Cities Index.
Agenda packet

Pleasanton City Council
November 7, 2023

Document
Agenda packet
Meeting
November 7, 2023
Body
Pleasanton City Council
Pages
27
Original file
219.0 MB
Text extracted from the city's file for reading and search. Open the original on pleasantonca.api.civicclerk.com. That file is the official record.

1 THE CITY OF
PF

CITY COUNCIL AGENDA REPORT

PLEASANTON
November 7, 2023
City Manager
TITLE: ADOPT A RESOLUTION AUTHORIZING SUBMITTAL OF AN APPLICATION TO CALRECYCLE FOR SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FY 2022/ 23) AND RELATED AUTHORIZATIONS, AND ACCEPT GRANT FUNDS IN THE AMOUNT OF $ 144, 587

SUMMARY
The Department of Resources Recycling and Recovery ( CalRecycle) offers the SB 1383 Local Assistance Grant Program pursuant to Chapter 395, Statutes of 2016. This non- competitive grant program provides one-time funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383.

CalRecycle is now distributing $ 90, 000, 000 for last fiscal year' s grant cycle — Fiscal Year 2022/ 23 — to eligible cities, counties and special districts directly responsible for solid waste collection services subject to funding availability for the one-time program.

Each city is eligible to receive a $ 20, 000 base award or an amount calculated by CalRecycle, on a per capita basis, whichever is greater; the City of Pleasanton' s per capita allocation is $ 144, 587.

RECOMMENDATION
Adopt a resolution authorizing the City Manager or designated staff to submit an application for the CalRecycle SB 1383 Local Assistance Grant Program Fiscal Year 2022/ 23 funding cycle and accept the allocation of $ 144, 587 in grant funds.

FINANCIAL STATEMENT
If the application is successful, the total allocation will be $ 144, 587 to be received in April/ May 2024. A mid- year budget adjustment would be completed to allocate 4 months of the funding in the current Fiscal Year 2023/ 24 and the remaining funding will be budgeted to the 12 months of Fiscal Year 2024/25. The remaining 10 months of Fiscal Year 2025/ 26, July 2025 through April 2026 would be incorporated into the next 2- year budget.

BACKGROUND
The Department of Resources Recycling and Recovery ( CalRecycle) has been tasked with administering a one-time grant program intended to aid the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016. Among efforts to reduce, recycle and reuse solid waste generated in the state, this grant program will provide funding on a per capita basis to local jurisdictions to assist with meeting regulation requirements associated with SB 1383. Funds are calculated by CalRecycle with each city eligible for a minimum of $20, 000 or an amount allocated on a per capita basis, whichever is greater. The FY 2022/ 23 CalRecycle funding cycle commences in April 2024 and cities will have until April 1, 2026 to spend the funds.

Eligible SB1383 activities include:

Collection
Edible Food Recovery
Education and Outreach
Enforcement and Inspection
Equipment/ Bins/ Containers
Procurement Requirements
Program Evaluation/ Gap Analysis
Record Keeping
Staffing.

DISCUSSION
Staff proposes utilizing the grant funds to pay for a portion of the salary for the full-time management analyst position assigned to waste and recycling. This position is currently funded by special revenue funds: Import Mitigation Fund ( Fund 115) and Measure D Fund ( Fund 105). The Import Mitigation Fund will be fully expended by June 2024. The SB 1383 Local Assistance Grant will be used to partially fund this position' s salary over the two- year period from March 2024 to April 2026.

The full- time management analyst position assigned to waste and recycling is a critical to the City' s implementation of SB1383 actions, focusing on diverting organic waste from landfills and reducing methane emissions, which significantly contribute to climate change.

STRATEGIC PLAN ALIGNMENT
Approval of this application and subsequent use to support a full-time position dedicated to waste and recycling compliance advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 6 — Continue to implement priority items from the Climate Action Plan 2. 0 ( CAP) to lead by example in environmental sustainability. In addition it will support the City' s ongoing efforts to implement and comply with various State law and regulations related to Waste and Recycling such as SB 1383, AB 1826, AB 341, AB 1201, and SB 54.

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Submitted by: Fiscal Review: Approved by:

Becky Hopkins Susan Hsieh Gerry Beaudin
Assistant to the City Manager Director of Finance City Manager Attachment:

1. Resolution

Page 3 of 3 ends

ATTACHMENT 1
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AUTHORIZING SUBMITTAL OF APPLICATION TO CALRECYCLE FOR SB 1383 LOCAL ASSISTANCE GRANT PROGRAM ( FY 2023/ 24) AND RELATED AUTHORIZATIONS, AND ACCEPT GRANT FUNDS IN THE AMOUNT OF $ 144, 587 WHEREAS, pursuant to Public Resources Code sections 48000 et seq. the Department of Resources Recycling and Recovery ( CalRecycle) to administer various grant and payment programs in furtherance of the State of California' s efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the administration of the payment programs; and administration of the application, awarding, and management of the grant programs; and
WHEREAS, CalRecycle' s procedures for administering payment programs require, among other things, an applicant' s governing body to declare by resolution certain authorizations related to the administration of the payment program.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE, AND ORDER THE FOLLOWING:

SECTION 1: Authorizes submittal of an application to CalRecycle for any and all payment programs offered.

SECTION 2: That the City Manager, or his/ her designee, is hereby authorized as Signature Authority to execute all documents necessary to implement and secure payment.

SECTION 3: That this authorization is effective until rescinded by the Signature Authority or this governing body.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on November 7, 2023.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California. certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 7th day of November 2023, by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel Sodergren, City Attorney
2 THE CITY OF
Jll CITY COUNCIL AGENDA REPORT
PLEASANTON.

November 7, 2023
City Manager
TITLE: HOLD A PUBLIC HEARING AND ADOPT A RESOLUTION LEVYING

THE DOWNTOWN PLEASANTON BUSINESS IMPROVEMENT
DISTRICT ASSESSMENT FOR 2024

SUMMARY
The Downtown Pleasanton Business Improvement District ( BID) assessment is collected annually as part of a three-step process described under State law. The City Council approved the first step on September 5, 2023, appointing a Downtown Pleasanton BID advisory board to prepare an annual report describing the programs and activities of the BID and budget. The City Council completed the second step on October 3, 2023, by adopting a resolution accepting and approving the 2023 Annual Report and 2024 Budget and declaring the intent to levy the annual assessment for 2024. The Council is now asked to complete the third and final step by holding a public hearing and considering adoption of a resolution levying the Downtown Pleasanton Business Improvement District assessment for 2024. This will levy funds to be used by the Pleasanton Downtown Association ( PDA), as the manager of the Downtown Pleasanton BID, to conduct promotions, programs and activities that benefit downtown Pleasanton.

RECOMMENDATION
Hold a public hearing and adopt a resolution levying the Downtown Pleasanton Business Improvement District assessment for 2024.

FINANCIAL STATEMENT
The current agreement between the PDA and the City provides for the City to match the annual assessments paid by businesses in the BID. In 2023, the City match from the General Fund is estimated to be approximately $ 80, 000 which is included in the City' s current Fiscal Year 2023/ 24 budget.

BACKGROUND
The PDA serves as the manager of the Downtown Pleasanton BID. At the November 19, 2019, City Council meeting, the City Council approved a renewal of the agreement between the City and the PDA under which the City contributes funds to match the annual BID assessment revenue. These City funds are remitted to the PDA and used to conduct promotions, programs and activities that benefit downtown Pleasanton. As the agreement expires on December 31 , 2024, City staff will begin working with the PDA on the development of the next agreement in early 2024 to ensure updated terms reflect the current needs of downtown businesses and the City; the agreement will be formally considered for approval by the PDA Board of Directors and the City Council.

The assessment formula is based on the annual business license payment and is calculated as follows:
businesses located curbside and downstairs on Main Street are assessed at two times ( 2X) their business license;
businesses with a Main Street address located upstairs, or not curbside, are assessed at a rate of one and a half times ( 1'/ 2X) their business license; all other businesses ( those located off Main Street) pay an amount equal to one times ( 1X) their business license.

The minimum assessment is $ 50 and the maximum is $ 350. Non- profit businesses within the district are not assessed. For 2024, there are no proposed boundary changes or proposed changes in the method of levying the assessment.

The Downtown Pleasanton BID annual assessment revenue in 2024 is provisionally projected by City staff to be approximately $ 80, 000. Under the current agreement between the PDA and the City, the City will match the annual BID assessment, estimated at an additional $ 80, 000. This combined $ 160, 000 is projected to account for approximately 34 percent of the PDA' s total 2024 funding sources. The PDA provided a provisional budget including events planned during the year, which are projected to generate approximately 55 percent of the total 2024 revenue for the PDA. Corporate sponsorships, farmers market, and other miscellaneous revenues account for the remaining 11 percent of the 2024 funding sources.

DISCUSSION
Per Chapter 3, Section 36530 of the Parking and Business Improvement Area Law of 1989, the City Council must complete the following three steps to levy the annual assessment for the Downtown Pleasanton BID:
1 . Appoint an advisory board to prepare the annual budget with a report describing the programs and activities of the downtown business improvement district and the related funding sources ( completed on September 9, 2023);

2. Accept the annual report and budget and set a public hearing to levy the assessments ( completed on October 5, 2023); and

3. Open and close a public hearing and adopt by resolution the assessments (to be completed on November 7, 2023).

Page 2 of 3 ends

As the first two steps in the process have been completed, the City Council is now asked to hold a public hearing to hear any protest to the levy of the Downtown Pleasanton Business Improvement District assessment for 2024. The City Council is then asked to consider adoption of a resolution levying the Downtown Pleasanton Business Improvement District assessment for 2024 (Attachment 1).

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Building a Community Where Everyone Belongs ( Livability and Community Development), Strategy 4 — Implement the updated 2024- 2028 Economic Development Strategic Plan initiatives, which includes ensuring the vibrancy of Pleasanton' s downtown.

Submitted by: Fiscal Review: Appr ved by:

Lisa damos Susan Hsieh Gerry Beaudin
Economic Development Manager Director of Finance City Manager Attachment:

1. Resolution Levying the 2024 Annual Assessment for the Downtown Pleasanton Business Improvement District

Page 3 of 3 ends

Attachment 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, LEVYING THE 2024 ANNUAL ASSESSMENT FOR THE DOWNTOWN PLEASANTON BUSINESS

IMPROVEMENT DISTRICT
WHEREAS, the City of Pleasanton has heretofore established a Pleasanton Downtown Business Improvement District, the purposes and boundaries of which are set forth in Chapter

5. 28, Pleasanton Municipal Code; and
WHEREAS, the City of Pleasanton has heretofore appointed an Advisory Board for the Pleasanton Downtown Business Improvement District; and
WHEREAS, said Advisory Board has prepared an annual report and budget in accordance with the statutory requirements of the Streets and Highways Code, § 36534; and WHEREAS, the City Council at its meeting on October 3, 2023, accepted and approved the 2023 Annual Report and 2024 Budget of the Downtown Pleasanton Business Improvement District, in accordance with the Streets and Highways Code, § 36533; and WHEREAS, a duly noticed public hearing, as provided in § 36534 of the Streets and Highways Code was held before the City Council on November 7, 2023, to consider the levy of the proposed annual assessment; and
WHEREAS, there were protests regarding the proposed assessment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1: The City Council hereby levies the 2024 annual assessment for the Downtown Pleasanton Business Improvement District.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on November 7, 2023.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 7th day of November, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney
3 THE CITY OF
77ir"" CITY COUNCIL AGENDA REPORT

PLEASANTON
November 7, 2023
City Attorney
City Manager
TITLE: INTRODUCE AND WAIVE FIRST READING OF AN ORDINANCE AMENDING CHAPTER 6. 28 OF THE MUNICIPAL CODE REGARDING

CONSOLIDATION OF NEWSRACKS LOCATED IN THE PLEASANTON

DOWNTOWN AREA

SUMMARY
Currently, there are five freestanding newsracks located along Main Street in the Pleasanton downtown area, located at 201 Main Street, 300 Main Street, 624 Main Street, 855 Main Street, and 900 Main Street. For each of these, the City owns the newsrack, while individual media companies own, manage and service the compartment that is inserted into the newsrack. Over the many years the newsracks have been in place, these compartments have not been maintained or kept in good repair by the servicer, leaving them riddled with clutter, debris, dust, and broken windows. To address this, staff is recommending the City Council adopt an ordinance consolidating newsracks in the downtown area into three City- owned newsracks to be located at 201 Main Street, 624 Main Street and 400 Old Bernal Avenue, on property owned by the City.

RECOMMENDATION
Introduce and waive first reading of an ordinance amending chapter 6. 28 of the Municipal Code regarding consolidation of newsracks located in the Pleasanton downtown area.

FINANCIAL STATEMENT
The purchase of three new newsracks is estimated to be approximately $ 16, 000; this would be allocated from the Downtown Beautification Fund. The cost of demolishing the existing newsracks, installation of the new newsracks, and clean up and restoration of the ground removal will be absorbed by the Public Works Department' s fiscal year budget. As well, routine cleaning and upkeep of the new newsracks will be incorporated into the City' s regular downtown maintenance activities.

Page of

BACKGROUND
Newsracks on public sidewalks are a means of distributing speech that cannot be wholly prohibited under the First Amendment. However, cities may impose reasonable restrictions on the time, place or manner of the placement of newsracks. The City' s existing newsrack ordinance ( Chapter 6. 28 of the Municipal Code, provided in Attachment 1) regulates privately- owned newsracks citywide, including governing the permissible types and placement of newsracks.

There are currently five freestanding newsracks located along Main Street in the Pleasanton downtown area, located at 201 Main Street, 300 Main Street, 624 Main Street, 855 Main Street, and 900 Main Street. For each of these, the City owns the newsrack, while individual media companies own, manage and service the individual newsrack compartments that are inserted into the newsrack. With technology changing the manner in which people read the news, or advertise for events or services, the five existing newsracks in the downtown area are no longer in full use, and the compartments have not been maintained or kept in good repair by the media owner/ servicer, leaving them riddled with clutter, debris, dust, and broken windows.

Photos of the condition of these newsracks with the compartments are provided below.

J
201 Main Street

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300 Main Street
624 Main Street
a.
855 Main Street

Page 3 of 6 ends

900 Main Street

DISCUSSION
A consolidation of newsracks in the downtown area is intended to enable more public sidewalk space in the downtown area to ensure a clear and accessible path of travel, enhance the pedestrian-friendly atmosphere, and improve the appearance and maintenance of the newsracks and the individual compartments.

To address this, staff is recommending the City Council adopt an ordinance consolidating newsracks in the downtown which is defined as the boundary of the Downtown Pleasanton Business Improvement District area. Under the proposed ordinance, any entity that distributes publications in the downtown area will be required to utilize City- owned newsracks to be located at 855 Main Street, 624 Main Street, and 400 Old Bernal Avenue for such distribution. These three locations place the newsracks on property owned by the City.

The research conducted by staff regarding the purchase of newsracks revealed a significant decline in the market for newsrack structures. Notably, the vendor initially selected informed staff of its discontinuation of operations, such that it is unable to fulfill newsrack orders-, however, it referred staff to another vendor. Staff has ascertained that newsracks are still available for purchase, but they will be provided in a style similar to the structure depicted in the image below. To ensure the newsracks harmonize with the downtown streetscape, they will be painted in the same ' Pleasanton green' color as other fixtures in the downtown area, such as bicycle racks and light poles. The lead time for the delivery of these newsracks, once they are purchased, is estimated to be approximately six weeks.

Page • 1 of e
i
Proposed newsrack
The City will be responsible for installing the newsracks in the downtown area, and for routine cleaning and upkeep of the new newsracks as part of the City' s regular downtown maintenance activities. Media owners/ servicers will apply to use a space in the newsrack( s), choosing whether their compartment will allow for free distribution or require payment with a coin- operated compartment. The City will provide the compartments for free distribution as part of the newsrack, while any coin- operated compartments will need to be purchased and operated by the media owner/servicer.

Accordingly, the proposed ordinance amendments also directs the City Manager to approve and implement an administrative policy regarding the application process for using the City-owned newsracks.

The City provided notice of the proposed consolidation to the owners of existing newsrack compartments in the downtown area. Responses to initial staff outreach and a formal notification letter indicate that four media companies — Embarcadero Media/ Pleasanton Weekly, Independent News, Circulation Management, Inc., and Bay Area News Group/East Bay Times — are interested in having a compartment in the new newsracks. Additionally, staff provided notice of the proposed consolidation to the Pleasanton Downtown Association. The PDA acknowledged the newsrack consolidation addresses a long- standing maintenance issue and is not opposed to the change, while also offering its interest in continuing to enhance the downtown streetscape such as with more benches/ seating that would encourage downtown patrons to fully enjoy the downtown area.

For newsracks located outside of the downtown area, the provisions of the existing newsrack ordinance ( chapter 6. 28 of the municipal code) will continue to apply.

Specifically, the ordinance notes that newsracks will be maintained " in a neat and clean condition and in good repair at all times", and further that newsracks " that have been damaged or stolen shall be replaced or repaired as soon as is practical, unless the

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permit holder wishes to abandon the location, in which event the permit holder shall promptly remove its newsrack or compartment, as the case may be... When use of any newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, normal wear and tear excepted." Concurrent with the consolidation in the downtown area, staff will initiate contact with the owners/ servicers of newsracks toward enforcing the requirements outlined in the municipal code.

The proposed ordinance qualifies for a categorical exemption under the California Environmental Quality Act ( CEQA) as Class 1 — Existing Facility.' This CEQA exemption applies to the " restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety." The proposal to consolidate newsracks in the downtown area is a restoration or rehabilitation of existing newsracks that are already permitted in the downtown area.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Building a Community Where Everyone Belongs, Strategy 4— Implement the updated 2024- 2028 Economic Development Strategic Plan initiatives, including retail revitalization, ensuring the vibrancy of Pleasanton' s downtown, business retention and expansion, and workforce development.

Submitted by: Fiscal Review: Approved by:
amelaOtt Wes Cheung Susan Hsieh Gerry Beaudin
sistant City Deputy City Finance Director City Manager
Manager Attorney
Attachment:

1. Proposed ordinance
1 See Title 14 Cal. Code of Regulations § 15301.

Page 6 of 6 ends

ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING CHAPTER 6. 28 OF THE MUNICIPAL CODE REGARDING

CONSOLIDATION OF NEWSRACKS LOCATED IN THE DOWNTOWN AREA WHEREAS, with technology changing the manner in which people read the news, learn about apartments for rent, or advertise for events or services, the five existing newsracks in the downtown area are no longer in full use; and
WHEREAS, a consolidation of downtown newsracks.. and delegation of authority to the City Manager to adopt and implement an administrative newsrack policy for the downtown area, will enable more public sidewalk space in the downtown area to be re- purposed for community and public use, enhance the pedestrian- friendly atmosphere, and improve the appearance and maintenance of the remaining newsracks.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Finds that the proposed amendments to the Pleasanton Municipal Code have no possibility to have a significant effect on the environment per Title 14 California Code of Regulations ( CEQA Guidelines) § 15061( b)( 3).

SECTION 2. Chapter 6. 28 NEWSRACKS is hereby amended as set forth in the attached Exhibit A.

SECTION 3. A summary of this ordinance shall be published once within fifteen ( 15) days after its adoption in " The Valley Times," a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen ( 15) days in the City Clerk' s office within fifteen ( 15) days after its adoption.

SECTION 4. This ordinance shall be effective thirty ( 30) days after its passage and adoption.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on the 711 day of November, 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Karla Brown, Mayor
ATTEST:

Jocelyn Kwong. City Clerk

Page 1 of 10 ends

Dated:

APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney

Page 2 of 10 ends

EXHIBIT A

6. 28 Newsracks
Article I. Generally

6. 28. 010 findings— purpose.

The city council finds and declares that:
a. There is a substantial governmental interest in promoting the public health, safety, welfare and convenience by ensuring that persons may reasonably use the public streets, sidewalks, rights- of-way, and other public property without interference with such use.
b. Public streets and sidewalks are public forums and their reasonable use in distributing and circulating newspapers by means of newsracks is not only a constitutionally protected right but serves a significant purpose in providing access to news for citizens of the city.

C. The reasonable use of newsracks within the public rights- of-way and other public property can be accomplished without interfering with the normal and reasonable use of these areas by the public, all while still providing ample access to the news. d. The public health, safety, welfare and convenience require that:
1 . Unreasonable interference with motorist or pedestrian traffic be avoided;

2. Obstruction of views of traffic signs and street- crossing pedestrians be eliminated;

3. Damage done to sidewalks or streets be minimized and repaired;

4. The good appearance of the public streets and grounds be maintained,-

5. aintained;

5. Trees and other landscaping be allowed to grow without disturbance;

6. Access to emergency and other public facilities be maintained; and

7. Ingress and egress from properties adjoining the public rights- of-way be maintained.
e. The regulation of newsracks as set forth in this chapter provides the least intrusive and burdensome means for ensuring the purposes stated in this section are carried out while still providing ample opportunities for the distribution of news to the citizens of the city via newsracks located within public rights-of-way and public property.

Page 3 of 10 ends

f. With fewer printed newspapers, free magazines, and advertisements, it is appropriate to consolidate newsracks in the downtown.

6. 20. 020 definitions.

For purposes of this chapter the following words and phrases shall have meanings as follows:
a. " Downtown" means that area of the city designated as the Business Improvement District.
b. " Newsrack" means any self-service, coin- operated or credit card- activated box, container, storage unit, kiosk, or other dispenser installed, used or maintained for the sale or distribution of publications.

C. Publications" means any newspapers, news periodicals, magazines, or other news or informational/ advertising publications.

Article Il. Newsracks in downtown

6. 20. 0230 Newsracks in downtown
a. No privately owned newsracks shall be allowed in downtown. b. Any entity that distributes publications in downtown shall only utilize City_ owned newsracks located at 855 Main Street and 300 Main Street and 400 Old Bernal Avenue for such distribution.

C. The city manager shall approve and implement an administrative policy regarding the use of City- owned newsracks in downtown. Any entity that distributes publications in downtown is subject to the application requirements and other provisions of this policy.

Article III. Newsracks in other areas of the city

Page 4 of 10 ends

r

6. 28. 040 Application.

This article applies to all areas of the city except downtown.

6. 28. 0250 Encroachment permit— required.

Prior to installation of any newsrack or similar dispenser on public property, within the public right- of-way of any street, or within any public easement adjacent to any street, the person or persons responsible for such installation, use and/ or maintenance shall apply for and secure an encroachment permit as provided in chapter 13. 04 of this code, except, however, no fees or bonds shall be required. No encroachment permit shall be issued except in conformance with this chapter. Any person may establish a single master encroachment permit covering any number or all of his or her newsracks within the city.

6. 28. 0630 Encroachment permit— application.

The encroachment permit application shall state the name( s) and address( es) of those responsible for installation, use and maintenance of the newsrack( s) subject to the permit, and shall describe with particularity the location( s) proposed for installation.

The application shall be approved and an encroachment permit issued within 10 calendar days if the type of newsrack and the location( s) proposed meet the standards set forth in this chapter. If some, but not all, of the proposed locations conform to the standards for newsrack placement, the application shall be approved and an encroachment permit issued for those locations conforming to the standards.

6. 28. 0740 Encroachment permit—appeal.

If an application is disapproved, in whole or in part, the community development director shall notify the applicant( s) promptly, explaining fully the reasons for denial of an encroachment permit. The applicant( s) shall have 15 days following receipt of such notice to appeal the denial to the- city E$ city manager.

Page 5 of 10 ends

6. 28. 050 Encroachment permit— amendment.

A person securing an encroachment permit may install and maintain additional newsracks by an amendment to the permit originally granted to that person. The rules and procedures of sections 6. 28. 020 through this section shall also apply to the review and approval of any such amendment.

6. 28. 0950 Permissible types of newsracks.
a. Multiunit configurations. Newsracks in a multiunit configuration standard in trade use permanently affixed to the ground in a manner conforming to a standard detail for permanent installation of newsracks as established by the community development director shall be required or permitted as follows:
features and basiG heritage theme of the area beunded by the westeFly right of way line the cath and bern-al--
nue on the south, whiGh- iR this Ghapter shall be designated the multiunit GE) RfiguFatieR-.

2. Areas outside the hbd. Multiunit GeRfigurations shall be peFmitted in areas b. Single- unit configuration. Any single newsrack of standard design commonly in trade use may be either movable or permanently affixed to the ground in the following circumstances:
hb#e
les;
21 4.1 air tocat+e tsfd t e bbd Single- unit newsracks shall not be chained, bolted or otherwise attached to any property not owned by the owner of the newsrack without the consent of the owner of the property. Single-unit newsracks shall not be chained, bolted or otherwise attached to any tree, shrub or other plant nor situated upon any landscaped area.

C. Permissible height and arrangement. The height of any newsrack shall be no greater than five feet measured from the ground to the top surface of the newsrack.

Page 6 of 10 ends

The compartments of multiunit newsracks shall be placed in such a manner as to utilize no more than two horizontal rows of six compartments per row.

6. 28. 0 standards for newsrack placement in hister Gal business distriG No newsrack shall be installed, used or maintained in any location upon public property, within rights- of-way, or within public easements adjacent to streets ire the hbd where such installation, use or maintenance endangers the safety of persons or property, or interferes with public utility, public transportation, or other government use, or unreasonably interferes with or impedes the flow of pedestrian, bicyclist, or vehicular traffic, the ingress into or egress from any residence, place of business, or any legally parked or stopped vehicle, or the use of traffic signs or signals, hydrants or mailboxes.

Except as allowed pursuant to section 6. 28. 080, the following general standards shall apply:
a. When a sidewalk is contiguous to a street curb, newsracks shall be placed on the side of the sidewalk away from the curb so that the back edge of the newsrack is not farther than six inches from the edge of the sidewalk. b. When a sidewalk is separated from a street by a planter strip, newsracks may be placed on either side of the sidewalk so that the back edge of the newsrack is no farther than six inches from the edge of the sidewalk; newsracks may not be placed adjacent to the curb.

C. When a newsrack is placed adjacent to the wall of any building, the newsrack shall be placed with its long axis parallel to the building and with the back edge of the newsrack at least six inches away from the building. d. Clear space for pedestrian/ bicycle passage shall be maintained as follows:

1. Sidewalks of more than eight feet in width, at least six feet clear space;

2. Bicycle- pedestrian paths, at least eight feet clear space;

3. Sidewalks of less than eight feet in width, at least three feet clear space. e. No newsrack shall be installed, used or maintained within the following distances, measured parallel to the street unless otherwise indicated, from the following:
1 . Within three feet of any marked crosswalk;

2. Within the area adjacent to the curb return of any intersection with unmarked crosswalks;

Page 7 of 10 ends

3. Within three feet of any unmarked crosswalk at a " t" intersection;

4. Within a five-foot radius of any fire hydrant, fire call box, or other emergency facility;

5. Within three feet of any driveway, entrance to a building, or sidewalk leading to the entrance of a building;

6. In front of, or so situated so as to impede access to, any bus bench or shelter;

7. Within three feet of any no- parking or no- stopping zone, unless the newsrack is located on the side of the sidewalk farthest from the street.

6. 28. 10080 Modification of placement standards.

The community development director may waive or modify the standards for newsrack placement contained in this chapter upon a showing of good cause and upon his or her determination that placing a newsrack at the location requiring the modification would not endanger the public health or safety. Notice of any modification approved by the community development director shall be given to the city council who may choose to review his or her decision. No modification or waiver shall be effective until one day following the city council meeting after notice of the modification or waiver has been made. Should the city council wish to review the matter, no modification or waiver shall be effective until the city council has acted.

6. 28. Maintenance required.

Each newsrack shall be maintained in a neat and clean condition and in good repair at all times.

6. 28. 1 30N repair of damaged newsracks— removal upon discontinuance.

Newsracks that have been damaged or stolen shall be replaced or repaired as soon as is practical, unless the permit holder wishes to abandon the location, in which event the permit holder shall promptly remove its newsrack or compartment, as the case may be. When use of any newsrack is permanently discontinued, it shall be removed and the location restored to its previous condition, normal wear and tear excepted.

Page 8 of 10 ends

6. 28. 1 advertising.

No newsrack shall be used for advertising signs or publicity purposes other than one concerned with the display, sale or distribution of the newspaper distributed from it.

6. 28. 1 identification.

Every person maintaining a newsrack under the terms of this chapter shall have his or her name, address telephone number and email address affixed to it in a place where such information will be readily visible.

6. 28. 100W abatement of violation.
a. Removal sanctioned. A newsrack installed or maintained in violation of this chapter may be seized and removed by a public officer of the city or his or her designee if it is impractical for the public officer to remedy the violation by moving the newsrack to another point on the sidewalk or public right- of-way.
b. Notification prior to removal. Before any newsrack is seized, the person responsible for its installation and maintenance shall be notified and given five days to remedy the violation or request a hearing before the community development director to contest seizure. Notice shall be given in writing and sent to the address stated on the newsrack encroachment permit application or the newsrack and an additional notice tag shall be affixed to the newsrack on the date of notice. The latter notice shall be sufficient when no identification is shown on the newsrack and no permit has been issued. f the person responsible for the newsrack does not respond to the City s notice within 10 days of such notice, the newsrack will be considered to be abandoned and will be removed.

C. Hearing may be required. A person notified under subsection b of this section may request a hearing before the community development director by making a written request to the office of the director. The hearing shall be informal, but oral and written evidence may be given by both sides. Any action by the city with respect to the alleged violation shall be stayed pending the director' s decision following the hearing. d. Seizure and retention of newsracks. The time period requiring remedy of a violation having run, or any appeal having been lost, the city may seize and remove the

Page 9 of 10 ends

newsrack in violation of this chapter. The responsible party shall be notified of the seizure. Seized newsracks shall be retained by the city and may be recovered by the responsible party within 30 days from their seizure upon payment of the costs incurred by the city for seizure and removal.
e. Seizure without notice if imminent danger. Notwithstanding the provisions of subsection b of this section, prior notice of seizure is not required where the newsrack poses an immediate danger to pedestrians or vehicles, provided notice of the seizure and an opportunity to contest is given to the person responsible for the seized newsrack within five days after the seizure.
f. Removal of abandoned newsracks. Abandoned newsracks may be removed by a public officer or his or her designee and may be disposed of if it is not claimed by the responsible party within 30 days. Newsracks remaining empty for 30 days or not claimed within 30 days of seizure shall be deemed abandoned, except that a newsrack remaining empty due to labor strike or any temporary interruption of distribution or publication by the newspaper sold from that newsrack shall not be deemed abandoned.

6. 28. 17040 liability insurance.

Each person, prior to the granting of an encroachment permit under this chapter, shall furnish to the city a certificate showing that such person has then in force public liability and property damage insurance, naming the city as an additional insured, in an amount and in a form approved by the city attorney^^+, got- less 100, 000. 00 Fnn6mum 1ab loty combined single " mat ( bedily injury and prepeFty darnage) peF persen and pe GGGUrreRGe. The permit holder shall pFevide and keep in forGe that PGliGY Of puh-hn teFms ef this Ghapter. The evidenGe of insuranGe filed with the Gity shall iRGlUde a statement by the ince Fanne Carrier that 30 days' RGtiGe will be given to the Gity befoFe aRYGaflE

6. 28. 18050 indemnification.

Every person operating or maintaining a newsrack upon or within the public property, rights-of-way or public easements adjacent to streets of the city shall agree, prior to the granting of an encroachment permit, to indemnify and hold harmless the city, its officers and employees, from any loss, liability, damage, or cost sustained by any person o r property, arising from the installation, operation o,r` of such newsrack,
p-revaded,- ho-weve-Fth t Boilgat} g} Ao4wk- Rr} fy #(344 harmless the c ty--tt E) ff'GeFs and employees, shall not extend to any 1c) ss, liability, darnage GF GE) st resultiRg from the aGtS or property of another.

Page 10 of 10 ends

4 CITY OF PLEASANTON

CITY COUNCIL MEETING MINUTES
September 19, 2023

CLOSED SESSION

CALL TO ORDER
Mayor Brown called the meeting to order at the hour of 5: 30 p. m. from the City Manager Conference Room located at 123 Main Street.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown

Absent: None
Councilmember Testa arrived at 5: 37 p. m.

PUBLIC COMMENT
Mayor Brown opened public comment. The following individuals provided comment: Matt Maciel.

ADJOURN TO CLOSED SESSION pursuant to Government Code section 54957( a):

1. CONFERENCE WITH LABOR NEGOTIATORS per Gov' t Code § 54957. 6:

Agency designated representatives: Veronica Thomas, Director of Human Resources and Labor Negotiations; and Xaviera Scoggins, Human Resources Manager Unrepresented employee: City Manager

ADJOURNMENT
The meeting adjourned at 6:35 p. m.

SPECIAL MEETING

CALL TO ORDER
Mayor Brown called the special meeting of the City Council to order at the hour of 7: 00 p. m. from the Operations Services Center in the Remillard Conference Room located at 3333 Busch Road.

Councilmember Balch provided opening remarks.

ROLL CALL

Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown

Absent: None

REPORT ON CLOSED SESSION
City Attorney Dan Sodergren stated there was no reportable action.

AGENDA AMENDMENTS
City Manager Beaudin continued item 6 to a future meeting.

CONSENT CALENDAR
City Manager

1. Approve meeting minutes of August 15, August 24, and August 29, 2023 Recommendation: Approve the minutes of August 15, August 24, and August 29, 2023.

Community Development

2. Actions of the Zoning Administrator and Planning Commission Recommendation: Approve the actions of the Zoning Administrator and Planning Commission.

3. Public Hearing - Adopt a resolution readopting the 2023- 2031 ( 61h Cycle) Housing Element as certified by the California Department of Housing and Community Development Recommendation: Waive the full reading and adopt Resolution No. 23- 1414 readopting the 2023- 2031 ( 6th Cycle) Housing Element as certified by the California Department of Housing and Community Development

4. Approve a second amendment to the professional services agreement with First Carbon Solutions, extending the term and augmenting the scope and compensation by $ 84, 578 for additional required environmental review, for a revised not-to-exceed total contract amount of 346, 594 and approve a new reimbursement agreement with Ponderosa for these services in a commensurate amount, related to the proposal of 30 single- family detached homes, associated improvements, and land dedication on the Lester and Ponderosa Properties Recommendation:

1. Authorize the City Manager to execute a second amendment to the PSA with FCS, updating the scope of work, extending the term, and adding compensation in the amount of $ 84, 578, for a revised total not- to- exceed contract amount of $ 346, 594 ( including the $ 28, 976 contingency) for continued services related to the EIR preparation, subject to minor modifications approved by the City Manager and City Attorney.

2. Authorize the City Manager to execute a new Reimbursement Agreement with Ponderosa Homes for reimbursement of all costs associated with the PSA with FCS, subject to minor modifications approved by the City Manager and City Attorney.

5. Approve the funding agreement with the Tri- Valley Transportation Council related to accepting TriValley Transportation Development funds in the amount of $2, 650,000 and amend the professional services agreement with AECOM Technical Services adding additional services for the next phase of design in the amount of $ 4, 340, 332 for a new total contract amount not to exceed $ 6, 062, 156 for the Sunol Interchange Improvement Project, ( CIP No. 15551) Recommendation:

1. Approve and authorize the City Manager to execute a funding agreement between the City of Pleasanton and the Tri- Valley Transportation Council for $2, 650, 000 in Tri- Valley Transportation Development Fee ( TVTDF) funds for the Sunol Interchange Modification Project C- 6)/( CIP No. 15551).

City Council Special Minutes Page 2 of 5 September 19, 2023

2. Approve and authorize the City Manager to execute the Third Amendment to the Design Professional Services Agreement between the City of Pleasanton and AECOM Technical Services, Inc., to include an additional $ 4, 340, 332 in design services for a new total contract amount of $ 6, 062, 156.

6. Continued to future meeting: Public Hearing - Introduce and waive first reading of an ordinance approving an application to establish development standards for an existing singlefamily residence located at 2207 Martin Avenue ( PUD- 148) Finance

7. Accept the Monthly Disbursements and Investment Report for July 2023 Recommendation: Accept the Monthly Disbursements and Investment Report for July 2023.

Public Works

8. Approve the fourth amendment to agreement for as- needed electrical services with Harvey Electric by increasing the not-to- exceed amount by $ 400,000 for fiscal year 2023/ 24 for a total cumulative not- to- exceed amount of $ 1, 500, 000 over a five- year term Recommendation: Authorize the City Manager to amend the as- needed agreement with Harvey Electric by increasing the not-to- exceed amount to $400, 000 for FY 2023/ 24 (to June 30, 2024), which increases the total cumulative not- to- exceed amount to $ 1, 500, 000 over five years.

MOTION: It was m/ s by Balch/ Nibert to approve the consent calendar as recommended except for item 6 which was removed from consent calendar. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None

Absent: None

MEETING OPEN TO THE PUBLIC

9. Presentation of a commendation to the Bernardi Family for winning the National Bocce Championship
Councilmember Balch presented the commendation to the Bernardi Family.

10. Presentation of a Proclamation declaring September 17- 23 as Constitution Week Councilmember Balch presented the proclamation to Sue Deleeuw from the Daughters of the American Revolution organization.

11. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. The following individuals provided comment: Pat O' Brian, Marti Sutton, and Donna Cabanne.

Mayor Brown closed public comment.

City Council Special Minutes Page 3 of 5 September 19, 2023

PUBLIC HEARINGS AND OTHER MATTERS

12. Introduction of proposed Memorandum of Understanding between the City of Pleasanton and the Pleasanton Police Officers' Association for a three- year term ending May 31, 2026 Recommendation: Provide comment regarding the key elements of the tentative agreement negotiated between the Pleasanton Police Officers' Association and the City of Pleasanton.

City Manager Beaudin introduced the item and staff. Tim Davis with Burke Williams & Sorensen presented the item and responded to questions.

Mayor Brown opened public comment. The following individual provided comment: Brian Jewell.

Mayor Brown closed public comment.

13. Public Hearing —Adopt resolutions to amend the Master Fee Schedule for water and sewer rates effective November 1, 2023, and January 1, 2024 for sewer and water rates, respectively Recommendation: Accept the 80 validated protests to the rate changes received as of the close of business on September 8 ( the date of the drafting of the report) as well as any additional protests received through the public hearing on September 19, 2023. If the City does not receive written protests to the rate changes from more than 50 percent of the affected customers, staff recommends the City Council waive the full reading and adopt resolutions for the proposed changes in the Master Fee Schedule to be effective November 1, 2023, and January 1, 2024, for both water and sewer rates.

City Manager Beaudin introduced the item and staff. Norm Dorais, Interim Public Works Director, Tamara Baptista, Assistant Director of Public Works, and Brian Bass with Raftelis Financial Consultants presented the item and answered questions.

Mayor Brown opened the public hearing to receive comments. The following individuals provided comment: Charles Abney, Lon, Sanjay Kamat, Vicki LaBarge, Deseree Ralph, Jim McEnerney, Stephen Wallace, Vasudha Gadre by Sanjay Kamat, Jon Krueger, and Linda Kelly.

Mayor Brown reported at 9: 09 p. m. that Councilmember Testa left the meeting due to family emergency and would not be returning to the meeting.

Mayor Brown called for a recess at 9: 53 p. m. The meeting reconvened at 10: 04 p. m.

The Mayor resumed the public hearing. The following individuals provided comment: Art Gwerder, Larry Gossett, Arne Olson, Rosalind Rondas, Mike Chen, Kelly Ceglio, Deepak, Ganesh, Billie Otis, Dean Wallace, Bart Hughes, and Faiza Amer.

Mayor Brown closed the public hearing.

Mayor Brown called for a recess at 10: 45 p. m. to verify tabulation of submitted written protests.

The meeting reconvened at 10: 52 p. m.

Norm Dorais, Interim Public Works Director, reported that 202 written protests were received by the close of the public hearing.

City Council Special Minutes Page 4 of 5 September 19, 2023 MOTION: It was m/ s by Balch/ Arkin to continue the item for Council deliberation and final action at the November 7, 2023, City Council meeting. Motion passed by the following vote:

Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: None

Absent: Councilmember Testa

14. Receive update on Water Supply Alternatives study and preliminary results indicating two new wells as the preferred water supply alternative project Recommendation: Receive an update on the Water Supply Alternatives Study and preliminary results indicating two new wells as the selected water supply alternative project.

City Manager Beaudin introduced the item and staff. Norm Dorais Interim Public Works Director, and Jenny Gain, San Francisco Bay Area One Water Regional Leader and Managing Engineer with Brown and Caldwell, presented the item.

The City Council received the update and provided feedback.

MATTERS INITIATED BY COUNCIL — None.

COUNCIL REPORTS
Councilmembers reported on regional and local agency meetings attended.

ADJOURNMENT
Mayor Brown adjourned the special meeting at 12: 10 a. m.

Jocelyn Kwong, City Clerk
City Council Special Minutes Page 5 of 5 September 19, 2023 5 THE CITY OF

CITY COUNCIL AGENDA REPORT

PLEASANTON,
November 7, 2023
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING

COMMISSION
P23- 0727, Patricia Ruvalcaba
Application for Administrative Design Review to construct an approximately 400- squarefoot, single- story addition to the rear of the existing residence located at 286 Kottinger Drive.

Project Information.-
Existing
nformation:

Existing floor area: 1, 696 square feet
Total floor area with addition: 2, 097 square feet
Lot size: 7,440 square feet
Existing floor area ratio: 22. 80 percent
Total floor area ratio with addition: 28. 19 percent
Approved. ( 13 days)
P23- 0732, David Ford
Application for Sign Design Review approval to install four new halo- illuminated, wallmounted signs on the North ( front), West ( side), East ( side), and South ( rear) elevations of an existing commercial building located at 7139 Koll Center Parkway.

Approved. ( 11 days)
P23- 0731, Victor Ruesga
Application for Administrative Design Review to construct a detached patio cover with an approximate height of 13' 4" in the rear of the residence located at 1350 Benedict Court.

Approved. ( 14 days)
P23- 0756, Mike Carey
Application for Administrative Design Review to repair/replace the existing shake/ composition shingle roof to a composition shingle roof on an existing home historic resource) located at 621 St. Mary Street.

Approved. ( 9 days)
Submitted by: Approved by:

CLY
Ellen Clark Gerry Beaudin
Director of City Manager
Community
Development

Page 2 of 2 ends

THE CITY OF
R-° ' ot. T., ""

CITY COUNCIL AGENDA REPORT

PLEASANTON,
November 7, 2023
Community Development
TITLE: APPROVE A ONE- YEAR RENEWAL ORDER WITH ACCELA FOR LAND

MANAGEMENT SOFTWARE LICENSING AND SUPPORT SERVICES IN
THE AMOUNT OF $ 97, 678, FOR A NEW TOTAL LICENSE AGREEMENT COST OF $ 321, 008 FOR THE FOUR- YEAR TERM THROUGH 2025

SUMMARY
The City has utilized Accela as its land management software system since 2011 and has approved renewal agreements for software licensing and support at different intervals, from one- year to three- year terms.

The current license agreement had an initial term of three years, which expires in December 2023. Staff recommends extending the term of the license agreement for one additional year. The cost for the one- year extension of licensing, support, and maintenance is $ 97, 678, bringing the total cost for four years of licensing to $ 321, 008.

RECOMMENDATION
Approve and authorize the City Manager to execute the attached Order Form with Accela for $ 97, 678, extending the current license agreement for a period of one year through December 13, 2024), for a new total licensing agreement cost of$ 321, 008.

FINANCIAL STATEMENT
Funding for the cost of this extension is available and budgeted in the Permit Center Professional Services account. The existing budget in Fiscal Year 2023/24 is sufficient to cover this cost.

BACKGROUND
In 2011, the City launched the Accela software system to manage land use and community development activities including permitting, inspections, zoning, project planning, and code enforcement. Most recently, in 2020, Council authorized the City Manager to enter into a three- year license agreement with Accela. At that time, staff anticipated that during the three- year term the City and Accela would plan for and initiate a migration to Accela' s cloud- based system. However, during the past three years, priority ultimately was assigned to other efforts, including launching Accela Citizen Access ( ACA) for digital building permit submittals, DigEplan for electronic plan review, and SolarApp+ for streamlined photovoltaic permitting.

In August 2023, Accela notified staff that it will no longer provide maintenance for use of the existing on- premise ( non- cloud- based) platform effective June 30, 2025. This maintenance includes updates, service packs, and patches to maintain and enhance the product. While Accela will not provide new updates or patches after June 30, 2025, it will continue to provide support for the existing on- premise platform until December 31, 2025.

DISCUSSION
In addition to discontinuing service and support of on- premise systems, Accela will now only offer annual renewals until December 2025. While staff anticipates migrating Accela to the cloud- based platform in the coming year, there may be a need to exercise an additional one- year extension in 2024, allowable under the existing agreement, if the project requires additional time and resources to complete.

Staff recommends the City Council approve and authorize the City Manager to execute the attached Order Form to continue the agreement with Accela for one year. The attached Order Form covers the period of December 14, 2023 through December 13, 2024, and continues the existing license, maintenance and support services provided by Accela. Continuing the existing software service with Accela will enable the City to move forward with the planned migration to a cloud- based system over the next year while maintaining the functionality of ACA, DigEplan and SolarAPP+ that have been rolled out over the past two years. Accela continues to perform well with these integrated software systems and supports the continued modernization and streamlining of the City' s Permit Center processes.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Optimizing Our Organization, Strategy 2 — Procure and integrate critical software platforms across departments for effective use by City staff and the public. While the Accela software itself is not new to the City, the licensing agreement with Accela has allowed for recent implementation of a number of other critical software platforms which integrate with the Accela system, including DigEplan and SolarApp+, as well as Accela Citizen Access for self-service online permit application submittals by the public.

Continuing the license agreement with Accela allows for opportunities to continue to modernize processes in the Permit Center.

Page 2 of 3 ends

Submitted by: Fiscal Review: IT Re iew: Approved by:
r
Ellen Clark Susan Hsieh A n ammond Gerry Beaudin
Director of Director of irector of City Manager
Community Finance Information
Development Technology
Attachment:

1. Accela Software Renewal Order Form

Page 3 of 3 ends

ATTACHMENT 1
Proposed by: Caitlin Carter
Accela Contact Phone: ( 925) 359- 3411
Contact Email: ccarter@accela. com
Quote ID: Q- 30702
2633 Camino Ramon, Suite 500
Valid Through: 11/ 16/ 2023
San Ramon, CA, 94583 Currency: USD
Renewal Order Form
Address Information
P. O. Box 520 123 Main Street
Pleasanton, California 94566 Pleasanton, California 94566 United States
Billing Email: mdenis@cityofpleasantonca. gov
Services Year Start Date End Date Term Price Qty Net Total Months)
Accela Citizen Access Year 1 12/ 14/ 2023 12/ 13/ 2024 12 $ 11, 325. 43 1 11, 325. 43 Maintenance and Support
Population 69, 000)
Accela Land Management Year 1 12/ 14/ 2023 12/ 13/ 2024 12 979. 14 60 58, 748. 20 Maintenance and Support
Accela GIS Maintenance and Year 1 12/ 14/ 2023 12/ 13/ 2024 12 286. 39 30 8, 591. 85 Support
Accela Mobile Maintenance Year 1 12/ 14/ 2023 12/ 13/ 2024 12 431. 15 15 6, 467. 32 and Support
Multi Solution User Year 1 12/ 14/ 2023 12/ 13/ 2024 12 2, 507. 00 5 12, 535. 00 Accela Building- OnPrem Year 1 12/ 14/ 2023 12/ 13/ 2024 12 0. 00 5 0. 00 Accela Planning- OnPrem Year 1 12/ 14/ 2023 12/ 13/ 2024 12 0. 00 5 0. 00 TOTAL: 97, 667. 80
Pricing Summary

Page 1 of 4 ends

Period Net Total
Year 1 97, 667. 80
Total 97, 667. 80

Page 2 of 4 ends

Renewal Terms/ Information:

General Information
Governing This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Agreement( s) Services will be governed by the applicable terms and conditions. If those terms and conditions are non- existent, have expired, do not apply or have otherwise been terminated, the following terms at https:// www. accela. com/ terms/ will govern as applicable, based on the Customer' s purchase.

Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:

Software Licenses & Subscriptions start on the date of delivery by Accela; Hosting and Support start on Accela' s delivery of the software hosted and/ or supported;.

Order Duration Unless otherwise specified in the Special Order Terms:

Subscriptions continue from the Order Start Date through the number of months listed in this Order Form ( or if not listed, twelve ( 12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customer' s first Subscription purchase.

Any Software Licenses or Hardware are one- time, non- refundable purchases.

Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form ( or if not listed, twelve ( 12) months).

Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.

Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/ or Services items listed on this Order Form.

In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.

For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela' s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally- available offering with comparable functionality.

Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.

Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement( s), all payments are due on the Invoice Date and payable net 30 days.

Service Charge Pricing is based upon payment by ACH or check. Payment by credit card ( including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%.

There is no service charge for ACH or check payment.

Page 3 of 4 ends

Special None unless otherwise specified in this location.

Payment
Terms
Purchase Order If Customer requires PO number on invoices, it must be provided below and Customer must provide a copy of the PO prior to invoice issuance. If no PO number provided prior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

PO#
Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Page 4 of 4 ends

7 THE CITY OF
11 —•• CITY COUNCIL AGENDA REPORT
PLEASANTON.

November 7, 2023
Community Development
TITLE: ADOPT A RESOLUTION OF LOCAL SUPPORT AUTHORIZING THE CITY

OF PLEASANTON TO SUBMIT A STATE TRANSPORTATION

IMPROVEMENT PROGRAM APPLICATION FOR GRANT FUNDS IN THE
AMOUNT OF $ 6 MILLION FOR THE 1- 680/ SUNOL BOULEVARD
INTERCHANGE MODERNIZATION PROJECT, CIP NO. 15551

SUMMARY
The State Transportation Improvement Program ( STIP) is a multi- year capital improvement program administered by the California Transportation Commission. The California Transportation Commission has issued a notice of funding availability for projects where a funding need is anticipated in Fiscal Years 2026/ 27 and 2027/ 28.

Approximately $43. 8 million is anticipated to be available for projects in Alameda County.

The Alameda County Transportation Commission ( Alameda CTC) is responsible for collecting information on projects from local agencies in the county and providing a list of recommended projects to the Metropolitan Transportation Commission ( MTC). The MTC will create a final list from the greater Bay Area for consideration of STIP fund allocation by the California Transportation Commission.

The City submitted a request for $ 6 million for the 1- 680/ Sunol Interchange Modernization Project, CIP 15551 to the Alameda CTC for consideration in the 2024 STIP funding process. The STIP is one of only a few grant programs for which the I680/Sunol Blvd Interchange Modernization Project is eligible for funding. Alameda CTC has included this project on the recommendation list submitted to MTC. Staff recommends submitting final STIP application materials to MTC, including this requested City Council Resolution of Local Support, in November 2023. MTC is expected to approve the final list of STIP- eligible projects in December 2023.

RECOMMENDATION
Approve the Resolution of Local Support authorizing the City to submit a STIP application in the amount of $6 million for the 1- 680/Sunol Boulevard Interchange Modernization Project, CIP 15551.

FINANCIAL STATEMENT
With City Council approval of the resolution, the City will submit a STIP Grant application in the amount of $ 6 million. The programmed budget through FY 2026/ 27 for the 1- 680 Sunol Interchange Modernization Project is $ 9, 230, 168, which includes design and construction work. Should the project be included in the final 2024 STIP list, $ 6 million will be allocated in FY 2027/ 28 toward construction work and staff will request City Council approval to enter into a funding agreement with MTC and seek authorization for any necessary budget actions.

BACKGROUND
The City regularly receives competitive grant funding notices from various sources including the Alameda CTC, MTC, California Department of Transportation ( Caltrans), and the City' s Senate and Congressional representatives. Staff closely reviews these opportunities and pursues grants based on numerous factors, including but not limited to project eligibility, selection criteria, funding need, staff availability, and likelihood of award.

Over the last three years, the City has applied for 10 competitive grants totaling 36, 169, 000. Thus far, the City has been awarded five grants totaling $ 12, 783, 898, for a range of projects including the West Las Positas Multimodal Reconstruction project, and the 1- 580 Overcrossing, supporting both planning/design and construction. To date, the City has been awarded $ 2, 650, 000 in grant funds to support the 1- 680/ Sunol Boulevard Interchange Modernization Project, another $890, 000 is pending in " likely or expected" funds, including award of $850, 000 in federal funds that are included in a Community Project Funding federal earmark.

State Transportation Improvement Grant
The STIP is a multi- year capital improvement program of transportation projects on and off the State Highway System. The program is administered by the California Transportation Commission ( CTC) and funded through the State Highway Account and other funding sources, such as the bonds authorized under the 2024 State Senate Bill

1. County transportation agencies have been delegated to take on a more active role in selecting and programming transportation projects for their communities.

Each STIP cycle, Alameda CTC adopts and forwards a program of STIP projects to the MTC. The MTC is then tasked with reviewing and evaluating proposed STIP projects from the nine- county Bay Area to develop a final regional transportation project list.

This list is then submitted to the CTC for final inclusion in the STIP.

Sunol Interchange Improvement Project
The 1- 680/ Sunol Boulevard interchange is the city' s southernmost access to 1- 680 and experiences a high volume of morning peak hour traffic that causes recurring congestion along Sunol Boulevard. A modification to the interchange is necessary to improve safety and reduce congestion.

Page 2 of 4 ends

Local interchange improvements, although located in Caltrans right- of-way, are always funded by the local agency. Any improvements to the interchange must be completed through the Caltrans project development process, generally consisting of four phases:

Project Initiation Document ( PID); Preliminary Analysis & Environmental Document PA& ED); Design; and Construction. The City completed the PID, also known as the Project Study Report — Project Development Report, in 2020. Later that year, the PA& ED commenced, with CalTrans as the California Environmental Quality Act (CEQA) lead agency. CalTrans is finalizing the approval of the Initial Study/Mitigated Negative Declaration CEQA document.

DISCUSSION
The STIP is one of only a few grant programs for which the 1- 680/Sunol Blvd Interchange Modernization Project is eligible for funding. Projects selected for STIP inclusion typically demonstrate the following (all of which this project fulfills):

Projects must be consistent with the goals of the Alameda Countywide Transportation Plan
Projects must demonstrate complete streets and multi- modal characteristics Projects can leverage funds from other federal, state, and regional programs Projects must be able to or have already successfully navigated the first step in the Caltrans Project Development Process, typically called the Project Initiation Document ( PID)
Projects must have the ability to obtain environmental clearances.

The 2024 STIP fund estimate for Alameda County is $ 64, 236, 000. However, considering prior funding commitments to AC Transit, MTC, and STIP Administration, the total new STIP funding available to Alameda County is $ 43, 804, 000, which will be available for use in FY 2026/ 27 and FY 2027/ 28.

The Alameda CTC requested member agencies submit project nominations and information by September 22, 2023. The City submitted the 1- 680/ Sunol Interchange Modernization Project, Cip No. 15551, which the Alameda CTC recommended for further consideration with MTC. The approved Resolution of Local Support and final STIP application materials are due to MTC by November 10, 2023. Final recommendations for STIP inclusion are anticipated in December 2023.

The current estimated construction cost for CIP 15551 is $ 26 million. The programed budget for CIP 15551 through FY 2026/ 27 is $ 9, 230, 168, which includes $ 4, 903, 132 for design and $ 4, 327, 036 for construction. Should the project be included in the final 2024 STIP list, $ 6 million will be allocated in FY 2027/ 28 and applied toward construction, for a total of $ 10, 327,036. Pursuing additional funding sources/grants for construction would make this project more viable for award, as a STIP allocation would demonstrate a commitment of state highway funds toward an impactful community project. Staff will return to the City Council to execute the required funding agreement upon award notification.

Page 3 of 4 ends

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of, Funding Our Future, Strategy 2 — Identify expanded and new revenue sources to address significant infrastructure needs". The STIP is one of only a few competitive grant funding programs where the 1- 680/Sunol Interchange Modernization is eligible and can be successful in receiving funds. Additionally, this action advances the goal of, Investing in Our Environment, Strategy 1 — Implement the four- year CIP to complete design and construction of budgeted capital projects". The 1- 680/ Sunol Interchange Modernization Project is a City Council Priority Project and is identified as a necessary infrastructure improvement in the General Plan.
itt y: Fiscal Review: Approved by:

Ellen Clark Susan Hsieh Gerry Beaudin
Director of Community Director of Finance City Manager
Development
Attachment:

1. Resolution of Local Support

Page 4 of 4 ends

ATTACHMENT 1

RESOLUTION OF LOCAL SUPPORT
RESOLUTION NO.

AUTHORIZING THE FILING OF AN APPLICATION FOR FUNDING ASSIGNED TO MTC AND

COMMITTING ANY NECESSARY MATCHING FUNDS AND STATING ASSURANCE TO

COMPLETE THE PROJECT
WHEREAS, CITY OF PLEASANTON ( herein referred to as APPLICANT) is submitting an application to the Metropolitan Transportation Commission ( MTC) for$ 6, 000,000 in funding assigned to MTC for programming discretion, which includes federal funding administered by the Federal Highway Administration ( FHWA) and federal or state funding administered by the California Transportation Commission ( CTC) such as Surface Transportation Block Grant Program ( STP) funding, Congestion Mitigation and Air Quality Improvement Program ( CMAQ) funding, Carbon Reduction Program ( CRP) funding, Transportation Alternatives ( TA) setaside/Active Transportation Program ( ATP) funding, and Regional Transportation Improvement Program ( RTIP) funding ( herein collectively referred to as REGIONAL DISCRETIONARY FUNDING) for the 1680/ Sunol Boulevard Interchange Modernization Project ( herein referred to as PROJECT) for the 2024 STATE TRANSPORTATION IMPROVEMENT PROGRAM ( herein referred to as PROGRAM); and
WHEREAS, the United States Congress from time to time enacts and amends legislation to provide funding for various transportation needs and programs, ( collectively, the FEDERAL TRANSPORTATION ACT) including, but not limited to the Surface Transportation Block Grant Program ( STP) ( 23 U. S. C. § 133), the Congestion Mitigation and Air Quality Improvement Program ( CMAQ) ( 23 U. S. C. § 149), the Carbon Reduction Program ( CRP) 23 U. S. C. § 175), and the Transportation Alternatives ( TA) set- aside ( 23 U. S. C. § 133); and WHEREAS, state statutes, including California Streets and Highways Code § 182. 6, 182. 7, and § 2381( a)( 1), and California Government Code § 14527, provide various funding programs for the programming discretion of the Metropolitan Planning Organization ( MPO) and the Regional Transportation Planning Agency ( RTPA); and WHEREAS, pursuant to the FEDERAL TRANSPORTATION ACT, and any regulations promulgated thereunder, eligible project sponsors wishing to receive federal or state funds for a regionally-significant project shall submit an application first with the appropriate MPO, or RTPA, as applicable, for review and inclusion in the federal Transportation Improvement Program TIP); and
WHEREAS, MTC is the MPO and RTPA for the nine counties of the San Francisco Bay region; and
WHEREAS, MTC has adopted a Regional Project Funding Delivery Policy ( MTC Resolution No. 3606, revised) that sets out procedures governing the application and use of REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, APPLICANT is an eligible sponsor for REGIONAL DISCRETIONARY FUNDING; and
WHEREAS, as part of the application for REGIONAL DISCRETIONARY FUNDING, MTC requires a resolution adopted by the responsible implementing agency stating the following:
the commitment of any required matching funds; and
that the sponsor understands that the REGIONAL DISCRETIONARY FUNDING is ATTACHMENT 1
fixed at the programmed amount, and therefore any cost increase cannot be expected to be funded with additional REGIONAL DISCRETIONARY FUNDING; and that the PROJECT will comply with the procedures, delivery milestones and funding deadlines specified in the Regional Project Funding Delivery Policy ( MTC Resolution No. 3606, revised); and
the assurance of the sponsor to complete the PROJECT as described in the application, subject to environmental clearance, and if approved, as included in MTC' s federal Transportation Improvement Program ( TIP); and that the PROJECT will have adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and that the PROJECT will comply with all project- specific requirements as set forth in the PROGRAM; and
that APPLICANT has assigned, and will maintain a single point of contact for all FHWA- and CTC- funded transportation projects to coordinate within the agency and with the respective County Transportation Agency ( CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC- funded transportation and transit projects implemented by APPLICANT; and
in the case of a transit project, the PROJECT will comply with MTC Resolution No. 3866, revised, which sets forth the requirements of MTC' s Transit Coordination Implementation Plan to more efficiently deliver transit projects in the region; and in the case of a highway project, the PROJECT will comply with MTC Resolution No. 4104, which sets forth MTC' s Traffic Operations System ( TOS) Policy to install and activate TOS elements on new major freeway projects; and in the case of an RTIP project, state law requires PROJECT be included in a local congestion management plan, or be consistent with the capital improvement program adopted pursuant to MTC' s funding agreement with the County Transportation Agency ( CTA); and
WHEREAS, that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and
WHEREAS, there is no legal impediment to APPLICANT making applications for the funds; and
WHEREAS, there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and WHEREAS, APPLICANT authorizes its Executive Director, General Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and WHEREAS, MTC requires that a copy of this resolution be transmitted to the MTC in conjunction with the filing of the application.

NOW, THEREFORE, BE IT RESOLVED that the APPLICANT is authorized to execute and file an application for funding for the PROJECT for REGIONAL DISCRETIONARY FUNDING under the FEDERAL TRANSPORTATION ACT or continued funding; and be it further
RESOLVED that APPLICANT will provide any required matching funds; and be it further RESOLVED that APPLICANT understands that the REGIONAL DISCRETIONARY ATTACHMENT 1
FUNDING for the project is fixed at the MTC approved programmed amount, and that any cost increases must be funded by the APPLICANT from other funds, and that APPLICANT does not expect any cost increases to be funded with additional REGIONAL DISCRETIONARY FUNDING; and be it further
RESOLVED that APPLICANT understands the funding deadlines associated with these funds and will comply with the provisions and requirements of the Regional Project Funding Delivery Policy ( MTC Resolution No. 3606, revised) and APPLICANT has, and will retain the expertise, knowledge and resources necessary to deliver federally- funded transportation and transit projects, and has assigned, and will maintain a single point of contact for all FHWA- and CTC- funded transportation projects to coordinate within the agency and with the respective County Transportation Agency ( CTA), MTC, Caltrans, FHWA, and CTC on all communications, inquires or issues that may arise during the federal programming and delivery process for all FHWA- and CTC-funded transportation and transit projects implemented by APPLICANT; and be it further
RESOLVED that PROJECT will be implemented as described in the complete application and in this resolution, subject to environmental clearance, and, if approved, for the amount approved by MTC and programmed in the federal TIP; and be it further RESOLVED that APPLICANT has reviewed the PROJECT and has adequate staffing resources to deliver and complete the PROJECT within the schedule submitted with the project application; and be it further
RESOLVED that PROJECT will comply with the requirements as set forth in MTC programming guidelines and project selection procedures for the PROGRAM; and be it further RESOLVED that, in the case of a transit project, APPLICANT agrees to comply with the requirements of MTC' s Transit Coordination Implementation Plan as set forth in MTC Resolution No. 3866, revised; and be it further
RESOLVED that, in the case of a highway project, APPLICANT agrees to comply with the requirements of MTC' s Traffic Operations System ( TOS) Policy as set forth in MTC Resolution No. 4104; and be it further
RESOLVED that, in the case of an RTIP project, PROJECT is included in a local congestion management plan, or is consistent with the capital improvement program adopted pursuant to MTC' s
funding agreement with the County Transportation Agency ( CTA); and be it further
RESOLVED that APPLICANT is an eligible sponsor of REGIONAL DISCRETIONARY FUNDING funded projects; and be it further
RESOLVED that APPLICANT is authorized to submit an application for REGIONAL DISCRETIONARY FUNDING for the PROJECT; and be it further RESOLVED that there is no legal impediment to APPLICANT making applications for the funds; and be it further
RESOLVED that there is no pending or threatened litigation that might in any way adversely affect the proposed PROJECT, or the ability of APPLICANT to deliver such PROJECT; and be it further

ATTACHMENT I
RESOLVED that APPLICANT authorizes its Executive Director, General Manager, City Manager, or designee to execute and file an application with MTC for REGIONAL DISCRETIONARY FUNDING for the PROJECT as referenced in this resolution; and be it further
RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and be it further
RESOLVED that the MTC is requested to support the application for the PROJECT described in the resolution, and if approved, to include the PROJECT in MTC' s federal TIP upon submittal by the project sponsor for TIP programming.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on November 7, 2023.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on November 7, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney

THE CITY OF

W CITY COUNCIL AGENDA REPORT
PLEASANTON.

November 7, 2023
Finance
TITLE: ACCEPT THE MONTHLY DISBURSEMENTS AND INVESTMENT REPORT FOR SEPTEMBER 2023

SUMMARY
Attached is the City of Pleasanton monthly disbursements and investment report for the month of September 2023.

RECOMMENDATION
Staff recommends that the City Council accept claim disbursements in the amount of 15, 989, 176 and the investment report for the month of September 2023.

Submitted by: Approved by:

Susan Hsieh Gerry Beaudin
Director of Finance City Manager

THE CITY OF
11 M mwfmq mmlm m
PLEASANTON. SEPTEMBER 2023 DISBURSEMENTS
CHECK REGISTER*

DATE CHECK NUMBER AMOUNT
9/ 7/ 2023 55908- 55997 597, 472
9/ 11/ 2023 56006- 56026 607, 807
9/ 14/ 2023 56029- 56100 2, 992, 723
9/ 15/ 2023 56103- 56109 55, 204
9/ 21/ 2023 56112- 56276 1, 519, 493
9/ 22/ 2023 56289- 56293 119, 538
9/ 28/ 2023 56294- 56296 88, 405
9/ 28/ 2023 56297- 56404 1, 105, 398
7, 086, 039

ACH PAYMENTS

DATE CHECK NUMBER AMOUNT
917/ 2023 55998- 56005 155, 332
9/ 11/ 2023 56027- 56028 1, 241, 690
9/ 14/ 2023 56101- 56102 60, 901
9/ 15/ 2023 56110- 56111 265, 347
9/ 21/ 2023 56277- 56288 442, 843
9/ 28/ 2023 56405- 56413 2, 675, 776
Payroll & Tax related ACH Payments 801, 621
5, 643, 509

WIRE TRANSFERS AMOUNT
Wire Transfers
Investment of Funds
Wire Transfers Net of Investments

PAYROLL TRANSFERS

DATE AMOUNT
9/ 7/ 2023 1, 627, 074
9/ 21/ 2023 1, 569, 973
9/ 28/ 2023 62, 580
3, 259, 627
TOTAL DISBURSEMENTS 15, 989, 176
Detailed registers available upon request.
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California State Treasurer
Fiona Ma, cPA
Local Agency Investment Fund October 02, 2023
P.O. Box 942809
Sacramento, CA 94209- 0001 LAIF Home
916) 653- 3001 PMIAAver age Monthly_
Yields

CITY OF PLEASANTON

DIRECTOR OF FINANCE
P.O. BOX 520
PLEASANTON, CA 94566
Tran Type Definitions
Account Number: 98- 01- 687
September 2023 Statement
Web
Effective Transaction
Tran
Confirm Confirm
Date Date
Z' Pe
Number Number Authorized Caller Amount
9/ 1/ 2023 9/ 1/ 2023 RW 1738180 1698561 THINH LUCERO 2, 000, 000. 00 9/ 29/ 2023 9/ 28/ 2023 RW 1739112 1699499 THINH LUCERO 4, 000, 000. 00 Account Summary_
Total Deposit: 0. 00 Beginning Balance: 33, 000, 000. 00 Total Withdrawal: 6, 000, 000. 00 Ending Balance: 27, 000, 000. 00

CITY OF PLEASANTON
INVESTMENT ACTIVITY SUMMARY AND ANALYSIS AS OF SEPTEMBER 30, 2023
SUMMARY:

Primary City Managed Investment Portfolio
The book value of the City of Pleasanton General investment portfolio decreased by

35. 9 million from $ 254. 4 million to $ 218. 5 million during the last quarter ending September 30, 2023. This decrease in the portfolio during the quarter ending September 30, 2023 was primarily to accommodate large disbursements to various vendors: CalPERS for FY 2023/ 24 Unfunded Pension Liability, Bay Cities Joint Powers for insurance, and other vendors for various construction and service contracts. The fiscal year-to- date effective rate of return on the portfolio was 1. 52 percent. The average days to maturity (ADM) increased from 723 days on June 30, 2023 to 761 days on September 30, 2023.

The City' s investment in the Local Agency Investment Fund ( LAIF) decreased to $ 27. 0 million from $ 60. 0 million last quarter ending June 30, 2023. The quarterly LAIF apportionment interest rate was 3. 59 percent with ADM of 256 days. The average monthly effective yield was 3. 30 percent in July, 3. 43 percent in August, and 3. 53 percent in September. During the quarter, only $ 3. 0 million in securities was matured.

As of September 30, 2023, approximately 72. 8 percent of the total portfolio consisted of federal agency securities, while the LAIF investment was 13. 3 percent of the portfolio. Corporate notes accounted for 13. 2 percent of the portfolio.

Fair Market Value of total portfolio - $ 200, 026, 331
Fiscal year- to- date effective rate of return - 1. 52 percent Weighted average days to maturity— 761 days
Fiscal year- to-date net interest earnings - $ 879, 971. 23 ASSET COMPOSITION:

Investment Percent of Portfolio
Certificates of Deposit- Bank 0. 3%
LAIF 13. 3%
Medium Term Notes 13. 2%
Federal Agency Issues - Coupon 1. 3%
Federal Agency Issues - Callable 71. 5%
Supranationals 0. 4%
100. 0%
Sector Allocation*

0. 4%

0. 3%
Certificates of Deposit- Bank

71. 5%

13. 3%
LAIF
Medium Term Notes
it
iI' u -; eI
o

13. 2/ 0
Federal Agency Issues- Coupon

1. 3%
Federal Agency Issues- Callable
Supranationals
Based on Market Value

RETURNS ON ASSETS
As of September 30, 2023
Effective rate of return: 1. 52%
COMPARATIVE MARKET RATES HISTORICAL RATES OF RETURN:

September 30, 2023) City of Pleasanton Pool
Three Month Treasury Bill 5. 55% September 30, 2019 2. 18% Six Month Treasury Bill 5. 53% September 30, 2020 1. 74% One Year Treasury Bill 5. 46% September 30, 2021 1. 32% Two Year Treasury Note 5. 03% September 30, 2022 1. 24% The Federal Reserve has been raising interest rates since March 2022. After a pause in rate hikes in June, in July, the Federal Reserve raised the rate another 25- basis points, resulting in even higher comparative market rates. Most of the securities in the City' s investment portfolio were purchased before the rate hikes, and the overall investment return is expected to be lower than the market rates in the near term. As securities mature and funds are reinvested, the City will be able to achieve higher investment returns.

SAFEKEEPING OF SECURITIES:

As of September 30, 2023, the entire portfolio, exclusive of money market accounts and LAW was held in third party safekeeping for the benefit of the City of Pleasanton at Bank of New York Mellon. Bank of New York Mellon is a contractual agent for the City of Pleasanton.

COMPLIANCE WITH STATE LAW AND INVESTMENT POLICY:

As of September 30, 2023, all investments in the portfolio are authorized by State of California Government Section 53600 et. Seq. and the City' s investment policy.

SECURITIES RATED BELOW" AA4Aa3":

Issuer Par Value Maturity Date Rating ( S& P/ Moody)
CitiBank NA 1, 000, 000 1/ 23/2024 A
PACCAR Finance Corp 1, 330, 000 8/ 15/ 2024 A
Toyota Motor Credit Corp 1, 600,000 10/ 7/ 2024 A
3M Company 2, 000, 000 2/ 14/ 2025 A
Truist Bank 2, 000,000 3/ 10/ 2025 A
Toyota Motor Credit Corp 3, 000,000 1/ 9/ 2026 A
Total 10, 930, 000
QUARTER INVESTMENT DECISIONS ( excluding LAIF and money market funds):

Maturities
Issuer Par Value Maturity Coupon (%) Yield (%)
Date
Toyota Motor Credit Corp $ 1, 000, 000 7/ 20/ 2023 3. 419 1. 800 Microsoft Corp 2, 000, 000 8/ 8/ 2023 2. 000 3. 107
3, 000, 000
CURRENT INVESTMENT STRATEGY:

The effective rate of return on the portfolio was 1. 52 percent, an increase of 0. 14 percent from 1. 38 percent from last quarter and an increase of 0. 28 percent from 1 . 24 percent reported at the same time last year.

During the first quarter of FY 2023/24, staff continued to be conservative on investment. Staff will continue to monitor cash inflows and outflows taking into consideration anticipated construction costs for large capital projects and unexpected events.

SECTION 115 TRUST FUND
In June 2018, the City Council approved the investment of $28. 0 million of various reserves into a Section 115 Trust Fund to help smooth the pension liabilities which are expected to grow in the long run. The investment is made into two separate portfolios, the first one for $6. 7 million into a Conservative portfolio which is available to pay the annual unfunded liabilities if necessary, and the second one for $21. 3 million into a long- term Capital Growth portfolio.

In February 2020, City Council authorized Finance staff to deposit to and withdraw from the Conservative portfolio an additional amount up to the total annual required CaIPERS payment. In March and June 2020, two additional $5. 0 million contributions were deposited into the Conservative portfolio for a total of $ 16. 7 million deposited into the Conservative portfolio.

As presented in the chart below, the Conservative portfolio balance was $ 18. 24 million at the end of September 30, 2023, an increase of $ 0. 03 million from the prior quarter. The Conservative portfolio investment return for the quarter ended September 30, 2023 was 0. 25 percent, and the inception- to-date annualized return was 3. 03 percent.

Conservative PARS plan
Account Balance
20 5
3$ 17. 32

18. 17518. 32518. 57$ 18. 55518. 66
17 5

17. 48 . 69
18 18. 14$

17. 6 517. 67518. 03518. 21$ 18. 24
16 14
S11. 8` a
S12
0 10

7. 23
58 56. 70 56. 74 $ 6. 67 $ 6. 94 $ 7. 06 $ 7. 11
56 4
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N N N N N N N N N N N ti
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v a
N O N G V1 O 3 J'.

The second portfolio ( Capital Growth) addresses the longer- term pension liabilities with initial investment of $ 21. 3 million. The focus of this portfolio is to earn a higher rate of return over the next ten years or so before we need to draw upon it.

Capital Growth PARS plan
Account Balance
530.65

29. 3652 . 11 528. 94
527. 80 28. 06

26. 71 27. 02 $ 27. 01

25. 67 525. 75
25 23. 73

24. 03 24. 23
52 5(,$

22. 24522. 42 522. 81

1. 19 519.95
ti
N . 1 N N N N N N N N N N N N
ry N N
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The Capital Growth portfolio balance was $ 27. 01 million at the end of September 30, 2023, a decrease of $ 1. 05 million from the prior quarter. The Capital Growth portfolio quarterly investment return was - 3. 66 percent, and the inception- to- date annualized return was 5. 03 percent.

SAFEKEEPING OF SECURITIES:

The two portfolios total $ 45. 25 million, which are held by a third party for the benefit of the City of Pleasanton at US Bank. US Bank is the contractual agent for PARS trust investments that are managed by Highmark Capital Management.

PUBLIC
AGENCY

RETIREMENT

SERVICES PARS
CITY OFPLEASANTON Account Report for the Period
PARS Post- Employment Benefits Trust 9/ 1/ 2023 to 9/ 30/ 2023 Susan Hsieh
Director of Finance
City of Pleasanton
123 Main Street
Pleasanton, CA 94566
Account Summary
Balance as of Balance as of
Source 9/ 1/ 2023 Contributions Earnings Expenses Distributions Transfers 9/ 30/ 2023 PENSION- Short Term 18, 362,744. 84 50. 00 118,214.38 $ 5,481. 26 0.00 0. 00 $ 18,239,049.20 PENSION- Long Term 28, 114,333. 99 0. 00 -$ 1, 098, 326. 15 $ 8,442. 94 0.00 0. 00 $ 27, 007, 564. 90 Totals 46, 477, 078. 83 0.00 -$ 1, 216, 540.53 $ 13, 924. 20 $ 0.00 0.00 $ 45, 246, 614. 10 Investment Selection
Source
PENSION- Short Term City of Pleasanton
PENSION- Long Term City of Pleasanton- Capital Growth
Investment Objective
Source
PENSION- Short Term Individual Custom Account
PENSION- Long Term Individual Custom Account
Investment Return
Annualized Return
Source I- Month 3- Mouths 1- Year 3- Years 5- Years 10- Years Plan' s Inception Date PENSION- Short Term - 0. 64% 0. 25% 5. 66% 1. 39% 3. 03% 6/ 21/ 2018 PENSION- Long Term - 3. 91% 3. 66% 11. 86% 4.35% 5. 03% 6/21/ 2018 Information as provided by US Bank, Trustee for PARS; Not FDIC Insured; No Bank Guarantee; May Lose Value Past performance does not guarantee future results. Performance returns may not reflect the deduction of applicable fees, which could reduce returns. Information is deemed reliable but may be subject to change.

Investment Return: Annualized rate of return is the return on an investment over a period other than one year multiplied or divided to give a comparable one- year return.

Account balances are inclusive of Trust Administration, Trustee and Investment Management fees Headquarters- 4350 Von Karman Ave., Suite 100, Newport Beach, CA 92660 800.540.6369 Fax 949.250. 1250 www. pars. org 9 THE CITY OF
Iwo :: CITY COUNCIL AGENDA REPORT

PLEASANTON,
November 7, 2023
Library and Recreation
TITLE: ADOPT A RESOLUTION APPROVING UPDATED LIBRARY POLICIES RELATED TO 1) PUBLIC ACCESS TO THE INTERNET; 2) LIBRARY MATERIALS RECOVERY; 3) COLLECTION DEVELOPMENT; 4) REQUEST FOR RECONSIDERATION OF MATERIAL FORM; AND 5) INCLUSIVENESS

IN MATERIALS STATEMENT

SUMMARY
City staff and the Library Commission have undertaken a comprehensive review and update of several key library policies and a request form, along with the development of a new statement on inclusiveness in materials. The policy revisions represent important changes in technology, ensure compliance with the Federal Children' s Internet Protection Act (CIPA) requirements for grant funding, and reflect changes to the City' s Master Fee Schedule in 2019. The proposed policies and the inclusiveness statement are grounded in the City' s values of integrity, inclusion, innovation, and service.

LIBRARY COMMISSION ACTION
At its meeting on October 5, 2023, the Library Commission considered the five policies and recommended adoption of each by the City Council.

RECOMMENDATION
Adopt a resolution approving updated library policies related to 1) Public Access to the Internet; 2) Library Materials Recovery; 3) Collection Development; 4) Request for Reconsideration of Material Form; and 5) Inclusiveness in Materials Statement.

FINANCIAL STATEMENT
Regarding the proposed Public Access to the Internet Policy, CIPA compliance is necessary for the City's library to continue to receive broadband access at a significantly reduced rate through the Consortium for Education Network Institute CENIC) in California and to qualify for youth grant funding through the Library Service and Technology Act ( LSTA). Regarding the proposed Library Materials Recovery Policy, there is no direct financial impact; currently $ 13, 000 in revenue is budgeted for library materials fees in the Library and Recreation Administration budget # 00150100- 361531.

Regarding the proposed Collection Development Policy, the Request for Reconsideration of Material Form, and the Inclusiveness in Materials Statement, there is no direct financial impact.

Page 1 of 4 ends

BACKGROUND
Policy revisions and statements reflect evolving public library practices and are important to ensure accurate and current information is provided to the community, the City' s library remains in compliance to ensure grant funding, and the City articulates the importance of open and equal access to materials and information.

Public Access to the Internet Policy
The proposed Public Access to the Internet Policy (Attachment 1) supersedes and replaces both the library' s Public Access to the Internet Policy ( 2001) and the Policy on Access to Motion Pictures Videos ( 1999).

The Public Access to the Internet Policy adopted by the Library Commission in 2001 Attachment 6), and the Policy on Access to Motion Pictures Videos adopted by the City Council in 1999 ( Attachment 7), require updates to ensure continued adherence to the Children' s Internet Protection Act ( CIPA). CIPA standards were enacted by Congress in 2001 to address concerns about children' s access to obscene or harmful content over the internet. Since 2001, the past two decades have witnessed a substantial growth in both internet content and usage and changes in library media, necessitating adjustments to the policy. The proposed revision to the Public Access to the Internet Policy ensures compliance with the current federal government' s CIPA requirements, addresses the growing volume of internet content and usage within the library, and reinforces the City' s commitment to providing open and free access to library resources for all users.

Library Materials Recovery Policy
The proposed Library Materials Recovery Policy (Attachment 2) provides details on fees as well as the materials recovery model, and incorporates the Library Fine/ Fee Waivers 2017) and the Defacement of Library Materials Policy ( 1999), that were previously approved by City Council. The proposed Library Materials Recovery Policy also supersedes the Library Refund Policy that was authorized by the City Manager in 2018.

On July 16, 2019, the City Council adopted a materials recovery model for the library.

This model amended the Master Fee Schedule to eliminate daily overdue fines, implemented automatic renewal for materials, and retained fees for lost and damaged library materials. The proposed Library Materials Recovery Policy (Attachment 2) combines the Library Fine/ Fee Waivers ( 2017, Attachment 8), Library Refund Policy 2018, Attachment 9), and the Defacement of Library Materials ( 1999, Attachment 10), and aligns with the materials recovery model.

Collection Development Policy and Request for Reconsideration of Material Form The proposed Collection Development Policy (Attachment 3) comprehensively outlines how City staff selects, maintains, and deselects materials for its library collection, and supersedes the Materials Selection Policy (2001). The proposed policy also incorporates an updated Request for Reconsideration of Material Form (Attachment 4), which replaces the Patron Comment Regarding Library Materials Form ( 2001), to address public concerns regarding library materials.

Page 2 of 4 ends

The existing Patron Comment Regarding Library Materials Form ( 2001, Attachment 11) and Materials Selection Policy ( 2001, Attachment 12) were originally approved by the Library Commission 22 years ago. Staff and the Library Commission identified the need for the proposed Collection Development Policy ( Attachment 3) to reflect current practices for the selection and maintenance of the library' s collection of materials.

Inclusiveness in Materials Statement
This statement aims to articulate the City' s commitment to open and free access to library resources and aligns with the updated Collection Development Policy and Request for Reconsideration of Material Form.

Throughout the history of the United States, attempts to ban books have been made, often without sustained success or benefit to the citizenry. In 2022, the American Library Association reported a surge in book challenges, reaching the highest number of attempted book bans in over two decades. In June 2023, in response to recent attempts to ban books in California, staff and the Library Commission identified the need for an Inclusiveness in Materials Statement( Attachment 5).

DISCUSSION
The proposed policies, request form and the Inclusiveness in Materials Statement incorporate the City' s commitment to open access to a wide variety of materials and information. To ensure that all members of the community are considered in these policies, the Library and Recreation Department' s Diversity, Equity, and Inclusion ( DEI) workgroup, the IT Department, and the City Attorney' s Office reviewed the drafts before they were reviewed by the Library Commission.

The revised Public Access to the Internet Policy serves as a definitive guide for internet use in the library. It provides a clear statement about using the internet in a public library setting, technology protection measures for children as required by CIPA, and rules governing use. The proposed revisions comply with CIPA requirements.

The Materials Recovery Policy offers detailed information on library loan periods, automatic renewals, member notifications, refunds, fee waivers, lost and damaged items, and fee recovery timelines. By providing clarity and transparency on the process, the policy aims to remove unnecessary barriers, ensure equitable access, and increase circulation and efficient material recovery for all community members.

The updated Collection Development Policy details criteria on library materials selection, values regarding access to resources, and ongoing maintenance of the library' s collection. The enhanced Request for Reconsideration of Material Form provides a detailed review process for any library material that may be requested by a community member. The policy and the form reinforce the City' s efforts toward transparency, guided by the principles of evidence- based selection, maintenance, and sustainability of library collections.

Page 3 of 4 ends

The proposed Inclusiveness in Materials Statement integrates the Collection Development Policy and the Request for Reconsideration of Material Form with a review process. It outlines the City' s position on its freedom to acquire lawful library materials, its unwavering commitment to oppose attempts to censor library resources and its dedication to respecting individual choice.

Based on the above discussion points, the Library Commission voted on October 5, 2023, to recommend the City Council adopt a resolution approving updated policies related to 1) Public Access to the Internet Policy, 2) Library Materials Recovery Policy, 3) Collection Development Policy, 4) Request for Reconsideration of Material Form, and 5) Inclusiveness in Materials Statement.

STRATEGIC PLAN ALIGNMENT
Approval of this resolution (Attachment 13) advances the Citywide ONE Pleasanton strategic plan goal of Building a Community Where Everyone Belongs, Strategy 3 — Implement high priority items from the Library and Recreation Strategic Plan to continue to deliver activities and programs that meet the needs and interests of the community.

Submitted by: Fiscal Review: Approved by:
1 Hei i Murphy Susan Hsieh Gerry Beaudin
Director of Library and Recreation Finance Director City Manager Attachments:

1. Public Access to the Internet Policy ( Proposed)

2. Library Materials Recovery Policy ( Proposed)

3. Collection Development Policy ( Proposed)

4. Request for Reconsideration of Material Form ( Proposed)

5. Inclusiveness in Materials Statement (Proposed)

6. Public Access to the Internet Policy ( 2001)

7. Policy on Access to Motion Pictures Videos ( 1999)

8. Library Fine/ Fee Waivers (2017)

9. Library Refund Policy (2018)

10. Defacement of Library Materials Policy ( 1999)

11. Patron Comment Regarding Library Materials Form ( 1999)

12. Materials Selection Policy ( 1999)

13. Resolution — Updated Library Policies

Page 4 of 4 ends

Attachment 1

THE CITY OF
I 1

PLEASANTONQ
Public Access to the Internet Policy
Pleasanton Public Library' s mission is to be the place for all members in the community to " Discover, Connect, and Share." To fulfill this mission, the Library provides free and equal access to resources in a variety of formats to meet the cultural, informational, recreational and educational needs of the diverse community it serves. The Internet is an integral part of resource access.

However, not all information provided through internet sources is accurate, complete, or current, and may be dangerous or offensive to some people. The Library assumes no responsibility for the content or accuracy of information obtained through internet sources. The Library assumes no responsibility for any damages, direct or indirect, arising from its connections to the internet. It should be understood that internet use in a public environment, such as the Pleasanton Library, inhibits any guarantee of privacy. Moreover, all transactions, files and communications may be vulnerable to unauthorized access such as computer hacking by third parties or transmission of compromised data use and, therefore, should be considered public.

Children and the Internet
The Pleasanton Public Library supports parents and guardians in their efforts to guide their children' s intellectual and social development. As is the case with other resources in the Library, it is the sole right and responsibility of the parent or guardian to provide any monitoring or restriction of their own child' s access to the internet.

Parents or legal guardians are therefore responsible for the following:

1. Monitoring their minor' s access to content on the internet. The Library cannot control sites that children may select on the internet, and staff cannot act in place of a parent or guardian to do so.

2. Supervising the safety and security of their minor( s) when using email, social media platforms, instant messaging, and other forms of electronic communications.

3. Preventing unauthorized disclosure, use, and dissemination of personal identification information regarding their minor( s).

4. Preventing unauthorized access, including " hacking," and other unlawful activities by their minor( s) while online.

Attachment 1

5. Avoiding a minor' s access to materials that a parent or guardian deems harmful to their minor by monitoring all internet use.

Filtering
To the extent practical, technology protection measures ( or " internet filters") are used to block or filter the internet, or other forms of electronic communications, or access to inappropriate information.

Specifically, as required by the Children' s Internet Protection Act, blocking is applied in the children' s area of the Library to visual depictions of material deemed obscene or child pornography, or to any material deemed harmful to minors. Persons wishing to access the internet without these filters are directed to use the computers in the adult area of the Library. Again, Library staff will not prevent a minor from using the computers in the adult area of the Library.

Rules Governing Use
Users of the internet in the Library are expected to use this resource in a responsible and courteous manner, consistent with the purposes for which it is provided, and to abide by any internet- specific rules, regulations and procedures established for its use.

To provide an atmosphere that permits proper use of Library resources, Internet users are not allowed to gather in groups of more than two people per terminal. This rule applies to both desktop and laptop computers being used in the Library building. Library users are asked to respect the privacy of internet users and to refrain from watching over someone' s shoulder or otherwise intentionally observing a stranger' s use. Time limits for use of terminals are posted in the Library.

Users may not:

Use the Library' s internet terminals for illegal purposes Make any attempt to alter or damage computer hardware or software.

Use the computers to make unauthorized entry into other networks or systems.

Invade the privacy of others or send harassing or threatening messages.

Use the Library' s internet terminals to view or disseminate illegal images.

Make unauthorized copies of copyrighted or licensed software or data.

Violations may result in loss of Internet privileges. Any illegal activity involving the Library' s internet connections will be subject to prosecution by the appropriate authorities.

Attachment 2

THE CITY OF
EASANTpN
PLEASANTON©
Library Materials Recovery Policy
Pleasanton Public Library' s mission is to be the place for all members in the community to Discover, Connect, and Share. To fulfill this mission, the library provides free and equal access to resources in a variety of formats to meet the cultural, informational, recreational, and educational needs of the diverse community it serves.

To increase access, circulation, and recovery of library materials and resources, the library does not charge daily overdue fines for Pleasanton Library materials, provides for automatic renewals of Pleasanton Library materials, and offers a variety of phone, email, and text notification methods.

To ensure materials continue to be available for all, the library charges material recovery fees to cover the cost of lost and damaged items.

Loan Periods and Automatic Renewals
The initial loan period for all Pleasanton Public Library materials is 3 weeks ( 21 days), with the exception of Lucky Day DVDs, which is 1 week ( 7 days).

After the initial 3- week loan period, if a borrowed item is not returned, it will be automatically renewed up to two times ( 6 weeks or 42 days).

Items will not be automatically renewed if they are on hold for another member or have previously been renewed twice.

Member Notifications
The Pleasanton Public Library strives to provide a wide variety of notification methods to help members easily track the due dates of their library materials.

Library members are automatically notified that an item is due through email notifications or automated phone calls, depending upon account preference.

Library members may choose to be notified through a text message service, with customizable alerts for account holders and their family members.

Library members can track due dates on the library web catalog, the library app for mobile devices, or contact the library by phone or in- person with account questions.

Attachment 2
Material Recovery Fee Timeline
30 days after due date:

If an item is not returned within 30 days after its due date, a material replacement fee will be assessed, which is the retail price of the item plus a $ 5 processing fee.

The library member' s account will be temporarily suspended.

If an item is reported lost, a material replacement fee will be assessed, which is the retail price of the item plus a $ 5 processing fee. The library member' s account will be temporarily suspended.

If an item is damaged, a material replacement fee will be assessed, which is the retail price of the item plus a $ 5 processing fee. The library member' s account will be temporarily suspended.

If the item is returned in good condition during this period, the material replacement fee and processing fee will be removed, including the temporary suspension on the library member' s account.

If the item is damaged, the library member can pay the material replacement and processing fee, which will remove the temporary account suspension.

If the item is lost, the library member can pay the material replacement and processing fee, which will remove the temporary account suspension. 60 days after due date-.- a:•
If the library member does not return an item within 60 days after being assessed the material replacement fee and processing fee, the library member will receive a collection agency notification for the total fees owed, which is the retail cost of the item including the processing fee plus a collection agency fee.

The materials recovery process allows up to a total of 123 days' to return or pay for an item before the account is referred to the collection agency.

Purchasing a replacement item to eliminate the lost/damage cost is not accepted due to edition and cataloging issues.

Material Replacement Refunds
The replacement cost of the item is refundable, minus the processing fee, if it is returned in good condition within 90 days of the paid date, with the exception of LINK+ items.

Refunds are issued in the form of a check payable to the library member and mailed to the address on file in the library card account.

Total days depends on type of item, whether item was on hold, and renewals.

Attachment 2
Fee Waivers
Fees may be waived for library members due to special circumstances, such as, but not limited to technical difficulties with the circulation system, lost items that have been recovered, workflow constraints at the returns outlet, emergency facility closures, and Library Commission- approved fee amnesty days.

When determining individual fee waivers, library staff may consider any number of reasonable factors, including, but not limited to a library member being unaware of library policies with regard to fees; a library member who is unable to pay the entire amount owed due to personal hardship; personal emergencies and extenuating life circumstances; or a library member who has paid a fee and can provide supporting documentation.

Member Services staff assess the damage of a returned item. If the damage is beyond normal wear and tear, such as pages missing, liquid damage, animal damage, etc., staff will notify the library member about the damage and bill the library member for the replacement cost.

All items subject to material replacement are kept in the library for six months for library members to review before an item is paid for.

If a library member disputes the charge of a damaged library item, the library member can discuss the item with Library Administration for further review.

LINK+ Lending Service
The LINK+ lending service is a collaborative system that allows Pleasanton Public Library members to borrow materials from participating public and university libraries in California.

Fines and replacement fees on these materials will continue to be charged per the LINK+ consortium agreement.

Attachment 3

THE CITY OF
EAiA4lpr {
I{{ X19 1
PLEASANTON©
Collection Development Policy
I. Mission
Pleasanton Public Library' s mission is to be the place for all members in the community to " Discover, Connect, and Share." To fulfill this mission, the library provides free and equal access to resources in a variety of formats to meet the cultural, informational, recreational and educational needs of the diverse community it serves. The Library Collection Development policy addresses these goals by articulating its position on the selection and maintenance of its collection of materials.

II. Selection
Pleasanton Library staff are responsible for the selection of physical and digital library materials. The library provides an assortment of physical and digital titles that resonate personally at the individual level, while offering avenues of connection into the diversity of human experience. To develop such a collection, library staff utilize analytics, professional reviews, curated lists, and trade journals during the selection process.

Titles are generally selected according to the following criteria:
a. Demonstrated community interest, need, or demand of patrons b. Quality, including accuracy, clarity, and usability
c. Merit, awards, or critical acclaim
d. Reputation of author and/ or publisher
e. Contemporary significance or permanent value
f. Relevance to the experience and contributions of diverse populations g. Extent to which the subject matter is already represented in the collection h. Local history and interest
i. Budgetary and space considerations
The selection of library materials is based on the entire work and not chapters or sections, and materials need not meet every criterion to be selected. Materials are selected which are appropriate to public libraries and meet the needs and interests of the community. Interlibrary loan service is also available to give Pleasanton patrons access to larger, more specialized collections.

Demographic composition, along with the above criteria, informs the acquisition of nonEnglish materials, and will continue to evolve with the community. The library develops smaller collections of Spanish and Asian languages books, digital newspapers and Attachment 3
learning tools in multiple languages, as well as an " International DVD" section representing over 40 languages.

III. Free and Equitable Access to Information
The library affirms that free and equitable access to information resources supports an enlightened citizenry, which is interpreted from the American Library Association' s ALA) Library Bill of Rights. As a public space, the library functions as an impartial repository of materials, where stories and ideas from different walks of life may be discovered and borrowed without hindrance, thereby upholding the values of intellectual freedom. Furthermore, the Library acknowledges the right and responsibility of parents and guardians to determine their children' s use of library materials.

IV. Collection Maintenance
In order to maintain a vital and relevant collection, library staff regularly assess library materials and digital resources for condition, accuracy, and usage. Staff make these assessments through both direct examination and usage data, and adhere to the principles stated in the ALA's Evaluating Library Collections statement.

Library materials that have been lost or damaged may be replaced using the same criteria as was used for selection. Other factors considered when deciding on replacements include the current number of duplicate holdings ( copies), availability of newer materials on the subject, existence of adequate coverage of a subject, and demand for a specific title.

Deselection of materials, or weeding, is essential to maintain the quality, relevance, and purpose of library collections and involves the removal of items from the collection.

Library staff deselect items based upon several factors including publishing date, physical condition, community interest, availability of newer or more valid titles, and space limitations.

Deselected materials are donated to the Friends of the Pleasanton Library nonprofit group. The Friends of the Library may then choose to further donate materials, resell materials with proceeds benefiting the library, or ship materials for recycling.

V. Reconsideration of Materials
Patrons may share their concerns regarding the content of a particular title by filling out and submitting a Request for Reconsideration of Materials form. Library staff will review the form and provide a written response within 30 days of receipt.

Attachment 4

THE CITY OF
Lit p, F3ANTpry

PLEASANTON,
Request for Reconsideration of Material Form
The Pleasanton Public Library has established a procedure for gathering input about a specific material. Completion of this form is the first step in that procedure. If you wish to request reconsideration of a material, please return the completed form to the library.

Pleasanton Public Library 1 400 Old Bernal Ave. Pleasanton, CA 94566 Date
Name
Address
City State/ Zip
Phone Email
Do you represent self? Or an organization? Name of Organization

1. Material on which you are commenting:

Book ( e- book) Magazine Digital Resource Newspaper
Movie Audio Recording Game Other
Title
Author
Have you examined the entire material? Yes No

2. What brought this material to your attention?

3. What concerns you about the material?

4. Are there material( s) you suggest providing for additional information and/ or other viewpoints on thistopic?
Att hment 4

5. What action are you requesting the library consider? Library staff will review the form and provide a written response within 30 days of receipt.

Attachment 5

THE CITY OF

PLEASANTON,
Inclusiveness in Materials Statement
Pleasanton Public Library' s ( Library) mission is to be a place for all members in the community to " Discover, Connect, and Share" and is guided by the Library and Recreation Department' s values of integrity, inclusiveness, innovation, customer service, and collaboration. To fulfill its mission and values, the Library is dedicated to free and equal access to resources in a variety of formats to meet the cultural, informational, recreational, and educational needs of the diverse community it serves.

This statement articulates the Library' s position on its freedom to acquire lawful materials without content limitations, and the Library' s commitment to oppose attempts to ban, remove, or otherwise restrict library patrons' free and open access to books, materials, information, and resources. In doing so, this statement reinforces the Library' s commitment to a patron' s individual choice.

Book Challenges in Public Libraries
Books have been banned throughout the history of the United States, without sustained success or benefit to its citizenry. Removing or denying access to resources based on personal bias, prejudice, or because the materials may be viewed as controversial or objectionable, is a form of censorship which is constitutionally restricted.

The American Library Association' s ( ALA) Library Bill of Rights, a set of guiding principles originally adopted in 1939, outlines free and equitable access to information to support an enlightened citizenry. The American Library Association launched Banned Books Week in 1982 in response to a surge in the number of challenges to books in schools, bookstores, and libraries. The event highlights the value of free and open access to information and brings together community members, librarians, booksellers, publishers, journalists, and teachers in shared support of the freedom to seek and express ideas. Banned Books Week is celebrated each year in October to highlight these important freedoms.

Despite these efforts, the American Library Association' s Office for Intellectual Freedom reported that book challenges in the United States nearly doubled between 2021 and 2022, reaching the highest number of attempted book bans since ALA began compiling data about censorship in libraries more than 20 years ago.

Individual Choice in Libraries
The Library affirms the right for individuals to make their own decisions about their use of library materials and information. The Library is a public space established for the Attachment 5
community and serves as an impartial repository of materials that encompass stories and ideas from different walks of life, that may be discovered, borrowed, and viewed without hindrance. Concerns and disagreements may arise regarding the specific content of library materials, and these differences of opinion are important in a democratic society.

Role of Parents and Guardians in the Library
The American Library Association' s Bill of Rights strongly supports the vital role of parents and guardians in helping their children develop fundamental reading skills, in determining their children' s use of library materials, and in guiding their children' s reading, viewing and listening, as appropriate for their personal stages and individual beliefs. These rights and responsibilities are acknowledged by the Library.

As part of its commitment to collaboration and customer service, Library staff are trained and prepared to assist families by providing curated book lists, professional review sources, and recommendations of library materials for each child' s individual reading stages, needs, and interests.

Library Collection Development Policy
Library staff select and maintain a wide range of materials for the community under the guidance of the Library' s Collection Development Policy. This policy outlines selection criteria that consider community needs and interests, the quality and merit of materials, contemporary significance, relevance to diverse populations, collection gap areas, local history, as well as budgetary and space limitations. Each of the selection criteria reflects the five departmental values of integrity, inclusiveness, innovation, customer service, and innovation.

Reconsideration of Library Materials Form
The Library maintains a process for patrons to request a reconsideration of any materials in the Library' s collection. The Request for Reconsideration of Materials form asks that the requestor state their concerns, indicate that they have read or viewed the material in its entirety, and provide specific information related to the concern. Upon receipt of the form, staff will review each request using the Collection Development Policy as the basis for the determination. Responses are provided within 30 days of submission.

The Library values this process for patron input and welcomes community feedback regarding its selection of materials.

THE CITY OF Attachment 6

PLEASANTOND
Public Access to the Internet Policy
The Pleasanton Public Library provides public access to the Internet in support of its role as a key provider of services and materials to support the informational, educational, and recreational needs of people in our community.

The Internet offers access to a wealth of information from around the world, which can be personally, professionally, or culturally enriching. But, because the Internet is a vast and unregulated network, it also enables access to information, images and commentary beyond the confines of the Library' s collection, mission, selection criteria and collection development policies. Because of this access, and because sites change often and unpredictably, the Library cannot protect users from information and images which they might find offensive or disturbing.

Information found on the Internet may not be accurate, current or complete. Library customers are advised to exercise critical judgment in evaluating the validity of any information they find on the Internet. The Pleasanton Public Library does not monitor nor does it have any control over the information accessed through its Internet terminals. The Library assumes no responsibility for any damages, direct or indirect, arising from its connections to the Internet.

Providing Internet access at public terminals involves adapting what is ordinarily a private instrument, the personal computer, to a public setting. When using a Library computer, privacy cannot be guaranteed. Users in turn are cautioned that the Library computers on which the public can access the Internet are in public areas, which must be shared by library users of all ages, backgrounds and sensibilities. Individuals are asked to consider this and to respect the sensibilities of others when accessing potentially offensive information and images. Use of Library terminals for viewing or disseminating illegal images is not permitted.

Users are cautioned that the Internet is not a secure medium and the privacy of electronic communication cannot be guaranteed. All transactions, files and communication are vulnerable to unauthorized access and use and, therefore, should be considered public.

Children and the Internet
The Pleasanton Public Library supports parents and guardians in their efforts to guide their children' s intellectual and social development. Parents are encouraged to review the guidelines for Internet use in the pamphlet, Child Safety on the Information Highway, which is available at the library and to discuss appropriate use with their children. As is the case with other resources in the Library, it is the sole right and responsibility ofthe parent or guardian to provide any monitoring or restriction of their own child' s access to the Internet.

Attachment 6
Filtering
The Pleasanton Public provides a choice between unfiltered access and filtered access on workstations in the adult area of the library and filtered access on workstations in the children' s area of the library.

Pleasanton' s policy continues to be open access for all. Children may use the adult and young adult collections and adults may use the children' s collection. Similarly, children can use the adult area Internet workstations where they have the choice of filtered or unfiltered access. This model continues the Library' s policy that parents are responsible for their own children' s use of the Internet. Library staff will not monitor the age of people using unfiltered workstations.

This policy and practice supports the Library' s traditional commitment to intellectual freedom by providing a choice to the user and by protecting public access to constitutionally protected speech on the Internet. At the same time, it provides the option of filtered access for children to respond to the concerns of parents and other adults about children' s access to hard- core pornography on the Internet.

Rules Governing Use
Users of the Internet in the Library are expected to use this resource in a responsible and courteous manner, consistent with the purposes for which it is provided, and to abide by any Internet-specific rules, regulations and procedures established for its use.

To provide an atmosphere that permits proper use of Library resources, Internet users are not allowed to gather in groups of more than two people per terminal. Library users are asked to respect the privacy of Internet users and to refrain from watching over someone' s shoulder or otherwise intentionally observing a stranger's use. Time limits for use ofterminals are posted in the Library.

Users may not:

Use the Library' s Internet terminals for illegal or unethical purposes.

Make any attempt to alter or damage computer hardware or software.

Use the computers to make unauthorized entry into other networks or systems.

Invade the privacy of others or send harassing or threatening messages.

Use the Library' s Internet terminals to view or disseminate illegal images.

Make unauthorized copies of copyrighted or licensed software or data.

Violations may result in loss of Internet privileges. Any illegal activity involving the Library' s Internet connections will be subject to prosecution by the appropriate authorities.

Revised and Approved by the Pleasanton Public Library Commission, April 12, 2001.

Attachment 7
Pleasanton Public Library
Policy on Access to Motion Picture Videos
The Pleasanton Public Library provides open access to its collections, including books, sound recordings, video recordings and electronic media to all patrons without regard to age. Any monitoring or restriction of a child' s use of library materials is the responsibility of the parent or legal guardian. Children' s librarians are available to give selection guidance.

Adopted by the Pleasanton City Council December 7, 1999.

Attachment 8

THE CITY OF
pIFA°.ANT;y

PLEASANTON,
Library Fine/ Fee Waivers
Purpose
Occasionally customers ask for fines/ fees in their library accounts to be waived. Sometimes it is apparent to staff that fines/ fees in a customer' s record should be waived. This policy will serve to establish guidelines for staff assisting customers with overdue fine or fee issues, and promote equity and consistency in waiving customers' fines/fees.

Policy
In accordance with the following guidelines and using good judgment, staff may waive customers' fines/ fees when appropriate.

Scope
This policy applies to all library fines and fees.

Procedures
The following guidelines are to be used when a fine waiver is requested.

Reasons to waive customer fines:

Circulation system was down during the time in question.

Customer had previously submitted a claims returned on an item that has now been located in the library. Any fine associated with that item should be waived.

Customer returned item to another library system and it has been returned to us. Fines associated with this item should be waived.

Due to workload, individual outlet may not complete day' s check- ins. Outlet' s calendar is marked accordingly and partial waiver can be granted if customer' s fine was affected by heavy workload. LINK+ items, which are checked in immediately, are exempt from this provision.

When a borrower returns items in damaged condition it is not always possible to process them immediately. If fines are accrued between the date of return and the date staff process the item, fines are to be waived.

The Library has specific authority to hold a fine amnesty day annually or bi- annually based upon recommendation from the Library Commission.
1 Attachment 8
Reasons to consider waiver of customer fines:

Customer claims to have paid fines previously and has receipt with corresponding data.

Complications with a customer who had been unaware of library policies with regard to fines. Customer is given a full explanation of fine structure and all or a portion of fines are waived as a good will gesture.

Customer is paying for a number of fines or lost books. If the amount is large and the customer is unable to pay the entire amount, an agreement may be reached between a supervisor and the customer. This decision may involve the possibility of partial payment, payment at a later date or over an extended period of time. Customer pays amount agreed upon and the remainder of the fine is waived. This may include processing fees.

Customer claims to have paid fines previously or that the items in question were returned on time. If this cannot be corroborated by a downtime calendar, receipt, or customer's online catalog system record, a staff member or supervisor must decide whether or not to accept the claim of the customer. There are situations where the customer' s claim is convincing enough to support the decision to waive fines.

Hardship situations occur, such as death in the family or hospitalization. Although borrower fines are not automatically waived due to hardship situations, there are occasions when the situation warrants a waiver. The staff member makes his or her decision on a case- by- case basis.

Financial Reporting:

At the end of each fiscal year, Library staff will provide the City' s Finance Department with a summary of the total number of fines/fees waived, along with the total dollar amount of those fines/fees that were waived.

Adopted by the Pleasanton City Council, May 16, 2017.

Approved by the Library Advisory Commission, April 13, 2017. 2 Attachment 9
THE CITY Of
PS-1 I
1 `` e
LEASANTON® Administrative
Policy: Library Refund Policy
Purpose
To establish a consistent policy for material refunds.

Policy
The cost of a lost and paid item is refundable, minus the processing fee, if it is returned in good condition within 90 days of the paid date, with the exception of Link+ items. The library does not accept the replacement of a lost item in lieu of payment.

Procedure
If a library member pays for an item and subsequently finds it within 90 days of the paid date, the library member may request a refund. Refunds are issued in the form of a check payable to the library member and mailed to the address on file in the library card account.
i
r
Distribution approved:

Nelson Fialho, City Manager
Established: May 3, 2018
Distribution Date: May 24, 2018
Attachment 10

THE CITY OF
ee pfASAMpry'
ori , 1 111 iPC/

PLEASANTON,
Defacement of Library Materials
It is the policy of the Pleasanton Public Library that patrons who deliberately deface library materials shall be billed an amount which will recover the whole cost of replacing the item damaged, whether with the same or with an alternative title. Defacing library materials is a misdemeanor under the law ( California Education Code Section 19910).

Patrons who deliberately deface library materials shall be denied library services by having their cards set delinquent for up to two years. Such patrons will be notified of this action by a letter from the Library Director.

Library Supervisors may use their discretion in applying this policy in the case of children or others who may be unfamiliar with public libraries.

Adopted by the Pleasanton City Council, May 18, 1999.

Approved by the Library Advisory Commission, March 11, 1999.

THE CITY OF
Attachment 11
r
Public Library
PLEASANTON. Patron Comment Regarding Library Materials
All comments submitted will be given to the Director of Library Services, who will send the patron a written reply.

PATRON:

Name:

Address:

Telephone:

If you are acting as the official spokesperson for an organization, please specify.-

LIBRARY
pecify:

LIBRARY MATERIAL ON WHICH YOU ARE COMMENTING:

Book O Periodical Film D Other (specify)
Title: Have you read the entire book?
Author: Yes No
Please comment on the material as a whole and be specific about those matters which concern you.

Comment:

Use reverse side for additional comment.)
Approved by Library Advisory Commission, March 8, 2001.

THE CITY OF
Attachment 12
M—.. m iii
1:: i:: 11 1 1 1
PLEASANTON.,
Materials Selection Policy
The Pleasanton Public Library provides access to materials in a variety of formats which meet the recreational, informational and cultural needs of the Pleasanton community. The Library provides dynamic collections of materials about a variety of subjects for users of all ages and levels of experience.

The Library staff are responsible for the selection of materials within the limitations of space within the library building and the availability of materials. Professional reviews and basic lists of standard works for public libraries are used in the selection of materials.

Materials are selected which are appropriate to public libraries and meet the needs and interests ofthe Pleasanton community. Interlibrary loan service is also available to provide local library users with access to larger, more specialized collections.

The library does not endorse the beliefs or viewpoints of those whose works are represented in its collections, but recognizes that serious works which present an honest aspect of life or of some human problems are selected for their positive values and are not necessarily excluded for frankness of expression. The library selects materials which enable the citizen to form his or her own opinions. Therefore, it provides material, possibly argumentative, representing diverse points of view.

The Pleasanton Public Library is dedicated to a selection of materials of the highest quality, based upon principle rather than personal opinion, reason rather than prejudice, and judgment rather than censorship.

Approved by the Pleasanton Public Library Commission, April 12, 2001.

Attachment 13
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADOPTING UPDATED LIBRARY POLICIES FOR: 1) PUBLIC ACCESS TO THE INTERNET; 2) LIBRARY MATERIALS RECOVERY; 3) COLLECTION DEVELOPMENT; 4) REQUEST FOR RECONSIDERATION OF MATERIAL FORM; AND 5)

INCLUSIVENESS IN MATERIALS STATEMENT
WHEREAS, the library policies: Public Access to the Internet Policy( 2001), Public Access to Motion Pictures Videos ( 1999), Library Fine/ Fee Waivers ( 2019), Materials Selection Policy 2001), and Defacement of Library Materials Policy ( 1999); and form: Patron Comment Regarding Library Materials Form ( 2001), are outdated or no longer current; and WHEREAS, the policy revisions represent important changes in technology, ensure compliance with the Federal Children' s Internet Protection Act ( CIPA) requirements for grant funding, and reflect changes in the City Fee Schedule in 2019; and WHEREAS, there is a need to add an Inclusiveness in Materials Statement to outline the Library' s position on its freedom to acquire lawful materials, its unwavering commitment to opposing attempts to censor library resources and its dedication to respecting individual choice.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Adopts the following Library policies and form as shown in the exhibits attached to this resolution:
1) Public Access to the Internet Policy
2) Library Materials Recovery Policy
3) Collection Development Policy
4) Request for Reconsideration of Material Form
5) Inclusiveness in Materials Statement
and repeals the policies and form described in the first Recital paragraph, above.

SECTION 2. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on November 7, 2023.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 711 day of November 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney
10 THE CITY OF
ON

CITY COUNCIL AGENDA REPORT
PLEASANTON.,
November 7, 2023
Library and Recreation
TITLE: ADOPT RESOLUTIONS ACCEPTING TWO CALIFORNIA STATE LIBRARY GRANTS FOR ADULT LITERACY SERVICES IN THE AMOUNT OF $ 43, 776 FOR FISCAL YEAR 2023/ 24 AND ENGLISH- AS- A- SECOND- LANGUAGE SERVICES IN THE AMOUNT OF $ 61, 071 FOR FISCAL YEAR 2023/ 24; AND

APPROVE BUDGET AMENDMENTS IN THE MISCELLANEOUS GRANT
FUND

SUMMARY
As a California public research institution, the California State Library directs state and federal funds to support local public libraries, as well as statewide programs and services. The City has been awarded two funding opportunities through the following California State Library grants, for Adult Literacy Services and for English- as- a- Second Language ( ESL) Services. Acceptance of these grants will support the implementation of literacy and English- as- a- Second- Language services to the Pleasanton community.

RECOMMENDATION
Adopt resolutions accepting two California State Library Grants for Adult Literacy Services in the amount of $43, 776 for Fiscal Year 2023/ 24 ( Attachment 1) and for English- as- a- Second- Language Services in an amount of $ 61 , 071 for Fiscal Year 2023/ 24 ( Attachment 2), and amend the FY 2023/ 24 budget appropriation for the Miscellaneous Grant Fund.

FINANCIAL STATEMENT
For the Adult Literacy Services grant, $ 43, 776 has been awarded for staff salaries, literacy materials and operations; for the English- as- a- Second Language ( ESL) Services grant, $61, 071 has been awarded for staff salaries, literacy materials and operations. Staff estimated grant amounts to be included in the FY 2023/ 24 budget; based on actual grant funding awarded for these programs, budget amendments are necessary to decrease the Adult Literary Services grant revenue appropriation in account # 11652102- 331234- 14815 by $ 6, 224 and increase the ESL Services grant revenue appropriation in account # 11652102- 331234- 23815 by $ 71.

Page 1 of 3 ends

BACKGROUND
The library has provided Adult Literacy Services since 1985 and continued to do so following the library' s transition from a branch of the Alameda County Library system to an independent City library in 1999. Then known as the Pleasanton READS Project, the program was initially supported exclusively by the City' s General Fund as part of the library operations budget. The program served adult learners of English by supporting reading, writing, conversation skill acquisition, and preparation for standardized tests and the United States citizenship test with the help of library- trained volunteers.

Since 2006, Pleasanton has received California Library Literacy Services ( CLLS) funding, administered by the California State Library under the direction of the State Librarian. More recently, in FY 2021/ 22, the City received $ 50, 276 in library grant funding which was used to pay for partial salaries and benefits for a four- member grant team, in- service training workshops for volunteers, resources used by staff and participants, ongoing LTE wireless service for Chromebook laptops, and supplies and printing. The library provides learners and tutors with all necessary supplies, materials, and resources, plus meeting space for program participants. In 2022, CLLS awarded the City with an Adult Literacy Services grant and a new supplemental grant to build ESL services in the amounts of $ 48, 639 and $ 61 , 071, respectively. Those grants served a combined total of 291 adult English- language learners and 126 volunteer tutors, which represented a 300 percent increase in adult learners served, up from 97 learners in FY 2021/ 22. Learner feedback indicates that these opportunities fill critical needs that include speaking English and language fluency, building community connections and utilizing unique supports not found elsewhere in the community such as Wi- Fi, computers, printing, books and materials, and library programs.

DISCUSSION
For FY 2023/ 24, the Adult Literacy Services grant will continue to support the existing grant and City- funded Pleasanton Reads program, while the ESL Services grant will expand the program to individuals who have not been traditionally served in the prior grant cycles.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the following Citywide ONE Pleasanton strategic plan goals of Building a Community Where Everyone Belongs, Strategy 1 — Apply strategies from the City diversity, equity, and inclusion ( DEI) action plan to increase equitable access to City programs and services for the community, and Strategy 3 — Implement high priority items from the Library and Recreation Strategic Plan to continue to deliver activities and programs that meet the needs and interests of the community.

Page 2 of 3 ends

Submitted by: Fiscal Review: Approved by:

Heidi Murphy Susan Hsieh Gerry Beaudin
Director of Library Finance Director City Manager
and Recreation
Attachments:

1. Resolution —Adult Literacy Services Grant

2. Resolution — English as a Second Language Grant

Page 3 ends

ATTACHMENT 1
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON

AUTHORIZING STAFF TO ACCEPT THE CALIFORNIA STATE LIBRARY GRANT FUNDS FOR ADULT LITERACY SERVICES FOR FISCAL YEAR 2023/ 24 WHEREAS, the California State Library supports libraries with state funded and federally funded grants, statewide subscriptions to electronic resources, and statewide initiatives with partners offering further resources; and
WHEREAS, the Pleasanton Public Library' s Adult Literacy Services Grant application was selected for grant funding, which will be used to enhance services to the Pleasanton community.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:

SECTION 1. Authorizes the City Manager to accept the California State Library grant funds for California Library Literacy Services in the amount of$ 43, 776, as referenced in Exhibit A, and execute all necessary documents required by the grant program.

SECTION 2. This Resolution shall become effective immediately upon its passage and adoption.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on November 7, 2023.

I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 7th day of November 2023 by the following vote:

Ayes:

Noes:

Absent:

Abstain:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney
Exhibit A

CALIFORNIA

STATE LIBRARY
September 7, 2023
Heidi Murphy
Pleasanton Public Library
400 Old Bernal Avenue
Pleasanton, CA 94566
Dear Ms. Murphy,
We' re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community.

The state budget continues California Library Literacy Services funding at $4. 82 million for adult literacy services and $ 2. 5 million for family literacy services.

Your total award amount for the 2023- 2024 fiscal year beginning July 1 , 2023, is:

Adult Literacy Services: $ 43, 776
Total Award: $ 43, 776
Please note: This year your Adult Literacy Services award amount differs $ 1 from your projected award amount. You will need to complete a Budget Modification Form to allocate the additional funds.

Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award:
90% of the Adult Literacy Award: $ 39, 398
Total Initial Award Amount: $ 39, 398
Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet.

Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31 , 2024. Encumbered funds are those that have been deposited in Library— Courts Building 916- 323- 9759
P. O. Box 942837 csl- adm@library. ca. gov
Sacramento, CA 94237- 0001 www.library. ca. gov
DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 AlIFORNIA

STATE LIBRARY
the grantee' s accounting system and for which a budget has been provided to and approved by the State Library.

To ensure program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at Allyson. Jeffredo@library. ca.gov.

We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/ a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Pro-gram Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website.

The payment process begins when we receive your completed and signed budget modification form ( if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached).

All forms should be completed and signed through DocuSign to be processed for payment.

Our library literacy staff are available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg,
beverly. schwartzberg@library ca.gov, and your Grant Monitor Allyson Jeffredo, Allyson. Jeffredo @library. ca. gov, with any questions.

Thank you for your willingness to do so much for those in your community. Best wishes for a successful year.

Respectfully yours,
DocuSigned by:

S
BDA50981 C41 C416..

Greg Lucas
California State Librarian
Cc: Beverly Schwartzberg, beverly. schwartzberg@library. ca. gov Allyson Jeffredo, allyson. ieffredo@library. ca.gov
Library— Courts Building 916- 323- 9759
P. O. Box 942837 csl- adm@library. ca. gov
Sacramento, CA 94237- 0001 www. library. ca. gov
DocuSign Envelope ID: 9145901C-086E- 4E66-A344- FEEE32AD4436

06. is
MAM. STATE LIBRARY
Fiscal Office, [email protected]. c ov
Julie Eseltine, leseltine@cityofpleasantonca. aov
Lori Carducci, Icarducci@cityofpleasantonca. aov
Enc: Re: CLLS23- 60: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance
Library— Courts Building 916- 323- 9759
P. O. Box 942837 csl- adm@library. ca. gov
Sacramento, CA 94237- 0001 www. library. ca. gov
DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library

THE BASICS - YOUR GRANT AWARD
The following provides basic information about your grant and managing your grant.

Award #: CLLS23- 60
Library: Pleasanton Public Library
Total Award Amount: $ 43, 776

APPROVED ALS BUDGET
Salary and Benefits $ 35, 350
Contract Staff $ 0
Operations $2, 425
Library Literacy Materials $ 6, 000
Small Equipment $ 0
Equipment $ 5, 000 or more per unit $ 0
Subtotal $ 43, 775
Indirect $ 0
Award Difference to be Adjusted
included in grant total below $ 1
Grant Total $ 43, 776
Start Date: Upon execution
End Date: June 30, 2024
Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor.

CONTACT
We want your project to be successful. Please work with the program staff listed below to implement your project:

Literacy Analyst: Allyson Jeffredo
Phone Number: 916 603- 6709
Email Address: allyson. jeffredo@library. cg.gov
Library Programs Consultant: Beverly Schwartzber
Phone Number: 916 701- 6880
Email Address: beverly. schwartzberq@library. ca. gov
DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880- 18883 of the California Education Code.
400 Old Bernal Avenue, Pleasanton, CA 94566

SIGNED DATE
DOCUSigned by:

E yy btau,lht,
9/ 13/ 2023
3239C91940BF4B6_.

Signature - Authorized representative
Gerry Beaudin
city Manager
Typed/ Printed Name and Title of Authorized Representative gbeaudin@cityofpleasantonca. gov
Email address of authorized representative
DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
PROJECT INFORMATION:

Invoice #: CLLS23- 60
Project Title: California Library Literacy Services
Grantee: Pleasanton Public Library
Funding Start Date: Upon execution
Term Completion: June 30, 2024
DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
Total Award: $ 43, 776
PAYMENT SCHEDULE:

Libraries receive 90% of their Adult Literacy Services award upon receipt of the award letter.

Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid- Year Report form.

Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1 , 2023, in which the funds are awarded until December 31 the following year.

Adult Literacy Total Allocation
Services
Initial Payment 39, 398 39, 398
Final Payment 4,378 4, 378
Total: 43, 776 43, 776
REPORTING:

Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due.

All required reporting materials will be located on the California State Library' s website. The reporting schedule is detailed below.

Mid- year Financial and Narrative Due January 31 , 2024 Report
Final Report Due September 30, 2024
Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st.

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FIN CALIFORNIA

GO STATE LIBRARY

STATE FUNDED GRANTS

AWARD AGREEMENT AND

CERTIFICATE OF COMPLIANCE
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DIM CALIFORNIA
I 1 STATE LIBRARY

TABLE OF CONTENTS
PROJECT SUMMARY 2

PROCEDURES AND REQUIREMENTS
A. Term of the Agreement 3
B. Scope of Work 3
C. Budget Detail 3
D. Narrative and Financial Reports 4
E. Claim Form and Payment 5
EXHIBIT A: TERMS AND CONDITIONS 7
EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22
Certification 25
EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27
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STATE LIBRARY

PROJECT SUMMARY
AWARD AGREEMENT BETWEEN THE STATE LIBRARY and Pleasanton Public Library for the California Library Literacy Services project.

AWARD AGREEMENT NUMBER CLLS23- 60
This Award Agreement (" Agreement") is entered into on July 1 , 2023, by and between the California State Library (" State Library") and Pleasanton Public Library, (" Grantee").

This Award Agreement pertains to Grantee' s State-funded California Library Literacy Services project.

The Library Development Services Bureau (" LDS") of the State Library administers state and federal funds in the form of awards.

The Grantee was selected by the State Library to receive state grant funds in the amount of $43, 776 through the process adopted by the State Library in administering such grants.

The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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CA ' I FORN I

STATE LIBRARY
PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Grant term begins July 1, 2023, and ends June 30, 2024. The project' s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project' s final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024.

B. Scope of Work
1 . Grantee agrees to perform all activities specifically identified in the Grantee' s application and submitted to the State Library in response to the California Library Literacy Services project.

2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following:

Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP).

Make financial records available to the State Library upon request.

Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.

Prepare and submit required narrative and financial reports.

Procure equipment, and other supplies as needed for the project.

Issue contracts for services, personnel, and consultants as needed for the project.

If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.

Oversee the implementation of project activities.

C. Budget Detail
The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee' s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
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the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement.

D. Narrative and Financial Reports
1 . The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/ or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
July 1 - December 31 Mid- Year Report Due January 31, 2024 July 1 - June 30 Final Report Due September 30, 2024

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/ or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five ( 5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment
1 . The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application.

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2. The Grantee shall complete, sign, and submit Certification of Compliance form Exhibit B) and the Financial Claim form ( included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options.

3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/ encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Grantee. It is the Grantee' s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. The Final Payment of 10% ( if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq.

The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: 9145901C- 086E- 4E66-A344- FEEE32AD4436 Pleasanton Public Library
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either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount.

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CALIFORNIA.

III STATE LIBRARY
EXHIBIT A: TERMS and CONDITIONS
1 . Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 1 1 135, and the Web Content Accessibility Guidelines 2. 0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including " NOT ACCESSIBLE" in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project.
a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator.
b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is:

This [ publication/ project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library."
Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable:

Funding provided by the State of California."
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c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement( s).
e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library' s photo release form or contact your grant monitor for the State Library' s form.

3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third- party person or entity, either in whole or in part, without the California State Library' s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns.

7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five ( 5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: 9145901C- 086E-4E66-A344-FEEE32AD4436 Pleasanton Public Library
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completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/ or cancelled checks.

8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization' s behalf.

9. Communication: All communications from either party, including an interim check- in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below:

California State Library
Pleasanton Public Library Allyson Jeffredo
Heidi Murphy 900 N Street
400 Old Bernal Avenue
Sacramento, CA 95814
Pleasanton, CA 94566
Allyson. ieffredo@library. ca. gov
hmurphy@cityofpleasantonca. go
916) 603- 6709
v
925) 931- 3406
1 . Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
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directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Grantee. The Grantee' s obligation to pay its contractors and subcontractors is an independent obligation from the State' s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. ( 17 U. S. C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

4. Discharge of Grant Obligations: The Grantee' s obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non- profit entity, the Grantee' s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written Notice of Dispute" with the State Library Grant Monitor within ten ( 10) days of discovery of the problem. Within ten ( 10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute.

6. Drug- free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug- Free Workplace Act of 1990 ( Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug- Free Awareness Program to inform employees about all of the following:

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1) The dangers of drug abuse in the workplace.
2) The Grantee' s policy of maintaining a drug- free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations.
c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Grantee' s drug- free workplace policy statement.
2) Agrees to abide by the terms of the Grantee' s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above.

7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee.

10. Executive Order N- 6- 22- Russia Sanctions: The Grantee shall comply with Executive Order N- 6- 22 ( the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. " Economic Sanctions" refers to sanctions imposed by the U. S. government in response to Russia' s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee' s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline.

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12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent ( 10%) withhold.

13. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act ( FICA) payments from Grantee' s payments or make FICA payments on the Grantee' s behalf; or
b. Make Federal or State unemployment insurance contributions on Grantee' s behalf; or
c. Withhold Federal or State income taxes from Grantee' s payments.

Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

14. Force Maieure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent ( 10%) withhold, and/ or to repay to the California State Library any funds improperly expended.

16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

18. Grant Monitor: The Grant Monitor' s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement.

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The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions ( Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements.

19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee' s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports.

20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library.

21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed- upon timeline. Grantee' s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement.

23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

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24. License to Use: The California State Library reserves a fully paid- up, royalty-free, nonexclusive, sub- licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without thirdparty rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant, sub- grant, or contract under this grant or sub- grant; and
b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support.

25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee' s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $ 43, 776 and shall be expended/ encumbered in the designated award period.

During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

26. Lobbying_ Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U. S. Internal Revenue Code of 1986.

27. Non- Discrimination Clause: During this grant period, the Grantee and the Grantee' s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code 12900 et seq.), the regulations promulgated thereunder ( Cal. Code Regs., tit. 2, DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
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1 1000 et seq.), the provisions of Article 9. 5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code ( Gov. Code §§ 1 1 1 35- 1 1 1 39. 5), and the regulations or standards adopted by the California State Library to implement such article.

Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

See Cal. Code Regs., tit. 2, § 1 1 105.) Grantee shall include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail ( E- mail): When sent by e- mail to the last e- mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign ( e- signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library' s Grants Management System a notification will be sent to the last e- mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient' s physical address as stated in this Agreement.
e. U. S. Mail: Five days after being deposited in the U. S. Mail, postage prepaid, and addressed to recipient' s address as stated in this Agreement.

29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as " Terms").

Grantee' s California State Library-approved Application (Grantee' s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
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provisions that constitute this Agreement, the following order of precedence shall apply:
a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions
c. Procedures and Requirements
d. Certificate of Compliance
e. Project Summary
f. Grantee' s Application ( including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference.

30. Payment:
a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee' s Application at only those costs specified in the Budget and incurred in the term of the Agreement.
b. The Grantee shall carry out the work described in the Work Plan or in the Grantee' s Application in accordance with the approved Budget and shall obtain the Grant Monitor' s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee' s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement.
d. Ten percent ( 10%) will be withheld from the Payment Request ( if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Grantee' s eligible costs are limited to the amounts authorized in the California State Administrative Manual ( see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee.

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g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements.
31 . Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled.

33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables.

34. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library.

36. Public Records Act: Material maintained or used by the California State Library is considered " public record" under the Public Records Act ( PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication.

Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists.

37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEE E32AD4436 Pleasanton Public Library
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format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library' s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties.

38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five ( 5) years after the end- of-term. The State Library may monitor or conduct an onsite evaluation of Grantee' s operation to ensure compliance with this Agreement, with reasonable advance notice.

39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.
41 . Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library.
a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.

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d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient' s administrative duty under the award.
e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner:
o $ 39, 398 upon execution of the agreement and submission of claim by the grantee organization.
o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of 4, 378.

42. Self- Dealing and Arm' s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm' slength transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, " arm' s- length transactions" are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity' s business and the entity chooses the lowest of the resulting bids. " Self- dealing" is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended.

43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety ( 90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty ( 30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: 9145901C- 086E- 4E66- A344- FEEE32AD4436 Pleasanton Public Library
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shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

47. Unused Funds: At the end- of- term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: ( 1) not used for their intended purpose, or ( 2) used inconsistent with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end- of-term or earlier termination, as determined by the State Library in its sole discretion.

48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library' s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library' s rights or of any of grantee' s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

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50. Worker' s Compensation: The State of California will not provide Workers' Compensation insurance for Grantee or Grantee' s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers' Compensation insurance for them.

The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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CALIFORNIA

STATE LIBRARY
EXHIBIT B: CERTIFICATION of COMPLIANCE FORM
1 . AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program.

2. 1 certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so.

3. 1 certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/ grant award and have entered into an agreement( s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/ or as amended in the application by the California State Librarian.

4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form.

5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $ 43, 776. This award will provide library services as set forth in the Project Application as approved and/ or as amended by the California State Librarian.

6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non- discrimination program requirements. (Gov. Code § 12990 ( a-f) and CCR, Title 2, Section 1 1 102).

7. DRUG- FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug- Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug- Free Awareness Program to inform employees about:

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1) the dangers of drug abuse in the workplace;
2) the person' s or organization' s policy of maintaining a drug-free workplace;
3) any available counseling, rehabilitation and employee assistance programs; and,
4) penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and,
2) agree to abide by the terms of the company' s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. ( Gov. Code § 8350 et. seq.)

8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification.

Current State Employees ( Pub. Contract Code § 10410):
a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees ( Pub. Contract Code § 10411):
a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision- making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve- month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy- making position in the same general subject area as the proposed contract within the 12- month period prior to his or her leaving state service.

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If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. ( Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. ( Pub.

Contract Code § 10430 ( e)).

9. LABOR CODE/ WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. ( Labor Code § 3700).

10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act ( ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. ( 42 U. S. C. 12101 et. seq.) 11 . RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity.

13. DRUG FREE WORKPLACE:
a. Continue to provide a drug- free workplace by complying with the requirements in 2 C. F. R. part 3186 ( Requirements for Drug- Free Workplace Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C. F. R. part 3186, which adopts the Government-wide implementation ( 2 C. F. R. part 182) of sections 5152- 5158 of the Drug- Free Workplace Act of 1988 ( P. L. 100- 690, Title V, Subtitle D; 41 U. S. C. §§ 701- 707).
b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug- free workplace; publishing a drugfree workplace statement; establishing a drug- free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards.

15. NON- DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non- discrimination laws.

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