vice Chair Arnerich, and Commissioners Carlson, Kelley and Thorpe attended the Focus on the Future Conference in San Francisco, CA from October 29‐31, 2023.

B. Commissioners' and Ex‐Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Fadelli announced that Congressman John Garamendi will provide a brief update on congressional activity impacting transportation. to the West Contra Costa Transportation Advisory Committee Board on December 8, 2023.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

Commissioner Kelley announced her attendance at and thanked Lindy Johnson, Director, External Affairs, for her role in the Girls Lead the Way Science, Technology, Engineering and Mathematics event in San Ramon, CA on November 2, 2023.

C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, thanked staff for being innovative and announced the Champion of Change award from Bay Area LEEDS, to recognize the Authority’s involvement in Science, Technology, Engineering, and Mathematics programs, which have provided the opportunity to reach over 800 students, and an award from the National Aging and Disability Transportation Center for the Authority’s accessibility and equity initiatives.

Mr. Haile further discussed the meeting with Andy Fremier and staff from the Metropolitan Transportation Commission (MTC), provided an update on funding from the Bay Area Rapid Transit for bus feeder service contingent upon MTC addressing the fiscal cliff, and provided an update on the completion of the ferry feasibility study. He announced the Presto milestone of 1,000 riders in October, completion of the Authority’s Summer Community Event Series, which reached 6,500 people in Contra Costa County, media outreach and interviews, GoMentum Station tours provided to the Czech Republic delegation, Hochbahn from Germany, and a fourth-grade class in the community. He further discussed the Mobility Alliance Workshop that he attended in Japan and how the Authority is an international leader.

13. CALENDAR
A. November and December 2023, January and February2024 B. Calendar of Upcoming Events

14. CLOSED SESSION
A. Public Employee Performance Evaluation Pursuantto Government Code § 54957 Title: Executive Director
Recommendation: Conference with Labor Negotiators Pursuant to Government Code § 54957.6
Agency Designated Representative: Federal Glover, Chair Unrepresented Employee: Executive Director
DISCUSSION: Commissioners, Timothy Haile, Executive Director, and Amara Morrison, Legal Counsel, convened into Closed Session at 8:35 PM.

15. RECONVENE IN OPEN SESSION

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) Authority Board Meeting MINUTES
November 15, 2023

A. Report on Action Taken in Closed Session
DISCUSSION: Commissioners, Timothy Haile, Executive Director, and Amara Morrison, Legal Counsel, reconvened into Open Session at 8:57 PM. Vice Chair Arnerich announced that there was no reportable action.

16. ADJOURNMENT to the next regular meeting proposed for December 20, 2023 at 6:00 PM.

DISCUSSION: The meeting was adjourned at 8:57 PM.

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Attachment: CCTA Executive Board Summary and Meeting Minutes November 15, 2023 (Accept Update on CCTA and TRANSPAC) TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: November 9, 2023
MEMBERS PRESENT: Peter Cloven (Chair), Clayton; Loella Haskew, Walnut Creek; Mark Ross, Martinez; Carlyn
Obringer, Concord; Ken Carlson, Contra Costa
County
PLANNING COMMISSIONERS PRESENT: Bob Pickett, Walnut Creek STAFF PRESENT: Pranjal Dixit, County Connection; Robert Sarmiento, Contra Costa County; Ryan McClain,
Pleasant Hill; Matt Todd, TRANSPAC; Tiffany
Gephart, TRANSPAC; Debi Lawrence, TRANSPAC
GUESTS/PRESENTERS: Stephanie Hu CCTA; Udit Molakatalla DKS; Garrett Kaya, HDR
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 October 12, 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 December 9, 2023. By way of this action, TRANSPAC will conduct in-person

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Attachment: TRANSPAC Committee Meeting Summary Minutes November 9, 2023 (Accept Update on CCTA and TRANSPAC) 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. TRANSPAC Quarterly Financial Report. Action: Accept the Quarterly Financial Report for the period ended September 30, 2023.

On motion by Commissioner Obringer seconded by Commissioner Ross to approve the consent agenda by unanimous vote of the members present (Cloven, Carlson, Haskew, Obringer, Ross).

End Consent Agenda

4. CONSIDER FUTURE MEETINGS OF THE TRANSPAC BOARD AND SUBCOMMITTEES.

Mr. Todd commented that the AB361 legislation will sunset on December 31, 2023. New legislation, AB557, is intended to replace AB361 but requires a state of emergency to be in place to continue the current relaxations of AB361, particularly remote meetings of committee members. Additional background information is included in the related staff report.

Mr. Todd commented that the recommendation is to resume in-person meetings effective January 1, 2024 due to the administrative requirements of AB557. It is also recommended that staff continue to offer a remote meeting option for non-Board members during Board meetings and that this does not present a conflict with the Brown Act.

On a motion by Commissioner Carlson seconded by Commissioner Haskew to approve the recommendation to conduct all meetings of TRANSPAC legislative bodies in-person per traditional Brown Act Standards from January 1, 2024 and forward and to include a hybrid (remote teleconferencing) option for non-Board members at TRANSPAC Board meetings. (Cloven, Carlson, Haskew, Obringer, Ross).

5. MEASURE J LINE 20A FUNDS PROGRAM POLICIES – FY 2024/2025 – FY 2025/2026.

Tiffany Gephart presented the Measure J Line 20a Funds Program policies. The summary can be found in the respective staff report for this item.

Commissioner Obringer asked if the December call for projects release date will allow adequate time for interested parties to apply for funding given the holidays. Staff noted that the deadline will be January 19, 2023 allowing for some time after the holidays and staff will send a reminder email in January before the application due date as a courtesy.

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Attachment: TRANSPAC Committee Meeting Summary Minutes November 9, 2023 (Accept Update on CCTA and TRANSPAC) Commissioner Carlson asked if the programs will be able to provide data on trips to equity priority communities for the next progress report. Staff noted that additional questions can be added to the progress report to acquire this data if available.

Commissioner Haskew asked what strategies are being employed to outreach to additional organizations beyond the organizations that apply consistently. Mr. Todd commented that there is an extensive distribution list is used to send out the call for projects (which include organizations and TRANPAC jurisdictions) and the application will be posted on the TRANSPAC website and distributed to CCTA for posting along with social media language for posting.

6. NORTHBOUND 1-680 EXPRESS LANES/INNOVATE 680 PROGRAM UPDATE.

Stephanie Hu of CCTA and project consultants Garrett Kaya, HDR and Udit Molakatalla, DKS presented material on the item.

Commissioner Haskew asked about the assumptions regarding travel patterns and demand and the analysis methodology. Mr. Molakatalla commented that project staff use the CCTA Travel Demand Model. Project staff develop a base year model for existing conditions and evaluate and calibrate the travel patterns using existing counts. Once the model is calibrated using state and federal standards, staff look at how growth is projected (2027 and 2047) with oversight from land use agencies, MTC, etc. Staff look at where development is projected to happen and model using that data as an industry practice.

Commissioner Obringer noted that the current Area Plan for the Naval Weapons Station reflects outdated housing estimates and asked if that information is being used to project household growth for Concord. Mr. Molakatalla replied yes, and that the variation is accounted for. Mr. Molakatalla further noted that Area Plans are one piece of evaluating future land use in addition to other planned developments, anticipated growth projections, national projections, etc. Commissioner Obringer further asked if the housing elements across the Bay Area are accounted for. Mr. Molakatalla noted although the exact number is difficult to predict, staff look at the capacity of the region to grow and where housing can be developed based on zonal regulations and available land.

Ms. Hu presented an update on the Innovate 680 suite of projects.

Commissioner Carlson asked about adaptive ramp metering and if the modeling looks at other alternatives such as bus on shoulder, etc. Ms. Hu noted that modeling should account for the part-time transit lane and northbound express lanes, etc. The program and all of the projects are supposed to be integrated and considered as each project moves forward.

Commissioner Obringer asked about the BART trip planner project and how long the project would be paused.

Ms. Hu commented that she could report back on the status.

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Attachment: TRANSPAC Committee Meeting Summary Minutes November 9, 2023 (Accept Update on CCTA and TRANSPAC)

7. TRANSPAC CCTA REPRESENTATIVE REPORTS.

Commissioner Haskew commented that there was discussion on accessible transportation and noted that there is a medical transportation pilot program in San Pablo that will be discussed as a model for the full commission at the next meeting.

8. METROPOLITAN TRANSPORTATION COMMISSION REPORT.

Commissioner Noack was not present to provide an update.

9. TAC ORAL REPORTS BY JURISDICTION
No comments from the TAC.

10. BOARDMEMBER COMMENTS
Commissioner Obringer commented that the City Council will review the draft terms sheet and land use plan on November 14th at 6:30pm regarding the Concord Naval Weapon Station development. Commissioner Haskew asked if Commissioner Obringer is expecting a big shift with the plan. Commissioner Obringer noted that there will likely be some adjustments but there can’t be a huge shift because the environmental permitting has been established.

Supervisor Carlson attended the Focus on the Future conference. Topics included accessible transportation, equity, vision zero and how organizations are responding to pandemic recovery among others.

10. MANAGING DIRECTOR’S REPORT
Mr. Todd commented that he will be attending a TAC meeting regarding the Highway 4 Vision Study.

11. ADJOURN / NEXT MEETING The meeting adjourned at 10:26 a.m. The next regular meeting will be held on December 14, 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 November 9, 2023 (Accept Update on CCTA and TRANSPAC)

CITY COUNCIL STAFF REPORT
Meeting Date: January 22, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 AUTHORIZING BORROWING $60,000 FROM THE CITY OF PLEASANT HILL GENERAL FUND TO

PAY FOR THE CONTRACT TO COMPLETE THE UPDATE TO THE
CITY OF PLEASANT HILL GENERAL PLAN, 2023-2031 HOUSING

ELEMENT AND RELATED ZONING ORDINANCE AMENDMENTS

SYNOPSIS
The City currently has a Professional Services Agreement with Mintier Harnish to perform planning and environmental consulting services for the update to the City of Pleasant Hill General Plan, the preparation of the 2023-2031 Housing Element, a comprehensive update of the zoning ordinance and associated environmental clearance (Project). City staff anticipated the General Plan Update Fee Fund would cover the cost of this work. However, funds collected from the General Plan Update Fee have not kept pace with Project costs and cannot fully fund the project; thus, staff is requesting the City Council authorize the borrowing of funds from the City General Fund to pay for this work.

BACKGROUND/DISCUSSION
In February 2019, the City approved a Professional Services Agreement with Mintier Harnish to provide planning and environmental consulting services for the preparation of an update of the City of Pleasant Hill General Plan. Subsequently in January 2021, the City approved an amendment to the original agreement. This amendment included the addition of the 2023-2031 Housing Element and the necessary comprehensive zoning ordinance update. Since the amendment was approved, the consultant, in coordination with staff, has successfully completed the update of the General Plan and more recently received certification from HCD for the 2023- 2031 Housing Element. Other completed components of the agreement included the creation of Objective Design Standards and the necessary zoning ordinance amendments for the rezoning of Housing Opportunity sites, as required by State Law for the 2023-2031 Housing Element.

The current source of funding for the Project is the General Plan Update Fee that is collected with building permits. This fee is collected whenever a building permit fee is paid to the City, and thereby generates revenue on a recurring basis. It has now been determined that the rate of revenue collection is not keeping pace with Project expenditures.

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To minimize impacts to the City General Fund balance and allow remaining Project work to continue, staff proposed that the City borrow from the General Fund and repay the loan over a two-year period of time. This proposal was presented to the City Council General Plan Subcommittee in October 2023, at which point the recommended borrowing amount was $172,000. The Subcommittee reviewed the request and recommended approval to the City Council last October.

The continued replenishment of the General Plan Update Fee Fund and the recent receipt of State grant funds have reduced the amount required to borrow. City staff now proposes to borrow far less, only $60,000. Repayment would occur over the next one to two years with an interest rate of one percent. Thus, based on the borrowing of $60,000, it is expected that the amount to be repaid would be $60,600 if paid back in one year or $61,200 if paid back in two years, which would fully replenish the amount borrowed.

FISCAL IMPACT
The request to borrow $60,000 from the General Fund also includes a payback provision over two years. Staff expects two sources for loan repayment: the General Plan Update Fee collected upon issuance of all building permits, and a portion of a previously approved State of California Local Early Action Planning (LEAP) Grant ($113,000), which the State awarded to the City for the preparation of the Housing Element, which is a required element of the General Plan.

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

RECOMMENDED CITY COUNCIL ACTION
Adopt the resolution to borrow $60,000 from the City General Fund at an interest of one percent over a two-year period.

ALTERNATIVES TO RECOMMENDED ACTION
Do not adopt resolution and provide input and feedback to Staff.

ATTACHMENT(S):

Proposed Resolution
Prepared by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager

10.1 Packet Pg. 45
RESOLUTION NO. ___ -24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL TO AUTHORIZE BORROWING $60,000 FROM THE CITY OF PLEASANT HILL GENERAL

FUND TO PAY FOR THE COMPLETION OF THE UPDATE OF THE CITY OF PLEASANT

HILL GENERAL PLAN, HOUSING ELEMENT AND ZONING ORDINANCE

AMENDMENT
WHEREAS, the City started and partially completed a comprehensive update of the General Plan, the 2023-2031 Housing Element, the Zoning Ordinance Amendment to implement both policy actions and necessary environmental review; and WHEREAS, the City wishes to complete the update of the General Plan, Housing Element, Zoning Ordinance Amendment and necessary environmental review for the General Plan Update in compliance with CEQA provisions; and
WHEREAS, the City approved an agreement with Mintier Harnish for Planning and Environmental Services for the Update of the City of Pleasant Hill General Plan, 2023-2031 Housing Element, Zoning Ordinance Amendment and necessary environmental review; and WHEREAS, the City has a General Plan Update Fee that is collected upon issuance of building permits and used to fund this and future updates of the General Plan; and WHEREAS, it is projected that the General Plan Update Fee fund will be exhausted prior to completion of the Update of the City of Pleasant Hill General Plan project; and WHEREAS, the shortfall is currently estimated at $60,000; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Pleasant Hill authorizes the City to borrow $60,000 from the General Fund to allow the completion of the Update of the City of Pleasant Hill General Plan, 2023-2031 Housing Element and Zoning Ordinance amendment project and requires the repayment of the sum with a one percent simple interest rate from the General Plan Update Fee Fund and State-awarded Local Early Action Plan (LEAP) Grant funds within two years of this approval.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the City Council held on the 22nd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution (General Plan Consultant Contract Amendment and Related Budget Amendment)

CITY COUNCIL STAFF REPORT
Meeting Date: January 22, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 DIRECTING THE PREPARATION AND FILING OF THE 2024/2025 ANNUAL REPORT FOR ASSESSMENT DISTRICT 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING)

AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND
ASSOCIATES, INC., AND RESOLUTION NO. ___-24 REQUESTING

CONSENT FROM THE CITY OF CONCORD FOR ORDERING OF

IMPROVEMENTS AND ASSESSMENTS OF COSTS FOR BENEFITED
PROPERTY IN ASSESSMENT DISTRICT 20

SYNOPSIS
An assessment district is a financial mechanism that allows for the levy of assessments on a specific geographic area or parcels of real estate which have been identified as receiving a direct and special “benefit” from a public improvement or service. Assessment District No. 20 (AD 20) enables the City to provide landscape maintenance and street lighting at an enhanced level along certain commercial streets. These landscape and lighting improvements are considered to be of direct benefit to the properties within AD 20 boundaries. The funding for the maintenance and services is provided through annual assessments paid by benefiting property owners within AD 20.

A total of 17 properties within AD 20’s boundaries are located in the City of Concord. The City annually requests consent from the City of Concord to grant the authority to levy assessments on these benefiting properties.

In order for the City to continue to levy and collect assessments within AD 20 for the 2024/2025 fiscal year, an Annual Report is required. The Annual Report must include a description of the improvements to be made during the fiscal year; an estimate of costs to maintain the improvements; an allocation of costs to each parcel; confirmation of each benefiting parcel and levy of assessments; current expenditures; and proposed budget for services.

DISCUSSION
Background
AD 20 was formed in 1988 pursuant to the provisions of the Landscape and Lighting Act of 1972, which is part of the California Streets and Highways Code. AD 20 was amended in 1999 by creating a new zone (Zone 6) that includes the Downtown area (see attached map). The District

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enables the City to collect assessments from property owners in order to provide landscape maintenance and street lighting at an enhanced level and quality along certain commercial streets.

These services are considered to be of direct benefit to the properties within AD 20’s boundaries.

The costs to provide these services have been paid annually by the benefiting property owners.

There are 17 properties within AD 20’s boundaries that are located in the city of Concord. Eight of these properties are located east of Contra Costa Boulevard and south of Sun Valley Boulevard. The Sun Valley Mall Shopping Center contains six properties. The remaining three properties are east of Contra Costa Boulevard and south of Concord Avenue at the on-ramp to Interstate 680. The City of Concord has granted the City of Pleasant Hill authority to levy assessments on these properties since AD 20 was established. This authority must be requested and granted annually. A resolution requesting consent from the City of Concord for the 2024/2025 fiscal year is attached.

Analysis
The collecting of assessments from properties within the boundaries of AD 20 will ensure continued maintenance of lighting and landscape improvements. The maintenance activities include weekly mowing and edging of turf; maintenance and repair of irrigation systems; pruning; debris removal; graffiti removal; streetlight repair, weeding, as well as utility charges for water and electricity. In order for the City to continue to levy and collect assessments within AD 20 for the 2024/2025 fiscal year, the District Engineer has to prepare an Annual Report. The Annual Report will include descriptions of the improvements to be made during the fiscal year, an estimate of costs, and the levy of assessments upon the benefiting properties.

The City selected Harris & Associates, Inc. (Harris) in December 2019 as the Engineer of Work.

Staff was satisfied with Harris’s work on the 2022/2023 and 2023/2024 assessment cycles and accepted their proposal for 2024/2025 to prepare the Annual Report and submit the assessments to the County Auditor for placement on the Property Tax Roll. A not-to-exceed fee of $21,688.75 will provide for these services. This fee remains the same as 2023/2024 fiscal year. Each year, a new Professional Services Agreement is required and is attached for the Council’s consideration.

Once the Annual Report is complete, the City Council will review the report, and if appropriate, approve a resolution announcing the intent to levy assessments for the current year. The resolution accomplishes the following: announces the City’s intent to levy and collect assessments within the District; sets the date and time of a public hearing for the District; and preliminarily approves the Annual Report.

FISCAL IMPACT
The cost of preparing all necessary reports required for the levy and collection of assessments will be borne by the property owners within AD 20. The not-to-exceed amount for the engineering services specified in the Professional Services Agreement is $21,688.75, which will be paid by the Assessment District.

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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 resolutions.

ALTERNATIVES TO RECOMMENDED ACTION
Should Assessment District 20 not be renewed for the 2024/2025 fiscal year, there would be a loss of approximately $437,220 in assessment revenues to fund maintenance activities within AD

20. The City would then need to fund these maintenance activities or maintenance would be suspended.

ATTACHMENT(S):

Proposed Resolution
Exibit 1 - Professional Services Agreement
Proposed Resolution of Intention (City of Concord)
Boundary Map
Prepared by: Ann James, Public Works Manager
Reviewed by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, City Manager

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RESOLUTION NO. ___-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DIRECTING THE PREPARATION AND FILING OF FISCAL YEAR 2024/2025 ANNUAL REPORT FOR ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING)

AND AUTHORIZE THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC.

WHEREAS, on August 1, 1988, by Resolution No. 75-88, the City Council of the City of Pleasant Hill ordered the formation of and levied the first assessment within Assessment District No. 20, City of Pleasant Hill, Contra Costa County, State of California (the "District"), pursuant to the provisions of the Landscape and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code herein referred to as "the Act"); and
WHEREAS, the District was amended in 1999 by creating a new zone (Zone 6) that includes the Downtown area; and
WHEREAS, Section 22620 et seq., of the Act provides for the levy of annual assessments after the formation of the District; and
WHEREAS, within the District, the existing and proposed improvements and any substantial changes proposed to be made to existing improvements are generally described as the installation, servicing and maintenance of public landscape and street lighting; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that Harris and Associates, Inc. is designated as Engineer of Work for purposes of the District, and is hereby ordered to prepare and file the Annual Report for Fiscal Year 2024/2025 that begins July 1, 2024, in accordance with Section 22565 et seq. of the Act.

AND FURTHER BE IT RESOLVED, that the City Manager is hereby authorized to execute a Professional Services Agreement with Harris and Associates, Inc. (Exhibit 1) in an amount not to exceed $21,688.75.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 22nd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MATTHEW RINN, Mayor
ATTEST:
_______________________________
LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution (AD 20 Authorize Engineer's Report FY24/25)

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the day of , 2024, by and between the City of Pleasant Hill ("City") and Harris & Associates, ("Consultant").

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

AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.

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

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than September 30, 2024.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $21,688.75 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. 18 January

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25)

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. Any modifications made by the City or any agents of the City to any of the Consultant’s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City’s sole risk and without liability to the Consultant.
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 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) 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 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

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) 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.

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) 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.

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) If to City:

If to Consultant:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
Harris & Associates
C/O Alison Bouley, PE
1401 Willow Passs, Road Suite 500
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.

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25)

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:

Ethan Bindernagel, City Manager
APPROVED AS TO FORM:

Janet E. Coleson, City Attorney

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) CONSULTANT:

By:

Title:

Business License # ATTEST:

Lyone P. Conner, City Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B – Schedule of Charges
Director

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) Exhibit A
Scope of Services
Engineering Services for Annual Administration
City of Pleasant Hill
Assessment Districts 20
Fiscal Year 2024/25
Task 1. Project Kick-off call (as needed) to review prior year and plan for upcoming year. Task 2. Update parcel databases to identify any new parcels or development status changes. Task 3. Call with City Staff to review and update budgets and improvement plans. Task 4. Prepare Engineer’s Report and Review with City Staff. Task 5. Prepare City Council Staff Reports and necessary Resolutions. Task 6. Coordinate with City Clerk for published notices. Task 7. Attend City Council meetings as requested (via Zoom, Teams, WebEx, etc.). Task 8. Make any modifications to the Engineer’s Report as directed by Council. Task 9. Submit Tax Rolls to County. Task 10. Respond to property owner inquiries throughout the year. Task 11. Additional Research & Data Collection Contingency. The tables on the following pages provide a breakdown of the Harris personnel assigned to the project, the number of hours devoted to each task by personnel, and the estimated fees by task and total for each District.

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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) Hourly Rates effective January 1, 2024 through December 31, 2024 and are subject to a 3% annual escalation factor on January 1st each year thereafter.

Total Total
$285/hr $210/hr $195/hr Estimated Estimated
Hours Hours Hours Hours Fee
Annual AdministrationTask 1: Annual Kick-off Meeting to review prior year and plan for upcoming year 4.00 4.00 780.00$ Task 2: Update parcel database 6.00 6.00 1,170.00 $
Task 3: Meet with staff to review and update budgets and improvement plans 14.00 14.00 2,730.00 $ Task 4: Prepare Engineer's Report and Review with City Staff 2.00 3.00 40.00 45.00 9,000.00 $ Task 5: Prepare draft City Council staff reports and resolutions 4.00 4.00 780.00 $ Task 6: Coordinate with City Clerk for publishing of required notices 2.00 2.00 390.00 $ Task 7: Attend City Council Meetings (up to 2 meetings) 8.00 8.00 1,560.00 $ Task 8: Make Modifications as directed by City Council 2.00 2.00 390.00 $ Task 9: Submit Tax Roll to County in the required format 10.25 10.25 1,998.75 $ Task 10: Respond to property owner questions throughout the year 2.00 2.00 390.00$ Task 11: Additional Research and Data Collection Contigency 12.82 12.82 2,500.00 $ Total Assessment District Administration Services - AD 20 2.00 3.00 105.07 110.07 21,688.75 $ ASSESSMENT DISTRICT 20
Principal-inCharge
Assessment
Engineer
QA/QC
Project
Manager
Project
Supervisor
Exhibit B

10.2.b
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Attachment: Exhibit 1 - Professional Services Agreement (AD 20 Authorize Engineer's Report FY24/25) RESOLUTION NO. -24

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

REQUESTING CONSENT FROM THE CITY OF CONCORD FOR ORDERING OF

IMPROVEMENTS AND ASSESSMENTS OF COSTS FOR BENEFITED PROPERTY IN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING) WHEREAS, the City Council has conducted proceedings for Assessment District No. 20 (the "District") and by Resolution No. 75-88 adopted August 1, 1988, ordered improvements generally described as installation, servicing and maintenance of public landscape and street lighting within the territory shown on the boundary map of the District, and levied assessments for improvements beginning with the fiscal year 1988/1989 and in each fiscal year thereafter, all pursuant to the Landscape and Lighting Act of 1972, Section 22500, and following, of the California Streets and Highways Code (the "Act"); and
WHEREAS, by its Resolution No. ___-24, the Council has directed the filing of an Annual Report for the District for Fiscal Year 2024/2025. A map of the boundaries of the District is on file in the office of the City Clerk and reference is hereby made to such map for further particulars; and
WHEREAS, the proposed assessments will be imposed exclusively to finance the installation, servicing and maintenance of public landscape and street lighting; and WHEREAS, the improvements to be made are of such a character that they will directly and particularly affect property not only within the boundaries of the City of Pleasant Hill, but also incorporated territory within the City of Concord described on Exhibit A, and the purposes sought to be accomplished can best be accomplished by a single comprehensive scheme of work.

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

1. The public interest, convenience and necessity will be served by the making of improvements and the levying of assessments.

2. Request is hereby made of the City Council of the City of Concord, being the legislative body having jurisdiction over incorporated territory in which a portion of the improvements are to be made and the assessments are to be levied, to grant to this Council its consent, expressed by resolution, to the ordering of the improvements, and to the assessment of the costs thereof upon the property benefited, and the assumption of jurisdiction for the said purposes, and to the making of such changes and modifications as may be proper or advisable in the manner provided by law.

3. The City Clerk is directed to file with the City Clerk of the City of Concord a certified copy of this resolution, together with a copy of the form of Resolution of Intention (Form) and a copy of the boundary map.

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Attachment: Proposed Resolution of Intention City of Concord (AD 20 Authorize Engineer's Report FY24/25) ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting of the Council held on the 22nd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

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Attachment: Proposed Resolution of Intention City of Concord (AD 20 Authorize Engineer's Report FY24/25) EXHIBIT “A”
TO

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

REQUESTING CONSENT FROM THE CITY OF CONCORD FOR ORDERING OF

IMPROVEMENTS AND ASSESSMENTS OF COSTS FOR BENEFITED PROPERTY IN ASSESSMENT DISTRICT NO. 20 (COMMERCIAL AREA LANDSCAPE AND LIGHTING)

CITY OF PLEASANT HILL COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA ASSESSMENT DISTRICT NO. 20
(COMMERCIAL AREA LANDSCAPE AND LIGHTING)
FISCAL YEAR 2024/2025

TERRITORY WITHIN THE CITY OF CONCORD

PARCEL SITUS
127-032-035-9 1130 CONTRA COSTA BLVD
127-032-038-3 1212 CONTRA COSTA BLVD
127-032-039-1 1200 CONTRA COSTA BLVD
127-032-042-5 1000 SUN VALLEY BLVD
127-032-043-3 1050 CONTRA COSTA BLVD
127-032-044-1 1090 CONTRA COSTA BLVD
127-032-045-8 1100 CONTRA COSTA BLVD
127-032-046-6 1150 CONTRA COSTA BLVD
153-230-007-4 715 CONTRA COSTA BLVD
153-230-021-5 410 SUN VALLEY MALL
153-230-022-3 1053 SUN VALLEY BLVD
153-230-023-1 901 SUNVALLEY BLVD
153-230-024-9 CONTRA COSTA BLVD
153-230-025-6 1001 SUN VALLEY BLVD
153-250-003-8 625 CONTRA COSTA BLVD
153-250-008-7 627 CONTRA COSTA BLVD
153-250-009-5 605 CONTRA COSTA BLVD

10.2.c
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Attachment: Proposed Resolution of Intention City of Concord (AD 20 Authorize Engineer's Report FY24/25) Assessment District No. 20
City of Pleasant Hill

DISTRICT ASSESSMENT DIAGRAM

10.2.d
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Attachment: AD 20 Boundary Map (AD 20 Authorize Engineer's Report FY24/25)

CITY COUNCIL STAFF REPORT
Meeting Date: January 22, 2024
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: ADOPT RESOLUTION NO. ___-24 DIRECTING THE PREPARATION AND FILING OF THE 2024/2025 ANNUAL REPORT FOR ASSESSMENT DISTRICT NO. 22 AND AUTHORIZING THE CITY MANAGER TO

EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH
HARRIS AND ASSOCIATES, INC.

SYNOPSIS
An assessment district is a financial mechanism that allows for the levy of an assessment on a specific geographic area or parcels of real estate, which have been identified as receiving a direct and special "benefit" from a public improvement or service. Assessment District No. 22 (AD 22) enables the City to provide landscape maintenance and street lighting at an enhanced level within the scenic easements in the Grayson Woods and Gallery Walk Subdivisions. These landscape and lighting improvements are considered to be of direct benefit to the properties within AD 22’s boundaries. The funding for the maintenance and services is provided through annual assessments paid by the benefiting property owners within AD 22.

In order for the City to continue to levy and collect assessments within AD 22 for the 2024/2025 fiscal year, an Annual Report is required. The Annual Report will include a description of the improvements to be made during the fiscal year; an estimate of costs to maintain the improvements; an allocation of costs to each parcel; confirmation of each benefiting parcel and levy of assessments; current expenditures; and proposed budget for services.

DISCUSSION
Background
AD 22 (Grayson Woods) was formed in 1997 pursuant to the provisions of the Landscape and Lighting Act of 1972, which is part of the California Streets and Highways Code. AD 22 was amended in 2002 to include Subdivision 8304, Gallery Walk. AD 22 enables the City to collect assessments from property owners in order to provide landscape maintenance and street lighting at an enhanced level and quality within the Grayson Woods and Gallery Walk Subdivisions (see maps). These services are considered to be of direct and special benefit to the properties within the AD 22 boundaries. The costs for providing these services have been paid annually by the benefiting property owners.

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Analysis
The collecting of assessments from properties within the boundaries of AD 22 will ensure continued maintenance of lighting and landscape improvements. Since July of 2007, City staff has provided maintenance services for Grayson Woods (previously contracted out to a private landscape company) and City staff continues to provide maintenance services for Gallery Walk, funded through the collection of assessments. The maintenance activities include weekly mowing and edging of turf; maintenance and repair of irrigation systems; pruning; debris removal; graffiti removal; streetlight repair; maintenance and weeding, as well as utility charges for water and electricity.

In order for the City to continue to levy and collect assessments within AD 22 for the 2024/2025 fiscal year, the District Engineer has to prepare an Annual Report. The Annual Report will include descriptions of the improvements to be made during the fiscal year, an estimate of costs, and the levy of assessments upon the benefiting properties.

The City selected Harris & Associates, Inc. (Harris) in December 2019 as the Engineer of Work.

Staff was satisfied with Harris’s work on the 2022/2023 and 2023/2024 assessment cycles and accepted their proposal for 2024/2025 to prepare the Annual Report and submit the assessments to the County Auditor for placement on the Property Tax Roll. A not-to-exceed fee of $14,766.25 will provide for these services. Harris & Associates has not increased their fee from 2023-2024 fiscal year for this service. Each year, a new Professional Services Agreement is required and is attached for the Council’s consideration.

Once the Annual Report is complete, the City Council will review the report, and if appropriate, approve a resolution announcing the intent to levy assessments for the current year. The resolution accomplishes the following: announces the City’s intent to levy and collect assessments within the District; sets the date and time of a public hearing for the District; and preliminarily approves the Annual Report.

FISCAL IMPACT
The cost of preparing all necessary reports required for the levy and collection of assessments will be borne by the property owners within the AD 22 boundaries. The not-to-exceed amount for the engineering services specified in the Professional Services Agreement is $14,766.25, which will be paid by the Assessment District.

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
Adopt the proposed resolution.

ALTERNATIVES TO RECOMMENDED ACTION
Should AD 22 not be renewed for the 2024/2025 fiscal year, there would be a loss of approximately $62,682 in collected assessments to fund revenue maintenance activities within AD

22. The City would then need to fund these maintenance activities or maintenance would be suspended.

ATTACHMENT(S):

Proposed Resolution
Exhibit 1 - Professional Services Agreement
Boundary Maps
Prepared by: Ann James, Public Works Manager
Reviewed by: Erick Cheung, Finance Manager
Approved by: Ethan Bindernagel, City Manager

10.3 Packet Pg. 67
RESOLUTION NO. __-24

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DIRECTING THE PREPARATION AND FILING OF FISCAL YEAR 2024/2025 ANNUAL REPORT FOR ASSESSMENT DISTRICT NO. 22 (GRAYSON WOODS AND GALLERY WALK) AND

AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC.

WHEREAS, on December 1, 1997, by Resolution No. 88-97, the City Council of the City of Pleasant Hill ordered the formation of and levied the first assessment within Assessment District No. 22, City of Pleasant Hill, Contra Costa County, State of California (the "District"), pursuant to the provisions of the Landscape and Lighting Act of 1972 (commencing at Section 22500 of the California Streets and Highways Code) (herein referred to as "the Act"); and WHEREAS, the District was amended in 2002 to include Subdivision 8304, Gallery Walk; and WHEREAS, Section 22620 et seq., of the Act provides for the levy of annual assessments after the formation of the District; and
WHEREAS, within the District, the existing and proposed improvements and any substantial changes proposed to be made to existing improvements are generally described as the installation, servicing and maintenance of public landscape and street lighting; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasant Hill that Harris & Associates, Inc. is designated as Engineer of Work for purposes of the District and is hereby ordered to prepare and file the Annual Report for Fiscal Year 2024/2025 in accordance with Section 22565 et seq. of the Act.

AND FURTHER, BE IT RESOLVED that the City Manager is hereby authorized to execute a Professional Services Agreement (Exhibit 1) in an amount not to exceed $14,766.25.

ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 22nd day of January, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

MATTHEW RINN, Mayor
ATTEST:

LYONE P. CONNER, City Clerk

10.3.a
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Attachment: Proposed Resolution (AD22 Authorize Engineers Report FY24/25)

AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is made and entered into as of the day of , 2024, by and between the City of Pleasant Hill ("City") and Harris & Associates, ("Consultant").

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

AGREEMENT
The Recitals listed above are hereby incorporated into and shall constitute a part of this Agreement.

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

2. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than September 30, 2024.

3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in Exhibit B, which is attached hereto and incorporated herein by reference. In no event shall Consultant’s compensation exceed $14,766.25 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. 18 January

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25)

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. Any modifications made by the City or any agents of the City to any of the Consultant’s documents or any partial use or reuse of the documents without the express written consent of the Consultant will be at the City’s sole risk and without liability to the Consultant.
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 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) 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 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

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) 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 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) 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 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) If to City:

If to Consultant:

City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523-3323
Harris & Associates
C/O Alison Bouley, PE
1401 Willow Passs, Road Suite 500
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.

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25)

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:

Ethan Bindernagel, City Manager
APPROVED AS TO FORM:

Janet E. Coleson, City Attorney

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) CONSULTANT:

By:

Title:

Business License # ATTEST:

Lyone P. Conner, City Clerk
Attachments: Exhibit A — Scope of Services
Exhibit B – Schedule of Charges
Director

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) Exhibit A
Scope of Services
Engineering Services for Annual Administration
City of Pleasant Hill
Assessment Districts 22
Fiscal Year 2024/25
Task 1. Project Kick-off call (as needed) to review prior year and plan for upcoming year. Task 2. Update parcel databases to identify any new parcels or development status changes. Task 3. Call with City Staff to review and update budgets and improvement plans. Task 4. Prepare Engineer’s Report and Review with City Staff. Task 5. Prepare City Council Staff Reports and necessary Resolutions. Task 6. Coordinate with City Clerk for published notices. Task 7. Attend City Council meetings as requested (via Zoom, Teams, WebEx, etc.). Task 8. Make any modifications to the Engineer’s Report as directed by Council. Task 9. Submit Tax Rolls to County. Task 10. Respond to property owner inquiries throughout the year. Task 11. Additional Research & Data Collection Contingency. The tables on the following pages provide a breakdown of the Harris personnel assigned to the project, the number of hours devoted to each task by personnel, and the estimated fees by task and total for each District.

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) Hourly Rates effective January 1, 2024 through December 31, 2024 and are subject to a 3% annual escalation factor on January 1st each year thereafter.

Total Total
$285/hr $210/hr $195/hr Estimated Estimated
Hours Hours Hours Hours Fee
Annual AdministrationTask 1: Annual Kick-off Meeting to review prior year and plan for upcoming year 3.00 3.00 585.00$ Task 2: Update parcel database 2.00 2.00 390.00 $
Task 3: Meet with staff to review and update budgets and improvement plans 8.00 8.00 1,560.00 $ Task 4: Prepare Engineer's Report and Review with City Staff 2.00 3.00 18.00 23.00 4,710.00$ Task 5: Prepare draft City Council staff reports and resolutions 8.00 8.00 1,560.00 $ Task 6: Coordinate with City Clerk for publishing of required notices 1.00 1.00 195.00 $ Task 7: Attend City Council Meetings (up to 2 meetings) 4.00 4.00 780.00 $ Task 8: Make Modifications as directed by City Council 2.00 2.00 390.00 $ Task 9: Submit Tax Roll to County in the required format 8.75 8.75 1,706.25 $ Task 10: Respond to property owner questions throughout the year 2.00 2.00 390.00 $ Task 11: Additional Research and Data Collection Contigency 12.82 12.82 2,500.00 $ Total Assessment District Administration Services - AD 22 2.00 3.00 69.57 74.57 14,766.25 $ ASSESSMENT DISTRICT 22
Principal-inCharge
Assessment
Engineer
QA/QC
Project
Supervisor
Project
Manager

EXHIBIT B

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Attachment: Exhibit 1 - Professional Services Agreement (AD22 Authorize Engineers Report FY24/25) M
atisse
Ct
Pic
asso
Ct
Warhol Way
Cle
v
eland Rd
W Hookston Rd
Astrid Dr
Pool
EBMUD Trail
PLEASANT HILL ASSESSMENT DISTRICT 22

GALLERY WALK
¹
Legend
District Parcels
Landscaped Area

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Attachment: AD 22 Boundary Maps (AD22 Authorize Engineers Report FY24/25) Golf Links St
Iron
Hill St
Grayson Rd
Reliez Valley Rd
PLEASANT HILL ASSESSMENT DISTRICT 22

GRAYSON WOODS
¹
Legend
District Parcels
City Boundary
Landscaped Area

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Attachment: AD 22 Boundary Maps (AD22 Authorize Engineers Report FY24/25)