City of Pleasant Hill
CITY COUNCIL MEETING AGENDA
Monday, March 03, 2025
REGULAR MEETING - 07:00 PM
Watch on YouTube at www.phillca.gov/councilmeeting
The public meeting of the City Council will be held in person at City Hall 100 Gregory Lane, Pleasant Hill, CA 94523. Telephone (925) 671-5267 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: 837 5846 1139 Passcode: 392329 MAYOR SUE NOACK DIST. 1 COUNCILMEMBER BELLE LA
VICE MAYOR ZAC SHESS DIST. 2 COUNCILMEMBER ANDREI OBOLENSKIY DIST. 5 COUNCILMEMBER AMANDA SZAKATS
Options for observing the meeting and participating in public comments 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 two minutes.
Public Participation Options
1) Watch the Meeting via Youtube Livestream at www.phillca.gov/councilmeeting. 2) Submit Written Comments by 4 pm the Day of the Meeting to [email protected] (comments received by the 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.
City Council Meeting Agenda - Page 1 of 142 - Monday, March 03, 2025 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.phillca.gov/accessiblecommunications and contact the ADA Coordinator 48 hours in advance of the meeting at (925) 671-5267 or via California Relay at 711.
Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet are available to the public in the City’s Public Records Portal at https://cityarchive.phillca.gov/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 U-Verse 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.phillca.gov/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.phillca.gov/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.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
CLOSED SESSION REPORT
PRESENTATIONS
Proclamation Designating March 31, 2025 as Cesar Chavez Day Proclamation Designating the Month of March as Red Cross Awareness Month
Introduction of Civic Action Commissioner Scott Roberts and Reappointed Civic Action Commissioners Barb Thor and Faye Donaghu
CITY MANAGERS COMMENTS
(Brief updates on pending City business without discussion by the City Council.)
COUNCIL ANNOUNCEMENTS AND REPORTS
1. 2.
3. 4.
5. 5.1
5.2 5.3
6. 7.
City Council Meeting Agenda - Page 2 of 142 - Monday, March 03, 2025 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Announcements from Councilmembers
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 anopportunity for the public to comment on other agenda itemsat the time they are discussed. Comments are limited to two minutes per speaker. To provide public comments, please see the Public Participation Options above.
CONSENT CALENDAR Page 4
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.
Approve Minutes for the Regular City Council Meeting of February 24, 2025
Approve Checks Dated February 21, 2025 Page 16
Accept Update on Contra Costa Transportation Authority and TRANSPAC Page 24
ACTION CALENDAR
Adopt Resolution No. __-25 Denying the Appeal and Upholding the Planning Commission’s Decision to Approve a Portion of a Reasonable Accommodation Request for an Attached Carport Structure for a Person with Disabilities at 135 Byron Court, ENT-2023-0058.
Discussion on Potential Commercial Cannabis Code Modifications Page 116
ADJOURNMENT
Next City Council Meeting: March 17, 2025
7.1 7.2
8. 9.
9.1 9.2
9.3 10.
10.1 10.2
11. City Council Meeting Agenda - Page 3 of 142 - Monday, March 03, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: Approve Checks Dated: February 21, 2025
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Maria Alfredo, Accounting Technician I
Approved by: Erick Cheung, Chief Financial Officer
Item 9.
City Council Meeting Agenda - Page 4 of 142 - Monday, March 03, 2025 2/21/2025 9:16:58 AM Page 1 of 7
Expense Approval Report
Pleasant Hill, CA By Vendor Name
Payment Dates 2/21/2025 - 2/21/2025
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: 10066 - LIFTOFF, LLC
LIFTOFF, LLC 7920ADD3 02/21/2025 OFFICE 365 LICEN FOR 2 PEO… 401-1012-0000-710841 346056 02/21/2025 675.00 Vendor 10066 - LIFTOFF, LLC Total: 675.00
Vendor: AAN01 - AANTEX PEST CONTROL
AANTEX PEST CONTROL 623639 02/21/2025 MONTHLY PEST CONTROL AT…101-5097-0000-650016 346057 02/21/2025 80.00 Vendor AAN01 - AANTEX PEST CONTROL Total: 80.00
Vendor: ALL01 - AG SECURITY SERVICES, INC.
AG SECURITY SERVICES, INC. A476078 02/21/2025 MONTHLY RADIO MONITORI… 101-5097-0000-650041 346058 02/21/2025 60.35 Vendor ALL01 - AG SECURITY SERVICES, INC. Total: 60.35
Vendor: AHM25 - AHMED, ASR
AHMED, ASR 250221 02/21/2025 UNIFORM ITEMS NW HIRE P… 101-2001-0000-640011 346059 02/21/2025 231.07 Vendor AHM25 - AHMED, ASR Total: 231.07
Vendor: ALS01 - ALSCO UNIFORMS
ALSCO UNIFORMS LSAC2121412 02/21/2025 MATS, TOWELS, LAUNDRY S… 101-2001-0000-660014 346060 02/21/2025 182.55 Vendor ALS01 - ALSCO UNIFORMS Total: 182.55
Vendor: AMA05 - AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICES, …116T-6VRM-G9T7 02/21/2025 TONER FOR ERIKA B 101-1014-0000-660016 346064 02/21/2025 96.10 AMAZON CAPITAL SERVICES, …13RR-LNTH-14YV 02/21/2025 TONER FOR ERIKA B 101-1014-0000-660016 346062 02/21/2025 57.20 AMAZON CAPITAL SERVICES, …1P9P-LDFC-43MK 02/21/2025 BRTHER PRNTER DR720 DRM…401-1012-0000-660024 346061 02/21/2025 98.31 AMAZON CAPITAL SERVICES, …1Y6G-3FQ7-GXD6 02/21/2025 COFFEE FOR CH EMPLOYESS 101-1016-0000-660016 346063 02/21/2025 147.53 Vendor AMA05 - AMAZON CAPITAL SERVICES, INC. Total: 399.14 Vendor: ARC07 - ARCHON ENERGY SOLUTIONS
ARCHON ENERGY SOLUTIONS 250221 02/21/2025 REF DUE ARCHON ENER SOL … 101-0000-0000-430030 346065 02/21/2025 379.20 Vendor ARC07 - ARCHON ENERGY SOLUTIONS Total: 379.20
Vendor: ARM03 - ARMOUR PETROLEUM SVC & EQUIPMENT CORP.
ARMOUR PETROLEUM SVC &…WO-28092 02/21/2025 PSC: UST EMPLOYEE TRAINI… 101-5097-0000-630040 346067 02/21/2025 320.00 ARMOUR PETROLEUM SVC &…WO-28131 02/21/2025 PD & PSC: UST OPERATOR IN… 101-5097-0000-630040 346066 02/21/2025 385.00 Vendor ARM03 - ARMOUR PETROLEUM SVC & EQUIPMENT CORP. Total: 705.00 Vendor: ARR04 - ARROWHEAD 24HR TOWING & RECOVERY
ARROWHEAD 24HR TOWING… 226587 02/21/2025 TOWING TO THE POLICE DEPT 101-2001-0000-650051 346068 02/21/2025 328.68 Vendor ARR04 - ARROWHEAD 24HR TOWING & RECOVERY Total: 328.68 Vendor: ATT04 - AT&T
AT&T 23009418 02/21/2025 9259322488,9322495 ACCT … 101-1012-0000-670020 346070 02/21/2025 122.33 Item 9.
City Council Meeting Agenda - Page 5 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 2 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount AT&T 23036226 02/21/2025 ANLG PH LN TO BCKP VOIP 9… 101-1012-0000-670020 346069 02/21/2025 61.99 Vendor ATT04 - AT&T Total: 184.32
Vendor: BEL10 - BELLECCI & ASSOCIATES/SANBELL
BELLECCI & ASSOCIATES/SA… 210032-31 & 210032-32 02/21/2025 PO/20002 PP40&41-ENGR S… 301-5137-0000-630034 346071 02/21/2025 5,701.85 Vendor BEL10 - BELLECCI & ASSOCIATES/SANBELL Total: 5,701.85 Vendor: CHA21 - CHARLES KOPP INC dba CONTINENTAL ELECTRIC CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4019-0000-650046 346072 02/21/2025 271.26 CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4024-0000-650046 346072 02/21/2025 4,176.12 CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4024-0000-650046 346072 02/21/2025 842.57 Vendor CHA21 - CHARLES KOPP INC dba CONTINENTAL ELECTRIC Total: 5,289.95 Vendor: COL24 - Cole Pro Media, Corp
Cole Pro Media, Corp 4596 02/21/2025 SOCIAL MED ASSIST/TRANSP… 241-2005-0000-630018 346073 02/21/2025 2,500.00 Vendor COL24 - Cole Pro Media, Corp Total: 2,500.00
Vendor: COM02 - COMCAST
COMCAST ACCT 8155 40 003 0053878 2…02/21/2025 MONTHLY FOR FEB 2025 02/… 101-1012-0000-670010 346076 02/21/2025 75.91 COMCAST ACCT 8155 40 003 0834376 2…02/21/2025 MONTHLY FOR FEB'25 02/14… 101-1012-0000-670010 346075 02/21/2025 196.81 Vendor COM02 - COMCAST Total: 272.72
Vendor: COM47 - COMCAST
COMCAST 1001829224 02/21/2025 MONTHLY INTERNET SVC 101-2001-0000-670010 346074 02/21/2025 1,013.70 Vendor COM47 - COMCAST Total: 1,013.70
Vendor: CCW01 - CONTRA COSTA WATER DISTRICT
CONTRA COSTA WATER DIST… ACCT 3021467 2/7/25 02/21/2025 DVWS- RAW WTR CHRG SVC …501-7010-0000-660013 346077 02/21/2025 3,488.06 Vendor CCW01 - CONTRA COSTA WATER DISTRICT Total: 3,488.06 Vendor: COR13 - CORELOGIC SOLUTIONS, LLC
CORELOGIC SOLUTIONS, LLC 30760473 02/21/2025 REALQUEST MO/USAGE FEE … 101-1012-0000-650036 346078 02/21/2025 223.46 Vendor COR13 - CORELOGIC SOLUTIONS, LLC Total: 223.46
Vendor: COU27 - COULSON & ASSOCIATES
COULSON & ASSOCIATES 24-016 02/21/2025 ADMINISTRATIVE- NON-REI… 101-3001-0000-630022 346079 02/21/2025 7,565.50 COULSON & ASSOCIATES 24-017 02/21/2025 RD1765 $510 101-220013 346079 02/21/2025 510.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1722 $425 101-220013 346079 02/21/2025 425.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1532 $255 101-220013 346079 02/21/2025 255.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1535 $510 101-220013 346079 02/21/2025 510.00 COULSON & ASSOCIATES 24-017 02/21/2025 EPL 101-220013 346079 02/21/2025 1,955.00 Vendor COU27 - COULSON & ASSOCIATES Total: 11,220.50
Vendor: DEN03 - DENALECT ALARM CO.
DENALECT ALARM CO. R14804;R15367 02/21/2025 QUARTERLY ALARM CHARGE… 101-1016-0000-630040 346080 02/21/2025 90.00 DENALECT ALARM CO. R14804;R15367 02/21/2025 QUARTERLY ALARM CHARGE… 101-1016-0000-630040 346080 02/21/2025 285.00 Vendor DEN03 - DENALECT ALARM CO. Total: 375.00
Item 9.
City Council Meeting Agenda - Page 6 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 3 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: DEX01 - DEX BACKGROUND INVESTITATIONS
DEX BACKGROUND INVESTIT… 2502-0010 02/21/2025 PRE-EMPLOYMENT BACKGR… 101-1014-0000-630021 346081 02/21/2025 335.00 Vendor DEX01 - DEX BACKGROUND INVESTITATIONS Total: 335.00 Vendor: DUA01 - DU-ALL SAFETY, LLC
DU-ALL SAFETY, LLC 25999 02/21/2025 SAFETY TRAINING JAN 2025 101-1014-0000-630020 346082 02/21/2025 775.00 Vendor DUA01 - DU-ALL SAFETY, LLC Total: 775.00
Vendor: EMP02 - EMPLOYMENT DEVELOPMENT DE
EMPLOYMENT DEVELOPME… F1675007696 02/21/2025 UNEMPLOYMENT INS CHRGS…101-1015-0000-680035 346083 02/21/2025 1,443.00 Vendor EMP02 - EMPLOYMENT DEVELOPMENT DE Total: 1,443.00 Vendor: FJK01 - F.J. KENNEDY AND ASSOCIATES, INC.
F.J. KENNEDY AND ASSOCIAT… 24-184 02/21/2025 PO/10003 STORMWATER PR… 231-3001-0000-630040 346084 02/21/2025 2,421.90 Vendor FJK01 - F.J. KENNEDY AND ASSOCIATES, INC. Total: 2,421.90 Vendor: FED09 - FEDEX
FEDEX 8-764044519 02/21/2025 MAILED TO BEST, BEST, & KR… 101-1012-0000-620030 346085 02/21/2025 87.40 FEDEX 8-771-39596 02/21/2025 AP MAILED TO V&V MANUF… 101-1010-0000-620113 346086 02/21/2025 65.45 Vendor FED09 - FEDEX Total: 152.85
Vendor: HUN03 - HUNT & SONS, LLC
HUNT & SONS, LLC 360028 02/21/2025 UNLEADED GAS FOR PD 4017…101-5097-0000-620062 346087 02/21/2025 15,904.68 Vendor HUN03 - HUNT & SONS, LLC Total: 15,904.68
Vendor: JDP01 - JD PARTNERS CONCRETE
JD PARTNERS CONCRETE 25-582 02/21/2025 PO/50550 OAK PRK BRDGE-P…301-5055-0000-800030 346088 02/21/2025 55,000.00 Vendor JDP01 - JD PARTNERS CONCRETE Total: 55,000.00
Vendor: LEH02 - LEHR
LEHR SI115306 02/21/2025 VEHICLE REPAIRS 101-2001-0000-650051 346089 02/21/2025 396.59 Vendor LEH02 - LEHR Total: 396.59
Vendor: LEO01 - LEONARD, BRIAN
LEONARD, BRIAN 250221 02/21/2025 PER DIEM TRAING SYMPO P… 101-2001-0000-640011 346090 02/21/2025 380.00 Vendor LEO01 - LEONARD, BRIAN Total: 380.00
Vendor: OBO24 - Obolenskiy, Andrei
Obolenskiy, Andrei 250221 02/21/2025 MAYORS COUNMMBERS AC… 101-1001-0000-640021 346091 02/21/2025 507.90 Vendor OBO24 - Obolenskiy, Andrei Total: 507.90
Vendor: OFF20 - ODP BUSINESS SOLUTIONS, LLC
ODP BUSINESS SOLUTIONS, L…410484617001 02/21/2025 DIVIDERS, FOLDERS, CLIPS, E… 101-2001-0000-660016 346092 02/21/2025 135.44 Vendor OFF20 - ODP BUSINESS SOLUTIONS, LLC Total: 135.44 Vendor: PAC24 - PACIFIC HIGHWAY RENTALS, LLC
PACIFIC HIGHWAY RENTALS, …1-521106 02/21/2025 POLICE DECALS 101-5097-0000-660030 346093 02/21/2025 256.84 Vendor PAC24 - PACIFIC HIGHWAY RENTALS, LLC Total: 256.84 Vendor: PGE01 - PG&E
PG&E ACCT 1132206793-2 2/11/25 02/21/2025 GAS 1/11/25 - 02/10/25 101-2001-0000-670015 346094 02/21/2025 1,912.81 Item 9.
City Council Meeting Agenda - Page 7 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 4 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount PG&E ACCT 3856908898-2 2/3/25 02/21/2025 DVWS-WTR PMP HOUSE ELEC…501-7010-0000-670015 346095 02/21/2025 89.18 Vendor PGE01 - PG&E Total: 2,001.99
Vendor: TPF01 - PLEASANT HILL CRESCENT DR. INVESTORS, LLC PLEASANT HILL CRESCENT DR…STATEMENT 1 02/21/2025 DOWNTOWN EXPENSES - JAN…226-4024-0000-630040 346096 02/21/2025 11,990.00 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 15,140.73 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 12,140.73 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 21,090.73 Vendor TPF01 - PLEASANT HILL CRESCENT DR. INVESTORS, LLC Total: 60,362.19 Vendor: PLE20 - PLEASANT HILL RECREATION & PARK DISTRICT PLEASANT HILL RECREATION… 2024005 02/21/2025 SPEC EVNT SPON-JUL-DEC'24 …101-4001-0000-660040 346098 02/21/2025 9,350.00 Vendor PLE20 - PLEASANT HILL RECREATION & PARK DISTRICT Total: 9,350.00 Vendor: PUB24 - PUBLIC AGENCY LAW, INC.
PUBLIC AGENCY LAW, INC. 250221 02/21/2025 GENE CITY ATTORNEY SERVI… 101-1007-0000-630040 346099 02/21/2025 18,228.00 Vendor PUB24 - PUBLIC AGENCY LAW, INC. Total: 18,228.00 Vendor: ALL02 - REPUBLIC SERVICES
REPUBLIC SERVICES 250221 02/21/2025 SVCS- CURBSIDE OIL COLL O… 201-4009-0000-630040 346100 02/21/2025 879.84 Vendor ALL02 - REPUBLIC SERVICES Total: 879.84
Vendor: ROB03 - ROBERT HALF
ROBERT HALF 64651314 02/21/2025 PYCK FOR PER-DIEM EMPLO… 101-2001-0000-611050 346101 02/21/2025 600.80 ROBERT HALF 64651683 02/21/2025 TEMP SVC FOR W/E 2/7/25 2…101-1010-0000-630019 346103 02/21/2025 1,030.08 ROBERT HALF 64668127 02/21/2025 PYCK FOR PER-DIEM EMPLO… 101-2001-0000-611050 346102 02/21/2025 993.96 Vendor ROB03 - ROBERT HALF Total: 2,624.84
Vendor: ROS01 - RSG INC
RSG INC 13003 02/21/2025 OLD PO/801030002 INCR N… 899-6001-0000-750924 346104 02/21/2025 412.50 RSG INC 13004 02/21/2025 PO/60010 REDEVELO & HOU… 225-4027-0000-630040 346104 02/21/2025 1,456.25 RSG INC 13005 02/21/2025 PO/60010 REDEVELO & HOU… 225-4027-0000-630040 346104 02/21/2025 286.25 Vendor ROS01 - RSG INC Total: 2,155.00
Vendor: STA67 - SECURITAS TECHNOLOGY CORPORATION
SECURITAS TECHNOLOGY CO… 6004811401 02/21/2025 MNTNG SVC FOR ALARM SYS.…101-5097-0000-650041 346105 02/21/2025 298.71 Vendor STA67 - SECURITAS TECHNOLOGY CORPORATION Total: 298.71 Vendor: SHR01 - STERICYCLE, INC.
STERICYCLE, INC. 8009820727 02/21/2025 PAPER SHREDDING SVC 101-2001-0000-630040 346106 02/21/2025 781.89 Vendor SHR01 - STERICYCLE, INC. Total: 781.89
Vendor: 10011 - SUNRUN INSTALLATION SERVICES
SUNRUN INSTALLATION SERV…SA20240723-8-48-7-A 02/21/2025 REF DUE SUNRUN FOR PROP …101-0000-0000-430030 346107 02/21/2025 379.20 SUNRUN INSTALLATION SERV…SLR-24-0832 02/21/2025 REF DUE SUNRUN FOR PROP …101-0000-0000-430030 346108 02/21/2025 379.20 Vendor 10011 - SUNRUN INSTALLATION SERVICES Total: 758.40 Vendor: SZA25 - SZAKATS, AMANDA
SZAKATS, AMANDA 250221 02/21/2025 MAYORS COUNMMBERS AC… 101-1001-0000-640021 346109 02/21/2025 508.15 Vendor SZA25 - SZAKATS, AMANDA Total: 508.15
Item 9.
City Council Meeting Agenda - Page 8 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 5 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: TIL01 - TILLMAN, KEVIN
TILLMAN, KEVIN 250221 02/21/2025 PER DIEM TRAINING SYMPOS…101-2001-0000-640011 346110 02/21/2025 380.00 Vendor TIL01 - TILLMAN, KEVIN Total: 380.00
Vendor: T-M02 - T-MOBILE USA, INC
T-MOBILE USA, INC 9592540119 02/21/2025 INVESTIGATIONS PHONE TR… 101-2001-0000-670020 346111 02/21/2025 165.00 Vendor T-M02 - T-MOBILE USA, INC Total: 165.00
Vendor: TSA25 - TSANG, LARRY K.
TSANG, LARRY K. 250221 02/21/2025 FIN-COST REC REF- ENT-2023…101-220010 346112 02/21/2025 2,500.00 Vendor TSA25 - TSANG, LARRY K. Total: 2,500.00
Vendor: 10051 - VELASCO, ABRAHAM
VELASCO, ABRAHAM 250221 02/21/2025 CLASS TUIT COMM OF HIGH … 101-2001-0000-640011 346113 02/21/2025 299.00 Vendor 10051 - VELASCO, ABRAHAM Total: 299.00
Vendor: VER09 - VERIZON WIRELESS
VERIZON WIRELESS 6104925086 02/21/2025 PH SVC- PSC (JAN 02-FEB 01)… 101-5097-0000-670010 346115 02/21/2025 453.92 VERIZON WIRELESS 6104963513 02/21/2025 PH SVC FOR PLG DIV- LUIS M …101-4004-0000-670020 346116 02/21/2025 156.64 VERIZON WIRELESS 6105176230 02/21/2025 DVWS- PHONE ACCT 842013… 501-7010-0000-670010 346114 02/21/2025 103.04 Vendor VER09 - VERIZON WIRELESS Total: 713.60
Vendor: VER07 - VERMILLION, SCOTT
VERMILLION, SCOTT 250221 02/21/2025 PER DIEM TRAING SYMPO P… 101-2001-0000-640011 346117 02/21/2025 380.00 Vendor VER07 - VERMILLION, SCOTT Total: 380.00
Vendor: AST02 - WAVE
WAVE 103859701-0011314 02/21/2025 CH INTERNET CONN ACCT 15… 101-1012-0000-670010 346119 02/21/2025 943.20 WAVE 136680201-0011314 02/21/2025 DARK FIBER MAINT FOR CO… 101-2001-0000-670010 346118 02/21/2025 418.76 Vendor AST02 - WAVE Total: 1,361.96
Grand Total: 214,768.32
Item 9.
City Council Meeting Agenda - Page 9 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 6 of 7
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 76,004.00
201 - WASTE MANAGEMENT/RECYCLING FUND 879.84
225 - LOW/MODERATE INCOME HOUSING-SUCCESSOR … 1,742.50
226 - COMMERCIAL LANDSCAPE & LIGHTING - DISTRICT … 65,652.14 231 - NPDES/STORMWATER 2,421.90
241 - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FU… 2,500.00 301 - GAS TAX FUND 60,701.85
401 - CITY HALL/PUBLIC SERVICE CENTER TECHNOLOGY … 773.31 501 - DIABLO VISTA WATER FUND 3,680.28
899 - REDEVELOP PROP TAX TRUST FUND-SUCCESSOR A… 412.50 Grand Total: 214,768.32
Account Summary
Account Number Account Name Payment Amount
101-0000-0000-430030 BUILDING PERMITS 1,137.60
101-1001-0000-640021 EDUC/CONF/O/N 1,016.05
101-1007-0000-630040 CONTRACTUAL SVC 18,228.00
101-1010-0000-620113 POSTAGE 65.45
101-1010-0000-630019 TEMP AGNCY SVCS 1,030.08
101-1012-0000-620030 CREDIT CARD/MERCHA… 87.40
101-1012-0000-650036 MAINT/SOFTWARE 223.46
101-1012-0000-670010 UTIL/COMMUNCTNS 1,215.92
101-1012-0000-670020 UTIL/TELEPHONE 184.32
101-1014-0000-630020 EMPLYEE TRAING 775.00
101-1014-0000-630021 HIRE/TEST SVCS 335.00
101-1014-0000-660016 SUPPLIES/OFFICE 153.30
101-1015-0000-680035 INSURANCE/UNEMPLY… 1,443.00
101-1016-0000-630040 CONTRACTUAL SVC 375.00
101-1016-0000-660016 SUPPLIES/OFFICE 147.53
101-2001-0000-611050 SALARY-PART TIME TEM… 1,594.76
101-2001-0000-630040 CONTRACTUAL SVC 781.89
101-2001-0000-640011 POST TRAING SVC 1,670.07
101-2001-0000-650051 MAINT/P.D. AUTO 725.27
101-2001-0000-660014 SUPPLIES/OPERATING 182.55
101-2001-0000-660016 SUPPLIES/OFFICE 135.44
101-2001-0000-670010 UTIL/COMMUNCTNS 1,432.46
101-2001-0000-670015 UTIL/GAS-ELECTR 1,912.81
101-2001-0000-670020 UTIL/TELEPHONE 165.00
101-220010 REFUNDABLE DEPOSITS … 2,500.00
101-220013 REFUNDABLE DEPOSITS … 3,655.00
Item 9.
City Council Meeting Agenda - Page 10 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 7 of 7
Account Summary
Account Number Account Name Payment Amount
101-3001-0000-630022 CONSULTANT STAFF 7,565.50
101-4001-0000-660040 SPCL EVENT SPNS 9,350.00
101-4004-0000-670020 UTIL/TELEPHONE 156.64
101-5097-0000-620062 AUTO/GASOLINE 15,904.68
101-5097-0000-630040 CONTRACTUAL SVC 705.00
101-5097-0000-650016 MAINT/PD BLDG 80.00
101-5097-0000-650041 MAINT/FIR/SCRTY 359.06
101-5097-0000-660030 SUPPLIES/SIGN MATERI… 256.84
101-5097-0000-670010 UTIL/COMMUNCTNS 453.92
201-4009-0000-630040 CONTRACTUAL SVC 879.84
225-4027-0000-630040 CONTRACTUAL SVC 1,742.50
226-4019-0000-650046 MAINT/STR LITES 271.26
226-4024-0000-630040 CONTRACTUAL SVC 60,362.19
226-4024-0000-650046 MAINT/STR LITES 5,018.69
231-3001-0000-630040 CONTRACTUAL SVC 2,421.90
241-2005-0000-630018 MISC OUTSD SVCS 2,500.00
301-5055-0000-800030 CONSTRUCTION 55,000.00
301-5137-0000-630034 ENGINEERING 5,701.85
401-1012-0000-660024 SUPPLIES/NON CAPITALI… 98.31
401-1012-0000-710841 CAPITAL ASSETS-SOFTW… 675.00
501-7010-0000-660013 SUPPLIES/RAW WATER 3,488.06
501-7010-0000-670010 UTIL/COMMUNCTNS 103.04
501-7010-0000-670015 UTIL/GAS-ELECTR 89.18
899-6001-0000-750924 ADMINISTRATIVE COSTS… 412.50
Grand Total: 214,768.32
Project Account Summary
Project Account Key Payment Amount
**None** 214,768.32
Grand Total: 214,768.32
2025-02-22
Item 9.
City Council Meeting Agenda - Page 11 of 142 - Monday, March 03, 2025
MINUTES OF THE
REGULAR MEETING – CITY COUNCIL
February 24, 2025
City Council Meeting Minutes Page 1 February 24, 2025
Mayor Noack called a Regular Meeting of the City Council to order at 7:00 PM, in the Council Chambers, 100 Gregory Lane, Pleasant Hill, CA, complete proceedings of which were electronically recorded. The meeting agenda was posted on the City Hall outdoor bulletin board at 100 Gregory Lane, Pleasant Hill, CA on February 20, 2025, by City Clerk Lyone Conner.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
Attendee Name Title Status
Sue Noack Mayor Present
Zac Shess Vice Mayor Present
Belle La District 1 Councilmember Present
Andrei Obolenskiy District 2 Councilmember Present
Amanda Szakats District 5 Councilmember Present
4. CLOSED SESSION REPORT
Mayor Noack reported that there was a closed session, and there was nothing to report.
5. PRESENTATIONS
5.1 Introduction of Education Commissioner Kayla Dessalgne Vice Mayor Shess introduced Kayla Dessalgne who was appointed to the Education Commission.
Commissioner Dessalgne thanked the Council and shared comments regarding her appointment.
5.2 Visit Pleasant Hill Annual Report Update
Trish Snowden, President of Visit Pleasant Hill (VPH), provided an update on changes implemented by VPH, following the October 2024 audit report and responded to questions from Council.
6. CITY MANAGER COMMENTS
Ethan Bindernagel, City Manager, reported that:
• The City will host an inaugural Earth Day Celebration on April 24, 2025 at City Hall. • The City is seeking applicants for current Commission vacancies. • The Commission on Aging held a workshop on proactive planning for aging on February 20, 2025.
Item 9.1
City Council Meeting Agenda - Page 12 of 142 - Monday, March 03, 2025 City Council Meeting Minutes Page 2 February 24, 2025
7. COUNCIL ANNOUNCEMENTS AND REPORTS
7.1 Reports from Councilmembers on Meetings or Conferences Attended at City Expense
Mayor Noack reported four Councilmembers’ attendance at the Contra Costa Mayors Conference, hosted by the Town of Moraga on February 13, 2025.
7.2 Announcements from Councilmembers
Councilmember Szakats reported her attendance at the MCE Board Meeting.
Vice Mayor Shess reported his attendance at the Lunar New Year celebration at the Pleasant Hill Library, the Lunar New Year Festival at Diablo Valley College, two School Site Safety meetings, the East Bay Economic Development Association meeting, and the Economic Development Committee meeting.
Councilmember Obolenskiy reported his attendance at the Economic Development Committee meeting, and he recognized the International Women’s Day observance.
Councilmember La reported her attendance at the Lunar New Year celebration at the Pleasant Hill Library and the Lunar New Year Festival at Diablo Valley College. She also attended a briefing on the Bike and Pedestrian Master Plan.
Mayor Noack reported her attendance at School Site Safety meetings for Pleasant Hill Middle School and Gregory Gardens. She also had a speaking engagement at the International Jewish Film Festival at the Century Downtown Pleasant Hill movie theater.
8. PUBLIC COMMENT
The following members of the public shared comments:
• Ryan-Thomas Brown for Congressman Mark Desaulnier
• David Calder
9. CONSENT CALENDAR
Motion (Shess/La) to Approve consent items 9.1 through 9.4, carried unanimously as follows:
AYES: La , Obolenskiy, Shess, Szakats, Noack
9.1 Approve Minutes for the Regular City Council Meeting of February 3, 2025
9.2 Approve Checks Dated: February 07,2025; February 14, 2025 Item 9.1
City Council Meeting Agenda - Page 13 of 142 - Monday, March 03, 2025 City Council Meeting Minutes Page 3 February 24, 2025
9.3 Approve Appointment Recommendations to the Civic Action Commission, Commission on Aging, and County Connection Advisory Committee
9.4 Adopt Resolution No. 8 -25 Authorizing the City Manager to Execute an Amendment to a Professional Services Agreement with Mintier Harnish for Planning and Environmental Consulting Services for the Update of City of Pleasant Hill General Plan, Housing Element, Zoning Ordinance Update
10. ACTION CALENDAR
10.1 Accept the Audited Annual Comprehensive Financial Report, Measure K Fund Report, and the Management Letter for the Fiscal Year Ended June 30, 2024 Erick Cheung, Chief Finance Officer, introduced item 10.1, provided a presentation regarding the audit, and responded to comments from Council.
Auditors Jon Waller and David Bullock of MGO were also available online to answer questions.
No members of the public spoke on the items.
Motion (Obolenskiy/Szakats) to Approve item 10.1, carried unanimously as follows:
AYES: La, Obolenskiy, Shess, Szakats, Noack
10.2 Adopt Resolution No. 9 - 25 Approving an Additional Contribution to the Public Agencies Post-Employment Benefits Trust Program with Public Agency Retirement Services (PARS) Section 115 Trust
Erick Cheung, Chief Finance Officer, introduced item 10.2 and provided a presentation on the projections of the Post-Employment Benefits Trust program.
No members of the public spoke on the item
Motion (La/Obolenskiy) to Approve item 10.2, carried unanimously as follows:
AYES: La, Obolenskiy, Shess, Szakats, Noack
ADJOURNMENT
Mayor Noack adjourned the meeting at 8:40 p.m. to a Special Joint meeting of the City Council and the Recreation & Park Board of Directors on February 25, 2025 at 7:30 a.m.
The next Regular City Council meeting will be held on Monday, March 3, 2025, beginning at 7:00 p.m.
Item 9.1
City Council Meeting Agenda - Page 14 of 142 - Monday, March 03, 2025 City Council Meeting Minutes Page 4 February 24, 2025
LYONE P. CONNER, CITY CLERK
Item 9.1
City Council Meeting Agenda - Page 15 of 142 - Monday, March 03, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
SUBJECT: Approve Checks Dated: February 21, 2025
RECOMMENDED CITY COUNCIL ACTION
Approve the check register.
ATTACHMENT(S):
Check Register
Prepared by: Maria Alfredo, Accounting Technician I
Approved by: Erick Cheung, Chief Financial Officer
Item 9.2
City Council Meeting Agenda - Page 16 of 142 - Monday, March 03, 2025 2/21/2025 9:16:58 AM Page 1 of 7
Expense Approval Report
Pleasant Hill, CA By Vendor Name
Payment Dates 2/21/2025 - 2/21/2025
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: 10066 - LIFTOFF, LLC
LIFTOFF, LLC 7920ADD3 02/21/2025 OFFICE 365 LICEN FOR 2 PEO… 401-1012-0000-710841 346056 02/21/2025 675.00 Vendor 10066 - LIFTOFF, LLC Total: 675.00
Vendor: AAN01 - AANTEX PEST CONTROL
AANTEX PEST CONTROL 623639 02/21/2025 MONTHLY PEST CONTROL AT…101-5097-0000-650016 346057 02/21/2025 80.00 Vendor AAN01 - AANTEX PEST CONTROL Total: 80.00
Vendor: ALL01 - AG SECURITY SERVICES, INC.
AG SECURITY SERVICES, INC. A476078 02/21/2025 MONTHLY RADIO MONITORI… 101-5097-0000-650041 346058 02/21/2025 60.35 Vendor ALL01 - AG SECURITY SERVICES, INC. Total: 60.35
Vendor: AHM25 - AHMED, ASR
AHMED, ASR 250221 02/21/2025 UNIFORM ITEMS NW HIRE P… 101-2001-0000-640011 346059 02/21/2025 231.07 Vendor AHM25 - AHMED, ASR Total: 231.07
Vendor: ALS01 - ALSCO UNIFORMS
ALSCO UNIFORMS LSAC2121412 02/21/2025 MATS, TOWELS, LAUNDRY S… 101-2001-0000-660014 346060 02/21/2025 182.55 Vendor ALS01 - ALSCO UNIFORMS Total: 182.55
Vendor: AMA05 - AMAZON CAPITAL SERVICES, INC.
AMAZON CAPITAL SERVICES, …116T-6VRM-G9T7 02/21/2025 TONER FOR ERIKA B 101-1014-0000-660016 346064 02/21/2025 96.10 AMAZON CAPITAL SERVICES, …13RR-LNTH-14YV 02/21/2025 TONER FOR ERIKA B 101-1014-0000-660016 346062 02/21/2025 57.20 AMAZON CAPITAL SERVICES, …1P9P-LDFC-43MK 02/21/2025 BRTHER PRNTER DR720 DRM…401-1012-0000-660024 346061 02/21/2025 98.31 AMAZON CAPITAL SERVICES, …1Y6G-3FQ7-GXD6 02/21/2025 COFFEE FOR CH EMPLOYESS 101-1016-0000-660016 346063 02/21/2025 147.53 Vendor AMA05 - AMAZON CAPITAL SERVICES, INC. Total: 399.14 Vendor: ARC07 - ARCHON ENERGY SOLUTIONS
ARCHON ENERGY SOLUTIONS 250221 02/21/2025 REF DUE ARCHON ENER SOL … 101-0000-0000-430030 346065 02/21/2025 379.20 Vendor ARC07 - ARCHON ENERGY SOLUTIONS Total: 379.20
Vendor: ARM03 - ARMOUR PETROLEUM SVC & EQUIPMENT CORP.
ARMOUR PETROLEUM SVC &…WO-28092 02/21/2025 PSC: UST EMPLOYEE TRAINI… 101-5097-0000-630040 346067 02/21/2025 320.00 ARMOUR PETROLEUM SVC &…WO-28131 02/21/2025 PD & PSC: UST OPERATOR IN… 101-5097-0000-630040 346066 02/21/2025 385.00 Vendor ARM03 - ARMOUR PETROLEUM SVC & EQUIPMENT CORP. Total: 705.00 Vendor: ARR04 - ARROWHEAD 24HR TOWING & RECOVERY
ARROWHEAD 24HR TOWING… 226587 02/21/2025 TOWING TO THE POLICE DEPT 101-2001-0000-650051 346068 02/21/2025 328.68 Vendor ARR04 - ARROWHEAD 24HR TOWING & RECOVERY Total: 328.68 Vendor: ATT04 - AT&T
AT&T 23009418 02/21/2025 9259322488,9322495 ACCT … 101-1012-0000-670020 346070 02/21/2025 122.33 Item 9.2
City Council Meeting Agenda - Page 17 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 2 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount AT&T 23036226 02/21/2025 ANLG PH LN TO BCKP VOIP 9… 101-1012-0000-670020 346069 02/21/2025 61.99 Vendor ATT04 - AT&T Total: 184.32
Vendor: BEL10 - BELLECCI & ASSOCIATES/SANBELL
BELLECCI & ASSOCIATES/SA… 210032-31 & 210032-32 02/21/2025 PO/20002 PP40&41-ENGR S… 301-5137-0000-630034 346071 02/21/2025 5,701.85 Vendor BEL10 - BELLECCI & ASSOCIATES/SANBELL Total: 5,701.85 Vendor: CHA21 - CHARLES KOPP INC dba CONTINENTAL ELECTRIC CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4019-0000-650046 346072 02/21/2025 271.26 CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4024-0000-650046 346072 02/21/2025 4,176.12 CHARLES KOPP INC dba CONT…CEI 13264;13265;13266 02/21/2025 ELEC LGHT SVCS: CCB/ BOYD… 226-4024-0000-650046 346072 02/21/2025 842.57 Vendor CHA21 - CHARLES KOPP INC dba CONTINENTAL ELECTRIC Total: 5,289.95 Vendor: COL24 - Cole Pro Media, Corp
Cole Pro Media, Corp 4596 02/21/2025 SOCIAL MED ASSIST/TRANSP… 241-2005-0000-630018 346073 02/21/2025 2,500.00 Vendor COL24 - Cole Pro Media, Corp Total: 2,500.00
Vendor: COM02 - COMCAST
COMCAST ACCT 8155 40 003 0053878 2…02/21/2025 MONTHLY FOR FEB 2025 02/… 101-1012-0000-670010 346076 02/21/2025 75.91 COMCAST ACCT 8155 40 003 0834376 2…02/21/2025 MONTHLY FOR FEB'25 02/14… 101-1012-0000-670010 346075 02/21/2025 196.81 Vendor COM02 - COMCAST Total: 272.72
Vendor: COM47 - COMCAST
COMCAST 1001829224 02/21/2025 MONTHLY INTERNET SVC 101-2001-0000-670010 346074 02/21/2025 1,013.70 Vendor COM47 - COMCAST Total: 1,013.70
Vendor: CCW01 - CONTRA COSTA WATER DISTRICT
CONTRA COSTA WATER DIST… ACCT 3021467 2/7/25 02/21/2025 DVWS- RAW WTR CHRG SVC …501-7010-0000-660013 346077 02/21/2025 3,488.06 Vendor CCW01 - CONTRA COSTA WATER DISTRICT Total: 3,488.06 Vendor: COR13 - CORELOGIC SOLUTIONS, LLC
CORELOGIC SOLUTIONS, LLC 30760473 02/21/2025 REALQUEST MO/USAGE FEE … 101-1012-0000-650036 346078 02/21/2025 223.46 Vendor COR13 - CORELOGIC SOLUTIONS, LLC Total: 223.46
Vendor: COU27 - COULSON & ASSOCIATES
COULSON & ASSOCIATES 24-016 02/21/2025 ADMINISTRATIVE- NON-REI… 101-3001-0000-630022 346079 02/21/2025 7,565.50 COULSON & ASSOCIATES 24-017 02/21/2025 RD1765 $510 101-220013 346079 02/21/2025 510.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1722 $425 101-220013 346079 02/21/2025 425.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1532 $255 101-220013 346079 02/21/2025 255.00 COULSON & ASSOCIATES 24-017 02/21/2025 RD1535 $510 101-220013 346079 02/21/2025 510.00 COULSON & ASSOCIATES 24-017 02/21/2025 EPL 101-220013 346079 02/21/2025 1,955.00 Vendor COU27 - COULSON & ASSOCIATES Total: 11,220.50
Vendor: DEN03 - DENALECT ALARM CO.
DENALECT ALARM CO. R14804;R15367 02/21/2025 QUARTERLY ALARM CHARGE… 101-1016-0000-630040 346080 02/21/2025 90.00 DENALECT ALARM CO. R14804;R15367 02/21/2025 QUARTERLY ALARM CHARGE… 101-1016-0000-630040 346080 02/21/2025 285.00 Vendor DEN03 - DENALECT ALARM CO. Total: 375.00
Item 9.2
City Council Meeting Agenda - Page 18 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 3 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: DEX01 - DEX BACKGROUND INVESTITATIONS
DEX BACKGROUND INVESTIT… 2502-0010 02/21/2025 PRE-EMPLOYMENT BACKGR… 101-1014-0000-630021 346081 02/21/2025 335.00 Vendor DEX01 - DEX BACKGROUND INVESTITATIONS Total: 335.00 Vendor: DUA01 - DU-ALL SAFETY, LLC
DU-ALL SAFETY, LLC 25999 02/21/2025 SAFETY TRAINING JAN 2025 101-1014-0000-630020 346082 02/21/2025 775.00 Vendor DUA01 - DU-ALL SAFETY, LLC Total: 775.00
Vendor: EMP02 - EMPLOYMENT DEVELOPMENT DE
EMPLOYMENT DEVELOPME… F1675007696 02/21/2025 UNEMPLOYMENT INS CHRGS…101-1015-0000-680035 346083 02/21/2025 1,443.00 Vendor EMP02 - EMPLOYMENT DEVELOPMENT DE Total: 1,443.00 Vendor: FJK01 - F.J. KENNEDY AND ASSOCIATES, INC.
F.J. KENNEDY AND ASSOCIAT… 24-184 02/21/2025 PO/10003 STORMWATER PR… 231-3001-0000-630040 346084 02/21/2025 2,421.90 Vendor FJK01 - F.J. KENNEDY AND ASSOCIATES, INC. Total: 2,421.90 Vendor: FED09 - FEDEX
FEDEX 8-764044519 02/21/2025 MAILED TO BEST, BEST, & KR… 101-1012-0000-620030 346085 02/21/2025 87.40 FEDEX 8-771-39596 02/21/2025 AP MAILED TO V&V MANUF… 101-1010-0000-620113 346086 02/21/2025 65.45 Vendor FED09 - FEDEX Total: 152.85
Vendor: HUN03 - HUNT & SONS, LLC
HUNT & SONS, LLC 360028 02/21/2025 UNLEADED GAS FOR PD 4017…101-5097-0000-620062 346087 02/21/2025 15,904.68 Vendor HUN03 - HUNT & SONS, LLC Total: 15,904.68
Vendor: JDP01 - JD PARTNERS CONCRETE
JD PARTNERS CONCRETE 25-582 02/21/2025 PO/50550 OAK PRK BRDGE-P…301-5055-0000-800030 346088 02/21/2025 55,000.00 Vendor JDP01 - JD PARTNERS CONCRETE Total: 55,000.00
Vendor: LEH02 - LEHR
LEHR SI115306 02/21/2025 VEHICLE REPAIRS 101-2001-0000-650051 346089 02/21/2025 396.59 Vendor LEH02 - LEHR Total: 396.59
Vendor: LEO01 - LEONARD, BRIAN
LEONARD, BRIAN 250221 02/21/2025 PER DIEM TRAING SYMPO P… 101-2001-0000-640011 346090 02/21/2025 380.00 Vendor LEO01 - LEONARD, BRIAN Total: 380.00
Vendor: OBO24 - Obolenskiy, Andrei
Obolenskiy, Andrei 250221 02/21/2025 MAYORS COUNMMBERS AC… 101-1001-0000-640021 346091 02/21/2025 507.90 Vendor OBO24 - Obolenskiy, Andrei Total: 507.90
Vendor: OFF20 - ODP BUSINESS SOLUTIONS, LLC
ODP BUSINESS SOLUTIONS, L…410484617001 02/21/2025 DIVIDERS, FOLDERS, CLIPS, E… 101-2001-0000-660016 346092 02/21/2025 135.44 Vendor OFF20 - ODP BUSINESS SOLUTIONS, LLC Total: 135.44 Vendor: PAC24 - PACIFIC HIGHWAY RENTALS, LLC
PACIFIC HIGHWAY RENTALS, …1-521106 02/21/2025 POLICE DECALS 101-5097-0000-660030 346093 02/21/2025 256.84 Vendor PAC24 - PACIFIC HIGHWAY RENTALS, LLC Total: 256.84 Vendor: PGE01 - PG&E
PG&E ACCT 1132206793-2 2/11/25 02/21/2025 GAS 1/11/25 - 02/10/25 101-2001-0000-670015 346094 02/21/2025 1,912.81 Item 9.2
City Council Meeting Agenda - Page 19 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 4 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount PG&E ACCT 3856908898-2 2/3/25 02/21/2025 DVWS-WTR PMP HOUSE ELEC…501-7010-0000-670015 346095 02/21/2025 89.18 Vendor PGE01 - PG&E Total: 2,001.99
Vendor: TPF01 - PLEASANT HILL CRESCENT DR. INVESTORS, LLC PLEASANT HILL CRESCENT DR…STATEMENT 1 02/21/2025 DOWNTOWN EXPENSES - JAN…226-4024-0000-630040 346096 02/21/2025 11,990.00 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 15,140.73 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 12,140.73 PLEASANT HILL CRESCENT DR…STATEMENT 2 02/21/2025 DOWNTOWN EXP- OCT'24, … 226-4024-0000-630040 346097 02/21/2025 21,090.73 Vendor TPF01 - PLEASANT HILL CRESCENT DR. INVESTORS, LLC Total: 60,362.19 Vendor: PLE20 - PLEASANT HILL RECREATION & PARK DISTRICT PLEASANT HILL RECREATION… 2024005 02/21/2025 SPEC EVNT SPON-JUL-DEC'24 …101-4001-0000-660040 346098 02/21/2025 9,350.00 Vendor PLE20 - PLEASANT HILL RECREATION & PARK DISTRICT Total: 9,350.00 Vendor: PUB24 - PUBLIC AGENCY LAW, INC.
PUBLIC AGENCY LAW, INC. 250221 02/21/2025 GENE CITY ATTORNEY SERVI… 101-1007-0000-630040 346099 02/21/2025 18,228.00 Vendor PUB24 - PUBLIC AGENCY LAW, INC. Total: 18,228.00 Vendor: ALL02 - REPUBLIC SERVICES
REPUBLIC SERVICES 250221 02/21/2025 SVCS- CURBSIDE OIL COLL O… 201-4009-0000-630040 346100 02/21/2025 879.84 Vendor ALL02 - REPUBLIC SERVICES Total: 879.84
Vendor: ROB03 - ROBERT HALF
ROBERT HALF 64651314 02/21/2025 PYCK FOR PER-DIEM EMPLO… 101-2001-0000-611050 346101 02/21/2025 600.80 ROBERT HALF 64651683 02/21/2025 TEMP SVC FOR W/E 2/7/25 2…101-1010-0000-630019 346103 02/21/2025 1,030.08 ROBERT HALF 64668127 02/21/2025 PYCK FOR PER-DIEM EMPLO… 101-2001-0000-611050 346102 02/21/2025 993.96 Vendor ROB03 - ROBERT HALF Total: 2,624.84
Vendor: ROS01 - RSG INC
RSG INC 13003 02/21/2025 OLD PO/801030002 INCR N… 899-6001-0000-750924 346104 02/21/2025 412.50 RSG INC 13004 02/21/2025 PO/60010 REDEVELO & HOU… 225-4027-0000-630040 346104 02/21/2025 1,456.25 RSG INC 13005 02/21/2025 PO/60010 REDEVELO & HOU… 225-4027-0000-630040 346104 02/21/2025 286.25 Vendor ROS01 - RSG INC Total: 2,155.00
Vendor: STA67 - SECURITAS TECHNOLOGY CORPORATION
SECURITAS TECHNOLOGY CO… 6004811401 02/21/2025 MNTNG SVC FOR ALARM SYS.…101-5097-0000-650041 346105 02/21/2025 298.71 Vendor STA67 - SECURITAS TECHNOLOGY CORPORATION Total: 298.71 Vendor: SHR01 - STERICYCLE, INC.
STERICYCLE, INC. 8009820727 02/21/2025 PAPER SHREDDING SVC 101-2001-0000-630040 346106 02/21/2025 781.89 Vendor SHR01 - STERICYCLE, INC. Total: 781.89
Vendor: 10011 - SUNRUN INSTALLATION SERVICES
SUNRUN INSTALLATION SERV…SA20240723-8-48-7-A 02/21/2025 REF DUE SUNRUN FOR PROP …101-0000-0000-430030 346107 02/21/2025 379.20 SUNRUN INSTALLATION SERV…SLR-24-0832 02/21/2025 REF DUE SUNRUN FOR PROP …101-0000-0000-430030 346108 02/21/2025 379.20 Vendor 10011 - SUNRUN INSTALLATION SERVICES Total: 758.40 Vendor: SZA25 - SZAKATS, AMANDA
SZAKATS, AMANDA 250221 02/21/2025 MAYORS COUNMMBERS AC… 101-1001-0000-640021 346109 02/21/2025 508.15 Vendor SZA25 - SZAKATS, AMANDA Total: 508.15
Item 9.2
City Council Meeting Agenda - Page 20 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 5 of 7
Vendor Name Payable Number Post Date Description (Item) Account Number Payment Number Payment Date Amount Vendor: TIL01 - TILLMAN, KEVIN
TILLMAN, KEVIN 250221 02/21/2025 PER DIEM TRAINING SYMPOS…101-2001-0000-640011 346110 02/21/2025 380.00 Vendor TIL01 - TILLMAN, KEVIN Total: 380.00
Vendor: T-M02 - T-MOBILE USA, INC
T-MOBILE USA, INC 9592540119 02/21/2025 INVESTIGATIONS PHONE TR… 101-2001-0000-670020 346111 02/21/2025 165.00 Vendor T-M02 - T-MOBILE USA, INC Total: 165.00
Vendor: TSA25 - TSANG, LARRY K.
TSANG, LARRY K. 250221 02/21/2025 FIN-COST REC REF- ENT-2023…101-220010 346112 02/21/2025 2,500.00 Vendor TSA25 - TSANG, LARRY K. Total: 2,500.00
Vendor: 10051 - VELASCO, ABRAHAM
VELASCO, ABRAHAM 250221 02/21/2025 CLASS TUIT COMM OF HIGH … 101-2001-0000-640011 346113 02/21/2025 299.00 Vendor 10051 - VELASCO, ABRAHAM Total: 299.00
Vendor: VER09 - VERIZON WIRELESS
VERIZON WIRELESS 6104925086 02/21/2025 PH SVC- PSC (JAN 02-FEB 01)… 101-5097-0000-670010 346115 02/21/2025 453.92 VERIZON WIRELESS 6104963513 02/21/2025 PH SVC FOR PLG DIV- LUIS M …101-4004-0000-670020 346116 02/21/2025 156.64 VERIZON WIRELESS 6105176230 02/21/2025 DVWS- PHONE ACCT 842013… 501-7010-0000-670010 346114 02/21/2025 103.04 Vendor VER09 - VERIZON WIRELESS Total: 713.60
Vendor: VER07 - VERMILLION, SCOTT
VERMILLION, SCOTT 250221 02/21/2025 PER DIEM TRAING SYMPO P… 101-2001-0000-640011 346117 02/21/2025 380.00 Vendor VER07 - VERMILLION, SCOTT Total: 380.00
Vendor: AST02 - WAVE
WAVE 103859701-0011314 02/21/2025 CH INTERNET CONN ACCT 15… 101-1012-0000-670010 346119 02/21/2025 943.20 WAVE 136680201-0011314 02/21/2025 DARK FIBER MAINT FOR CO… 101-2001-0000-670010 346118 02/21/2025 418.76 Vendor AST02 - WAVE Total: 1,361.96
Grand Total: 214,768.32
Item 9.2
City Council Meeting Agenda - Page 21 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 6 of 7
Report Summary
Fund Summary
Fund Payment Amount
101 - GENERAL FUND 76,004.00
201 - WASTE MANAGEMENT/RECYCLING FUND 879.84
225 - LOW/MODERATE INCOME HOUSING-SUCCESSOR … 1,742.50
226 - COMMERCIAL LANDSCAPE & LIGHTING - DISTRICT … 65,652.14 231 - NPDES/STORMWATER 2,421.90
241 - SUPPLEMENTAL LAW ENFORCEMENT SERVICES FU… 2,500.00 301 - GAS TAX FUND 60,701.85
401 - CITY HALL/PUBLIC SERVICE CENTER TECHNOLOGY … 773.31 501 - DIABLO VISTA WATER FUND 3,680.28
899 - REDEVELOP PROP TAX TRUST FUND-SUCCESSOR A… 412.50 Grand Total: 214,768.32
Account Summary
Account Number Account Name Payment Amount
101-0000-0000-430030 BUILDING PERMITS 1,137.60
101-1001-0000-640021 EDUC/CONF/O/N 1,016.05
101-1007-0000-630040 CONTRACTUAL SVC 18,228.00
101-1010-0000-620113 POSTAGE 65.45
101-1010-0000-630019 TEMP AGNCY SVCS 1,030.08
101-1012-0000-620030 CREDIT CARD/MERCHA… 87.40
101-1012-0000-650036 MAINT/SOFTWARE 223.46
101-1012-0000-670010 UTIL/COMMUNCTNS 1,215.92
101-1012-0000-670020 UTIL/TELEPHONE 184.32
101-1014-0000-630020 EMPLYEE TRAING 775.00
101-1014-0000-630021 HIRE/TEST SVCS 335.00
101-1014-0000-660016 SUPPLIES/OFFICE 153.30
101-1015-0000-680035 INSURANCE/UNEMPLY… 1,443.00
101-1016-0000-630040 CONTRACTUAL SVC 375.00
101-1016-0000-660016 SUPPLIES/OFFICE 147.53
101-2001-0000-611050 SALARY-PART TIME TEM… 1,594.76
101-2001-0000-630040 CONTRACTUAL SVC 781.89
101-2001-0000-640011 POST TRAING SVC 1,670.07
101-2001-0000-650051 MAINT/P.D. AUTO 725.27
101-2001-0000-660014 SUPPLIES/OPERATING 182.55
101-2001-0000-660016 SUPPLIES/OFFICE 135.44
101-2001-0000-670010 UTIL/COMMUNCTNS 1,432.46
101-2001-0000-670015 UTIL/GAS-ELECTR 1,912.81
101-2001-0000-670020 UTIL/TELEPHONE 165.00
101-220010 REFUNDABLE DEPOSITS … 2,500.00
101-220013 REFUNDABLE DEPOSITS … 3,655.00
Item 9.2
City Council Meeting Agenda - Page 22 of 142 - Monday, March 03, 2025 Expense Approval Report Payment Dates: 2/21/2025 - 2/21/2025 2/21/2025 9:16:58 AM Page 7 of 7
Account Summary
Account Number Account Name Payment Amount
101-3001-0000-630022 CONSULTANT STAFF 7,565.50
101-4001-0000-660040 SPCL EVENT SPNS 9,350.00
101-4004-0000-670020 UTIL/TELEPHONE 156.64
101-5097-0000-620062 AUTO/GASOLINE 15,904.68
101-5097-0000-630040 CONTRACTUAL SVC 705.00
101-5097-0000-650016 MAINT/PD BLDG 80.00
101-5097-0000-650041 MAINT/FIR/SCRTY 359.06
101-5097-0000-660030 SUPPLIES/SIGN MATERI… 256.84
101-5097-0000-670010 UTIL/COMMUNCTNS 453.92
201-4009-0000-630040 CONTRACTUAL SVC 879.84
225-4027-0000-630040 CONTRACTUAL SVC 1,742.50
226-4019-0000-650046 MAINT/STR LITES 271.26
226-4024-0000-630040 CONTRACTUAL SVC 60,362.19
226-4024-0000-650046 MAINT/STR LITES 5,018.69
231-3001-0000-630040 CONTRACTUAL SVC 2,421.90
241-2005-0000-630018 MISC OUTSD SVCS 2,500.00
301-5055-0000-800030 CONSTRUCTION 55,000.00
301-5137-0000-630034 ENGINEERING 5,701.85
401-1012-0000-660024 SUPPLIES/NON CAPITALI… 98.31
401-1012-0000-710841 CAPITAL ASSETS-SOFTW… 675.00
501-7010-0000-660013 SUPPLIES/RAW WATER 3,488.06
501-7010-0000-670010 UTIL/COMMUNCTNS 103.04
501-7010-0000-670015 UTIL/GAS-ELECTR 89.18
899-6001-0000-750924 ADMINISTRATIVE COSTS… 412.50
Grand Total: 214,768.32
Project Account Summary
Project Account Key Payment Amount
**None** 214,768.32
Grand Total: 214,768.32
2025-02-22
Item 9.2
City Council Meeting Agenda - Page 23 of 142 - Monday, March 03, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: 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 20, 2024, and December 18, 2024, and the TRANSPAC Committee meeting status letter and meeting minutes for September 12, 2024, and November 14, 2024. The TRANSPAC Committee did not meet in the month of October.
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 of the CCTA then submits the actions.
Analysis
An Executive Summary of the actions taken on November 20, 2024, and December 18, 2024, at the CCTA Board meetings is included along with the meeting minutes. The actions taken at the TRANSPAC Committee meeting on September 12, 2024, and November 14, 2024, are included in the attached status letter and meeting minutes.
There is no item of discussion directly related to the City of Pleasant Hill with this update.
Item 9.3
City Council Meeting Agenda - Page 24 of 142 - Monday, March 03, 2025
FISCAL IMPACT
None
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. 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 20, 2024 CCTA Executive Summary and Board Meeting Minutes for December 18, 2024 TRANSPAC Status Letter and Meeting Minutes for September 12, 2024 TRANSPAC Status Letter and Meeting Minutes for November 14, 2024 Prepared by: Claire Voorhies, Administrative Specialist Reviewed by: Ann James, Public Works Director
Approved by: Ethan Bindernagel, City Manager
Item 9.3
City Council Meeting Agenda - Page 25 of 142 - Monday, March 03, 2025 Item 9.3
City Council Meeting Agenda - Page 26 of 142 - Monday, March 03, 2025 1 TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: September 12, 2024
MEMBERS PRESENT: Sue Noack (Chair), Pleasant Hill; Carlyn Obringer (Vice Chair) Concord; Loella Haskew, Walnut Creek;
Peter Cloven, Clayton; Ken Carlson, Contra Costa
County
PLANNING COMMISSIONERS PRESENT:
STAFF PRESENT: Matt Todd, TRANSPAC; Tiffany Gephart, TRANSPAC MINUTES PREPARED BY: Tiffany Gephart
1. CONVENE REGULAR MEETING / PLEDGE OF ALLEGIANCE / SELF-INTRODUCTIONS Chair Noack 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 June 13, 2024, 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. Correspondence and Communication.
1. PRESTO Martinez Preview Celebration – September 12, 2024.
2. TRANSPAC Letter of Support for CCTA Safe Streets and Roads for All Applications.
g. TRANSPAC Quarterly Financial Report.
Accept the quarterly financial report for the period ended June 30, 2024. h. Transportation Fund for Clean Air (TFCA) Fund – Fiscal Year 2024/2025 Call for Projects.
Approve the TFCA project submittals and funding strategy which will allocate $294,000 in available subregional TFCA funding and $37,616 in available Measure J Line 21a funding for the Walnut Creek Bikeway Project and the
Item 9.3
City Council Meeting Agenda - Page 27 of 142 - Monday, March 03, 2025 2 511 Contra Costa “Active 4 Me” Program and community engagement initiatives proposed for the FY 2024-2025 TFCA cycle.
On a motion by Commissioner Cloven seconded by Commissioner Carlson to approve the consent agenda by unanimous vote of the members present (Cloven, Haskew, Noack, Carlson).
End Consent Agenda
4. AUDIT SERVICES FOR TRANSPAC.
Commissioner Obringer entered the meeting.
Matt Todd mentioned that the JPA requires an annual audit for its audit services in accordance with government codes and regulations. Previously, TRANSPAC had a five-year contract with Cropper Accountancy.
Mr. Todd explained that he collaborated with Erick Cheung, the Pleasant Hill Director of Finance, who also serves as the TRANSPAC treasurer, to identify potential auditing firms. They identified multiple firms and staff reached out to three of the firms with offices in central County: Cropper Rowe; Macias, Gini, and O'Connell (MGO); and Maze and Associates. Two firms declined to submit proposals, citing the small contract size, which was around $5,000 annually under our prior contract, as insufficient for their work scope. Cropper Rowe, the incumbent firm, submitted a proposal.
According to Mr. Todd, the previous audit fee was $4,250 per year, and the new proposal outlines a fee starting at $4,500, increasing by $250 annually. Unlike the previous contract, which maintained a flat rate for five years. The new proposal is for a three-year contract with two additional one-year options. Mr. Todd noted that Cropper Rowe has provided quality service and reliable audit documents over the past five years. Based on this, the recommendation was to award the new contract to Cropper Row.
In response, Commissioner Obringer raised a concern about best practices regarding the continued use of the same auditor, pointing out that Cropper Rowe has been in place since 2016- 2017. She acknowledged that only one firm had responded to the proposal request. Mr. Todd confirmed the concern, noting that while John Cropper has been the principal overseeing their audits, the firm will assign another partner, Bryce Rojas, to the role. This complies with state regulations that require a change in the principal overseeing the audit. However, the same staff member would likely continue preparing the audit with a different principal in charge On a motion by Commissioner Haskew seconded by Commissioner Obringer to award the TRANSPAC JPA financial reviews and audit (services) contract for FY 2023/2024 TO FY 2025/2026, with options for two additional years, to Cropper Rowe. The item was awarded by unanimous vote of the members present (Cloven, Haskew, Noack, Obringer, Carlson).
Item 9.3
City Council Meeting Agenda - Page 28 of 142 - Monday, March 03, 2025 3 5. TRANSPAC WORK PLAN AND BUDGET FOR FISCAL YEAR 2024/2025.
Mr. Todd explained that the topic was related to the Gray-Bowen-Scott managing director contract and the 2023-2024 expenses. TRANSPAC has a contract with Gray-Bowen-Scott to provide managing director and secretary clerk services, with a budget of $286,000 for the 2023/2024 year. However, due to more time spent on various tasks than initially anticipated, staff incurred costs of approximately $314,000, resulting in an overage of approximately $28,000.
Mr. Todd noted that the increased costs were due to additional time spent on tasks like in-person board meetings, which began in June 2023, after the approval process for the budget. Setting up for the Measure J Line 20a Grant Program also took more time, as it involved separate scoring committee meeting process (first time TRANSPAC has done this) and additional preparations.
There was significant work on the program’s history and cleaning up unutilized encumbrances, which led to additional funds being available for programming.
Mr. Todd highlighted work done on the equity policy and timely use of funds policy to ensure we don’t get a repeat of unencumbered fund situations. The transition to new CCTA staff, replacing long-time staff member Peter, required additional coordination meetings to get everyone up to speed. Another notable task was the implementation of the TFCA program, which involved a new policy and programming process from CCTA, requiring multiple meetings and adjustments.
Mr. Todd also mentioned that a new staff member, Irina Nalitkina, had been brought on board to handle basic clerk duties, allowing Tiffany Gephart to focus on more complex tasks like the Measure J Line 20a and TFCA programs. Mr. Todd acknowledged that the transition was working well, as Ms. Nalitkina’s support allowed Tiffany Gephart to reduce hours while taking on bigger responsibilities. Mr. Todd further noted that Ms. Nalitkina’s work is charged at a lower billing rate. However, Mr. Todd noted that while staff accounted for training Irina, the handoff between himself and Tiffany Gephart was not fully accounted for. Mr. Todd proposed reducing the requested amendment from $28,000 to $23,000 to account for training costs.
Commissioner Noack appreciated Mr. Todd’s detailed explanation, noting that there had been concerns about having three staff members at the meetings, which seemed excessive. She was glad to hear that the situation had been addressed and that Tiffany Gephart was taking on more responsibilities. Commissioner Noack expressed hope that the additional work done this year, including cleaning up old programming and working with new staff, would alleviate some of the challenges in the next year.
Commissioner Carlson added that the proposal was generous, considering the transitional nature of the year and the changes that had occurred. He expressed optimism that lessons learned from the Line 20a process could be applied going forward, possibly leading to fewer meetings and more streamlined processes. Mr. Todd agreed, noting that they continually review processes, such as the number of scoring committee meetings, to optimize efficiency. He acknowledged that certain unique circumstances had increased the workload but emphasized that adjustments would be made in future years.
Item 9.3
City Council Meeting Agenda - Page 29 of 142 - Monday, March 03, 2025 4 Commissioner Haskew raised the point that with several new members joining next year, additional time might be required to bring them up to speed. Commissioner Noack agreed, suggesting that the potential for increased time should be factored into next year’s budget.
Commissioner Obringer questioned whether the trend of having fewer meetings would continue next year, given the current financial constraints and reduced workload.
Mr. Todd explained that the normal number of meetings were held from January to June.
However, since June, the July meeting has been canceled, and August was already scheduled to not have a meeting. Mr. Todd noted that the decision to cancel the July meeting was influenced by the fact that there was only one action item that didn’t need to be approved at that meeting.
Mr. Todd mentioned that he coordinated with CCTA to push the action item to the current meeting. He expressed his respect for the Board's time, acknowledging that if it had been a Zoom meeting, they likely would have proceeded with it due to the ease of remote participation.
Commissioner Noack added that there were also some calendar-related meeting changes. She pointed out that while there might have been one or two fewer meetings, they were still substantial.
On a motion by Commissioner Carlson seconded by Commissioner Obringer to approve a contract amendment to augment the budget of the GBS Managing Director and Clerk of the Board Contract by $28,243, bringing the contract total from $286,000 to $314,243 for the FY 2023/2024 period. The Board is also requested to authorize the use FY 2024/2025 contingency budget to fund the contract amendment cost. The item was approved by unanimous vote of the members present (Cloven, Haskew, Noack, Obringer, Carlson).
6. TRANSPAC CCTA Representative Report.
No comments from the CCTA.
7. METROPOLITAN TRANSPORTATION COMMISSION REPORT.
NO COMMENTS FROM THE BOARD.
8. CONCORD NAVAL WEAPONS STATION UPDATE.
Commissioner Obringer invited everyone to attend an open house on September 17 at 5:30 PM at Center Concord in Concord. The focus will be on parks and open space, particularly connections to the Thurgood Marshall Regional Park, home to the Port Chicago 50. This event is being led by Brookfield and will include a presentation.
Item 9.3
City Council Meeting Agenda - Page 30 of 142 - Monday, March 03, 2025 5 Additionally, Brookfield will provide an update and presentation to the Concord City Council on October 8th. The discussions with the Navy about acquiring land, a crucial step in this process, are ongoing. Unlike other decommissioning processes, the Navy intends to sell the land rather than transferring it freely. The first meeting has already taken place, and more negotiations are forthcoming.
9. TAC ORAL REPORTS BY JURISDICTION.
No comments from the TAC.
10. BOARD MEMBER COMMENTS.
No comments from the Board.
11. MANAGING DIRECTOR’S REPORT.
Matt Todd noted that they received information from Caltrans about an upcoming closure of Interstate 680, scheduled for two weekends from now. Additionally, Mr. Todd shared that TRANSPAC submitted a support letter for CCTA's county-wide application for active transportation improvements, which includes bike and pedestrian enhancements. One of the projects is in Martinez, and a copy of the support letter was included in the meeting packet.
12. ADJOURN / NEXT MEETING.
The meeting adjourned at 9:27 a.m. The next regular meeting will be held on October 10, 2024, 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.
Item 9.3
City Council Meeting Agenda - Page 31 of 142 - Monday, March 03, 2025 Item 9.3
City Council Meeting Agenda - Page 32 of 142 - Monday, March 03, 2025 1 TRANSPAC Committee Meeting Summary Minutes
MEETING DATE: November 14, 2024
MEMBERS PRESENT: Sue Noack (Chair), Pleasant Hill; Carlyn Obringer (Vice Chair) Concord; Loella Haskew, Walnut Creek;
Peter Cloven, Clayton; Ken Carlson, Contra Costa
County; Mark Ross, Martinez
PLANNING COMMISSIONERS PRESENT:
STAFF PRESENT: Josh Roden, Brookfield Properties; 'ƵLJũĞƌŬĞ͕ථŝƚLJ of Concord; Michael Stangl, East Bay Regional Park
District; Matt Todd, TRANSPAC; Tiffany Gephart,
TRANSPAC
MINUTES PREPARED BY: Tiffany Gephart
1. CONVENE REGULAR MEETING / PLEDGE OF ALLEGIANCE / SELF-INTRODUCTIONS Chair Noack 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:
x Minutes of the September 12, 2024, 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. Correspondence and Communication.
g. Transportation Fund for Clean Air (TFCA) Fund – Fiscal Year 2024/2025 Call for Projects (Amended). Approve the amended recommendation, which allocates $249,384 in available subregional TFCA funding, in addition to $37,616 in Measure J Line 21a funding, for the Walnut Creek Bikeway Project and the 511 Contra Costa "Active 4 Me" Program and community engagement initiatives for the FY 2024-2025 TFCA cycle.
Item 9.3
City Council Meeting Agenda - Page 33 of 142 - Monday, March 03, 2025 2 h. TRANSPAC TAC Appointments to CCTA Committees. Approve the appointment of Aaron Elias (Concord) as the alternate representative to the CBPAC for the term ending December 31, 2025, and as the alternate representative to the TCC for the term ending March 31, 2025. i. TRANSPAC Quarterly Financial Reports. Accept the quarterly financial report for the period ended September 30, 2024.
j. 2025 TRANSPAC Meeting Schedule. Approve the TRANSPAC Meeting Schedule for 2025.
On a motion by Commissioner Haskew seconded by Commissioner Carlson to approve the consent agenda by unanimous vote of the members present (Obringer, Cloven, Haskew, Noack, Carlson, Ross).
End Consent Agenda
4. Request For Appropriation of Measure J Funds for Iron Horse Trail Rehabilitation.
Tiffany Gephart provided an overview of the Measure J Line 13, program and introduced Michael Stangl from the East Bay Regional Parks District. A copy of the presentation is included with the meeting materials available at transpac.us.
Mr. Stangl provided details on completed projects funded by Measure J within the TRANSPAC region, which included improvements to the Contra Costa Canal Trail and the Iron Horse Trail, among others, between 2013 and 2019. He then outlined the proposed 2025 TRANSPAC project, which seeks up to $500,000 for the rehabilitation of two sections of the Iron Horse Trail, covering approximately 1.5 miles. These sections include areas between Concord Avenue and Diamond Boulevard, as well as between Walden and Ignacio Valley. Mr. Stangl noted that while initial estimates were around $800,000 for both sections, costs are expected to exceed $1 million, with Measure J funds serving as matching contributions.
Mr. Stangl emphasized the importance of rehabilitating these heavily used trails, which serve commuters and recreational users alike. He outlined the project details, including asphalt and concrete replacement, noise and dust mitigation measures, and coordination with local jurisdictions. The project is scheduled for the summer of 2025 to minimize disruption for school commuters. Mr. Stangl also described efforts to enhance communication with the public, such as using electronic message boards to notify trail users about upcoming work.
Commissioner Carlson highlighted the timing of the project in relation to the Schroeder Bridge over Treat Boulevard, which requires urgent repairs due to bearing pad failures. He noted that $1.2 million in funding had been secured for the bridge project, which aligns with the proposed trail rehabilitation schedule. He emphasized the importance of maintaining these vital connections within the regional transportation network.
Item 9.3
City Council Meeting Agenda - Page 34 of 142 - Monday, March 03, 2025 3 Mr. Stangl acknowledged Commissioner Carlson’s input and reiterated his commitment to coordination, emphasizing the value of collaborative planning with other agencies and projects.
He noted that while trail closures can initially prompt public criticism, the long-term benefits of rehabilitation ultimately garner appreciation. He stressed the importance of effective communication and planning to ensure the success of these initiatives.
Commissioner Carlson emphasized the urgency of addressing infrastructure needs, expressing concern about potential costs and consequences of delaying necessary repairs. He noted that prolonging action could lead to significantly higher expenses and even force closures or demolitions, scenarios that must be avoided.
Mr. Stangl concurred, sharing his experience managing paving for the district over the past five years. He highlighted the importance of proactive investment in maintenance and infrastructure, noting that previous studies recommended doubling the budget to meet the district’s needs. Mr.
Stangl underscored the rising costs of repairs and aging infrastructure, emphasizing the need to act swiftly and efficiently.
Commissioner Obringer expressed gratitude for the improvements made in North Concord, noting that the community had long felt underinvested in by both the park district and the city.
She acknowledged the positive impact of these efforts and expressed enthusiasm for the proposed repairs in her City Council district. She inquired about the bidding process for the project and whether any challenges were anticipated in meeting the proposed timeline and budget.
Mr. Stangl responded by describing the district’s job order contracting (JOC) system, which has enhanced the organization’s flexibility and efficiency. He explained that new bids would be issued within the next couple of months under a two-year span, ensuring the process could accommodate the upcoming trail work. However, he acknowledged the variability in contractor performance as a recurring challenge. Mr. Stangl highlighted the importance of managing contractors effectively.
On a motion by Commissioner Carlson seconded by Commissioner Obringer to approve the programming of $500,000 of Measure J Program 13 Pedestrian, Bicycle, and Trail Facilities funds to rehabilitate the specified sections of the Iron Horse Regional Trail by unanimous vote of the members present (Cloven, Haskew, Noack, Obringer, Carlson, Ross).
5. Concord Reuse Project Update.
Mr. Todd introduced Josh Roden from Brookfield Properties and Guy Bjerke from the City of Concord, to provide an overview of the conceptual land use plan and project phasing strategy for the Concord Reuse Project (formerly the Concord Naval Weapons Station). The goal of the presentation was to detail the progress made towards the specific plan for the redevelopment
Item 9.3
City Council Meeting Agenda - Page 35 of 142 - Monday, March 03, 2025 4 of the Concord Naval Weapons Station site. The presentation is included with the agenda packet and is available at transpac.us.
Commissioner Haskew inquired about the Navy’s cleanup responsibilities concerning the former Coast Guard property. Mr. Bjerke clarified that the Coast Guard property is not part of the Navy’s remediation obligations, as it was transferred previously. The current property owners are working on their own remediation assessments, which are expected to be minimal due to the site’s prior residential use.
Mr. Roden detailed planned infrastructure developments, including a new fire station to serve both the existing gap area and the redevelopment project. Additionally, a second fire station is proposed for the southern portion of the development. The project also includes improvements to Kenny Road, which runs beneath Highway 4, providing critical connectivity between the northern and southern areas of the development.
Coordination with East Bay Regional Parks was another focal point. Mr. Roden described plans for a staging area and improved access south of Bailey Road. The East Bay Regional Park District is also working to rehabilitate an existing building into a visitor center, which will feature educational components about the Port Chicago Memorial in collaboration with the National Park Service.
Mr. Roden provided an overview of the conceptual land use plan, emphasizing major infrastructure components and access considerations. The design focuses on connecting the area to the BART station and utilizing key roadways, such as Willow Pass Road and Port Chicago Highway, to establish links to Highway 4, downtown Concord, and Bailey Road. A main arterial road is planned to run centrally, providing connectivity from BART to Bailey Road. Additionally, a perimeter collector road will encircle the development, offering scenic access to the rehabilitated Mount Diablo Creek corridor. This rehabilitation effort aims to restore the creek’s native vegetation, manage flooding, and enhance riparian habitats.
Mr. Roden highlighted the proposed conceptual land use plan, which incorporates residential areas (various shades of yellow), mixed-use districts (shaded purple with higher densities), a Higher Education Campus district (light blue), and an innovation commercial district (salmon).
The plan also includes significant green spaces, such as the tournament sports park and citywide park near Mount Diablo Creek. Infrastructure improvements, such as a realigned Willow Pass Road and a new bridge crossing the creek, essential components of the first phase of development.
The open space plan showcases over 800 acres dedicated to parks and recreational areas.
Notable features include the Ridge Top Park, a linear park offering pedestrian-friendly connections between BART, Thurgood Marshall Park, and other key areas.
The project will be implemented in five major phases, guided by utility access and infrastructure constraints. Phase 1 will focus on creating horizontal mixed-use developments with commercial
Item 9.3
City Council Meeting Agenda - Page 36 of 142 - Monday, March 03, 2025 5 and residential components, including affordable housing near the BART station. This proximity will facilitate access to transit and improve funding opportunities for affordable housing.
Subsequent phases will introduce the Campus District and innovation areas, expanding residential and commercial opportunities as infrastructure becomes operational. Public-private partnerships have been pivotal to this process, with Brookfield Properties and local stakeholders emphasizing community engagement to shape the foundational aspects of the plan.
While awaiting approval of the term sheet with the Navy, the development team is conducting traffic studies and engaging with utility and infrastructure providers, including PG&E, Contra Costa Water District, and Central Sanitary District. This preparatory work ensures that foundational elements are addressed before the specific plan progresses further.
The plan includes 55 acres for school sites, with considerations for declining enrollment and existing schools on the west side of the project. Legal agreements guarantee provisions for a food bank, permanent supportive housing, and a veterans’ hall, while the development also incorporates financial contributions for sports parks, libraries, and other civic amenities.
Looking ahead, the project timeline anticipates full approval of the Environmental Report, Specific Plan, and Disposition and Development Agreement by 2027. A Memorandum of Understanding and purchase agreement with the Navy are expected to finalize in 2028, enabling the first phase of property transfers and initial improvements to begin.
Commissioner Obringer inquired about upcoming virtual meetings, noting a session scheduled for December 12, 2024. Mr. Roden elaborated on the community engagement approach, which includes quarterly workshops or open houses held in various formats to accommodate public input. The December session, conducted virtually, will feature updates and potentially breakout rooms for feedback. Earlier sessions had been in-person, organized as stations where attendees could interact on specific topics like parks and open spaces, which emerged as a community priority.
Mr. Roden discussed the ongoing transportation analysis. The study, which is still in progress, examines the impacts on existing roadways like Port Chicago Highway and Willow Pass Road, which will be rebuilt. Plans include extending Evora Road through the project area, connecting to Port Chicago Highway, and creating a link under Highway 4. The analysis considers potential mitigations, including auxiliary lanes on Highway 4, and highlights the need for state and federal funding to address broader infrastructure challenges.
Mr. Bjerke added that once the draft transportation mitigation concepts are ready, consultations with local jurisdictions will ensure alignment with community needs. The County Transportation Authority’s model is being utilized, with Brookfield Properties engaging transportation experts to guide the process.
Item 9.3
City Council Meeting Agenda - Page 37 of 142 - Monday, March 03, 2025 6 When asked about alternative transportation, Mr. Roden mentioned exploring autonomous shuttle systems paired with pedestrian and bike lanes. While in the conceptual phase, the initiative aims to leverage the project's scope for innovative solutions, potentially establishing the area as a testing ground for advanced transportation technologies.
Regarding sustainability, Mr. Roden detailed plans for a recycled water system, incorporating infrastructure early in the development process while aligning funding strategies to prioritize financial feasibility. The project is structured so that each phase—beginning with phase one— can operate independently, ensuring financial viability without dependency on later phases.
Energy considerations are a key focus, with discussions on creating a micro district independent of PG&E, integrating solar energy across residential buildings, and leveraging expertise from Brookfield Renewable and Brookfield Infrastructure. The goal is to future-proof the development for a transition to all-electric systems, aligning with California’s evolving energy standards. These plans reflect a commitment to balancing innovative infrastructure, sustainability, and financial practicality while actively engaging with the community and local stakeholders to address their priorities and concerns.
Commissioner Ross asked how many houses and people are anticipated to occupy the site. Mr.
Roden explained that there are approximately 12,272 homes in the community, of which around 8,000 are considered single-family residences. These include both attached townhomes and detached houses on smaller lots, reflecting a higher-density housing model compared to more conventional neighborhoods like those currently in Concord. Additionally, about 4,000 residences are comprised of garden-style apartments and podium-style buildings with five to six stories, bringing the area's total population to just over 30,000 residents. Josh also highlighted the presence of 6 million square feet of commercial and institutional space.
6. TRANSPAC CCTA Representative Report.
Planning Committee
Commissioner Haskew shared that the planning committee's latest session had been canceled.
However, she emphasized the value of a recent two-and-a-half-day CCTA retreat, during which members conducted in-depth discussions on future strategies and ways for the agency to adapt to emerging challenges to enhance its effectiveness.
Administration and Projects Committee
Following Commissioner Haskew’s update, Commissioner Noack noted that while the APC meeting did not produce any notably significant updates, she echoed Commissioner Haskew’s sentiments about the importance and productivity of the CCTA off-site retreat, highlighting its role in shaping the agency’s future direction.
Item 9.3
City Council Meeting Agenda - Page 38 of 142 - Monday, March 03, 2025 7 7. METROPOLITAN TRANSPORTATION COMMISSION REPORT.
No comments from the Board.
8. TAC ORAL REPORTS BY JURISDICTION.
No comments from the TAC.
9. BOARD MEMBER COMMENTS.
At the TRANSPAC meeting, Commissioners Carlson, Noack and Obringer expressed their gratitude and appreciation for outgoing Commissioners Mark Ross, Loella Haskew, and Peter Cloven and their contributions. Commissioners, Ross, Haskew and Cloven reflected on their time in public service and on TRANSPAC and expressed gratitude for the opportunity to serve.
10. MANAGING DIRECTOR’S REPORT.
No comments from the Managing Director.
11. ADJOURN / NEXT MEETING.
The meeting adjourned at 10:17 a.m. The next regular meeting will be held on February 13, 2024, at the City of Pleasant Hill Large Community Room – 100 Gregory Lane, Pleasant Hill.
Item 9.3
City Council Meeting Agenda - Page 39 of 142 - Monday, March 03, 2025
COMMISSIONERS
Newell Arnerich,
Chair
Lamar HernandezThorpe, Vice Chair
Ken Carlson
Paul Fadelli
Federal Glover
Loella Haskew
Chris Kelley
Aaron Meadows
Sue Noack
Scott Perkins
Renata Sos
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Diane Friedmann, TVTC
John Nemeth, WCCTAC
Shawn Knapp, LPMC
From: Timothy Haile, Executive Director
Date: December 5, 2024
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its November 20, 2024 meeting, the Authority discussed and approved the following agenda item recommendations, which may be of interests to the Regional Transportation Planning Committees:
A. The Authority Board authorized the Chair to approve Resolution 24-56-P, which authorizes the programming of $187,000 in remaining Cycle 4 formulaic Local Partnership Program funds to the Countywide Smart Signals Project (Project) and authorizes staff to deposit $119,000 in secured local contributions in the Authority’s Fund Exchange Reserve for future cost increases on the Project and other projects administered by the Authority, if needed.
B. The Authority Board authorized the Chair to execute Cooperative Agreement No. 24.SW.05 with the Town of Danville and approved Resolution 24‐59‐P appropriating $1,192,000 of Measure J funds for the construction phase of Item 9.3
City Council Meeting Agenda - Page 40 of 142 - Monday, March 03, 2025 RTPC Memorandum
December 5, 2024
the San Ramon Valley Boulevard Improvements Project (Project 24033).
C. The Authority Board authorized the Chair to execute Agreement No. 710 with Ernst and Young in the amount of $120,000, to complete Phase 2 of the economic analysis for GoMentum Station and allowed the Executive Director or designee to make any non-substantive changes to the language.
D. The Authority Board approved Resolution 24-34-G to allocate Measure J SubRegional West County Additional Transportation Services for Seniors and People with Disabilities (Program 20b) funds for Fiscal Year 2024-25, in the amount of $776,100.
E. The Authority Board authorized the Chair to execute Amendment No. 2 to Cooperative Agreement No. 18W.04 with Alameda County Transportation Commission, allowed additional time to complete the Development of the BiCounty Travel Model, and allowed the Executive Director or designee to make any non-substantive changes to the language. This amendment extended the agreement termination date from December 31, 2024 to December 31, 2025.
F. The Authority Board approved Resolution 24-57-A to create and establish the GoMentum Innovation Alliance including a Strategic Advisory Board and a Regional Workforce Council.
G. The Authority Board authorized the Executive Director or designee to execute Agreement No. 100.02 with Federal Highway Administration for implementation of the Innovate 680 – Northbound I‐680 Express Lane Completion Phase 1 (Project 8009.02) and Coordinated Adaptive Ramp Metering Segments 1 and 3A (Project 8009.06), including future amendments.
H. The Authority Board received an update on proposed principles for supporting a regional Transportation Revenue Measure framework.
Item 9.3
City Council Meeting Agenda - Page 41 of 142 - Monday, March 03, 2025 RTPC Memorandum
December 5, 2024
*To view the full meeting packet with additional agenda item information, please visit our meetings webpage here. Attachments to the Authority Board packet can be found in the Administration and Projects Committee and Planning Committee packets as referenced in the staff report.
Item 9.3
City Council Meeting Agenda - Page 42 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
MEETINGDATE: Wednesday, November 20, 2024
MINUTESPREPAREDBY: Tarienne Grover
MEMBERSPRESENT: STAFFPRESENT: MEMBERS ABSENT:
Newell Arnerich, Chair
Lamar Hernandez-Thorpe, Vice Chair
Paul Fadelli, Commissioner
Loella Haskew, Commissioner
Chris Kelley, Commissioner
Aaron Meadows, Commissioner
Sue Noack, Commissioner/MTC Rep.
Scott Perkins, Commissioner
Renata Sos, Commissioner
Mark Foley, Ex-Officio Rep.
Amy Worth, Ex-Officio Rep. Alt.
Colin Clarke
Andy Dilard
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Lindy Johnson
Brian Kelleher
Matt Kelly
Daniel Mermelstein
Hisham Noeimi
Emily Owen
Ivan Ramirez
Ying Smith
Yuliana Tjeng
Jay Zhang
Amara Morrison, Legal Counsel
Ken Carlson, Commissioner
Federal Glover, Commissioner/MTC Rep.
H.E. Christian Peeples, Ex-Officio Rep.
1. CONVENE MEETING: Newell Arnerich, Chair
DISCUSSION: Chair Arnerich convened the meeting at 5:30 PM. Commissioners Carlson and Glover were absent. Reps. Foley and Worth had not yet arrived for regular session.
2. CLOSED SESSION
DISCUSSION: Commissioners, Legal Counsel, and Timothy Haile, Executive Director, convened into Closed Session at 6:01 PM.
A. Public Employee Performance Evaluation Pursuant to Government Code § 54957 Title: Executive Director
Conference with Labor Negotiators Pursuant to Government Code § 54957.6 Agency Designated Representative: Newell Arnerich, Chair Unrepresented Employee: Executive Director
3. RECONVENE IN OPEN SESSION
Item 9.3
City Council Meeting Agenda - Page 43 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
A. Report on Action Taken in Closed Session
DISCUSSION: Commissioners and Legal Counsel returned to Open Session at 5:59 P.M. Chair Arnerich reconvened the meeting at 6:00 PM and reported that there was no reportable action from the Closed Session.
4. PLEDGE OF ALLEGIANCE
5. PUBLIC COMMENT: Members of the public are invited to address the Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.
DISCUSSION: Students from Murwood Elementary School in the City of Walnut Creek spoke regarding their field trip to GoMentum Station and Glydways.
6. PRESENTATIONS
CONSENT CALENDAR
ACTION: Commissioner Haskew moved to approve the Consent Calendar, seconded by Commissioner Sos. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Carlson, Commissioner Glover
Abstain-None
7. APPROVAL OF MINUTES
A. Authority Board Workshop Minutes of October 28, 2024 B. Authority Board Workshop Minutes of October 29, 2024 C. Authority Board Minutes of October 30, 2024
8. Administration & Projects Committee - Consent:
A. Accept Internal Accounting Report for the Twelve Months Ended June 30, 2024 Recommendation: Staff seeks acceptance of the Internal Accounting Report for the twelve months ended June 30, 2024.
B. Accept Quarterly Sales Tax Revenue Report for the Period Ended June 30, 2024 Item 9.3
City Council Meeting Agenda - Page 44 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
Recommendation: Staff seeks acceptance of the quarterly sales tax revenue report for the period ended June 30, 2024.
C. Accept Quarterly Cash and Investment Report for the Period Ended September 30, 2024
Recommendation: Staff seeks acceptance of the quarterly cash and investment report for the period ended September 30, 2024.
D. Accept Consultant Agreement Amendment
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Agreement No. 532 with Kimley-Horn and Associates, Inc. to provide continued engineering services and Feasibility Study support services and extend the agreement termination date to December 31, 2025, with no increase in budget.
E. Senate Bill 1 – Formulaic Local Partnership Program (LPP) Funds Programming for the Countywide Smart Signals Project (Project)
Recommendation: Staff seeks approval of Resolution 24-56-P, which will authorize the programming of $187,000 in remaining Cycle 4 formulaic LPP funds to the Project and will authorize staff to deposit $119,000 in secured local contributions in the Authority’s Fund Exchange Reserve for future cost increases on the Project and other projects administered by the Authority, if needed.
F. Coordinating Entity/Office of Accessibility and Equity – Authorization to Approve Amendment No. 1 to Task Order No. 2 (TO2) Under Letter Agreement No. 601 with Fennemore LLP dba Fennemore Wendel (Fennemore) for Legal Services Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to TO2 under Letter Agreement No. 601 with Fennemore in an amount not-toexceed $10,000, to provide legal services, extend the termination date from November 1, 2024 to December 31, 2025, and allow the Executive Director or designee to make any non-substantive changes to the language.
G. Innovate 680 – Automated Driving System (Project 8009.07) – Authorization to Execute Amendment No. 1 to Agreement No. 632 with Heex Technologies Corporation (Heex) to Provide Data Monitors and Records Anonymization Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 632 with Heex in the amount of $30,000, for a new total amount not-to-exceed $250,000, to provide data monitors and records anonymization, and allow the Executive Director or designee to make any nonsubstantive changes to the language.
Item 9.3
City Council Meeting Agenda - Page 45 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
H. Adopt Amendment No. 6 to the 2022 Measure J Strategic Plan Recommendation: Staff seeks approval of Resolution 24-58-P which will adopt Amendment No. 6 to the 2022 Measure J Strategic Plan.
I. Town of Danville – San Ramon Valley Boulevard Improvements (Project 24033) – Request for Approval of the 65% Design Peer Review
Recommendation: Staff seeks approval of the Technical Coordinating Committee's recommendation to approve the 65% design peer review.
J. Town of Danville – San Ramon Valley Boulevard Improvements (Project 24033) (Project) – Authorization to Sign Cooperative Agreement No. 24.SW.05 and Appropriation of Measure J Funds
Recommendation: Staff seeks authorization for the Chair to execute Cooperative Agreement No. 24.SW.05 with the Town of Danville and approval of Resolution 24- 59-P appropriating $1,192,000 of Measure J funds for the construction phase of the Project.
K. Accept Monthly Accounts Payable Invoice Report for September 2024 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for September 2024.
L. 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.
M. NEW ITEM: Approval to Adopt the Amended Conflict of Interest (COI) Code of the Contra Costa Transportation Authority
Recommendation: Staff seeks approval of Resolution 24-55-A, which will adopt the Authority's COI Code and direct that such COI Code be submitted to the Contra Costa County Board of Supervisors as the Authority’s code-reviewing body (Government Code Section (§) 82011) requesting approval of the COI Code as required under Government Code § 87306.5.
N. NEW ITEM: Connected Vehicle and Autonomous Vehicle Program – Authorization to Execute Agreement No. 710 with Ernst and Young (EY) to Complete an Economic Impact Analysis for GoMentum Station Expansion
Item 9.3
City Council Meeting Agenda - Page 46 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
Recommendation: Staff seeks authorization for the Chair to execute Agreement No. 710 with EY in the amount of $120,000, to complete Phase 2 of the economic analysis for GoMentum Station and allow the Executive Director or designee to make any non-substantive changes to the language.
9. Planning Committee - Consent:
A. Approval of Fiscal Year (FY) 2024-25 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 24-34-G, to allocate Measure J Program 20b funds for FY 2024-25, in the amount of $776,100.
B. Development of the Bi-County Travel Model (Project) – Authorization to Execute Amendment No. 2 to Cooperative Agreement No. 18W.04 with Alameda County Transportation Commission (Alameda CTC) for a Time Extension Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Cooperative Agreement No. 18W.04 with Alameda CTC, allow additional time to complete the Project, and allow the Executive Director or designee to make any non-substantive changes to the language. This amendment will extend the agreement termination date from December 31, 2024 to December 31, 2025.
C. Approval of a Proposed Action to a Funding Resolution Recommendation: Staff seeks approval of Resolution 17-47-G (Rev 3), which will extend the term of the resolution through December 31, 2026, with the City of Pinole.
REGULAR AGENDA ITEMS
10. Administration & Projects Committee - Regular:
A. Establish the GoMentum Innovation Alliance Including a Strategic Advisory Board and a Regional Workforce Council
Recommendation: Staff seek approval of Resolution 24-57-A to create and establish the GoMentum Innovation Alliance including a Strategic Advisory Board and a Regional Workforce Council.
ACTION: Commissioner Perkins moved to approve Resolution 24-57-A to create and establish the GoMentum Innovation Alliance including a Strategic Advisory Board and a Regional Workforce Council with a modification to provide updates to the Authority Board on budget, revenues, expenditures, and activities as the GoMentum Innovation Alliance progresses, seconded by Commissioner Sos. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Item 9.3
City Council Meeting Agenda - Page 47 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
Noes-None
Absent-Commissioner Carlson, Commissioner Glover
Abstain-None
DISCUSSION: Lindy Johnson, Director, External Affairs, provided a background and overview of the creation, purpose, and intent of creating the GoMentum Innovation Alliance, building partnerships with labor unions, and technology spaces including automation, connectivity, digitization, electrification, and systems. Ms. Johnson discussed the purpose, overview and traits of the Strategic Advisory Board and Regional Workforce Council, timeline, budget and staffing, career pathway and program development, goals to enhanced offerings for youth, workforce and skill development, and the gaps and needs assessment approach.
Commissioners provided comments. Staff responded to comments from commissioners. Commissioners agreed to amend the motion to include updates to the Authority Board on budget, revenues, expenditures, and activities as the GoMentum Innovation Alliance progresses.
B. NEW ITEM: Approval of Fifth Amendment to Employment Agreement with Timothy Haile, Executive Director
Recommendation: The Chair seeks Authority Board approval of the fifth amendment to the Authority’s employment agreement with Timothy Haile, Executive Director, which will adjust his compensation to $393,781 per year effective December 27, 2024, with the term of the amendment remaining through December 27, 2026.
ACTION: Commissioner Perkins moved to approve the fifth amendment to the Authority’s employment agreement with Timothy Haile, Executive Director, which will adjust his compensation to $393,781 per year effective December 27, 2024, with the term of the amendment remaining through December 27, 2026, seconded by Commissioner Meadows. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Carlson, Commissioner Glover
Abstain-None
DISCUSSION: Amara Morrison, Legal Counsel with Fennemore Wendel, provided a report in compliance with the Brown Act.
Commissioners and Representatives provided comments. Mr. Haile responded to comments from commissioners.
Item 9.3
City Council Meeting Agenda - Page 48 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
C. NEW ITEM: National Infrastructure Project Assistance (MEGA) Grant Program – Authorization to Execute Agreement No. 100.02 with Federal Highway Administration (FHWA) for Innovate 680 – Northbound (NB) Interstate 680 (I-680) Express Lane Completion (ELC) Phase 1 (Projects 8009.02) and Coordinated Adaptive Ramp Metering (CARM) Segments 1 and 3A (Project 8009.06) Recommendation: Staff seeks authorization for the Executive Director or designee to execute Agreement No. 100.02 with FHWA for implementation of the Innovate 680 – NB I-680 ELC Phase 1 and CARM Segments 1 and 3A projects, including future amendments.
ACTION: Commissioner Noack moved to authorize the Executive Director or designee to execute Agreement No. 100.02 with the Federal Highway Administration for implementation of the Innovate 680 – Northbound Interstate 680 Express Lane Completion Phase 1 and Coordinated Adaptive Ramp Metering Segments 1 and 3A projects, including future amendments, seconded by Commissioner Fadelli. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Carlson, Commissioner Glover
Abstain-None
DISCUSSION: Stephanie Hu, Director, Projects, discussed the award of the National Infrastructure Project Assistance program (Mega) funding for Innovate 680’s NB I680 ELC Phase 1 and CARM Segments 1 and 3A projects. She discussed the funding requirements, delivery approach, and schedule. Ms. Hu also provided an update on the two projects, as well as next steps including execution of the funding agreement with FHWA, beginning the at risk design for NB I-680 ELC Phase 1, coordination with California Department of Transportation on CARM, and execution of a Project Labor Agreement.
Mr. Haile thanked Ms. Hu and the team for their efforts on this grant application, award, and expediting the agreement with FHWA, and further discussed the Project Labor Agreement.
Commissioners provided comments. Staff responded to comments from commissioners.
Public Comment:
Bruce Ohlson, Contra Costa County resident
Item 9.3
City Council Meeting Agenda - Page 49 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
D. NEW ITEM: Regional Transportation Revenue Measure (TRM) Framework Recommendation: Staff seeks input on the proposed principles for supporting a regional TRM. This is an informational item only; no staff recommendation at this time.
DISCUSSION: Hisham Noeimi, Director, Programming, provided an overview of discussions held by the TRM Select Committee convened by the Metropolitan Transportation Commission, the Bay Area transit ridership recovery, fare losses and operator-reported revenue shortfalls, areas lacking consensus at the regional level, and the need for a new revenue measure to address the transit fiscal cliff.
Mr. Noeimi further discussed the TRM Select Committee’s feedback on the funding framework and policy, various funding framework scenarios presented to the TRM Select Committee, and the Authority’s proposed principles to support the TRM including implementation in a minimum of four counties, preservation of the Bay Area Rapid Transit, ensuring County flexible funds are spent at the County Transportation Agencies’ discretion to address other transit needs based on performance targets, support for a short-term Measure of 10 years or less, and an option for counties to impose parcel tax in lieu or addition to sales tax as a revenue mechanism, and requiring a variable tax rate to match the uneven transit needs across the region while ensuring each county receives 90% of its revenue contribution. Mr. Noeimi also discussed next steps and the timeline of the TRM enabling legislation.
Mr. Haile further elaborated on the proposed principles to support the TRM.
Rep. Noack provided an update on the TRM discussing the principles and lack of consensus and discussed transit transformation and the need for public support.
Commissioners and representatives provided comments. Staff and Reps. Foley and Noack responded to comments from commissioners.
11. Planning Committee - Regular: None
12. CORRESPONDENCE AND COMMUNICATIONS
13. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Report for the regular meeting on November 14, 2024 (Meeting handout if available)
B. East County (TRANSPLAN): Meeting Report for the regular meeting on November 14, 2024 (Meeting handout if available)
C. Southwest County (SWAT): Meeting Report for the regular meeting on November 4, 2024 (Meeting handout if available)
D. West County (WCCTAC): Meeting Reports for the regular meeting on October 25, 2024, and special meeting on November 1, 2024 (Meeting handout if available) Item 9.3
City Council Meeting Agenda - Page 50 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
14. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Arnerich reported out that he attended the Mobility Innovation Week 2024 Conference in Japan from November 11-14, 2024. He thanked outgoing Vice Chair Hernandez-Thorpe and Commissioners Fadelli, Glover, Haskew, Perkins, and Sos for their service on the Authority Board and invited them to the Holiday Party on December 19, 2024, and to the Authority Board meeting on February 19, 2025, to acknowledge and thank them for their service to the Authority Board.
B. Commissioners' and Ex-Officio Representatives’ Comments and Reports on Activities and Meetings
DISCUSSION: Commissioner Kelley reported that she attended the Focus on the Future conference in San Diego, CA from November 11-12, 2024 and the Zero Emissions Ferry Conference in San Francisco, CA on November 19, 2024.
Commissioner Haskew provided an update on the California Association of Councils of Governments Board meeting on November 14, 2024, discussing the structure, focus on gas tax, housing and Regional Housing Needs Assessment, alternative fuels, resources on their website, and new potential awards that the Authority could apply for.
Commissioner Perkins provided outgoing comments and thanked the Commissioners and staff.
Rep. Foley announced that the Bay Area Rapid Transit Board will be welcoming five new Board Members next month and extended an invitation to attend their second annual SweaterFest ‘24 on December 7, 2024, at the Rockridge Station.
C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, thanked the outgoing Authority Board members for their efforts and service to the Authority, announced that we will formally thank them at the Authority Board meeting on February 19, 2025, and extended an invitation to the Authority Board Holiday party on December 19, 2024. Mr. Haile discussed his ride on the Zero Emission Hydrofuel ferry, the potential small vessel electric ferry project between the cities of Martinez and Richmond. Mr. Haile further provided an update on the Free Ferry Friday and how it maximized service on Fridays in the City of Richmond to achieve the highest ridership, discussed the Mega Press Conference, and Girls Lead the Way event in which Commissioner Kelley participated as a speaker.
Item 9.3
City Council Meeting Agenda - Page 51 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
November 20, 2024
15. CALENDAR
A. November and December 2024, January and February 2025 B. Calendar of Upcoming Events
16. ADJOURNMENT to the next regular meeting proposed for December 18, 2024 at 6:00 PM.
DISCUSSION: The meeting was adjourned at 8:32 PM.
Item 9.3
City Council Meeting Agenda - Page 52 of 142 - Monday, March 03, 2025
COMMISSIONERS
Newell Arnerich,
Chair
Ken Carlson
Darlene Gee, Alt.
Federal Glover
Chris Kelley
Aaron Meadows
Sue Noack
Carlyn Obringer, Alt.
Karen Stepper, Alt.
Rita Xavier, Alt.
Timothy Haile,
Executive Director
2999 Oak Road
Suite 100
Walnut Creek
CA 94597
PHONE: 925.256.4700
FAX: 925.256.4701
www.ccta.net
MEMORANDUM
To: Matt Todd, TRANSPAC
Chris Weeks, SWAT
Robert Sarmiento, TRANSPLAN
Diane Friedmann, TVTC
John Nemeth, WCCTAC
Shawn Knapp, LPMC
From: Timothy Haile, Executive Director
Date: January 7, 2025
Re: Items of interest for circulation to the Regional Transportation Planning Committees (RTPCs)
At its December 18, 2024 meeting, the Authority discussed and approved the following agenda item recommendations, which may be of interests to the Regional Transportation Planning Committees:
A. The Authority Board approved Resolution 24-60-P, which concurred with the Regional Measure 3 allocation request in the amount of $150,000, for the Cutting Boulevard Transit Improvements Project (Project) in the City of Richmond. This allocation will fund preparation of Plans, Specifications, and Estimates for the Project.
B. The Authority Board approved Resolution 24-62-P, which authorized submittal of an allocation request to the Metropolitan Transportation Commission, in the amount of $440,000 in Regional Measure 3 funds, to complete the environmental phase of the Innovate 680 – Walnut Creek Bay Area Rapid Transit Station Shared Mobility Hub (Project 8009.04).
Item 9.3
City Council Meeting Agenda - Page 53 of 142 - Monday, March 03, 2025 RTPC Memorandum
January 7, 2025
C. The Authority Board approved Resolution 24-63-P, which authorized submittal of an allocation request to the Metropolitan Transportation Commission, in the amount of $500,000 in Regional Measure 3 funds, to complete the environmental phase of the Innovate 680 – Bollinger Canyon Road Shared Mobility Hub (Project 8009.04).
D. The Authority Board authorized the Chair to execute Amendment No. 3 to Agreement No. 560 with Advanced Mobility Group in the amount of $500,000, for a new total agreement value of $5,344,536, to provide additional project and systems management services, extend the agreement termination date to December 30, 2025, and allowed the Executive Director or designee to make any non‐substantive changes to the language.
E. The Authority Board authorized the Chair to execute Amendment No. 5 to Agreement No. 545 with COWI North America, Inc. in the amount of $60,000, for a new total agreement value of $2,986,082, to provide additional design and engineering services for the Bollinger Canyon Road – Iron Horse Trail Bicycle and Pedestrian Overcrossing (Project 120025), and allowed the Executive Director or designee to make any non-substantive changes to the language.
F. The Authority Board authorized the Chair to execute Amendment No. 2 to Agreement No. 622 with Central Contra Costa Transit Authority dba County Connection to extend the agreement termination date to September 30, 2025, with no increase in budget for the Innovate 680 – Bay Area Mobility‐ on‐Demand/Mobility‐as‐a-Service (Project 8009.05), and allowed the Executive Director or designee to make any non‐substantive changes to the language.
G. The Authority Board authorized the issuance of Request for Proposals No. 24- 10 for Construction Management (CM) services for the Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001b) (Project). The Project is in the final design phase and is ready for constructability and biddability reviews from the CM team.
H. The Authority Board authorized for the Chair to execute Amendment No. 6 to Agreement No. 503 and Task Order No. 1C with WMH Corporation in the amount of $3,100,000, for a new total agreement value of $30,005,044, to complete the environmental revalidation, finalize the design, and prepare separate bid packages for Phases 2A and 4 of the Interstate 680/State Route Item 9.3
City Council Meeting Agenda - Page 54 of 142 - Monday, March 03, 2025 RTPC Memorandum
January 7, 2025
4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001), extend the agreement termination date to June 30, 2026, and allowed the Executive Director or designee to make any non‐substantive changes to the language.
I. The Authority Board authorized the Executive Director or Designee to execute Cooperative Agreement No. 120.02 with the United States Department of Transportation in the amount of $1 million in Innovative Finance and Asset Concession Grant Program funds, including future amendments, to support the Countywide Mobility Hub Network Study (Project 31010).
J. The Authority Board authorized the issuance of Request for Proposals No. 24- 8 to develop a qualified Shared Autonomous Vehicles vendor list.
K. The Authority Board approved Resolution 24-65-P, which authorized utilizing $550,000 in Fund Exchange Reserve funds, and authorized the Chair to execute Amendment No. 1 to Agreement No. 547 with the Bay Area Rapid Transit in the amount of $550,000, for a new total agreement value of $3,710,377.78 for the Innovate 680 – Bay Area Mobility-on-Demand (Project 8009.05), and allowed the Executive Director or designee to make any non‐ substantive changes to the language.
L. The Authority Board approved Resolution 21‐40‐G (Rev 2), in support of the Authority’s commitment to its Countywide Vision Zero policy, and recommended to adopt the Contra Costa Countywide Comprehensive Transportation Safety Action Plan (CCTSAP), which incorporates comments from the jurisdictions and the Regional Transportation Planning Committees and ensures a Local Road Safety Plan for each jurisdiction. The CCTSAP will be integrated into the Contra Costa Countywide Transportation Safety Policy and Implementation Guide for Local Agencies, which was adopted by the Authority Board in September 2021, to provide jurisdictions with a consistent Safe Systems Approach to eliminate fatal and severe injuries. *To view the full meeting packet with additional agenda item information, please visit our meetings webpage here. Attachments to the Authority Board packet can be found in the Administration and Projects Committee and Planning Committee packets as referenced in the staff report.
Item 9.3
City Council Meeting Agenda - Page 55 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
MEETING DATE:
MINUTES PREPARED BY:
MEMBERS PRESENT:
Newell Arnerich, Chair
Ken Carlson, Commissioner
Darlene Gee, Commissioner Alt.
Federal Glover, Commissioner/MTC Rep.
Chris Kelley, Commissioner
Aaron Meadows, Commissioner
Sue Noack, Commissioner/MTC Rep.
Rita Xavier, Commissioner Alt.
Wednesday, December 18, 2024
Tarienne Grover
STAFFPRESENT:
DeAnna Blakeslee
Colin Clarke
Andy Dillard
Tarienne Grover
Timothy Haile
Jack Hall
John Hoang
Stephanie Hu
Lindy Johnson
Rashida Kamara
Brian Kelleher
Daniel Mermelstein
Hisham Noeimi
Ivan Ramirez
Ying Smith
Yuliana Tjeng
Jay Zhang
Amara Morrison, Legal Counsel
MEMBERS ABSENT:
Carlyn Obringer, Commissioner Alt.
Karen Stepper, Commissioner Alt.
Mark Foley, Ex-Officio Rep.
H.E. Christian Peeples, Ex-Officio Rep.
1. CONVENE MEETING: Newell Arnerich, Chair
DISCUSSION: Chair Arnerich convened the meeting at 6:03 PM. Commissioner Alts. Obringer and Stepper, and Reps. Foley and Peeples were absent.
2. PLEDGE OF ALLEGIANCE
3. PUBLIC COMMENT: Members of the public are invited to address the Authority regarding any item that is not listed on the agenda. Please refer to the Teleconferencing Special Notice for Public Comment guidelines.
DISCUSSION: There were no public comments on items not on the agenda.
4. PRESENTATIONS
CONSENT CALENDAR
Item 9.3
City Council Meeting Agenda - Page 56 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
ACTION: Commissioner Carlson moved to approve the consent calendar, seconded by Commissioner Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION:
Public Comment:
Bruce Ohlson, Bike East Bay, made comments on Consent Calendar Item 6N. Staff responded to the comments.
5. APPROVAL OF MINUTES
A. Authority Board Minutes of November 20, 2024
6. Administration & Projects Committee - Consent:
A. Listing of Contract Change Orders (CCOs) Greater than $25,000 for Contracts Less than $15 Million, and Greater than $50,000 for Contracts Greater than $15 Million Recommendation: This is an informational item only; no staff recommendation at this time.
B. Authorization to Execute Amendment No. 2 to Agreement No. 514 with Granicus LLC (Granicus) formerly Prime Government Solutions LLC to Support Audio Live Streaming, Real-Time Meeting Management, Minutes Automation, and an Automated Agenda Workflow (AAW) System
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 514 with Granicus in the amount of $38,318.82, for a new total agreement value of $98,415.07, to provide audio live streaming, real-time meeting management, minutes automation, and an AAW system, and allow the Executive Director or designee to make any non-substantive changes to the language. This amendment will extend the agreement termination date for three additional years from January 16, 2025 through January 15, 2028.
C. Regional Measure 3 (RM3) Allocation Request Concurrence – Approval of Resolution 24-60-P Concurring with the Allocation of RM3 Funds from the Richmond-San Rafael Bridge Access Improvements Category for the Cutting Boulevard Transit Improvements Project (Project)
Recommendation: Staff seeks approval of Resolution 24-60-P, which concurs with the RM3 allocation request in the amount of $150,000, for the Project in the City of Richmond. This allocation will fund preparation of Plans, Specifications, and Estimates for the Project.
Item 9.3
City Council Meeting Agenda - Page 57 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
D. Innovate 680 – Walnut Creek Bay Area Rapid Transit Station Shared Mobility Hub (Project 8009.04) (Project) – Approval to Submit a Regional Measure 3 (RM3) Allocation Request
Recommendation: Staff seeks approval of Resolution 24-62-P, which will authorize submittal of an allocation request to the Metropolitan Transportation Commission, in the amount of $440,000 in RM3 funds, to complete the environmental phase of the Project.
E. Innovate 680 – Bollinger Canyon Road Shared Mobility Hub (Project 8009.04) (Project) – Approval to Submit a Regional Measure 3 (RM3) Allocation Request Recommendation: Staff seeks approval of Resolution 24-63-P, which will authorize submittal of an allocation request to the Metropolitan Transportation Commission, in the amount of $500,000 in RM3 funds, to complete the environmental phase of the Project.
F. Innovate 680 – Automated Driving System (Project 8009.07) – Authorization to Execute Amendment No. 3 to Agreement No. 560 with Advanced Mobility Group (AMG) to Provide Systems Integration and Additional Project and Systems Management Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 3 to Agreement No. 560 with AMG in the amount of $500,000, for a new total agreement value of $5,344,536, to provide additional project and systems management services, extend the agreement termination date to December 30, 2025, and allow the Executive Director or designee to make any non-substantive changes to the language.
G. Approval of Proposed Actions to Various Funding Resolutions Recommendation: Staff seeks approval of Resolution 00-08-P (Rev 6), which will extend the term to December 31, 2026 with Contra Costa County, Resolution 17- 22-P (Rev 4), which will extend the term to December 31, 2025 with the City of Martinez, Resolution 07-21-P (Rev 8), which will extend the term to December 31, 2026 with Contra Costa County, Resolution 17-02-P (Rev 3), which will terminate the resolution with Contra Costa County, Resolution 22-05-P (Rev 2) which will terminate the resolution with the City of Walnut Creek, and Resolution 22-06-P (Rev 2) which will terminate the resolution with Contra Costa County.
H. Bollinger Canyon Road – Iron Horse Trail Bicycle and Pedestrian Overcrossing (Project 120025) – Authorization to Execute Amendment No. 5 to Agreement No. 545 with COWI North America, Inc. (COWI) for Additional Design and Engineering Services
Item 9.3
City Council Meeting Agenda - Page 58 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 5 to Agreement No. 545 with COWI in the amount of $60,000, for a new total agreement value of $2,986,082, to provide additional design and engineering services, and allow the Executive Director or designee to make any nonsubstantive changes to the language.
I. Accept Annual Single Audit for the Fiscal Year Ended June 30, 2024 Recommendation: Staff seeks approval of the Single Audit for the fiscal year ended June 30, 2024.
J. Innovate 680 – Bay Area Mobility-on-Demand/Mobility-as-a-Service (Project 8009.05) – Authorization to Execute Amendment No. 2 to Agreement No. 622 with the Central Contra Costa Transit Authority dba County Connection (CCCTA) to Provide Project Support Services
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 2 to Agreement No. 622 with CCCTA to extend the agreement termination date to September 30, 2025, with no increase in budget, and allow the Executive Director or designee to make any non-substantive changes to the language.
K. Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001b) (Project) – Authorization to Issue Request for Proposals (RFP) No. 24-10 for Pre-Construction (Phases 2A and 4) and Construction Management (CM) (Phases 2A Optional and 4) Services
Recommendation: Staff seeks authorization to issue RFP No. 24-10 for CM services for the Project. The Project is in the final design phase and is ready for constructability and biddability reviews from the CM team.
L. Accept Monthly Accounts Payable Invoice Report for October 2024 Recommendation: Staff seeks acceptance of the monthly accounts payable invoice report for October 2024.
M. 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.
N. Interstate 680/State Route 4 Interchange Improvements, Phases 1, 2A, and 4 (Project 6001) – Authorization to Execute Amendment No. 6 to Agreement No. 503 and Task Order No. 1C (TO1C) with WMH Corporation (WMH) for Environmental and Final Design Services
Item 9.3
City Council Meeting Agenda - Page 59 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 6 to Agreement No. 503 and TO1C with WMH in the amount of $3,100,000, for a new total agreement value of $30,005,044, to complete the environmental revalidation, finalize the design, and prepare separate bid packages for Phases 2A and 4, extend the agreement termination date to June 30, 2026, and allow the Executive Director or designee to make any non-substantive changes to the language.
O. NEW ITEM: Accept Consultant Agreement Amendments for Various Projects Recommendation: Staff seeks authorization for the Chair to execute Amendment No. 16 to Agreement No. 118 with URS Corporation America to extend the agreement termination date to December 31, 2026, with no increase in budget, Amendment No. 6 to Agreement No. 473 with NV5 Global, Inc. and Amendment No. 3 to Agreement No. 504 and Task Order No. 2 with Consor North America, Inc. to extend the agreement termination date to December 30, 2025, with no increase in budget.
P. NEW ITEM: Countywide Mobility Hub Network Study (Project 31010) – Authorization to Execute Cooperative Agreement No. 120.02 with the United States Department of Transportation (USDOT) to Receive Innovative Finance and Asset Concession Grant Program (IFACGP) Funds
Recommendation: Staff seeks authorization for the Executive Director or designee to execute Cooperative Agreement No. 120.02 with USDOT in the amount of $1 million in IFACGP funds, including future amendments, to support the Countywide Mobility Hub Network Study.
Q. NEW ITEM: Innovation Program – Authorization to Issue Request for Qualifications (RFQ) No. 24-8 to Develop a Qualified Shared Autonomous Vehicles (SAV) Vendor List
Recommendation: Staff seeks authorization to issue RFQ No. 24-8 to develop a qualified SAV vendor list.
7. Planning Committee - Consent: None
REGULAR AGENDA ITEMS
8. Administration & Projects Committee - Regular:
A. Accept Annual Audit Reports – Annual Comprehensive Financial Report and Auditor’s Report to the Authority Board for the Fiscal Year Ended June 30, 2024 Item 9.3
City Council Meeting Agenda - Page 60 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
Recommendation: Staff seeks acceptance of the annual audit report for the fiscal year ended June 30, 2024. Staff will provide an overview of the report, along with addressing any questions that may arise.
ACTION: Commissioner Noack moved to accept the annual audit report for the fiscal year ended June 30, 2024, seconded by Commissioner Glover. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION: Yuliana Tjeng, Finance Manager, provided a background and overview of the Annual Comprehensive Financial Report, discussed the analysis statement of net position for government activities including assets, liabilities, revenues, and expenses, financial summary, and statistical trends, and introduced David Alvey with Maze & Associates.
Mr. Alvey discussed the Memorandum of Internal Control and required communications, management representation letter, and stated that there is an unmodified, clean audit opinion with no deficiencies.
Commissioners provided comments. Staff responded to comments from commissioners.
B. Authorizing the Issuance of Approximately $65 Million Contra Costa Transportation Authority Sales Tax Revenue Bonds, Refunding Bonds Series 2025A for the Purpose of Refinancing the Series 2015A Bonds for Debt Service Savings, Authorizing the Execution and Delivery of Related Documents, and Authorizing the Taking of All Necessary Actions Thereto
Recommendation: Staff seeks approval of Resolution 24-64-A providing for the issuance of the Series 2025A Bonds in an amount not-to-exceed $65 million, to refinance the Series 2015A Bonds for debt service savings.
ACTION: Commissioner Noack moved to approve Resolution 24-64-A providing for the issuance of the Series 2025A Bonds in an amount not-to-exceed $65 million, to refinance the Series 2015A Bonds for debt service savings, seconded by Commissioner Meadows. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
Item 9.3
City Council Meeting Agenda - Page 61 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
DISCUSSION: Brian Kelleher, Chief Financial Officer, provided a background and overview of the Authority’s Bond Program, Debt Management Plan, and financing objectives for the 2025A Bonds, and introduced Melissa Shick with KNN Public Finance, LLC.
Ms. Shick discussed the tax-exempt interest rates with the intent to sell in January 2025, estimated results based on current market conditions, recommendation to conduct a competitive sale, and timeline.
Commissioners provided comments. Staff responded to comments from commissioners.
C. Innovate 680 – 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. 547 with the Bay Area Rapid Transit (BART) to Provide Project Management, Systems Engineering, Bay Area MOD Application Design, Development, Implementation, and Operations and Maintenance of the Application
Recommendation: Staff seeks approval of Resolution 24-65-P, which will authorize utilizing $550,000 in FER funds, and seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 547 with BART in the amount of $550,000, for a new total agreement value of $3,710,377.78, and allow the Executive Director or designee to make any non-substantive changes to the language.
ACTION: Commissioner Glover moved to approve Resolution 24-65-P, which will authorize utilizing $550,000 in Fund Exchange Reserve funds, and seeks authorization for the Chair to execute Amendment No. 1 to Agreement No. 547 with the Bay Area Rapid Transit in the amount of $550,000, for a new total agreement value of $3,710,377.78, and allow the Executive Director or designee to make any non-substantive changes to the language, seconded by Commissioner Kelley. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION: Ying Smith, Director, Mobility Programs, provided a background and overview of the project, and discussed the schedule, goals, key partners, project phases, services, application, rewards system, challenges, next steps, and FER commitments to date.
Commissioners provided comments. Staff responded to comments from commissioners.
9. Planning Committee - Regular:
Item 9.3
City Council Meeting Agenda - Page 62 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
A. Draft Final Contra Costa Countywide Comprehensive Transportation Safety Action Plan (CCTSAP) for Local Agencies
Recommendation: Staff seeks approval of Resolution 21-40-G (Rev 2), and review and comment, in support of the Authority’s commitment to its Countywide Vision Zero policy, and recommendation to adopt the CCTSAP, which incorporates comments from the jurisdictions and the Regional Transportation Planning Committees and ensures a Local Road Safety Plan for each jurisdiction. The CCTSAP would be integrated into the Contra Costa Countywide Transportation Safety Policy and Implementation Guide for Local Agencies, which was adopted by the Authority Board in September 2021, to provide jurisdictions with a consistent Safe Systems Approach to eliminate fatal and severe injuries.
ACTION: Commissioner Kelley moved to approve Resolution 21-40-G (Rev 2) in support of the Authority’s commitment to its Countywide Vision Zero policy, and recommendation to adopt the revised Countywide Vision Zero Policy and its Contra Costa Countywide Comprehensive Transportation Safety Action Plan (CCTSAP), which incorporates comments from the jurisdictions and the Regional Transportation Planning Committees and ensures a Local Road Safety Plan for each jurisdiction with an intent to integrate the CCTSAP into the Contra Costa Countywide Transportation Safety Policy and Implementation Guide for Local Agencies, which was adopted by the Authority Board in September 2021, to provide jurisdictions with a consistent Safe Systems Approach to eliminate fatal and severe injuries, seconded by Commissioner Carlson. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION: Colin Clarke, Senior Transportation Planner, provided an overview and background of the CCTSAP, discussed the milestones, key principles of Vision Zero, common patterns of collisions involving all modes, including vulnerable road users such as bicyclists and pedestrians that disproportionately experience fatal and severe injuries in Contra Costa County, the Safe System Approach to capital project development and scoping, community engagement, schedule, and next steps. He introduced consultant Matt Braughton with Kittelson & Associates, Inc.
Mr. Braughton discussed the multi-jurisdictional focus on reducing high-injury collision locations, countywide common collision types with fatal and severe injuries, local and common emphasis areas, and the economic impact of collisions per capita.
Commissioners provided comments. Staff responded to comments from commissioners.
B. Approval of City of Richmond’s (City) Paratransit Performance Improvement Plan (PIP) and Authority’s Richmond Paratransit Service Plan Requirements and Metrics (Requirements)
Item 9.3
City Council Meeting Agenda - Page 63 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
Recommendation: Staff seeks approval of the City’s draft PIP and the Authority’s Requirements. The Paratransit Coordinating Council and Authority will use these documents to detail the condition of continued Measure J Program 15 funding, as well as conditions for which to measure progress for determining the release of Measure J funds from previous years to the City.
ACTION: Commissioner Glover moved to approve the City of Richmond’s draft Paratransit Performance Improvement Plan and the Authority’s Requirements and Metrics with the intent to use these documents to detail the condition of continued Measure J Program 15 funding, as well as conditions for which to measure progress for determining the release of Measure J funds from previous years to the City of Richmond, seconded by Commissioner Alt. Xavier. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION: Rashida Kamara, Programs Manager, introduced the item and LaShonda White with the City of Richmond.
Ms. White provided a background and overview of the City’s Paratransit program and service area, discussed the 2024 audit of the City’s paratransit van program, post-audit actions including the development of a PIP and concurrence on certain requirements and metrics, and submittal of a revised Program 15 claim to seek Measure J funding for the City’s Paratransit program.
Ms. Kamara discussed the collaboration with City staff on the audit to review and improve their Paratransit program.
Commissioners provided comments. Staff responded to comments from commissioners.
C. Approval of City of Richmond’s (City) Fiscal Year (FY) 2024-25 Measure J Program 15 Claim
Recommendation: Staff seeks approval of the FY 2024-25 Measure J Program 15 claim from the City as recommended by the Paratransit Coordinating Council Claims Review Subcommittee and approval of Resolution 23-16-G (Rev 1) to subtract $32,000 of the City’s FY 2023-24 Measure J Program 15 funding allocation to pay for the audit of the City’s Paratransit financials and service delivery.
Item 9.3
City Council Meeting Agenda - Page 64 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
ACTION: Commissioner Kelley moved to approve the Fiscal Year (FY) 2024-25 Measure J Program 15 claim from the City of Richmond (City) as recommended by the Paratransit Coordinating Council Claims Review Subcommittee and approval of Resolution 23-16-G (Rev 1) to subtract $32,000 of the City’s FY 2023-24 Measure J Program 15 funding allocation to pay for the audit of the City’s Paratransit financials and service delivery, seconded by Commissioner Carlson. The motion was adopted by unanimous vote of the commissioners present, unless otherwise noted.
Noes-None
Absent-Commissioner Alt. Obringer, Commissioner Alt. Stepper Abstain-None
DISCUSSION: Rashida Kamara, Programs Manager, stated the recommendation to approve the City’s FY 2024-25 Measure J Program 15 Claim.
10. CORRESPONDENCE AND COMMUNICATIONS
11. ASSOCIATED COMMITTEE REPORTS
A. Central County (TRANSPAC): Meeting Reports for the regular meetings on September 12, 2024 and November 14, 2024, and Notice of Cancellation for December 12, 2024
B. East County (TRANSPLAN): Notice of Cancellation for the regular meeting on December 12, 2024
C. Southwest County (SWAT): Meeting Report for the regular meeting on December 2, 2024 (Meeting handout if available)
D. West County (WCCTAC): Meeting Report for the regular meeting on December 13, 2024 (Meeting handout if available)
12. AUTHORITY BOARD AND STAFF COMMENTS
A. Chair's Comments and Reports
DISCUSSION: Chair Arnerich shared an outgoing video for Commissioner Glover, thanked him for his service and leadership on the Authority Board, and presented an award for his 25 years of service.
Commissioner Glover provided outgoing comments.
Commissioners and staff provided outgoing comments and thanked Commissioner Glover for his service and leadership.
Item 9.3
City Council Meeting Agenda - Page 65 of 142 - Monday, March 03, 2025 Authority Board Meeting MINUTES
December 18, 2024
B. Commissioners' and Ex-Officio Representatives’ Comments and Reports on Activities and Meetings
C. Executive Staff Comments
DISCUSSION: Timothy Haile, Executive Director, shared an end-of-year video of the 2024 accomplishments, discussed the visit with the Federal Transit Administration Program Manager and staff from the Office of the Transportation Secretary to view the Automated Driving System demonstration projects, and provided an update on the National Infrastructure Project Assistance program (Mega) grant and associated Project Labor Agreement.
13. CALENDAR
A. December 2024, January, February, and March 2025
B. Calendar of Upcoming Events
14. ADJOURNMENT to the next regular meeting proposed for January 15, 2025 at 6:00 PM.
DISCUSSION: The meeting was adjourned at 8:26 PM.
Item 9.3
City Council Meeting Agenda - Page 66 of 142 - Monday, March 03, 2025 Item 9.3
City Council Meeting Agenda - Page 67 of 142 - Monday, March 03, 2025
CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: Adopt Resolution No. __-25 Denying the Appeal and Upholding the Planning Commission’s Decision to Approve a Portion of a Reasonable Accommodation Request for an Attached Carport Structure for a Person with Disabilities at 135 Byron Court, ENT-2023-0058.
SYNOPSIS
This is a public hearing to consider an appeal of the Planning Commission’s decision to approve a portion of a Reasonable Accommodation request to legalize a recently constructed, nonconforming carport structure (constructed without permits), with minor modifications, to provide covered parking for a disabled person residing at 135 Byron Court. The carport structure is attached to the northwest side of the house and currently encroaches 1 foot, 1 inch into the minimum 5-foot side setback on the north side yard and 3 feet, 4 inches into the minimum aggregate setback of 15 feet. The Planning Commission approved a portion of the Reasonable Accommodation request allowing a reduction in the 15-foot minimum aggregate side setback requirement but requiring compliance with the minimum 5-foot side setback requirement.
The property owners (Jim and Juliana Levesque) filed a timely appeal of the decision and are requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
DISCUSSION
Project Description
The applicant is seeking to legalize (with minor modifications) a recently constructed, unpermitted carport structure attached to the northwest side of the existing home to provide covered parking and a covered path of travel to the house for a disabled person that resides in the home. The carport structure is located approximately 78 feet back from Byron Court with access provided via a paved driveway along the side of the property. The applicant has stated that the covered parking and path of travel is required to accommodate a future ADA van parking space and an area for a wheelchair ramp from the van to the side door to the house.
The existing unpermitted carport structure contains four support posts, the northeastern post is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required.
Additionally, the opposite interior side setback (south) of the existing house is 7 feet, 9 inches.
Therefore, as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where 15 feet is required. The three other posts comply with the minimum and aggregate setback requirements. The applicant has stated that they will remove the northwestern portion of the existing Item 10.1
City Council Meeting Agenda - Page 68 of 142 - Monday, March 03, 2025 carport roof, so the structure complies with lot coverage requirements and reduces the area that the carport encroaches into the setback area (as shown on the proposed plans). The resulting carport structure would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. However, the applicant is requesting a Reasonable Accommodation to allow the four posts to remain as built, with the northwest post encroaching 1 foot, 1 inch into the minimum setback area, and 3 feet, 4 inches into the aggregate setback.
The carport features a pitched roof and open sides. The structure is 13 feet, 6 inches tall at the peak of the roof and is constructed with four 6-foot by 6-foot steel support posts with wood framing. The applicant intends to paint the structure with the same trim color as the existing home for compatibility.
Background
The existing single-family residence was built in 1947 and consists of 2,778 square feet of living area (including a converted garage). There is also a detached accessory structure at the rear of the property measuring approximately 290 square feet. There is currently no garage on the property since July 14, 2015, when the applicant received approval of a Reasonable Accommodation request to legalize an unpermitted conversion of a 360-square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home (the unpermitted conversion was completed by the previous owners). The approval also included the construction of a paved driveway and parking area along the northwestern side yard to provide parking. There was discussion at the time regarding the construction of a tandem, two-car carport structure at this location; however, it was not included in the final conditions of approval and was labeled on the approved plans as “possible carport tandem parking”.
No building permits were filed for a carport structure at this location.
The existing unpermitted carport structure was built in October/November 2023 and brought to the City’s attention by the City’s Building Division.
On June 11, 2024, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request to legalize a recently constructed, non-conforming carport structure (constructed without permits), with minor modifications. The carport was conditioned to be modified to ensure compliance with the minimum 5-foot side setback requirement.
On June 26, 2024, the property owners filed an appeal of the Planning Commission’s decision and are requesting that the carport structure be allowed to encroach into the minimum 5-foot side setback as currently built.
Various scheduling conflicts have occurred with both the applicant’s schedule and agenda availability between the filing of the appeal and the March hearing with the City Council, all of which have been mutually agreed to by the applicant and Staff.
GENERAL INFORAMTION
Project Location
The 13,400-square-foot parcel is located on the southwest end of Byron Court (cul-de-sac), is relatively flat, and is developed with a single-story single-family residence. The Assessor Parcel Number is 149-195-011.
Item 10.1
City Council Meeting Agenda - Page 69 of 142 - Monday, March 03, 2025 The adjacent property to the north is slightly elevated above the subject property; therefore, there is a small retaining wall located in front of the fence, along the driveway leading to the subject carport.
The property owner produced a survey of the northern side property line, which concluded that the northwestern side property line is located approximately 1.25 feet further away from the fence line, within the adjacent neighbor’s yard. This is important to note because setbacks for the carport structure are measured from the property line and not the existing fence. A copy of the survey can be found in the project plans (Attachment C).
General Plan and Zoning
The General Plan designations the site as Single Family Medium Density and the zoning designation is R-10, Single-Family Residential - 10,000-square-foot lots.
REQUIRED FINDINGS AND CRITERIA
In accordance with Section 18.112.010 of the Zoning Ordinance, the City provides individuals with disabilities Reasonable Accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person(s) may request a Reasonable Accommodation in the application of zoning requirements.
Chapter 18.112 of the Zoning Ordinance is based on requirements of the Federal and State fair housing laws and also implements the Housing Element of the City’s General Plan. It is distinct from the requirements for: (1) a variance set forth in Government Code Section 65906 and PHMC Chapter
18.110, Variances or, (2) a minor exception cited in PHMC Chapter 18.111, Minor Exceptions.
The City must make findings for the project regarding the Reasonable Accommodation. More discussion on the findings and the project’s consistency can be found in the Analysis section of this Staff Report below, and in the Planning Commission Resolution No. 11-24 (Attachment B).
ANALYSIS
The Planning Commission previously reviewed the Reasonable Accommodation request and the justification for the covered parking to accommodate a disabled resident of the home and ultimately approved a portion of the request allowing for a reduced aggregate side setback. The carport was conditioned to be modified to ensure compliance with the minimum 5-foot setback requirement. Staff’s analysis presented to the Planning Commission is included below, along with analysis of the findings required to support the Reasonable Accommodation request.
A. ADA Parking Requirements and Covered Parking
The Americans with Disabilities Act (ADA) provides regulations for van accessible spaces, which include a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated a need for a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. ADA regulations do not include requirements for covered parking; however, Item 10.1
City Council Meeting Agenda - Page 70 of 142 - Monday, March 03, 2025 the applicant has requested protection from the natural elements for the parking space and path of travel to the house.
As previously mentioned, the applicant is requesting to legalize a carport structure over the parking area with a dimension of 23 feet long and 22 feet wide (as measured to the outside of the support columns), for a total of 506 square feet of coverage. At 22 feet wide, the carport structure is two feet wider than what is necessary to accommodate weather protection for the parking space and ramp to the house. Given that the structure already encroaches 1 foot, 1 inch into the 5-foot minimum side setback, the Planning Commission concluded that the northeastern post could be relocated 1-foot, 1-inch farther away from the property line to comply with the 5-foot minimum setback, and that the roof eave overhang could be reduced so that the eave extends a maximum of two feet into the side yard (per PHMC Section
18.50.020 (Building projections into yards and courts) This would result in a carport structure width of 20 feet, 1-inch (as measured to the outside of the support columns), which would comply with the minimum 5-foot setback requirement, while still providing the necessary 20 feet of covered ADA van parking and ramp access to the house.
However, the Planning Commission acknowledged that the modified carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement of the property from the 15 feet required to the 12 feet, 9 inches proposed. Therefore, the Planning Commission approved the request given that a 20-foot-wide covered parking area is necessary to accommodate the ADA van parking and ramp access to the house. If the 15-foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which would not fully cover the parking space and ramp.
B. Site Circulation
The applicant has stated as part of their appeal that they cannot relocate the existing northeastern most post outside of the side setback area (closer to the house) because an ADA van would not be able to make a turn into the carport area due to the existing pinch point (approximately 9.8 feet wide) between the northeastern most point of the house and the adjacent retaining wall and fence along the northern most property line. Staff had analyzed the situation and noted to the Planning Commission that the post could be relocated to meet the setback requirement without interfering with the applicant’s ability to access the carport structure. While there is an existing pinch point between the house and the retaining wall, the side yard widens significantly past this point due to the angle of the property line and the house. Therefore, an ADA van would have ample room to turn into the carport without hitting the post if the post were located 5 feet away from the property line. Staff also noted to the Planning Commission that there is an opportunity to move the post farther west, away from the pinch point, to create even more room for maneuverability as the property continues to widen towards the rear.
C. Findings
In order to approve a Zoning Permit for Reasonable Accommodations, each of the following findings must be made for the project. Each finding is listed below followed by staff’s analysis:
Item 10.1
City Council Meeting Agenda - Page 71 of 142 - Monday, March 03, 2025
1. The housing will be used by a disabled person;
The applicant’s basis for a Reasonable Accommodation is to accommodate a disabled resident of the home, specifically to provide covered parking and a covered path of travel from the parking area to the side entrance of the house with protection from the natural elements. The resident is considered to be disabled in accordance with the definition of a Disabled Person contained in Pleasant Hill Municipal Code Section 18.112.020.
2. The requested accommodation is necessary to make specific housing available to a disabled person;
The applicant is requesting a Reasonable Accommodation to legalize an existing, unpermitted, and non-conforming carport structure to provide covered parking and a covered path of travel from the parking area to the side entrance of the house for a disabled resident of the home. The requested carport dimensions would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. The structure, as requested, requires a Reasonable Accommodation from two development standards:
1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
The Americans with Disabilities Act (ADA) includes minimum regulations for van accessible spaces, which includes a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated they will require a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. While ADA standards do not regulate covered parking, the applicant has stated that protection from the natural elements is necessary for the disabled individual.
The unpermitted carport structure is therefore two feet wider than the 20-foot minimum width necessary to accommodate the needs of the disabled resident at the home such that the non-conforming northeastern most post can be relocated 1-foot, 1- inch farther away from the property line (towards the house) to comply with the 5- foot minimum setback. This would result in a carport structure depth of 20 feet, 1- inch (as measured to the outside of the support columns), which would satisfy the minimum 5-foot setback requirement while still providing the necessary covered ADA van parking and ramp access to the house. Therefore, the requested accommodation for a 22 feet wide carport structure is not necessary, nor reasonable, to provide the requested covered parking and path of travel for the disabled person residing in the home.
However, if the unpermitted carport structure were to be reduced to a width of 20 feet, 1 inch to satisfy the minimum side setback standard, it would still require a Reasonable Accommodation to reduce the aggregate side setback requirement of the property from 15 feet to 12 feet, 9 inches. This Reasonable Accommodation request is necessary given that a 20-foot-deep covered parking area is necessary to Item 10.1
City Council Meeting Agenda - Page 72 of 142 - Monday, March 03, 2025 accommodate the ADA van parking and ramp access to the house. If the 15-foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which is less than the 20-foot depth necessary to cover the parking space and ramp.
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
There would not be an undue financial or administrative burden on the City, as a result of approving the proposed Reasonable Accommodation. Inspections for the garage conversion and accessory structure, and any other necessary follow up activities, would occur as part of the routine building and zoning permit process.
4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.
The property previously received approval of a Reasonable Accommodation request to convert the garage into a physical therapy room for a disabled resident. No replacement covered parking was conditioned as part of that request; therefore, the property has no covered parking. The addition of a carport structure would bring the property closer to compliance with the City’s requirement for single family homes to have an enclosed, two-car garage.
As proposed, the carport would require a Reasonable Accommodation from the minimum 5-foot setback requirement, which would represent a fundamental alteration in the development regulations for single-family homes. However, the proposed width of the carport structure can be reduced to 20 feet, 1 inch, which would comply with the minimum side setback standards of the zone, while still providing the necessary covered parking to accommodate the disabled person’s needs. The revised carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches; however, this request would not require a fundamental alteration to any existing law or regulation since the minimum side setback requirements would be met.
The carport structure, as approved by the Planning Commission, complies with all other development standards, including the 35-foot height limit (13-foot 6-inches proposed) and the 30-percent maximum lot coverage requirement (29.9-percent proposed). Additionally, per PHMC Section 18.50.020 (Building projections into yards and courts), the eave of the carport may encroach up to two feet into the side setback so long as the outside of the post meets the setback requirement. Additionally, the modified carport structure would also comply with the minimum carport dimension standards outlined in PHMC Section 18.55.150.C, which require a minimum interior dimension of 9 feet wide by 19 feet deep for single carport car parking, with a covered roof over the entire parking area.
Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line.
Item 10.1
City Council Meeting Agenda - Page 73 of 142 - Monday, March 03, 2025 Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
D. Other Requirements
Section 18.112.060 of the Zoning Ordinance contains other requirements applicable to the proposal if approval is granted for the Reasonable Accommodation request. The review authority may condition its approval, as set forth in PHMC Section 18.112.060.B.3 of the Zoning Ordinance on any or all of the following:
a. Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;
b. Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;
c. Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;
d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
e. Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone districts; and
f. Other conditions necessary to protect the public health, safety and welfare.
E. Public Comments
The City received a letter of support for the project from the adjacent neighbor at 140 Byron Court (Attachment I).
F. Reasonable Accommodation Guidelines
When reviewing any Reasonable Accommodation request, the reviewing body is required to ensure that the project also addresses the Reasonable Accommodation Implementation Guidelines. A summary of the project’s consistency with the Guidelines is provided in Attachment F.
G. Conclusion
The existing, unpermitted, nonconforming carport structure associated with the Reasonable Accommodation request is necessary to provide a covered parking area and path of travel to the house to accommodate the needs of a disabled resident of the home. The requested carport structure is attached to the northwest side of the house and is 23 feet long and 22 feet wide, for a total of 506 square feet. As proposed, the structure requires a Reasonable Accommodation from two development standards: 1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
Item 10.1
City Council Meeting Agenda - Page 74 of 142 - Monday, March 03, 2025 The Americans with Disabilities Act (ADA) includes minimum dimensions for van accessible spaces: a 12-foot-wide parking space with a 5-foot-wide loading/unloading area, totaling 17 feet. The applicant has stated they need a 3-foot-long ramp from the house to the paved parking area; therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. The existing carport structure’s width of 22 feet is, therefore, 2 feet wider than what is necessary to accommodate the needs of the disabled resident at the home.
The Planning Commission concluded that the non-conforming northeastern most post could be relocated 1-foot, 1-inch away from the property line to comply with the 5-foot minimum setback and, therefore, could not support this portion of the request. The Planning Commission was able to make the required findings to support the Reasonable Accommodation request to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches, because this request would not require a fundamental alteration to any existing law or regulation since the project, as conditioned, would satisfy the 5-foot minimum side setback requirement.
CEQA
Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, the proposed project is determined to be categorically exempt (Class 1 – Existing Facilities, and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an existing single-family home and the construction of an attached carport structure which will not have a significant impact on the environment.
FICAL IMPACT
None.
PUBLIC CONTACT
Public Contact was made through posting of the City Council agenda on the City’s official notice bulletin board, at the Pleasant Hill Senior Center, and at the Pleasant Hill Police Department. The agenda and staff report are posted on the City’s web page.
RECOMMENDED CITY COUNCIL ACTION
Adopt the Resolution to deny the appeal and uphold the Planning Commission’s decision, without prejudice.
ALTERNATIVES TO RECOMMENDED ACTION
• Continue the item to a later date with direction provided to Staff. • Approve the appeal, overturn the decision of the Planning Commission approving the Reasonable Accommodation as requested by the Applicant, and direct staff to bring a Resolution consistent with this direction at the subsequent City Council meeting date.
Item 10.1
City Council Meeting Agenda - Page 75 of 142 - Monday, March 03, 2025
ATTACHMENTS
Attachment A Proposed Resolution
Attachment B Planning Commission Resolution No. 11-24
Attachment C Applicant Appeal
Attachment D Proposed Project Plans
Attachment E Applicant’s Reasonable Accommodation Analysis Attachment F Reasonable Accommodation Guidelines
Attachment G Site Photos
Attachment H Public Hearing Notice
Attachment I Public Comments
Prepared by: Haley Croffoot, Senior Planner
Reviewed by: Troy Fujimoto, City Planner
Approved by: Ethan Bindernagel, City Manager
Item 10.1
City Council Meeting Agenda - Page 76 of 142 - Monday, March 03, 2025 RESOLUTION NO. ____ -25
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL DENYING
THE APPEAL AND UPHOLDING THE DECISION OF THE PLANNING COMMISSIONS
APPROVAL OF A PORTION OF A REASONABLE ACCOMMODATION REQUEST FOR
A REDUCTION IN THE MINIMUM AGGREGATE SIDE SETBACK REQUIREMENT TO
ACCOMMODATE AN ATTACHED CARPORT STRUCTURE FOR A PERSON WITH DISABLITIES AT 135 BYRON COURT
WHEREAS, the applicant, Jim and Julie Levesque (property owners), submitted a Reasonable Accommodation Request (ENT-2023-0058) to legalize a recently constructed, nonconforming, attached carport structure (constructed without permits), with minor modifications, to serve as covered parking for a disabled person that resides at 135 Byron Court in an R-10 Single Family Residential – 10,000 square-foot lot zoning district; and WHEREAS, in accordance with PHMC Section 18.112.050.A.1 of the Zoning Ordinance the Zoning Administrator referred the Reasonable Accommodation request to the Planning Commission; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the Planning Commission on June 11, 2024, regarding the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and
WHEREAS, the Planning Commission evaluated the proposed Reasonable Accommodation request for compliance with the General Plan, Municipal Code, and Planning and Land Use Ordinances; and
WHEREAS, at the June 11, 2024 public hearing, the Planning Commission adopted Resolution No. 11-24 approving a portion of the Reasonable Accommodation request allowing a 12-foot, 9-inch aggregate side setback where a minimum of 15 feet is required. The carport was conditioned to be modified to comply with the minimum 5-foot side setback requirement; and WHEREAS, on June 26, 2024, the applicant/appellant, Jim and Juliana Levesque (property owner) filed a timely appeal; and
WHEREAS, after notice thereof having been duly, regularly and lawfully given, a public hearing was held by the City Council on March 3, 2025, regarding an appeal of the Planning Commission’s decision on the proposed Reasonable Accommodation, at which time all interested parties were invited to provide comments on the proposal; and WHEREAS, in accordance with Sections 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act of 1970, as amended, the proposed project is determined to be categorically exempt (Class 1 – Existing Facilities, and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an Item 10.1
City Council Meeting Agenda - Page 77 of 142 - Monday, March 03, 2025 existing single-family home and the construction of an attached carport structure, which will not have a significant impact on the environment; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pleasant Hill, in accordance with Chapter 18.112 of the Pleasant Hill Municipal Code, hereby denies the appeal and upholds the Planning Commission’s decision to approve a portion of the Reasonable Accommodation request without prejudice, based upon the following findings, with the approval of a portion of the Reasonable Accommodation subject to Exhibit A:
Reasonable Accommodation Findings
1. The housing will be used by a disabled person;
The applicant’s basis for a Reasonable Accommodation is to accommodate a disabled resident of the home, specifically to provide covered parking and a covered path of travel from the parking area to the side entrance into the house with protection from the natural elements. The resident is considered to be disabled in accordance with the definition of a Disabled Person contained in Pleasant Hill Municipal Code Section 18.112.020.
2. The requested accommodation is necessary to make specific housing available to a disabled person;
The applicant is requesting a Reasonable Accommodation to legalize an existing, unpermitted and non-conforming carport structure to provide covered parking and a covered path of travel from the parking area to the side entrance of the house for a disabled resident of the home.
The requested carport dimensions would be 23 feet long and 22 feet wide, for a total of 506 square feet of coverage. The structure, as requested, requires a Reasonable Accommodation from two development standards: 1) The northeastern most portion of the carport, including the support column, is located 3 feet, 11 inches from the interior side property line, where a minimum 5-foot setback is required; and 2) as proposed, the property would have an aggregate side setback of 11 feet, 8 inches where a minimum 15-foot aggregate setback is required.
The Americans with Disabilities Act (ADA) includes minimum regulations for van accessible spaces, which includes a 12-foot wide parking space with a 5-foot wide loading/unloading area, totaling 17 feet. The applicant has stated they will require a 3-foot long ramp from the house to the paved parking area, therefore, the total necessary width for the ADA van parking area and ramp is 20 feet. While ADA standards do not regulate covered parking, the applicant has stated that protection from the natural elements is necessary for the disabled individual.
The unpermitted carport structure is therefore two feet wider than the 20-foot minimum width necessary to accommodate the needs of the disabled resident at the home and the nonconforming northeastern most post can be relocated 1-foot, 1-inch further away from the property line (towards the house) to comply with the 5-foot minimum setback. This would result in a carport structure dept of 20 feet, 1-inch (as measured to the outside of the support columns) which would comply with the minimum five-foot setback requirement while still providing the necessary covered ADA van parking and ramp access to the house. Therefore the requested accommodation for a 22 feet wide carport structure is not necessary, nor Item 10.1
City Council Meeting Agenda - Page 78 of 142 - Monday, March 03, 2025 reasonable, to provide the requested covered parking and path of travel for the disabled person residing in the home.
However, if the unpermitted carport structure were to be reduced to a width of 20 feet, 1 inch to comply with the minimum side setback standard, it would still require a Reasonable Accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches. This Reasonable Accommodation request is necessary given that a 20-foot deep covered parking area is necessary to accommodate the ADA van parking and ramp access to the house. If the 15 foot aggregate setback were to be enforced, the carport structure would be reduced to 18 feet, 3 inches in width, which is not adequate to cover the parking space and ramp.
3. The requested accommodation would not impose an undue financial or administrative burden on the city; and
There would not be an undue financial or administrative burden on the City as a result of approving the proposed Reasonable Accommodation. Inspections for the garage conversion and accessory structure, and any other necessary follow up activities, would occur as part of the routine building and zoning permit process.
4. The requested accommodation would not require a fundamental alteration in the nature of a city program or law, including land use and zoning.
The property previously received approval of a Reasonable Accommodation request to convert the garage into a physical therapy room for a disabled resident. No replacement covered parking was conditioned as part of that request, therefore the property has no covered parking. The addition of a carport structure would bring the property closer to compliance with the City’s requirement for single family homes to have an enclosed, two-car garage.
As proposed, the carport would require a Reasonable Accommodation from the minimum five-foot setback requirement, which would represent a fundamental alteration in the development regulations for single-family homes. However, the proposed width of the carport structure can be reduced to 20 feet, 1 inch, which would comply with the minimum side setback standards of the zone while still providing the necessary covered parking to accommodate the disabled person’s needs. The revised carport structure would still require a Reasonable Accommodation to reduce the aggregate setback requirement from 15 feet to 12 feet, 9 inches, however this request would not require a fundamental alteration to any existing law or regulation since the minimum side setback requirements would still be in compliance.
The carport structure, as approved by the Planning Commission, complies with all other development standards including the 35-foot height limit (13-foot 6-inches proposed) and 30- percent maximum lot coverage requirement (29.9-percent proposed). Additionally, per PHMC Section 18.50.020 (Building projections into yards and courts), the eave of the carport may encroach up to two feet into the side setback so long as the outside of the post meets the setback requirement. Additionally, the modified carport structure would also comply with the minimum carport dimension standards outlined in PHMC Section 18.55.150.C, which require a minimum interior dimension of 9 feet wide by 19 feet deep for single carport car parking, with a covered roof over the entire parking area.
Item 10.1
City Council Meeting Agenda - Page 79 of 142 - Monday, March 03, 2025 Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line. Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
ADOPTED by the City Council, City of Pleasant Hill, on the 3rd day of March, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
___________________________________
SUE NOACK, Mayor
ATTEST:
_________________________________
LYONE P. CONNER, City Clerk
Exhibit A
Item 10.1
City Council Meeting Agenda - Page 80 of 142 - Monday, March 03, 2025
CITY COUNCIL
CONDITIONS OF APPROVAL
LEVESQUE REASONABLE ACCOMMODATION
ENT-2023-0058
The following conditions of approval were approved by the Pleasant Hill City Council.
Conditions of Approval
1. Project Description: Approval is based on and shall be in accord with the plans contained in the project file, except as they may be modified by these conditions of approval. The approved plans shall be dated “PC Approved June 11, 2024”. The approved Reasonable Accommodation will legalize a recently constructed non-conforming carport structure (constructed without permits), with minor modifications as outline below, to provide covered parking for a disabled person that resides at 135 Byron Court. The carport structure shall be modified as follows:
a. The width of the carport shall be reduced to 20 feet, 1 inch and the northeastern post shall be relocated 1 foot, 1 inch away from the property line to comply with the minimum 5-foot side yard setback requirement b. The roof of the structure shall be modified so that the eave extends a maximum of two feet into the side yard
c. The structure shall be painted to match the single-family home d. The existing roof structure shall be modified/reduced in area, as shown on the approved plans, to ensure compliance with the maximum 30-percent lot coverage requirement for the property.
2. Compliance Deadline: The existing unpermitted carport structure shall be modified to comply with this approval by June 3, 2025. The Zoning Administrator has the discretion to approve an extension to the compliance deadline if a valid reason that prevents completion is provided.
3. Limits of Approval: A modification approved under Pleasant Hill Municipal Code Chapter
18.112 is considered a personal accommodation for the individual applicant and does not run with the land.
4. Compliance Inspections: The city reserves the right to inspect the property periodically to verify compliance with this approval and any conditions of approval.
5. Deed Restriction: The property owner shall record a Deed Restriction with the County Recorder’s Office requiring removal of the accommodating feature once the need for it no longer exists.
6. Building Permits: The applicant shall obtain all necessary building permits from the City Building Division. In addition, the project shall comply with all regulations contained in the 2022 California Building Code, or any other newly adopted Building Code in place at Item 10.1
City Council Meeting Agenda - Page 81 of 142 - Monday, March 03, 2025 the time of the building permit submittal. Lastly, all structures/additions previously constructed without a building permit (Contra Costa County or City of Pleasant Hill) shall be brought into compliance prior to issuance of a building permit for Reasonable Accommodation ENT-2023-0058
7. Exterior Modifications: All proposed exterior materials, color and finishes shall match existing single family home.
8. Changes to Plans: A request for a change in the Reasonable Accommodation or a condition of approval requires a new application for modification of the condition. If the Zoning Administrator determines that the modification is minor, the Zoning Administrator may approve that minor modification administratively, and that decision may be appealed to the Planning Commission. If the Zoning Administrator determines that the modification is major, then the modification shall be referred for consideration to the final decision-making body that approved the original Reasonable Accommodation.
9. Consistency of Plans: All construction plans, such as, but not limited to, the site plan, building elevations, landscaping and irrigation plans, grading plan, mechanical drawings, street improvement plans, and detailed drawings submitted to the Building Division for permits shall be coordinated for consistency by the applicant prior to issuance of any permits. Any change or modification to one particular plan shall require the corresponding revisions on all other applicable plans. The applicant shall be responsible for correcting any inconsistency that may occur through error or omission during plan preparation or construction.
10. Ordinance Compliance: Approval of this project shall not waive required compliance with all sections of the Pleasant Hill Municipal Code (zoning, subdivision, building codes, etc.), General Plan, and applicable policy plans.
11. Best Management Practices: The applicant shall implement construction best management practices, including the following, to reduce construction dust and noise:
a. Watering all exposed or disturbed soil surfaces, at least twice daily, as necessary to eliminate visible dust plumes. The frequency of watering should increase if wind speeds exceed 12 MPH;
b. Enclose, cover, water twice daily or apply (non-toxic) soil binders to exposed stockpiles of debris, soil, sand, or other materials;
c. Suspension of all earthmoving or other dust-producing activities or equipment during periods of high winds when watering cannot eliminate visible dust plumes; d. Apply water 3 times daily or apply (non-toxic) soil binders on all unpaved access roads parking areas and staging areas at construction sites; e. Sweep daily (with water sweepers) all paved access roads, parking areas and staging areas at construction sites;
f. Sweep streets daily with water sweeper if visible soil material is carried onto adjacent public streets;
g. Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for 10 days or more).
Item 10.1
City Council Meeting Agenda - Page 82 of 142 - Monday, March 03, 2025 h. Limit traffic speeds on unpaved areas to 5 mph.
i. Avoidance of unnecessary idling of construction equipment. j. Continuous cleanup of mud and dust carried onto street surfaces by construction vehicles (throughout excavation activities, haul trucks shall use tarpaulins or other effective covers)
k. Upon completion of construction, contractors shall take measures to reduce wind erosion by replanting and repaving as soon as possible after project construction l. Locate stationary construction equipment as far from adjacent occupied buildings as possible.
m. Select routes for movement of construction related vehicles and equipment so that noise sensitive areas, including residences, and outdoor recreation areas, are avoided as much as possible. Include these routes in materials submitted to the City of Pleasant Hill for approval prior to the issuance of building permits. n. The property owner shall designate a noise disturbance coordinator who will be responsible for responding to complaints about noise during construction. The telephone number of the noise disturbance coordinator shall be conspicuously posted at the construction site and shall be provided to the Zoning Administrator. o. Additional best management practices may be required by the Building Division and/or City Engineer. All additional best management practices shall be reviewed and approved by the Building Division and/or City Engineer, prior to implementation.
12. Wildlife Survey: As required to comply with applicable laws and regulations, if site disturbance commences between February 1 and August 31, a pre-construction survey shall be conducted by a qualified wildlife biologist. If nests of either migratory birds or birds of prey are detected on or adjacent to the site, the applicant shall consult with the CDFW to determine the size of a suitable buffer in which no new site disturbance is permitted until August 31, or the qualified biologist determines that the young are foraging independently. If more than 15 days elapse between the survey and site disturbance, the survey shall be repeated.
13. Construction Hours: Grading and construction operations (if applicable) shall be limited to the hours of 7:30 a.m. to 7:00 p.m. Monday through Friday. In addition, interior construction is allowed on Saturdays from 9:00 a.m. to 6:00 p.m., with construction activity is prohibited on all Sundays and City holidays.
14. Construction and Demolition Debris: Prior to building permit final, the applicant/developer shall comply with the requirements of the City of Pleasant Hill Construction and Demolition Debris Ordinance (Chapter 14.40). Prior to building permit final a waste management plan shall be submitted and approved by the Building Division.
15. Archaeological Evaluation: As required to comply with applicable laws and regulations, during all grading, trenching or excavation activities, a professional archaeologist shall be present to observe the work and should archeological materials be uncovered during grading, trenching or excavation activities, all work shall be stopped until a professional archaeologist has had an opportunity to evaluate the significance of the material and Item 10.1
City Council Meeting Agenda - Page 83 of 142 - Monday, March 03, 2025 develop appropriate measures. Recommendations made by the professional archeologist, as approved by the Planning Division, shall be implemented.
16. Compliance with Conditions: Prior to issuance of a building permit final (certificate of occupancy), the applicant shall submit to the Zoning Administrator an annotated list of outstanding conditions demonstrating proof of compliance with a cover letter specifying how the project has addressed and complied with each of these conditions.
17. Fees: The Applicant shall pay all applicable City fees as established by City Council resolution and City ordinances.
18. Time Limit: The Reasonable Accommodation will lapse one-year after the date of approval (March 3, 2026) unless one of the following has occurred:
a. A building permit has been issued, substantial money has been expended, and construction diligently pursued; or
b. A certificate of occupancy has been issued; or
c. The Reasonable Accommodation is renewed by the hearing body which originally approved it.
19. Outside Agencies: The owner/applicant shall comply with the applicable requirements of all other agencies having jurisdiction over this project. This shall include but not limited to the Contra County Fire Protection District, PG&E, Contra Costa County Health Services, Central Contra Costa County Sanitation District, Contra Costa County Flood Control District, and Contra Costa Water District.
20. Federal, State, and Local Laws: Owner/applicant shall comply with all federal, state, and local laws. The issuance of this Reasonable Accommodation shall not constitute a waiver of the requirements of any federal, state, or local law.
21. Indemnification & Hold Harmless: The applicant, its heirs, successors, and assigns shall, at its sole cost and expense, indemnify, defend with counsel selected by the City of Pleasant Hill, protect, release, and hold harmless the City and any agency or instrumentality thereof, including any of its commissions, boards, agents, officers, or employees (“indemnitees”) from any and all claims, actions, or proceedings arising out of or in any way related to the processing and/or approval of this Project, the purpose of which is to attack, set aside, void or annul the approval of this Project and any environmental determination that accompanies it. This indemnification shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted or incurred by any person or entity, including the applicant, third parties, and the indemnitees, arising out of or in connection with the approval of this Project, except to the extent attributable to the sole negligence or willful misconduct of indemnitees.
Item 10.1
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City Council Meeting Agenda - Page 96 of 142 - Monday, March 03, 2025 LOT 137 PLEASANT VIEW HOMES UNIT 2 33 M 3 LOT 136 PLEASANT VIEW HOMES UNIT 2 33 M 3 LOT 135 PLEASANT VIEW HOMES UNIT 2 33 M 3 135 BYRON CT.
APN 149-195-011
N62° 38' 10"E 123.50'
8.07' P/L TO HOUSE CORNER
9.79'
P/L TO HOUSE CORNER
P/L
P/L P/L N86° 42' 10"E 124.99' CARPORT
N3° 17' 50"W
80.00' N8° 36' 30"E 107.41' BYRON CT. 1.26 3.09 (E) FENCE (E) FENCE SCALE:1"=20' CUNHA SURVEYING INC. SURVEYOR'S NOTE: THIS PLAT CORRECTLY REPRESENTS A FIELD SURVEY MADE BY ME OR UNDER MY DIRECT SUPERVISION, ON MARCH 12, 2024, IN CONFORMANCE WITH THE REQUIREMENTS IN SECTIONS 8726(f) AND 8726(g) OF THE LAND SURVEYOR'S ACT. ______________________________________ SCOTT V. CUNHA, PLS BPELSG CERTIFICATE No. L 8525 DATE OF PLAT: MARCH 16, 2024 Item 10.1
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City Council Meeting Agenda - Page 103 of 142 - Monday, March 03, 2025 Levesque Reasonable Accommodation
135 Byron Court
Reasonable Accommodation Guidelines
The following guidelines are for consideration by the Planning Commission when reviewing reasonable accommodation requests. When a request for reasonable accommodation is considered that would result in an encroachment into setbacks (mainly front and side yard), exceedance of allowed building heights, or exceedance of allowed lot coverage or floor area ratio, the following factors should be considered:
1. Consider the feasibility of conversions of garages and/or basements to accommodate the need for additional floor space rather than expansion of the building footprint or building height.
Staff Analysis: The property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.
2. Consider the feasibility of reconfiguration of the existing floor plan to accommodate specific needs.
Staff Analysis: The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home. This cannot be accommodated within the existing floor plan. Additionally, the property owners previously received a reasonable accommodation request to convert the 360 square-foot attached garage into a physical rehabilitation space for a disabled person that resides in the home, therefore the existing floor plan does not contain a garage.
3. Consider the feasibility of an addition that would result in a lot coverage exceedance before considering an addition that would increase building height or result in a building height exceedance.
Staff Analysis: The unpermitted, approximately 506 square-foot, carport structure complies with the maximum 30-perfect lot coverage requirement (29.9-percent proposed), as well as the 35-foot height limit (13 feet, 6 inches proposed).
4. Consider alternative designs and methods of accommodation to minimize the potential effects on privacy and solar access for surrounding properties if a building height or setback exceedance is proposed.
Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still require a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced effects on privacy and solar access due to its proximity to surrounding properties.
Item 10.1
City Council Meeting Agenda - Page 104 of 142 - Monday, March 03, 2025 Levesque Reasonable Accommodation
135 Byron Court
ENT-2023-0058
5. Consider the feasibility of locating an accommodation involving a side yard setback encroachment on the side of the property that has the larger setback or where the adjacent property structure is setback furthest from the subject structure.
Staff Analysis: The unpermitted carport structure is located on the side yard containing the larger setback area, which also contains the existing driveway for access. However, the structure could be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The structure was built without City review and permitting, thus, no opportunity to review compliance was considered prior to construction.
6. Consider the feasibility of allowing an accommodation to encroach into a rear yard setback, before considering a side or front yard setback encroachment.
Staff Analysis: The unpermitted carport structure currently encroaches into the side yard setback.
The applicant is seeking covered parking and path of travel to the house for a disabled person that resides in the home, therefore, the carport must be located adjacent to the side entry to the home and requires vehicle access through the existing driveway. Additionally, the existing rear yard is fully landscaped and contains a pool.
7. Review proposed additions/expansions/structures to ensure that they have adequate exterior articulation and architectural interest and are in substantial conformance with the City's Design Guidelines.
Staff Analysis: The carport features a pitched roof and open sides. The structure is 13 feet, 6 inches tall at the peak of the roof and is constructed with four 6-foot by 6-foot steel support posts with wood framing. The applicant intends to paint the structure with the same trim color as the existing home for compatibility and compliance with the Design Guidelines.
8. Review expansions to ensure that privacy of adjacent properties is protected where feasible (such as window types, locations, placement of exterior elements, location of walkways, etc.).
Staff Analysis: The existing/proposed carport is not a building addition/expansion and does not contain solid walls. No changes to the existing driveway, doors, or windows are proposed.
Other general guidelines:
1. Consider decorative pavement or, decomposed granite, rather than standard paving materials for necessary walkways.
Staff Analysis: No changes to the existing driveway or pathways are proposed. The existing first 60 feet (approximately) of the driveway and pathway to the front door are constructed out of decorative pavers.
2. Consider using decorative building materials and high quality design for any reasonable accommodation that results in structure modifications.
Item 10.1
City Council Meeting Agenda - Page 105 of 142 - Monday, March 03, 2025 Levesque Reasonable Accommodation
135 Byron Court
ENT-2023-0058
Staff Analysis: The existing/proposed carport structure is built using high quality, durable materials including four 6-foot by 6-foot steel support posts and wood framing.
3. Consider neighborhood impacts if the request involves a parking accommodation (consider on-street parking impacts).
Staff Analysis: The existing/proposed carport structure will provide covered parking over an existing paved area already used for off-street parking. The project will have no impact on on-street parking.
4. Minimize impacts to the neighborhood to the greatest extent possible, while considering the individual needs of the accommodation request.
Staff Analysis: The unpermitted carport structure is currently located 3 feet, 11 inches from the interior side property line (where a minimum five foot setback is required). Staff is recommending the structure be relocated 1-foot, 1-inch further away from the property line to comply with the minimum five foot setback requirement. The modified carport structure would still requires a reasonable accommodation to reduce the aggregate setback requirement of the property from 15 feet to 12 feet, 9 inches, however, there would be reduced impacts to surrounding properties. Finally, the carport structure is located approximately 78 feet back from Byron Court and is not highly visible from the street due to the angle of the house and property line. Therefore, the structure will not have a negative aesthetic impact from the adjacent right-of-way.
5. Determine if the proposed accommodation can feasibly be removed when the occupant requesting the accommodation no longer resides on the property. If removal is feasible, the reasonable accommodation may be conditioned to be removed in the future and an appropriate method of ensuring the property owner's responsibility for removal can be included in conditions of approval and/or a deed restriction.
Staff Analysis: The existing/proposed carport structure can feasibly be removed since it has no structural bearing on the primary structure.
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CITY OF PLEASANT HILL
NOTICE
OF
PUBLIC HEARING
CITY COUNCIL
APPEAL OF THE PLANNING COMMISSION’S DECISION TO
APPROVE THE LEVESQUE REASONABLE ACCOMMODATION
135 BYRON COURT
ENT-2023-0058
NOTICE IS HEREBY GIVEN by the City of Pleasant Hill that the City Council will conduct a public hearing to consider an appeal, submitted by Jim and Juliana Levesque (property owners), of the Planning Commission’s decision to approve a Reasonable Accommodate request (ENT-2023-0058) to legalize a recently constructed carport structure (constructed without permits), with minor modifications, to serve as covered parking for a disabled person that resides at 135 Byron Court. The Planning Commission approved a reasonable accommodation allowing the carport structure to encroach into the required 15-foot aggregate side setback, but required the property owners to reduce the width of the nonpermitted carport structure to comply with the minimum 5-foot side setback requirement and reduce the roof area of the structure to comply with the maximum 30-percent lot coverage requirement. The applicant filed a timely appeal of the Planning Commission’s decision and is requesting the carport be allowed to encroach into the 5-foot side setback area as currently built. The 0.31-acre project site is zoned Single Family R10. Assessor Parcel No. 149-195-011 Pursuant to Section 15301 and 15303 of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA) the project is determined to be categorically exempt, (Class 1 – Existing Facilities and Class 3 –New construction or conversion of small structures) because the project consists of an alteration to an existing single-family home and the construction of an attached carport structure which will not have a significant impact on the environment.
A PUBLIC HEARING will be held by the CITY COUNCIL starting at 7:00 p.m. on MONDAY, MARCH 3, 2025, in the City Council Chambers, 100 Gregory Lane, Pleasant Hill. Interested persons will be heard at this time.
NOTICE IS ALSO GIVEN pursuant to Government Code Section 65009(b) that, if this matter is subsequently challenged in Court by you or others, you may be limited to raising only those issues you or someone else has raised at the Public Hearing described in this notice or in written correspondence delivered to the City of Pleasant Hill at, or prior to, the Public Hearing.
For information, contact Haley Croffoot, Senior Planner at (925) 671-5297 or e-mail at [email protected]
Troy Fujimoto
City Planner
Item 10.1
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CITY COUNCIL STAFF REPORT
Meeting Date: March 3, 2025
TO: THE HONORABLE MAYOR AND CITY COUNCILMEMBERS
TITLE: Discussion on Potential Commercial Cannabis Code Modifications
SYNOPSIS
City Staff is seeking direction from the City Council on whether to further explore preparation of amendments to the Zoning and Cannabis Codes to expand cannabis regulations to allow commercial cannabis retail storefront businesses, as requested by a potential retail cannabis business owner. Currently, the only cannabis businesses allowed to operate in Pleasant Hill are up to two, medicinal use, delivery-only cannabis businesses. Although up to two, delivery-only cannabis businesses are allowed, there are not now, nor have there ever been any cannabis businesses in Pleasant Hill. If directed by City Council, staff would need to prepare the necessary code amendments for review by the Planning Commission and City Council. At the September 24, 2024 Planning Commission meeting, the Commission recommended by a vote of 5-1 that the City Council, at this time, decline to pursue amendments to the current cannabis regulations.
DISCUSSION
The initial question before the Council is whether to modify the current cannabis regulations to allow storefront retailers selling either adult use (recreational) cannabis and/or medicinal use cannabis. If the Council wishes to allow storefront retailers selling either adult use (recreational) cannabis and/or medicinal use cannabis, the Council will need to determine in which zones storefronts would be allowed.
Background
In 2017, the State of California passed laws that legalized various types of cannabis activities including retail sales. Cities that declined to adopt local rules to regulate cannabis activities would default to State allowances. Thus, to allow adequate time to prepare appropriate cannabis provisions, the City imposed a moratorium on Commercial Cannabis operations.
In response to State laws, in 2019 the City Council adopted updated Zoning Code provisions for cannabis businesses. At that time, the City Council considered allowing adult use (recreational), storefront commercial cannabis retailers, in multiple locations. The City considered various commercial options as summarized on the following page:
Item 10.2
City Council Meeting Agenda - Page 116 of 142 - Monday, March 03, 2025 Adult Use Cannabis Retailers
(Could include Medical Use Sales)
Medical Use Only Cannabis
Retailers
Delivery Only Store Front Delivery Only Store Front
No store front, no
in-person walk up
sales allowed
In-person walkup sales allowed
No store front, no
in-person walk up
sales allowed
In-person walkup sales allowed
Could have a
delivery option
Could have a
delivery option
Through the process, the City Council ultimately decided to allow a maximum of two, medicinal use, delivery-only cannabis retailers with approval of a Conditional Use Permit (CUP). At the same time, the City also approved business specific provisions for Cannabis Businesses (Chapter
6.60, Attachment A), including a two-phase review of applicants that requires pre-screening and scoring of each application to determine a list of eligible applicants that could move forward through the CUP process.
Later in 2019, the City Council adopted Resolution No. 69-19 to establish an application time period, fee, and scoring criteria for the selection of eligible cannabis businesses (Resolution 69- 19, Attachment D). Once established, the City opened the application time period, though no applications were received.
In August 2024, a potential retail cannabis business owner wanted to propose a medicinal and adult use retail storefront in Pleasant Hill. When he was informed that the Pleasant Hill Municipal Code did not permit retail storefront cannabis businesses, he inquired as to how the Code could be changed.
One way Code changes may be enacted is through direction from the City Council. Since the Planning Commission makes recommendations to the Council on Zoning Code changes, staff first consulted with the Commission regarding whether the City’s Zoning Code and the Code regulating cannabis businesses should be revised. The Commission recommended on a vote of 5-1 that the Council, at this time, decline to revise the existing cannabis regulations.
A majority of the Commission believed that there have not been any changes to the overall environment since the City adopted its current code that would warrant revisions.
Commissioners noted that there are nearby retailers Pleasant Hill residents may access, and Commissioners were not aware of significant demand at those existing nearby commercial cannabis retailers that would warrant the City’s consideration of any changes at this time.
Item 10.2
City Council Meeting Agenda - Page 117 of 142 - Monday, March 03, 2025 Analysis
City staff is providing the following preliminary information and analysis for the City Council’s consideration.
Contra Costa County Jurisdictions
Staff completed a survey of Contra Costa County jurisdictions. At present, eight cities and the County (Antioch, Concord, El Cerrito, Martinez, Pittsburg, Pleasant Hill, Richmond, Walnut Creek and Contra Costa County) currently allow some type of cannabis sales, with the remaining 10 cities prohibiting any sales. All jurisdictions that allow sales (except for Concord) have mandatory distance provisions from both sensitive uses, such as schools, churches, parks, and other cannabis operations. In Pleasant Hill, for example, our Code requires 600 feet between medical cannabis operations and sensitive uses (schools, day care center, and youth centers).
None of the cities contacted noted specific planning and/or land use concerns, though there is more discussion of police concerns below. A table of staff’s preliminary survey can be found in Attachment E.
Regarding the proximity of existing cannabis establishments, there are at least four businesses within two miles of the Pleasant Hill city limits. The nearest (“STIIIZY”) is located in unincorporated Contra Costa County (Pacheco), less than a quarter mile from the City’s border.
CoCo Farms Dispensary in Concord is approximately one mile away; Coastal Dispensary, also in Concord, is approximately 1.25 miles away. Velvet Cannabis Weed Dispensary in Martinez is also about 1.25 miles from the City. There were two approved businesses in Walnut Creek, but one never opened and the other is now closed.
Potential Revenues
Staff has had very preliminary discussion with HdL Companies, since they provide assistance to local municipalities with cannabis issues and potential revenue estimates. HdL did note that revenue has been relatively flat in Contra Costa County over the last four years. The early adopters saw a revenue surplus, but HdL advised that as more cities allow cannabis retailers, the revenue trend will normalize to the city’s population. They also noted that the revenue is difficult to estimate since additional information would be required such as type of cannabis businesses that the City would approve and the revenue structure (i.e. gross revenue calculation or developer agreement).
Assuming a majority of the City Council would like to modify the cannabis regulations and provides direction to staff regarding the desired modifications, staff would need additional consulting assistance to be able to provide a reasonable revenue estimate in the future. Staff notes that our neighboring cities are generating approximately $1.2 million to $1.3 million in gross revenue, but they have a mixture of retail, manufacturing, distribution and testing labs. It is also important to note that because of regulations and the taxes imposed, the revenue continues to fall short of initial estimates.
Item 10.2
City Council Meeting Agenda - Page 118 of 142 - Monday, March 03, 2025 Safety Considerations
The police department has significant concerns about storefront cannabis retail establishments given the increased risk of violent crime they attract. Cannabis businesses often handle large amounts of cash and cannabis, making them prime targets for criminal activity, including robberies. The violent nature of these crimes has compelled cannabis storefronts to hire armed security guards to protect their assets and employees. A tragic example of this danger is the 2024 shooting death of Peter Popovich, who was targeted and killed by criminals believing he possessed significant quantities of cannabis. This incident highlights the threat posed by cannabis storefronts, which not only endanger the individuals directly involved, but also elevate the overall risk to the surrounding community.
FISCAL IMPACT
Revising the Zoning and Cannabis Codes will incur staff time and attorney time to draft and process the Code amendments.
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
In light of the preliminary information presented, staff recommends that the Council provide direction to staff, first, whether to pursue modifications to the Zoning Code and Cannabis Business Code to allow for retail storefront cannabis operations within the City. If pursuit of amendments is directed, staff requests the Council identify what factors to consider or study further when drafting amendments to the Municipal Code.
ALTERNATIVES TO RECOMMENDED ACTION
Continue the item to a later date with direction provided to Staff.
ATTACHMENT(S)
Attachment A PHMC Chapter 6.60 – Cannabis Businesses
Attachment B PHMC Section 18.25.170 Cannabis Retailers
Attachment C PHMC Section 18.50.140 Marijuana/Cannabis
Attachment D City Council Resolution No. 69-19 – Cannabis Retailer Business Permits Application Time Period, Fee and Scoring Criteria
Attachment E Summary Survey of Contra Costa Jurisdictions and allowances of Cannabis Sales Item 10.2
City Council Meeting Agenda - Page 119 of 142 - Monday, March 03, 2025 Prepared by: Troy Fujimoto, City Planner
Reviewed by: Janet Coleson, City Attorney
Approved by: Ethan Bindernagel, City Manager
Item 10.2
City Council Meeting Agenda - Page 120 of 142 - Monday, March 03, 2025 Chapter 6.60
CANNABIS BUSINESSES
Sections:
6.60.010 Purpose and intent.
6.60.020 Definitions.
6.60.030 Prohibited commercial cannabis activities.
6.60.040 Permit requirements.
6.60.050 Permit application.
6.60.060 Review and action on applications.
6.60.070 Minimum criteria for issuance of a permit.
6.60.080 Operating requirements.
6.60.090 Term of permit and renewal procedure.
6.60.100 Permit suspension and revocation.
6.60.110 Expiration.
6.60.120 Transfer of permits.
6.60.130 Appeals.
6.60.140 Service of city notices.
6.60.150 Enforcement.
6.60.010 Purpose and intent.
It is the purpose and intent of this chapter to regulate commercial cannabis activities located within the city of Pleasant Hill in order to promote the health, safety, and general welfare of residents and businesses within the city. Commercial cannabis activities shall comply with all provisions of the Pleasant Hill Municipal Code, state law, and all other applicable local codes and regulations, including all applicable land use and zoning regulations imposed on cannabis activities. (Ord. 932 § 2 (Exh. A), 2019)
6.60.020 Definitions.
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 1 of 13 Item 10.2
City Council Meeting Agenda - Page 121 of 142 - Monday, March 03, 2025 The definitions for commercial cannabis business uses and activities in this chapter shall be as defined in PHMC §§ 18.15.040 and 18.50.140. In addition, for purposes of this chapter, the following words and phrases whenever used in this chapter shall have the meanings defined in this section:
A. Application period shall be the time stated in the notice of availability during which the city will accept applications for commercial cannabis business permits for commercial cannabis activities.
B. Cannabis business means the actual or intended conduct of commercial cannabis activity, as defined by MAUCRSA, or of a commercial cannabis use, as defined by this code.
C. Cannabis goods means cannabis, including dried flower, cannabis products, and products containing cannabis.
D. Chief of police shall refer to the city of Pleasant Hill chief of police or the person designated by the chief of police.
E. Day shall refer to calendar days.
F. Financial interest shall have the same meaning as that term is defined in 16 California Code of Regulations, section 5004, as may be amended from time to time.
G. Manager shall mean a person can or does have or share ultimate control over the day-to-day operations of a business.
H. MAUCRSA shall mean the Medicinal and Adult-Use Cannabis Regulation and Safety Act (California Business & Professions Code, Division 10), as may be amended from time to time.
I. Medical use shall refer to cannabis goods intended to be sold for medicinal use by a qualified patient in California who possesses a physician’s recommendation pursuant to the Compassionate Use Act of 1996 (Cal.
Health & Safety Code § 11362.5), the Medical Marijuana Program Act (Cal. Health & Safety Code § 11362.7 et seq.) and MAUCRSA, as each may be amended from time to time.
J. Owner shall have the same meaning as that term is defined in 16 California Code of Regulations, section 5003, as may be amended from time to time.
K. Person shall mean any natural person, partnership, cooperative, association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.
L. Planning division means the planning division of the city of Pleasant Hill.
M. Police department means the police department of the city of Pleasant Hill. (Ord. 932 § 2 (Exh. A), 2019) The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 2 of 13 Item 10.2
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6.60.030 Prohibited commercial cannabis activities.
A. All medicinal and adult-use commercial cannabis uses or other activities requiring a state commercial cannabis license under the MAUCRSA are prohibited, except as expressly allowed by this chapter and PHMC
18.25.170.
B. The foregoing prohibition shall not apply to:
1. Conduct specified in California Business and Professions Code sections 26054(c) and (d), 26080(b), or 26090(e).
2. Cannabis delivery originating from a retailer located outside of the city, which is not prohibited or regulated by this chapter.
C. Cannabis temporary events, as provided under California Business and Professions Code section 26200, are prohibited in the city of Pleasant Hill. (Ord. 932 § 2 (Exh. A), 2019)
6.60.040 Permit requirements.
A. Any person seeking to establish or operate a medicinal cannabis business from a premises located in the city must first obtain and maintain a commercial cannabis business permit in accordance with this chapter prior to establishing and/or operating.
B. Commercial cannabis business permits may be issued to no more than two cannabis retail locations at any one time in the following activity categories, or in any combination thereof:
1. Medical-use, delivery-only retailer.
C. When the number of commercial cannabis business permit locations falls below the limit set forth above, the city manager (or his or her designee) shall post a notice of availability that the city will be accepting applications for commercial cannabis business permit(s). The notice shall include the dates during which applications will be accepted, information regarding application requirements and directions, and the contact information for questions. The notice shall be posted on the city’s website. (Ord. 932 § 2 (Exh. A), 2019)
6.60.050 Permit application.
A. All applications for a commercial cannabis business permit shall be filed with the planning division, using forms provided by the city, within the application period that is established by the city manager, and which period may be extended from time to time. It is the responsibility of the applicant to provide a complete application and all information required for approval of the permit. The application shall be made under penalty of perjury. At a minimum, each application shall contain:
1. A complete identification of the applicant including name, address and phone number to which notice of action on the application and correspondence is to be mailed; The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 3 of 13 Item 10.2
City Council Meeting Agenda - Page 123 of 142 - Monday, March 03, 2025 action on the application and correspondence is to be mailed;
2. A description of the statutory entity or business form that will serve as the legal structure for the applicant and a copy of its formation and organizing documents, including, but not limited to, articles of incorporation, certificate of amendment, statement of information, articles of association, bylaws, partnership agreement, operating agreement, and fictitious business name statement;
3. Names, residence and business addresses of each and every owner. If one or more owners is a statutory entity or other business form, the name of the entity shall be set forth exactly as shown in its formation and organizing documents together with the names, residence and business addresses of each of the owners and other persons with a financial interest in the entity;
4. The names, residence and business addresses of each and every manager;
5. The name, residence and business address of the owner of the property, who shall indicate in writing his/her/its consent to cannabis business being conducted on the property by signing the application in the space provided;
6. A complete list of every individual who has a financial interest in the commercial cannabis business, who is not an owner, as defined;
7. A site plan, floor plan, and elevations of the property where the business will operate, and indicate whether any exterior building improvements, including facade improvements or exterior signage, are proposed. If exterior building improvements or signage is proposed, then compliance with PHMC Chapters
18.60, 18.105, and 18.115 is required, and the applicant shall submit its application for any design review approval and/or sign permits concurrently with the application for the commercial cannabis business permit;
8. An operations plan for the business and the name under which it is to be operated;
9. Evidence of compliance with the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq.);
10. Whether or not any person referred to in subsection A.1, 3, 4, 5 or 6 of this section has had a license, permit or use permit for the same or any similar business suspended or revoked anywhere, and, if so, the circumstances of such suspension or revocation;
11. The proposed hours of operation;
12. The applicant’s certificates of automobile and general commercial liability insurance coverage and evidence of workers’ compensation insurance (if required) related to the operation of the commercial cannabis business;
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 4 of 13 Item 10.2
City Council Meeting Agenda - Page 124 of 142 - Monday, March 03, 2025
13. An executed release of liability and indemnity agreement in the form set forth by the city; and
14. Such other related information or documentation consistent with this code and state law as the city manager may require.
The residential addresses required in subsections A.3, 4 and 5 of this section, as well as the name(s) of managers listed in subsection A.4 of this section, shall be kept private and not made available to the public.
B. An application shall be accompanied by an application review fee, as established by resolution of the city council from time to time. This application review fee shall not include fingerprinting, photographing, and background check costs and shall be in addition to any other business license fee or other charge imposed by this code or other governmental agencies. (Ord. 932 § 2 (Exh. A), 2019)
6.60.060 Review and action on applications.
The processing of new permit applications will include the following phases:
A. Phase 1 – Prescreening and criminal history.
1. Upon close of the application period, city staff shall review each complete application for general compliance with the city’s municipal code, and shall reject any application which does not meet such requirements or is incomplete. Rejected applications shall not be scored. The city shall also disqualify any application that contains any false or misleading information.
2. All exterior building improvements, including facade improvements and proposed signage, shall be reviewed for conformance with the city’s zoning and land use standards. If required, the applicant shall apply for any design review approval and/or sign permit necessary under PHMC Chapters 18.60, 18.105 and 18.115 concurrently with the application for the commercial cannabis business permit. The prescreening approval may be conditioned upon the applicant submitting complete application materials for design review and/or sign permits. All applications will be required to comply with environmental review pursuant to the California Environmental Quality Act (“CEQA”) (Cal. Pub. Res. Code § 21000 et seq.).
3. Each applicant shall submit to the chief of police a recent photograph of the applicant (if an individual), each owner and current or prospective manager. The applicant, owner(s) and manager(s) shall also submit fingerprints pursuant to “Livescan” procedures and pay all costs associated with such submittal. Upon receipt of the Livescan results, the chief of police shall review and report if the criminal history of the applicant, owner(s) and manager(s) satisfies the minimum criteria pursuant to PHMC § 6.60.070.
4. The applicant prescreening decisions will be made by the city manager within 60 days of the close of the application period or receipt of Livescan results, whichever is later. Only applicants who receive approval of the prescreening review may proceed to the next phase of the selection process.
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 5 of 13 Item 10.2
City Council Meeting Agenda - Page 125 of 142 - Monday, March 03, 2025 B. Phase 2 – Application scoring.
1. Upon approval of the prescreening review, the city manager or designee shall refer the application to the planning commission for preliminary scoring of the application(s) and recommendation to the city council. A public hearing on a commercial cannabis business permit application(s) may be consolidated with any required hearing for design review approval and/or sign permits.
2. The city council will issue the final score on the commercial cannabis business permit application, relying only upon the written application itself, any other written city materials generated in connection with the review, and the applicant presentation and representations at the public hearing. The decision of the city council will be made at a duly noticed public hearing and may be consolidated with any required hearing for design review approval and/or sign permits.
3. The specific scoring criteria, weighting (points per criterion), minimum qualifying scores and any additional application procedures will be determined by resolution of the city council prior to the commencement of the application period and posted publicly on the city’s website.
4. If the number of applicants who receive minimum qualifying scores at Phase 2 exceeds the maximum number of permits available, then applicants will be selected and issued a commercial cannabis business permit based on highest score.
5. Qualified applicants that are not selected will be placed on a qualified applicant list. Applicants placed on the qualified applicant list will be notified when future applications are accepted. A qualified applicant will remain eligible for three years.
C. Issuance of a commercial cannabis business permit does not create a land use entitlement. Furthermore, no permittee may begin operations, notwithstanding the issuance of a permit, until all of the state and local laws and regulations, including but not limited to the requirements of this chapter and of the permit, have been complied with and the city verifies such compliance. The issuance of a commercial cannabis business permit does not excuse compliance with any other requirement in the zoning ordinance or building code. Any additional permits required may be obtained after the business permit is issued but before operation.
D. The city reserves the discretion to not grant any applications in the interest of the health, safety, or general welfare of the city. (Ord. 932 § 2 (Exh. A), 2019)
6.60.070 Minimum criteria for issuance of a permit.
A. The applicant, each owner, and any existing or prospective manager must be at least 21 years of age.
B. The applicant, each owner, and any existing or prospective manager must not have had a similar type of license or permit previously revoked or denied for good cause within the immediately preceding two years prior The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 6 of 13 Item 10.2
City Council Meeting Agenda - Page 126 of 142 - Monday, March 03, 2025 to the permit application.
C. Neither the applicant, any owner, nor any proposed or prospective manager shall have been convicted of:
1. Any offense relating to possession, manufacture, sales, or distribution of a controlled substance, with the exception of cannabis-related offenses;
2. Any offense involving the use of force or violence upon the person of another;
3. Any offense involving theft, fraud, dishonesty or deceit;
4. Any offense involving sales of cannabis to a minor or use of a minor to distribute cannabis;
5. Any common law felony.
For purposes of this subsection C, a conviction includes a plea or verdict of guilty or a conviction following a plea of nolo contendere. The above criteria are in addition to any applicable provisions of state law. (Ord. 932 § 2 (Exh. A), 2019)
6.60.080 Operating requirements.
A. State and local licenses. The permittee shall obtain and maintain a state commercial cannabis license for the equivalent state cannabis commercial activity. The permittee shall obtain and maintain all other required state and local licenses, permits, or approvals as required.
B. MAUCRSA compliance. The permittee shall meet all operating requirements of the MAUCRSA, and any regulations promulgated thereunder.
C. Criminal history. No permittee, its owners, managers, employees, or volunteer workers shall have been convicted of an offense listed in PHMC § 6.60.070.C.
D. The permittee shall ensure that its operations conform to the following requirements in addition to the state regulations, which shall include:
1. Signage and notices.
a. All signage shall meet the city zoning code’s sign requirements. b. A notice shall be clearly and legibly posted in the business premises indicating that smoking, ingesting or consuming cannabis on the premises is prohibited. c. Signs on the premises shall not obstruct the entrance or windows in any amount.
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 7 of 13 Item 10.2
City Council Meeting Agenda - Page 127 of 142 - Monday, March 03, 2025 d. Address identification shall comply with fire department illuminated address signs requirements.
2. Entrances. The primary entrance shall be located and maintained free of barriers, landscaping and similar obstructions so that it is visible from public streets, sidewalks or driveways.
3. Records. A current register of all employees and volunteer workers shall be maintained.
4. Odor control. An odor-absorbing ventilation and exhaust system shall be installed so that odor generated inside the business is not detected outside the property lines or lease area boundaries, or anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the cannabis business.
5. Consumption. Cannabis and cannabis products shall not be consumed (whether eaten, smoked, vaporized, applied or other method of ingestion) on the premises of the cannabis business, including parking areas, or in a delivery vehicle.
6. Operating hours. A permittee may operate between the hours of 9:00 a.m. to 9:00 p.m., up to seven days a week.
7. Display of permit. Each commercial cannabis business permit shall be prominently displayed at the business premises in a location readily visible to city officials, such as a lobby or entryway, and on any business website or advertisement.
8. Contact person. A permittee shall provide the city with the name and phone number of an on-site community relations staff person or designee to whom one can provide notice if there are operating concerns. The permittee shall make every good faith effort to encourage neighborhood residents to call this person to try to solve operating concerns before any calls or complaints are made to the city.
9. State license application. The permittee shall submit to the planning division, within seven days of submission to the state cannabis licensing authority, a copy of any state commercial cannabis license application, renewal application and/or any business modification request or notification submitted to the state licensing authority (for retail, the Bureau of Cannabis Control) related to the permitted business.
10. Inspections. The city of Pleasant Hill code enforcement and police departments shall have the right, without warrant, to inspect the premises for which the permit was obtained on the following conditions:
a. The scope of the inspection is limited to determining compliance with this chapter; b. The inspection shall be conducted not more often than once every six months, except in the event of a complaint by a member of the public;
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 8 of 13 Item 10.2
City Council Meeting Agenda - Page 128 of 142 - Monday, March 03, 2025 c. The inspection shall be conducted during regular business hours; and d. The inspection shall be conducted at a time and in a manner that will minimize business interruption.
11. State and local law compliance. The permittee shall comply with all state and local laws, rules and regulations, including payment of all applicable fees and taxes and payment of any future-adopted cannabis taxes.
12. Notification of state and local law violations. A permittee shall immediately report to the chief of police any of the following:
a. Arrests of any employees, directors, managers, owners or volunteer workers for an offense other than a misdemeanor traffic offense.
b. Any disciplinary action taken by a state licensing authority regarding the permittee’s state commercial cannabis license and submit a copy of any notice or order. c. The occurrence of any event that constitutes a violation of this chapter or state law related to the conduct of the commercial cannabis business.
13. The permittee shall be responsible for all violations of this chapter and MAUCRSA or its implementing regulations, whether committed by the permittee, its owners, or any employee, volunteer worker, director, manager or other agent of the permittee, for violations that occur in or about the premises of the commercial cannabis business whether or not said violations occur within the permit holder’s presence. (Ord. 932 § 2 (Exh. A), 2019)
6.60.090 Term of permit and renewal procedure.
A. Permits issued under this chapter shall be valid for 12 months from the date of issuance. The permit may be renewed annually.
B. Permits may be renewed by the city manager unless the permit is suspended or revoked in accordance with the provisions of this chapter or if the application for renewal fails to comply with the provisions of this chapter.
C. Applications for renewal shall be made at least 60 days before the expiration date of the permit and shall be accompanied by the nonrefundable application review fee. Applications for renewal shall be acted upon by the city manager and the city manager shall notify the permittee within 60 days of his or her decision. Applications for renewal made less than 60 days before the annual expiration date shall not stay the expiration date of the permit.
D. A permittee shall be responsible for paying an annual permit fee, as established by resolution of the city council from time to time. This deposit shall cover the full cost borne by the city to administer the permit The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 9 of 13 Item 10.2
City Council Meeting Agenda - Page 129 of 142 - Monday, March 03, 2025 program and all responsibilities established in this chapter. (Ord. 932 § 2 (Exh. A), 2019)
6.60.100 Permit suspension and revocation.
A. The city manager may suspend or revoke a commercial cannabis business permit if any of the conditions identified in this section exist. On determining that grounds for permit suspension or revocation exist, the city manager shall serve the permittee with written notice of the proposed suspension or revocation. The notice shall state the ground or grounds upon which the decision is based, the effective date of the decision, the right of the permittee to appeal the decision to the city council, and that the city manager’s decision will be final if no written appeal is timely submitted to the city in accordance with PHMC § 6.60.130. The notice is effective within 15 days from the date of service of the notice. If an appeal is timely and properly filed, then the effective date of the notice is stayed.
B. A permittee is subject to suspension or revocation of the permit, or subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, volunteer worker, agent, owner, director or manager of a commercial cannabis business:
1. The permittee has made a false, misleading or fraudulent statement or omission of facts in the application for a permit, or in any report or record required to be filed with the city.
2. The commercial cannabis business has been operated as a nuisance, as defined in Pleasant Hill Municipal Code or as defined in state law.
3. A violation of any provision of this chapter, or any other provision of the municipal code.
4. There has been one or more violations of state law, including but not limited to violations of MAUCRSA or its implementing regulations.
C. Upon revocation, no new permit may be issued for the applicant or any other business entity in which the applicant is a partner or owner of 10% or more of the business for a period of five years from the date of revocation. (Ord. 932 § 2 (Exh. A), 2019)
6.60.110 Expiration.
A permit shall expire if not in active use for a period of six months at any time after the date of issuance. “Active use” means conducting the commercial cannabis activity authorized by the permit following receipt of a certificate of occupancy, if required. This period may be extended if the permit has applied for a state commercial cannabis license that has been delayed through no fault of the permittee. Expired permits may not be renewed but the permit holder may apply again when a permit vacancy occurs. (Ord. 932 § 2 (Exh. A), 2019)
6.60.120 Transfer of permits.
A commercial cannabis business permit issued under this chapter is valid only as to the permittee and approved site, and is therefore nontransferable to other persons or locations. A commercial cannabis business permit is The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 10 of 13 Item 10.2
City Council Meeting Agenda - Page 130 of 142 - Monday, March 03, 2025 site, and is therefore nontransferable to other persons or locations. A commercial cannabis business permit is not property and has no value. A commercial cannabis business permit may not be transferred, sold, assigned or bequeathed expressly or by operation by law. Any attempt to directly or indirectly transfer a commercial cannabis business permit shall be deemed to constitute a voluntary surrender of such permit and such permit shall therefore be automatically rendered null and void. Except, however, if the permittee is a partnership, corporation, limited liability company or other entity, and one or more of the owners should die, one or more of the surviving owners may acquire, by purchase or otherwise, the interest of the deceased owner without effecting a surrender or termination of such permit and in each case the permittee shall thereafter be deemed to be the surviving owner(s). Additionally, a commercial cannabis business permit may be endorsed to add an additional owner, provided such prospective new owner satisfies the requirements for applicants, including, but not limited to, a criminal history check and the qualifications listed in PHMC § 6.60.070, as approved by the city manager. (Ord. 932 § 2 (Exh. A), 2019)
6.60.130 Appeals.
A. Within 15 days after the date of service of a decision of the city manager to revoke, suspend, deny renewal of a permit, or deny prescreening review, the permittee or applicant may appeal such action by filing a written appeal with the city clerk.
B. The notice of appeal shall be in writing and signed by the person making the appeal, or his or her legal representative, and shall contain the following:
1. The name, address, telephone number of the appellant.
2. A true and correct copy of the notice of the decision issued by the city manager from which the appellant is appealing.
3. A specific statement of the reasons and grounds for making the appeal in sufficient detail to enable the city council to understand the nature of the controversy, the basis of the appeal, and the relief requested, not to exceed five pages.
4. All documents or other evidence pertinent to the appeal that the appellant requests the city council to consider at the hearing.
C. At the time of filing the appellant shall pay the designated appeal fee established by resolution of the city council from time to time.
D. Failure of the city clerk to receive a timely and proper appeal, or the requisite fee, constitutes a waiver of the right to appeal the decision of the city manager and a failure to exhaust all administrative remedies. In this event, the city manager’s decision is final and binding.
E. In the event a notice of appeal is timely filed, the city manager’s decision is stayed until a final order has been The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 11 of 13 Item 10.2
City Council Meeting Agenda - Page 131 of 142 - Monday, March 03, 2025 rendered and issued by the city council. If a notice of appeal is not timely filed, in the event of a decision of nonrenewal, the permit expires at the conclusion of the term of the permit, and in the event of a suspension or revocation, the suspension of revocation is effective upon the expiration of the period for filing a written notice of appeal.
F. Upon receipt of a timely notice of appeal, the city clerk shall set the matter for a hearing before the city council. The city council shall preside over the hearing on appeal, hear the matter de novo and conduct the hearing pursuant to the procedures set forth by the city. The city manager bears the burden of proof to establish the grounds for his or her decision by a preponderance of the evidence. The issuance of the city manager’s decision constitutes prima facie evidence of grounds for the nonrenewal, suspension, or revocation.
G. The appeal shall be held within a reasonable time after the filing of the notice of appeal, but in no event later than 90 days from the date of such filing. The city shall notify the appellant in writing of the date, time and location of the hearing at least 10 days prior to the date of the hearing.
H. At the hearing the appellant may present witnesses and evidence relevant to the decision appealed. Appeal hearings are informal, and the formal rules of evidence and discovery applicable in a court of law shall not apply to the hearing. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, immaterial and repetitious evidence may be excluded.
I. After the conclusion of the appeal hearing, the city council shall determine if any grounds exist for the city manager’s decision.
1. If the city council determines that no facts exist to support the city manager’s decision, the city manager’s notice of decision shall be deemed canceled.
2. If the city council determines that any facts exist to support the city manager’s notice of decision, the decision shall be upheld.
The city council shall issue a written final order. The decision of the city council shall be final and shall be served on the appellant. The decision shall contain the following statement:
The decision of the City Council is final and binding. Judicial review of this decision is subject to the time limits set forth in California Code of Civil Procedure section 1094.6. (Ord. 932 § 2 (Exh. A), 2019)
6.60.140 Service of city notices.
Except as otherwise expressly required by a provision of this chapter, any notice required by this chapter may be served by personal delivery to any applicant or permittee, or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle. Any notice issued to any The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 12 of 13 Item 10.2
City Council Meeting Agenda - Page 132 of 142 - Monday, March 03, 2025 applicant or permittee may be sent to the mailing address as listed on the application submitted to the city.
Failure of any applicant or permittee to receive a properly addressed notice by mail shall not invalidate any action, decision, determination or proceeding under this chapter. (Ord. 932 § 2 (Exh. A), 2019)
6.60.150 Enforcement.
A. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. A failure to obtain a commercial cannabis permit required by this chapter shall be punishable in accordance with the Pleasant Hill Municipal Code and state law.
B. All remedies prescribed under this chapter shall be cumulative and the use of one or more remedies by the city shall not bar the use of any other remedy for the purpose of enforcing the provisions hereof.
C. Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof, and shall be penalized accordingly.
D. Any use or condition caused or permitted to exist in violation of any of the provisions of this chapter shall be and is declared a public nuisance and may be summarily abated by the city.
E. The violation of any provision of this chapter shall be and is declared to be contrary to the public interest and shall, at the discretion of city manager, create causes of action, including, but not limited to, for injunctive relief.
F. In addition to the civil and administrative remedies set forth above, any person that violates the provisions of this chapter may be subject to administrative penalties as set forth by PHMC Chapter 1.35. (Ord. 932 § 2 (Exh.
A), 2019)
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code Chapter 6.60 CANNABIS BUSINESSES Page 13 of 13 Item 10.2
City Council Meeting Agenda - Page 133 of 142 - Monday, March 03, 2025
18.25.170 Cannabis retailers.
A. Medical cannabis retailers.
1. Medical cannabis retailers may be located in any light industrial (LI), general commercial (C), or professional and administrative office (PAO) zoning district, subject to the granting of a use permit pursuant to PHMC Chapter 18.95, the other limitations of this chapter, and the following restrictions:
a. A medical cannabis retailer’s premises shall be closed to the public (i.e., no public storefront). The medical cannabis retailer shall conduct sales exclusively by delivery. b. Medical cannabis retailers are prohibited from establishing or locating within 600 feet of a public or private school providing instruction in kindergarten or any grades one through 12, day care center, or youth center, as defined by state law. For the purposes of this section, all distances shall be measured from the outer extents of the cannabis retailer’s business premises (whether leased or owned) excluding parking facilities and common areas to the nearest property lines of each affected parcel. c. The city shall issue no more than two conditional use permits for medical cannabis retailers. d. A medical cannabis retailer’s business premises (excluding parking facilities and common areas) shall not exceed a gross floor area of 10,000 square feet. e. Medical cannabis retailers shall obtain and maintain a state license for retail medicinal cannabis sales in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act, California Business and Professions Code, Division 10, section 26000 et seq. f. Medical cannabis retailers shall not create a public nuisance through offensive odors. g. On-site consumption of medicinal cannabis or medicinal cannabis products is prohibited. h. Medical cannabis retail use shall be conducted indoors only, with no outdoor use/activity related to the cannabis retailer use.
i. Renderings of the business facade shall be provided and reviewed as part of the conditional use permit. Building facade plans shall include renderings of the exterior building elevations and any proposed signage for all sides of the building. All building facades and signage shall be in keeping with the high architectural quality and design standards of the city of Pleasant Hill. The business facade and building signs shall be compatible with and complementary to surrounding businesses and shall add visual quality to the area.
B. Adult-use cannabis retailers. Without limiting the generality of the prohibition on commercial cannabis uses in PHMC § 18.50.140.B, adult-use cannabis retailers are prohibited in all base zoning districts and overlay districts The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code 18.25.170 Cannabis retailers. Page 1 of 2 Item 10.2
City Council Meeting Agenda - Page 134 of 142 - Monday, March 03, 2025 1 in the city.
C. Applicability of other regulations. The provisions in this chapter are not intended to provide exclusive regulation of cannabis retailers. Any entity or individual engaged in the business of cannabis retail sales must comply with any and all applicable regulations imposed in other parts of the zoning ordinance, other city ordinances (including, without limitation, PHMC Titles 5 and 6), and state law.
D. It is anticipated that the number of applications could exceed the number of allowable permits for cannabis retailers. The city shall not accept applications until the city council has adopted a resolution setting forth the application period, application procedures and guidelines to evaluate applications for cannabis retailer permits.
The city council expects, but is not required, to adopt application guidelines on or before January 1, 2020. (Ord. 931 § 4, 2019)
Code reviser’s note: Ord. 895 amended this section without taking into account the amendments of Ord. 890.
Those amendments have been retained per the intent of the city.
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code 18.25.170 Cannabis retailers. Page 2 of 2 Item 10.2
City Council Meeting Agenda - Page 135 of 142 - Monday, March 03, 2025
18.50.140 Marijuana/cannabis.
A. Personal cultivation of marijuana/cannabis. Within the city of Pleasant Hill, the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana/cannabis is prohibited. Notwithstanding the foregoing, it is not a violation of this section for an individual, who resides in a private residence located on the same parcel as the plant(s), to cultivate for his or her personal use no more than six marijuana plants. Cultivation shall be subject to the following limitations:
1. No more than six marijuana plants per residence are allowed to be cultivated either indoors or outdoors, or a combination of both indoors and outdoors, regardless of the number of individuals residing at the residence.
2. The plants shall not be visible from a public right-of-way, other public place, or adjacent parcel(s).
3. For outdoor cultivation:
a. No part of a plant is within five feet of any property line. b. All plants must be kept within a locked space (e.g., enclosed within a locked gate).
4. For indoor cultivation:
a. All accessory structures shall comply with the locational and other requirements set forth in PHMC § 18.20.050 or 18.25.060 as applicable.
b. Structures and equipment used for indoor cultivation, such as indoor grow lights, shall comply with all applicable building, electrical and fire code regulations as adopted by the city. c. The plants must be kept in a locked space within a fully enclosed and secure structure.
5. Nothing in this section is intended to preclude any landlord from limiting or prohibiting personal cultivation of marijuana/cannabis by tenants.
6. Nothing in this section is intended to authorize commercial cultivation of marijuana/cannabis.
7. Nothing in this section is intended to authorize any public or private nuisance due to odor or as otherwise specified in PHMC Chapter 7.05.
B. Commercial cannabis uses. All commercial cannabis uses are expressly prohibited in all base zoning districts and overlay zoning districts unless and until one or more such uses is expressly and affirmatively authorized by this code. The foregoing prohibition shall not apply to:
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code 18.50.140 Marijuana/cannabis. Page 1 of 2 Item 10.2
City Council Meeting Agenda - Page 136 of 142 - Monday, March 03, 2025
1. Conduct specified in Business and Professions Code sections 26054(c) and (d), 26080(b), or 26090(e).
2. Cannabis delivery originating from a cannabis retailer located outside of the city.
3. The activities of an individual qualified patient or an individual primary caregiver that are exempt from state licensure pursuant to Business and Professions Code section 26033, or a natural person’s personal use activities in accordance with Health and Safety Code sections 11362.1 and 11362.2, applicable state law and this code.
4. Cannabis temporary events. However, cannabis temporary events, as provided under Business and Professions Code section 26200, are prohibited in the city unless specifically authorized by separate resolution or ordinance of the city council. (Ord. 931 § 1, 2019; Ord. 918 § 2, 2017; Ord. 897 § 1, 2016; Ord. 893 § 2, 2015; Ord. 819 § 5, 2007)
The Pleasant Hill Municipal Code is current through Ordinance 969, passed June 3, 2024.
Pleasant Hill Municipal Code 18.50.140 Marijuana/cannabis. Page 2 of 2 Item 10.2
City Council Meeting Agenda - Page 137 of 142 - Monday, March 03, 2025 RESOLUTION NO. 69- 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANT HILL
APPROVING APPLICATION TIME PERIOD, FEE AND SCORING CRITERIA FOR
CANNABIS RETAILER BUSINESS PERMITS
WHEREAS, The City Council of the City of Pleasant Hill adopted a moratorium on all commercial cannabis uses that is set to expire on December 4, 2019; and WHEREAS, In August, 2019, the City Council adopted Ordinance 931 to allow up to two medical use, delivery, only, cannabis retailers to operate in the City of Pleasant Hill and concurrently, adopted Ordinance 932 setting business regulations for the allowed cannabis retailers; and
WHEREAS, the City Council now needs to set an application fee, establish an application time period and approve scoring criteria for medical use, delivery only, Cannabis Retailer Business Permit applications.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Pleasant Hill:
1) the application fee for a Cannabis Retailer Business Permit is set at $ 1, 500 per application;
2) the application time period when completed applications will be accepted at the Planning Division counter shall be from 9: 00 a.m. December 5, 2019, during regular business hours, up through and until 1: 00 p.m. on January 31, 2020; and
3) the criteria to be used by ( i) staff in providing a recommendation to the Planning Commission, (ii) the Planning Commission in scoring the applications, and (iii) the City Council in making a final selection and award of the permit(s) shall be the following.
Criteria: City ofPleasant Hill Cannabis Retailer Business Permit
35. points: Business Qualifications and Business Plan as demonstrated by:
Industry experience
Financial capacity to start and sustain business operations Business design/layout: secure, attractive, unobtrusive design Innovative or boutique business models consistent with the City of Pleasant Hill 35 points: Quality of Operating Plan as demonstrated by:
Demonstrated understanding of all State of California requirements for cannabis retailers, including, but not limited to, security, financial, recordkeeping Inventory controls and sales procedures to prevent diversion to illegal market and access by minors
Employee training above State minimum requirements
Parking, circulation and traffic plan, including truck and delivery parking if applicable, to ensure safe access and minimize traffic congestion Complaint response program
Additional operational procedures demonstrating safety, commitment to community welfare and community responsiveness
Item 10.2
City Council Meeting Agenda - Page 138 of 142 - Monday, March 03, 2025 30 points: Public Benefits, including, but not limited to, the following:
All employees paid living wage and benefits
Social equity: One or more principals who earn at or below median household income for Contra Costa County; women or minority owned business; small business
Offer medical cannabis patient services such as physician or caregiver networking and/or experience serving patients
Reduced cost products to low income medical patients
Locally sourced, organic and/ or pesticide free products Certified or qualifies for Green Business certification Participation and support of local youth serving prevention and education programs and/or adult addiction programs
Additional information that demonstrates the ability to operate in a manner consistent with the values of the City of Pleasant Hill, including, without being limited to, local residency of principals (3+ years), connection to the community, ability to serve the community, familiarity with the City Planning staff,with assistance from the Police Department as needed, will review each application and make a recommendation to the Planning Commission based on review of the first two categories of criteria, Business Qualifications and Business Plan and Quality of Operating Plan.
The Planning Commission will review each qualifying application. The Planning Commission' s review will be based on the written materials and a presentation by the applicant at a public meeting. Planning Commissioners will score each application based on the criteria listed above.
All Commissioners' scores shall be totaled and averaged for each application to determine a preliminary score. In order to be considered qualifying by the Planning Commission, an application must receive a minimum averaged score of 80 points.- Regardless of the preliminary score, all applications with the accompanying preliminary score will be referred to the City Council for consideration.
The City Council will hold a second public hearing and the applicants will provide a presentation to the City Council. The City Council members shall . consider the Planning staff' s recommendation to the Planning Commission, the Planning Commission' s preliminary scoring, the presentation before the City Council and any other information in the record or received at or before the City Council' s public hearing.. Each ofthe available permits, initially two permits, will be considered and voted on separately. The City Council may direct staff to take the direction received from the Council' s discussion and preliminary vote on the permits, draft a conforming resolution and place the resolution on the next available City Council agenda for final action.
The selected applicant(s) will have 60 days after final City Council selection to submit a complete Conditional Use Permit application.
Signatures on the Following Page]
Item 10.2
City Council Meeting Agenda - Page 139 of 142 - Monday, March 03, 2025 ADOPTED by the City Council of the City of Pleasant Hill at a regular meeting held on the 18th day ofNovember, 2019, by the following vote:
AYES: Flaherty, Harris, Noack, Rinn, Carlson
NOES: None
ABSENT: None
ABSTAIN: None
iorg'
K I NN -- RLSON, Mayor
ATTEST:
CAROL WU, City Clerk
APPROVE! A S TO FORM;
JAN- . c6fxsON, City Attorney
Item 10.2
City Council Meeting Agenda - Page 140 of 142 - Monday, March 03, 2025 City/County Cannabis Sales
Allowed
Limitations on
Type of Sales
Limitations on Quantity or
Distances
Antioch Yes
(Municipal Code
Section 9-
5.3845)
600’ from sensitive uses as
measured from property lines. 600’
from other dispensaries as
measured from the primary
entrance of each dispensary.
Brentwood No
Clayton No
Concord Yes
(Municipal Code
Section 5.80)
Three storefront retailers and three
non-storefront retailers
Danville No
El Cerrito Yes
(Municipal Code
Section
6.80.040)
Two retailers. 600’ from all
private/public schools and 600’ from
public parks and recreational
facilities (as measured from
property line to property line). 1,000’
from any other dispensary (as
measured from nearest outside wall
of each dispensary to the other)
Hercules No
Lafayette No
Martinez Yes
(Municipal Code
Section
5.29.170)
No off-site sales
and no drivethrough sales
1,000’ between each dispensary as
measured from property lines.
Moraga No
Orinda No
Oakley No
Pinole No
Pittsburg Yes
(Municipal Code
Section
18.88.035)
600’ from sensitive uses (list of
uses cited) as measured from
primary entrance to primary
entrance. 1,000’ from schools.
Richmond Yes
(Municipal Code
Section
15.04.610.270)
No more than three retailers.
Cannot abut a Residential zone.
600’ from sensitive uses (as cited).
600’ from private & public schools K
through middle). 1,500’ from all
private and public high schools.
San Pablo No
San Ramon No
Item 10.2
City Council Meeting Agenda - Page 141 of 142 - Monday, March 03, 2025 City/County Cannabis Sales
Allowed
Limitations on
Type of Sales
Limitations on Quantity or
Distances
Walnut Creek Yes Non-storefront,
delivery only for
medical and
recreational
Allowed in SC and BP Zoning
District (commercial zones), must
be 1,000 feet from elementary and
middle schools, churches, day care
centers, youth centers, city parks
and at least 1,500 feet from high
schools
CC County Yes
(Muni-code
Chapter 88-28)
Four storefront
retailers in effect
at one time.
1,000’ from schools and other cited
sensitive uses. 500’ from another
dispensary (located in the county or
a city) as measured from property
line to property line.
Item 10.2
City Council Meeting Agenda - Page 142 of 142 - Monday, March 03, 2025