Pleasanton City Council
December 5, 2023

SECTION 4.That the amount of the development impact fees collected, the cash balance (including interest earnings) as of June 30, 2023, for each fee held for five years or more, the purpose the fee is committed, additional sources of funding and the expected date that funding will be available are as follows:

Park Development Fund (Fund 222)
Amount collected in previous fiscal years subject to 5-year limitation: $5,277,659 Funds are committed to the following project:
•New Community Park Site Acquisition Reserve – Project #03728 Description: This project involves identifying potential sites to construct a new community park in the northeast area of the city and establishing a reserve to eventually acquire an appropriate site of approximately 30 to 40 acres of contiguous land. Amenities could include youth area with various play equipment, a picnic area, open field play space, an exercise course, restrooms, pathways, and landscaping. The exact type and mix of uses for this site will be determined through a Park Master Plan process, managed by staff and the Parks and Recreation Commission.

Approximate project completion date: On-Going
Project cost: $6,669,923
Source of funding: Park Development Fund
% funded by development impact fees: 100%
Traffic Impact Fund (212)
Amount collected in previous fiscal years subject to 5-year limitation: $4,822,540 Funds are committed to the following project:
•Johnson Drive Economic Development Zone – Project #18531 Description: This project design and construct the transportation improvements associated with the Johnson Drive Economic Development Zone: traffic signals on Johnson Drive (Commerce Drive and Owens Drive North); Stoneridge Drive and Johnson Drive left turns; Stoneridge Drive and 680 northbound on ramp widening; and Johnson Drive widening.

Approximate project completion date: 2024
Project cost: $6,385,865
Source of funding: Traffic Impact Fee
% funded by development impact fees: 100%
Tri-Valley Transportation Fund (214)
Amount collected in previous fiscal years subject to 5-year limitation: $1,621,640 Funds are committed to the following project:
•Tri-Valley Transportation Development Fee Reserve – Project #01541 Description: This project establishes a reserve fund for various regional projects to help mitigate traffic congestion in the Tri-Valley area. These funds represent a portion of the costs and are the City’s 20% set-aside portion of the Tri-Valley Transportation Development Fees (TVTDF) collected in the city of Pleasanton.

The Tri-Valley projects include the following: I-580/I-680 flyover and hook ramps, State Route 84/I-580 corridor improvements from I-580 to I-680, Isabel Route 84/I-680 Interchange, I-680 auxiliary lanes between Bollinger Canyon Road and Diablo Road, West Dublin-Pleasanton BART Station, I-580 HOV lanes from Tassajara Road to Vasco Road, I-680 HOV lanes from State Route 84 to the top of Sunol Grade, I-680/Alcosta Boulevard Interchange Modifications, Crow Canyon Road Safety Improvements, Vasco Road Safety Improvements, and

Express Bus Service. In addition to these projects, TVTC has approved 11 additional projects which include the El Charro Road extension in Pleasanton.

Approximate project completion date: On-Going
Project cost: $1,852,517
Source of funding: Tri-Valley Transportation Development Fee % funded by development impact fees: 100%
Downtown Parking-In-Lieu Fund (104)
Amount collected in previous fiscal years subject to 5-year limitation: $658,873 Funds are committed to the following project:
•Expand Parking on Downtown Transportation Corridor – Project #17448 Description: A public parking lot on the transportation corridor between Bernal Avenue and Abbie Street. The project replaces an existing stabilized gravel parking lot that has a one-way drive isle and diagonal parking. The new parking lot will be similar to the Firehouse Arts Center parking lot with a two-way drive isle, ninety-degree parking on each side, walking path and landscaping. The project requires a 5-to-6-foot retaining wall along the west edge of the railroad corridor, drainage improvements, stormwater treatment facilities, curb, gutter, new asphalt and striping.

Approximate project completion date: 2024
Project cost: $3,501,745
Source of funding: Downtown Parking In-Lieu and General Fund CIP % funded by development impact fees: 22% eligible to be funded SECTION 5.That the City Clerk shall certify 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 December 5, 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 by the following vote:

Ayes: Councilmembers
Noes:

Absent:

Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel Sodergren, City Attorney

Development Impact Fees Subject to AB1600 Attachment 2
Capital Facilities Fund 203
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 5,858,408$ 6,542,424$ 6,258,265$ 3,568,430$ 712,766 $

REVENUE
Capital Facilities Fees 537,080 650,722 509,720 169,942 423,911 Interest (includes GASB31 interest adjustment) 208,393 216,758 (1,186) (104,712) 37,628 TOTAL REVENUE 745,473 867,480 508,534 65,230 461,539

TRANSERS
Transfers Out* (1,107,829) (1,210,000)
TOTAL TRANSFERS - (1,107,829) (1,210,000) - -

EXPENDITURES
Animal Shelter Leases #94451 15,993 15,532 12,968 15,037 Annual Court Resurfacing #20744 7,630
Design of Aquatic Center 50 Meter Pool Deck & Replaster, #22781 13,894 Design Fire Station#2 Improvement #18424 9,375
Landscape Median Construction & Renov #06451 9,038 4,230 Library Lighting, #23493 4,954
Library Roof Replacement, #14408 430,000
LPFD Fire Stations 3 - Design and Construct #17423 5,000 11,273 1,966,363 2,905,858 LPFD Fire Stations 4 Repair #11429 40,464
Police Department Training Facility, #22482 51,000
Remove City Hall Modular Buildings, #21463 20,823
TOTAL EXPENDITURES 61,457 43,810 1,988,369 2,920,894 524,901 ENDING FUND BALANCE 6,542,424$ 6,258,265$ 3,568,430$ 712,766 $ 649,404$ Unexpended Fees Subject to AB1600
5,858,408$ Beginning Fund Balance, 7/1/18
(2,317,829) Transfers Out*
(5,539,431) Total Expenditures
(1,998,852)$ All Fees Subject to AB1600 Have Been Spent as of 6/30/23 * Transfers Out to Fund 222 Parks share of Capital Facilities Fees ($1,107,829 in 2019/20 & $1,210,000 in 2020/21).

Development Impact Fees Subject to AB1600
Park Development Fund 222
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 12,397,242$ 11,809,991$ 10,201,084$ 10,370,514$ 9,577,545$

REVENUE
Park Dedication In Lieu Fees 680,378 - - - - Interest (includes GASB31 interest adjustment) 374,021 301,900 24,364 (498,206) (38,988) TOTAL REVENUE 1,054,399 301,900 24,364 (498,206) (38,988)

TRANSFERS
Transfers In* 545,855 1,107,829 1,210,000 Transfers Out** (272,274)
TOTAL TRANSFERS 545,855 835,555 1,210,000 - -

EXPENDITURES
Alviso Adobe Strategic Plan Implementation, #18725 42,745 Amador Theatre Facility Assessment #17714 24,357
Bocce Ball Courts #16725 14,556 32,954 1,936 Cemetery Storm Repair, #23668 85,050.27
Century House Facility Assessment #17753 43,500
Design Inclusionary All Access Playground #20773 39,631 76,883 Design Skate Park #20774 28,607 86,906 130,121 General Trail Improvement And Development, #01737 2,031 Library Office Remodel #17750 54,200 1,033,353 168,411 Lions Wayside and Delucchi Parks #06716 2,051,462 232,558 101,593 66,618 17,025 Mountain Bike Trail #20771 330 49,083 27,918 276,537 Pioneer Cemetery South Hill Improvement #21765 715,913
Pioneer Masterplan Implementation #16446 76,616 (71,347) 12,082 234 Replace Concession Stand #17747 364,635 3,190
Refund of Permit Fees #99999 9,707
Softball Field House/Booth Renovation #17746 1,005,916 27,917 Trails Master Plan #16734 11,722
TOTAL EXPENDITURES 2,187,505 2,746,362 1,064,934 294,763 553,745 ENDING FUND BALANCE 11,809,991$ 10,201,084$ 10,370,514$ 9,577,545$ 8,984,812$

REVISED ENDING FUND BALANCE
*Transfers In from Fund 203 Capital Facilities Fund - Parks share of Public Facilities Fees ($1,107,829 in FY20 & $1,210,000 in FY21), and Fund 201 Miscellaneous Capital Improvement Fund for Park related CIP Projects ($545,855 in FY19 and $16,200 in FY18) **Transfers Out to Fund 403 Cemetary Capital Improvement for Pleasanton Pioneer Cemetery related capital projects.

Unexpended Fees Subject to AB1600
12,397,242$ Beginning Fund Balance, 7/1/18
(272,274) Transfers Out*
(6,847,309) Total Expenditures
5,277,659$ Unexpended Fees Subject to AB1600 at 6/30/23

Development Impact Fees Subject to AB1600
Traffic Impact Fund 212
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 8,603,106$ 10,068,869$ 10,299,661$ 10,108,108$ 8,914,956$

REVENUE
Traffic Impact Fees 1,240,533 452,113 40,490 691,052 950,639 Interest (includes GASB31 interest adjustment) & Others 301,459 304,603 24,859 (486,829) (50,622) TOTAL REVENUE 1,541,992 756,716 65,349 204,224 900,016

TRANSFERS
Transfers In* 396,743 810,826
TOTAL TRANSFERS 396,743 - 810,826 - -

EXPENDITURES
Bi-Annual Traffic Signal Installation #17532, #23532 8,406 4,750 4,136 352,055 153,229 Hopyard Road and Owens Drive Intersection Impr #15525 57,572 6,265 I-680 Sunol Boulevard Improvement #15551 334,908 223,266 562,270 510,041 161,659 Intersection Improvements #15541, #17541, #20541, #20569 55,165 52,474 325,762 9,526 Johnson Dr Econ Development Zone #18531 297 275,912 1,679 Nevada Street Improvements #20565 53,312 152,912
Refund of Permit Fees - #99999 2,556
Right of Way Traffic to Caltrans #16506 2,850 91,446 44,839 25,553 Signal Detection Upgrade #17568 147,723 77,112 71,376 Traffic Model Update #15554 11,515
TOTAL EXPENDITURES 472,972 525,924 1,067,728 1,397,375 316,567 ENDING FUND BALANCE 10,068,869$ 10,299,661$ 10,108,108$ 8,914,956$ 9,498,406$

REVISED ENDING FUND BALANCE
*Transfers In from Fund 201 Miscellaneous Capital Improvement Fund for various traffic related CIP Projects ($360,553), Fund 001 General Fund for the local match of Intersection Improvements Project 17541 ($36,190) in FY19, and Fund 213 Traffic Impact Funds related to Bernal Property ($810,826) in FY21.

Unexpended Fees Subject to AB1600
8,603,106$ Beginning Fund Balance, 7/1/18
(3,780,565) Total Expenditures
4,822,540$ Unexpended Fees Subject to AB1600 at 6/30/23

Development Impact Fees Subject to AB1600
Tri-Valley Transportation Fund 214
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 1,621,640$ 1,919,319$ 2,031,255$ 2,076,524$ 2,086,048$

REVENUE
Tri-Valley Transportation Fees 241,513 52,205 38,638 114,609 68,435 Interest (includes GASB31 interest adjustment) 56,166 59,731 6,631 (105,085) (20,691) TOTAL REVENUE 297,679 111,936 45,269 9,524 47,743

EXPENDITURES
*Refund of Permit Fees - #99999

TOTAL EXPENDITURES - - - - - ENDING FUND BALANCE 1,919,319$ 2,031,255$ 2,076,524$ 2,086,048$ 2,133,792$ Unexpended Fees Subject to AB1600
1,621,640$ Beginning Fund Balance, 7/1/18
- *Refund of Permit Fees
1,621,640$ Unexpended Fees Subject to AB1600 at 6/30/23

Development Impact Fees Subject to AB1600
Downtown Parking-In-Lieu Fund 104
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 658,873$ 695,443$ 716,421$ 718,640$ 682,936$

REVENUE
Parking-In-Lieu Fees 14,500 - - - - Interest (includes GASB31 interest adjustment) 22,070 20,978 2,219 (35,703) (3,186) TOTAL REVENUE 36,570 20,978 2,219 (35,703) (3,186)

TRANSFERS
Transfers In

TOTAL TRANSFERS - - - - -

EXPENDITURES

TOTAL EXPENDITURES - - - - - ENDING FUND BALANCE 695,443$ 716,421$ 718,640$ 682,936$ 679,751$ Unexpended Fees Subject to AB1600
658,873$ Beginning Fund Balance, 7/1/18
- Total Expenditures
658,873$ Unexpended Fees Subject to AB1600 at 6/30/23

Development Impact Fees (For Information Only)
Lower Income Housing Fund 122
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 9,481,422$ 9,900,276$ 10,357,205$ 11,160,053$ 11,845,472$

REVENUE
Lower Income Housing Fees 1,683,397 486,444 837,895 1,289,543 1,571,955 Loan Proceeds 80,983 37,415 70,291 82,859 142,172 Miscellaneous Revenues 1,119,612 581,093 1,050,998 987,592 751,997 Interest (includes GASB31 interest adjustment) 293,855 307,947 33,796 (606,079) (113,941) TOTAL REVENUE 3,177,847 1,412,899 1,992,980 1,753,915 2,352,183

TRANSFERS
Transfers Out
TOTAL TRANSFERS -$ -$ -$ -$ -$

EXPENDITURES
1st Time Home Buyer Program #16927, #21904 45,650 46,735 40,572 35,100 25,000 Centro Legal De La Raza - Housing - #22904 59,245 40,000 City Down Payment Assistance - #14918 90,000
Comm Resources-Independent Living -#11870 15,000 13,705 19,501 15,000 15,000 Coronavirus (COVID-19) #20903 5,322
Echo Housing - #11853 64,153 61,631 46,427 56,081 55,458 Emergency Rental Assistance Program #20904 250,000 450,000 Goodness Village - Tiny Home Comm, # 11868 40,000
Housing Case Mgmt Scholarships - #11867 45,903 41,087 41,308 33,827 39,361 Housing Loan Expense 29,590
Housing Rehab #11858 568 569 460 477 447 Housing Rehabilitation Program #17903 48,542 3,455 37,922 178,383 57,061 Leap Grant Housing #21801 221,039
Miscellaneous Housing Expenditures - #99999 61,021 121,337 122,772 230,133 113,040 Overhead - Administrative Expense - #99999 365,023 387,129 396,170 425,249 350,769 Sunflower Hill Special Needs Housing #17913 2,071,543
Tri-Valley Reach - #11866 12,000 25,000 35,000 35,000 40,707 TOTAL EXPENDITURES 2,758,993 955,970 1,190,132 1,068,495 1,087,881 ENDING FUND BALANCE 9,900,276$ 10,357,205$ 11,160,053$ 11,845,472$ 13,109,774$ Unexpended Fees
9,481,422$ Beginning Fund Balance, 7/1/18
- Transfers Out*
(7,061,472) Total Expenditures
2,419,950$ Fees collected prior to FY18 not yet spent

Water Connection Fees Subject to SB1760 Attachment 3
Water Expansion Fund 422
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 4,146,049$ 3,981,279$ 4,077,864$ 3,963,132$ 3,806,242$

REVENUE
Water Connection Fees 117,000 262,800 161,860 65,160 109,200 Interest (includes GASB31 interest adjustment) 134,216 122,584 12,371 (198,431) (23,983) TOTAL REVENUE 251,216 385,384 174,231 (133,271) 85,217

TRANSFERS
-

TOTAL TRANSFERS -

EXPENDITURES
Bi-Annual Hydrant Lateral Project #17135 139,835
Bi-Annual Water Quality Improvement Project #17100 46,658 259,127 44,215 Committee Valley Water Retailers - #802011
Del Valle Parkway Water Main Extension - #94115 203,109 Foothill and Sycamore RCD # 20156 25,936
Overhead Charge for Inspection/Engineering - #99999 45,343 21,511 12,559 1,471 12,757 Reimbursable Project #99999 175,982
Ruby Hill - Additional Water Storage #15146 8,168
Water Capacity Evaluation #18134 8,161 29,080 22,149 34,841 TOTAL EXPENDITURES 415,986 288,799 288,963 23,620 73,534 ENDING FUND BALANCE 3,981,279$ 4,077,864$ 3,963,132$ 3,806,242$ 3,817,925$ Effective September 21, 1998, the California Senate adopted Bill No. 1760, an amendment of California Government Code Section 66013, requires disclosing the following information regarding development fees and charges within 180 days after the close of the fiscal year:

Sewer Connection Fees Subject to SB1760
Sewer Expansion Fund 432
Fund Balance, Fees Collected, Interest Earned, Transfers and Project Expenditures - Five Year History 2018/19 2019/20 2020/21 2021/22 2022/23
BEGINNING FUND BALANCE 2,741,692$ 2,905,821$ 3,038,704$ 3,070,940$ 2,946,504$

REVENUE
Sewer Connection Fees 72,385 43,661 22,584 36,852 77,496 Interest (includes GASB31 interest adjustment) 91,744 89,222 9,652 (154,184) (16,717) TOTAL REVENUE 164,129 132,883 32,236 (117,332) 60,778

EXPENDITURES
Overhead Charge for Inspection/Engineering - #99999 2,307 23,247 Sewer Capacity Evaluation - #16245 4,797 55,413 TOTAL EXPENDITURES - - - 7,104 78,661 ENDING FUND BALANCE 2,905,821$ 3,038,704$ 3,070,940$ 2,946,504$ 2,928,622$ Effective September 21, 1998, the California Senate adopted Bill No. 1760, an amendment of California Government Code Section 66013, requires disclosing the following information regarding development fees and charges within 180 days after the close of the fiscal year:

CITY OF PLEASANTON Attachment 4

DEVELOPMENT IMPACT AND CONNECTION FEES
A. Capital Facilities Fee (includes Quimby Act)
Residential (per dwelling unit)
Single-family detached $20,041
Single-family attached (Townhouse) $14,280
Multi-family (Apartment, Condominium) $14,280
Accessory Dwelling Units (ADU) e.g. In-law, Aupair, etc Less than 749 sq. ft. $0
750 sq ft or greater ADU, whether attached or detached to a detached single-family dwelling 750- 1,000 sq ft $5,010
> 1,000 sq ft $10,020
750- 1,000 sq ft $3,569
> 1,000 sq ft $7,139
Non-Residential (per square foot)
Office $2.91
Research & Development $2.32
Light Manufacturing $0.93
Service/Commercial $2.11
Warehouse $0.93
Retail $2.11
Restaurant $2.11
Hotel/Motel (per Room) $1,148
B. Affordable Housing Fee
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Residential Single-family detached (over 1,500 sq ft) $50,480 (per dwelling unit)Single-family detached (1,500 sq ft or less) $49,391 Multi-family (Apartment, Condominium) $49,391
Accessory Dwelling Unit( In-law, Aupair, etc..) $0
Non-ResidentialRetail $5.21
(per square foot) Hotel/Motel $3.59
Office $8.68
Industrial $14.42
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Due at the time building permit is issued
PMC 3.22.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.
750 sq ft or greater ADU, whether attached or detached to an attached single-family (e.g Town home) or multi-family (apartment or condominium) dwelling
PMC 17.40.070, Subject to an annual inflation adjustment on January 1 of each year, based upon the Consumer Price Index (CPI) for the San Francisco/Oakland region.

C. Transportation Development Fee
Applicable to all new construction and non-residential additions exceeding 200 sq ft.

Residential (per dwelling unit)
Single-family detached $11,392
Single-family attached (Townhouse) $11,392
Multi-family (Apartment, Condominium) $7,005
Accessory Dwelling Units (ADU) e.g. In-law, Au Pair, etc 749 sq ft or less ADU to either single or multi-family dwelling $0 750- 1,000 sq ft $2,848
> 1,000 sq ft $5,696
750- 1,000 sq ft $1,751
> 1,000 sq ft $3,502
Non-Residential (per square foot)
Office $17.78
Commercial/Retail $26.13
Industrial $10.76
Research & Development $13.39
Hotel/Motel (per Room) $7,511.08
D. Tri-Valley Transportation Development Fee
-
-
Residential Single-family detached $6,596.40
(per dwelling unit)Single-family attached (Townhouse) $6,596.40 Multi-family (Apartment, Condominium) $3,889.20
Accessory Dwelling Unit (ADU Aupair, etc.) $0
Affordable Housing Units $0
Non-residential Office, per square foot of gross floor area $8.81 Retail, per square foot of gross floor area $5.07
Industrial, per square foot of gross floor area $4.97
Other Uses, per average am/pm peak hour trip $6,100.68
E. Downtown Revitalization District Parking In-Lieu Fee -
-
Per parking space $23,554.08
PMC 18.88.120 When development within the Downtown Revitalization District is not able to accommodate all of its required parking onsite the following fee will be collected by the City to purchase land for and to construct public parking lots.

Subject to annual inflation adjustment on April 1 of any year in which the fee has not been recalculated, based on the annual change in ENR Construction Cost Index.

PMC 3.26.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.
750 sq ft or greater ADU whether attached or detached to a detached single-family, or to an attached single-family dwelling (townhouse)
750 sq ft or greater ADU whether attached or detached to attached multi-family dwellin(s) other than a townhome (e.g. apartment or condominium)
Collected for Tri-Valley Transportation Council to fund traffic mitigation improvements in the TVDA Subject to an annual adjustment (by the TVTC) on Jul 1 of each year based upon the Engineering News Record Construction Cost Index for the San Francisco Bay Area

F. Johnson Dr. EDZ Transportation Development Fee
Retail, per square foot
Retail-Parcel 4 $32.56
Retail-Parcel 7 $32.56
Retail-Parcel 8 $32.56
Retail-Parcel 1 $35.80
Retail-Parcel 6b $38.12
Retail-Parcel 11 $41.86
Retail-Parcel 9 $43.88
Office, per square foot $15.74
Hotel, per square foot $16.24
G. Water Connection Fees - City
$460 $1,200
$690 $1,800
$1,150 $3,000
$2,300 $6,000
$3,680 $9,600
$5,290 $13,800
$7,360 $19,200
$8,050 $21,000
$23,000 $60,000
$46,000 $120,000
$80,500 $210,000
$126,500 $330,000
Due at time building permit is issued.

PMC 3.44.040 Subject to an annual inflation adjustment on January 1 of each year based upon the Engineering News Record Construction Cost Index (CCI) for the San Francisco Bay Area.

For each single family house, or any other use that is determined by the City Engineer or the Engineer's duly appointed representative to have a water demand equivalent to that of a single-family house, for normal domestic-type water uses only, there shall be a connection fee charged for each service connection as indicated in the following table. This shall be the minimum charge for all uses. For all other uses, for each service connection, a charge shall be made as established in the following table depending on the size of the meter required for that service connection as determined by the City Engineer or his duly appointed representative.

Amounts DO NOT include water meter installation fees,
which are revised periodically based on current costs for labor & materials as authorized in Section B "Water Meter & Installation Fees".

Meter Size
N.

Pleasanton
Improvemen
t Dist 2B
All Other Service
Connections
5/8 inch (displacement type)
For any larger service connection, the City Engineer or his duly appointed representative will determine the charge; or a battery of meters may be used at the City Engineer's option. 3/4 inch (displacement type)
1 inch (displacement type)

1.5 inch (displacement type)
2" (displacement type)
2" Mueller MVR
2" (OMNI C2)
3 inch (OMNI C2)
4 inch (OMNI C2)
6 inch (OMNI C2)
8 inch (OMNI C2)
10 inch (OMNI C2)
Any change in use or addition requiring greater capacity will require the payment of additional fees at the rates established herein as a condition of continued service.

H. Recycled Water Connection Fees

1.00 $19,299

1.50 $28,949

2.50 $48,253

5.00 $96,497

16.00 $308,789

16.00 $308,789
2" (displacement type) 8.00 $154,395

16.00 $308,789

20.00 $385,987
I. Local and Regional (DSRSD) Sewer Connection Fees
Pleasanton
Local Fee
Regional-DSRSD
(2)
effective 7/1/22

RESIDENTIAL
Single Family Dwelling Unit per house $500.00 $15,021.00 Auxiliary (Secondary) Dwelling Unit per square foot $2.00 $9.61 Townhome, Townhouse, Duet, Duplex per unit $500.00 $15,021.00 Condominium per unit $375.00 $11,266.00
Apartment, Mobile Home per unit $330.00 $9,914.00
REGULAR (low strength wastewater)
Auditoriums per seat $4.55 $148.84
Auto body shops/ Auto dealers per square foot $0.25 $8.19 Banks, Financial Offices per square foot $0.14 $4.47
Barber shops/ Beauty shops per square foot $0.68 $22.33 Bars, Cocktail lounges, taverns (w/o dining) per square foot $0.80 $26.05 Bowling alleys per square foot $0.70 $23.07
Car washes per square foot $3.86 $126.51
Churches per seat $11.36 $372.10
Delicatessen per square foot $1.61 $52.84
Dental Clinic per square foot $2.05 $10.42
Dry Cleaners per square foot $1.02 $33.49
Gas Stations per square foot $1.07 $34.98
General Retail/ Commercial per square foot $0.11 $3.72
Gyms, Health Clubs per square foot $0.95 $31.26
Hospital per bed $568.18 $18,604.78
Hotels, Motels (no dining facilities) per room $295.45 $9,674.48 Institutional (Resident) per bed $227.27 $7,441.91
Laundries, coin-operated per machine $295.45 $9,674.48
Laundries, full service (commercial) per square foot $2.27 $74.42 Res 15-777, Adjusted annually beginning 1 January 2017
by Engineering News Record (ENR) Construction Cost
Index.

Meter Size
Meter
Equivalent
Recycled Water
Connection Fee
5/8 inch
3/4 inch
1 inch

1.5 inch (displacement type)

1.5 inch (OMNI C2)

1.5 inch (OMNI T2)
2" (OMNI C2)
2" (OMNI T2) (1)

I. Local and Regional (DSRSD) Sewer Connection Fees (Continued) Pleasanton
Local Fee
Regional-DSRSD
(2)
effective 7/1/22
REGULAR (low strength wastewater)
Market - Dry Goods per square foot $0.43 $14.14
Medical Clinic per square foot $0.84 $27.54
Medical/ Dental Complex per square foot $0.50 $16.37
Office Buildings per square foot $0.11 $3.72
Parks/ Rec
Country Club per person $159.09 $5,209.34
Picnic Park per person $22.73 $744.19
Pool per person $22.73 $744.19
Tennis Courts, w/ toilet & shower per court $227.27 $7,441.91 Plant Nursery per square foot $0.18 $5.95
Printers per square foot $0.32 $10.42
Public Agencies per square foot $0.11 $3.72
Recreational vehicle R.V. Park per RV $272.72 $8,930.29 Schools (excluding cafeteria)
W/o showers per student $34.09 $1,116.29
With showers per student $45.45 $1,488.38
Theaters per seat $4.55 $148.84
Veterinary Hospital per square foot $0.77 $25.30
Warehouse/distribution per square foot $0.07 $2.23
REGULAR (medium strength wastewater)
Banquet Facilities - intermittent use per square foot $0.61 $22.03 Business with cafeteria per square foot $1.36 $47.06
Cafeteria per square foot $1.23 $44.05
Hotels/Motels with dining facilities per square foot $1.36 $47.06 Restaurant, Fast Food per square foot $1.36 $47.06
Restaurant, Full Service per square foot $1.23 $44.05
School with cafeteria per square foot $1.36 $47.06
REGULAR (high strength wastewater)
Bakeries/ Donut Shops/ Ice Cream Shops per square foot $1.41 $54.45 Car washes w/ steam cleaning per square foot $0.91 $161.01 Markets with garbage disposals per square foot $3.86 $16.43 Mortuaries per square foot $0.43 $7.78
INDUSTRIAL (other):

Wastewater Flow gallons per day n/a $69.41
lbs per day n/a $1,678.06
SS (Suspended Solids) lbs per day n/a $883.01
All other non-residential users or special use (users with above-normal discharge of flow, BOD, and SS) shall be assessed a connection fee on a case-by-case basis based on average day peak month flow, BOD, and SS to be discharged to the sewer system as follows:

BOD (Biochemical Oxygen Demand)

Item #8

CITY COUNCIL AGENDA REPORT

December 5, 2023
Library and Recreation

TITLE: APPROVE A 10-YEAR AGREEMENT WITH LIFETIME TENNIS, INC. (DBA LIFETIME ACTIVITIES, INC.) FOR TENNIS OPERATIONS AND MAINTENANCE

SUMMARY
Since 2005, the City has utilized contract services to provide tennis operations and facility maintenance. The current agreement with LIfetime Activities, Inc. (Lifetime) expires on December 31, 2023. Following a Request for Qualifications process, staff recommends the City enter into a new agreement with Lifetime Activities, Inc. to provide tennis, pickleball, table tennis, and badminton operations and maintenance from January 1, 2024, to December 31, 2033.

RECOMMENDATION
Approve a 10-year agreement with Lifetime Tennis, Inc. (DBA Lifetime Activities, Inc.) for tennis operations and maintenance

BACKGROUND
Lifetime has served as the City’s tennis operations provider since 2005. During this time, Lifetime has proven to be an exceptional partner with the City, having built a reputation for providing quality programming, accessible opportunities for Pleasanton residents, excellent customer service, and being responsive to community needs.

Lifetime provides tennis and pickleball programs, classes, and court reservations at the Tennis and Community Park, as well as drop-in play at the Amador Valley High School (AVHS) Tennis Courts. Over the years, Lifetime has expanded its services to fulfill growing community interests including lessons and programs for table tennis, badminton, and chess, and oversight of maintenance and programming of bocce leagues and drop-in play at Centennial Park.

Lifetime also promotes inclusive play through its programs for Recreation for Adults with Developmental Disabilities (RADD). Lifetime began supplementing maintenance and cleaning of the Tennis Park in 2008 and has provided capital improvement contributions to enhance the tennis facilities. The current agreement with Lifetime will conclude December 31, 2023.

In September 2023, the City distributed and conducted a Request for Qualifications (RFQ) for tennis operations and maintenance services for the Tennis and Community Park. Notification of the RFQ was listed on the City website on the City Bids page and in the Latest News section, and sent to various tennis providers in the Bay Area; three vendors responded to the RFQ. A panel of four staff reviewed and scored each respondent’s written proposals, held interviews for qualifying respondents, and independently scored each submission based on the criteria listed in the RFQ. The panel then contacted references listed by the selected applicant.

Lifetime was unanimously chosen as the preferred vendor based on numerous factors.

Lifetime showed a strong community-based approach to programming, court usage, customer service, and maintenance needs; it was the most knowledgeable about the Pleasanton community’s current needs, and trends; and it highlighted superior experience providing tennis operational services throughout the Bay Area, including in the cities of Walnut Creek, Cupertino, and San Francisco. Lifetime has been providing successful tennis operational services in the Bay Area for more than 20 years.

DISCUSSION
The term for the proposed agreement (Attachment 1) is 10 years, beginning January 1, 2024.

As a committed partner with the City, this term is recommended so that Lifetime may continue to develop and offer strong programming and contribute to long-term capital projects for the facility. The 10-year agreement also offers stability in community tennis and pickleball programming as well as enhanced efficiency for City staff.

Lifetime has agreed to fund up to $100,000 for a capital improvement project at the Tennis and Community Park that will convert Court 10 from one tennis court to four pickleball courts. This will expand opportunity for the community to engage in the sport of pickleball through lessons, drop-in and league play.

Key aspects of the agreement to which LIfetime commits are:
• Operate the City’s Tennis and Community Park, including onsite lessons and programs for tennis, pickleball, table tennis, badminton, and chess • Oversee tennis and pickleball court reservations and drop-in play at the Tennis and Community Park and Amador Valley High School
• Provide maintenance services at the Tennis and Community Park • Provide inclusive play through their programs for Recreation for Adults with Developmental Disabilities (RADD)
• Provide and maintain office equipment, including computers, printers, copiers, and furnishings
• Handle all registration and financial transactions for programs, court rentals, and merchandise
• Provide quarterly payments to the City totaling $1,725,000 over the 10-year agreement • Provide up to $100,000 to convert Court 10 to four pickleball courts (Attachment 2).

As there are still items to negotiate and discuss regarding the bocce program, a separate agreement with LIfetime for bocce services will be presented to the Parks and Recreation Commission for review and consideration at its December 2023 meeting.

Lifetime has been a valued City partner for more than 18 years, during which time its commitment to Pleasanton residents and investment in facility infrastructure has made Lifetime an outstanding community collaborator.

EQUITY AND SUSTAINABILITY
Through this agreement, efficient operation of the City's tennis operations by Lifetime will continue to provide opportunities for all levels of participation in tennis activities while also creating additional capacity for pickleball play. The agreement also provides that Lifetime will

offer inclusive play through their programs for Recreation for Adults with Developmental Disabilities (RADD).

OUTREACH
No outreach was conducted, as this item is an administrative matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances several ONE Pleasanton strategic goals:
• Funding Our Future, Strategy 1 – Develop a long-term strategy for funding operations and maintenance needs to ensure reliability of community-owned facilities and infrastructure and continuity of City services.
• Investing In Our Environment, Strategy 7 – Continue to invest in parks, bicycle, and pedestrian infrastructure, and public art to improve traffic safety, promote climate resilience, and increase equitable access to cultural and recreational opportunities. • 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, and particularly Goal B.

Community Engagement, Customer Service and Communication, Strategy 12 - Identify opportunities for increasing our partnerships with City departments, local agencies, businesses and organizations to extend the reach of the department to meet community needs and interests.

FISCAL IMPACT
Annual use payment (based on a 3 percent annual escalation) to the City is reflected in the new agreement, totaling $1.7 million over the 10 years of the agreement. No significant financial impact is expected for the current fiscal year.

Prepared by: Submitted by: Approved by:

Heidi Murphy, Director of
Library and Recreation
Heidi Murphy, Director of Library and
Recreation

Gerry Beaudin, City
Manager

Attachments:

1. Agreement for Services - Tennis Operations

2. Proposed Pickleball Conversion

1 AGREEMENT FOR TENNIS OPERATIONS

AND MAINTENANCE SERVICES

THIS AGREEMENT FOR TENNIS OPERATIONS AND MAINTENANCE
SERVICES (“Agreement”) is made and entered into this _____ day of ________, 2023, by and between Lifetime Tennis, Inc., a California corporation, ("Lifetime"), DBA Lifetime Activities, whose address is 1901 South Bascom Avenue, #1225, Campbell, CA 95008, and telephone number is (925) 931-3449, and the City of Pleasanton, a municipal corporation ("City").

WHEREAS, the City issued a Request for Qualifications for Tennis Operations and Maintenance with a response date of October 9, 2023, as the City is seeking an operator to provide tennis, pickleball, and bocce operations and maintenance; and WHEREAS, after City staff reviewed qualifications and interviewed interested vendors, Lifetime was recommended as having the best experience, capabilities, and competitive cost structure, and this Agreement for tennis and pickleball was adopted by the City Council at its meeting of ______________.

NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, the parties agree as follows:

1. Services to be Provided. The following services shall be provided by Lifetime:

Exhibit A – Tennis, outdoor pickleball, chess, table tennis, sand volleyball, indoor fitness, outdoor basketball and other city-approved activities and services at the Pleasanton Tennis and Community Park.

Exhibit B – Drop-in tennis play at Amador Valley High School If Lifetime intends to utilize contractors for a term longer than one (1) year to provide any of the services described in Exhibits A and B, Lifetime shall submit such contracts to City for approval.

A. Conversion of Tennis Court No. 10 to Pickleball Courts. Lifetime shall reimburse the City for the cost to convert tennis court #10 at the Pleasanton Tennis and Community Park into four (4) regulation pickleball courts.
1) In the event that such conversion cost exceeds One Hundred Thousand Dollars ($100,000.), City shall reduce Lifetime’s Use Payment in Section 4, below, due to City by the full amount over $100,000 that Lifetime has so reimbursed the City for such conversion cost. For example, if the full conversion cost is $107,500 and a reimbursement payment of $107,500 is made by Lifetime to the City on July 15, 2024, then the use payment due from Attachment 1

2 Lifetime to the City in September 2024 shall be reduced to $30,000 [$150,000 2024 annual use payment divided into four quarterly payments of $37,500, less the $7,500 amount over the $100,000 conversion cost reimbursement maximum].

2) City estimates that this conversion will be a capital improvement project undertaken by the City to be completed by December 31, 2024.

i. However, if pickleball courts have not been built and put into operation at the Park by December 31, 2024, the City and Lifetime agree to renegotiate the amount of compensation for 2025; which amount may be administratively approved by the City Manager.

B. Customer Service Response Time. Lifetime shall provide customer service during operating hours of the Pleasanton Tennis and Community Park, which customer service may include, but is not limited to, responding to in-person, telephone, and on- line inquiries within two (2) business days.

C. Responsible for Employees. Lifetime shall recruit, hire, train, discharge, evaluate, supervise and pay Lifetime’s employees.

1) Lifetime shall be responsible on an on-going basis for ensuring that all of Lifetime’s employees, contractors’ employees, independent contractors and volunteers that have a position of supervisory or disciplinary authority over a child under the age of eighteen (18) [whether such child is utilizing a service or is an employee] have been background checked and meet the requirements of California Public Resources Code §5164(a)(1) and California Penal Code §11105.3. Lifetime shall provide verification of the same to the City upon City’s request.

D. Outreach and Marketing. Lifetime shall market the services being provided pursuant to this Agreement. This may include promotional events, advertising, and other forms of public outreach to increase awareness and utilization of services. Lifetime shall provide to the City one splash page for each of the City’s Activities Guide by the deadlines and cycle set by the Library and Recreation Department. This page shall be used to direct residents to Lifetime’s website and registration platform for all services provided. City staff shall reserve three Activities Guide covers to highlight the Tennis and Community Park over the term of the Agreement.

E. Safety and Security.
1) Lifetime shall post appropriate caution signs at Pleasanton Tennis and Community Park or Amador Valley High School to alert personnel and the public of any unsafe conditions when Lifetime becomes aware of such unsafe conditions.

3 i. Lifetime shall immediately protect any unsafe condition, correct any unsafe practices, and promptly notify the City per Section 5.B.1.i., below.
2) No later than 24 hours after the occurrence of an injury or damage to persons or property at Pleasanton Tennis and Community Park or Amador Valley High School, Lifetime shall submit to the City per Section 5.B.1.i., below, a City incident/accident report and cooperate with any City investigation.

F. Data and Cash Collection. Lifetime shall: (1) collect data regarding service usage; provide such data to the City for City analysis; and (2) have cash handling and monetary transaction procedures that comply with all laws and regulations; and make financial information available for audit by the City upon reasonable request.

2. Term. Lifetime shall begin providing services on January 1, 2024. The term of this Agreement is for ten (10) years, with an option to renew.

A. In anticipation of the end of the term of this Agreement, City anticipates that it will begin a Request for Qualifications (RFQ) process for a service provider on or about June 1, 2033, and aims to complete the selection process in a timeframe that allows a minimum of three months for transition between Lifetime and the new provider.

3. Use Payment. Lifetime shall pay the City the following annual amount for use of the Pleasanton Tennis and Community Park and Amador Valley High School to provide the services described in Exhibits A and B:

YEAR 1 January 1, 2024 - December 31, 2024 = $150,000 YEAR 2 January 1, 2025 - December 31, 2025 = $155,000 YEAR 3 January 1, 2026 - December 31, 2026 = $160,000 YEAR 4 January 1, 2027 - December 31, 2027 = $165,000 YEAR 5 January 1, 2028 - December 31, 2028 = $170,000 YEAR 6 January 1, 2029 - December 31, 2029 = $175,000 YEAR 7 January 1, 2030 - December 31, 2030 = $180,000 YEAR 8 January 1, 2031 - December 31, 2031 = $185,000 YEAR 9 January 1, 2032 - December 31, 2032 = $190,000 YEAR 10 January 1, 2033 - December 31, 2033 = $195,000

Lifetime shall pay 25% of the annual amount to the City by the 15th day of March, June, September, and December of each year.

4. Prices and Fees Charged by Lifetime.

A. City may review and approve the fees charged by Lifetime for the services described in Exhibits A and B.
1) Lifetime’s proposed fees should be consistent with fees and charges for similar services and products offered in the Tri-Valley region at other public facilities.

When Lifetime proposes fee increases, such increases should only increase by

4 the change in the consumer price index (CPI) for the San Francisco -Oakland- San Jose Metropolitan Area (all items index; all urban consumers) for the twelve-month period ending in December each year as published by the Bureau of Labor Statistics, U.S. Department of Labor; absent Lifetime providing spe- cific data to support higher increases.
2) Fee increases above the CPI will be reviewed by City staff and the Parks and Recreation Commission.

B. Prices for all items for sale by Lifetime to the public at Pleasanton Tennis and Community Park or Amador Valley High School shall be available as a complete list or schedule, which shall be provided to City upon request. Prices must be fair and reasonable based on: comparable to prices charged for similar goods and services in the general area; and reasonable margin of profit.

C. Prices and fees collected by Lifetime are the property of Lifetime.

5. Facilities Provided by City.

A. The following facilities are provided by the City for use by the Lifetime to provide the services described in this Agreement:

1) Pleasanton Tennis and Community Park at 5801 Valley Avenue, Pleasanton, CA i. The Tennis and Community Park consists of 12 lighted tennis courts, tennis pro shop, multi-purpose activity room, and adjacent bathrooms. 2) Amador Valley High School, 1155 Santa Rita Road, Pleasanton, CA i. Amador Valley Hight School consists of eight tennis courts. ii. AVHS tennis courts are open to the public pursuant to City agreement with the Pleasanton Unified School District. City shall coordinate with Pleasanton Unified School District staff for access to AVHS tennis courts and bathrooms by Lifetime for such work.

B. Facilities are provided by City to Lifetime subject to the following conditions and limitations:

1) Condition of Facilities. City and Lifetime shall do a walk-through of all facilities prior to the commencement of the term of this Agreement. City makes no representations or warranties concerning the condition of the facilities.

i. Notification. Lifetime shall promptly notify City by email at [email protected] and by phone at 925.931.5340 upon discovery of any potential workmanship or material defect in any structure or improvement at the facilities, or upon discovery of any unauthorized or illegal use or activity at the facilities; or upon the need for court light bulb replacement at the Pleasanton Tennis and Community Park.

5 2) Maintenance of Buildings and Court Light Bulbs. City shall be responsible for ongoing maintenance of building facilities, including painting and general upkeep. City is responsible for the maintenance and replacement of court light bulbs at the Pleasanton Tennis and Community Park.

3) Reservation of Facilities. City has the right to use the large room (aka “clubroom”) in the Pleasanton Tennis and Community Park for City activities and meetings. City shall give Lifetime at least two (2) business days advance notice of such usage for public purposes.

4) Right of Possession. Lifetime acknowledges that City retains the rights to enter and inspect the facilities, and that the City has rights as the owner of the Pleasanton Tennis and Community Park.

5) Public Parking Lots. Lifetime acknowledges that the parking lots at all of the facilities are open to the public and are not exclusive for persons using the facilities for services provided by Lifetime.
6) Utilities. City shall be responsible for arranging for utility service for the Facilities, including but not limited to water, gas, electricity, and sewer. Lifetime shall be re- sponsible for any utility costs not related to this Agreement, such as personal tele- phone calls.
7) Restrooms. City shall be responsible for janitorial services of outdoor park re- strooms on the standard City park restroom maintenance schedule. Janitorial ser- vices include cleaning supplies and all paper products.

8) Prox Card Access. City shall be responsible for prox cards and prox card readers.

Lifetime shall immediately notify the City if a prox card is lost or stolen, not returned by a person no longer employed by Lifetime, or not functioning.

9) Damage and Vandalism. City shall be responsible for repairing vandalism and damage that occurs to the buildings and improvements after hours at the Pleasanton Tennis and Community Park.

6. Improvements to Pleasanton Tennis and Community Park. Lifetime may propose capital improvements for the Pleasanton Tennis and Community Park. City and Lifetime may agree to the scope of such capital improvements, cost allocation and potential rent abatement scenarios.

City retains discretion regarding whether to proceed with any capital improvements.

7. Indemnification. Lifetime shall hold harmless, defend, and indemnify the City, its officers, and employees, against any and all claims, costs, demands, causes of action, lawsuits, losses, expenses or liability, including attorneys’ fees, arising from or the alleged acts or omissions of Lifetime, its subcontractors, or agents, or anything arising from this Agreement.

8. Insurance. During the term of this Agreement, Lifetime shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers licensed to provide insurance

6 in the State of California. Lifetime shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Lifetime’s policies:

A. General Liability and Bodily Injury Insurance. A commercial general liability insurance for at least $ 1,000,000 each occurrence and $5 ,000,000 aggregate and provide that the City, its officers, employees and agents are named additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider thereof that this insurance will operate as primary insurance for work performed by Lifetime and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss covered thereunder.

B. Automobile Liability Insurance . Automobile liability insurance in an amount not less than $2,000,000 per person/per occurrence.

C. Workers' Compensation Insurance . Workers' Compensation Insurance for all of Lifetime’s employees, all in strict compliance with State laws, and to protect the City from any and all claims thereunder, including waiver of subrogation.

D. Sexual Abuse/Molestation. Insurance for all activities/services/work involving minors, including but not limited to recreation or athletic activities. Said insurance shall cover damages arising out of actual, perceived, or threatened physical abuse, mental injury, sexual molestation, negligent hiring, employment, supervision, training or investigation, reporting to proper authorities, and retention of any person for whom Lifetime is responsible, including, but not limited to Lifetime and Lifetime’s employ ees and volunteers. Coverage shall be written on an occurrence basis in an amount not less than $3 million per occurrence. Any annual aggregate limit shall not be less than $ 4 million. Coverage can be provided by a separate policy or as an endorsement to the commercial general liability policy with City named as an Additional Insured. These limits shall be exclusive to this required coverage. Incidents relating to or arising out of physical abuse, mental injury, or sexual molestation, whether committed by one or more individuals, and irrespective of the number of incidents or injuries or the time period or area over which the incidents and injuries occur, shall be treated as a separate occurrence. Coverage shall include the cost of defense and defense shall be provided outside the coverage limit. Lifetime also agrees to and warrants that its assigned employees and volunteers shall undergo mandatory Sexual Abuse / Molestation / Mandatory Reporter training.

E. Certificate of Insurance. Lifetime shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2 which requires the notice of cancellation to: 1 ) include the effective date of the cancellation; 2) include the reasons for the cancellation;

7 and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation. Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.

9. Independent Contractor. Lifetime is an independent contractor retained by the City to perform the work described herein. All personnel employed by Lifetime, including contractors, and personnel of said contractors, are not and shall not be employees of the City.

10. Breach and Termination. If either party is in breach of any term of this Agreement, that non-breaching party shall provide the breaching party with written notice simultaneously by email and by U. S. mail, detailing the nature of the breach. The breaching party shall have ten (10) business days to cure such breach, or shall contact the non-breaching party if additional time is needed, and non-breaching may grant additional time, in non-breaching party’s discretion, for breaching party to cure any breach.

If breaching party fails to timely cure the breach within the time period granted, non- breaching party may terminate this Agreement by providing written notice simultaneously by email and by U. S. mail.

11. Notice. All notices to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.

To Lifetime: _____________________ To City: City Manager _____________________ City of Pleasanton
_____________________ P.O. Box 520
_____________________ Pleasanton, CA 94566

Email:

12. Transition. Three months prior to the end of the term of this Agreement, or immediately following termination as provided in Section 8, above, Lifetime shall: deliver to City copies of all current contracts, permits, licenses, lists of employees and their applicable background clearances per Section 1.C.1., above, databases of participant information, and reservations. At the end of the term or upon termination, Lifetime shall transfer to City possession of Pleasanton Tennis and Community Park, keys, access cards, alarm codes, and vacate the Pleasanton Tennis and Community Park.

13. Hazardous Materials. Lifetime agrees that neither Lifetime nor any of its contractors shall cause or permit any hazardous material to be brought upon, kept, used, stored, generated, or disposed of in, on, under, or about Pleasanton Tennis and Community Park or Amador Valley

8 High School. Hazardous material includes any material or substance defined as a hazardous substance, waste, pollutant or contaminant pursuant to 42 U.S.C. Sections 9601 et seq. or Sections 25140 and 25281 of the California Health & Safety Code.

14. Miscellaneous Provisions.

A. Lifetime and its contractors shall not unlawfully discriminate against any employee, applicant for employment, or customer, because of race, color, ancestry, religion, sex, gender identity, national origin, marital status, age, physical disability, mental disability, medical condition or sexual orientation.

B. Lifetime shall certify that it complies with The Drug Free Workplace Act of Cal.

Government Code §§8350 et. seq., and provide proof thereof when requested by the City.

C. Lifetime shall maintain a City of Pleasanton business license for the duration of this Agreement, and all other required licenses and certifications for the services provided under this Agreement.

D. Lifetime shall not assign or transfer this Agreement without approval of the Director.

E. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.

F. Lifetime covenants that other than this Agreement and the agreement for bocce services, Lifetime has no financial interest with any official, employee or other representative of the City. Lifetime and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner by the performance of Lifetime’s services under this Agreement. If such an interest arises, Lifetime will immediately notify the City.

G. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.

H. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

I. This Agreement constitutes the entire understanding of the parties.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.

9 CITY OF PLEASANTON LIFETIME TENNIS, Inc.

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature

__________________________
Print name

ATTEST: Title: __________________________

____________________________ [As Lifetime is a corporation, two signatures Jocelyn Kwong, City Clerk needed per Cal. Corporations Code §313]

APPROVED AS TO FORM:

By: _________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name

Title: __________________________
Rev. 11/23

10 Exhibit A

TENNIS, OUTDOOR PICKLEBALL, CHESS, TABLE TENNIS, SAND VOLLEYBALL,

INDOOR FITNESS, OUTDOOR BASKETBALL AND OTHER CITY-APPROVED

ACTIVITIES AND SERVICES AT
THE PLEASANTON TENNIS AND COMMUNITY PARK.

A. Hours of Operation. At the Pleasanton Tennis and Community Park, Lifetime shall provide services during the following hours:
a. Hours of Operation:

Monday-Friday, 8:00am-10:00pm
Saturday, 8:00am-10:00pm
Sunday, 8:00am-8:00pm

b. The facilities will be closed Thanksgiving Day, Christmas Day and New Year’s Day. The facility will be open special holiday hours on Easter, July 4th, Christmas Eve, and New Year’s Eve. Lifetime shall make no changes to the days and hours of operation of the facilities without prior written approval from City staff.

Temporary suspension of play shall be determined by Lifetime in conjunction with City staff.

B. Tennis services provided by Lifetime:
a. Court reservations and associated online registration b. Organization and management of tennis leagues
c. Manage tennis drop-in play
d. Tennis instructors for group and one-on-one lessons
i. Tennis balls and ball machines for instruction
e. Pro Shop that sells tennis racquets, tennis balls, and strings racquets f. Maintenance of tennis courts, including, but not limited to:
i. Daily cleaning / sweeping of tennis courts to remove debris, plant material and any garbage
ii. Washing of courts
iii. Supply and replace tennis nets
iv. Supply and replace windscreens.

C. Outdoor pickleball services provided by Lifetime:
a. Court reservations and associated online registration b. Organization and management of pickleball leagues
c. Manage pickleball drop-in play
d. Pickleball instructors for group and one-on-one lessons e. Pro Shop that sells pickleball racquets, pickleball balls, and strings racquets f. Maintenance of pickleball courts, including, but not limited to:
i. Daily cleaning / sweeping of courts to remove debris, plant material and any garbage
ii. Washing of courts

11 iii. Maintenance and replacement of tennis nets
iv. Maintenance and replacement of windscreens
v. Maintenance and replacement of court shade
vi. Maintenance and replacement of court bench structures.

D. Chess, Table Tennis, Sand Volleyball, Indoor Fitness, Outdoor Baskets (and other city- approved activities) services provided by Lifetime:
a. Class and camp reservations and associated online registration b. Administrative staff and program instructors
c. All necessary equipment for program delivery
d. Hours of operation when chess services will be provided to the public:

1. Maintenance Services Provided by Lifetime at Pleasanton Tennis and Community Park. a. Lifetime shall maintain the facilities, including daily cleaning of tennis and pickleball courts, multi-purpose activity room, indoor restrooms and administration building, including supplies and paper products; and supply of nets and windscreens.
b. Lifetime will clean and maintain outside restrooms three times per week to supplement City janitorial services. of the Janitorial service includes cleaning supplies. Outdoor park restrooms must remain open to members public.

2. Technology Provided by Lifetime at Pleasanton Tennis and Community Park. a. Lifetime shall procure and maintain telephones, wiring, computers, software, data circuits, voice circuits, Internet connections and/or circuits and all equipment necessary and appropriate to operate and support the telephone communications to and within the facilities, the automated court reservations, and a website which provides public online access to court reservations.
b. Technology systems shall satisfy City and other government requirements for security and internal controls, including but not limited to, security of credit card and other customer data.
c. Lifetime shall create and maintain a tennis program website subject to City approval and ultimately linked to the City’s website.

3. Supplies, Furnishings and Equipment
a. Lifetime shall procure and maintain all necessary and appropriate supplies, furnishings and equipment of good quality and in sufficient number to fulfill the requirements of this Agreement and operate the facilities, including but not limited to:
i. Supplies such as tennis balls, league or tournament awards, teaching aides, cones, marketing trinkets, office supplies and other similar items; and ii. Rental tennis rackets, ball equipment (including ball retrievers), benches, uniforms, office equipment, and telephone systems.

12 Exhibit B

DROP-IN TENNIS PLAY AT AMADOR VALLEY HIGH SCHOOL

A. Hours of Operation. At the Amador Valley High School (AVHS) Tennis Courts, Lifetime shall provide services during the following hours:
a. Hours of Operation:

Saturday and Sunday, 9:00am-5:00pm
Summer Season: Saturday and Sunday, 8:00am-7:00pm
Potential extended Summer Season: Monday-Friday, 6:00-8:00 pm b. The facilities will be closed Thanksgiving Day, Christmas Day and New Year’s Day. The facility will be open special holiday hours on Easter, July 4th, Christmas Eve, and New Year’s Eve. Lifetime shall make no changes to the days and hours of operation of the facilities without prior written approval from City staff.

Temporary suspension of play shall be determined by Lifetime in conjunction with City staff.

B. Tennis services provided by Lifetime:
a. Manage tennis drop-in play and city-approved tennis programs (leagues, lessons, etc.).
b. Unlock tennis courts and restrooms before each use.
c. Remove debris from tennis courts before and after each use. d. Secure and lock-up tennis courts and restrooms after each use. e. Lifetime and City will review and renegotiate staff attendant requirements at Amador should the School District impose an hourly fee structure for tennis court use in the future.

C. City shall coordinate with Pleasanton Unified School District (PUSD) staff for access to AVHS tennis courts and bathrooms.

D. Lifetime shall immediately notify the City of any significant damage that occurs during Lifetime service hours, including theft or vandalism.

E. City shall be responsible to notify PUSD staff of any said damage by the next business day.

F. Significant costs for any repair costs or proposed improvements shall be negotiated between the City and PUSD staff and are not the responsibility of Lifetime.

G. Lifetime shall make no improvements, additions, alterations or changes to the AVHS tennis courts.

0’ 25’ 50’ 100’Tennis and Community Park Pickleball Courts 5801 Valley Ave
Pleasanton, CA
November 8, 2023
Pickleball players Birdseye of pickleball players
Proposed
pickleball
courts
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Remove chamfered
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Item #9

CITY COUNCIL AGENDA REPORT

December 5, 2023
Public Works - Operations Division

TITLE: APPROVE THE PURCHASE OF A GM5900 T4 MOWER IN THE AMOUNT OF $167,158

SUMMARY
The current mower (Unit #840A) is a 2013 Jacobson HD9016 assigned to the Parks Division in the Public Works Department, and is primarily used to mow and maintain large areas of grass or turf efficiently and effectively. These mowers are designed for heavy-duty use in commercial and industrial settings, such as golf courses, sports fields, public parks, and large landscape areas.

Staff is recommending the purchase of a TORO Groundsmaster 5900 (GM5900) T4 Final, full- time bi-directional 4WD to replace the existing 10-year-old Mower Unit #840A. Once replaced, Unit #840A will be stripped and sent to auction. The proceeds from the equipment auction are returned to the Internal Service Fund (514) – Equipment Replacement (R&R).

RECOMMENDATION
Approve the purchase of the TORO Groundsmaster 5900 (GM5900) T4 Final, full-time bi- directional 4WD in the amount of $167,158, which includes a 10 percent contingency.

BACKGROUND
The standard useful lifespan of a commercial mower is 8-10 years, and Unit #840A is on the replacement schedule this fiscal year. The best practice is for municipalities to replace large commercial mowers every 10 years or 1200 hours. The current Unit #840A is a 2013 Jacobson HD9016 Mower that is 10 years old with 1283 hours of service time. Per the California Air Resources Board (CARB) Calculator, Unit #840A is within 100 hours of being out of compliance for emissions. Currently, Unit #840A is non-operational due to computer/electronic issues that are non-repairable because parts for this mower are no longer manufactured in the United States. The City has spent $29,816 on repairs in the 10 years of service.

DISCUSSION
Staff researched potential manufacturers to select a vendor. Turf Star Western Inc. (TSW) was selected under the Sourcewell (formerly known as NJPA) Contract #031121-TTC, City of Pleasanton member #33554. Staff reviewed the quotes, specifications, and procurement documents from the TSW, and determined the TORO GM5900 T4 Final, Full-time bi- directional 4WD, 3.3 L Yanmar EPA Tier 4 Final and EU Stage IV emissions compliant turbo- diesel engine with a 192 inch (488 cm) width of cut and CrossTrax all-wheel drive system met the City's general specifications and expectations. TSW quoted the City a price of $151,962, and adding a 10 percent contingency of $15,196 brings the total to $167,158. Staff determined the bid from TSW to be fair and reasonable. The purchase and delivery of a new mower can take 6-12 months from the order date to delivery; staff recommends ordering the TORO GM5900 T4 Final mower during Fiscal Year 2023/24 to meet the target of a 2025 delivery.

Sourcewell (formerly known as NJPA) was established with the statutory purpose of assisting public agencies in meeting specific needs that are more efficiently delivered cooperatively than by an entity individually. Jurisdiction clients can utilize cooperative purchasing contracts through similar joint powers, intergovernmental cooperation, or cooperative purchasing laws in their respective jurisdictions. Participating agencies include all eligible government, education, and nonprofit agencies nationwide and in Canada. Staff researched the types and styles of commercial mowers exhaustively. While there are many options available, Turf Star Western Inc. is in California and is familiar with the City's operational and equipment needs. The Sourcewell Contract number is 031121-TTC, City of Pleasanton member #33554.

EQUITY AND SUSTAINABILITY
This purchase was evaluated in alignment the City's Climate Action Plan 2.0 (CAP) framework.

Notwithstanding the City's commitment to sustainability, there are no viable alternatives to an internal combustion engine vehicle for this specific application. The largest electric mower available has a 74" cutting blade, significantly smaller than the current mower's 192" blade. As technology advances, staff will explore fully electric options in the future.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine matter of City business.

FISCAL IMPACT
This purchase is budgeted and funded within the Internal Service Fund (514) – Equipment Replacement (R&R) in Fiscal Year FY 2023/24.

Prepared by: Submitted by: Approved by:

David Luera Norm Dorais, Director of Public Works

Gerry Beaudin, City
Manager

Attachments:

1. Turf Star Western Quote 639839-00

Date: September 21, 2023
Quotation for City of Pleasanton
Quote No:639839-00
1 | P a g e
Prepared For: Jon Engelbrektson Quote No: 639839-00
City of Pleasanton iQuote No: 139559
PO Box 520
Pleasanton, CA 94566
Sales Person: Ryan Smith
[email protected]
(510) 468-4491
Quoted using Sourcewell Contract. Toro Contract #031121-TTC. City of Pleasanton member #33554 Summary
Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-GM5900 T4 Final 1 $137,834.15 $137,834.15 $14,128.01 $151,962.16 Totals: $137,834.15 $14,128.01 $151,962.16

Date: September 21, 2023
Quotation for City of Pleasanton
Quote No:639839-00
2 | P a g e
Configuration Product Details
010-GM5900 T4 Final
Model Product Description Qty Unit Price Extended Sales Tax Total 31698 GM5900 T4 Final 1 $128,149.32 $128,149.32 $13,135.31 $141,284.63 30669 Universal Sunshade White 1 $733.20 $733.20 $75.16 $808.36 03248 Switch Panel, Universal Sunshade 1 $244.92 $244.92 $25.11 $270.03 138-3002 POWER-HARNESS, KIT (GM59 00) 1 $92.15 $92.15 $9.44 $101.59 140-1554 SUNSHADE WORK LIGHT KIT 1 $412.41 $412.41 $42.27 $454.68 131-6691 SEAT COVER, LARGE 1 $46.65 $46.65 $4.78 $51.43 132-1391 BLADE SERVICE PACK, ATOM IC 20.00 IN 1 $311.29 $311.29 $31.91 $343.20 93-5973 10IN FOAM FILLED WHEEL A SM 10 $203.53 $2,035.30 $208.62 $2,243.92 44958 MVP KIT 1000 HOUR - GM59 00/5910 1 $412.43 $412.43 $42.27 $454.70 FSD1 Setup 1 $2,698.24 $2,698.24 $276.57 $2,974.81
FSD2 Delivery 1 $2,698.24 $2,698.24 $276.57 $2,974.81
Totals: $151,962.16

Date: September 21, 2023
Quotation for City of Pleasanton
Quote No:639839-00
3 | P a g e
Standard Terms and Conditions
Prices including all finance options are subject to change based on Turf Star Western’s receipt of product and estimated shipments. Currently, product availability is a minimum of 6-18 months. Your Final Price will be determined at time of shipment. Delivery is FOB point of origin unless otherwise stated.

Office Locations
Northern California: Southern California: Pacific Northwest:
3928 N.Blattela Lane 79-253 Country Club Drive 1750 Industrial Dr.NE Fresno, CA 93727 Bermuda Dunes, CA 92203 Salem, OR 97301 Fax: (559) 277-7123 Fax: (760) 345-4297 Ph: (503) 691-0250 2438 Radley Court 955 Beacon Street 5869 South 194th Hayward, CA 94545 Brea, CA 92821 Kent, WA 98032 Fax: (510) 785-3576 Fax: (800) 775-8873 Fax: (253) 872-6942 11373 Sunrise Gold Circle 2110 La Mirada Ste 100 2824 East Garland Rancho Cordova, CA 95742 Vista, CA 92083 Spokane, WA 99207 Fax: (800) 241-1997 Fax: (760) 734-4285 Fax: (509) 483-7563 WARNING:

Cancer and Reproductive Harm-http://www.P65Warnings.ca.gov For more information, please visit http://www.ttcoCAProp65.com

CALIFORNIA SPARK ARRESTER WARNING
Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required.

The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements.

More Parks & More Rec.

Call your Toro distributor at 800-803-8676

FEATURES
Groundsmaster
®
5900/5910

LARGE AREA ROTARY MOWER
Tasked with maintaining more parks and sports fields with no additional workers or budget? Is it possible to do more with less? The Groundsmaster® 5900 Series mowers can mow over 17 acres/hour (6.87 hectares/hour) using only one operator! And to match the 16’ (4.88 m) wide mowing brawn and a more fuel-efficient EPA Tier 4 Final and EU Stage IV emissions compliant Yanmar® 3.3 L engine, the Groundsmaster 5900 series is loaded with intelligence. SmartPower
® allows the operator to effortlessly maintain the correct speed for optimal cutting, while the SmartCool® system prevents overheating with auto-reversing the cooling fans. An onboard InfoCenter™ gives the operator a quick read on all systems and even provides assistance at the right moment. When the comfort and safety of an all season cab, the incredibly nimble handling, and tough Toro durability are added in, the new Groundsmaster 5900 series proves beyond doubt that increased efficiency and ease of operation lead to higher productivity.
• 1 92 in. (488 cm) width of cut, mows 100+ acres
per day
•
3 .3 L Yanmar® EPA Tier 4 Final and EU Stage IV
emissions compliant turbo-diesel engine
•
F
ull-time, bi-directional 4WD
•
S
martPower® -optimized mowing in all
conditions
•
C
rossTrax® all-wheel drive system offers
increased cross wheel traction control
•
0 ” uncut circle in turns
•
O
nboard InfoCenter™ with advisories and
diagnostics for maximum uptime
•
S
martCool® auto-reversing cooling fans
•
2 4-volt electrical system powers cooling
system
•
H
ybridDrive™ cutting deck system delivers
unmatched reliability
•
4 -way adjustable seat and
Air Ride Suspension
•
I
ntegrated ControlArm™ with fingertip
electronic controls
•
Al
l-season safety cab with
air conditioning and heater (5910)
toro.com/5900
Groundsmaster® 5900
Groundsmaster® 5910
©2018 The Toro Company. All rights reserved. Rev. 1/18

2 2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18 Groundsmaster
®
5900/5910 Specifications
*
The Groundsmaster 5900 and 5910 are manufactured
in Tomah, WI ISO 9002 Certified Plant.
* Specifications and design subject to change without no tice. Products depicted in this literature are for demonstration purposes only.

Actual products offered for sale may vary in use, design, required attachments and safety features. See distributor for details on all warranties. ** Maximum pr oductivity @ 10.8 mph (17.4 km/h) & 100% efficiency.

Typical productivity @ 8 mph (12.9 km/h) & 85% efficiency GROUNDSMASTER 5900, MODEL 31698 / GROUNDSMASTER 5910, MODEL 31699 ENGINE Yanmar 3.3L, EPA Tier 4 Final and EU Stage IV emissions compliant, turbocharged diesel with direct injection and electronic high-pressure common rail. 72 HP (53.7 kW) @ 2500 rpm, Torque: 206 lb.-ft. (279 N•m) @ 1625 rpm Displacement: 202 cu. in. (3.3 L).

COOLING SYSTEM 24V dual electric fan banks for separate engine radiator and hydraulic oil cooling; fan banks are variable speed, with auto-reverse feature (SmartCool®, based on coolant and oil temps), radiator is cross flow, 3 rows, 9 fins per in. (FPI). Hydraulic oil cooler is crossflow, 6 FPI. Cooling fan banks tilts away for fast, easy cleaning.

FUEL SYSTEM Uses ultra-low sulfur diesel fuel only. Biodiesel compatible up to B20.

CAPACITIES Fuel: 35 gal.(132L) Hydraulic: 19 gal (71.9 L). Engine Oil w/filter: 11 qt. (10.4 L). Coolant: 13.5 qt. (12.7 L) (Model 31698), 18 qt. (17 L) (Model 31699) HYDRAULIC SYSTEM Capacity: 19 gal (71.9 L) reservoir, Remote spin-on charge filter, Oil: Toro premium all season hydraulic fluid TIRES/WHEELS Front: 29x12.00-15, 6 ply rating, 32 psi; Rear: 23x10.50-12, 6 ply rating, 30 psi; INSTRUMENTATION Onboard LCD (InfoCenter™) display shows customizable gauges, service reminders, advisories/faults and troubleshooting assistance. Indicates fuel level, coolant temp, hydraulic oil temp, engine glow plug, low oil pressure, air cleaner restriction, 12 and 24 volt alternator voltage output, engine hours and rpm, and engine DPF regeneration.

POWERTRAIN
Full time automatic forward and reverse 4WD in low (mow) range. Front wheel drive in transport. Parallel hydrostatic, closed loop with cross wheel traction (CrossTrax™) design; traction drive pump: variable displacement piston, servo control. Front drive: 2-speed, fixed displacement high torque, low speed radial piston motors. Rear drive:
single speed, fixed displacement, high torque, low speed radial piston motors. SmartPower™ feature controls traction speed to maintain optimal cutting blade speed.

ELECTRICAL SYSTEM Main: 12 volt system; Alternator: 12V, 80 amp, supplied w/ engine Battery: 1380 CCA (2x 690 CCA), Cooling Fans, Engine/Hydraulic cooling: 24 volt system; Alternator: 24V, 105 amp w/ remote sense; Battery: 350 CCA; Disconnect ON/OFF switch for 12 & 24 volt service safety.

Service: Dynamic, hydrostatic 4WD in low range. Front wheel drive braking in high range.

Parking: Electro-hydraulic controlled via double-motion rocker switch. Spring applied, hydraulic released. Internal to front wheel motors. Automatically applies with engine OFF or key OFF Manual override from operator platform for servicing

PRODUCTIVITY
Infinitely variable speed. Forward speeds: mow: 0-10.8 mph (17.4 km/h) Transport: 0-20 mph (0-32.2 km/h). Reverse speeds: mow 0-5.7 mph (0-9.2 km/h), transport:
0-10.5 mph (0-16.9 km/h) transport. Speed control: Electronic, limits max speed. Maximum productivity: 20.8 acres/hr. (8.4 ha/hr). Typical productivity: 13.1 acres/hr (5.3 ha/hr)**; NOTE: For EU countries complying to ISO 5395, all speeds and mow rates should be reduced by 12%.

CONTROLS
Control arm, right armrest, travels with seat and suspension. Deck lift/lower, electrohydraulic switches. Throttle; electronic, variable. Traction pedal, electronic.

Park brakes: double-motion switch. Steering; hydrostatic load sensing. Other: High/low range, PTO, cruise control, lights (31698 only), horn, key switch, wing deck transport latches (manual).

OPERATOR STATION
Operator platform: isolated rubber mounted. Seat: 4 way adjustable with vinyl (31698) or cloth (31699) cushions standard. Suspension: air-ride with 3 in. (7.6 cm) of adjustability. Steering: power and adjustable tilt. Traction Pedal: adjustable angle uses position sensor. Storage box, cup holder, and 12 volt power outlet, double USB port, standard.

STEERING Uncut circle - 0” diameter. Turning radius - 86” (218 cm) CAB (5910)
ROPS certified cab with heat, AC and the following standard features: climate system pressurized cab, heavy-duty pantograph front windshield wiper and washer, front windshield has 38” of visibility, interior mirror, fold away exterior side mirrors, molded front fenders, right and left doors and rear window have tinted (50%) glass, front and rear windows open, quick release window latches act as emergency exit, rubber sound isolator cab mounts and upholstered interior panels and headliner, textured neoprene floor mat, interior dome light. Power provided for optional aftermarket audio accessories. Optional road lights, rotating beacon and work lights available.

SAFETY AND LIGHTING
Standard (31698 & 31699): SMV sign rear mounted; LED brake, tail lights and flashers mounted in rear bumper; horn. ROPS Unit (31698) headlights, red and amber flashers, turn signals. Cab Unit (31699): Optional light kits, North American Road Light Kit (30706), Rotating Beacon Kit (31509), Work Light Kit (114-5610).

Disconnect ON/OFF switch for 12 & 24-volt service safety.

CERTIFICATION
Meets or exceeds EU Machinery Directive (2006/42/EC); ISO 5395-2013 and ANSI B71.4-2012; ISO 21299 and SAE J1194; OSHA 29CFR1910.95 (SAEJ1175, European Directive 2000/14/EC, ISO 5395-2013); EN 55012:2007 and CISPR12. Model 31698 meets or exceeds ANSI/ASAE S279.12 (Lighting and Marking of Agricultural Equipment on Highways). Model 31699 air conditioning system meets SAE J1503, Section 8.

WARRANTY Two year limited warranty.

VEHICLE WEIGHT (W/ FULL FLUIDS) 6,710 lbs. (3043 kg) (31698), 7,304 lbs. (3313 kg) (31699) GROUND CLEARANCE 10.3 in. (26.1 cm)
DIMENSIONS WIDTH: Transport: 99 in. (251 cm), Mow: 199 in. (505 cm) LENGTH: 174 in. (442 cm) HEIGHT: 85 in. (216 cm) (31698), 95 in. (241 cm) (31699) WHEELBASE: 77 in. (196 cm)

CUTTING DECKS
TYPE Three rear discharge rotary decks
CUTTING WIDTH 192 in. (488 cm), 57 in. (145 cm), 92 in. (234 cm), 144 in. (366 cm).

HEIGHT OF CUT 1-6 “ in (2.5 – 15 cm) in 0.5 in. (1.3 cm) increments.

CONSTRUCTION 11-gauge high-strength steel. 7-gauge, reinforcements, bullnose bumpers.

PROTECTION Wing decks: 2 way shock absorption.

DECK DRIVE HybridDrive™ - Hydraulic motor to spindle, remaining spindle(s), driven by “B” section v-belts.

TENSIONING Automatic, spring loaded idlers.

SPINDLES Shaft: 1.25" (3.2 cm) hardened steel. Housing: 9” (22.9 cm) ductile iron. Bearings: Greaseable tapered roller.

STANDARD BLADES 20" (50.8 cm), heat-treated steel blades.

OPTIONAL BLADES Atomic™ mulching blades, flat blades.

SKIDS 4 reversible polymeric, 2 reversible steel

3 2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18 The Groundsmaster 5900 and 5910 are manufactured
in Tomah, WI ISO 9002 Certified Plant.

Groundsmaster
®
5900/5910 Accessories
*

ROTARY BROOM M-B MODEL
SHL***
TYPE
Windrow type, front mounted
hydraulic broom with dual
motors. Electric/hydraulic
angling, 30° left and right.

BROOM SIZE 32" (81 cm) diameter x 60"
(153 cm) wide.

BRUSH
Sectional brush with combination
polypropylene/wire radial
segments.

OPTIONS Dirt Deflector, Storage Stands.
* Specifications and design subject to change without no tice. Products depicted in this literature are for demonstration purposes only. Actual products offered for sale may vary in design, required attachments and safety features. Consult your local Toro Distributor. Information regarding non-Toro (Allied Vendor) products is included in the Toro Golf and Grounds Equipment Guide as a convenience to Toro customers. Toro does not warrant, endorse or support any products purchased from Allied vendors.

Additionally, Toro shall not be responsible for any personal injury or property damage, whether direct or consequential, caused by such Allied products. Toro does not certify fit up, compatibility or functionality of Allied products. **Manufactured by Erskine.
***
Manuf
actured by M-B Companies, Inc. The Toro Company does not manufacture or sell the snow thrower, rotary broom, nor does Toro guarantee these accessories in any manner whatsoever.

TORO ACCESSORIES AND PARTS
Model/Part # Description
31604 Leaf Mulching Kit
93-5973 10" Foam Filled Caster Tire Assembly
31609 MVP Maintenance Kit (oil/fuel)
31512 Back-up Alarm Kit
30706 North American Road Light Kit for GM5910
30509 Rotating Beacon Kit for GM5910

SNOWTHROWER ERSKINE
MODEL 2000**
STAGE 2
WIDTH OF CUT 85" (216 cm)
CUTTING HEIGHT 29" (74 cm)
CUTTING EDGE 3/8" x 3" (9.5 mm x 7.62 cm)
bolt-on
SKID SHOES Adjustable
AUGER DIAMETER 16" (41 cm) open flight
FAN DIAMETER 20" (51 cm) 4-blade
CHUTE ROTATION Hydraulic, 270°
SHEAR PROTECTION Pressure relief
CASTING DISTANCE Up to 30' (9.4 m)

APPROXIMATE SHIPPING
WEIGHT 850 lbs. (386 kg)
HOSES Included

TORO ACCESSORIES AND PARTS
MODEL/PART NUMBER Description
30349 Universal Mount Sunshade – White
30552 Universal Mount Sunshade –Red
31324 Thermoplastic Windscreen Kit (GM5900). Abrasion-resistant polycarbonate windscreen (mounts to 2-post ROPS extension) 31325 Tempered Glass Windshield (mounts to 2-post ROPS extension) 31311 Wiper Kit for Tempered Glass Windshield
119-7719 Backrest Extension Kit – Fabric (GM5910)
119-7718 Backrest Extension Kit – Vinyl (GM5900)
114-5610 Work Light Kit (GM5910)
31353 2-Post ROPS Extension (GM5900) (includes sunshade)

4 2018 Toro Commercial Equipment Guide 18-003-T Rev. 1/18

TWO-POST ROPS EXTENSION SYSTEM
GM5900 Fits Model 31698
TWO-POST ROPS EXTENSION KIT Base steel frame attached to existing ROPS and includes a white sunshade. Model 31353
EXTERIOR MIRROR Quantity (1) Part Number 130-5448
INTERIOR MIRROR Quantity (1) Part Number 130-5449

ABRASION-RESISTANT

POLYCARBONATE WIND SCREEN
Improved resistance to golf ball impacts or vandalism.

Model 31324
TEMPERED GLASS WINDSHIELD Similar safety glass used in Toro all-season safety cabs.

Model 31325

WINDSHIELD WIPER KIT FOR

TEMPERED GLASS WINDSHIELD
For use with the tempered glass windshield only. Not for use with the polycarbonate wind screen. Model 31311

OPERATOR FAN & INTERIOR

HEADLINER KIT
Overhead fan with adjustable speeds – mounts directly
over operator. Part Number 132-3435
LED WORK LIGHT KIT Includes 4 lights: 2 for front and 2 for rear; can also mount to Toro cabs. Model 31596
ROTATING BEACON Breakaway mounting system. Also mounts on Toro cabs.

Model 31509

SAFETY AND SECURITY CAGE
Steel mesh side cage doors that lock. Includes the
abrasion-resistant polycarbonate wind screen.

Part Number 132-3695
WIRE HARNESS KIT Required for all electrical accessories such as wipers, lights and fan. Part Number 122-0729
Groundsmaster
®
5900/5910 Accessories
*

Item #10

CITY COUNCIL AGENDA REPORT

December 5, 2023
Public Works - Operations Division

TITLE: APPROVE FIRST AMENDMENTS TO THE AS-NEEDED MAINTENANCE AND

TRADE SERVICES AGREEMENTS BY INCREASING THE TOTAL NOT-TO- EXCEED AMOUNTS TO $1,200,000 FOR PIPE & PLANT SOLUTIONS INC. AND TO $750,000 FOR PRESIDIO SYSTEMS, INC. FOR UTILITIES-SEWER/STORM

FLUSHING AND CLOSED-CIRCUIT TELEVISION (CCTV) SERVICES

SUMMARY
The Public Works Department is responsible for the operations and maintenance of the City’s sewer and storm systems, which require cleaning and inspection to ensure proper operation. A Request for Bids for CCTV cleaning and inspection services was distributed on August 4, 2021. Three contractors were selected to provide as-needed sewer or stormwater CCTV and inspection services for planned and emergency work and to assist other City departments on projects. Due to the storm events in late 2022 and 2023, the City relied heavily on these contractors to assist with storm cleanup. Additionally, Pipe & Plant Solutions, Inc. has been helping to assess the City’s sewer infrastructure in preparation for the updated 2024 Sewer System Management Plan and long-term CIP project projections. Staff is requesting amendments to the as-needed agreements with Pipe & Plant Solutions, Inc. and Presidio Systems, Inc. to provide supplemental flushing and project-specific Closed-Circuit Television (CCTV) services for the sewer and storm lines.

RECOMMENDATION

1. Approve and authorize the City Manager to execute an amendment to the as-needed maintenance and trade services agreement with Pipe & Plant Solutions, Inc. to increase the not-to-exceed amount by $700,000 for sewer CCTV service to revise the total not- to-exceed agreement limit from $500,000 to $1,200,000 for FY 2023/24.

2. Approve and authorize the City Manager to execute the amendment to the as-needed maintenance and trade services agreement with Presidio Systems, Inc. to increase the not-to-exceed amount by $250,000 for sewer and storm cleaning services to revise the total not-to-exceed agreement limit from $500,000 to $750,000 for FY 2023/24.

BACKGROUND
The Public Works Department is responsible for the operations and maintenance of the City’s sewer and storm systems, which include 245 miles of sewer pipe, 6,032 sewer maintenance holes, 195 miles of storm pipe, 4,222 storm maintenance holes, and 8,226 storm inlets that require cleaning and inspection to ensure proper operation. All pipeline inspected is to be rated per the National Steel and Shipbuilding Company (NASSCO) Pipeline Assessment Certification Program (PACP). All maintenance holes inspected are to be rated per the NASSCO Manhole Assessment Certification Program (MACP), which is the industry standard that is used to identify cracks, laterals, corrosion, offset/sags, and roots. These inspections

allow City staff to understand what is needed to maintain the pipelines and plan for future Capital Improvement Program (CIP) projects.

Contracting certain services allows for prioritizing operations and maintenance tasks based on available staff, project work, regulation requirements, and customer needs. Contracting Closed Circuit Television (CCTV) and inspection services for planned and emergency work allows greater flexibility to meet operations, maintenance, and project needs. The as-needed service agreements would support unscheduled work such as engineering projects, storm events, and large-scale sanitary sewer overflows.

DISCUSSION
A Request for Bids for CCTV cleaning and inspection services was distributed on August 4, 2021. Three contractors were selected to provide as-needed sewer or stormwater CCTV and inspection services for planned and emergency work and to assist other City departments on projects. Due to the storm events in late 2022 and 2023, the City relied heavily on these contractors to assist with storm cleanup.

These contractors clean and inspect large-diameter pipes, which is currently beyond the capability of staff. Increasing these contracts will allow the City to remain compliant and achieve its stated goals in our current Sewer System Master Plan (SSMP). The goal is to clean the sewer system every five years, which is approximately 268,646 linear feet a year. The goal for CCTV inspection is every seven years or 191,890 linear feet per year. Additionally, Pipe & Plant Solutions, Inc. has been helping to assess the City’s sewer infrastructure in preparation for the updated 2024 Sewer System Management Plan and long-term CIP project projections.

Both Pipe and Plant Solutions, Inc. and Presido Systems, Inc. have performed past projects to the satisfaction of the City. Staff recommends increasing the as-needed contract for Pipe and Plant by $700,000 for CCTV services to assist with reaching the 2024 SSMP goal, and increasing the as-needed contract amount for Presidio Pipeline, Inc. by $250,000 for storm and sewer cleaning services.

EQUITY AND SUSTAINABILITY
Following the City Procurement Policy, staff conducted a public bidding process on which the agreements for the described products and services are based.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 8 – Update the Sewer System Master Plan to reflect current and future operations and identify system improvements and necessary maintenance, in providing more flexibility for the upcoming wet season and helping to achieve the sewer cleaning goals of the SSMP.

FISCAL IMPACT
The contracted services are primarily funded within the Internal Service Fund for Repair and Replacement associated with the Sewer Fund (434) 43442201-440105, which is budgeted at

$1,250,000 for FY 2023/24, and the Annual Storm Repair and Replacement Fund (441) CIP 24415 that has an annual allocation of $125,000 and a current balance of $431,000.

Prepared by: Submitted by: Approved by:

Daniel McVey Norm Dorais, Director of Public Works

Gerry Beaudin, City
Manager

Attachments:

1. Pipe and Plant Solutions Inc. First Amendment to Agreement

2. Presidio Systems, Inc. First Amendment to Agreement

Contract #2022297
First Amendment Page 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement ("First Amendment") is entered into this _____ day of November 2023, by the City of Pleasanton (“City”) and Pipe and Plant Solutions Inc. ("Contractor”).

Whereas, on September 27, 2021, the City and Contractor entered into an As-Needed Maintenance and Trade Services Agreement to provide Sewer and Storm flushing & CCTV services per R.F.B. Project No. OSD 2021-603 ("Agreement"); and
Whereas, the parties desire to amend the Agreement to increase the cumulative not to exceed amount to $1,200,000 through June 30, 2024.

Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 3 of the Agreement (“Compensation”) shall be increased for total compensation shall not exceed $1,200,000 through June 30,2024.

2. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

3. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – Pipe & Plant Solutions

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
_____________________________ [If Contractor is a corporation, signatures must comply Jocelyn Kwong, City Clerkwith California Corporations Code §313]

Contract #2022297
First Amendment Page 2
APPROVED AS TO FORM:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney __________________________ Print name
Title: __________________________

Contract #2022383
First Amendment Page 1

FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement ("First Amendment") is entered into this _____ day of November 2023, by the City of Pleasanton (“City”) and Presidio Systems, Inc. ("Contractor”).

Whereas, on January 31, 2022, the City and Contractor entered into an As-Needed Maintenance and Trade Services Agreement to provide Sewer and Storm flushing and CCTV services per R.F.B.

Project No. OSD 2021-603 ("Agreement"); and
Whereas, the parties desire to amend the Agreement to increase the cumulative not-to-exceed amount to $750,000 through June 30, 2024.

Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 3 of the Agreement (“Compensation”) shall be increased for total compensation shall not exceed $750,000 through June 30, 2024.

2. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

3. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date and year first above written.

CITY OF PLEASANTON CONTRACTOR – Presidio Systems, Inc.

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
_____________________________ [If Contractor is a corporation, signatures must comply Jocelyn Kwong, City Clerkwith California Corporations Code §313]

Contract #2022383
First Amendment Page 2
APPROVED AS TO FORM:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney __________________________ Print name
Title: __________________________

Item #11

CITY COUNCIL AGENDA REPORT

December 5, 2023
Public Works - Operations Division

TITLE: APPROVE SECOND AMENDMENT TO AGREEMENT WITH GHD, INC., TO

PROVIDE WORKFLOW CONSULTING SERVICES FOR THE CITY'S

COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEMS (CMMS) BY
INCREASING THE NOT-TO-EXCEED AMOUNT BY $140,300 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $616,622

SUMMARY
The City's Public Works Department (PWD) has been utilizing the MaintStar Computerized Maintenance Management System (CMMS) platform for the past 20 years. CMMS is software technology that centralizes maintenance information and facilitates the processes of maintenance operations through work orders. The City identified the need to update the current CMMS, and MaintStar introduced a new version (v15) of the system, which requires an assessment of the current version, updated GIS integration, and workflow development. On May 12, 2021, a Request for Qualifications for CMMS workflow development was solicited for professional services. On July 20, 2021, the City Council approved an agreement with GHD, Inc., for $476,322 for two years. Since then, staff has been working with GHD on implementing the new version of MaintStar. The first amendment extended the agreement through the end of FY 2023/24. The implementation of the latest version is almost complete, and the next steps are tailoring the reporting capabilities and configuring the public-facing portal, which will replace the current Mobile Citizen application. After the implementation is complete, GHD will provide technical support services.

Staff recommends the City enter into a second amendment to the Professional Services Agreement with GHD, Inc., for workflow development consulting services for an additional $140,300, which includes a 15 percent contingency. With this, the total not-to-exceed amount for FY 2023/24 would be $616,622.

RECOMMENDATION
Approve and authorize the City Manager to execute the second amendment to the Professional Services Agreement with GHD, Inc., for the City's Computerized Maintenance Management Systems (CMMS), increasing the not-to-exceed amount by $140,300, including a 15 percent contingency for a total not-to-exceed amount of $616,622.

BACKGROUND
The City's Public Works Department has utilized the MaintStar Computerized Maintenance Management System platform for the past 20 years. CMMS is software technology that centralizes maintenance information and facilitates the processes of maintenance operations through work orders; the software helps optimize the utilization and availability of physical equipment like vehicles, equipment, communications, staff resources, and other assets.

Updating the department’s current Computerized Maintenance Management System is included in the department's strategic plan under Goal C – Technology – Invest in technology

and resources to support quick responses to service requests, efficient operations, and expanded public access to vital information.

The current work order and maintenance management system, MaintStar v14 is inadequate to retrieve needed information to comply with mandated reporting requirements and internal performance measures and tracking. The preliminary analysis of the current CMMS identified numerous automated and manual processes that are used to manage work infrastructure, public facilities, and vehicles and equipment. These systems are not well integrated, resulting in poor information management workflows and limited reporting/analysis capabilities. The CMMS must be capable of tracking internal and external service and work requests, corrective work orders and work management, preventative maintenance, staff resource planning and utilization, asset management data, capital projects, inventory, timekeeping for work tasks, and customer service interface.

MaintStar has introduced a new version (v15) of the CMMS, which requires an assessment of the current version, updated GIS integration, and workflow development. To pursue assessing the computerized maintenance management system, on April 28, 2021, in accordance with the City’s Procurement Policy, a Request for Qualifications for CMMS workflow development professional services was posted. GHD, Inc., was selected based on its proposed qualifications and an interview with its project team. On July 20, 2021, the City Council approved a two-year agreement with GHD, Inc., for $476,322. Since that time, staff has been working with GHD on the implementation of the new version of MaintStar. The first amendment extended the agreement through the end of FY 2023/24.

DISCUSSION
Staff and GHD facilitated an evaluation that determined that v15 would meet the City's current and future operational needs, such as mobile capabilities to improve the customer experience, updated GIS integration, and workflow development. GHD also assisted staff in evaluating current practices and business process workflows. The consultant configured the new version and conducted training on the various modules; implementation of the latest version nearing completion; however, the original budget has been exhausted. The following steps to complete the implementation are to complete the reporting capabilities, configure the software to incorporate the Engineering Division, and bring the public-facing portal fully online to replace the current Mobile Citizen application.

Staff recommends approving the second contract amendment with GHD, Inc., for additional services to fully implement the updated Maintstar software to ensure the City is providing high- quality essential services. After the implementation is complete, GHD, Inc., will provide technical support services.

EQUITY AND SUSTAINABILITY
Following the City Procurement Policy, Staff conducted public bidding for products and services.

OUTREACH
No outreach was conducted, as this item is a routine matter of City business.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the City's ONE Pleasanton strategic plan goal of Optimizing Our Organization, Strategy 2 - Procure and integrate critical software platforms across departments for efficient and effective use by City staff and the public. The updated CMMS will allow for tracking internal and external service and work requests, corrective work orders and work management, preventative maintenance, staff resource planning and utilization, asset management data, capital projects, inventory, timekeeping for work tasks, and create a better customer service interface as it delivers a new public-facing portal to replace the current Mobile Citizen application.

FISCAL IMPACT
The second amendment to the agreement with GHD, Inc., will increase the not-to-exceed amount by $140,300. The anticipated total expenditure for this contract will be $616,622, which includes a 15 percent contingency. This increase in funding will be split evenly between the General Fund 001 (OSD Admin - $46,766), Enterprise Funds 420 (Water O&M - $46,767), and 430 (Sewer O&M - $46,767). Staff will present these budget adjustments during the FY 2023/24 mid-year budget review process.

Prepared by: Submitted by: Approved by:

Tamara Baptista, Assistant Dir.
of Public Works - Operations &
Maintenance
Norm Dorais, Director of Public Works

Gerry Beaudin, City
Manager

Attachments:

1. Second Amendment to Professional Services Agreement with GHD, Inc.

Contract #2022213
Second Amendment Page 1

SECOND AMENDMENT TO AGREEMENT

This Second Amendment to Agreement ("Second Amendment") is entered into this ______ day of December 2023, by the City of Pleasanton ("City") and GHD, Inc. ("Consultant”).

Whereas, on July 30, 2021, the City and Consultant entered into a Professional Services Agreement for workflow development and integration for a Computerized Maintenance Management System – CMMS, which was amended on July 1, 2023, by the First Amendment to extend the term through June 30, 2024 (collectively the "Agreement"); and

Whereas, the parties desire to add additional services and increase the total compensation.

Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:

1. Section 1 of the Agreement (Consultant’s Services) is amended to continue and expand the Scope of Work for the Task PM, the work order integration and configuration (Task 6), Staff Training (Task 7) and as-needed services for consulting and troubleshooting (new Task 8).

2. Section 4 of the Agreement (“Compensation”) the total compensation has been increased to $616,622, which includes a fifteen percent contingency fee for the additional services, for the for the remaining term of the Agreement, due to the continued work and expansion of the tasks. Attached and incorporated in this Amendment is an additional breakdown that captures these added services (Exhibit A.2)

4. This Second Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.

5. All other terms and conditions of the Agreement shall remain in full force and effect.

In witness whereof, authorized representatives of the parties have executed this Second Amendment to the Agreement as of the date and year first above written.

CITY OF PLEASANTON CONSULTANT – GHD, Inc.

_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name

Contract #2022213
Second Amendment Page 2
ATTEST: Title: __________________________

_____________________________ [If Consultant is a corporation, signatures must comply Jocelyn Kwong, City Clerk with California Corporations Code §313]

APPROVED AS TO FORM:

By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney __________________________ Print name
Title: __________________________

12559354 | Amendment 2 for Agreement OSD-2021-001 Contract #2022213 | New Maintenance Agreement for As-Needed Consulting Se rvices 2 Budget Breakdown for Amendment 1
Funds to Complete Originally Scoped Tasks   $   9,000.00 Task 6:   Work Order Integration & MaintStar CMMS Configuration   $     9,000.00 ‐ Prox Card Checklist
‐ Water Meter & Backflow Activity Checklist and Guide
‐ Hydrant PM
Funds for Additional Tasks  $60,000.00
Task PM:   Project Management   $     7,500.00
‐ Bi‐Weekly Status Calls
‐ Monthly Invoicing
‐ QA/QC Review
Task 6:   Work Order Integration & MaintStar CMMS Configuration   $   16,000.00 ‐ Prep. for Engineering Training
Task 7:   Staff Training   $   36,500.00
‐ Training for Engineering
‐ Training for GIS
‐ Administrator Training
$69,000.00
Budget Breakdown for new Maintenance Agreement
New Maintenance Agreement (Nov. 1, 2023 through June 30, 2024)  $53,000.00 Task 8:   As‐Needed Services for Consulting / Troubleshooting ‐ As‐Needed Monthly Support   $   53,000.00
EXHIBIT A.2

12559354 | Amendment 2 for Agreement OSD-2021-001 Contract #2022213 | New Maintenance Agreement for As-Needed Consulting Se rvices 3

Exhibit A - Fee Schedule

Classification Hourly Rate
A001 Senior Technical Director 1 $309.00
A002 Senior Technical Director 2 $283.50
A004 Technical Director 1 $237.00
A005 Technical Director 2 $211.00
B010 Drafting/Design 3 $123.50
B012 Drafting/Design 1 $103.00
V005 Consultant 1 $192.50
V006 Consultant 2 $150.00
V007 Consultant 3 $123.50

*Hourly rates increase at a standard 3% annually (July 1)

Mileage reimbursement per published IRS allowable rate for 2023 is $0.655. Other travel- related costs are based upon GSA Travel Rate s and/or current mid-week travel booking prices and billed at cost. Expenses and other similar project-related costs are billed at cost.

EXHIBIT A.2

Item #12

CITY COUNCIL AGENDA REPORT

December 5, 2023
Public Works - Engineering Division

TITLE: ACCEPT PUBLIC IMPROVEMENTS PERFORMED BY DPI, INC. FOR THE ANNUAL WATER DISTRIBUTION SYSTEM IMPROVEMENT PROJECT, CIP NO. 23183

SUMMARY
This annual water project consisted of removing and replacing a water line on Hopyard Road at the intersection with Owens Drive and a water pipeline at the bridge crossing on Wisteria Trail at the intersection of Kilkare Road. The project also included urgent water system improvements, which consisted of repairing a water line on Santa Rita Road at Turnout 1 that was out of service due to a leak, reconnecting a water line on Santa Rita Road between Mohr Avenue and Stoneridge Drive, and installation of underground piping and fitting and site improvements for a temporary booster pump at Turnout 4. Construction of the project is complete to the satisfaction of the Director of Public Works, and staff recommends the City Council accept the project as complete.

RECOMMENDATION

1. Accept the project as complete and authorize the City Clerk to file a Notice of Completion.

2. Authorize release of the retention in the amount of $29,029 to DPI, Inc. 30 days after the recordation of the Notice of Completion.

3. Authorize the return of the project’s balance of $178,017 to the Water Replacement Fund (Fund 421).

BACKGROUND
This project is a part of the City's annual maintenance program, which includes replacing failing water pipelines. Water pipeline replacement projects are selected from a list of problem areas or potential problem areas identified and maintained by the Public Works Department.

Repair and replacement projects are prioritized based on maintenance records, failure potential, damage caused by breakage, and the expected life span of the existing pipelines.

On May 2, 2023, the City Council awarded the construction contract to the lowest responsible bidder, DPI, Inc., in the amount of $334,084 and authorized the then Director of Engineering to approve and execute contract change orders up to the project contingency amount of $50,000.

On August 15, 2023, the City Council authorized Change Order 2 for the not-to-exceed amount of $200,000 and authorized the Interim Director of Public Works to approve change orders up to $250,000. Modeling for interim water improvements identified that system improvements at Turnouts 1 and 4 were necessary to increase water capacity to meet peak daily demand and avoid using the City’s wells that are currently not in use due to PFAS contamination. The City’s on-call contractors were unavailable to perform the work, and the City requested DPI suspend contract work to complete the improvements.

On August 15, 2023, the City Council approved an amendment to a purchase order with Rain for Rent for the rental of a temporary pump and piping at Turnout 4 in the not-to-exceed amount of $200,000. The temporary pump will increase the capacity of the turnout until a permanent booster station can be fabricated and installed.

DISCUSSION
The Annual Water Distribution System Improvement Project, CIP No. 23183, replaced 130 feet of 12-inch water pipeline and valves at the intersection with Owens Drive and Hopyard Road and a water pipeline at the bridge crossing on Wisteria Trail at the intersection with Kilkare Road. The existing pipeline on Hopyard Road was constructed in the 1980s and had numerous leaks, leading to it being taken out of service in fall 2022. Although the bridge crossing pipeline on Wisteria Trail was still in service, it had numerous repairs due to interior corrosion of the pipe. In addition to replacing the pipelines, the work included the installation of seismic fittings, isolation valves, and cathodic protection.

The project also included urgent water system repairs and improvements to increase the water supply at Turnout 1 and Turnout 4. The work consisted of repairing a 12-inch water line that was out of service due to an unknown leak on Santa Rita Road near Turnout 1, reconnection of the water line, and installation of an isolation valve on Santa Rita Road between Mohr Avenue and Stoneridge Drive, and at Turnout 4 the installation of underground piping and preparation of the site for installation of the temporary booster pump from Rain for Rent. In addition, six broken valves were replaced throughout the city. Construction began in May 2023 and was completed in October 2023.

The City entered into a purchase order with Rain for Rent, a City vendor specializing in supplying rental pumps, to install above-ground piping and pump rental at Turnout 4 through December 2024. The temporary pump was put into service in August 2023.

Three change orders were issued during the construction of the project for a total of $246,492, including $219,639 for the urgent work to improve the water distribution system. The additional work under these change orders is described below.

Original Contract Work
• The connection point on the east side of Hopyard Road at Owens Drive was adjusted due to the higher field-condition elevation of the existing tee fitting versus what was shown on the project plans. To meet the minimum requirement of pipe cover, additional fittings and piping were installed to correct the offset between the new pipe and tee fitting.
• While excavating the connection point on the west side of Hopyard Road at Owens Drive, the old trench was discovered to be backfilled with rock and sand. The material spilled into the new excavation area, causing the new trench wall to fail. To ensure the trench wall was stabilized for the connection tie-in, additional shoring was installed using a combination of plywood, foam, and aluminum sheeting.

Urgent Work
• On Santa Rita Road at Turnout 1, the contractor located and repaired the leak on the

existing 12-inch water line. The work also included the reconnection of the water line and the installation of an isolation valve on Santa Rita Road between Mohr Avenue and Stoneridge Drive. After the water line tie-in work, the 12-inch water line had to be flushed and chlorinated, and the roadway pavement was restored. The 12-inch water line was put back in service on July 15, 2023.
• At Turnout 4 on Hopyard Road and Stoneridge Drive, the contractor installed suction and discharge pipes into the existing discharge pipe. The work included the removal of an abandoned concrete vault and backfilling the area to create a pump pad, relocation of an existing fluoride injection vault, installation of new piping and fittings, and modification of the existing sidewalk to fit the new above-ground piping that connects to the new temporary booster pump. These improvements were necessary to increase water capacity during peak demand; the temporary pump has been in service since August 17, 2023.
• The contractor repaired a broken 12-inch water valve and replaced a six-inch water valve on Santa Rita Road near West Las Positas Boulevard so the water lines could be isolated.
• An existing 14-inch water line on Hopyard Road south of West Las Positas Boulevard was leaking and required repair to fix the leak. The work involved excavation, replacement of seven feet of pipe, installation of two transition couplings, and the abandonment of a one-inch service line that was not in use. • A 12-inch water valve at Well 5 near Black Avenue was leaking and required replacement to isolate the water lines. The work involved excavation, removal, and replacement of the water valve.

Piping, valves, and fittings that were necessary for the Turnout 4 improvements and valve repairs were purchased through City vendors as available.

All work has been completed to the satisfaction of the Director of Public Works. Staff recommends the City Council accept the project as complete.

EQUITY AND SUSTAINABILITY
Staff followed the City Procurement Policy for purchasing procedures as these types of repairs are a routine matter of City business.

OUTREACH
Construction notices were sent to businesses and residents adjacent to the project locations.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 – Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects.

FISCAL IMPACT
Funding for this project totaled $1,012,054, as outlined in Attachment 1. Final project expenditures totaled $834,037, leaving a balance of $178,017. Staff recommends the project balance of $178,017 be returned to the Water Replacement Fund (Fund 421).

Prepared by: Submitted by: Approved by:

Su Nguyen Norm Dorais, Director of Public Works

Gerry Beaudin, City
Manager

Attachments:

1. Funding and Expenditure Summary

ATTACHMENT 1
CIP NO. 23183
12/05/23
Project Funding to Date Amount Totals
2022-23 CIP Allocation (Fund 421 - Water Replacement CIP) $1,000,000 *Transfer from CIP No. 22183 (Fund 421 - Water Replacement CIP) $12,054

TOTAL PROJECT FUNDING TO DATE
Project Expenditures
Advertising $490
DPI, Inc. - Contract 334,084
DPI, Inc. - Change Orders No. 1-3 246,492
Miscellaneous Expenses - Turnout 4 Booster Pump 52,971
Purchase Order - Rain for Rent (CCAR #15 - 08/15/23) 200,000

TOTAL PROJECT EXPENDITURES
Funding Balance / (Shortfall)
Current Balance - Return to Fund Balance (F421) $178,017 $834,037

ANNUAL WATER DISTRIBUTION SYSTEM IMPROVEMENTS
$1,012,054

Item #16
1 of 1

MEMORANDUM
Date: November 16, 2023
To: Mayor and City Council
From: Gerry Beaudin, City Manager
Subject: Continued from November 7, 2023, Item 17 City Council Meeting: Introduce an ordinance to add a new Chapter 9.06 Leaf Blower Restrictions to the Municipal Code to ban gasoline-powered leaf blowers effective June 1, 2024, and waive first reading
This memo was prepared to update funding incentives stated in the November 7, 2023, agenda report (see page 4 of Attachment 1). Since the original creation of the agenda report and community outreach meetings, funding sources identified in the report have been exhausted. These sources include: Bay Area Air Quality Management District, California CORE, and Tri-Valley Air Quality Climate Alliance. However, the San Joaquin Valley Air Pollution District has an active grant program which would benefit businesses based in Tracy and other San Joaquin County locations. Based on City records, there are eight landscaping businesses registered in Tracy, operating in Pleasanton. At the present time, it is unknown if any of the funding sources cited above will be renewed or if any new funding sources will be created.

Attachments:

1. November 7, 2023, Agenda Report

17 THE CITY OF
r' CITY COUNCIL AGENDA REPORT

PLEASANTON
November 7, 2023
Community Development
TITLE: INTRODUCE AN ORDINANCE TO ADD A NEW CHAPTER 9. 06 LEAF

BLOWER RESTRICTIONS TO THE MUNICIPAL CODE TO BAN
GASOLINE- POWERED LEAF BLOWERS EFFECTIVE JUNE 1, 2024, AND

WAIVE FIRST READING

SUMMARY
The City Council' s adopted Fiscal Year 2021/ 22- 2022/ 23 Work Plan includes a priority action to adopt a City ordinance banning the use of gasoline- powered ( gas- powered) leaf blowers in Pleasanton. This agenda report outlines draft amendments to the Pleasanton Municipal Code ( PMC) to enact such restrictions and provides supporting information for City Council consideration.

RECOMMENDATION
Staff recommends the City Council introduce an ordinance to ban gasoline- powered leaf blowers effective June 1 , 2024, and waive the first reading.

FINANCIAL STATEMENT
If enacted, there will be a financial impact to transition the City' s fleet of gas- powered leaf blowers to all- electric models. Staff has estimated the cost of this transition will be approximately $ 180, 000, including purchase of new equipment and supporting components such as battery packs and charging equipment.

ATTACHMENT 1

BACKGROUND
State Legislation
AB 13461, adopted by the California Legislature in 2021, will phase out the sale of new gas- powered small off- road engines ( SOREs) in California by January 1, 2024. Types of equipment covered by AB 1346 include leaf blowers and other spark- ignition engines with less than 25 gross horsepower ( e. g., lawn mowers, chain saws, leaf blowers, etc.).

AB 1346 also required the California Air Resources Board ( CARB), by July 1, 2022, to set emissions requirements for small off- road engines to zero by 2024 or whenever CARB determines is feasible. In December 2021, CARB commenced a SORE rulemaking process consistent with AB 1346 requirements. Currently, CARB' s SORE rulemaking package provides a path for the transition of SORE equipment to zero- emission equipment beginning with model year 2024.

Under state law, gas- powered leaf blowers cannot be sold in California beginning January 1, 2024, but state law would not prohibit the use of existing gas- powered leaf blowers.

Local Priority
The City Council' s adopted FY 2021/ 22- 2022/ 23 Work Plan included a priority action to adopt a City ordinance banning the use of gas- powered leaf blowers in Pleasanton for public health.

The City' s adopted Climate Action Plan ( CAP) 2.0 outlines greenhouse gas ( GHG) emissions in the city. Pleasanton' s largest source of GHG emissions come from transportation, comprising 64 percent of all emissions. Leaf blower use is captured within the CAP 2.0's GHG inventory in off-road emissions, accounting for 8 percent of that total. As such, the CAP 2.0 moves to electrifying off- road equipment at the municipal level ( Action P6) and community level ( Action P7), among other related actions such as partnering with local organizations to provide incentives and investigating opportunities to reduce off- road construction equipment. Action P.7, when fully implemented, is estimated in CAP 2.0 to reduce emissions by 76,200 MTCO2e2 through the year 2030.

Additionally, in recent years, community members have advocated for additional regulations on the use and operability of leaf blowers in the city, citing noise and emissions as primary concerns.

At least 20 other cities in California have enacted a form of gas- powered leaf blower bans, 3 Some of these ordinances impose complete bans on gas- powered leaf blowers whereas others have adopted a partial ban and have limited hours of operation. Some cities, such as San Anselmo, have adopted bans on all gas- powered lawn equipment.

To date, none of the Tri- Valley cities ( Danville, San Ramon, Dublin, and Livermore) have adopted a gas- powered leaf blower ban, although there is interest in doing so.

Introduced February 2021, Approved October 2021
Metric tons of carbon dioxide equivalent
These include Belvedere, San Anselmo, Alameda, Oakland, Sonoma, and Los Gatos.

Key Considerations
Staff conducted extensive research in formulating and considering the scope of the draft ordinance, including the issues of equipment availability, environmental and health benefits, noise, costs/ financial impacts, and enforcement. A summary of the key findings of that research is provided below.

Availability and Use
Zero Emission Equipment ( ZEE), including plug- in and battery- powered models, is now widely available, and both technology and availability has seen rapid advancement in recent years. As of 2021 , there were at least 35 different manufacturers of ZEE for residential- grade equipment, and for professional- grade equipment at least 12 different manufacturers. While current residential use of ZEE equipment is relatively high ( an estimated 59 percent of residential- owned equipment is now ZEE), uptake is much lower among commercial users, likely due to the higher costs of replacing equipment.

The CARB regulations due to take effect in 2024 will help accelerate the transition to ZEE. Most local jurisdictions surveyed by staff ( including Pleasanton) operate very few ZEE in their current fleets, although more are beginning to transition. As discussed below, phasing out and replacing gas-powered equipment has some initial costs, but these are somewhat balanced by lower operational and maintenance costs.

Health and Environmental Effects.

Gas- powered leaf blowers have been documented to have several detrimental effects on the environment. According to CARB, emission impacts of SORE are significant.. one hour of commercial gas- powered leaf blower is estimated to emit the same smog- forming pollution comparable to driving a passenger car 1,100 miles, and one hour of gasoline lawn mower use emits as much smog- forming pollution as driving a passenger car 300 miles. If left unregulated, CARB estimates by 2031, SORE caused smog- forming emissions will be more than twice those from passenger vehicles. Emissions from SORE also have health impacts, particularly associated with aggravation of respiratory conditions.

Noise
The City receives periodic complaints from residents about noise from leaf blowers and landscape equipment; complaints increased during the COVID pandemic as more people stayed home and were exposed to noise during daytime hours. Pleasanton' s noise regulations, as outlined in the Pleasanton Municipal Code Chapter 9. 04, apply to landscaping equipment like leaf blowers, setting a 60 dBA noise limit outside residential property lines. Pleasanton' s regulations also specify quieter hours between 8 p.m. and 8 a. m. on Sundays and holidays ( see PMC 9. 04. 070) to address noise- related issues.

Most leaf blowers, especially gas- powered ones, exceed this limit, sometimes reaching over 100 dBA, while electric models are somewhat quieter, ranging from 60- 70 dBA.

Despite the transition to electric leaf blowers, noise remains a concern, particularly during early morning hours. In response to such nuisances, some cities have established specific usage hours or banned gas- powered leaf blowers.

Costs
When comparing the costs of electric and gasoline- powered leaf blowers, it's essential to consider both upfront and operational expenses. Electric leaf blowers tend to have a

lower cost per unit but may involve additional upfront expenses, especially for commercial landscapers requiring extra batteries for all-day operation. Professional- grade battery- powered leaf blowers used by commercial landscapers can be considerably more costly ( approximately $ 1, 600- 2, 500 plus additional batteries), whereas residential- grade leaf blowers are more affordable ( about $ 100- 300). Larger companies may need electrical upgrades to charge multiple batteries simultaneously.

Despite higher upfront costs, electric equipment generally has lower operational expenses due to reduced maintenance and reliance on electricity instead of gasoline and oil. A study by the Santa Cruz Coalition for a Healthy and Safe Environment suggests a positive return on investment ( ROI) for switching to electric leaf blowers in around 9- 11 months. However, given the desire to address CAP 2. 0 goals, benefits in terms of pollution and reduced noise, and transition by the State to non-SORE equipment, staff continues to support the recommended restriction on gas- powered leaf blowers as proposed in the ordinance.

DISCUSSION
The proposed ordinance ( Exhibit A to Attachment 1) would add a new chapter ( Chapter

9. 06 Leaf Blower Restrictions) to the PMC, to include a ban on the use of gasoline- powered leaf blowers in Pleasanton. Such regulations would apply uniformly to individual residential and commercial users, commercial businesses such as landscape contractors, and to the City organization.

Time Restrictions
Staff considered potential imposition of time restrictions on the use of leaf- blowers and similar equipment, but is not recommending such provisions be adopted at this time. As discussed below, enforcement simply for restrictions on equipment type, will be challenging for the City' s limited code enforcement staff. Time restrictions would add another enforcement responsibility that would be difficult to sustain with current staffing.

Other reasons weighing against time restrictions are limitations on scheduling landscape/yard work on private property, and impacts to the City's own operations including more limited windows in which to perform necessary maintenance work). As also discussed above, electric leaf- blowers tend to be less noisy than their gas counterparts, with a beneficial impact on overall levels of nuisance and noise.

Financial Incentives
As described above, there are costs associated with transitioning to ZEE, particularly for businesses that may need to acquire a larger amount of new equipment. While some local agencies have created programs to help subsidize the costs of replacing gas- powered equipment, staff is not recommending doing so at this time. Given other financial incentives available, it may not be necessary to create such a program.

Currently, creating a subsidy program ( e. g., rebate, grants, etc.) would present challenges in how the program would be funded and for staff capacity to operate and manage the initiative.

However, there are existing financial incentives made available by CARB and regional agencies that may help to provide relief for businesses and organizations required to transition from gas to electric equipment. CARB operates an extensive incentive program for SORE equipment including leaf blowers and their batteries. This funding is

available for professional landscapers ( capped at $ 25, 000 per eligible purchaser) operated by small businesses or sole proprietors. Previously, the Tri-Valley Air Quality Community Alliance ( TVAQCA) had an available grant for commercial gardeners and landscapers, government agencies, school districts, colleges, and non- profits. However, the program has expired and is unknown how soon, if at all, will be renewed.

Transition of Municipal Fleet
The ban on gas- powered leaf blowers would apply to the City' s Public Works Department equipment fleet, which currently includes about 35 leaf blowers. Staff estimates transitioning the City' s fleet of leaf blowers to all-electric would cost about 180, 000, which includes multi- chargers ( to charge several batteries at once), and extra batteries for the maintenance crews to have on hand when out in the field ( a battery pack lasts about as long as a tank of gas). This estimated cost includes infrastructural electrical upgrades needed to increase outlet availability and load capacity. 4 Some of the concerns discussed among staff in transitioning the City' s fleet included compromises such as reduced power, user discomfort ( of units with handle- mounted batteries), infrastructure costs, unknown impact on service levels by going full electric, and limited availability for professional- grade equipments. However, as described in this report, there are many positive trade- offs in making the transition. Not least of these is the opportunity for the City to demonstrate leadership and a positive example in supporting a transition to ZEE, in addition to environmental and health benefits, and noise and maintenance cost reductions.

Enforcement and Implementation
Enforcement is expected to be one of the most challenging considerations in adopting this type of ordinance, particularly due to limited staff capacity. The short- term/ transitory nature of leaf blower use also makes enforcement more challenging, since the violation must be personally observed, or documented in a verifiable manner in order to be enforced. While the City would have the power to enforce the ban on gas- powered leaf blowers through the typical code enforcement procedures available through the PMC e. g., fines and penalties) the enforcement approach is anticipated to focus on outreach and education, rather than strict imposition of fines and penalties.

With adoption of the ordinance, staff recommends a robust community engagement strategy to inform the community and landscape maintenance companies that do business in the city about the new regulations and highlight financial incentives available. To allow for such public outreach and education, and recognizing the timelines that may be faced in securing equipment especially for larger scale for commercial operators, staff recommends that implementation of the ordinance begin by June 1, 2024. This will allow time for additional outreach and education that can help to aTheCity wasrecentlyawardeda$7,500TVAQCA grantthathelpedoffsetthecostsof a batterypowered equipment pilot program in which the City purchased20 piecesof equipment, as well as chargers and batteries; this included two backpack electric leaf blowers and battery packs. The new equipment arrived in June and went into use after a manufacturer orientation.
5Largerpurchaseordersof professional-gradeequipmenthavelongerleadtimesandmaytake3 or moremonthsto fulfill.

secure voluntary compliance, educate individual and business users, and allow for a more successful transition to electric equipment.

STRATEGIC PLAN ALIGNMENT
Approval of this action 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.

This effort of banning gasoline- powered leaf blowers and transitioning to electrification will help reduce the City' s greenhouse gas emissions, accelerate progress towards carbon neutrality, and concurrently elevate public health and quality of life by improving air quality and reducing harmful noise levels.

PUBLIC OUTREACH
The CAP 2.0 included policy direction to consider a gas- powered leaf blower ban and electrification of small engine equipment. The public outreach process for the CAP 2. 0 was over the course of two years and included more than 20 public meetings. There was a high level of support for this CAP action.

For the current discussions around leaf blowers, staff conducted two virtual community outreach meetings - one for non- residential/ commercial operators on September 14, 2023 and one for residential audiences on September 21 , 2023. Meeting notification included a notice to interested parties on the CAP 2.0 mailing list (sent to over 200 recipients), notification ( via email) to registered landlords of residential, commercial, apartments, and property management, and landscape and gardener businesses with active business licenses with the City ( 670 total
accounts6).

Meeting information was
also shared across the City' s media platforms.

There were expressions of support and opposition at the meetings. Those opposing the ordinance expressed disagreement and concerns with the rationale of the ordinance, including in regard to the performance of electric leaf blowers in comparison to gas- powered leaf blowers, questioning of the available statistics on gas- powered leaf blowers, proper noticing to the public about the ban on gas- powered leaf blowers, impacts on local gardening businesses and availability of services in Pleasanton, and the infrastructure needed to support the transition.

Support for the ordinance to ban gas- powered leaf blowers highlighted addressing noise nuisance when working from home, reducing odors, addressing air quality via emissions produced, reducing the negative health impacts experienced by the user, phasing the ban, and positioning Pleasanton as a leader by advancing an environmentally friendly initiative. Some commenters ( both for and against the proposed ordinance) questioned why the ordinance is only for the ban use of gas- powered leaf blowers and not all SORE.

Total of 477 recipients and 193 undeliverable due to incorrect/ inactive email address.

CEQA
An Initial Study/ Negative Declaration was prepared for the CAP 2.0 which found impacts of the implementation of all the Plan' s actions to be Less Than Significant.

Since the adoption of the ordinance would be consistent with CAP 2. 0, no further CEQA analysis is required.

PUBLIC NOTICE
Notice of this item has been published in The Valley Times and was noted in the Pleasanton Weekly as an upcoming agenda item for this City Council meeting. At the time this report was prepared, staff has not received comments regarding the proposed code amendments, other than those reported above from the two community meetings held.

SUMMARY AND CONCLUSION
Attachment 1, Exhibit A includes the proposed text amendments. As outlined above, based on various factors and considerations, the proposed amendments provide for a ban on gas- powered leaf blowers only, with implementation to begin starting in June 2024. The ordinance will complement and help to accelerate the efforts of the State to phase out gas- powered SORE, in accordance with City and statewide GHG reduction goals, and in alignment with CAP 2.0 and the City Council' s goals and strategies. As noted, staff does not recommend a broader ban on SORE at this time, nor the imposition of time restrictions for the use of leaf- blowers and similar equipment, instead relying on existing noise ordinance restrictions to limit and control this type of nuisance.

More broadly, a transition to electric equipment will lower noise levels since such models tend to be less noisy than similar gas- powered models. Depending on the outcomes and success of the gas- powered leaf blower ban, the City Council could consider expanding the program to other SORE, as a future action.

Submitted by: Financial Review Approved by:

Ellen Clark Susan Hsieh Gerry Beaudin
Director of Director of Finance City Manager
Community Development
Attachment.-
1 .
ttachment:
1 . Ordinance with Exhibit A, proposed modifications to the Pleasanton Municipal Code

ATTACHMENT 1
ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING A NEW CHAPTER 9. 06 LEAF BLOWER RESTRICTIONS TO BAN GASOLINE- POWERED LEAF BLOWERS EFFECTIVE JUNE 1, 2024,
WHEREAS, on October 9, 2021, Assembly Bill 1346 added Section 43018. 11 of the Health and Safety Code, requiring the California Air Resources Board, by July 1, 2022, to adopt cost- effective and technologically feasible regulations to prohibit engine exhaust and evaporative emissions from new small off- road engines, as defined by the state board; and WHEREAS, the changes to Health and Safety Code by Assembly Bill 1346 are effective January 1, 2024, or as soon as the state board determines is feasible; and WHEREAS, in December 2021, the California Air Resource Board commenced a small off- road engines rulemaking process that provides a path for the transition of small off- road engines equipment to zero- emission equipment beginning with model year 2024, and WHEREAS, on May 2021, the City Council held a duly- noticed public hearing and approved the FY 2021/ 22- FY 2022/ 23 Work Plan that includes a priority action to adopt a City ordinance banning the use of gasoline- powered ( gas- powered) leaf blowers in Pleasanton; and WHEREAS, the proposed amendments to the Pleasanton Municipal Code implement the requirements of state law and add local policies that are within the scope of the state law, and WHEREAS, the City of Pleasanton' s Climate Action Plan ( CAP 2. 0), adopted by Resolution No. 22- 1271, which was subject to an Initial Study and Negative Declaration adopted by Resolution No. 22- 1270, includes sections P6 and P7, that encourages transition to electric landscape equipment and ban gas- powered leaf blowers.

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

SECTION 1. Find 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. Amends the Pleasanton Municipal Code as shown in Exhibit A, attached and incorporated by this reference.

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 November 7, 2023, by the following vote.

Ayes:

Noes:

Absent:

Abstain:

Karla Brown, Mayor
ATTEST:

Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:

Daniel G. Sodergren, City Attorney

EXHIBIT A

EXHIBIT A
Add a new Chapter 9. 06 to the Pleasanton Municipal Code as follows:

CHAPTER 9. 06 LEAF BLOWER RESTRICTIONS

9.06.010. Declaration of Policy
It is declaredto the be policy of the city that the peace, health, safety and welfare of residents, visitors and personswho work in the city be protected from excessivenoisesfrom leaf blowers operatedtoo early or too loudly; aswell asbe protected from inhaling or being exposedto engine exhaust emissions from gasoline- powered leaf blowers.

9. 06. 020. Definitions
For the purposes of this chapter, certain terms are defined as follows:

A. " Gasoline-powered leaf blower" meansany leaf blower directly powered by an internal combustion engine using gasoline, alcohol or other liquid or gasesfluid.

B. " Leaf blower" means a machine that generates a current of air used to collect loose leaves debris.

9. 06. 030. Ban on Gasoline- Powered Leaf Blowers
Beginning June 1, 2024, it shall be unlawful for any personto operatea gasoline-powered leaf blower at any time in the City.

9. 06. 040. Leaf blower noise regulations
Leaf blowers are a machine or device subject to the noise regulations of Chapter 9. 04.

9. 06. 040. Enforcement
A. A violation of this chaptermay be documentedby an administrative citation, as set forth in Chapter 1.24, issuedby a police officer or community servicesofficer of the police department, or a code enforcement officer of the community development department.

B. The remedies provided in this chapter are cumulative and in addition to any other remedies available at law or in equity.

9.06.050. Severability
If any section or provision of this chapter is found to be invalid by a court of competent jurisdiction, suchfinding shall not affect the validity of the remainder of this chapter, which shall continue in full force and effect.

Ordinance No. CityCouncil, November7, 2023
Exhibit A to Ordinance; PMC Amendments, Page 1

Item #17

CITY COUNCIL AGENDA REPORT

December 5, 2023
Finance

TITLE: RECEIVE A PRESENTATION ON REVENUE MEASURE POLLING RESULTS

AND PROVIDE DIRECTION FOR STAFF TO ENGAGE IN COMMUNITY

OUTREACH TO FURTHER EXPLORE A REVENUE MEASURE

SUMMARY
At its March 21, 2023, meeting, the City Council directed staff to place an item to discuss revenue options on a future agenda, including but not limited to, a potential ballot measure for upcoming elections. At its August 15, 2023, meeting, staff and the City’s revenue strategy consultant, Clifford Moss, provided the City Council and the community with an overview of community needs, potential revenue options, and the process and timeline for election-based ballot measure development. The City Council provided feedback and directed staff to conduct a public opinion poll to seek input from the community regarding Pleasanton’s service priorities and identify potential revenue options.

After conducting a comprehensive review of all the potential revenue options, staff and the City’s consultants developed a survey including sales tax, General Obligation bond, and hotel tax measures with a more thorough look at the sales tax measure. In late September, research and data-analytics consultant, FM3 Research, conducted telephone and online interviews in three languages including English, Spanish, and Chinese, asking voters about their top concerns, funding priorities, and whether they would support potential tax measures. The key findings of the statistically-valid survey are summarized below:
o Pleasanton voters continue to be positive about City services and City government o Voters prioritize basic City services such as 9-1-1 emergency response, police, fire, street maintenance, infrastructure maintenance, and parks o Revenue measures are potentially viable; however, more education and community outreach is necessary to help the community understand the City’s funding needs.

This report provides an overview of the polling results. Staff recommends the City continue to work with the community to determine the feasibility of a sales tax revenue measure.

RECOMMENDATION
Receive a presentation on revenue measure polling results and provide direction for staff to engage in community outreach to further explore a revenue measure.

BACKGROUND
What is this project all about?
The City is a full-service municipality that provides essential services and facilities to maintain and protect the high quality of life for all residents. The City is working diligently to maintain the services that residents tell us they value - public safety and fire protection, infrastructure and

water quality, emergency response, street maintenance, keeping City buildings in good condition, quality parks and open spaces, programs for youth and seniors, housing, and more - while also being fiscally responsible.

The City’s General Fund budget provides funding for a wide range of services and infrastructure. The City’s Long-Term Financial Forecast and the draft 10-Year Infrastructure Plan identify budget deficits and significant funding needs for repair and replacement in future years, as community-owned assets age. The City is now considering new revenue options to responsibly address community needs and seeking input from the community to ensure residents have the opportunity to participate in this important decision-making process.

What are the City’s greatest needs?
Based on the community survey, polling results, and service/funding needs, below are services and programs that are valued by the community. Services are presented first and followed by infrastructure.
• PUBLIC SAFETY: Maintaining police and fire protection services, 9-1-1 emergency response, emergency/disaster preparedness, crime prevention programs, and alternative response to mental health programs; updating and modernizing police information and dispatch systems.
• SERVICES FOR SENIORS AND YOUTH: Maintaining senior services and programs, and after-school programs for children and teens, including maintaining library hours and providing access to books and educational technology. • ECONOMIC VITALITY: Supporting small businesses and attracting new businesses, jobs, and economic activity.
• COMMUNITY INFRASTRUCTURE: Maintaining/replacing aging infrastructure including facilities such as fire stations and recreation facilities, stormwater drainage systems, and water and sewer systems to continue providing clean drinking water and quality sewer service. Funding for a new Emergency Operations Center (EOC) to better respond to a wide range of emergencies such as storms and fires. • STREET MAINTENANCE: Repairing potholes and repaving streets and roads. • PARKS AND OPEN SPACES: Maintaining City parks, repairing park systems and equipment, and replacing paths and trails.

What is the City doing to manage its finances responsibly? The City has demonstrated fiscal prudence in managing its finances and makes every effort to use resources wisely. Over time, the City has made changes to its organizational structure, compensation packages, and operating strategies to reduce costs and improve efficiency, including the implementation of energy efficiency projects (e.g., solar panel installation at the police station and LED lights at the library). Reduced retiree health benefits are being offered to employees, and all City employees now contribute their maximum share towards the employee’s portion of the pension contribution. The City has also been proactive in setting funds aside in a pension reserve and established General Fund reserves to weather economic uncertainties. Like other agencies, the City needs to develop a financial plan when significant expenses beyond the budget arise, making it critical to identify new resources to maintain vital City services and infrastructure that protect the community's high quality of life.

Why does the City need more funding?
The General Fund supports both City services and infrastructure. As the community has grown over the years, City services and programs have expanded to accommodate the increase in service demand. The City’s operating costs are also rising due to inflation/increase in the Consumer Price Index (CPI). Overall, the City lost more than $11 million in revenue during the pandemic and has not fully recovered to the pre-pandemic level, impacting the City's financial stability. Rising personnel, contract service, and material and supply costs coupled with reduced hotel tax revenue puts pressure on the General Fund budget. Beyond the current budget cycle, deficits are projected if budget solutions are not implemented. Annual budget deficits are projected to range from $2 million to greater than $7 million. The deficits may be higher if there are economic downturns over the next several years. It will be challenging to keep pace with the service needs expected by the community in future years, and additional resources will be required to sustain services.

In addition, many City facilities, infrastructure, and parks were constructed and renovated during a significant growth period in the 1980s and 1990s. These community-owned assets such as fire stations and park systems are aging and funds are needed to repair and replace them. Anticipating significant future repair and replacement costs, the City Council directed staff to develop a 10-Year Infrastructure and Facilities Replacement Plan as part of the 2017- 19 budget adoption in June 2017. The goal was to identify estimated costs and a funding plan.

Staff started developing the plan and the work was put on hold due to the COVID-19 pandemic; post-pandemic, staff revisited and updated the plan. The draft plan serves as a guide for a more comprehensive asset management plan and was presented to the City Council in March 2023. The estimated annual repair and replacement costs over the next 10 years for the General Fund and Enterprise Funds total close to $900 million, or approximately $89 million in annual costs.

In June 2023, the City Council approved funding for the development of an Asset Management Plan that will aid the City in identifying costs for maintaining the infrastructure to meet the desired level of service. In addition, various City master plans and assessment reports (facilities, storm drain, parks, sidewalk, etc.) will be developed/updated and incorporated into the comprehensive asset management plan. While the asset management plan is in development, the City needs money to fund both near- and long-term repair and replacement projects, as City facilities and infrastructure will deteriorate over time if not repaired or replaced.

DISCUSSION
What are the polling results?
Based on the City Council’s direction, staff and the City’s consultants developed a ballot measure feasibility survey taking into consideration the feedback from the City Council and community and the City’s funding needs. After performing a comprehensive analysis of all the potential revenue options that were presented to the City Council on August 15, 2023, it was concluded that sales tax increase, General Obligation bond, and hotel tax measures are potentially viable. A broader list of revenue options is provided as Attachment 1.

Sales tax is paid by both residents and non-residents (businesses and visitors), ad valorem tax associated with a General Obligation bond is assessed on both residential and commercial property owners, and hotel tax is paid by visitors. For the survey, both sales tax and hotel tax are considered a general purpose tax that requires majority voter approval. Funds can be used

for both services and infrastructure repair and replacement. The General Obligation bond requires two-thirds voter approval, and funds can only be used for infrastructure (capital projects) related costs such as building and park renovation.

The City’s current sales tax rate is 10.25% and the prospective rate increase is 0.5% for 10 years. A half-cent sales tax increase will bring Pleasanton’s rate to 10.75% if approved by the voters. The sales tax rate for six cities in Alameda County is already at 10.75%, and one city is at 10.50%. A new district tax is expected to generate approximately $10 million in annual revenue that can be used to support essential City services and programs.

The proposed amount for the General Obligation bond is $200 million. The average annual tax rate per $100,000 assessed value is estimated at $20. The annual average tax rate for the median assessed value single-family home is estimated at $176. The annual revenue/debt service payment is estimated at $12.5 million. Several cities in Alameda County such as Alameda, Berkeley, and Fremont have issued General Obligation bonds.

The City’s hotel tax rate is 8%, and the proposed increase is 4% bringing the new rate to 12%.

The Cities of Dublin and Livermore also have an 8% hotel tax rate, the City of Hayward’s rate is at 8.5%, and the tax rates for nine other cities in Alameda County are at 10%, 12%, 13%, and 14%. The increase in annual revenue is estimated at $2 million.

The ballot language for the three measures is presented below. Please note that the survey focused more on sales tax as this potential measure would bring in revenue to help balance the General Fund budget while providing some funding to repair and replace facilities, stormwater systems, parks, and other City infrastructure.

PLEASANTON QUALITY OF LIFE MEASURE. To maintain and protect essential city services, such as police and fire protection; 9-1-1 emergency response; disaster preparedness; pedestrian safety; park maintenance; pothole repair and street maintenance; recreation programs; open space preservation; and other general government uses; shall the City of Pleasanton’s measure to establish a ½¢ sales tax, providing approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits and public spending disclosure, be adopted?

PLEASANTON DRINKING WATER SAFETY AND INFRASTRUCTURE REPAIR MEASURE.

To ensure the continued safety and quality of local drinking water, and prevent flooding during major storms — by installing new infrastructure and repairing existing buildings, parks, playgrounds, sidewalks, streets, and stormwater systems — shall the City of Pleasanton issue $200,000,000 in bonds with an average levy of $20 per $100,000 of assessed value, generating approximately $12.5 million annually over 30 years, requiring independent oversight and published audits?

PLEASANTON QUALITY OF LIFE MEASURE. To maintain and protect essential city services, such as police and fire protection; 9-1-1 emergency response; disaster preparedness; park and street maintenance; recreation programs; and other general government uses; shall the City of Pleasanton’s measure increasing the existing transient occupancy (hotel) tax from 8% to 12% (paid only by hotel/motel guests), providing approximately $2,000,000 annually, until ended by voters, keeping all funds local, with annual audits and public spending disclosure, be adopted?

The polling results show that both the sales tax and hotel tax measures are viable, but the General Obligation bond measure is not viable at this time. The sales tax measure may face some challenges. Many voters do not perceive a need for additional funding for City services or infrastructure. Therefore, more education and community outreach is necessary to help the community understand the City’s funding needs.

The polling results also show that voters are positive about City services and City government.

Voters are most concerned with cost-of-living issues, drinking water quality, and freeway traffic, but half are also concerned with local taxes. Voters are slightly more likely to see a funding need for infrastructure than City services. Emergency services, police and fire are voters’ top funding priorities.

The survey results suggest that the City needs to implement an active community engagement plan to provide voters with a complete picture of the community’s needs and how potential measures fit into the City’s longer-time financial planning. Retesting viability in the May-July 2024 timeframe is necessary to determine feasibility.

What solution is being considered?
The City has been evaluating various funding options to generate additional revenues to support both City services and infrastructure with the least impact possible to Pleasanton residents. Sales tax is not just paid by residents. It is also paid by businesses and visitors who make purchases. Transaction and use tax/sales tax generated by the City will stay in Pleasanton to fund essential City services and infrastructure improvements. A half-cent sales tax would generate the level of revenue that is needed to balance the City’s General Fund budget in future years, providing necessary resources to support City services and programs that are expected by many of our seniors, children, and families. Revenue can also partly fund repair and replacement costs.

If the community is in support of a half-cent sales tax measure for the November 2024 General Election, it will require four votes from the City Council to place the measure on the ballot as this support is important as the City and the community work together to identify resources to maintain a high quality of life for all residents now and into the future.

How will the City involve the community in this effort? The City will implement a proactive community engagement plan to share information and receive feedback from the community, incorporating communication tools such as the City’s website and social media platforms, articles in the City’s various newsletters, direct mailers, and interactions with residents individually and/or in community groups. Consultant support will also be utilized to facilitate some of the conversations. A comprehensive outreach plan will ensure the City engages, informs, gathers, and listens to input from residents and stakeholders on City needs and the proposed plan to meet those needs.

What happens if the City doesn’t pass a revenue measure? Without significant revenue increases, it is likely that some City services and programs would be reduced or discontinued over time. City infrastructure will continue to age and deteriorate and become unusable for the community at some point.

Next Steps
Based on the City's budget projections, staff believes it advisable to further explore a revenue measure. On receiving such feedback and direction from the City Council, staff and Clifford Moss will develop and implement an active community engagement plan to seek input from residents and key stakeholders to assess the viability of a sales tax measure for the November 2024 General Election.

EQUITY AND SUSTAINABILITY
As a full-service city, the City provides a wide range of services and programs to meet the needs of all members of the community. Additional resources are necessary to sustain vital City services and programs and support community infrastructure in future years. New resources will enable the City to keep pace with the service needs expected by the community.

OUTREACH
After receiving feedback and direction from the City Council, staff will implement an active engagement plan to seek input from the community.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Funding Our Future by focusing on developing a long-term strategy for funding operations and maintenance needs to ensure reliability of community-owned facilities and infrastructure and continuity of City services.

FISCAL IMPACT
This is an informational report only; there is no fiscal impact from receiving this report.

Consultant support will be required as the City engages the community in an extensive conversation to determine feasibility. Should the City Council direct staff to move forward in soliciting community input, an agreement indicating cost and scope of work will be presented to the Council at a future meeting. The estimated costs for an extensive community engagement is expected to range from $240,000 to $284,000. The costs include a second public opinion poll in addition to community meetings and events, mass mailers, emails and text messages, videos, and related engagement activities.

Prepared by: Submitted by: Approved by:

Susan Hsieh, Director of
Finance
Susan Hsieh, Director of Finance

Gerry Beaudin, City
Manager

Attachments:

1. List of Revenue Options

Attachment 1
List of Revenue Options
No. Type of Tax/Fee Basis of Levy
Voter
Approval
Requirement
1 General Obligation
Bonds
Citywide. A levy on property based
on the properties’ assessed value
and used for voter approved debt. Two-thirds
2 Sales Tax General
Citywide. A levy on the retail sale of
tangible goods. Majority
3 Sales Tax Special
Citywide. A levy on the retail sale of
tangible goods. Two-thirds
4 Business License Tax
Citywide. A levy on operators of
businesses. Majority
5 Transient Occupancy
(Hotel) Tax
Citywide; primarily to visitors. A levy
on the occupancy of hotels, motels,
or other short-term lodging. Majority
6 Real Estate Transfer
Tax
Citywide. Property owners. Taxes
imposed on the transfer of title of real
property. Majority
7 Utility User Tax
Citywide. A levy on the use of
utilities, such as electricity, gas, or
telecommunications. Majority
8 Community Facility
Districts/Parcel Tax
Citywide or local. A levy on parcels of
property, typically set at some fixed
amount per parcel. Two-thirds
9 Benefit Assessment
Districts
Local. A levy on property within a
benefit assessment district. Based on
calculation of the special benefit.

Majority vote
of property
owners
10 Property Related Fees
and Charges - Storm
Drain Impacted property owners
Majority vote
of property
owners

Item #18

CITY COUNCIL AGENDA REPORT

December 5, 2023
Community Development

TITLE: INTRODUCE ORDINANCES TO AMEND THE MUNICIPAL CODE TO: (1) CREATE A HOUSING OPPORTUNITY ZONE DISTRICT; AND (2) CREATE THE

OBJECTIVE DESIGN STANDARDS HOUSING SITES COMPLIANCE REVIEW PROCESS; AND (3) INTRODUCE 21 ORDINANCES TO REZONE 21 HOUSING OPPORTUNITY SITES IDENTIFIED IN THE 6TH CYCLE HOUSING ELEMENT TO THE HOUSING OPPORTUNITY ZONE DISTRICT; AND WAIVE FIRST READINGS

SUMMARY
As part of implementing the previously adopted General Plan Housing Element, staff recommends that the City Council adopt various amendments to the Pleasanton Municipal Code and Zoning Map, including: (1) a Municipal Code Amendment to create a Housing Opportunity Zone (HOZ) District; (2) a Municipal Code Amendment to create the Objective Design Standards (ODS) Housing Site Compliance review process; and (3) amendments to the Zoning Map to rezone twenty-one housing opportunity sites identified in the 6th Cycle 2023-2031 Housing Element to the HOZ District. The City’s recently adopted Housing Element includes Programs 1.1 and 1.4 that require the City to rezone properties and create the new HOZ district, and then apply that zoning and uses under this HOZ district to the 21 housing opportunity sites identified in the Housing Element. Additionally, with adoption of the ODS, the City has recently established a Housing Site Compliance review process; these municipal code amendments codify this process, such that applicants and staff have specific guidance on the submittal/review of development projects on these housing opportunity sites.

Pursuant to State law, the City is required to complete said actions by January 31, 2024. The amendments to the municipal code and rezonings were recommended for approval by the Planning Commission and are now presented to the City Council for final consideration and decision.

RECOMMENDATION

1. Find the proposed municipal code amendments and HOZ District rezonings consistent with the General Plan and specifically, the Housing Element.

2. Introduce 22 ordinances approving Case Nos. P23-0607 and P23-0608, the two draft Municipal Code text amendments, and zoning unit maps provided in Attachments 1 and

2. BACKGROUND
The Housing Element is part of the City’s General Plan. It is a comprehensive statement of the City’s current and future housing needs and proposed actions to facilitate the provision of housing to meet those needs at all income levels. Regular updates to the Housing Element are

required by State law. The 6th Cycle Housing Element covers the planning period from 2023- 2031. On January 26, 2023, and again on June 20, 2023 (with revisions requested by the State), the City Council adopted the 2023-2031 Housing Element and took related actions. The State Department of Housing and Community Development (HCD) issued a letter of Substantial Compliance on August 25, 2023, an action commonly referred to as “certification” of the Housing Element. Thereafter, on September 19, 2023, the City Council readopted the Housing Element with the non-substantive revisions made in response to HCD comments prior to the August 25, 2023, certification.

The Housing Element includes several programs and policies requiring subsequent actions by the City for full implementation. Specifically, Programs 1.1 and 1.4 require the City to maintain the existing zoning of and also rezone (i.e., apply additional zoning districts) to appropriate areas/sites (housing opportunity sites) to allow residential uses to accommodate Pleasanton’s share of the regional housing need for all income levels. Because the City’s Housing Element was not certified until August, 2023, state law requires the necessary rezoning to be enacted no later than January 31, 2024.

In addition to the rezoning required generally for housing opportunity sites, more specific requirements must be met, pursuant to state law, for the housing opportunity sites identified in the Housing Element as accommodating Pleasanton’s share of the lower-income Regional Housing Need Allocation (RHNA). The zoning for such sites must:
• Allow for a minimum density of at least 30 units per acre and have the capacity to accommodate at least 16 units
• Permit owner-occupied and rental multi-family uses by right (per Cal. Government Code §65583.2(h) and (i)) for developments in which 20 percent or more of the units are affordable to lower-income households
• Allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area for a new construction mixed-use project or occupy at least 50 percent of the new floor area proposed on a housing opportunity site with pre-existing commercial/office floor area to be preserved as part of the project (per Cal. Government Code §65852.24(k).

To rezone the housing opportunity sites described above and specific to those housing opportunity sites adopted by the City Council with the Housing Element2, included in the requested actions described in this report the City proposes to create the HOZ zoning district within the PMC. See Attachment 1, Exhibit A which outlines the parameters of the proposed HOZ district. Development on all of the Housing Element housing opportunity sites is subject to the City’s recently adopted Objective Design Standards for Housing Sites (as adopted in January 2023 and amended in May 2023 by Res. No. 23-1386). Accordingly, another Housing Element implementation task includes the establishment of a Housing Site Compliance review process to provide applicants and staff with specific guidance regarding the application of the ODS on the submittal/review of development projects on those housing opportunity sites. The codification of this review process within the PMC is included in the requested actions described in this report. See Attachment 1, Exhibit B which outlines the parameters of the proposed Housing Site Compliance review process.

Twenty-one housing opportunity sites (including 20 new sites included in the 6th Cycle

Housing Element, and one “carryover” site from the 5th Cycle Housing Element - the BART parking lot) are subject to the proposed HOZ rezonings. All new and carryover sites listed in the ODS and Housing Element are also subject to the Housing Site Compliance review process described in this report. Table 1 below provides a full list of the 21 housing opportunity sites, the existing zoning for each site, and the proposed zoning for each site. See Attachment 2 (DRAFT zoning unit maps), which provides the specific location of each housing opportunity site.

Table 1: Housing Opportunity Sites

DISCUSSION
HOZ District and Applicability
The Housing Element includes the City’s recently adopted housing goals, policies, and programs. These are a key component of the Housing Element, representing the City’s proposed “housing plan” with a focus on actionable steps and measures the City will undertake to increase affordable housing, as well as preserve and improve existing housing.

The Housing Element outlines seven main goals with a set of policies and programs provided under each goal. The policies help to guide and inform future City decision-making and direction with respect to a broad range of housing-related topics, and the programs provide actionable steps to implement the Housing Element’s goals and to make further progress

towards meeting the regional housing need allocation. Timeframes and responsibilities for each program are also provided in the Housing Element.

As described above, Programs 1.1 and 1.4 include some of those actionable steps to implement the Housing Element’s goals. Specifically, these programs require the City to maintain the existing zoning of sites already zoned for residential use, and also to rezone (i.e., apply additional zoning districts) the adopted housing opportunity sites, which, in addition to allowing their existing permitted and conditionally permitted uses, would also allow residential uses. The allowable density ranges and other relevant development standards are provided in the Housing Element and the ODS, and collectively would govern future residential development on the housing opportunity sites. More specific regulatory requirements for sites identified having the potential to meet the City’s lower-income RHNA are also included, consistent with the bullet points listed above.

Accordingly, the proposed creation of an HOZ District in the PMC and applying that District to each of the 21 adopted housing opportunity sites would be consistent with and complete the actionable steps outlined in Housing Element Programs 1.1 and 1.4.

Staff notes that with the adoption of the Housing Element by the City Council, each of the 21 housing opportunity sites had its General Plan land use designations amended to reflect that residential uses on the site would be consistent with the Housing Element and the City’s General Plan as a whole. The General Plan land use map was also similarly amended at that time. These amendments are described and reflected as a “Housing Element Sites Overlay” (HESO) for the various housing opportunity sites.Upon approval of these applications, the City’s zoning map would similarly be amended to reflect the “HOZ District” for each of the 21 housing opportunity sites. The existing zoning district for each site would continue to be reflected and the provisions of those districts would remain in effect.

Note that a key element of the new HOZ is codification of specific requirements with respect to inclusionary housing (i.e., the affordable units that must be provided as part of any market-rate housing project). Inclusionary requirements were adopted as part of the ODS, also based on objective standards. The HOZ codifies these provisions, including a specified mix for inclusionary units in terms of affordability levels, bedroom counts, and minimum square footage. The HOZ incorporates other parameters, such as addressing circumstances in which units may be clustered within a project; and for determining the acceptability of proposals for alternative compliance with the inclusionary requirements. The HOZ’s requirements with respect to affordable housing on these sites would generally supersede any conflicting provisions of the existing Inclusionary Zoning Ordinance (IZO), unless otherwise specified in the HOZ; although, it is noted that the administrative provisions and several other key requirements (such as maintaining affordability in perpetuity), timing of construction; and comparability of units in terms of materials/appearance and amenities among others, have been carried over from the IZO into the HOZ. (Note: The inclusionary percentage (i.e., proportion of affordable units required) is consistent with that included in Chapter 17.44. The City will be undertaking a more comprehensive update of the IZO in 2024, which among other aspects will integrate greater objectivity into its requirements, and complete the necessary analysis to support any potential revision to the inclusionary percentage and/or affordable housing fee.)

Housing Site Compliance Review
Another key actionable step toward implementing the goals of the Housing Element is the establishment of a Housing Site Compliance review process to streamline the submittal and review of residential development applications for all housing opportunity sites. While this process was established in the ODS adopted by Resolution 23-1386 on May 2, 2023, it is not codified in the PMC. As detailed in Attachment 1, Exhibit B, the process outlines the specific application submittal requirements and anticipated review/processing timelines for applicants and will enable staff to provide specific guidance on the submittal/review of development applications/projects, reducing incomplete application submittals. As identified in the ODS and previously discussed with the City Council, the process also allows for tiered levels of review, with smaller projects (up to 50 units) subject to compliance review and approval by the Zoning Administrator; and larger projects (51 units and larger) requiring Planning Commission compliance review. Under the Housing Site Compliance review process, projects would be subject to review against standards set forth in the ODS, related environmental mitigation measure(s), and other applicable objective standards established by the City (in place at the time of project application).

PLANNING COMMISSION ACTION
The Planning Commission held a public hearing on November 8, 2023, to review and provide a recommendation to the City Council on the proposed actions (see Attachment 3). The Planning Commission unanimously recommended approval to the City Council. Approximately six members of the public spoke, mostly to voice concerns about some of the selected housing opportunity sites and the planned densities on those sites. Two residents from the Valencia residential development within Hacienda spoke about certain fees that their parcels are required to pay to the Hacienda Owners Association. Those residents asked that the HOZ sites in Hacienda not be subject to these fees and that Valencia be de-annexed from Hacienda so that they would not be subject to such fees. However, the referenced fees arise from private agreements when Hacienda was originally developed (i.e., are not assessed by the City), when Valencia was built. The City does not have authority to change those private agreements or de-annex properties from Hacienda.

EQUITY AND SUSTAINABILITY
The actions directly implement the Housing Element, a key goal of which is to increase housing opportunities, including opportunities for housing affordable to lower- and middle- income residents – both through inclusionary requirements, and creating more opportunities for partnerships with housing developers. The ordinances would add more stringent requirements with respect to required inclusionary housing, including establishing specific affordability levels. Housing that is available and affordable to all segments of the population creates a more equitable community, and socio-economic diversity among residents.

This action also advances the sustainability goals of CAP 2.0, Strategy TLU-3, to advance sustainable land use, and supporting Action E6, which calls for the City to implement the Housing Element, aiming to achieve a balance between jobs and housing, including encouraging transit-oriented development near BART, along transportation corridors and near employment hubs.

OUTREACH
Notice of this meeting was sent to property owners and tenants/occupants within 1,000-feet of

all 21 housing opportunity sites as shown in Attachment 4. At the time of this report’s publication, staff has not received any public comments. Public comments received after publication of this report will be forwarded to the City Council. Extensive public outreach was conducted throughout the Housing Element process, including over 40 public meetings and hearings, several of which were focused on developing and selecting the list of sites for inclusion in the Housing Element. The development and adoption of the ODS also occurred over the course of several public meetings and hearings with the Planning Commission and the City Council. Due to the multitude of sites considered during the process, and numerous meetings at which sites were discussed, the City relied on broader public noticing, consistent with legal requirements, including newspaper notices. Outreach was also conducted via social media and through an interested parties email list, and direct mailing to the owners of affected properties.

STRATEGIC PLAN ALIGNMENT
Approval of this action advances the strategic goal of Building a Community Where Everyone Belongs from the recently approved ONE Pleasanton Strategic Plan. It directly supports Strategy 6 under this goal - Implement the Housing Element, by rezoning multiple sites that could yield several new housing projects that include a wide variety of housing types, and result in the construction of new residential units available across all affordability levels. The action also establishes a review process to streamline the review of potential new projects which will facilitate housing production.

FISCAL IMPACT
There is no direct fiscal impact associated with the proposed actions. New development resulting from the proposed actions would be responsible for the payment of current development impact fees, and for the costs of any required utility or infrastructure improvements, as well as meeting the applicable requirements of PMC and Objective Design Standards with respect to housing. Projects would incrementally increase the demand for City services but would also add property tax revenue, as well as help proportionally fund City infrastructure improvements.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City prepared a Program Environmental Impact Report (Program EIR) for the 6th Cycle Housing Element (SCH 2022040091), which was certified by the City Council on January 26, 2023. The Program EIR fully analyzed the impacts of the Housing Element, including development of housing on each of the housing opportunity sites subject to the proposed rezonings, at the densities allowed for specific sites by the HOZ; the Program EIR also identifies various mitigation measures to address those impacts. The EIR also contemplates the re-zoning actions called for by Programs 1.1 and 1.4. Therefore, the proposed implementation of Housing Element Programs 1.1 and 1.4 by the proposed actions described in this report are within the scope of the project analyzed in the Program EIR, and no further CEQA review is necessary.

SUMMARY/CONCLUSION
The proposed actions would successfully implement policies of the recently adopted Housing Element within State-mandated timelines and would align the zoning for all twenty-one housing sites with the General Plan Land Use Designations for each of the opportunity sites as specified in the Housing Element. The proposed PMC amendments would codify the Housing

Sites Compliance review process as set forth in the ODS and called for by the Housing Element, in addition to clarifying and strengthening the requirement with respect to provision of affordable housing units within market-rate projects.

Prepared by: Submitted by: Approved by:

Eric Luchini, Senior Planner Ellen Clark, Director of Community Development

Gerry Beaudin, City
Manager

Attachments:

1. Draft ordinance approving Municipal Code Amendments to: (1) create an HOZ District with twenty-one housing opportunity sites list; and

2. Twenty-one draft ordinances rezoning each of the twenty-one housing opportunity sites identified in the Housing Element to the HOZ dist

3. Planning Commission agenda report dated November 8, 2023 (without attachments)

4. Location and Notification Maps

ORDINANCE NO.

A

N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADOPTING MUNICIPAL CODE AMENDMENTS TO: (1) CREATE A HOUSING OPPORTUNITY ZONE DISTRICT; AND (2) CREATE THE OBJECTIVE DESIGN STANDARDS

HOUSING SITES COMPLIANCE REVIEW PROCESS FOR THE APPLICATION BY THE CITY OF PLEASANTON AS FILED UNDER CASE NO. P23-0607
W
HEREAS, subsequent to certification of the City’s 2023-2031 ( 6th Cycle) Housing Element by the State Department of Housing and Community Development on August 25, 2023, and readoption of the Housing Element by City Council on September 19, 2023, the City initiated:
(1)
a
Municipal Code Amendment to create a Housing Opportunity Zone (HOZ) District; (2) a M
unicipal Code Amendment codifying the Objective Design Standards (ODS) Housing Site Compliance Review process; and (3) rezoning of twenty-one housing opportunity sites identified in the Housing Element to this HOZ District (collectively the “Project”); and W HEREAS, on January 26, 2023, with adoption of Resolution No. 23 -1359, the twenty- one housing opportunity sites shown in Exhibit A were designated Mixed Use and Mixed Use Business Park/Housing Element Sites Overlay (HESO), Public Health and Safety/HESO, Public Health and Safety and Low Density/HESO; Public Health and Safety and Low Density and Agriculture and Grazing/HESO, Commercial/HESO, Commercial and Mixed Use/HESO, Business Park/HESO, Medium Density/HESO, Public and Institutional/HESO, General and Limited Industrial/HESO, Low Density/HESO, and Schools/HESO in the General Plan; and W
HEREAS, the twenty-one housing opportunity sites are variously designated PUD -MU (Planned Unit Development - Mixed Use), Prezoned-A (Prezoned Agriculture), Unincorporated, C-R(m) (Regional Commercial -main), C -R(m) and PUD -MU (Regional Commercial- main and Planned Unit Development -Mixed Use), PUD- I/C-O (Planned Unit Development - Industrial/Commercial-Office), C-F (Freeway Commercial, PUD- C (Planned Unit Development - Commercial), A (Agriculture), P (Public), I -G-40 (General Industrial- 40,000 sq. ft. minimum lot size), S (Study), I-P (Industrial Park), and PUD-Elementary School (Planned Unit Development- Elementary School) Districts on the City’s zoning map; and W
HEREAS, the City prepared a Program Environmental Impact Report (Program EIR) for the 2023-2031 (6th Cycle) Housing Element (SCH 2022040091), which was certified by the City Council on January 26, 2023, by Resolution No. 23- 1357. The Program EIR fully analyzed the impacts of the Housing Element, including development of housing on each of the housing opportunity sites subject to the proposed rezonings, and identifies various mitigation measures to address those impacts. The Program EIR also contemplates the re- zoning actions called for by Programs 1.1 and 1.4. Therefore, the proposed implementation of Housing Element Programs

1.1 and 1.4 are within the scope of the project analyzed in the Program EIR, and no further CEQA review is necessary; and
WHEREAS, at its duly noticed public meeting of November 8, 2023, the Planning Commission considered the written agenda report, all public testimony, relevant exhibits, and staff recommendations, and adopted Resolution PC -2023-17, unanimously recommending the City Council adopt a Municipal Code Amendment to create a HOZ District, as shown in Exhibit A, and create a ODS Housing Sites Compliance review process, as shown in Exhibit B; and W
HEREAS, at its duly noticed public meeting of December 5, 2023, the City Council received the HOZ District Municipal Code Amendment and the ODS Housing Sites Compliance review process, considered the written agenda report, all public testimony, relevant exhibits, and recommendations of the Planning Commission and staff.

Attachment 1

Ordinance No.

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

SECTION 1. The City Council finds that the adoption of the municipal code amendments to create HOZ District and ODS Housing Site Compliance review process implement and are consistent with the goals and policies examined in the 2023- 2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. Approves Case No. P23-0607, the application of the City of Pleasanton for adoption of a Municipal Code Amendment to: (1) create a HOZ District as shown in Exhibit A; and (2) create the ODS Housing Site Compliance review process as shown in Exhibit B, attached hereto and made part of this case by reference.

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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

Municipal Code Amendment for Creation of a HOZ District and List of Housing Opportunity Sites

(Page intentionally left blank)

Ordinance No.

Chapter 18.38 HOZ HOUSING OPPORTUNITY ZONE DISTRICT
Article I. General Provisions

18.38.010 Title.

This chapter shall be called the “Housing Opportunity Zone (HOZ) District” ordinance of the City of Pleasanton. (Ord. XXXX § 1, 2023)

18.38.020 Purpose.

The purpose of this chapter is to enhance the public welfare and assure further housing development attains the city’s housing goals, including affordable housing, by increasing the production of residential units for all income levels. To assure the remaining developable land is utilized in a manner consistent with the city’s housing policies and needs, this HOZ District is created to allow new or expanded affordable housing development opportunities to all applicable parcels as specified in the City’s Housing Element of the General Plan. These new or expanded opportunities shall apply to both ownership and rental projects. (Ord. XXXX § 1, 2023)

18.38.030 Definitions.

For the purposes of this chapter, certain words and phrases shall be interpreted as set forth in this section unless it is apparent from the context that a different meaning is intended.
“Affordable housing fee.” The fee set forth in Chapter 17.40 paid to the city by an applicant for a project in lieu of providing the inclusionary units required by this chapter.
“Affordable housing proposal.” A proposal submitted by the project owner as part of the city development application (e.g., housing site compliance review, design review, planned unit development, etc.) stating the method by which the requirements of this chapter are proposed to be met. This information may be provided as part of an affordable housing agreement as provided in section

18.38.050.
“Applicant.” Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which seeks city permits and approvals for a project.
“City.” The City of Pleasanton or its designee or any entity with which the city contracts to administer this chapter.
“HUD.” The United States Department of Housing and Urban Development or its successor.
“Household.” One person living alone; or two or more persons sharing residency whose income is considered for housing payments.
“Income levels”:
a. “Household, low income.” A household whose annual income is more than 50 percent but does not exceed 80 percent of the area median income (AMI) for San Francisco-Oakland-Fremont Metropolitan Statistical Area, based upon the annual income figures provided by HUD, as adjusted for household size.

Ordinance No.

b. “Household, moderate income.” A household whose annual income is more than 80 percent but does not exceed 120 percent of the area median income (AMI) for San Francisco-Oakland-Fremont Metropolitan Statistical Area, based upon the annual income figures provided by HUD, as adjusted for household size.
c. “Household, very low income.” A household whose annual income does not exceed 50 percent of the area median income (AMI) for San Francisco- Oakland-Fremont Metropolitan Statistical Area, based upon the annual income figures provided by HUD, as adjusted for household size. “Inclusionary unit.” A dwelling unit as required by this chapter which is rented or sold at affordable rents and/or affordable sales prices (as defined by this chapter) to very-low-, low-, or moderate-income households.
“Income.” The gross annual household income as defined by HUD. “Life of the inclusionary unit.” The term during which the affordability provisions for inclusionary units shall remain applicable. The affordability provisions for inclusionary units shall apply in perpetuity from the date of occupancy, which shall be the date the City performs final inspection for the building permit. “Living Area.” The gross area of all floors of a residential structure excluding:
basement or cellar areas used for storage only; space used for off-street parking (i.e., garages) or loading, steps, patios, decks, terraces, porches, and exterior balconies, if not enclosed on more than three sides.
“Median income for San Francisco-Oakland-Fremont Metropolitan Statistical Area.” The median gross annual income in San Francisco-Oakland-Fremont Metropolitan Statistical Area as determined by HUD, adjusted for household size. “Ownership units.” Inclusionary units developed as part of a residential development which the applicant intends to be sold, or which are customarily offered for individual sale.
“Project.” A residential housing development at one location or site including all dwelling units for which permits have been applied for or approved. “Project owner.” Any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities which holds fee title to the land on which the project is located.
“Property owner.” The owner of an inclusionary unit, excepting a “project owner.” “Rental units”: Inclusionary units which the applicant intends to be rented or leased, or which are customarily offered for lease or rent.
“Resale restrictions.” Legal restrictions which restrict the price of inclusionary units to ensure that they remain affordable to very low-, low-, and moderate-income households on resale.
“Residential project, multiple-family.” A residential project consisting of condominiums, apartments, and similar dwellings attached in groups of four or more units per structure and including multiple units located on a single parcel of land under common ownership.

Ordinance No.

“Residential project, single-family.” A residential project consisting of detached and attached single-family homes, including paired single-family, duets, duplexes, townhomes, and similar unit types where each unit is located on a separate parcel of land.
“Unit type.” Various dwelling units within a project which are distinguished by number of bedrooms and/or the type of construction (e.g., detached single-family, duets, townhomes, condominiums). (Ord. XXXX § 1, 2023)
Article II. Requirements

18.38.040 General applicability and development standards.

A. General applicability.

1. Parcels shall be identified in the City’s Housing Element as a housing opportunity site, meaning sites designated in the Housing Element to be zoned to allow residential development or mixed-use (i.e. mixed residential and non-residential use, whether in the same building or on the same site) and designated in the General Plan Land Use Map as Housing Element Overlay.

2. Parcels identified in the Housing Element as accommodating the City’s share of the lower income Regional Housing Needs Allocation, including the following housing opportunity sites, identified with reference to the 2023-2031 6 th Cycle Housing Element, as follows: Site 2 – Stoneridge Shopping Center; Site 5 – Laborer’s Council; Site 6 – Signature Center; Site 7 – Hacienda Terrace; Site 9 – Metro 580; Site 12 – Pimlico Area (North Side); Site 20 – Boulder Street; Site 21a (Kiewit High Density); Site 23 – Sunol Boulevard; Site 29 – Oracle; and the Dublin/Pleasanton BART Station parking lot. These sites shall:
a. Permit owner-occupied and/or rental single-family and/or multi-family uses by right pursuant to Cal. Government Code §65583.2(h). and (i) for projects with affordable housing proposals in which 20 percent or more of the units are affordable to lower-income households.
b. Be allowed 100 percent residential uses regardless of any other applicable zoning district’s permitted and conditionally permitted uses for the site; and
c. Have all residential uses either: (1) occupy at least 50 percent of the floor area for a new construction mixed-use project; or (2) occupy at least 50 percent of the new floor area proposed on a housing opportunity site with pre-existing commercial/office floor area to be preserved as part of the project. In no case shall the provisions of this District preclude a commercial/office project with no residential uses, assuming those uses are allowed by the base zoning, to be proposed on a housing opportunity site. (Ord. XXXX § 1, 2023)

Ordinance No.

B. Development Standards.

1. Non-residential uses, including modification and expansion of existing uses, shall be permitted and conditionally permitted as specified in the underlying zoning district, the City’s Objective Design Standards (ODS) and/or applicable provisions of this title thereto.

2. Residential uses shall be allowed consistent with the densities set forth on a site-specific basis in the Housing Element and the City’s Objective Design Standards, and the applicable development standards as specified in the City’s Objective Design Standards and/or applicable provisions of this title thereto.

18.38.045 Inclusionary unit provisions and specifications.

A. Required Inclusionary Units

1. For all new multiple-family residential projects of 15 units or more, at least 15 percent of the project’s dwelling units shall be affordable as provided in this chapter.

2. For all new single-family residential projects of 15 units or more, at least 20 percent of the project’s dwelling units shall be affordable as provided in this chapter.

3. For all new mixed-use projects with 15 residential units or more, at least 15 percent of the project’s dwelling units shall be affordable as provided in this chapter.

4. Any commercial, office or industrial development will be subject to the affordable housing fee set forth in Chapter 17.40 or may provide inclusionary housing as provided in 17.44.040.B.

5. The percentage of inclusionary units required for a particular project shall be determined only once on a given project, at the time of tentative map approval, or, for projects not processing a map, prior to issuance of building permit. If the subdivision design changes, which results in a change in the number of unit types required, the number of inclusionary units required shall be recalculated to coincide with the final approved project. In applying and calculating the 15 percent requirement, any decimal fraction less than or equal to 0.50 may be disregarded, and any decimal fraction greater than 0.50 shall be construed as one unit.

B. Rental Units. For rental units, the following affordability mix shall be met among the required inclusionary units:

1. A minimum of 25 percent of inclusionary units shall have rents set at no more than 30% of 50% Area Median Income (AMI) for households with incomes up to 50% AMI (Very Low-Income Units)

2. A minimum of 25 percent of inclusionary units shall have rent set at no more than 30% of 60% AMI for households with incomes of 51% to 60% AMI (Low-Income Units)

Ordinance No.

3. No more than 50 percent of inclusionary units shall have rent set at no more than 30% of 80% AMI for households with incomes of 61% to 80% AMI (Low-Income units)
C. Ownership Units. For affordable ownership units, initial sales prices shall be set at the following limits to result in a monthly mortgage payment (principal and interest) which does not exceed one-twelfth of 35% of the stated AMI, for household size per Subsection F, below:

1. 1 bedroom units to be restricted at 100% AMI

2. 2 bedroom condominium units to be restricted at 100% AMI

3. 2 bedroom townhome units/single-family units AND 3 bedroom and larger units to be restricted at 120%AMl
D. Bedroom Mix. For each project, a minimum of 10% of the total inclusionary units will be three-bedroom units; a minimum of 45% of the total inclusionary units will be two-bedroom units; and the remaining inclusionary units will be studio or one-bedroom units except that no more than 10% of the units may be studios. This requirement shall not apply to age-restricted senior housing or single-family projects.

E. M inimum Size . Inclusionary units may be of smaller size than the market rate units in the project, subject to the following limitations: the living area of ownership units may be up to 50% smaller than the size of the average market rate unit in the project; for rental units the living area of each unit shall be as follows: (i) a studio shall be at least 700 square feet, (ii) a one-bedroom unit shall be at least 850 square feet, (iii) a two-bedroom unit shall be at least 1,000 square feet, (iv) a three bedroom unit shall be at least 1,250 square feet, and (v) for units with more than 3 bedrooms an additional 250 square feet for each additional bedroom.

F. H
ousehold Size. For the purposes of calculating affordable rental or affordable sales price of an inclusionary units, the following household size assumptions shall be used for each applicable dwelling unit types:

Unit Size HUD Household Size
Studio units 1 person
1 bedroom unit 2 persons
2 bedroom unit 3 persons
3 bedroom unit 4 persons
4 or more bedroom unit 5 or more persons

G. Materials. Inclusionary units shall be constructed with identical exterior materials and an exterior architectural design that is consistent with the market rate units in the project.

H. C
onstruction timing. All inclusionary units in a project shall be constructed concurrently with or prior to the construction of the project’s market rate units.

Ordinance No.

I. Accessory Units. Accessory dwelling units and junior accessory dwelling units shall not count towards meeting inclusionary requirements.

J. P rojects with different unit types . For those projects with both market rate units and inclusionary units:
a. Inclusionary units shall be dispersed throughout the project so as not to concentrate inclusionary units in a specific geographic area (including a floor) of the project.
i. For a project where the market rate units are proposed to be detached single-family homes, it is permitted for the inclusionary units be paired single-family, duets, duplexes, or townhomes. In such case, the townhomes can be concentrated in one or more areas of the project. The residents of both the market rate and the inclusionary units must be provided equivalent project amenities. ii. For a project where the market rate units are proposed to be attached or detached single-family homes, duets, or duplexes, it is permitted for the inclusionary units to be ownership condominiums or rental apartments. In such case, and where the number of inclusionary unis exceed 15 units, the condominiums or apartments can be concentrated in an area of the project. The residents of both the market rate and the inclusionary units must be provided equivalent project amenities.

K. Requirements. The affordability requirements are as set forth in this chapter and the applicable Objective Design Standards (ODS); and for sites for which there are no ODS, then the requirements in Chapter 17.44. In the event of any conflict, the more restrictive provisions that provide more inclusionary units and deeper affordability shall apply.

L. P
erpetuity . Inclusionary units shall remain affordable in perpetuity through the recordation of an affordable housing agreement described in Section

18.38.050 of this chapter.

M. E
ligibility . The city’s adopted preference and priority system shall be used for determining eligibility among prospective beneficiaries for affordable housing units created by this chapter, unless superseded by federal or state law.

18.38.050 Affordable housing agreement.

All projects subject to this chapter shall enter into an affordable housing agreement. The agreement shall record the method and terms by which a project owner shall comply with the requirements of this chapter or by alternatives as generally provided in Cal.

Government Code section 65850(g) acceptable in the determination of the City based on analysis of equivalent financial value; which analysis may be required by the City to be done by a third party at the owner’s expense. The approval and/or recordation of this agreement shall take place prior to final map approval or, where a map is not being processed, prior to the issuance of building permits for such lots or units.

Ordinance No.

The affordable housing agreement shall state the methodology for determining a unit’s initial and ongoing rent or sales and resale price(s), any resale restrictions, occupancy requirements, eligibility requirements, city incentives including second mortgages, recapture mechanisms, the administrative process for monitoring unit management to assure ongoing affordability and other matters related to the development and retention of the inclusionary units.

In addition to the above, the affordable housing agreement shall set forth any waiver of the affordable housing fee. For projects which meet the affordability threshold with very low and/or low-income units, all units in the project shall be eligible for a waiver of the affordable housing fee. For single-family residential projects which meet the affordability threshold with moderate income units, or multiple-family residential projects which do not meet the affordability threshold, only the inclusionary units shall be eligible for a waiver of the affordable housing fee.

To assure affordability of the unit in perpetuity, the affordable housing agreement shall be recorded with the property deed or other method approved by the city attorney. (Ord.

XXXX § 1, 2023)
Article III. Miscellaneous

18.38.060 Administration.

Approval of residential projects within the district shall be as specified in this Title, which may include, but is not limited to, a housing site compliance review pursuant to Chapter

18.22, subdivision map, etc. An applicant of a project subject to this chapter shall submit an affordable housing proposal stating the method by which it will meet the requirements of this chapter. The affordable housing proposal shall be submitted as part of the applicant’s city development application to the planning division in a form approved by the director of community development or designee.

The affordable housing proposal shall be reviewed by the city’s commission with purview over affordable housing agreements at a properly noticed meeting open to the public. The commission shall make recommendations to the city council either accepting, rejecting or modifying the developer’s proposal and the utilization of any incentives described in section 17.44.070 and Housing Element Policy 2.6. The commission may also make recommendations to the city council regarding the project as necessary to assure conformance with this chapter.

Acceptance of the applicant’s affordable housing proposal is subject to approval by the city council, which may direct the city manager to execute an affordable housing agreement in a form approved by the city attorney. The city manager or his or her designee shall be responsible for monitoring the sale, occupancy and resale of inclusionary units. (Ord. XXXX § 1, 2023)

18.38.070 Enforcement.

A. In the event of conflict between this chapter and Chapters 17.40 or 17.44, or other adopted city requirement, the more specific provision shall prevail.

Ordinance No.

B. The city manager is designated as the enforcing authority. The city manager may suspend or revoke any building permit or approval upon finding a violation of any provision of this chapter. The provisions of this chapter shall apply to all agents, successors and assigns of an applicant. No building permit or final inspection shall be issued, nor any development approval be granted which does not meet the requirements of this chapter. (Ord. XXXX § 1, 2023)

18.30.080 Appeals.

Any person aggrieved by any action or determination of the city manager under this chapter, may appeal such action or determination to the city council in the manner provided in Chapter 18.144 of this code. (Ord. XXXX § 1, 2023)

Ordinance No.

Ordinance No.

EXHIBIT B

Municipal Code Amendment for Creation of the
Housing Site Compliance Review process

(Page intentionally left blank)

Ordinance No.

Chapter 18.22 HOUSING SITE COMPLIANCE REVIEW
Article I. General Provisions

18.22.010 Title.

This chapter shall be called the “Housing Site Compliance Review” ordinance of the City of Pleasanton. (Ord. XXXX § 1, 2023)

18.22.020 Purpose.

The Objective Design Standards and Guidelines, adopted by Resolution No. 23-1386 (2023 ODS), as amended, are to be used to review both single-family and/or multi-family ownership and/or rental residential development projects on housing opportunity sites designated and/or rezoned as part of the 2023-2031 (6th Cycle) Housing Element (“housing opportunity sites”) of the General Plan. The 2023 ODS are intended to provide direction to developers and property owners regarding development standards, site design and circulation, and architectural features, with the goal of ensuring all new housing opportunity site residential development is compatible with Pleasanton’s existing high-quality neighborhoods.
(Ord. XXXX § 1, 2023)

18.22.030 Projects subject to housing site compliance review.

In order to ensure compliance with the 2023 ODS, the following project types on housing opportunity sites shall be subject to housing site compliance review:

A. The planning commission shall consider and render a decision regarding whether a housing opportunity site project complies with the 2023 ODS, any related environmental mitigation measure(s), and City objective standards which were in place when an application for the site was received for projects including 51 or more residential units.

B. T he zoning administrator shall consider and render a decision regarding whether a housing opportunity site project complies with the 2023 ODS, any related environmental mitigation measure(s), and City objective standards which were in place when an application for the site was received for projects up to 50 residential units. (Ord. XXXX § 1, 2023)

18.22.040 Powers – Duties.

The planning commission or zoning administrator shall have the following powers and duties:

A. In making decisions, approve, approve with modifications or conditions, or deny an application for a housing opportunity site in compliance with the 2023 ODS, any related environmental mitigation measure(s), and City objective standards which were in place when the application was received.

B. Require such improvements, either on or off site, which are reasonably related to the project for a housing opportunity site which are necessary in order to mitigate adverse environmental effects disclosed in an environmental assessment, negative declaration, EIR/EIS, etc., in compliance with the 2023 ODS, and City objective standards which were in place when the application was received. (Ord. XXXX § 1, 2023)

Ordinance No.

18.22.050 Scope of Review.

The planning commission or zoning administrator shall review site plans, landscape plans, building architecture and such other plans and reports (grading plans, EIR/negative declarations, etc.) as may be required and within requisite submittal requirements/timeframes specified by State Law, as applicable (e.g., applications submitted under SB 35 (2017), SB 330 (2019), etc.), to ensure projects for a housing opportunity site shall comply with all requirements of the 2023 ODS, any related environmental mitigation measure(s), City objective standards which were in place when the application was received, and any other pertinent factual information. (Ord.

XXXX § 1, 2023)

18.22.060 Procedures.

A. An applicant submitting a project for a housing opportunity site subject to housing site compliance review shall submit all required materials to the planning division. The planning division shall review the required materials for completeness. The planning division shall indicate to the applicant if any additional information is needed, if the plans require revisions, or if a review under the California Environmental Quality Act (CEQA) is needed within timelines specified by State Law.

B. Once an application is deemed complete, surrounding property owners and residents within 1,000 feet of the project site will be mailed notice by the planning division of the proposed zoning administrator action, or of the planning commission meeting, as applicable. On-site project notification shall also be required, in conformance with the City’s adopted policy
, with such notification the responsibility of
the applicant to install within a time frame specified by the planning division.

C. In the case of projects subject to zoning administrator compliance review, if, within seven (7) days of mailing the above-referenced notice, the zoning administrator receives a request for hearing, the zoning administrator shall schedule an administrative hearing within the time frame established by State Law. The zoning administrator’s decision shall be made either administratively, if no hearing is requested, or during the administrative hearing.

D. In the case of projects subject to planning commission compliance review, the planning commission meeting shall be scheduled within the time frame established by State Law. The planning commission’s decision shall be made during the meeting.

E. The zoning administrator or planning commission, as specified, shall approve the project if it complies with: a) the requirements of the 2023 ODS and any other applicable objective standards established with adopted City plans and documents which were in place when the application was received; and b) any applicable mitigation measure(s) of any applicable environmental document(s).

If the project does not comply, conditions may be imposed to achieve compliance, or the project may be denied. Such conditions or denial shall be subject to the limitations of State Law, including, but not limited to, Government Code Section 65589.5. Once a decision is rendered, the applicant shall be informed in writing along with any conditions attached to the approval. (Ord. XXXX § 1, 2023)

Ordinance No.

18.22.070 Effective date of decision.

A. Within five days of the date of the zoning administrator’s or planning commission’s decision on a project subject to housing site compliance review, the secretary shall transmit written notice of the decision to the planning commission and/or city council, and the applicant. Unless a timely appeal is filed as provided in Section 18.22.080 of this chapter, or unless the planning commission and/or the city council elects to review the decision of the zoning administrator, the decision shall be effective on the later of the following:

1. The day following the first meeting of the city council after the city council has received notice of the decision; or

2. The day after the expiration of the appeal period.

B. Unless a timely appeal is filed as provided in Section 18.22.090 of this chapter, the decision of the zoning administrator or planning commission shall be effective at the expiration of the appeal period. (Ord. XXXX § 1, 2023)

18.22.080 Appeals or reviews.

Unless otherwise prohibited by state law, appeals or reviews shall be as follows:

A. Any appeal or review pursuant to actions made by the zoning administrator and/or planning commission pursuant to this chapter shall follow the timelines and administrative procedures outlined in Section 18.144.020 of this title.

B. Any party may appeal and/or any member of the city council may review any decision of the zoning administrator and/or planning commission to the city council.

C. Any party may appeal an action of the zoning administrator to the planning commission. Any appeal to the planning commission may be further appealed to the city council. Any member of the planning commission and/or city council may review an action of the zoning administrator to the planning commission or the city council, respectively. Appeals to or reviews by the planning commission or city council shall be governed by this title as if the appeal or review of the zoning administrator’s action were a new application before the planning commission or city council. (Ord. XXXX § 1, 2023)

18.22.090 Lapse of approval.

Housing site compliance review shall lapse and shall be void one year following the effective date of approval, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion, or the applicant or the applicant’s successor has filed a request for approval of extension with the zoning administrator pursuant to the provisions of Section 18.12.030 of this title; or
unless otherwise provided by state law. (Ord. XXXX § 1, 2023)

ORDINANCE NO.

A

N ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 5835 AND 5859 OWENS DRIVE TO PUD-MU (PLANNED UNIT DEVELOPMENT – MIXED USE) /HOZ (HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608 WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and
WHEREAS, the City of Pleasanton has initiated the rezoning of 5835 and 5859 Owens Drive (the “Property”) from PUD-MU (Planned Unit Development – Mixed Use) District to PUD- MU (Planned Unit Development – Mixed Use)/HOZ (Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and
WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and
WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

NO

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

S
ECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

S
ECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 14.9 acres of 5835 and 5859 Owens Drive from PUD-MU (Planned Unit Development – Mixed Use) District to PUD-MU (Planned Unit Development – Mixed Use)/HOZ (Housing Opportunity Zone) Districts, with a requirement that a minimum of 555 residential units are developed at a minimum density of 75 dwelling units per acre, is hereby approved.

S
ECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Attachment 2

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of two sites totaling approximately 14.90
acres located at 5835 and 5859 Owens Drive from the
PUD-MU (Planned Unit Development – Mixed Use)
District to the PUD-MU/HOZ (Planned Unit
Development – Mixed Use/Housing Opportunity Zone)
Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 4400 BLACK AVENUE TO P/HOZ (PUBLIC/HOUSING OPPORTUNITY ZONE) DISTRICTS , AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4400 Black Avenue (the “Property”) from P (Public) District to the P/HOZ (Public/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implement s the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6
th Cycle) Housing Element Update Program
Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 2.62 acres of 4400 Black Avenue from P (Public) District to the P/HOZ (Public/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

Ordinance No.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of an approximately 2.62-acre site
located at 4400 Black Avenue from the
P (Public) District to the P/HOZ (Public/Housing
Opportunity Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY- INITIATED REZONING OF 3400 AND 3500 BOULDER STREET TO I-G-40/HOZ (GENERAL INDUSTRIAL/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 3400 and 3500 Boulder Street (the “Property”) from I-G-40 (General Industrial) District to the I -G-40/HOZ (General Industrial/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6
th Cycle) Housing Element Update Program
Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 9.46 acres of 3400 and 3500 Boulder Street from I-G-40 (General Industrial) District to the I -G-40/HOZ (General Industrial/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

Ordinance No.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of two sites totaling
approximately 9.46 acres located at
3400 and 3500 Boulder Street from the
I-G-40 (General Industrial) District to the
I-G-40/HOZ (General Industrial/Housing
Opportunity Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 4309 HACIENDA DRIVE TO PUD- I/C-O/HOZ (PLANNED UNIT DEVELOPMENT – INDUSTRIAL/COMMERCIAL- OFFICE/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23- 0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4309 Hacienda Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD -I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 2.00 of 16.35 acres of 4309 Hacienda Drive from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning approximately 2.00
acres of a 16.35-acre site
located at 4309 Hacienda
Drive from the PUD-I/C-O
(Planned Unit Development –
Industrial/Commercial-Office)
District to the PUD-I/C-O/HOZ
(Planned Unit Development –
Industrial/Commercial-
Office/Housing Opportunity
Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY- INITIATED REZONING OF 3 300 BUSCH ROAD, APN 946 125100809, AND APN 946 125103300 TO I -G-40/HOZ (GENERAL

INDUSTRIAL/HOUSING OPPORTUNITY ZONE) AND S/HOZ (STUDY/ HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 3 300 Busch Road, APN 946 125100809, and APN 946 125103300 (the “Property”) from I-G-40 (General Industrial) and S (Study) Districts to the I-G-40/HOZ (General Industrial/Housing Opportunity Zone) and S/HOZ (Study/ Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 7.55 of 49.07 acres of 3300 Busch Road, APN 946 125100809, and APN 946 125103300 from I-G-40 (General Industrial) and S (Study) Districts to the I -G-40/HOZ (General Industrial/Housing Opportunity Zone) and S/HOZ (Study/ Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of three sites totaling
approximately 7.55 of 49.07 acres
located at 3300 Busch Road and Valley
Avenue from the
I-G-40 (General Industrial) and S (Study)
Districts to the I-G-40/HOZ (General
Industrial/Housing Opportunity Zone)
and S/HOZ (Study/ Housing Opportunity
Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 4780 CHABOT DRIVE TO PUD-I/C- O/HOZ (PLANNED UNIT DEVELOPMENT – INDUSTRIAL/COMMERCIAL- OFFICE/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23- 0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4780 Chabot Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD -I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 1.39 acres of 4780 Chabot Drive from PUD- I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD-I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of one site
measuring approximately

1.39 acres located at 4780
Chabot Drive from the PUD-
I/C-O (Planned Unit
Development –
Industrial/Commercial-Office)
District to the PUD-I/C-O/HOZ
(Planned Unit Development –
Industrial/Commercial-
Office/Housing Opportunity
Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY- INITIATED REZONING OF 10807 AND 11033 DUBLIN CANYON ROAD, APN 941 250000300, AND APN 941 260000206 PRE-ZONED-A (PRE-ZONED – AGRICULTURE)/HOZ (HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 10807 and 11033 Dublin Canyon Road, APN 941 250000300, and APN 941 260000206 (the “Property”) from Pre-zoned- A (Pre-zoned – Agriculture) District to Pre-zoned-A (Pre -zoned – Agriculture)/HOZ ( Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 124.58 acres of 10807 and 11033 Dublin Canyon Road, APN 941 250000300, and APN 941 260000206 from Pre-zoned-A (Pre-zoned – Agriculture) District to Pre-zoned-A (Pre-zoned – Agriculture)/HOZ (Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of four sites
totaling approximately
124.58 acres located at
10807 and 11033 Dublin
Canyon Road and two
other non-addressed
parcels along Dublin
Canyon Road from the Pre-
zoned-A (Pre-zoned-
Agriculture) and
Unincorporated Districts to
the Pre-zoned PUD-OS-

A&G/OS-PH&S/LDR
(Planned Unit
Development-Open Space-
Agriculture & Grazing/Open
Space-Public Health &
Safety/Low Density
Residential)/HOZ (Housing
Opportunity Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 5724 W. LAS POSITAS DRIVE TO PUD-I/C-O/HOZ (PLANNED UNIT DEVELOPMENT – INDUSTRIAL/COMMERCIAL- OFFICE/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23- 0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 5724 W. Las Positas Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial- Office/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 4.86 acres of 5724 W. Las Positas Drive from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning one approximately

4.86-acre site located at 5724
W. Las Positas Drive from
the PUD-I/C-O (Planned Unit
Development –
Industrial/Commercial-Office)
District to the PUD-I/C-O/HOZ
(Planned Unit Development –
Industrial/Commercial-
Office/Housing Opportunity
Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 4131 AND 4141 FOOTHILL ROAD, APN 941 095000312, AND APN 941 095000311 TO PRE -ZONED PUD- LDR/HOZ (PLANNED UNIT DEVELOPMENT – LOW DENSITY RESIDENTIAL/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4131 and 4141 Foothill Road, APN 941 095000312, and APN 941 095000311 (the “Property”) from Unincorporated to Pre-zoned PUD -LDR/HOZ (Planned Unit Development – Low Density Residential/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 46.3 acres of 4131 and 4141 Foothill Road, APN 941 095000312, and APN 941 095000311 from Unincorporated to Pre -zoned PUD - LDR/HOZ (Planned Unit Development – Low Density Residential/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of four sites totaling
approximately 46.3 acres located at 4131
and 4141 Foothill Road from
Unincorporated to Pre-zoned PUD-
LDR/HOZ (Planned Unit Development –
Low Density Residential/Housing
Opportunity Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 4515 ROSEWOOD DRIVE TO PUD- I/C-O/HOZ (PLANNED UNIT DEVELOPMENT – INDUSTRIAL/COMMERCIAL- OFFICE/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23- 0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4515 Rosewood Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial- Office/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 5.00 of 15.51 acres of 4515 Rosewood Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial- Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial- Office/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning approximately 5.00
acres of a 15.51-acre site
located at 4515 Rosewood
Drive from the PUD-I/C-O
(Planned Unit Development –
Industrial/Commercial-Office)
District to the PUD-I/C-O/HOZ
(Planned Unit Development –
Industrial/Commercial-
Office/Housing Opportunity
Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY-INITIATED REZONING OF 5805 OWENS DRIVE TO PUD-I/C- O/HOZ (PLANNED UNIT DEVELOPMENT – INDUSTRIAL/COMMERCIAL- OFFICE/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23- 0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 5805 Owens Drive (the “Property”) from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD -I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 3 .00 of 20.61 acres of 5805 Owens Drive from PUD-I/C-O (Planned Unit Development – Industrial/Commercial-Office) District to the PUD- I/C-O/HOZ (Planned Unit Development – Industrial/Commercial-Office/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning approximately 3.00
acres of a 20.61-acre site
located at 5805 Owens Drive
from the PUD-I/C-O (Planned
Unit Development –
Industrial/Commercial-Office)
District to the PUD-I/C-O/HOZ
(Planned Unit Development –
Industrial/Commercial-
Office/Housing Opportunity
Zone) Districts

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY -INITIATED REZONING OF 4003, 4005, AND 4011 PIMLICO

DRIVE TO C -F/HOZ (FREEWAY COMMERCIAL/HOUSING OPPORTUNITY ZONE)

AND PUD- C/HOZ (PLANNED UNIT DEVELOPMENT-COMMERCIAL/HOUSING OPPORTUNITY ZONE) DISTRICTS, AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4003, 4005, AND 4011 Pimlico Drive (the “Property”) from C-F (Freeway Commercial) and PUD -C (Planned Unit Development-Commercial) Districts to the C-F/HOZ (Freeway Commercial/Housing Opportunity Zone) and PUD -C/HOZ (Planned Unit Development -Commercial/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 3.07 acres of 4003, 4005, AND 4011 Pimlico Drive from C-F (Freeway Commercial) and PUD -C (Planned Unit Development -Commercial) Districts to the C -F/HOZ (Freeway Commercial/Housing Opportunity Zone) and PUD -C/HOZ (Planned Unit Development-Commercial/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of three sites totaling approximately 3.07 acres located at 4003, 4005, and 4011 Pimlico Drive from the
C-F (Freeway Commercial) and PUD-C (Planned Unit Development- Commercial) Districts to the C-F/HOZ (Freeway Commercial/Housing Opportunity Zone) and PUD-C/HOZ (Planned Unit Development- Commercial/Housing Opportunity Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY -INITIATED REZONING OF 4750 FIRST STREET TO P/HOZ (PUBLIC/HOUSING OPPORTUNITY ZONE) DISTRICTS , AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of 4750 First Street (the “Property”) from P (Public) District to the P/HOZ (Public/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6
th Cycle) Housing Element Update Program
Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 10.68 acres of 4750 First Street from P (Public) District to the P/HOZ (Public/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

Ordinance No.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney

Ordinance No.

EXHIBIT A

CITY OF PLEASANTON

PLANNING DIVISION

Ordinance No.

Zoning Unit Map No. XXX

DRAWN BY:

E.Luchini

APPROVED BY:

DATE:

December 5, 2023

SCALE:
1” = 600’

SEC. NO.:

P23-0608

Rezoning of an approximately 10.68-acre site
located at 4750 First Street from the
P (Public) District to the P/HOZ (Public/Housing
Opportunity Zone) Districts.

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE CITY- INITIATED REZONING OF APN 946 461900100 TO PUD-

ELEMENTARY SCHOOL/HOZ (PLANNED UNIT DEVELOPMENT -ELEMENTARY

SCHOOL/HOUSING OPPORTUNITY ZONE) DISTRICTS , AS FILED UNDER CASE P23-0608

WHEREAS, the City of Pleasanton has adopted its Housing Element on January 26, 2023, June 20, 2023, and September 19, 2023, by Resolutions Nos. 23- 1358, 23-1406, 23 -1414, respectively, and seeks to implement Program 1.1 of the Housing Element to rezone sites identified for housing; and

WHEREAS, the City of Pleasanton has initiated the rezoning of APN 946 461900100 (the “Property”) from PUD-Elementary School (Planned Unit Development-Elementary School) District to the PUD -Elementary School/HOZ (Planned Unit Development -Elementary School/Housing Opportunity Zone) Districts (the “Rezoning”) to implement Program 1.1; and

WHEREAS, the Planning Commission held a noticed public hearing on November 8 , 2023, regarding this Rezoning and recommended approval to the City Council; and

WHEREAS, the City Council held a noticed public meeting on December 5, 2023, reviewed the materials, and received a staff report and public comment regarding this Rezoning; and

WHEREAS, this Rezoning implements the policies and programs of the 2023- 2031 (6th Cycle) Housing Element Update considered in the Program Environmental Impact Report (State Clearinghouse No. 2022040091) which was certified by the City Council on January 26, 2023, by Resolution No. 23-1357.

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

SECTION 1. The City Council finds that the Rezoning of the Property is consistent with the goals and policies examined in the 2023-2031 (6th Cycle) Housing Element Update Program Environmental Impact Report (State Clearinghouse No. 2022040091).

SECTION 2. The City Council finds that the Rezoning is consistent with the General Plan, as amended.

SECTION 3. The rezoning of approximately 7.00 of 10.64 acres of APN 946 461900100 (the “Property”) from PUD-Elementary School (Planned Unit Development -Elementary School) District to the PUD- Elementary School/HOZ (Planned Unit Development -Elementary School/Housing Opportunity Zone) Districts is hereby approved.

SECTION 4. The uses allowed and development standards applicable to this Property are those which were in effective prior to this rezoning, plus the ability to develop the Property with housing consistent with the HOZ District provisions in Municipal Code Chapter 18.30, the Housing Site Compliance Review provisions in Municipal Code Chapter 18.22, and the Objective Design Standards for Housing Sites adopted by Resolution No. 23-1386, as amended.

Ordinance No.

SECTION 5. The Zoning Map of the City of Pleasanton, dated April 18, 1960, on file with the City Clerk, designating and dividing the City into zoning districts, is hereby amended by Zoning Map No.___, attached hereto as Exhibit A, dated December 5, 2023, and incorporated herein by this reference.

SECTION 6. 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 7. 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 December 5, 2023, by the following vote:

Ayes:

Noes:

Absent:

Abstain:

______________________________
Karla Brown, Mayor

ATTEST:

____________________________
Jocelyn Kwong, City Clerk

APPROVED AS TO FORM:

____________________________
Daniel G. Sodergren, City Attorney