CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, April 16, 2024
7:00 PM
City Council Chamber
200 Old Bernal Avenue
Pleasanton, CA 94566
The meeting will be held in-person and will be broadcast live on Channel 29 and at https://www.tri-valleytv.org and https://www.youtube.com/user/TheCityofPleasanton.
Public participation: It is requested that members of the public wishing to address the City Council submit a speaker card. When public comment is opened on an agenda item, individuals may speak once per agenda item.
To submit written public comment regarding an open session item on this meeting agenda visit https://forms.cityofpleasantonca.gov/f/writtenpubliccomment. Comments will be accepted by the City Clerk’s Office until 12:00 p.m. on the day of the Council meeting.
In Person at Council Chamber:
• Submit a physical speaker card to the City Clerk at the meeting. When your name is called, please provide comment at the podium.
CALL TO ORDER
• Pledge of Allegiance
• Remarks by Councilmember Balch
• Roll Call
Resolution No. 2024-013
Ordinance No. 2277
REPORT ON CLOSED SESSION
AGENDA AMENDMENTS
CONSENT CALENDAR
Items listed on the consent calendar are considered routine in nature and may be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
City Attorney
1. Introduce an omnibus ordinance to amend the Municipal Code in Chapters 1.22 Voluntary campaign contribution and expenditure limitation, 1.24 Administrative citations, 5.20 Business license exemptions, 6.56 Alarms, 13.08 Parks and Recreation Facilities, and Title 18 Zoning and waive first reading. Adopt resolutions to amend the Purchasing Procedures and Manual; and update the Master Fee
City Council Agenda Page 2 of 5 April 16, 2024
Schedule for Small Wireless Facility application fees and Police Department false alarm fines
City Manager
2. Adopt a resolution opposing California ballot initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act and authorize joining the CalCities Coalition
3. Adopt a resolution amending the local Conflict of Interest Code and updating the list of designated positions required to file Statements of Economic Interests
4. Enact revisions to commission structure: introduce an ordinance modifying the duties, membership and meeting frequency of the Civic Arts, Human Services, Library, and Parks and Recreation Commissions by amending Pleasanton Municipal Code title 2, chapters 2.39, 2.28, 2.34 and 2.32 Community Development
5. Actions of the Zoning Administrator and Planning Commission
6. Approve plans and specifications and award construction contract to Columbia Electric, Inc. in the amount of $1,155,127 for the Valley Avenue at Northway Road Intersection Improvements Project (Bi-Annual Traffic Signal Installation, CIP No. 23532) with an approximately 13 percent contingency of $147,394, for a total cost of $1,302,521, and budget amendments in the Gas Tax and Traffic Impact Fee Funds
Finance
7. Approve a professional services agreement with The Pun Group, LLP for professional auditing services for a three-year contract with an option to extend the contract for two years for a total of five years for a total not to exceed amount of $523,555 with up to 20 percent contingency
8. Adopt a resolution approving an interfund loan from the Equipment Replacement Fund to the Recycled Water Fund in the amount of $965,160 for a term of not more than five years to redeem the outstanding 2017 Water Revenue Bonds; and approve amendments to the Fiscal Year 2023/24 Budget
9. Accept the monthly disbursements and investment report for February 2024 Fire
10. Public Hearing: Receive any protests and adopt a resolution to approve the 2024 Weed Abatement Program and authorize the abatement of weeds, rubbish, dirt, or refuse upon or in front of certain described properties within the city of Pleasanton
City Council Agenda Page 3 of 5 April 16, 2024
Police
11. Receive annual military equipment use report for 2023; introduce and waive first reading of an ordinance amending Ordinance No. 2246 to amend the Pleasanton Police Department’s military equipment use policy to add equipment to the policy’s military equipment inventory; and adopt a resolution accepting the annual military equipment use report for 2023 determining that the police department’s use of military equipment in 2023 complied with the standards of approval and renewing the military equipment use policy
Public Works
12. Accept public improvements performed by ELLA for the Ken Mercer Cricket Field Project, CIP No. 22795 and a budget amendment to the Park Capital Improvement Program Fund.
13. Award a design professional services agreement to ENGEO Incorporated in the amount of $782,407 with an approximately 5 percent contingency of $39,593, for a total cost up to $822,000 for various city sites damaged in the 2023 storm event, and approve budget amendments in the Storm Drain Replacement Fund
14. Approve plans and specifications, and award a construction contract to O’Grady Paving, Inc., in the amount of $6,861,681, with an approximately 15 percent contingency of $1,029,252, for the total cost up to $7,890,933, for the Annual Street Resurfacing & Preventative Maintenance Project, CIP No. 24503 and approve budget amendments in the Gas Tax Fund, Measure BB - Bike & Pedestrian Fund, Measure BB Streets Fund, Measure F Fund, the General Fund, and the Streets Capital Improvement Fund
15. Award a professional services agreement to Kayuga Solution in the not-to-exceed amount of $688,270 for the Asset Management Plan Project, CIP No. 24460, and authorize an amendment to the agreement with GHD, Inc., in the not-to-exceed amount of $61,730 for the integration of MaintStar with the Asset Management Program
16. Adopt a resolution of summary vacation for public service and emergency vehicle access easements and acceptance of replacement emergency access easement and pedestrian access easement at 4452 Rosewood Drive
MEETING OPEN TO THE PUBLIC
17. Presentation of a proclamation recognizing April as Arts, Culture and Creativity Month
18. Presentation of a proclamation recognizing April 21-27 as National Crime Victims' Rights Week
19. Presentation of a proclamation recognizing April as Fair Housing Month
City Council Agenda Page 4 of 5 April 16, 2024
20. Presentation of a proclamation recognizing April as Sexual Assault Awareness Month
21. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.
PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.
22. Adopt a resolution certifying an exception to the 180-day waiting period to appoint retired annuitant, Gina Anderson, to serve as Interim Police Chief pursuant to Government Code sections 7522.56 and 21224
23. Public Hearing - City Council review of Planning Commission approval of a proposed project at 3200 Hopyard Road for Design Review (P23-0177) and Vesting Tentative Tract Map 8672 for either: (Option 1) 57 attached condominium units in nine, three-story buildings (48 townhome-style units and nine apartment units); or (Option 2) 55 attached condominium units in eight, three-story buildings and two, two-story duet buildings (47 townhome-style units and eight apartment units); and City Council approval of an Affordable Housing Agreement for either Option 1 or Option 2
24. Bi-annual update to the City Council regarding Police department operations, services and activities
MATTERS INITIATED BY COUNCIL
COUNCIL REPORTS
Brief reports on conferences, seminars, and meetings attended by the Council
ADJOURNMENT
Notice
Under Government Code §54957.5, any writings/documents regarding an open session item on this agenda and items received by the City Clerk’s Office by 12:00 p.m. on the day of the meeting provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection on the City’s website https://www.cityofpleasantonca.gov/ and also at the Pleasanton Library located at 400 Old Bernal Ave., Pleasanton, CA 94566.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure § 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but
City Council Agenda Page 5 of 5 April 16, 2024
not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
Accessible Public Meetings
The City of Pleasanton can provide special assistance for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation (e.g., an assistive listening device), please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at the earliest possible time. If you need sign language assistance, please provide at least two working days’ notice prior to the meeting date.
Item #1
CITY COUNCIL AGENDA REPORT
April 16, 2024
City Attorney
TITLE: INTRODUCE AN OMNIBUS ORDINANCE TO AMEND THE MUNICIPAL CODE IN CHAPTERS 1.22 VOLUNTARY CAMPAIGN CONTRIBUTION AND
EXPENDITURE LIMITATION, 1.24 ADMINISTRATIVE CITATIONS, 5.20 BUSINESS LICENSE EXEMPTIONS, 6.56 ALARMS, 13.08 PARKS AND RECREATION FACILITIES, AND TITLE 18 ZONING AND WAIVE FIRST READING. ADOPT RESOLUTIONS TO AMEND THE PURCHASING
PROCEDURES AND MANUAL; AND UPDATE THE MASTER FEE SCHEDULE
FOR SMALL WIRELESS FACILITY APPLICATION FEES AND POLICE
DEPARTMENT FALSE ALARM FINES
SUMMARY
The omnibus ordinance is a regular process to update the municipal code to reflect new state laws, and have the code reflect current practices. These amendments are non-controversial and presented as one ordinance. Omnibus changes include:
Chapter 1.22 Voluntary campaign contribution and expenditure limitations – State law now requires a local candidate to establish a separate controlled committee and campaign bank account for each separate office.
Chapter 1.24 Administrative citations – Allow administrative citations to be issued for zoning code violations, as permitted by state law.
Chapter 5.20 Exemptions – State law exempts family day care homes from local business licenses.
Chapter 6.56 Alarms – Update fines for false alarms, which amounts have not changed since 1985. Change time period for cumulating false alarms and updating circumstances when alarm response may cease.
Chapter 13.08 Parks and Recreation Facilities – Prohibit dogs from tennis, pickleball, volleyball and bocce courts to prevent damage court surfaces and dog waste is a health and safety concern; and have policy requirements for alcohol service during recreation facility rentals.
Title 18 Zoning - Amendments to implement Housing Element programs and policies, and align with state law for low barrier navigation centers, single room occupancy unit facilities, supportive housing, residential care facilities, accessory dwelling units (ADU) and homeless shelters. Also update Chapter 18.144 Appeals to reflect the City Council Rules of Procedure and address court decisions to preserve due process.
There are two resolutions to:
Amend the Purchasing Procedures and Manual to: (a) add a definition for public project to align with state law; and (b) clarify that the City Manager, Public Works and Finance Directors must approve exigent circumstances to allow a capital improvement project to exceed the contract amount before having an amendment ratified by the Council.
Amend the Master Fee Schedule to update: Police Department false alarm fines; and Planning Division small wireless facility application fees; and provide for annual inflation adjustment.
RECOMMENDATION
Introduce the omnibus ordinance and waive first reading, and adopt two resolutions.
BACKGROUND
The municipal code must be amended regularly to reflect new California laws as well as actual City practices. These routine updates are combined into a single omnibus ordinance. Two resolutions are also proposed to amend the Purchasing Procedures and Manual to better guide contracting, and update the Master Fee Schedule.
DISCUSSION
Each of the proposed amendments to the municipal code are described below and shown in Attachment 1.
In Chapter 1.22 Voluntary campaign contribution and expenditure limitation - Changes to California law (AB 571) have made certain election campaign contribution limits newly applicable to candidates for local office. Now, a local candidate that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Local candidates may not redesignate a committee for one election for another election. An amendment is proposed to state that requirement in §1.22.025.
In Chapter 1.24 Administrative Citations - Under the current municipal code, a person with property that violates the zoning code (for example, illegal use of property, unpermitted outdoor storage, etc.) is subject to a criminal infraction (see Ch. 1.12 General Penalty) or a civil injunction (see Ch. 1.16 injunctive Relief). In staff’s experience, administrative citations are a more effective means of achieving code compliance, and are allowed for zoning code violations under Cal. Government Code §53069.4. Amendments are proposed to §§1.24.010 and 1.24.030 to allow citations for zoning code violations.
In Chapter 5.20 Exemptions - Recent changes to California law (SB 234 amending Cal. Health & Safety Code §1597.45(b)) now exempt large and small family day care homes from local business license requirements. An amendment is proposed to state that exemption in Title 5 Business Licensing and Taxation, Chapter 5.20 Exemptions.
In Chapter 6.56 Alarms - Amend §6.56.050 Termination of police service. Police Department patrol units respond to commercial and residential alarms, but over 95% are false alarms. To encourage proper system operation, and discourage false alarms, the City imposes fines for false alarms. Fines were set in 1985 and have not changed for almost 40 years. The proposed amendment would update the code to reflect actual department practices for responding to multiple false alarms, update fines in the Master Fee Schedule to reflect a portion of the actual cost of police response, maintain higher fines for repeat false alarms (allowed by Cal. Govt.
Code §36901), and include an automatic inflation adjustment.
In Chapter 13.08 Parks and Recreation Facilities – Amend §13.08.080 Dogs in public parks.
To prevent animal waste on tennis, pickleball, volleyball and bocce ball courts, and damage to court surfacing, an amendment is proposed to prohibit dogs from these courts, whether leashed or unleashed. This is similar to the existing prohibition of dogs in the fenced areas of the softball and baseball fields.
In Chapter 13.08 Parks and Recreation Facilities – Amend §13.08.130 Alcoholic Beverage.
Amendment to reflect actual City practice of allowing persons renting recreation facilities (e.g.
Senior Center, Veterans’ Hall) to serve alcohol, where City may require server to have Cal.
Dept. of Alcohol Beverage Control (ABC) license (e.g. bartender or caterer license) and the renter to provide host liquor liability insurance.
In Title 18 Zoning Code:
Chapter 18.08 Definitions – add new definitions for: low barrier navigation center, single room occupancy unit, residential care facility, and transient occupancy; and amend the definition of:
supportive housing to reflect changes in state law, operations services director to public works director, and zoning administrator to include designee per actual practice.
Chapter 18.36 RM Multi-family residential districts - amend conditional uses in multi-family residential districts to add as conditional uses single room occupancy unit facilities, and as permitted uses residential care facilities with up to six residents, and low barrier navigation centers. Also related changes to off-street parking in 18.88.030. These changes are needed to conform with state law.
Chapter 18.107 Supporting housing, transitional housing, and single room occupancy unit facilities – added new definitions and standards to comply with state law (AB 2339 of 2022).
Chapter 18.106 Accessory and junior accessory dwelling units - changes to allowed height and rental provisions to align with state law (AB 2221 and SB 897 of 2022).
Section 18.82.040 Permitting procedures and standards – amend parking requirements and minimum separation requirements for homeless shelters as required by state law (AB 2553 of 2020).
These amendments to Title 18 Zoning Code implement Housing Element Policy 4.3 “Update City codes, policies and regulations, or implementation thereof, as needed to comply with state law and remove governmental constraints on housing production.”; and Policy 5.3 “Provide opportunities, including appropriately zoned sites, to accommodate housing that can assist individuals’ transition from homelessness, including Single Room Occupancy Units (SROs), emergency shelter and transitional housing for unhoused residents.”
Chapter 18.144 Appeals - Amendments are proposed to harmonize with the City Council Rules of Procedure Section 13.3.3. Council Review, as well as to meet due process considerations in response to court decisions.
The two proposed resolutions address the following:
1. The Purchasing Procedures and Manual guides the purchase of goods and services, as well as bidding processes for public works projects. (Attachment 2)
The first amendment proposes to add a definition of “public project” to align with California Public Contracts Code §22022(c) to clarify which types of project are subject to formal bidding
processes. The City previously by Resolution No. 91-170 elected to have the City implement the state’s Uniform Public Construction Code Accounting Act.
The second amendment relates to agreements where work exceeds the agreement amount. In the Manual and Municipal Code Chapter 3.32, the Council approves agreements for capital construction projects greater than $200,000. The Manual is proposed to be amended to: (a) allow the City Manager, Finance Director and Public Works Director to administratively approve an increase in work for such an agreement that would be above the amount and contingency approved by the City Council; (b) limit such administrative action to time-critical situations when prior Council approval is not possible (for example, open trench for pipe construction project encounters unknown conflict that needs extra work to minimize time trench is open); and (c) require that formal City Council ratification of an amendment to the agreement be brought to City Council at the next City Council meeting when noticing and agenda requirements can reasonably be met.
2. The Master Fee Schedule is also proposed to be amended (Attachment 3) to:
a. Wireless service facilities are regulated by Municipal Code Chapter 18.110. In response to Federal Communication Commission (FCC) rule changes in 2019, fees were adopted for processing small wireless facility applications (see Res. 19-1124). It is proposed that the Master Fee Schedule be amended to adjust the fees for inflation from 2019 to 2024, and then provide for an annual inflation adjustment.
b. False alarm fines in the Master Fee Schedule were set in 1985. This amendment would update the fines to reflect a portion of the actual current cost of police response, and include an automatic inflation adjustment.
EQUITY AND SUSTAINABILITY
Updating the Municipal Code, Purchasing Procedures and Manual, and Master Fee Schedule, furthers, for example, equitable access to recreational facilities by eliminating director discretion in approval of rentals where alcohol is proposed to be served, and instead sets policies uniformly applicable to all persons. For sustainability, code changes to prohibit dogs on sports courts keeps these recreational resources used for their intended purpose for longer periods, and requires less maintenance.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Strategic Plan goals of Safeguarding our City, Strategy 1, by implementing changes to improve emergency preparedness capabilities by preserving police patrol resources by reducing false alarms by updating fines; Building a Community Where Everyone Belongs, Strategy 6, by implementing the Housing Element programs by updating zoning code provisions regarding accessory dwelling units to align with state law; and Funding our Future, Strategy 6 by updating the City's fee schedule to ensure fees charges represent costs of services.
FISCAL IMPACT
The amendment to the Master Fee Schedule will update: Planning Division small wireless facility application fees (adopted and unchanged since 2019) to reflect current costs; and Police Department false alarm fines (unchanged since 1985) to reflect current costs for police response. Both will include an annual inflation adjustment going forward.
Prepared by: Submitted by: Approved by:
Larissa Seto, Assistant City
Attorney
Dan Sodergren, City Attorney
Gerry Beaudin, City
Manager
Attachments:
1. Omnibus Ordinance Pleasanton Municipal Code amend
2. Resolution Purchasing Procedures and Manual
3. Resolution Master Fee Schedule
ATTACHMENT 1
ORDINANCE NO.
AN OMNIBUS ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING CHAPTERS 1.22 VOLUNTARY CAMPAIGN CONTRIBUTION AND EXPENDITURE LIMITATION, 1.24 ADMINISTRATIVE CITATIONS, 5.20 EXEMPTIONS,
6.56 ALARMS, 13.08 PARKS AND RECREATION FACILITIES, AND TITLE 18 ZONING WHEREAS, on an annual basis multiple amendments are proposed for the Pleasanton Municipal Code to make changes to align with evolving state law, changed city staff positions and titles, as well as to reflect actual city practices; and WHEREAS, California law (AB 571) requires that a candidate for local office that has qualified as a committee must establish a separate controlled committee and campaign bank account for each specific office. Local candidates may not redesignate a committee for one election for another election; and
WHEREAS, California law (Cal. Govt. Code §53069.4(a)(2)(A)) allows for administrative citations to be issued for zoning code violations; and
WHEREAS, California law (Cal. Health & Safety Code §1597.45(b)) now exempts large and small family day care homes from local business license requirements; and WHEREAS, since 95% of residential and commercial alarms are false, amendments would update the code to reflect actual department practice for multiple false alarms, and update fines; and
WHEREAS, sports court surfaces, as well as health and safety, are protected by prohibiting dogs from being on sports courts; and
WHEREAS, to reflect actual city practices, formally allow persons renting recreation facilities to have alcohol served by Alcohol Beverage Control licensed persons when there is a rental agreement and liquor liability insurance; and
WHEREAS, multiple sections of the Zoning Code need to be updated to implement state law regarding accessory dwelling units per AB 2221 and SB 897; as well as to implement Housing Element programs and policies for low barrier navigation centers, single room occupancy unit facilities, supportive housing, and residential care facilities; and amend Chapter 18.144 Appeals to reflect the City Council Rules of Procedure and preservation of due process.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.Finds that the proposed amendments to the Pleasanton Municipal Code have no possibility to have a significant effect on the environment per Title 14 California Code of Regulations (CEQA Guidelines) §15061(b)(3).
SECTION 2.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
Ordinance No.
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 April 16, 2024, 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
Amend §1.22.025 as follows:
§1.22.025 Voluntary campaign contribution limitation.
A. No person shall make any contribution(s) to a candidate for the office of council member or mayor in a general election, cumulated with such person's contribution(s) to such candidate's-controlled committees, which exceed the cumulative amount of $1,000.00, nor shall any such contribution(s) which exceed the cumulative amount of $1,000.00 be accepted by any candidate or candidate's committee from any person.
B. No person shall make any contribution(s) to a candidate for the office of council member or mayor in a special election, cumulated with such person's contribution(s) to such candidate's-controlled committees, which exceed the cumulative amount of $1,000.00, nor shall any such contribution(s) which exceed the cumulative amount of $1,000.00 be accepted by any candidate or candidate's committee from any person.
C. The voluntary contribution limits stated in subsections A and B of this section shall not apply to contributions made or received in support of, or in opposition to, a ballot measure, nor shall said voluntary contribution limits apply to contributions made by a candidate to his or her own campaign.
D. A candidate may transfer non-surplus campaign funds from that candidate's-controlled committee to a campaign committee for elective city office controlled by the same candidate. Candidates may not redesignate a committee for one election for another election. Contributions transferred shall be attributed to specific contributors using a "last in, first out" or "first in, first out" accounting method, and these attributed contributions when aggregated with all other contributions from the same contributor shall not exceed the limits set forth in subsections A and B of this section. A committee transferring funds must designate in its records at the time of its first transfer whether it elects the "last in, first out" or a "first in, first out" method of accounting for the current and future transfers.
This designation is irrevocable. Candidates and committees shall comply with the campaign finance requirements set forth in Section 18536 of Title 2 of the California Code of Regulations, as amended, except that references therein to state contribution limits shall be deemed to refer to the requirements of this chapter.
E. Notwithstanding the foregoing, it is acknowledged that the contribution limits of this chapter are voluntary, and candidates, candidates' committees and other persons must still adhere to the requirements of state law regarding state contribution limits.
Add a new §5.20.035 as follows:
§5.20.035 Family day care homes. The provisions of this title shall not apply to family day care homes, whether small or large, as defined in Cal. Health & Safety Code §§1597.30 et seq.
Amend §6.56.050 as follows:
§6.56.050 Termination of police service.
Violation of any of the following items may result in a fine or termination of police response to any alarm signal received by the police department and service may not be renewed until authorized by the chief of police, or designee.
A. False alarms.
Ordinance No.
1. The following lists the allowable number of alarms within a specified time period, fines and the rules of violation:
a. One false alarm in the any 90-day prior 365-day period:, no action; b. Second or third false alarm in any 90-day prior 365-day period: fine as provided in Master Fee Schedule and, a telephone call will be placed to attempt will be made to contact the business or residence advising of the existence of any alarm policy, and ordinance and outlining expected remedial action;:
c. Third false alarm in any 90-day period, a registered letter will be mailed to the owner or lessee with a copy of the alarm ordinance codified in this chapter; d.c.Fourth or more false alarms in any 90-day prior 365-day period: fine as provided in the Master Fee Schedule, and will result in a $50.00 charge being levied. Ffailure to pay will result in placement on a no-response list:;
e. Fifth false alarm will result in a $200.00 charge and placement on a no-response list; f.d. Any further Sites with repeated false alarms will may result in no response by the police department if such business or residence fails to take adequate action to address proper system operation in the reasonable determination of the chief of police, or designee.:
g. Any business or residence on a no-response list will be returned to full service upon completion of a 90-day period with no more than one false alarm response and payment of all outstanding fees. This return to service will require payment of a reconnection fee.
2. The intentional activation of an alarm system by any person when an emergency situation does not exist. Such emergency situations are to include only those unlawful acts for which the alarm system was specifically designed to detect or to alert the police department.
These alarms normally will be burglary, robbery, or intrusion alarms.
B. Exceptions.
1. A 30-day adjustment period will be allowed to correct mechanical problems for any new, improved or replaced alarm system:
2. If the user shows demonstrates to the satisfaction of the Chief of Police, or designee, that a any false alarm was the solely the result of conditions beyond the his or her user’s control and not the result of negligence by him or herself user or any of his or her user’s employees, and if the result of any defect in the alarm system he or she that a diligent user neither knew nor should have known in the exercise of due care, such false alarm shall may be determined by the Chief of Police, or designee, not to be deemed a false alarm as used in this section.
Amend §13.08.080 as follows:
§13.08.080 Dogs in public parks.
A. No owner of a dog shall permit such dog to be at large in any park and recreation facility except as provided in Section 7.16.010 of this code, this section, or Section 13.08.085 of this chapter.
B. No owner of a dog shall permit such dog, whether leashed or unleashed, to be in or upon:
1.Tthe fenced fields at the Ken Mercer Softball Complex or, Val Vista Community Park, and or the Bernal Community Parks; or
2. Any tennis court, pickleball court, volleyball court (whether paved or sand), or bocce ball court.
C. Any dog, except a "dangerous dog" as defined in this section, may be at large in the designated dog exercise area of Muirwood Community Park, Cubby's Dog Park and any other dog exercise area as designated by the city council provided:
Ordinance No.
1. The dog is under the control of a person in charge of the dog. For the purposes of this section, a dog is under the control of a person when the person is aware of the dog's conduct, and the dog immediately and directly returns to the person when called;
2. The owner of the dog shall have a leash for the dog in the owner's possession; and
3. The number of dogs shall not exceed three per person in charge of the dogs. The person in charge of the dog shall remove immediately any feces left by the dog in the dog exercise area and dispose of such feces.
D. For purposes of this section, "dangerous dog" means:
1. Any dog which has a known propensity, tendency or disposition to attack unprovoked, to cause injury, or to otherwise endanger the safety of any person or domestic animal or fowl; or
2. Any dog which engages in, or is found to have been trained to engage in, exhibitions of dogfighting; or
3. Any dog at large found to attack, menace, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any person or domestic animal or fowl.
E. For purposes of this section, "dangerous dog" does not mean:
1. Any dog assisting a peace officer engaged in law enforcement duties; or
2. Any dog in a situation in which it is shown that the person or domestic animal or fowl which had been bitten, attacked, threatened or menaced had:
a. Provoked, tormented, teased, or abused the dog into the behavior alleged, or b. Committed a willful trespass or other tort or crime upon the private property of the owner or person in control of the dog, or
c. Threatened or committed an unprovoked assault or battery against the owner or person in control of the dog.
Amend §13.08.130 as follows:
§ 13.08.130 Alcoholic beverages.
No person shall drink, serve or provide any alcoholic beverage in any park and recreation facility, except in connection with an event or activity which has the a written rental agreement with the city; where a renter may be required to hire a company with an appropriate Cal. Dept. of Alcohol Beverage Control license and obtain host liquor liability insurance as set forth in Facility Procedures and Rules, as may be amendedpermission of the director.
Amend §18.08.010 as follows:
§18.08.010 City boards, commissions and officials.
A. City Boards and Commissions.
1. "City" means the city of Pleasanton, Alameda County, California.
2. "City council" and "council" mean the city council of the city of Pleasanton.
3. "City planning commission," "planning commission" and "the commission" mean the planning commission duly appointed by the city council of the city of Pleasanton.
B. City Officials.
1. "Building inspector" means the building inspector of the city of Pleasanton, or designee.
2. "Chief of police" means the chief of police of the city of Pleasanton, or designee.
3. "City attorney" means the city attorney of the city of Pleasanton, or designee.
4. "City clerk" means the city clerk of the city of Pleasanton, or designee.
5. "City engineer" means the city engineer of the city of Pleasanton, or designee.
6. "Community development director" means the community development director of the city of Pleasanton, or designee.
Ordinance No.
7. "Operations services director" means the operations services public works director of the city of Pleasanton, or designee.
8. "Planning manager” means the planning manager of the city of Pleasanton, or designee.
9. “Public works director” means the public works director of the city of Pleasanton, or designee.
10. "Secretary" means the secretary of the city planning commission. 119. "Zoning administrator" means the zoning administrator of the city of Pleasanton, or designee his or her deputy designated by the city manager of the city of Pleasanton.
Add a new §18.08.332 as follows:
§18.08.332 Low Barrier Navigation Center
“Low Barrier Navigation Center” means a low-barrier, service-enriched shelter that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, with the objective of moving them into permanent housing. “Low Barrier” means best practices to reduce barriers to entry; accordingly, a low barrier navigation shelter may allow: (1) the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth; (2) pets; (3) the storage of possessions. (4) privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms. A low barrier navigation center shall meet the requirements in Government Code Section 65662, as amended.
Add a new §18.08.507 as follows:
§18.08.507 Single Room Occupancy Unit
“Single Room Occupancy Unit” means one-room dwelling unit of at least 150 square feet, where the unit is occupied by a single individual or two persons living together as a domestic unit, and where the living and sleeping space are combined, in a building or buildings constructed or converted to such residential living. A single room occupancy unit is not required to contain a bathroom or a kitchen if common bathroom or kitchen facilities are provided on-site for residents at a single room occupancy unit facility. Common facilities for laundry may or may not be provided on the site of a single room occupancy unit facility.
Amend §18.08.552 as follows:
§18.08.552 Supportive housing.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. Supportive housing must meet the requirements of California Government Code §65651, as amended. (See California Health and Safety Code 50675.14(b)(2).)
Add a new §18.08.471 as follows:
Ordinance No.
§18.08.471 Residential Care facility
Residential care facility means a single-family dwelling or group residential facility licensed or supervised by a federal, state, or local health/welfare agency that provides 24-hour non-medical or medical care of unrelated persons who are disabled and in need of personal services, supervision, or assistance that is essential for sustaining the activities of daily living or for the protection of the individual in a family-like environment.
Add a new §18.08.569 as follows:
§18.08.569 Transient occupancy
"Transient occupancy" means when a person is entitled to occupancy for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
Amend §18.36.030 as follows:
§18.36.030 Permitted uses.
The following uses shall be permitted in the RM multi-family residential districts:
A. One-family dwellings in which not more than two guest sleeping rooms may be used for lodging or boarding.
B. Multi-family dwellings.
C. Combinations of attached or detached dwellings, including duplexes, multi-family dwellings, dwelling groups, row houses and townhouses.
D. Nursing homes and senior care/assisted living facilities for not more than three patients.
E. Accessory structures and uses located on the same site as a permitted use and the following accessory structures and uses located on the same site with a permitted use or with a conditional use which has been granted a use permit in accord with the provisions of Chapter 18.124 of this title:
1. Emergency standby electricity generator, fuel cell, and/or battery facilities provided that the facilities shall be tested from 8:00 a.m. to 5:00 p.m. Monday through Friday or from 10:00 a.m. to 12:00 noon on Saturday or Sunday only; the facilities shall not be tested for more than one hour during any day, and no testing shall be on federal holidays or on "Spare the Air Days" in Alameda County;
2. Photovoltaic facilities.
F. Not more than two weaned household pets, excepting fish and caged birds.
G. Large and small family daycare homes.
H. Accessory dwelling or junior accessory dwelling units meeting the requirements in Chapter 18.106 of this title.
I. Employee housing (agricultural) that complies with California Health and Safety Code Sections 17008, 17021.5 and the other applicable provisions of the Employee Housing Act at California Health and Safety Code Section 17000 et seq., and to include a residential safety management plan.
J. Supportive housing, subject to the provisions of Chapter 18.107.
K. Transitional housing, subject to the provisions of Chapter 18.107.
L. Beekeeping meeting the requirements of Chapter 18.103 of this title.
M. Residential care facilities with up to 6 residents.
N. Low-barrier navigation center.
Add a new §18.36.035 as follows:
Ordinance No.
§18.36.035 Minor Conditional Uses.
A. Single room occupancy unit facilities with up to 10 single room occupancy units, in accordance with the regulations prescribed in Chapter 18.107 of this title.
B. Residential care facilities with more than 6 residents within an existing dwelling or group residential facility. Residential care facilities must meet the parking standards of 18.88.030(5).
Amend §18.36.040 as follows:
§18.36.040 Conditional uses.
The following conditional uses shall be permitted in the RM districts upon the granting of a use permit, in accord with the provisions of Chapter 18.124 of this title:
A. Charitable institutions.
B. Churches, convents, monasteries, parish houses, parsonages and other religious institutions.
C. Golf courses.
D. Hospitals and sanitariums, not including hospitals and sanitariums for mental, drug addict or liquor addict cases.
E. Lodging houses.
F. In the RM-1,500 district only, motels.
G. Nursery schools.
H. Private recreation parks and swim clubs.
I. Private schools, tutorial schools, and colleges, not including art, craft, music, dancing, business, professional or trade schools or colleges.
J. Private noncommercial clubs and lodges, not including hiring halls.
K. Public utility and public service facilities including pumping stations, power transmission stations, power distribution stations, equipment buildings, service yards, drainageways and structures, water reservoirs, percolation basins, well fields, and storage tanks. These facilities must be found by the planning commission to be necessary for the public health, safety, or welfare.
L. Trailer parks in accord with the regulations prescribed in Chapter 18.108 of this title.
M. Accessory structures and uses located on the same site as a conditional use and the following accessory structures and uses located on the same site as a permitted use or a conditional use that has been granted a use permit:
1. Small electricity generator facilities located on the same site as multi-family dwellings, a charitable institution, religious institution, golf course, hospital, sanitarium, lodging house, motel, nursery school, nursing home, senior care/assisted living facility, private recreation park, private swim club, private school, private noncommercial club, or public facility and that meet the following criteria:
a. The fuel source for the generators shall be natural gas, biodiesel, or the byproduct of an approved cogeneration or combined cycle facility; b. The facilities shall use the best available control technology to reduce air pollution;
c. The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located;
d. The facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; e. On a site with fuel cell facilities, small electricity generator facilities shall not be permitted unless the aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small electricity generator facilities shall be subject to all requirements and processes prescribed in this title for medium or large electricity generator facilities, whichever is the most applicable, in the subject zoning district; and
Ordinance No.
f. The facilities shall be cogeneration or combined cycle facilities, if feasible;
2. Small fuel cell facilities that meet the following criteria:
a. The facilities shall not create any objectionable odors at any point outside of the property plane where the facilities are located;
b. The fuel cell facilities shall not exceed a noise level of 45 dBA at any point on any residentially zoned property outside of the property plane where the facilities are located; and
c. On a site with electricity generator facilities, small fuel cell facilities shall not be permitted unless the aggregate wattage of the two facilities is less than one megawatt. If the aggregate wattage of the two facilities is one megawatt or greater, the small fuel cell facilities shall be subject to all requirements and processes prescribed in this title for medium or large fuel cell facilities, whichever is the most applicable, in the subject zoning district;
Small fuel cell facilities are encouraged to be cogeneration or combined cycle facilities.
N. Home occupations conducted in accord with the regulations prescribed in Chapter 18.104 of this title.
O. Small bed and breakfasts and bed and breakfast inns in accordance with provisions of Chapter 18.124 of this title.
P. Single room occupancy unit facilities with more than 10 single room occupancy units, in accordance with the regulations prescribed in Chapter 18.107 of this title.
Amend §18.88.030 as follows:
§ 18.88.030 Schedule of off-street parking space requirements.
A. Dwellings and Lodgings.
1. One-family dwelling units shall have at least two parking spaces.
2. Condominiums, community apartments and separately owned townhouses shall have at least two parking spaces per unit.
3. Apartment house parking requirements shall be computed as follows:
a. For apartments with two bedrooms or less, a minimum of two spaces shall be required for each of the first four units; one and one-half spaces for each additional unit. b. For apartments with three or more bedrooms (or two bedrooms and a den convertible to a third bedroom), a minimum of two spaces per unit shall be required.
Parking requirements for units having less than three bedrooms shall be computed separately from the requirements for units having three bedrooms or more and then added together.
c. Visitor parking, in a ratio of one parking space for each seven (1:7) units, shall be provided. All visitor parking spaces shall be clearly marked for this use. Visitor parking may be open or covered and does not count as part of the covered parking requirement described in subsection A4 of this section.
4. At least one space per dwelling unit of the off-street parking required in subsections (A)(1), (A)(2) and (A)(3) of this section shall be located in a garage or carport.
5. Motels, hotels, residential care facilities, lodging houses and private clubs providing guest sleeping accommodations shall have at least one space for each guest sleeping room or for each two beds, whichever is greater, plus at least one space for each two employees.
6. Trailer parks shall have a minimum of one space for each unit, plus at least one additional space for each three units, none of which shall occupy area designated for access drives.
Ordinance No.
7. Small bed and breakfasts and bed and breakfast inns shall have at least one space for each guest sleeping room plus at least one space for each employee on maximum shift. In addition, at least two parking spaces, one of which must be covered, shall be provided for residents of small bed and breakfasts and bed and breakfast inns; the zoning administrator may require only one parking space, which may be uncovered, for a resident manager of a bed and breakfast inn.
8. Accessory dwelling units shall adhere to the parking requirements in Chapter 18.106.
9. Housing developments as defined in Chapter 18.101 of this title of this title shall comply with the parking requirements identified therein.
B. Offices, Commercial Uses and Places of Public Assembly in the C-N and C-R Districts.
1. C-N District. One space for each 180 square feet of gross floor area, plus 10 spaces in addition to spaces occupied by cars being serviced on the site of each service station, plus additional spaces for each open use as prescribed by the zoning administrator. For banks and other financial institutions (commercial banks, credit unions, and savings and loans)— one space for each 300 square feet of gross floor area, except for floor area used for storage.
2. C-R District. Parking requirements shall be established by the zoning administrator and/or planning commission on a case by case basis in accordance with the purposes of Chapter 18.20 of this title.
C. Office, Commercial and Industrial Uses not in the C-N or C-R District.
1. Food stores—one space for each 150 square feet of gross floor area.
2. Banks and other financial institutions (commercial banks, credit unions, and savings and loans)—one space for each 300 square feet of gross floor area, except floor area used for storage.
3. Massage establishments—two spaces for each massage technician, plus the requirements for supplementary uses.
4. Retail stores except food stores and stores handling only bulky merchandise; personal service establishments including barbershops and beauty shops, cleaning and laundry agencies, and similar enterprises— one space for each 300 square feet of gross floor area, except for floor area used exclusively for storage or truck loading.
5. Commercial service enterprises, repair shops, wholesale establishments, and retail stores which handle only bulky merchandise such as furniture, household appliances, machinery, and motor vehicles—one space for each 500 square feet of gross floor area, except for floor area used exclusively for storage or truck loading.
6. Public and private business and administrative offices, and technical services offices (including, but not limited to, accountants, architects, attorneys, engineers, insurance, real estate and similar professions)—one space for each 300 square feet of gross floor area.
7. Medical and dental offices (including, but not limited to, chiropractors, dentists, optometrists, physicians and similar professions)—one space for each 150 square feet of gross floor area, or six spaces for each doctor, whichever is greater.
8. Restaurants, bars, brew pubs, soda fountains, cafés and other establishments for the sale and consumption on the premises of food or beverages—one space for each three seats or each 200 square feet of gross floor area, whichever is greater.
9. Full service stations—10 spaces exclusive of work bays.
10. Self-service stations—one parking space and an additional parking space for each employee on the maximum shift.
11. Quick service stations—one parking space for each 500 square feet of gross floor area.
12. Full service car washes—two parking spaces for every three employees on the maximum shift. Self-service car washes—one parking space for each employee on the maximum shift.
Drive-through car washes located and operated with a full service or self-service service
Ordinance No.
station or self-service car wash—no additional parking spaces are required.
13. Manufacturing plants and other industrial uses, warehouses, storage buildings, and storage facilities combined with commercial or industrial uses—one space for each employee on the maximum shift, or one space for each 300 square feet of gross floor area.
14. Open uses and commercial and industrial uses conducted primarily outside of buildings—one space for each employee on the maximum shift, plus the number of additional spaces prescribed by the zoning administrator.
15. Liquor stores—one space for each 150 square feet of gross floor area except for floor area used exclusively for storage and/or truck loading. For the purposes of this section, "liquor store" shall mean a business establishment the main function of which is the off-sale of liquor, wine and/or beer.
16. Veterinarians' offices and small animal hospitals—one space for each 250 square feet of gross floor area.
17. Convenience markets—one parking space for each 150 square feet of gross floor area. If less than 1,300 square feet in size and operated as an incidental use to a full service or self-service station, then one parking space shall be provided for each 400 feet of gross floor area.
18. Microbreweries—one parking space for each 300 square feet of gross floor area, plus one space for each person in tours greater than five persons.
19. Commercial basement storage for the public—one parking space per on-site storage employee and one parking space for storage customers. This parking requirement is in addition to the parking required for other uses on site.
D. Places of Assembly and Public Uses Not in the C-N or C-R District.
1. Auditoriums, churches, private clubs and lodge halls, community centers, mortuaries, sports arenas and stadiums, theaters, auction establishments and other places of public assembly, including church, school and college auditoriums—one space for each six seats or one space for each 60 square feet of floor area usable for seating if seats are not fixed, in all facilities in which simultaneous use is probable as determined by the zoning administrator. Where subsection E of this section requires a greater number of spaces on the site of a church, school or college, that subsection shall apply and the requirements of this subsection shall be waived.
2. Bowling alleys and pool halls—five spaces for each alley; two spaces for each billiard or pool table.
3. Dance halls—one space for each 50 square feet of gross floor area used for dancing.
4. Homeless shelters—one parking space for every four beds plus one parking space for each employee on the largest shift, plus one parking space for each company vehicle.
5. Hospitals, sanitariums, nursing homes and charitable and religious institutions providing sleeping accommodations—two spaces for each three beds, one space for each two employees, and one space for each staff doctor.
6. Libraries, museums, art galleries and similar uses—one space for each 600 square feet of gross floor area and one space for each employee.
7. Post offices—one space for each 600 square feet of gross floor area and one space for each employee.
8. Cemeteries, columbariums and crematories—one space for each employee, plus the number of additional spaces prescribed by the zoning administrator.
9. Public buildings and grounds other than schools and administrative offices—one space for each employee, plus the number of additional spaces prescribed by the zoning administrator.
10. Public utility structures and installations—one space for each employee on the maximum shift, plus the number of additional spaces prescribed by the zoning administrator.
11. Bus depots, railroad stations and yards, airports and heliports, and other
Ordinance No.
transportation and terminal facilities—one space for each employee, plus the number of additional spaces prescribed by the zoning administrator.
E. Educational Facilities.
1. Schools and colleges, including public, parochial and private elementary and high schools, kindergartens and nursery schools—one space for each employee, including teachers and administrators and one space for each four students in grade 10 or above.
Where subsection (D)(1) of this section requires a greater number of spaces on the site of a school or college, subsection (D)(1) of this section shall apply and the requirements of this subsection (E)(1) shall be waived.
2. Business, professional trade, art, craft, music and dancing schools and colleges—one space for each employee, including teachers and administrators and one additional space for each two students 16 years or older.
F. Property Zoned C-C or O and in the Downtown Revitalization District.
1. All uses, with the exception of office uses on the ground floor of new buildings on sites with frontage on Main Street, shall provide parking or pay equivalent in lieu parking fees at the rate of one space for each 300 square feet of gross floor area. However, uses which have lower parking requirements as stated elsewhere in this section may provide parking or pay equivalent in lieu fees according to that lower standard.
2. Office uses on the ground floor of new buildings with frontage on Main Street shall provide parking or pay equivalent in lieu parking fees at the rate of one space for each 250 square feet of gross floor area. Such office uses which are established anytime within the first five years of the building's occupancy, including tenant spaces which convert from nonoffice to office use within the first five years of building occupancy, shall provide the additional parking or pay the in lieu fee based on the additional parking required for office use.
Amend Chapter 18.107 as follows:
Chapter 18.107 SUPPORTIVE HOUSING, AND TRANSITIONAL HOUSING, AND SINGLE
ROOM OCCUPANCY UNIT FACILITIES
§18.107.010 Purposes.
The purpose of this chapter is to provide procedures and standards to encourage and facilitate the establishment of supportive housing and transitional housing, and single room occupancy unit facilities.
The further purpose of this chapter is to comply with the requirements of Senate Bill 02 (2007) codified in California Government Code Sections 65582, 65583 and 65589.5. §18.107.020 Applicability.
All supportive housing and transitional housing shall comply with the provisions of this chapter. §18.107.030 Supportive housing—Permitting procedures and standards.
A. Supportive housing shall be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied.
B. Supportive Housing with Six or Fewer Persons in a Dwelling Unit. Supportive housing that provides shelter for six or fewer persons in a dwelling unit shall be a permitted use in the A (agricultural), R-1 (one-family residential), RM (multi-family residential), C-C (central commercial), H-P-D (hillside planned development) and comparable PUD (planned unit development) zoning districts if the following development standards and regulations are met:
Ordinance No.
1. On-site or off-site services are provided to assist supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.
2. Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with Chapter
18.20 (Design Review).
4. All other applicable provisions of this title are met.
C. Supportive Housing with More than Six Persons in a Dwelling Unit. Supportive housing that provides shelter for more than six persons in a dwelling unit shall be a permitted use in the RM (multi-family residential) zoning district if the following development standards and regulations are met:
1. On-site or off-site services are provided to assist supportive housing residents in retaining housing, improving their health status, and maximizing their ability to live, and where possible, work in the community.
2. Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with Chapter
18.20 (Design Review).
4. All other applicable provisions of this title are met.
5. To calculate the maximum allowed residential density for group supportive housing the first six beds shall be deemed equivalent to one dwelling unit. Thereafter every three beds shall be deemed equivalent to one dwelling unit.
D. Supportive housing must meet the requirements of California Government Code Section §65651, as amended.
§18.107.040 Transitional housing—Permitting procedures and standards.
A. Transitional housing is to be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied.
B. Transitional Housing with Six or Fewer Persons in a Dwelling Unit. Transitional housing that provides shelter for six or fewer persons in a dwelling unit shall be a permitted use in the A (agricultural), R-1 (one-family residential), R-M (multi-family residential), C-C (central commercial), H-P-D (hillside planned development) and comparable PUD (planned unit development) zoning districts if the following development standards and regulations are met:
1. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than six months.
2. Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking and Loading Regulations).
3. All new construction or conversion of existing structures complies with Chapter
18.20 (Design Review).
4. All other applicable provisions of this title are met.
C. Transitional Housing with More than Six Persons in a Dwelling Unit. Transitional housing that provides shelter for more than six persons in a dwelling unit shall be a permitted use in the RM (multi-family residential) zoning district if the following development standards and regulations are met:
1. The housing is operated under specific program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at a predetermined future point in time which shall be no less than six months.
2. Off-street parking is provided in accordance with Chapter 18.88 (Off-Street Parking and Loading Regulations).
Ordinance No.
3. All new construction or conversion of existing structures complies with Chapter
18.20 (Design Review).
4. All other applicable provisions of this title are met.
5. To calculate the maximum allowed residential density for group transitional housing the first six beds shall be deemed equivalent to one dwelling unit. Thereafter every three beds shall be deemed equivalent to one dwelling unit. §18.107.050 Single Room Occupancy Unit Facilities
A. Single room occupancy unit facilities are to be considered a residential use for which only the restrictions that apply to other residential uses of the same type in the same zone shall be applied.
B. Criteria in General. The following are the minimum criteria applicable to all new single room occupancy unit facilities:
1. All single room occupancy unit facilities are subject to design review.
2. Transient occupancy of the single room occupancy unit rooms shall not be allowed. Single room occupancy unit tenants shall not have an additional residential address other than the address of the single room occupancy unit facility in which the residential unit is located.
3. Single room occupancy units within single room occupancy unit facilities shall be provided at rents affordable to households with lower incomes.
4. Proximity to transit and alternative transportation modality shall be considered and encouraged in the siting of all single room occupancy unit facilities.
C. Small Single Room Occupancy Unit Facilities. The following additional criteria shall apply to single room occupancy unit facilities containing less than ten (10) single room occupancy units:
1. Occupancy. single room occupancy units shall be occupied by no more than two (2) persons. No transient occupancy is allowed; single room occupancy unit shall be occupied as the primary residence of the tenant.
2. Maximum Unit Size. No single room occupancy unit may exceed four hundred (400) square feet.
3. Common Facilities. Small single room occupancy unit facilities shall provide individual or shared (common) bathing facilities, and shall provide individual or shared (common) kitchen facilities. Any and all common facilities shall be provided as fully accessible to the satisfaction of the building official.
4. Laundry Facilities. Common laundry facilities shall be provided at a rate of not less than one (1) washer and one (1) dryer per single room occupancy unit facility, in addition to a laundry sink and folding area. The requirement for common on-site laundry facilities may be waived where it can be shown that a laundry facility open to the public is located within one-eighth (⅛) of a mile from the project site.
5. Manager's Office or Unit. An on-site management office or manager's unit shall be provided. "House rules" shall be submitted as a part of the use permit application.
6. Parking. Off-street parking shall be provided as set forth in Section 18.88.030 A(5) (Off-Street Parking). Secure bicycle parking is required.
7. Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual single room occupancy unit; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for single room occupancy unit, and shall be of sufficient construction to
Ordinance No.
protect stored items from weather.
D. Large Single Room Occupancy Unit Facilities. The following additional criteria apply to all single room occupancy unit facilities containing ten (10) or more single room occupancy unit:
1. Occupancy. single room occupancy unit shall be occupied by no more than two (2) persons. No transient occupancy is allowed; single room occupancy unit shall be occupied as the primary residence of the tenant.
2. Maximum Unit Size. No single room occupancy unit may exceed three hundred (300) square feet.
3. Common Facilities.
a. Kitchen. Within a large single room occupancy unit facility, no more than fifty percent (50%) of individual single room occupancy unit may be provided with kitchens or kitchenettes. At least one (1) common (shared) kitchen/dining area shall be provided within a large single room occupancy unit facility. b. Bathrooms. Private bathroom facilities shall be provided within each single room occupancy unit, and must include, at a minimum, a toilet and wash basin. Bathtubs and/or shower facilities may be provided within individual rooms, or may be shared (common) facilities.
c. Accessibility. Any and all common facilities shall be provided as fully accessible, to the satisfaction of the building official.
4. Laundry Facilities. Common laundry areas shall be provided at a rate of not less than one (1) washer and one (1) dryer for the first ten (10) single room occupancy unit, with one (1) additional washer and one (1) additional dryer provided for every five (5) additional single room occupancy unit or fraction thereof.
5. Manager’s Unit. An on-site, live-in manager’s unit shall be provided. A management plan, including the proposed “house rules,” shall be submitted as a part of the use permit application.
6. Parking. Parking for single room occupancy unit facilities shall be provided as set forth in Section 18.88.030 A(5) (Off-street Parking). Secure bicycle parking is required.
7. Storage for Residents. Private, secured storage space of not less than fifty (50) cubic feet per resident shall be provided. Storage space may be provided in private closet(s) accessible from individual single room occupancy unit; and/or as individually locked areas accessible from a common room; and/or within a separate on-site storage structure. Where storage space is provided within a separate structure, such structure shall provide for separate, locking storage spaces for each single room occupancy unit, and shall be of sufficient construction to protect stored items from weather.
Amend the Temporary Lodging section of Table 18.44.080 as follows:
C
N
C-
C
CR
(m)
CR
(p)
C
S
CF O I-P I-G MU-
D
MU-
T
Permitted and Conditional Uses
TEMPORARY
LODGING
Bed and
breakfast inns
C C MCUP
Ordinance No.
Guard's living
quarters
C
Homeless
shelters32
C
Hotels and
motels
P C P MCUP
Low Barrier
Navigation
Center
P P P
Single-room
occupancy unit
facilities with up
to ten units, and
that meets the
standards of
Chapter 18.107
MCUP MCUP
Single-room
occupancy unit
facilities with
more than ten
units, and that
meets the
standards of
Chapter 18.107
CUP CUP
Trailers and
mobilehome
parks in
accordance with
the regulations
prescribed in
Chapter 18.108
of this title
C C
Transitional and
supportive
housing that
provides shelter
for six or fewer
persons in a
dwelling unit,
and that meets
the standards of
Chapter 18.107
P18 P18 P
Amend §18.86.060 as follows:
Ordinance No.
§18.86.060 Findings and decision.
A. Findings. The written decision regarding a request for reasonable accommodation will be consistent with the Fair Housing Laws and shall be based on consideration of the following factors:
1. Whether the housing, which is the subject of the request, will be used by an individual disabled under the Fair Housing Laws.
2. Whether the request for reasonable accommodation is necessary to make specific housing available to an individual with a disability under the Fair Housing Laws.
3. Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the city.
4. Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a city program or law, including, but not limited to, land use and zoning.
5. Potential impact on surrounding uses.
46. Physical attributes of the property and structures.
57. Alternative reasonable accommodations which may provide an equivalent level of benefit.
B. Conditions of Approval. In granting a request for reasonable accommodation, the reviewing authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings required by subsection A.
Amend §18.106.040 as follows:
§18.106.040 Standards for attached accessory dwelling units—Height limitations, setbacks, open space, and other regulations.
Attached accessory dwelling units shall meet the requirements in Section 18.106.060 of this chapter and the following requirements:
A. Attached accessory dwelling units shall not exceed 2516 feet in height except when the accessory dwelling unit is the result of the conversion of existing space or accessory dwelling units are proposed as part of a new planned unit development. Except for an attached accessory dwelling unit that meets the Statewide Exemption Accessory Dwelling Unit Standards in Section 18.106.020, attached accessory dwelling units shall be subject to the minimum front, rear, and side yard requirements of the main structure as identified in Chapter 18.84, including requirements prescribed in Section 18.84.100. Only in instances when complying with the front yard setback for the main structure precludes an accessory dwelling unit shall the accessory dwelling unit be permitted to encroach into the front yard setback but this encroachment shall be limited only to the extent necessary to accommodate the accessory dwelling unit. No setbacks are required for a legally existing living area that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit.
Height of the attached accessory dwelling unit is measured vertically from the average elevation of the natural grade or finished grade, whichever is lower, of the ground covered by the accessory dwelling unit to the highest point of the structure including parapet or to the coping of a flat roof, to the deck line of a mansard roof, or to the mean height between eaves and ridges for a hip, gable, or gambrel roof. Accessory dwelling units are limited to two stories. An accessory dwelling unit proposed on the second story shall not exceed 2516 feet in height and shall meet the objective standards for second-story accessory dwelling units identified in Section 18.106.060(C)(2).
B. The gross floor area of an attached accessory dwelling unit shall not exceed 50 percent of the gross floor area of the existing main dwelling unit, with a maximum increase in floor
Ordinance No.
area of 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit or 1,000 square feet if the accessory dwelling unit is two or more bedrooms. Accessory dwelling units that result from conversion of existing space may exceed these size limits.
The gross floor area of the existing main dwelling unit is to be calculated based on the size of the unit prior to the accessory dwelling unit/conversion. In no case shall this requirement necessitate an accessory dwelling unit to be less than: (1) a 150 square foot efficiency unit; (2) 850 square feet if the accessory dwelling unit is a studio or one-bedroom unit; or (3) 1,000 square feet if the accessory dwelling unit is two or more bedrooms.
C. An accessory dwelling unit that does not meet all of the Statewide Exemption Accessory Dwelling Unit Standards defined in Section 18.106.020 shall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located.
D. Except as modified by this chapter, all other regulations embodied in the zoning of the property for main dwellings shall apply to the development of attached accessory dwelling units.
Amend §18.106.045 as follows:
§18.106.045 Standards for detached accessory dwelling units—Height limitations, setbacks, open space, and other regulations.
Detached accessory dwelling units shall meet the requirements in Section 18.106.060 of this chapter and the following requirements:
A. Detached accessory dwelling units shall not exceed 16 feet in height, except that: (1) an accessory dwelling unit that is the result of the conversion of an existing accessory structure may retain the height of the accessory structure even if the structure is greater than 16 feet; and (2) detached accessory structures greater than 16 feet in height may be proposed as part of a new planned unit development. Height for all detached accessory dwelling units is measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure; (3) a detached accessory dwelling unit on an existing or proposed single-family or multi-family dwelling unit that is within one-half mile walking distance of a major transit stop or high quality transit corridor, as defined in Section 21155 of the Public Resources Code shall not exceed 18 feet in height plus an additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit; and (4) a detached accessory dwelling unit on a lot with an existing or proposed multi-family multi-story dwelling shall not exceed 18 feet in height.
Height for all detached accessory dwelling units is measured from the lowest grade adjacent to the structure to the highest ridge or top of the structure.
B. All detached accessory dwelling units shall be located a minimum of four feet from side and rear property lines, except in the case where an accessory dwelling unit exceeds 800 square feet, a 10-foot street side setback is required for corner lots. Only in instances when complying with the front yard setback precludes a Statewide Exemption Accessory Dwelling unit can an encroachment into the front yard setback be permitted and shall be limited only to the extent necessary to accommodate a Statewide Exemption Accessory Dwelling Unit. Where a detached accessory dwelling unit, or a portion thereof, would be constructed in exactly the same location and to exactly the same dimensions as a legal accessory structure, or is the result of the conversion of an existing accessory structure, the accessory dwelling unit may maintain the same setbacks as the existing structure, with no minimum setback required.
C. The gross floor area of a detached accessory dwelling unit shall not exceed 850 square
Ordinance No.
feet if the accessory dwelling unit is a studio or one-bedroom unit or 1,000 square feet if the accessory dwelling unit is two or more bedrooms, except where such unit results from conversion of an existing accessory building, in which case it may exceed these size limits.
D. An accessory dwelling unit that does not meet all of the Statewide Exemption Accessory Dwelling Unit Standards defined in Section 18.106.020 shall comply with applicable floor area ratio maximums, minimum open space requirements, and any other applicable development regulations established by this section and the zoning district or planned unit development in which the property is located.
E. Except as modified by this chapter, all other regulations embodied in the zoning of the property for class I accessory structures shall apply to the development of detached accessory dwelling units on one-family residential lots and multi-family residential lots.
Amend §18.106.060 as follows:
§18.106.060 Required standards for all accessory dwelling units.
All accessory dwelling units shall meet the following standards:
A. Only one other residential unit shall be permitted on a lot with an accessory dwelling unit. If the owner occupies the primary residential unit, the owner may rent the accessory dwelling unit to one party. If the owner occupies the accessory dwelling unit, the owner may rent the primary residential unit to one party. The owner may rent both the primary residential unit and the accessory dwelling unit together to one party who may not further sublease any unit(s) or portion(s) thereof. The owner may rent the accessory dwelling unit to one party.
The rental period shall be 30 days or longer. The owner shall be a signatory to any lease for the rented unit, for which the city may reasonably require a copy of to verify compliance with this chapter, and shall be the applicant for any permit issued under this chapter.
Owner occupancy for the primary dwelling or the accessory dwelling unit is not required for accessory dwelling units approved between January 2020 and January 2025.
B. The accessory dwelling unit shall not be sold or held under a different legal ownership than the primary residence; nor shall the lot containing the accessory dwelling unit be subdivided.
C. In addition to the other requirements of this chapter, the following objective standards shall apply to accessory dwelling units:
1. Accessory dwelling units shall incorporate the following:
a. Architecture of an accessory dwelling unit shall match the existing architectural style of the primary residence with the use of the following building elements to the maximum extent feasible:
i. Use of the same wall material or wall, or wall material that visually appears the same as the existing primary residence, including color and texture; ii. Use of same trim material and trim style;
iii. Use of same roof form, roofing material and roof slope to the maximum extent feasible;
iv. Use of the same window size, proportion, operation, recess or reveal, divided light pattern, and spacing distance between placement of windows; v. Use of same railing design and material.
b. A solid fence at least six feet in height and vegetative screening/plantings of species with a mature height of at least 10 feet in height shall be located or constructed along interior side and rear property lines adjacent to the accessory dwelling unit if the accessory dwelling unit is located less than 10 feet from respective property lines. On a corner property, if the accessory dwelling unit is located less than 10 feet from respective property lines, a solid fence at least six feet in height or vegetative screening/plantings of a species with a mature height of at least 10 feet shall be located in the area between the
Ordinance No.
accessory dwelling unit and the street side property line, and both a solid fence at least six feet in height and vegetative screening/planting of a species with a mature height of at least 10 feet shall be located in the area between the accessory dwelling unit and the rear property line. In no instance shall solid fencing be required in planned unit developments where open fencing is otherwise required. In no instance shall the provisions of this subsection conflict with the fence requirements identified in Chapter 18.84 of this title. c. Exterior lighting shall be shielded, directed downward, and located only at exterior doors and if applicable, along the path of travel from the public right-of-way. d. To the maximum extent feasible, mechanical equipment and plumbing, conduit, or cabling for utilities is not permitted on the exterior walls of the accessory dwelling unit.
This requirement does not apply to meters, electrical panels, and solar installations.
2. The following standards apply to accessory dwelling units proposed as a second-story accessory dwelling unit that is consistent with this chapter:
a. Any exterior stairway proposed to serve the accessory dwelling unit shall not be visible from the public right-of-way on the frontage abutting the front yard upon completion of the construction of the accessory dwelling unit. Where the project includes planting of vegetation for screening an exterior stairway, the assessment of visibility may take into account the mature height of vegetation that has been planted but has not yet reached full maturity at completion of construction.
b. All new windows may be operable, but at least one of the following measures must be implemented for new second-story windows in an accessory dwelling unit that are 25 feet or less from a property line: (1) the proposed window of the accessory dwelling unit is positioned such that the window sill is at least five feet above finished floor; or (2) the proposed window of the accessory dwelling unit utilizes frosted or obscured glass in the glazing portion of the window.
As used in this section, frosted or obscure glass is glass which is patterned or textured such that objects, shapes, and patterns beyond the glass are not easily distinguishable.
3. No balconies or upper-story decks shall be allowed for an accessory dwelling unit, except for decorative/faux balconies without decks that match the primary dwelling structure.
4. If garage space is converted to an accessory dwelling unit, at the option of the property owner, the existing garage door(s) may either be left in place, or removed and infilled such that the wall appears integrated with rest of the home, with the same exterior wall material, building color, and trim as the primary dwelling structure.
5. With the objective of retaining the appearance of a one-family residence, the entry door to an attached accessory dwelling unit proposed on a property with a one-family development shall be located on a different façade than the door to the primary residence.
6. Additions to accessory structures of 150 square feet or less beyond the existing physical dimensions to accommodate ingress/egress to an accessory dwelling unit are allowed.
Additions to accessory structures greater than 150 square feet necessitate that the proposed accessory dwelling unit meet the maximum size required by Section 18.106.045.
7. The following parking standards apply to accessory dwelling units:
a. One additional off-street parking space on the lot shall be made continuously available to the occupants of the accessory dwelling unit. Required parking may be provided as tandem, or may be located in setbacks, but not in the front yard setback unless on the driveway.
b. When a garage, carport, or covered parking structure is demolished in conjunction with construction of an accessory dwelling unit or is converted to an accessory dwelling unit, those offstreet parking spaces are not required to be replaced. c. Parking for an accessory dwelling unit shall not be required if the accessory dwelling unit is:
i. Located within one-half mile of public transit.
Ordinance No.
ii. Located within an architecturally and historically significant historic district. iii. Located in part of an existing primary residence or an existing accessory structure.
iv.Located in an area requiring on-street parking permits, but not offered to the occupant of the accessory dwelling unit; or
v. Located within one block of a car share vehicle.
vi. Constructed with a new single- or multifamily dwelling unit on the same lot, provided the accessory dwelling unit or the parcel satisfies all other development and parcel criteria.
d. Parking shall not be required if the city finds that parking is not feasible due to site topography or would create fire or life-safety conditions.
8. The square footage of the primary residence and accessory dwelling unit(s) combined cannot exceed the maximum floor area ratio requirement for the lot, except that the maximum floor area ratio may not reduce the square footage of an accessory dwelling unit to less than 800 square feet if the accessory dwelling unit is 16 feet or less in height and located at least four feet from side and rear property lines.
9. The accessory dwelling unit shall have access to at least 80 square feet of open space on the lot, except that this open space requirement may not reduce the square footage of an accessory dwelling unit to less than 800 square feet if the accessory dwelling unit is 16 feet or less in height and located at least four feet from side and rear property lines.
D. The resident owner shall install address signs that are clearly visible from the street during both daytime and evening hours and which plainly indicate that two separate units exist on the lot, as required by the fire marshal. The resident owner shall obtain the new street address for the accessory dwelling unit from the engineering department.
E. Adequate roadways, public utilities and services shall be available to serve the accessory dwelling unit. Accessory dwelling units shall not be considered new residential uses for the purposes of calculating connection fees or capacity charges for sewer and water.
Installation of a separate direct connection between an accessory dwelling unit contained within an existing structure and the utility shall not be required. Accessory dwelling units not within an existing structure shall be required to install a new or separate utility connection and be charged a connection fee and/or capacity charge. These charges shall be proportionate to the burden imposed by the accessory dwelling unit on the water or sewer system based upon either its size or number of plumbing fixtures as determined by the city.
F. The owner of the lot on which an accessory dwelling unit is located shall participate in the city's monitoring program to determine rent levels of the accessory dwelling units being rented.
G. The accessory dwelling unit shall not create an adverse impact on any real property that is listed in the California Register of Historical Resources.
H. The accessory dwelling unit shall comply with other zoning and building requirements generally applicable to residential construction in the applicable zone where the property is located.
I. A restrictive covenant shall be recorded against the lot containing the accessory dwelling unit with the Alameda County recorder's office prior to the issuance of a building permit from the building division stating that:
The property contains an approved accessory dwelling unit pursuant to Chapter 18.106 of the Pleasanton Municipal Code and is subject to the restrictions and regulations set forth in that chapter. These restrictions and regulations generally address subdivision and development prohibitions, owner occupancy and lease requirements, limitations on the size of the accessory dwelling unit, parking requirements, and participation in the city's monitoring program to determine rent levels of the accessory dwelling units being rented.
Ordinance No.
Current restrictions and regulations may be obtained from the city of Pleasanton planning division. These restrictions and regulations shall be binding upon any successor in ownership of the property.
Amend §18.82.040 as follows:
§ 18.82.040 Permitting procedures and standards.
A. Permitted Use. Within the SF overlay district a homeless shelter that meets all of the standards provided in subsection B shall be approved ministerially with a zoning certificate, without discretionary review or a public hearing.
1. The application for a zoning certificate for a homeless shelter shall be submitted to the planning division and shall include:
a. Plot plan (drawn to scale) showing the dimensions of the lot on which the homeless shelter will be located; the location and dimension of setbacks of all existing and proposed structures on the proposed site; all easements; building envelopes; and parking for the project site; and
b. Floor plans of the entire structure or structures with each room dimensioned, the resulting floor area calculated for each room, and calculation of the total floor area. The use of each room shall be identified; and
c. A homeless shelter management plan as required in subsection B of this section; and
d. Any additional drawings or statements demonstrating compliance with the standards required by subsection B of this section.
2. The zoning certificate shall document compliance of the homeless shelter with this chapter and shall be kept on file in the community development department for the duration of the operation of the homeless shelter.
B. Required Standards for Homeless Shelters.
1. Basic Development Standards. A homeless shelter shall conform to all property development standards of the zoning district in which it is located, except as modified by this section.
2. Maximum Number of Beds. A homeless shelter shall contain a maximum of 50 beds to provide overnight accommodation for a maximum of 50 persons. In addition a homeless shelter shall not exceed a ratio of one bed for each 400 square feet of lot area.
3. Off-Street Parking. A homeless shelter shall provide one parking space for every four beds plus one parking space for each employee on the largest shift, plus one parking space for each company vehicle. Otherwise off-street parking shall comply with all applicable provisions of Chapter 18.88 of this title.
4. Length of Stay. No individual or family shall reside in a homeless shelter for more than 90 consecutive days. Extensions up to a total stay of 180 days may be provided if no alternative housing is available.
5. Concentration of Use. The A proposed shelter must be at least 250 feet from any other homeless shelter, however the maximum distance required between shelters may not exceed more than 300 feet from any other homeless shelter.
6. Exterior and Interior Client Areas and Facilities.
a. The following facilities are required:
i. A waiting and client intake area of not less than 10 square feet per bed; ii. A lockable storage facility for each resident;
iii. Separate toilets and bathing facilities for men and women, unless shelter is limited to only one sex;
iv. Central kitchen and dining room.
b. The development may provide one or more of the following specific common
Ordinance No.
facilities for the exclusive use of residents and staff:
i. Recreation room;
ii. Counseling center;
iii. Childcare facilities;
iv. Other support services;
v. Administrative office for staff;
vi. If outdoor designated smoking area is provided it must be compliant with city smoking regulations pursuant to Chapter 9.24 and not visible from a public street; vii. Outdoor activity areas, provided they are separate from any designated smoking area and not visible from a public street.
7. Trash and Recycling Storage Area. All trash and refuse shall be contained completely within a trash enclosure and screened from view. The trash enclosure shall be sized to accommodate both trash and recycling containers.
8. Provision of On-Site Management and Security. On-site management and on-site security shall be provided during the hours when the homeless shelter is in operation. The operator shall provide to the city (on an ongoing basis) a name and 24-hour contact telephone number for the person responsible for the facility.
9. Noise. The use shall be conducted in compliance with the city noise regulations pursuant to Chapter 9.04.
10. Lighting. For security purposes the use shall comply with the minimum lighting requirements for commercial buildings as provided in Chapter 20.36, and to the provisions of Section 18.44.070(D).
11. Homeless Shelter Management Plan. The operator of a homeless shelter shall prepare a management plan that includes, as applicable, the following: staff training to meet the needs of shelter residents; community outreach; adequate security measures to protect shelter residents and surrounding uses; services provided to assist residents with obtaining permanent shelter and income; active participation with the Alameda County Continuum of Care or equivalent; and screening of residents to ensure compatibility with services provided at or through the shelter.
12. Food Service. All food service must comply with the requirements of the Alameda County Department of Environmental Health Food Safety Division.
Amend Chapter 18.144 as follows:
Chapter 18.144 APPEALS
§18.144.010 City council review.
The city council may elect to review an action of the planning commission or zoning administrator at the later of:
A. wWithin 15 days following such action if any member of the city council advises the city clerk in writing that such member wants a review of the action to be brought before the city council;, or
B. aAt its next regular meeting where the action is listed on the agenda as an Action of the Zoning Administrator and Planning Commission, a majority of the city council may vote to review such action, or an individual member of the city council may state that such individual elects to have the council review such action., whichever is later.
If the council elects to review an action and declines to confirm the decision, C. Upon any such election for review of an action, a public hearing shall be held by the council. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title.
Ordinance No.
§18.144.020 Appeal to planning commission or city council.
Where this title provides for an appeal of a decision of the zoning administrator, the Bbuilding Iinspector, or the planning commission, the appeal shall be filed within 15 days of the date of the decision being appealed and shall be filed with the secretary city clerkin the case of an appeal of the zoning administrator or the commission and with the city clerk in the case of an appeal to the city council. The appeal shall be made on a form approved by the commission provided by the city clerk and shall state specifically wherein it is claimed there was an error or abuse of discretion by the person or body making the decision or wherein a decision following a public hearing is not supported by the evidence in the recordthe basis for the appeal. §18.144.030 Public hearing on appeal.
The body designated by this chapter to hear an appeal shall hold at least one public hearing within 40 days of the date when the appeal was filed. The hearing shall be set and notice given as prescribed in Section 18.12.040 of this title. The hearing shall be de novo, and the decision- making body may uphold, deny, condition or (modify a) condition of the application on appeal. §18.144.040 Action on appeal.
Within 40 days following the closing of a public hearing on an appeal, the body hearing the appeal shall render its decision. A decision by the zoning administrator or the planning commission shall become final 15 days after it is made, unless appealed by an interested party or reviewed by the city council,; and a decision by the city council shall be final immediately after it is made.
A. Findings. The decision-making body shall hear all evidence presented and shall make findings supporting its decision.If an appealed decision is reversed or modified, the body hearing the appeal shall, on the basis of the record transmitted and such additional evidence as may be submitted, make the findings required by this chapter as prerequisite to grantingthe application or shall specifically decline to make such findings. §18.144.050 Procedure for Aadministrative appeal procedureto planning commission.
An appeal may be made to the planning commission by any interested party of any administrative determination or interpretation made by: (1) the zoning administrator; or (2) the building inspector under this title.
A. An appeal shall be made on a form prescribed by the commission community development department and shall be filed with the secretarycity clerk.
B. The public hearing on the appeal shall be scheduled as provided in Section 18.144.030, unless the appellant consents to an extension of time.
a. If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time.
C. The planning commission’s hearing on the appeal shall be de novo. The planning commission may affirm, condition or modify condition(s), or reverse any administrative determination or interpretation from which appeal is made, and in making its decision shall be guided by the objectives of this title.
a. The decision of the planning commission shall be rendered within 30 days after filingthe close of the public hearing on the appeal, unless the applicant shall consent to an extension of time.
i. If the party that is the subject of the administrative determination or interpretation is different than the appellant, such party must also consent to such extension of time.
b. A decision of the planning commission may be appealed to the city council by the applicant any interested party within 15 days of the date of the decision or, in the
Ordinance No.
event no decision is rendered, within 15 days following the time period prescribed for a decision by the commission.
c. A decision of the planning commission may be reviewed by the city council as provided in Section 18.144.010.
//
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING
THE PURCHASING PROCEDURES AND MANUAL TO ADD A DEFINITION OF
PUBLIC PROJECT, AND CREATE PROCEDURE FOR EXTRA WORK FOR TIME-
CRITICAL PUBLIC WORKS PROJECT AGREEMENTS
WHEREAS, the California Public Contract Code §§22000 et seq., the Uniform Public Construction Cost Accounting Act establishes a uniform cost accounting standard, which the City adopted by Resolution No. 91-170; and
WHEREAS, the Act in California Public Contract Code §22022(c) provides a definition “public project”; and
WHEREAS, the inclusion of that definition of “public project” into the Purchasing Procedures and Manual would help clarify the types of projects subject to the formal bidding process required for public work projects; and
WHEREAS, Pleasanton Municipal Code Chapter 3.32 and the Manual include procedures for public works project agreements, and the Manual was most recently amended on March 21, 2023, by Resolution No. 23-1373; and
WHEREAS, an amendment is needed to clarify that for time-critical public works projects that the City Manager, Director of Public Works, and Director of Finance can administratively allow for extra work, and then must subsequently bring that amendment to the City Council for ratification and funding allocation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. Amends the Purchasing Procedures and Manual by adding a definition for “public project” to Section 3. Definitions as follows:
3.15. Public Project: “Public project” means any of the following: (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; (2) painting or repainting any publicly owned, leased, or operated facility; (3) in the case of a publicly owned utility system, “public project” shall include only the construction, erection improvement, or repair of dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher. “Public project” does not include maintenance work including all of the following: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) minor repainting; (3) reserving of streets and highways at less than one inch; (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; (5) work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including but not limited to, dams, reservoirs, powerplants, and electrical transmission lines of 230,000 volts and higher.
[and renumber the other definitions]
Resolution No.
SECTION 2. Amends the Purchasing Procedures and Manual by adding a new Section
4.3.5. as follows:
4.3 Public Works Projects.
4.3.5. Administrative agreement amendment in time-critical situations
4.3.5.1. Amendments to increase the scope of work for a previously approved public works project agreement may be administratively approved by the City Manager, Director of Public Works, and Director of Finance in time- critical situations for: (a) agreements approved by the City Council pursuant to 4.3.4., above; and (b) agreements where such extra work would make the revised agreement amount exceed $200,000.
4.3.5.2. A time-critical situation is when an unforeseen circumstance arises during the course of a public works project and an immediate change-order is needed to add extra work or materials to: (a) minimize time that active construction projects impact critical transportation and services (e.g. open trench closing street or park); (b) maintain schedule coordinated with other agencies or utilities (e.g. work timeline during limited season that state agency allows work in stream); or (c) prompt attention reduces total costs (e.g. construction project encounters underground storage tank that must be removed and delay will increase mobilization costs).
Such time-critical determination shall be made in the reasonable judgment of the Director of Public Works and concurrence by the City Manager and Director of Finance or their designees.
4.3.5.2. An amendment to add such time-critical extra work to a public works project agreement may be administratively approved by the City Manager, but must be brought to the City Council for ratification and funding allocation at the next Council meeting when noticing and agenda requirements can reasonably be met.
SECTION 2. This resolution shall be effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on April 16, 2024, by the following vote:
Resolution No.
Ayes:
Noes:
Absent:
Abstain:
___________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
ATTACHMENT 3
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING
THE MASTER FEE SCHEDULE TO UPDATE FEES FOR SMALL WIRELESS FACILITY
APPLICATIONS, AND FINES FOR FALSE ALARMS
WHEREAS, the fees to process a small wireless facility application were adopted in 2019 and have not been updated since that time. Fees are being increased to reflect inflation from 2019 to 2024, and then to provide for an annual inflation adjustment thereafter; and WHEREAS, false alarm fines have not been updated since 1985, and since 95% of alarms are false, that continues to squander police resources. False alarm fines are being increased to reflect current police response costs, provide for an annual inflation adjustment, and encourage proper alarm system operation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. Amends the Master Fee Schedule as follows:
Section II. Planning Division, Subsection B. Application Fees:
Small Wireless Facility Application PMC 18.110*
In the Public Right-of-Way $4,348 On private property $4,088 *These application fees shall be adjusted annually on January 1 st based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland region, rounded to the nearest dollar.
Section V. Police, Subsection A. General:
First false alarm in prior 365-day period $0 Second or third false alarm in prior 365-day period $196 False Alarm Fine* Fourth or more false alarm in prior 365-day period $392 *Such fine amounts shall be adjusted annually on January 1st based on the change in the Consumer Price Index (CPI) for the San Francisco/Oakland region, rounded to the nearest dollar.
SECTION 2. This resolution shall be effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024, by the following vote:
Resolution No.
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
Item #2
CITY COUNCIL AGENDA REPORT
April 16, 2024
City Manager
TITLE: ADOPT A RESOLUTION OPPOSING CALIFORNIA BALLOT INITIATIVE NO. 21- 0042A1, THE TAXPAYER PROTECTION AND GOVERNMENT
ACCOUNTABILITY ACT AND AUTHORIZE JOINING THE CALCITIES
COALITION
SUMMARY
The Taxpayer Protection and Government Accountability Act would revise the California Constitution with provisions that adopt new and stricter rules for raising taxes and fees, limit voters’ authority and input, and may make it more difficult to impose fines and penalties for violation of state and local laws. The proposed constitutional initiative is sponsored by the California Business Roundtable. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. Specifically, the proposed initiative could have significant negative impacts on the City of Pleasanton operations and core service delivery, and as such staff recommends adopting a resolution opposing the measure and joining with public safety, education, labor, local government and infrastructure groups in the CalCities coalition to oppose the measure.
RECOMMENDATION
Adopt a resolution opposing California ballot initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act and authorize joining the CalCities Coalition.
BACKGROUND
On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1 (Attachment 1). On February 1, 2023, the measure qualified for the November 2024 ballot.
The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority in a manner that would significantly impact the ability for local governments to engage in fiscal planning.
DISCUSSION
The proposed measure would restrict the ability of cities to raise taxes and fees, including retroactively. Major provisions of Initiative No. 21-0042A1 include:
Fees and Charges1:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by "clear and convincing evidence."2 The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
• Prohibits fees on new development based on vehicle miles traveled.
Taxes3:
• Taxes and fees adopted after January 1, 2022, that do not comply with the new rules are void unless reenacted.4
• Invalidates the Upland decision that allows a majority of local voters to pass special taxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council. • Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.5 • Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service). • New taxes can only be imposed for a specific time period. • City charters may not be amended to include a tax or fee. • All state taxes require majority voter approval.
Fines and Penalties6:
• May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.
• Local governments levy a variety of fees and other charges to provide core public services.
Major examples of affected fees and charges are:
• Nuisance abatement charges, such as for weed, rubbish, and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
• Commercial franchise fees.
• Emergency response fees.
• Advanced Life Support (ALS) transport charges.
• Document processing and duplication fees.
• Transit fees, tolls, parking fees, and public airport and harbor use fees. • Facility use charges, fees for parks and recreation services, garbage disposal tipping fees.
Under existing law, cities are already required to provide due process before imposing a penalty or fine for violation of their municipal code:
1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].
3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV]. The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk the authority to impose fines and penalties for violations of state and local law.
Virtually every city, county, and special district must regularly (i.e., annually) adopt increases in fee rates and charges and revise rate schedules to accommodate new users and activities.
Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, the League of California Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022. Over 10 years, $20 billion of local government fee and charge revenues will be at heightened legal risk.
Hundreds of local tax measures were approved in 20227 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval. Any such reductions to local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, affordable housing, homelessness prevention, and mental health services.
The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. Specifically, the proposed initiative could have significant negative impacts on the City of Pleasanton operations and core service delivery, and as such staff recommends adopting a resolution opposing the measure (Attachment 2) and authorize
the City of Pleasanton to join with public safety, education, labor, local government and infrastructure groups in the CalCities coalition to oppose the measure.
EQUITY AND SUSTAINABILITY
Protecting the City’s ability to collect fees and charge revenues is vital to ensuring that the services the City provides are available to all members of the Pleasanton community.
OUTREACH
No community outreach was conducted related to this item. The City is a member of the League of California Cities and works collaboratively on items in alignment with the City’s adopted Legislative Framework. City staff will provide education regarding this initiative to the community in the near future.
STRATEGIC PLAN ALIGNMENT
This action aligns with the ONE Pleasanton Strategic Plan goal of Funding our Future as the ability to conduct local fiscal planning and generate sufficient revenue to support City functions is essential to the City's financial stability.
FISCAL IMPACT
The Taxpayer Protection and Government Accountability Act will have a major fiscal impact by lowering tax and fee revenues at both state and local government levels. The extent to which the City's tax and fee revenues will be impacted is difficult to estimate at this point.
1Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
2Initiative No. 21-0042A1 (pg.5; (3))
3Initiative No. 21-0042A1 (pgs.4-6; Section 1 (a)-(j)
4Initiative No. 21-0042A1 (pg.7; Section 6 (Sec. 2)(g)
5Initiative No. 21-0042A1 (pg.6 (3))
6Initiative No. 21-0042A1 (pg. 5 (4))
7http://www.californiacityfinance.com/Votes2211final.pdf
Prepared by: Submitted by: Approved by:
Alexa Jeffress, Deputy City
Manager
Alexa Jeffress, Deputy City Manager
Gerry Beaudin, City
Manager
Attachments:
1. Initiative 21-0042A1 (Taxes)
2. Resolution Opposing Initiative #21-0042A1
BELL, McANDREWS & HILTACHK, LLP
Anabel Renteria
Initiative Coordinator
ATTORNEYS AND COUNSEL-ORS AT I.AW
455 C APIT O L MALL , S UITE 600
SACRAMENT O, CALIFOE=INIA 95014
(916) 44;a-7757
FA X [916) 44-;a-7 7 59
www.bmhlaw. com
January 4, 2022
2 1 - 0 0 4 2
RECEIVED
JAN O 4 2022
Office of the Attorney General
State of California
INITIATIVE COORDINATOR
ATTORNEY GENERAL'S OFFICE
PO Box 994255
Sacramento, CA 94244-25550
Re: Initiative 21-0042 - Amendment Number One
Dear Initiative Coordinator:
Pursuant to subdivision (b) of Section 9002 of the Elections Code, enclosed please find Amendment #1 to Initiative No. 21-0042 "The Taxpayer Protection and Government Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed .
I am the proponent of the measure and request that the Attorney General prepare a circulating title and summary of the measure as provided by law, using the amended language.
Thank you for your time and attention processing my request.
Sincerely,
~~
Thomas W. Hiltachk
Attachment 1
2 1 - 0 0 4 2 Arndt. # /
The Taxpayer Protection and Government Accountability Act [Deleted codified text is denoted in strikeout. Added codified text is denoted by italics and underline.] Section 1. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.S. Census Bureau, California's combined state and local tax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021 alone introduced legislation to raise more than $234 billion in new and higher taxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions more in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of living not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history, costing us a seat in Congress. In the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 26 (2010).
(e) Contrary to the voters' intent, these measures that were designed to control taxes, spending and accountability , have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.
Section 3. Statement of Purpose
(a) In enacting this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot- 1
either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect , and the use of the revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clarify that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy , healthcare, education, and other basic costs of living, and to further protect the existing constitutional limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1{c) of Article XIII A. (e) In enacting this measure, the voters also additionally intend to reverse loopholes in the legislative two thirds vote and voter approval requirements for government revenue increases created by the courts includin g, but not limited to, Cannabis Coalition v. City of Upland, Chamber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, Johnson v. County of Mendocino, Citizens Assn. of Sunset Beach v.
Orange County Local Agency Formation Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article XIII A of the California Constitution is amended to read:
Sec. 3(a} Every levy, charge. or exaction of any kind imposed by state law is either a tax or an exempt charge.
illlJ1l ~ Any change in state statute Jaw which results in any taxpayer paying a new or higher tax must be imposed by an act passed by not less than two-thirds of all members elected to each of the two houses of the Legislature , and submitted to the electorate and approved by a maiority vote, except that no new ad valorem taxes on real property, or sales or transaction taxes on the sales of real property, may be imposed. Each Act shall include:
(A) A specific duration of time that the tax will be imposed and an estimate of the annual amount expected to be derived from the tax.
(BJ A specific and legally binding and enforceable limitation on how the revenue from the tax can be spent.
If the revenue from the tax can be spent for unrestricted general revenue purposes. then a statement that the tax revenue can be spent for "unrestricted general revenue purposes" shall be included in a separate, stand-alone section. Any proposed change to the use of the revenue from the tax shall be adopted by a separate act that is passed by not less than two-thirds of all members elected to each of the two houses of the Legislature and submitted to the electorate and approved by a maiority vote. (2) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, including a measure proposed by an elector pursuant to Article II, include:
{A) The type and amount or rate of the tax;
(BJ The duration of the tax: and
2
(CJ The use of the revenue derived from the tax.
(c} Any change in state law which results in any taxpayer paying a new or higher exempt charge must be imposed by an act passed by each of the two houses of the Legislature. Each act shall specify the type of exempt charge as provided in subdivision (e ), and the amount or rate of the exempt charge to be imposed.
Ml._fbt As used in this section and in Section 9 of Article II, "tax" means every aA1f levy, charge, or exaction of any kind imposed by the State state law that is not an exempt charge. e1<eept the follo•Ning:
(e) As used in this section. "exempt charge" means only the following:
(1) a el:iarge imposes fer a s1=1eeifie eenefit eonferreEl or pri'+'ilege granteEl aireetly to tl:ie 13ayor tl:iat is not 1=1ro>viaeEl to tl:iose not et:iargeEI, anEI whiel:i aoes not e1<ceeEl tl:ie reasonal3Ie costs to tl:ie State of eonferring the benefit or granting the pri¥ilege to the 1=1a¥OF.
ill {-2+ A reasonable charge irnposeEl for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the rnasonable actual costs to the State of providing the service or product to the payor. f.11 ~ A charge in,poseEl for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. (3) A levy, charge. or exaction collected from local units of government. health care providers or health care service plans that is primarily used by the State of California for the purposes of increasing reimbursement rates or payments under the Medi-Cal program, and the revenues of which are primarily used to finance the non-federal portion of Medi-Cal medical assistance expenditures. (4) A reasonable charge iR'l13oseEl for entrance to or use of state property, or the purchase. rental, or lease of state property, except charges governed by Section 15 of Article XI. (5} A fine, or penalty, or other monetary el:large including any applicable interest for nonpayment thereot imposed by the judicial branch of government or the State, as a result of a state administrative enforcement agency pursuant to adiudicatorv due process, to punish a violation of law. (6} A levy, charge, assessment, or exaction collected for the promotion of California tourism pursuant to Chapter 1 (commencing with Section 13995) of Part 4.7 of Division 3 of Title 2 of the Government Code. flL~Any tax or exempt charge adopted after January 1, 2022 ~, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted B'l the begislatuFe anel signea into law ey tl:ie <iio¥ernoF in compliance with the requirements of this section. [gl[.JlJG:} The State bears the burden of proving by a preponEleranee oftl:le clear and convincing evidence that a levy, charge, or other exaction is an exempt charge and not a tax. The State bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. ,tR-a-t tl:ie amouRt is RO n,ore tl:ian neeessary to cover the reasonable costs of the go•.•emn,ental actii,•i:t>,• ane 3
that the manner in •Nhiel.:i these cests are allecated ts a pa·1er bear a fair er reasenable relatienshi13 ts the 13a·1or's b1:1relens on, or benefits reeei11eel from, the go•.ieFRmental actit.iit'( (2) The retention ofrevenue by, or the payment to. a non-governmental entity ofa levv. charge, or exaction of any kind imposed by state law, shall not be a factor in determining whether the levy. charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy, charge, or exaction of any kind as being voluntary, or paid in exchange for a benefit, privilege, allowance, authorization, or asset, shall not be a factor in determining whether the levy, charge, or exaction is a tax or an exempt charge. /4} The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge. (h) As used in this section:
(1) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor, and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(2) "Extend" includes, but is not limited to, doing any of the following with respect to a tax or exempt charge: lengthening its duration. delaying or eliminating its expiration, expanding its application to a new territory or class ofpayor, or expanding the base to which its rate is applied. (3) "Impose" means adopt, enact, reenact, create, establish, collect, increase or extend. (4) "State law" includes, but is not limited to. any state statute, state regulation, state executive order. state resolution, state ruling, state opinion Jetter, or other legal authority or interpretation adopted, enacted. enforced, issued, or implemented by the legislative or executive branches of state government. "State law" does not include actions taken by the Regents of the University of California, Trustees of the California State University, or the Board of Governors of the California Community Colleges.
Section 5. Section 1 of Article XIII C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
{a) "Actual cost" of providing a service or product means: (i) the minimum amount necessary to reimburse the government for the cost of providing the service or product to the payor. and {ii) where the amount charged is not used by the government for any purpose other than reimbursing that cost. In computing "actual cost" the maximum amount that may be imposed is the actual cost less all other sources of revenue including, but not limited to taxes. other exempt charges, grants, and state or federal funds received to provide such service or product.
(b) "Extend" includes, but is not limited to. doing any of the following with respect to a tax. exempt charge, or Article XIII D assessment. fee, or charge: lengthening its duration, delaying or eliminating its expiration. expanding its application to a new territory or class of payor, or expanding the base to which its rate is applied.
4
.lfl..W
11 General tax" means any tax imposed for general governmental purposes. (d} "Impose" means adopt, enact, reenact, create, establish, collect, increase, or extend. {clJb} "Local government" means any county, city, city and county, including a charter city or county, any special district, or any other local or regional governmental entity, or an elector pursuant to Article fl or the initiative power provided by a charter or statute . (f) "Local law" includes. but is not limited to, any ordinance, resolution, regulation. ruling, opinion letter, or other legal authority or interpretation adopted, enacted, enforced, issued, or implemented by a local government.
{gl_{t} "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. f11L{d} "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund.
111 i@} As used in this article, and in Section 9 of Article II, "tax" means every aRV-levy, charge, or exaction of any kind, imposed by a local go,;ernmeRt law that is not an exempt charge., exeept tl=le fellowiRg:
(i) As used in this section, "exempt charge" means only the following:
(1) A cl=large imposeel fer a speeifie beAefit eoAferreel or pri,;ilege graAteel eliFeetl')' to tl=le pa1,ior tl=lat is Rot pre1,•ieleel to these Rot ehargea, aA£l which £lees Rot exeeeel tl=le reaseAable costs to tl=le loeal gm,·ernFAeAt of conferriAg the beAefit or graAting tl:1e pri¥ilege.
ill R} A reasonable charge imposes for a specific local government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasoAable actual costs to the local government of providing the service or product. fl1 WA charge im13ose£l for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.
W {4t A reasonable charge imposeel for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
Ml. fSt A fine, or penalty, or other FAOA@tar,· eharge including any applicable interest for nonpayment thereat imposed by the judicial branch of government or a local government administrative enforcement agency pursuant to adiudicatorv due process, as a res1,1lt of to punish a violation of law. ill -f6t A charge imposed as a condition of property development. No levv, charge, or exaction regulating or related to vehicle miles traveled may be imposed as a condition of property development or occupancy. f.i1 f7t An AssessFAeRts a Rel property relate el fees assessment. fee. or charge imJ;1oseel iA aeeoraanee witl=l the pro¥isio A5 of subject to Article XI 11 D, or an assessment imposed upon a business in a tourism marketing district, a parking and business improvement area, or a property and business improvement district. 5
(7) A charge imposed for a specific health care service provided directly to the payor and that is not provided to those not charged. and which does not exceed the reasonable costs to the local government of providing the health care service. As used in this paragraph, a "health care service" means a service licensed or exempt from licensure by the state pursuant to Chapters 1. 1.3, or 2 of Division 2 of the Health and Safety Code.
The local government bears the b1:1rden of proving by a preponderance of the e .. ·ielence that a lew, charge, or other exaction is not a ta1<, that the amo1:1nt is no more than necessaPJ' to cover the reasonable costs of the go•,ernfflental acti•.«ity anel that tJ:ie manner in which those costs are allocateel to a pa•ror bear a fair or reasonable relationship to the pa•ror's blslrdens on, or bene:fits receiveel from, the go1a1ernmental acfa•ity.
Section 6. Section 2 of Article XIII C of the California Constitution is amended to read :
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(a) Every levy. charge. or exaction of any kind imposed by local law is either a tax or an exempt charge. All taxes imposed by any local government shall be deemed to be either general taxes or special taxes. Special purpose districts or agencies, including school districts, shall have no power to levy general taxes. (b) No local Jaw go,.·ernment whether proposed by the governing body or by an elector, may impose, extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A general tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the local government, except in cases of emergency declared by a unanimous vote of the governing body. (c) An•r general tax imposed, el<tended, or increaseel, •.-.iitho1:1t •.·oter approval, lay any local go,.·ernment on or after Janlslary 1, 1995, ana prior ta the effecti,.·e date of this article, shall contin1:1e to be imposed only if appro,.·ea b1• a majority vote of the voters voting in an election OR the issye of the in:iposition, whicl::i election sl::iall be l::ield witl::iin t•Ne 1•ears ef the effectii.ie date of this article and in com13liance with slslbdi\·isien (b}. {El) No local law government. whether proposed by the governing body or by an elector. may impose, eMteRd, er increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. {d) The title and summary and ballot label or question required for a measure pursuant to the Elections Code shall. for each measure providing for the imposition of a tax, include:
(1) The type and amount or rate of the tax;
(2) the duration of the tax; and
(3) The use of the revenue derived from the tax. If the proposed tax is a general tax. the phrase "for general government use" shall be required, and no advisory measure may appear on the same ballot that would indicate that the revenue from the general tax will. could. or should be used for a specific purpose. (e) Only the governing body of a local government. other than an elector pursuant to Article II or the initiative power provided by a charter or statute. shall have the authority to impose any exempt charge.
The governing body shall impose an exempt charge by an ordinance specifying the type of exempt charge 6
as provided in Section l(i) and the amount or rate of the exempt charge to be imposed. and passed by the governing body. This subdivision shall not apply to charges specified in paragraph (7) of subdivision (i) of Section 1.
ff) No amendment to a Charter which provides for the imposition, extension, or increase of a tax or exempt charge shall be submitted to or approved by the electors. nor shall any such amendment to a Charter hereafter submitted to or approved by the electors become effective for any purpose. (q) Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the requirements of this section.
{h)(1) The focal government bears the burden of proving by clear and convincing evidence that a levy, charge or exaction is an exempt charge and not a tax. The local government bears the burden of proving by clear and convincing evidence that the amount of the exempt charge is reasonable and that the amount charged does not exceed the actual cost of providing the service or product to the payor. (2} The retention of revenue by, or the payment to, a non-governmental entity of a levy. charge, or exaction of any kind imposed by a local law, shall not be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
(3) The characterization of a levy. charge. or exaction of any kind imposed by a local law as being paid in exchange for a benefit. privilege, allowance, authorization, or asset, shall not be factors in determining whether the levy, charge, or exaction is a tax or an exempt charge. (4) The use of revenue derived from the levy, charge or exaction shall be a factor in determining whether the levy, charge, or exaction is a tax or exempt charge.
Section 7. Section 3 of Article XIII D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges Limited (a) No tax, assessment, fee, 6f charge, or surcharge, including a surcharge based on the value ofpropertv, shall be assessed 13y a Ry ageRC'f upon any parcel of property or upon any person as an incident of property ownership except:
(1) The ad valorem property tax impeseEI p1::1rsYaRt te described in Section 1(a) of Article XIII and Section 1/a) of Article XIII A, and described and enacted pursuant to the voter approval requirement in Section 1/b) Q[Article XII I A.
(2) Any special non-ad valorem tax receiving a two-thirds vote of qualified electors pursuant to Section 4 of Article XIII A, or after receiving a two-thirds vote of those authorized to vote in a community facilities district by the Legislature pursuant to statute as it existed on December 31, 2021. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7
(b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article XIII are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the full value.
(b) All property so assessed shall be taxed in proportion to its full value. (c) All proceeds from the taxation of property shall be apportioned according to law to the districts within the counties.
Sec. 14. All property taxed by state or local government shall be assessed in the county, city, and district in which it is situated. Notwithstanding any other provision of/aw, such state or local property taxes shall be apportioned according to law to the districts within the counties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) In the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. In the event that this initiative measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions ofthe other initiative measure or measures shall be null and void. (2) In furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordabili ty and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act," both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) If this initiative measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is later held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. If any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8
declared invalid or unconstitutional without regard to whether any portion of this Act or application thereof would be subsequently declared invalid.
D. If this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or federal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 ofTitle 2 of the Government Code or any other law, the Attorney General shall appoint independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counsel that independent counsel will faithfully and vigorously defend this Act. The written affirmation shall be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervening to defend this Act.
9
Attachment 2
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON TO OPPOSE CALIFORNIA STATE BALLOT INITIATIVE #21-0042A1
WHEREAS, an association representing California’s wealthiest corporations is spending tens of millions of dollars to promote a deceptive ballot measure currently eligible for the November 2024 statewide ballot; and
WHEREAS, the measure creates constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, which could force residents and taxpayers to pay more to maintain services; and WHEREAS, the measure threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, the measure is an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments – costing taxpayers many millions and stopping investments in vital local services; and WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. That the City of Pleasanton opposes Initiative #21-0042A1.
SECTION 2. That the City of Pleasanton will join the “Stop the Taxpayer Deception Act” coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
We direct staff to email a copy of this adopted resolution to the League of California Cities at [email protected].
Resolution No. 24
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held the 16th day of April 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________
Daniel G. Sodergren, City Attorney
Item #3
CITY COUNCIL AGENDA REPORT
April 16, 2024
City Clerk
TITLE: ADOPT A RESOLUTION AMENDING THE LOCAL CONFLICT OF INTEREST
CODE AND UPDATING THE LIST OF DESIGNATED POSITIONS REQUIRED TO
FILE STATEMENTS OF ECONOMIC INTERESTS
SUMMARY
California law requires the City to regularly update its local conflict of interest code. The proposed resolution updates the local conflict of interest code to reflect the state’s amendments to the model code, as well as changed staff positions subject to public disclosure requirements.
RECOMMENDATION
Adopt a resolution amending the local Conflict of Interest Code and updating the list of designated positions required to file Statements of Economic Interests.
BACKGROUND
The California Political Reform Act (the Act) requires each city to adopt a local conflict of interest code (See California Government Code (GC) §§81000 et seq. and GC §§ 87306 and 87306.5). The policy goal of the Act is to ensure that public officials do not make government decisions in which the official has a financial conflict of interest. The California Fair Political Practices Commission (FPPC) adopts a model local conflict of interest code which cities may adopt as their own local code.
Pleasanton has historically adopted the FPPC’s model local code with modifications that reflect Pleasanton’s elected officials, appointed commissioners and committee members, and staff positions subject to varying levels of public disclosure of economic interests. The City last updated its local conflict of interest code in 2022 (Resolution No. 22-1329). This current update reflects changes to the FPPC’s model code, as well as changed staff positions and commissions.
DISCUSSION
Since the last update of the City’s local conflict of interest code, the FPPC has made changes to its model local conflict of interest code (See Title 2 Cal. Code of Regs. §18730).
In addition, City staff titles and positions resulting from the creation of the new Public Works Department are included, as well as any new or removed commissions resulting from the committee and commission restructure approved by the City Council this spring.
The proposed resolution amending the local conflict of interest code (Attachment 1) includes the FPPC’s model code in Exhibit A, and the revised City positions in Appendix A (as highlighted).
EQUITY AND SUSTAINABILITY
Not applicable, as this item is an administrative matter of City business.
OUTREACH
Not applicable, as this item is an administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is an administrative matter of City business.
FISCAL IMPACT
The proposed action updates existing code, so there is generally no financial impact.
Prepared by: Submitted by: Approved by:
Danielle Diaz, Deputy City
Clerk
Jocelyn Kwong, City Clerk
Gerry Beaudin, City
Manager
Attachments:
1. Resolution of Local Conflict of Interest Code
ATTACHMENT 1
RESOLUTION NO. 24-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING
THE LOCAL CONFLICT OF INTEREST CODE, AND UPDATING THE LIST OF
DESIGNATED POSITIONS REQUIRED TO FILE STATEMENTS OF ECONOMIC
INTERESTS
WHEREAS, the California Political Reform Act requires each public agency to adopt a local Conflict of Interest Code (see Cal. Government Code §§87306 and 87306.5); and WHEREAS, the California Fair Political Practices Commission (“FPPC”) has a Model Local Conflict of Interest Code at Title 2 Cal. Code of Regulations §18730 that can be incorporated by reference by any city or county as its Local Conflict of Interest Code, which the City did by Resolution No. 22-1329; and
WHEREAS, such local Conflict of Interest Code designates employees and elected and appointed officials who are involved in governmental decision-making, and requires some of them to make certain public disclosures regarding their sources of income (such as investments, interests in real property and business positions), in order to avoid potential conflicts of interest.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pleasanton, that the FPPC’s Model Code, attached as Exhibit A and any amendments to it duly adopted by the FPPC, and Appendices A and B, are hereby incorporated by reference and shall constitute the Local Conflict of Interest Code for the City.
BE IT FURTHER RESOLVED that persons holding designated positions listed in the Appendices shall file Statements of Economic Interest pursuant to Section 5 of the Local Conflict of Interest Code with the information required for the disclosure categories assigned to them. The City Clerk shall retain the statements and make them available upon public request.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on April 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of April 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
__________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel Sodergren, City Attorney
Resolution No. 24-XXXX
EXHIBIT A
Adoption by reference of the FPPC Model
Local Conflict of Interest Code
2 C.C.R. § 18730. Provisions of Conflict of Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Section 87300 or the amendment of a conflict of interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest.
(b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows:
(1) Section 1. Definitions.
The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees.
The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories.
This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq.
In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply:
(A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency;
(B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and
(C) The filing officer is the same for both agencies.1
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Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in the employee's statement of economic interests those economic interests the employee has which are of the kind described in the disclosure categories to which the employee is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which the employee foreseeably can affect materially through the conduct of the employee's office. (4) Section 4. Statements of Economic Interests: Place of Filing.
The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment.
(B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed.
(C) Annual Statements. All designated employees shall file statements no later than April 1. If a person reports for military service as defined in the Servicemember's Civil Relief Act, the deadline for the annual statement of economic interests is 30 days following the person's return to office, provided the person, or someone authorized to represent the person's interests, notifies the filing officer in writing prior to the applicable filing deadline that the person is subject to that federal statute and is unable to meet the applicable deadline, and provides the filing officer verification of the person's military status. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office.
(5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office.
Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided the person did not make or participate in the making of, or use the person's position to influence any decision and did not receive or become entitled to receive any form of payment as a result of the person's appointment. Such persons shall not file either an assuming or leaving office statement.
(A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following:
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(1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation the person did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position.
(6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements.
Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements.
Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively.
(C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754.
(D) Contents of Leaving Office Statements.
Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting.
Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:
(A) Investment and Real Property Disclosure.
When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following:
1. A statement of the nature of the investment or interest;
2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged;
3. The address or other precise location of the real property;
Resolution No. 24-XXXX
4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000.
(B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain:
1. The name and address of each source of income aggregating $590 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source;
2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000;
3. A description of the consideration, if any, for which the income was received;
4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received;
5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan.
(C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain:
1. The name, address, and a general description of the business activity of the business entity;
2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000.
(D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which the employee is a director, officer, partner, trustee, employee, or in which the employee holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity.
(E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria.
(A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
Resolution No. 24-XXXX
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section.
(D) This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506.
(8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $590 [in 2024 with amount subject to regular adjustment per 2 C.C.R. 18940.2]. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $520 [in 2022; with amount subject to adjustment per 2 C.C.R. 18940.2] in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on the member's or employee's statement of economic interests.
(B) This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official.
(C) Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section.
(8.2) Section 8.2. Loans to Public Officials.
(A) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of the election to office through the date that the officer vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status.
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(D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while the official holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual.
(E) This section shall not apply to the following:
1. Loans made to the campaign committee of an elected officer or candidate for elective office.
2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans from a person which, in the aggregate, do not exceed $500 at any given time.
4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms.
(A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of the officer's election to office through the date the officer vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan.
(B) This section shall not apply to the following types of loans:
1. Loans made to the campaign committee of the elected officer.
2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister- in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section.
3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code.
(8.4) Section 8.4. Personal Loans.
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(A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances:
1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired.
2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following:
a. The date the loan was made.
b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans:
1. A loan made to the campaign committee of an elected officer or a candidate for elective office.
2. A loan that would otherwise not be a gift as defined in this title.
3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due.
4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations.
5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy.
(C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code.
(9) Section 9. Disqualification.
No designated employee shall make, participate in making, or in any way attempt to use the employee's official position to influence the making of any governmental decision which the employee knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of the official's immediate family or on:
(A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more;
(B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more;
(C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value
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provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made;
(D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $500 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation.
No designated employee shall be prevented from making or participating in the making of any decision to the extent the employee's participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make the employees' participation legally required for purposes of this section.
(9.5) Section 9.5. Disqualification of State Officers and Employees.
In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use the official's position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of the official's immediate family has, within 12 months prior to the time when the official action is to be taken:
(A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more.
(10) Section 10. Disclosure of Disqualifying Interest.
When a designated employee determines that the employee should not make a governmental decision because the employee has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest.
(11) Section 11. Assistance of the Commission and Counsel.
Any designated employee who is unsure of the duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for the employee's agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion.
(12) Section 12. Violations.
This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003.
Resolution No. 24-XXXX
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1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer.
4 Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act.
However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater.
5 A designated employee's income includes the employee's community property interest in the income of the employee's spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer.
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Appendix A
CITY OF PLEASANTON LOCAL CONFLICT OF INTEREST CODE
LIST OF DESIGNATED POSITIONS1
Position Disclosure Category
Assistant City Attorney 1
Assistant City Manager 1
Assistant Director of Library and Recreation 2
Assistant Director of Public Works/Engineering Services/City Engineer 1
Assistant Director of Public Works/Operations & Maintenance 1 Assistant Director of Public Works/Utilities & Environmental Services 1
Assistant Fire Marshal 4
Assistant Planner 2
Assistant to the City Manager 3
Associate Planner 2
Battalion Chief 3
Building Inspector 2
Building Inspector, Lead 2
Building Inspector, Senior 2
Business Manager – Fire 2
Chief Building Official 1
City Clerk 1
Community Relations Manager/PIO 3
Construction Inspectors 2
Construction Services Manager 2
Consultant *
Deputy City Attorney 1
Deputy City Manager 1
Deputy Director of Public Works/Transportation 1
Deputy Director of Community Development/Traffic Engineer 1 Deputy Director of Community Development/Planning & Permit Center Manager 1
Deputy Fire Chief 1
Director of Community Development 1
1 The positions of mayor, councilmember, planning commissioner, city manager and city attorney are governed directly by state statutes under the Political Reform Act.
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Position Disclosure Category
Director of Finance 1
Director of Human Resources and Labor Relations 1
Director of Information Technology 1
Director of Library & Recreation 1
Director of Public Works 1
Economic Development Manager 3
EMS Manager - Fire 3
Emergency Preparedness Manager 3
Environmental Services Manager 2
Financial Services Manager/Accounting 2
Financial Services Manager/Treasury 1
Fire Chief 1
Fire Inspector 4
Fire Marshal 4
Hazardous Materials Coordinator 4
Hazardous Materials Inspector 4
Hearing Officer (including alternates) 1
Housing Division Program Manager 3 & 5
Human Resources Manager 3
Library Manager 3
Management Analyst 3
Members Bicycle, Pedestrian and Trails Committee (except representative from the Youth Commission) 3 & 5
Members Civic Arts Commission (except youth member) 3
Members Energy and the Environment Commission (except youth member) 3
Members Human Services Commission (except youth member) 3 Members Library Commission (except youth member) 3
Members Parks & Recreation Commission (except youth member) 3 Operations & Maintenance Manager 3
Parks Division Manager 3
Police Captain 1
Police Chief 1
Police Lieutenant 1
Police Support Services Manager 3
Principal Planner 1
Recreation Manager 3
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Position Disclosure Category
Senior Civil Engineer 1
Senior Plan Checker 1
Senior Planner 2
Senior Transportation Engineer 1
Special Projects Manager/Finance 2
Training & Emergency Services Manager 3
Utilities Division Manager 3
Utilities Planning Manager 3
* Consultant would be advised regarding disclosure requirements specific to consultant’s scope of work.
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Appendix B
CITY OF PLEASANTON LOCAL CONFLICT OF INTEREST CODE
DISCLOSURE CATEGORIES
GENERAL PROVISIONS
Any person holding a designated position is required to disclose any financial interests which include some or all of the following: investments, real property interests and other sources of income. An employee needs only to disclose investments of business entities and sources of income which do business in the City, plan to do business in the City or have done business in the City within the past two years, unless otherwise specifically changed in the disclosure categories specified below. Income from the City need not be disclosed. In addition to other activities, a business entity is doing business with the City if it owns real property in the City.
Business position disclosure included businesses in which the employee is a director, officer, partner, trustee, employee, or holds any position of management. When a person holding a designated position is required to disclose interests in real property, that person need only disclose real property which is located in whole or in part within or not more than two miles outside the boundary for the City or within two miles of any land owned by the City of Pleasanton. The principal residence or any other property used as a personal residence of the employee need not be disclosed. Persons holding a designated position shall disclose their financial interest pursuant to the appropriate disclosure categories as described in Appendix A.
DISCLOSURE CATEGORIES
Category 1: Designated officials and employees in this disclosure category shall disclose all sources of income, interests in real property and investments and business positions in business entities.
Category 2: Designated officials and employees in this disclosure category shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials, machinery or equipment of the type utilized by the city.
Category 3: Designated officials and employees in this disclosure category shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment of the type utilized by the designated employee’s department or division.
Members of the Civic Arts Commission (except the youth member) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to fine arts, crafts and performing arts.
Members Bicycle, Pedestrian and Trails Committee (except representative from Youth Commission and non-voting members) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to architecture, design, and engineering related to bicycle and pedestrian trails, paths, and bike lanes.
Resolution No. 24-XXXX
Members of the Energy and Environment Commission (except the youth representative) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to water and energy conservation, alternative fuels, environmental consulting, waste and pollution reduction, and clean energy.
Members of the Housing Commission shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to rental housing management and/or development, for sale housing development, and affordable housing.
Members of the Human Services Commission (except youth member) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to services for food insecure, homeless, disadvantaged youth, low-income seniors, and persons with special needs.
Members of the Library Commission (except youth member) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to services for library book circulation, library furniture, book publishers, and library architects.
Members of the Parks and Recreation Commission (except youth member) shall disclose all investments and business positions in business entities and sources of income which provide services, supplies, materials or equipment related to playground equipment, artificial turf, landscape supplies, landscape architects, playground architects, and sports and activities program providers.
Category 4: Designated officials and employees in this disclosure category shall disclose all investments and business positions in business entities and sources of income, interests in real property which are subject to the regulations, permits or licensing authority of the city.
Category 5: All designated officials and employees in this disclosure category shall disclose all investments and business positions in business entities, and sources of income which engage in land development, construction, acquisition or sale of real property, and all interests in real property.
Item #4
CITY COUNCIL AGENDA REPORT
April 16, 2024
Library and Recreation
TITLE: ENACT REVISIONS TO COMMISSION STRUCTURE: INTRODUCE AN
ORDINANCE MODIFYING THE DUTIES, MEMBERSHIP AND MEETING
FREQUENCY OF THE CIVIC ARTS, HUMAN SERVICES, LIBRARY, AND PARKS
AND RECREATION COMMISSIONS BY AMENDING PLEASANTON MUNICIPAL CODE TITLE 2, CHAPTERS 2.39, 2.28, 2.34 AND 2.32
SUMMARY
Evaluation of the City’s commission and committee structure is included in the ONE Pleasanton Strategic Plan goal of Optimizing Our Organization as part of a strategy to evaluate and enhance community engagement opportunities. The City currently has seven commissions and three committees, with Council appointed representatives on each. To better align with the City’s organizational structure, streamline opportunities for community input and engagement, and increase efficiency for the commission and committee members as well as supporting staff members, the City Council voted to create an ad-hoc subcommittee (Arkin, Balch) to discuss commission and committee restructure and present a recommendation for City Council’s consideration.
The City Council reviewed the first set of recommendations from the ad hoc subcommittee in October 2023, and voted to refer the reorganization of the Civic Arts, Human Services, Library and Parks and Recreation Commissions to the ad hoc subcommittee for further review. At its February 20, 2024, meeting, the City Council voted affirmatively to modify the membership and meeting frequency of Civic Arts, Human Services, Library, and Parks and Recreation Commissions. The City Council also requested that staff work with the commissions to update and clarify the duties for each.
RECOMMENDATION
Enact revisions to commission and committee structure: introduce an ordinance modifying the duties, membership and meeting frequency of the Civic Arts, Human Services, Library, and Parks and Recreation Commissions by amending PMC chapters 2.39, 2.28, 2.34 and 2.32.
BACKGROUND
Current Structure
Commissions are codified in the City’s municipal code (PMC) and provide policy input on a broad range of topics within a specific area of expertise and focus. The number of members on each commission varies, as does the frequency of meetings. An overview of the current structure of the subject commissions as previously presented to the City Council is provided for reference.
Civic Arts Commission
• Members: 9 (7 Regular, 1 Youth, and 1 Alternate)
• Liaison Department: Library and Recreation
• Role: Promote the acquisition, construction and installment of works of public art in Pleasanton. Make recommendations to the City Council regarding the City Civic Arts Program and Community Grants.
• Legislative body: No
• Frequency of Meetings: At least four times per year
Human Services Commission
• Members: 9 (7 Regular, 1 Youth, and 1 Alternate)
• Liaison Department: Library and Recreation
• Role: Advise the City Council on the human service needs of the community and methods of fulfilling these needs. Particular emphasis is given by the commission to the human service needs of the socially and economically disadvantaged, the elderly and the youth of the community.
• Legislative body: No
• Frequency of Meetings: Monthly
Library Commission
• Members: 9 (7 Regular, 1 Youth, and 1 Alternate)
• Liaison Department: Library and Recreation
• Role: Advise the City Council on matters related to the Pleasanton Library and library services in general. Promote the use of library services to the community. • Legislative body: No
• Frequency of Meetings: Monthly
Parks and Recreation Commission
• Members: 7 (5 Regular, 1 Youth, and 1 Alternate)
• Liaison Department: Library and Recreation (with support from Engineering and Operations Services [now Public Works])
• Role: Advises the City Council on matters related to the development and provision of services pertaining to parks and recreation facilities, programs and services. • Legislative body: No
• Frequency of Meetings: Monthly
DISCUSSION
New Commission Structure
At its meeting on February 20, 2024, the City Council reviewed alternatives for restructuring.
The direction from the City Council’s discussion was to 1) create seven member commissions which would include one youth member and no alternate; 2) modify the meeting frequency to at least six times per year; and 3) work with the commissions to update and clarify the duties, including the development of a commission workplan to be approved by City Council. The new
commission structure is described below.
Civic Arts Commission
• Members: 7 (6 Regular and 1 Youth)
• Liaison Department: Library and Recreation
• Role: Promote the acquisition, construction and installment of works of public art in Pleasanton. Make recommendations to the City Council regarding the City Civic Arts Program and Community Grants.
• Legislative body: No
• Frequency of Meetings: At least six times per year
Human Services Commission
• Members: 7 (6 Regular and 1 youth)
• Liaison Department: Library and Recreation
• Role: Advise the City Council on the human service needs of the community and methods of fulfilling these needs. Particular emphasis is given by the commission to the human service needs of the socially and economically disadvantaged, the elderly and the youth of the community.
• Legislative body: No
• Frequency of Meetings: At least six times per year
Library Commission
• Members: 7 (6 Regular and 1 youth)
• Liaison Department: Library and Recreation
• Role: Advise the City Council on matters related to the Pleasanton Library and library services in general. Promote the use of library services to the community. • Legislative body: No
• Frequency of Meetings: At least six times per year
Parks and Recreation Commission
• Members: 7 (6 Regular and 1 youth)
• Liaison Department: Library and Recreation (with support from Engineering and Operations Services)
• Role: Advises the City Council on matters related to the development and provision of services pertaining to parks and recreation facilities, programs and services. • Legislative body: No
• Frequency of Meetings: At least six times per year
The staff liaisons for the Civic Arts, Human Services, Library, and Parks and Recreation Commissions reviewed the duties of the commissions to align their purview, while allowing for subject-matter specificity on each commission. Staff then presented proposed updates to the
duties to each of the commissions at its February meeting. Recommendations and edits from each commission were then incorporated into the revised duties. All commission duties now include development of a commission workplan to be reviewed by the City Council in alignment with the ONE Pleasanton Strategic Plan (as also applied to all other City commissions and committees) and concurrent with the City's budget process and timing.
Recommending policies to the City Council, reviewing program and service plans, advising the City Council on capital improvement projects, and acting as advocates, liaisons and community leaders are included for each of the commissions as related to the commission's specific subject area. For the Civic Arts and Human Services Commissions, there are also duties to recommend community grant funding allocations to the City Council. The specific language for each commission's duties are included in Attachment 1.
Implementation
At the time of this report, the Library and Parks and Recreation Commissions are currently recruiting additional members to meet the new membership structure. Civic Arts and Human Services Commission reductions will take place over time through attrition, such that staff recommends the City Council not appoint commissioners for a second term until the new membership structure is achieved. With this approach, the Civic Arts Commission will reach seven commissioners by April 30, 2025, and the Human Services Commission will reach seven commissioners by April 30, 2026. During this time, youth members will continue to be recruited for commissions even when the total number of commissioners exceeds seven.
Commission/Committee Membership Requirements
Additionally, commission members must meet several requirements to remain in good standing, including compliance with City procedures regarding attendance, mandatory ethics training and annual filing of Form 700 Statement of Economic Interests (if applicable). There are currently policies that would allow the City Council to remove commissioners who do not meet these requirements; bi-annual reporting will be provided to the City Council in January and July of each year for City Council direction.
EQUITY AND SUSTAINABILITY
This action will complete the review and restructure of City commissions and committees to better align with the City's organizational structure, increase efficiency for commission and committee members as well as supporting staff, and streamline opportunities for community input and engagement. Having a revised structure and clarified duties will help encourage interest from all members of the community in serving on a commission or committee.
OUTREACH
Members of all City commissions and committees were notified of the City Council's February 2023 review of the proposed reorganization, its subsequent October 2023 discussion of recommendations for restructuring, and the February 20, 2024, discussion of the Civic Arts, Human Services, Library, and Parks and Recreation Commission. With the February 2024 City Council direction, staff met with each commission to discuss the proposed updates to duties at regularly or specially scheduled commission meetings. Accordingly, all current commission members for these four commissions have been notified of this report to the City Council.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton goal of Optimizing Our Organization, Strategy 4 -
Evaluate the organization’s structure of community engagement opportunities (such as commissions and committees, and citizens’ academy) to improve information sharing, optimize staff efficiency, and provide greater service to the community.
FISCAL IMPACT
There is no financial impact associated with this item.
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. Ordinance modifying membership
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE TITLE 2 TO MODIFY THE DUTIES, MEMBERSHIP
AND MEETING FREQUENCY OF THE CIVIC ARTS, HUMAN SERVICES, LIBRARY,
AND PARKS AND RECREATION COMMISSIONS
WHEREAS, the City’s advisory commissions provide important focus on key issues for various segments of the community, for which the commissions then distill, add their own expertise, and make recommendations to the City Council; and
WHEREAS, from Fall of 2023 through Spring of 2024, the City Council was involved with commission and committee reorganization, and the Civic Arts, H uman Services, Library, and Parks and Recreation Commissions have also met to review and make recommendations for updates to their commission's respective duties.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Finds that the proposed amendments to the Pleasanton Municipal Code have no possibility to have a significant effect on the environment per Title 14 California Code of Regulations (CEQA Guidelines) § 15061(b)(3).
SECTION 2. Amends the Pleasanton Municipal Code as shown in Exhibit A , attached, and incorporated by this reference, to modify the duties, membership, and meeting frequency of the Civic Arts, Human Services, Library, and Parks and Recreation Commissions.
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 April 16, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
ATTACHMENT 1
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 1
EXHIBIT A
CIVIC ARTS COMMISSION
For the Civic Arts Commission, amend §2.39.020 Duties as follows:
§2.39.020 Duties
The duties of the Pleasanton Civic Arts cCommission shall include the following: have the power and duty to
1. Develop a commission workplan to be provided to City Council for consideration during the budget process. The workplan should be based on the goals and strategies outlined in the ONE Pleasanton Strategic Plan as well as the role of the commission.
2. Review and recommend policies and plans to the City Council related to Arts and Culture.
3. Seasonally, review the adopted Civic Arts budget, program and service plans, and key performance indicators.
4. Advise the City Council on services and capital projects related to Arts and Culture.
5. Review and provide recommendations for all works of art to be acquired, relocated, altered or removed by the city as outlined in the Pleasanton Municipal Code Section
13.16. 6. As a community leader, receive Arts and Culture related feedback from the community.
7. Act as an advocate for Arts and Culture within the community.
8. Review and recommend grant funding allocations to City Council for the Community Grant Program, Civic Arts Category.
9. Serve as liaison between the city and other Arts and Culture-related entities including, but not limited to: local municipalities, local nonprofits, Alameda County, state, and national agencies.
A. Act in an advisory capacity to the city council in all matters pertaining to the arts and culture of the city.
B. Recommend to the city council the adoption of such ordinances, rules and regulations as it may deem necessary for the administration and preservation of fine arts and performing arts.
C. Work cooperatively with city boards and commissions, city departments, and other public and private organizations in creating and promoting art and cultural programs and activities within the city.
D. Review and recommend grant funding to arts-related, non-profit organizations in the community that are providing additional non-competitive arts programming.
E. Serve as the art and culture ambassadors to the general public.
F. Advocate to the public about the city's arts programs and policies.
G. Review and make recommendations upon all works of art to be acquired by the city, either by purchase, gift, or otherwise pursuant to art in public places Chapter 13.16.
H. Review and make recommendations with reference to any existing work of art in the public art collection in connection with: (1) the relocation or alteration thereof; or (2) the removal of;
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 2
pursuant to the deaccession policy generally described in the Pleasanton Downtown Public Art Master Plan, as may be amended.
I. Recommend the promulgation of policies and procedures for the development and implementation of public art in the city.
J. With city council approval, apply for and accept gifts, grants, funds, contributions and bequests from individuals and public and private entities, agencies, foundations, trusts, corporations and other organizations or institutions that are arts and culture related.
K. Other powers and responsibilities as outlined in other sections of this chapter and as may be appropriate in carrying out the purposes and goals of this chapter and as set forth in reports or recommendations adopted by the city council.
§2.39.030 Membership-Appointments
A. The commission shall have seven regular commissioners, including one youth member (collectively the “commissioners”) , and one alternate commissioner all of whom shall be residents of the city.
B. The youth member shall be a minimum age of a high school freshman.
C. The regular Ccommissioners, the youth member, and alternate commissioner shall be appointed by the mayor, subject to ratification by the city council, as provided in the adopted city council resolution establishing procedures for appointments to boards and commissions.
D. Commissioners shall be eligible to participate in all activities of the commission except that the alternate commissioner shall vote only in the event of absence or conflict of interest of one of the regular commissioners.
E. The alternate commissioner may serve as a voting member on any subcommittee of the commission and may be designated as the commission’s representative to other boards and commissions.
F.E. Commissioners shall be compensated as established by city council resolution.
§ 2.39.040 Term of membership
A. Regular Commissioners shall be eligible to serve a maximum of eight years with two four- year terms, except:
B. Alternate commissioners shall be eligible to serve four year terms and are not subject to a limit in the number of years served.
C.A. The youth member shall be eligible to serve a two-year term.
D.B. The terms of commissioners shall be consistent with and subject to city council resolution concerning limiting service on boards and commissions.
§ 2.39.080 Meetings
A. The commission shall attempt to meet on a monthly basis at a predetermined time and place, but shall meet at least six four times each calendar year.
B. Special meetings may be called by the chairperson or by a majority of the commissioners, the city manager, and/or the city council, provided written notice is given
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 3
48 hours in advance of the special meeting to the following: each commissioner, local newspapers of general circulation, and anyone filing written request for notice with the city clerk. Notice of meetings shall comply in all respects with section 54950 et seq., of the government code, known commonly as the Ralph M. Brown act.
C. All meetings shall be open to the public and shall follow a prepared agenda. Minutes of all meetings shall be kept and filed with the city clerk.
D. Four commissioners allowed to vote need to be present to constitute a quorum and a vote to approve or deny shall only occur upon a majority vote of the commissioners present who are allowed to vote.
Note: All other sections of Chapter 2.39 remain unchanged.
HUMAN SERVICES COMMISSION
For the Human Services Commission, amend §2.28.020 Duties as follows:
§ 2.28.020 Duties
The commission shall be responsible for advising the city council on both the human service needs of the community and the methods for meeting these needs. Particular emphasis shall be given to the human services needs of the socially and economically disadvantaged, the elderly and the youth of the community.
B. The duties of the Human Services Ccommission shall include the following:
1. Develop a commission workplan to be provided to the City Council for consideration during the budget process. The workplan should be based on the goals and strategies outlined in the ONE Pleasanton Strategic Plan as well as the role of the commission.
2. Review and recommend policies to the City Council related to the human service needs of the community. Emphasis will be given to the human services needs of the socially and economically disadvantaged, the elderly, and youth.
3. Seasonally, review and advise city staff on programs and service plans related to human service needs of the community and provide feedback on the evaluation metrics at workplan’s completion.
4. Advise the City Council on services and capital projects related to the Eastern Alameda County Human Services Needs Assessment.
5. As community leaders, be aware of and identify human service needs and related feedback from the community and advocate for those community needs.
6. Review and evaluate requests from human service providers for financial assistance, endorsements, grants, and other types of assistance; make recommendations to the City Council regarding such requests.
7. Serve as liaison between the city and other regional human service providers, including, but not limited to: local municipalities, local nonprofits, Alameda County, state, and national agencies.
1. Identify and prioritize the human service needs of the community;
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 4
2. Develop and recommend to the city council specific programs and/or actions designed to meet the identified human service needs of the community and evaluate the success of the programs and/or the actions undertaken;
3. Identify and be informed of programs providing human services to the community, their purpose, the type and nature of services they provide, and the effectiveness of their services;
4. Review and evaluate requests from human service providers for financial assistance, endorsements, and other types of assistance; make recommendations to the city council regarding such requests;
5. Develop and recommend actions designed to coordinate the delivery of human services within and to the community;
6. Represent the city and/or serve as liaisons with governing boards of public and private human service agencies/programs of interest to the community;
7. Inform and advise the city council concerning actions by federal, state and other public or private human service agencies of interest to the city.
§ 2.28.030 Membership—Appointments—Voting
A. The commission shall have seven regular commissioners, including one youth member (collectively the “commissioners”), and one alternate commissioner, all of whom shall be residents of the city.
B. The seven regular commissioners and the one alternate commissioner shall be selected from the community at large. The youth member shall be the minimum age of a high school freshman.
The regular commissioners, the youth member, and alternate commissioner shall be appointed by the mayor, subject to ratification by the city council as provided in the adopted city council resolution establishing procedures for appointments to boards and commissions.
C. Commissioners are eligible to participate in all discussions of the commission except that the alternate commissioner shall vote only if one of the regular commissioners is absent or has a financial conflict of interest.
D. The alternate commissioner may serve as a voting member on any subcommittee of the commission and may be designated as the commission's representative to other boards and commissions.
ED. Commissioners shall be compensated as established by city council resolution , unless the youth member is unable to qualify for a work permit that allows for compensation.
§ 2.28.040 Term of membership
A. Regular Ccommissioners shall be eligible to serve a maximum term of eight years with two four-year terms, except.
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 5
B. Alternate commissioners shall be eligible to serve four-year terms and are not subject to a limit in the number of years served.
CA. The youth member shall be eligible to serve a two-year term.
D.B The term of a commissioner shall be consistent with and subject to city council resolution concerning limiting service on boards and commissions.
§ 2.28.080 Meetings
A. Regular meetings shall be held at least six times per year on the first Wednesday of each month at a time and place set by the commission. The commission may approve an alternate meeting date.
B. Special meetings may be called by the chairperson or by a majority of the commissioners, the city manager, and/or the city council provided written notice is given 48 hours in advance of the special meeting to the following: each commissioner, local newspapers of general circulation, and anyone filing written request for notice with the city clerk. Notice of meetings shall comply in all respects with Section 54950 et seq., of the Government Code, known commonly as the Ralph M. Brown Act.
C. All meetings shall be open to the public and shall follow a prepared agenda. Minutes of all meetings shall be kept and filed with the city clerk.
D. Four commissioners allowed to vote need to be present to constitute a quorum and a vote to approve or deny shall only occur upon a majority vote of the commissioners present who are allowed to vote.
Note: All other sections of Chapter 2.28 remain unchanged.
LIBRARY COMMISSION
For the Library Commission, amend §2.34.020 Duties as follows:
§ 2.34.020 Duties
A. The commission shall be responsible for advising the city council on matters related to the Pleasanton library and library services in general.
B. The duties of the Pleasanton Llibrary Ccommission shall include the following:
1. Develop a commission workplan to be provided to City Council for consideration during the budget process. The workplan should be based on the goals and strategies outlined in the ONE Pleasanton Strategic Plan as well as the role of the commission.
2. Review and recommend policies to the City Council related to library services.
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 6
3. Seasonally, review the adopted library budget, program and service plans, and key performance indicators.
4. Advise the City Council on capital projects related to library facilities.
5. As community leaders, receive library related feedback from the community.
6. Act as an advocate for library and cultural programs, services and facilities within the community.
7. Serve as liaison between the city and other library-related entities including, but not limited to: local municipalities, local nonprofits, Alameda County, state, and national agencies.
1. Make recommendations to the city council and the Pleasanton library board of trustees regarding policies, services and operating and capital budgets for the Pleasanton library.
2. Recommend rules, regulations and services necessary for the administration of the Pleasanton library.
3. Assist with the planning of library services.
4. Promote the use and support of library services within the community, including working in cooperation with citizen and business groups, foundations, charitable trusts, school districts and governmental agencies.
5. Recommend rules and regulations regarding the use of the Pleasanton library building.
6. Recommend acceptance or rejection of proposed donations to the Pleasanton library.
§ 2.34.030 Membership—Appointments
A. The commission shall have seven regular commissioners, including one youth member (collectively the “commissioners”) and one alternate commissioner all of whom shall be residents of the city.
B. Six regular commissioners and the one alternate commissioners shall be selected from the community at large. One regular commissioner shall be selected from a recommendation made by the Pleasanton library league. The youth member shall be the minimum age of a high school freshman. The regular commissioners Commissioners, the youth member, and alternate commissioner shall be appointed by the mayor subject to the ratification by the city council, as provided in the adopted city council resolution establishing procedures for appointments to boards and commissions.
C. Commissioners shall be eligible to participate in all activities of the commission . except that the alternate commissioner shall vote only in the event of an absence or conflict of interest of one of the regular commissioners.
D. The alternate commissioner may serve as a voting member on any subcommittee of the commission and may be designated as the commission's representative to other boards and commissions.
E.D. Commissioners shall be compensated as established by city council resolution., unless the youth member is unable to qualify for a work permit that allows for compensation.
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 7
§ 2.34.040 Term of membership
A. Regular commissioners Commissioners shall be eligible to serve a maximum of eight years with two four-year terms, except:.
B. Alternate commissioners shall be eligible to serve four-year terms and are not subject to a limit in the number of years served.
CA. The youth member shall be eligible to serve a two-year term.
D.B The term of a commissioner shall be consistent with and subject to city council resolution concerning limiting service on boards and commissions.
§ 2.34.080 Meetings
A. Regular meetings shall be held at least six times per year on the first Thursday of each month at a time and place set by the commission. The commission may approve an alternate meeting date.
B. Special meetings may be called by the chair or by a majority of the commissioners, the city manager, and/or the city council provided written notice is given 48 hours in advance of the special meeting to the following: each commissioner, local newspapers of general circulation, and anyone filing written req uest for notice with the city clerk. Notice of meetings shall comply in all respects with Section 54950 et seq., of the Government Code, known commonly as the Ralph M. Brown Act.
C. All meetings shall be open to the public and shall follow a prepared agenda. Minutes of all meetings shall be kept and filed with the city clerk.
D. Four commissioners allowed to vote need to be present to constitute a quorum and a vote to approve or deny shall only occur upon a majority vote of the commissioners present who are allowed to vote.
Note: All other sections of Chapter 2.34 remain unchanged.
PARKS AND RECREATION COMMISSION
For the Parks and Recreation Commission, amend §2.32.020 Duties as follows:
§ 2.32.020 Duties
A. The parks and recreation commission shall advise the city council in matters related to city parks and recreational services.
B. The duties of the Parks and Recreation Ccommission shall include the following:
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 8
1. Develop a commission workplan to be provided to the City Council for consideration during the budget process. The workplan should be based on the goals and strategies outlined in the ONE Pleasanton Strategic Plan as well as the role of the commission.
2. Review and recommend policies to the City Council related to parks, trails and recreational facilities, programs and services.
3. Seasonally, review and advise city staff on program and service plans related to the parks and recreational needs of the community and provide feedback on the evaluation metrics at workplan’s completion.
4. Advise the City Council on capital projects related to parks, trails and recreational facilities.
5. As community leaders, receive parks, trails, and recreation related feedback from the community.
6. Act as an advocate for parks, trails, and recreation related programs, services and facilities within the community.
7. Serve as liaison between the city and other regional parks, trails and recreational -based entities including, but not limited to: local municipalities, local nonprofits, Alameda County, state, and national agencies.
1. Act in an advisory capacity to the city council in all matters pertaining to public parks and recreation, and to cooperate with other governmental agencies and civic groups in the advancement of sound recreation programming and park planning. The commission is jointly charged with the planning commission, to establish harmonious and effective relationships, as both of these bodies have designated functions of an interrelated nature in the area of recreation facilities as they relate to the general plan.
2. Formulate recommended policies regarding recreation services for consideration by the city council.
3. Advise the city council, regarding the development of recreation areas, facilities, programs and services.
4. Make periodic inventories of recreation services that exist or may be needed and interpret the needs of the public to the city council, and all other governmental agencies and civic groups as required.
5. To facilitate in every appropriate manner the establishment and maintenance of formal and informal cooperative relationships with all entities that have resources to promote local recreation services. Such entities may include, but not be exclusive of, pub lic and private businesses and institutions; local, regional, state and national agencies; and private, public or quasi -public foundations, associations and corporations; all of which individually have either in part or total as their function the promotion and/or provision of some phase of recreation.
6. Take an active role as community leaders in soliciting from the general public the desires and wishes of the people, in making the needs for recreation facilities and programs known along with the best possible methods of achieving such.
7. Advise the city council, regarding the emphasis and priorities in the preparation of the annual recreation budget and a long-range capital improvement program.
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 9
§ 2.32.030 Membership—Appointments
A. The commission shall have five seven regular commissioners, one youth member (collectively the “commissioners”), and one alternate commissioner all of whom shall be residents of the city.
B. The five regular Ccommissioners and the one alternate commissioner shall be selected from the community at large. The youth member shall be the minimum age of a high school freshman.
The regular Ccommissioners, the youth member, and alternate commissioner shall be appointed by the mayor, subject to the ratification by the city council, as provided in the adopted city council resolution establishing procedures for appointments to boards and commissions.
C. Commissioners shall be eligible to participate in all activities of the commission . except that the alternate commissioner shall vote only in the event of an absence or conflict of interest of one of the regular commissioners.
D. The alternate commissioner may serve as a voting member on any subcommittee of the commission and may be designated as the commission's representative to other boards and commissions.
E. D. Commissioners shall be compensated as established by city council resolution., unless the youth member is unable to qualify for a work permit that allows for compensation.
§ 2.32.040 Term of membership
A. Regular Ccommissioners shall be eligible to serve a maximum of eight years with two four- year terms, except:.
B. Alternate commissioners shall be eligible to serve four-year terms and are not subject to a limit in the number of years served.
C. A. The youth member shall be eligible to serve a two-year term.
D. B. The term of a commissioner shall be consistent with and subject to city council resolution concerning limiting service on boards and commissions.
§ 2.32.080 Meetings
A. Regular meetings shall be held at least six times per year on the second Thursday of each month at a time and place set by the commission. The commission may approve an alternate meeting date.
B. Special meetings may be called by the chairperson or by a majority of the commissioners, the city manager, and/or the city council, provided written notice is given 48 hours in advance of the special meeting to the following: each commissioner, local newspapers of general circulation, and anyone filing written request for notice with the city clerk. Notice of meetings shall comply in all respects with Section 54950 et seq., of the Government Code, known commonly as the Ralph M. Brown Act.
C. All meetings shall be open to the public and shall follow a prepared agenda. Minutes of all meetings shall be kept and filed with the city clerk.
Ordinance No. City Council, April 16, 2024
Exhibit A to Ordinance, PMC Amendments, Page 10
D. Three Four commissioners allowed to vote need to be present to constitute a quorum and a vote to approve or deny shall only occur upon a majority vote of the commissioners present who are allowed to vote.
Note: All other sections of Chapter 2.32 remain unchanged.
//
ITEM #5
CITY COUNCIL AGENDA REPORT
April 16, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING
COMMISSION
P24-0111, Tony Meo/Custom Residential Design
Application for Administrative Design Review approval to construct an approximately 667-square-foot single-story addition at the rear of the residence with an approximately 222-square-foot attached porch located at 4340 West Ruby Hill Drive.
Project Information:
Existing floor area: 4,575 square feet
Total floor area with addition: 5,407 square feet
Lot size: 28,760 square feet
Existing floor area ratio: 15.91 percent
Total floor area ratio with addition: 18.80 percent
Approved. (15 days)
P24-0114, Terry Townsend
Application for Administrative Design Review approval to construct an approximately 292-square-foot single-story addition that includes an approximately 110-square-foot addition at the front of the residence with an attached covered porch, a vaulted dormer and garage, and an approximately 182-square-foot addition at the rear of the residence located at 4678 Whiting Street.
Project Information:
Existing floor area: 1,538 square feet
Total floor area with addition: 1,830 square feet
Lot size: 5,600 square feet
Existing floor area ratio: 27.46 percent
Total floor area ratio with addition: 32.68 percent
Approved. (14 days)
PUD-87-19-05M, Alok Damireddy
Application for Planned Unit Development (PUD) Minor Modification to an approved Development Plan (PUD-87-19) to modify the approved location and size of the house pads for all six lots located at 4002, 4018, 4034, 4019 and 4035 Equus Court.
Approved. (13 days)
P24-0134, Dr. Rabin Khetrapal
Application for Administrative Design Review approval to construct an approximately 190-square-foot second-story addition with five new windows to the rear (south) of the existing two-story residence located at 1785 Via Di Salerno.
Project Information:
Existing floor area: 7,430 square feet
Total floor area with addition: 7,620 square feet
Lot size: 24,593 square feet
Existing floor area ratio: 30.21 percent
Total floor area ratio with addition: 30.98 percent
Approved. (10 days)
P24-0025, Eric Shepard
Application for Design Review to construct an approximately 55-square-foot addition to an existing coffee kiosk to construct a bathroom at 6730 Santa Rita Road.
Approved. (1 day)
P24-0113, Francisco Matos
Application for Administrative Design Review to install a window at approximately 11- feet and 6-inches on the front (north) side of the existing residence located at 4366 Valley Avenue.
Approved. (7 days)
P24-0142, Zhengrui He
Application for Administrative Design Review to construct an approximately 634-square- foot addition that includes: a proposed second-story balcony, re-locating the garage and a new metal roof on the rear of the residence located at 6607 Arlington Drive.
Project Information:
Existing floor area: 5,449 square feet
Total floor area with addition: 6,083 square feet
Lot size: 20,366 square feet
Existing floor area ratio: 26.76 percent
Total floor area ratio with addition: 29.87 percent
Approved. (8 days)
Planning Commission, March 13, 2024
Commissioners Present: Vivek Mohan, Ken Morgan, Brandon Pace, Stephanie Wedge and Chair Matt Gaidos
Commissioners Absent: Anurag Jain
Continued from February 28, 2024 - P23-0117, Bruce Myers, Catalyst Development Partners LLC, Tract 8672, 3200 Hopyard
Applications for Design Review (P23-0117) and Vesting Tentative Tract Map 8672 approval pursuant to SB 330 to: 1) demolish an existing church and daycare facility; 2) construct a housing development consisting of 57 attached condominium units including 48 three-story townhomes ranging in size from approximately 1,691 to 2,738 square feet and nine apartment units; and related site improvements; and 3) Vesting Tentative Map.
Action Recommended: Adopt Resolution No. PC-2024-03 approving the Application for Design Review (P23-0177) for both designs and Vesting Tentative Map 8672.
Actions Taken: Approve the Design Review (DR) application, filed as P23-0177, for both the original and alternative design, based on the required findings, and subject to the draft conditions of approval in Exhibit A and:
a. Approval of the alternative design contingent on approval of the Affordable Housing Agreement (AHA) by the City Council, and further recommended the City Council consider providing funds from the Low-Income Housing Fund to convert the eight moderate-income affordable apartment units to low-income affordable apartment units.
2. The Vesting Tentative Tract map (VTM) 8672, based on the required findings, and subject to the draft conditions of approval in Exhibit A; and
3. Find the CEQA Guidelines Section 15183 Consistency Checklist for the project is adequate to serve as the environmental documentation for the project and satisfies all the requirements of CEQA.
Vote: 4-1, Morgan opposed
Planning Commission, March 27, 2024
Commissioners Present: Commissioners Anurag Jain via teleconference, Vivek Mohan, Ken Morgan, Brandon Pace, Stephanie Wedge and
Chair Matt Gaidos
Commissioners Absent: None
PUD-149, Douglas Harwood, 544 Sycamore Road
Application for Planned Unit Development (PUD) development plan to: 1) Establish development standards; and 2) Construct an approximately 1,117-square-foot addition to the front, an approximately 65-square-foot attached front covered porch and an approximately 160-square-foot attached rear-covered porch to an existing single-family residence located at 544 Sycamore Road zoned PUD-A (Agriculture).
Action Recommended: Approve PUD-149 as a Consent Calendar item.
Action Taken: Approved as recommended.
Vote: 5-0
P23-0906, Laura Melchionne, 3132 Tokay Court
Appeal of the Zoning Administrator’s approval of beekeeping application to maintain two beehives on the property located at 3132 Tokay Court.
Action Recommended: Adopt Resolution No. PC-2024-05 denying the appeal, thereby upholding the Zoning Administrator’s decision approving the beekeeping application.
Action Taken: Adopt Resolution No. PC-2024-05, as recommended.
Vote: 5-0
Prepared by: Submitted by: Approved by:
Melinda Denis
Zoning Administrator
Ellen Clark
Director of Community
Development
Gerry Beaudin
City Manager
Item #6
CITY COUNCIL AGENDA REPORT
April 16, 2024
Community Development
TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT TO COLUMBIA ELECTRIC, INC. IN THE AMOUNT OF $1,155,127
FOR THE VALLEY AVENUE AT NORTHWAY ROAD INTERSECTION
IMPROVEMENTS PROJECT (BI-ANNUAL TRAFFIC SIGNAL INSTALLATION, CIP NO. 23532) WITH AN APPROXIMATELY 13 PERCENT CONTINGENCY OF $147,394, FOR A TOTAL COST OF $1,302,521, AND BUDGET AMENDMENTS IN
THE GAS TAX AND TRAFFIC IMPACT FEE FUNDS
SUMMARY
This project will construct a traffic signal at the intersection of Valley Avenue and Northway Road, adjacent to Harvest Park Middle School. Bids were received on February 21, 2024, and staff recommends the award of the construction contract to the lowest responsible bidder, Columbia Electric, Inc., in the amount of $1,155,127. Necessary funding to complete this project is requested to be reappropriated from other CIP projects where funding is available.
RECOMMENDATION
1. Approve plans and specifications and award construction contract to Columbia Electric, Inc. in the amount of $1,155,127 for the Valley Avenue at Northway Road Intersection Improvements Project (Bi-Annual Traffic Signal Installation, CIP No. 23532) with an approximately 13 percent contingency of $147,394 for the total cost up to $1,302,521.
2. Approve amendments to the FY 2023/24 budget as follows:
• Transfer $196,686 from the Annual Expedited Speed Lump Program (CIP No. 23534) to the Bi-Annual Traffic Signal Installation Project (CIP No. 23532) in the Gas Tax Fund.
• Transfer $194,512 from the Annual Intersection Improvements and Various Locations Project (CIP No. 23541) to the Bi-Annual Traffic Signal Installation Project (CIP No. 23532) in the Gas Tax Fund.
• Transfer $200,689 from the Annual Neighborhood Traffic Calming Devices Project (CIP No. 23555) to the Bi-Annual Traffic Signal Installation Project (CIP No. 23532) in the Gas Tax Fund.
• Transfer $116,156 from the Annual Intersection Improvements and Various Locations Project (CIP No. 23541) to the Bi-Annual Traffic Signal Installation Project (CIP No. 23532) in the Traffic Impact Fee Fund.
BACKGROUND
Staff prepares a signal priority list every two years by evaluating various traffic factors that include eight-hour traffic volume, peak hour traffic volume, crash history, adjacent land use, and pedestrian/bicycle generation. The list of intersections evaluated is established through
staff and resident recommendations and a projection of future needs based on land use or traffic patterns. If no new intersections are evaluated, then the highest-scoring intersection on the list is the candidate for construction. The intersection of Valley Avenue and Northway Road is identified as the top candidate for construction on the current signal priority list. The intersection is adjacent to Harvest Park Middle School and just north of Walnut Grove Elementary School. During school commute times, the increase in vehicular traffic in combination with the increase in children and adults walking and riding their bikes reduces the intersection level of service to an unacceptable level. Currently, there is a stop sign for northbound Northway Road, making it difficult for vehicles to merge onto Valley Avenue and vehicles and pedestrians to cross Valley Avenue.
The design of the Valley Avenue at Northway Road traffic signal includes left turn arrows for northbound Northway Road and westbound Valley Avenue. The crosswalk on Valley Avenue will be moved to the east side of the intersection to eliminate the northbound left turn vehicle- pedestrian conflict. The project will also extend the southeast and southwest corners of the intersection to reduce pedestrian crossing distances.
DISCUSSION
Construction Bids
The City advertised the project on February 2, 2024. Ten (10) bids were received and opened on February 21, 2024; the bids ranged from $1,155,127 to $1,669,094. The lowest three bids along with the Engineer Estimate are outlined in Attachment 1. The lowest bid was submitted by Columbia Electric, Inc., in the amount of $1,155,127. Staff has reviewed the lowest bidder’s list of references, is satisfied with this review, and recommends awarding the construction contract to Columbia Electric, Inc., in the amount of $1,155,127.
Schedule
Concrete work for this project would be scheduled to begin this summer, but the construction of the traffic signal elements would be completed in late fall/early winter due to the 4-6 month order and delivery time-frame for the traffic signal poles.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The proposed project would be exempt from CEQA review pursuant to CEQA Guidelines Section 15301(c) Minor Improvements to Existing Facilities; and Section 21080.25(b)(1) for projects consisting of improvements to enhance safety for pedestrians and cyclists.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business in implementing the recommendations of the approved signal priority list.
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, and Strategy 7 - Continue to invest in parks, bicycle, and pedestrian infrastructure, and public art.
This action will improve traffic safety and the level of comfort for cyclists and pedestrians
commuting to the nearby schools.
FISCAL IMPACT
Current available funding in the Valley Avenue at Northway Road Intersection Improvements Project (Bi-Annual Traffic Signal Installation, CIP No. 23532) consists of $594,478 in Traffic Impact Fees (TIF) (21230121-440108-23532). Additional TIF funds of $116,156 from the Annual Intersection Improvements and Various Locations Project, CIP No. 23541 (21230121- 440108-23541), as well as funding in the Gas Tax Fund in the amount of $196,686 from the Annual Expedited Speed Lump Program, CIP No. 23534 (16030231-440108-23534), $194,512 from the Annual Intersection Improvements and Various Locations Project, CIP No. 23541 (16030231-440108-23541), and $200,689 from the Annual Neighborhood Traffic Calming Devices Project, CIP No. 23555 (16030231-440108-23555) are requested to be transferred to CIP No. 23532 ($591,887 to 21230121-440108-23532 and $116,156 to 16030231-440108- 23532). The funds identified are previously budgeted, unspent, and available in the FY 2023/24 budget. The project is an eligible use of Gas Tax and TIF funds.
The total cost of construction for this project is $1,302,521, which includes the $1,155,127 construction contract and $147,394 in an approximately 13 percent construction contingency.
Transferring $708,043 in TIF and Gas Tax funds from CIP Nos. 23541, 23534, and 23555 to CIP No. 23532, as outlined above, will fulfill the funding required for this contract.
There will be an increase in the annual traffic signal operations and maintenance cost of approximately $1,700 with the addition of this signalized intersection.
Prepared by: Submitted by: Approved by:
Cedric Novenario, Senior
Transportation Engineer
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Bid Summary Sheet
2. Plan Set
Item No. Item Description Quantity Unit Unit Price Engineer Estimate Columbia Electric, Inc.
Tennyson
Electric, Inc Terocons, Inc
1 Mobilization 1 LS $88,454.15 88,454.15$ 57,500.00$ 46,500.00$ 40,000.00$ 2 Traffic Control & Construction Area Signs 1 LS $102,399.23 102,399.23$ 115,000.00$ 58,975.00$ 20,000.00$ 3 Water Pollution Control (SWPPP) 1 LS $15,000.00 15,000.00$ 5,000.00$ 2,500.00$ 10,000.00$ 4 Develop Water Supply 1 LS $5,000.00 5,000.00$ 345.00$ 1,000.00$ 5,000.00$ 5 Remove Landscape and Irrigation 690 LS $4.00 2,760.00$ 15,697.50$ 17,250.00$ 6,900.00$ 6 Remove Concrete Sidewalk 3000 LS $7.00 21,000.00$ 34,110.00$ 36,000.00$ 30,000.00$ 7 Remove Concrete Curb 160 LS $30.00 4,800.00$ 3,456.00$ 4,000.00$ 4,800.00$ 8 Remove Concrete (Curb and Gutter) 410 SF $40.00 16,400.00$ 8,856.00$ 10,250.00$ 8,200.00$ 9 Remove Concrete Median 31 Ton $8.00 248.00$ 669.60$ 775.00$ 930.00$ 10 Roadway Excavation (Export) 120 Ton $150.00 18,000.00$ 23,184.00$ 22,200.00$ 18,000.00$ 11 Protect Existing Tree 2 Ton $1,000.00 2,000.00$ 570.00$ 1,000.00$ 1,000.00$ 12 Remove Existing Tree 3 EA $3,000.00 9,000.00$ 3,420.00$ 3,600.00$ 3,000.00$ 13 Curb Ramp ‐ Case A 2 EA $6,000.00 12,000.00$ 9,100.00$ 9,000.00$ 24,000.00$ 14 Curb Ramp ‐ Case C 1 LF $8,000.00 8,000.00$ 6,591.00$ 6,500.00$ 15,000.00$ 15 Concrete Curb & Gutter 450 EA $60.00 27,000.00$ 43,470.00$ 45,000.00$ 22,500.00$ 16 Concrete Median Curb 45 EA $50.00 2,250.00$ 4,347.00$ 4,500.00$ 1,800.00$ 17 Concrete Retaining Curb 217 LF $130.00 28,210.00$ 17,262.35$ 17,360.00$ 15,190.00$ 18 Concrete Sidewalk 49 LF $700.00 34,300.00$ 66,885.00$ 66,150.00$ 49,000.00$ 19 Metal Guardrail 35 SF $500.00 17,500.00$ 29,750.00$ 26,250.00$ 10,500.00$ 20 Class 2 AB (Sidewalk) 37 EA $300.00 11,100.00$ 5,180.00$ 4,995.00$ 5,550.00$ 21 Roadway HMA Plug 105 EA $450.00 47,250.00$ 43,575.00$ 42,000.00$ 26,250.00$ 22 Curb Inlet 1 EA $10,000.00 10,000.00$ 8,115.00$ 8,500.00$ 7,000.00$ 23 12" RCP 80 LS $300.00 24,000.00$ 27,280.00$ 28,000.00$ 16,000.00$ 24 Planting and Irrigation 1 $14,000.00 14,000.00$ 37,355.00$ 36,500.00$ 25,000.00$ 25 Install New Traffic Signal at Valley Ave at Northway Rd. 1 $492,268.00 492,268.00$ 537,614.00$ 610,000.00$ 800,000.00$ 26 Install Intersection Striping at Valley Ave at Northway Rd. 1 LS $40,393.50 40,393.50$ 50,795.00$ 60,000.00$ 82,500.00$ 1,053,332.88$ 1,155,127.45$ 1,168,805.00$ 1,248,120.00$ Valley Ave and Northway Rd. Intersection Improvements, CIP 23532 Bid Summary Sheet ‐ Lowest Three (3) Bidders ATTACHMENT 1
NORTHWAY
ROAD
VALLEY
AVENUE
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
T1
1 VALLEY AVENUE AND NORTHWAY ROAD (EAST)
TITLE SHEET
CITY OF PLEASANTON
TRAFFIC SIGNAL INSTALLATION AT VALLEY AVENUE AND NORTHWAY ROAD (EAST) CIP# 23532
ATTACHMENT 2
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VALLEY AVENUE
NORTHWAY ROAD
PLANT LEGEND
EXISTING TREE TO REMAIN
PLANT LIST
YUC FIL YUCCA FILAMENTOSA 'COLORGUARD' ADAM'S NEEDLE 1 GAL L 4'-0" O.C. 8 INSTALL PER CITY DETAIL 809 BAC PIL BACCHARIS PILULARIS 'CENTENNIAL' CENTENNIAL COYOTE BRUSH 1 GAL VL 6'-0" O.C. 11 INSTALL PER CITY DETAIL 809 HED HEL HEDERA HELIX ENGLISH IVY 1 GAL M AS SHOWN 8 INSTALL PER CITY DETAIL 809 MULCH
DECOMPOSED GRANITE
PLANTING NOTES
1. MULCH: CONTRACTOR SHALL INSTALL A 3-INCH LAYER OF MULCH IN THE NEW PLANTING AREA WITH HEDERA HELIX. MULCH TO BE PROVIDED BY THE CITY.
CONTRACTOR SHALL BE RESPONSIBLE FOR PICKING UP THE MULCH FROM THE CITY CORPORATION YARD AND DELIVERING THE MULCH TO THE SITE. CONTRACTOR SHALL COORDINATE WITH THE CITY A MINIMUM OF ONE WEEK IN ADVANCE OF MULCH PICK-UP.
2. DECOMPOSED GRANITE: CONTRACTOR SHALL INSTALL A 4-INCH LAYER OF DECOMPOSED GRANITE 'GOLD COLOR' IN THE PLANTING AREA (TOTALING 596 SQ. FT.) ON THE SW CORNER OF VALLEY AND NORTHWAY AS SHOWN.
3. EXISTING PLANT MATERIAL: REMOVE ALL SHRUBS FROM THE PROPOSED PLANTING AREA. PROTECT ALL OTHER EXISTING PLANT MATERIAL TO REMAIN. REPAIR ANY DAMAGES INCURRED AS A DIRECT RESULT OF THIS CONTRACT TO THE CITY'S SATISFACTION AT NO ADDITIONAL COST.
4. GROUNDCOVER: PROVIDE GROUNDCOVER AT INDICATED ON-CENTER SPACING THROUGHOUT ALL AREAS TO BE PLANTED. GROUNDCOVER SHALL BE PROVIDED UP TO THE WATERING BASIN OF ALL TREES AND SHRUBS.
5. QUANTITIES: THE QUANTITIES SHOWN ON THE LABELS ARE NOT TO BE CONSTRUED AS THE COMPLETE AND ACCURATE LIMITS OF THE CONTRACT. FURNISH AND INSTALL ALL PLANTS SHOWN SCHEMATICALLY ON THE DRAWINGS.
6. TOPSOIL: ALL PLANTING AREAS TO RECEIVE A SIX INCH LAYER OF NATIVE TOPSOIL PER CITY STD. SPECIFICATIONS.
7. STANDARDS: INSTALL ALL PLANTING PER CITY OF PLEASANTON STANDARD DETAILS AND SPECIFICATIONS.
8. MAINTENANCE: THE CONTRACTOR SHALL BE RESPONSIBLE FOR MAINTAINING THE PLANTING AND IRRIGATION FOR A 90-DAY PERIOD UPON THE CITY DEEMING THE IMPROVEMENTS SUBSTANTIALLY COMPLETE. THE CONTRACTOR SHALL CONTINUE TO BE RESPONSIBLE FOR MAINTAINING THE IMPROVEMENTS UNTIL ALL PUNCH LIST ITEMS FROM THE SUBSTANTIAL COMPLETION WALK HAVE BEEN COMPLETED EVEN IF THE 90 DAY MAINTENANCE PERIOD IS COMPLETE.
DWG NO.SCALE:
PROJECT NO.:
DATE:
ADAM NELKIE
CITY ENGINEER
NO. 78830 EXP.
9/30/2025
DESIGN:
DRAWN:
CHECKED:
TRAFFIC ENGINEER:
CITY OF PLEASANTON
Department of Engineering
REV. DATE DESCRIPTION
PLANTING PLAN
OFJANUARY 17, 2024
CIP-23532
MG
MW
AN
CN 20VALLEY AVENUE AND NORTHWAY ROAD INTERSECTION IMPROVEMENTS
AS SHOWN
14 L-1
TIE INTO EXISTING MAIN LINE
MODIFY EXISTING IRRIGATION AS
NECESSARY TO ACCOMMODATE
NEW PLANTING AREA
1 60 1"
10 VALLEY AVENUE
NORTHWAY ROAD
EXISTING IRRIGATION
ISOLATION VALVE, FORD, B-11 SERIES, LINE SIZE, INSTALL PER CITY STD. DETAIL 803
IRRIGATION LEGEND
1 60 1"
10 VALVE #
OPERATING PRESSURE
VALVE SIZE
APPROXIMATE GPM THROUGH VALVE
BUBBLER, RAINBIRD, 1402 INSTALL PER CITY STD. DETAIL 815 MAIN LINE, SCH 40 PVC 1-1/2". INSTALL PER CITY STD. 804 SLEEVE SCH 40 PVC 4" SIZE
LATERAL LINE, SCH 40 PVC, SIZE PER PLAN. INSTALL PER CITY STD. DETAIL 804 REMOTE CONTROL VALVE, GRISWOLD DWS SERIES, 1" SIZE, INSTALL PER CITY STD. DETAIL 801 WITH HUNTER NODE-100 IN VALVE BOX
IRRIGATION MAINLINE, EX.
1. SPECIFICATIONS: SEE CITY STANDARD IRRIGATION SPECIFICATIONS FOR ADDITIONAL INFORMATION.
2. VERIFICATION: SYSTEM DESIGN IS BASED ON 60 P.S.I. AND 10 GPM AVAILABLE AT DISCHARGE OUTLET OF METER. VERIFY SAME AND NOTIFY THE CITY IF SUCH DATA ADVERSELY AFFECTS THE OPERATION OF THE SYSTEM. NOTICE SHALL BE MADE IN WRITING AND PRIOR TO COMMENCING ANY IRRIGATION WORK.
3. UTILITIES: VERIFY LOCATION OF ALL ON-SITE UTILITIES. RESTORATION OF DAMAGED UTILITIES SHALL BE MADE AT THE CONTRACTOR'S EXPENSE TO THE SATISFACTION OF THE CITY.
4. SCHEMATIC: SYSTEM FEATURES ARE SHOWN SCHEMATICALLY FOR GRAPHIC CLARITY. INSTALL ALL PIPING AND VALVES IN COMMON TRENCHES WHERE FEASIBLE AND INSIDE PLANTING AREAS WHENEVER POSSIBLE. ALL VALVES SHALL BE LOCATED IN GROUNDCOVER OR SHRUB AREAS WHENEVER POSSIBLE.
5. CODES: IRRIGATION SYSTEM SHALL BE INSTALLED IN ACCORDANCE WITH ALL LOCAL CODES AND MANUFACTURER'S SPECIFICATIONS. NOTIFY CITY'S REPRESENTATIVE BY TELEPHONE AND IN WRITING OF ANY CONFLICTS PRIOR TO INSTALLATION.
6. MAINLINE BREAK: SHOULD THE EXISTING MAINLINE BREAK OR BE SHUT OFF FOR ANY REASON DURING THE COURSE OF CONSTRUCTION THE CONTRACTOR SHALL HAND WATER ALL TREES, SHRUBS, AND GROUNDCOVER THAT THE EXISTING IRRIGATION SYSTEM WATERS. CONTINUE TO DO SO UNTIL THE IRRIGATION SYSTEM IS OPERABLE.
7. SYSTEM TEST: OPERATE EACH VALVE PRIOR TO COMMENCING WORK AND DOCUMENT FUNCTIONALITY.
8. TRENCHING: ALL IRRIGATION TRENCHING WITHIN 8 FEET OF EXISTING TREES SHALL BE DUG BY HAND WITH CARE TAKEN TO PROTECT ROOTS GREATER THAN 1-INCH DIA.
AND TO ADHERE TO CITY STANDARDS FOR ROOT PRUNING.
IRRIGATION NOTES
DWG NO.SCALE:
PROJECT NO.:
DATE:
ADAM NELKIE
CITY ENGINEER
NO. 78830 EXP.
9/30/2025
DESIGN:
DRAWN:
CHECKED:
TRAFFIC ENGINEER:
CITY OF PLEASANTON
Department of Engineering
REV. DATE DESCRIPTION
IRRIGATION PLAN
OFJANUARY 17, 2024
CIP-23532
MG
MW
AN
CN 20VALLEY AVENUE AND NORTHWAY ROAD INTERSECTION IMPROVEMENTS
AS SHOWN
15 IR-1
NORTHWAY
ROAD
VALLEY
AVENUE
A
B
C
D
E
F
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
E1
16 VALLEY AVENUE AND NORTHWAY ROAD (EAST)
TRAFFIC SIGNAL INSTALLATION
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
PROPOSED PHASE DIAGRAM
EMERGENCY VEHICLE PREEMPT
STANDARD NOTES
STEADY DEMAND SEQUENCE DETAIL 1
MATCH LINE AA SEE SHEET E
A
B
C
D
E
F
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
E2
17 VALLEY AVENUE AND NORTHWAY ROAD (EAST)
TRAFFIC SIGNAL SCHEDULES
NORTHWAY
ROAD
VALLEY
AVENUE
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
E
18 VALLEY AVENUE AND NORTHWAY ROAD (EAST)
ELECTRICAL REMOVAL AND SALVAGE PLAN
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
STANDARD NOTES
VALLEY
AVENUE
VALLEY
AVENUE
VALLEY
AVENUE
GREENWOOD
ROAD
VALLEY
AVENUE
SANTA
RITA ROAD
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
E
19 VALLEY AVENUE AND NORTHWAY ROAD (EAST)
SIGNAL INTERCONNECT PLAN
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811 0ATCH LINE BB SEE BELOW
0ATCH LINE BB SEE ABOVE0ATCH LINE CC SEE ABOVE
0ATCH LINE CC SEE BELOW
0ATCH LINE AA SEE SHEET E1
SEE RIGHT FOR CONTINUATION
SEE LEFT FOR CONTINUATION
STANDARD NOTES
NORTHWAY
ROAD
VALLEY
AVENUE
CYCLISTS
DISMOUNT
TO CROSS
CITY OF PLEASANTON
DRAWING NO.R E V I S I O N S
NO. DATE BY D E S C R I P T I O N APPR. DATE
SCALE
CONTRACT NO.
DESIGNEDDRAWN
DATECHECKED
APPROVED
ENGINEER DATE
PREPARED BY:
HEXAGON TRANSPORTATION
CONSULTANTS, INC.
100 Century Center Court, Suite 501
San Jose, California 95112
Ph: (408) 971-6100 www.hextrans.com
REY A ELIAJEFF
LIIC VST TA E OF CALIFORNIA
REGISTERED
PROFESSIONAL ENGINEER
SHEET OF 20
SS1
20 VALLEY AVENUE AND NORTHWAY ROAD EAST
SIGNING AND STRIPING
AT LEAST TWO DAYS
BEFORE YOU DIG
CALL 811
DETAIL 1
TABLE OF CONTENTS
PAGE NO.
NOTICE TO BIDDERS ................................................................................................................................. 1 BID PROPOSAL ............................................................................................................................................ 6 BID BOND FORM .......................................................................................................................................10 CERTIFICATION OF BIDDER'S ................................................................................................................11 EXPERIENCE AND QUALIFICATIONS ...................................................................................................11 BIDDER'S CONTRACT EXPERIENCE .....................................................................................................12 BIDDER'S Labor Classifications ..................................................................................................................13 INSTRUCTIONS TO BIDDERS ..................................................................................................................17 AWARD AND EXECUTION OF CONTRACT ..........................................................................................19 CONTRACT .................................................................................................................................................20 CONTRACTOR'S BOND FOR FAITHFUL PERFORMANCE..................................................................24 LABOR AND MATERIAL BOND ..............................................................................................................26 CONTRACTOR'S BOND FOR ONE YEAR MAINTENANCE ................................................................. 27 GENERAL PROVISIONS ............................................................................................................................29 SECTION 1. DEFINITIONS AND TERMS ...........................................................................................29 SECTION 2. SCOPE OF WORK ............................................................................................................30 SECTION 3. CONTROL OF WORK AND MATERIALS ....................................................................30 SECTION 4. LEGAL RELATIONS AND RESPONSIBILITY .............................................................31 SECTION 5. PROSECUTION AND PROGRESS .................................................................................37 SECTION 6. MEASUREMENT AND PAYMENT ................................................................................38 SECTION 7. DISPUTE RESOLUTION ..................................................................................................39 SPECIAL PROVISIONS ..............................................................................................................................46
Rev. 9/13/23
kr
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
NOTICE TO BIDDERS
Proposals Sought; Time for Receipt
Sealed Bid Proposals will be received by the City Clerk's Office of the City of Pleasanton, Civic Center, in-person at 123 Main Street (or by mail to P.O. Box 520), Pleasanton, CA 94566, until 2:00 p.m., FEBRUARY 21, 2024, for work as described in the Plans and Specifications entitled:
Valley Avenue and Northway Road Intersection Improvements Project No. 23532
At the above-mentioned time, date and address, the Bid Proposals will be publicly opened and read.
Please review the City website and/or bidnetdirect.com for addendum(s) prior to submission.
Scope of Work and Project Location
This work will consist of removing existing southeast and southwest concrete channelizing medians, removing an existing flashing crosswalk, construction of concrete curb extensions (bulb-outs) at the southeast and southwest curbs, installing minor landscaping and irrigation, constructing Americans with Disabilities Act (ADA) curb ramps, and installing a traffic signal. Electrical work would compose of: protection of existing utilities and appurtenances; the installation of foundations, pole standards, mast arms, signal display equipment, luminaires, lamps, underground conduits, pull boxes, cables and conductors; the bonding and grounding of circuitry, the installation of electrical services; excavating and backfilling, installing signing on traffic signal standards; traffic control; and all other necessary an any other not of work not mentioned above that are required by the Plans and these Special Provisions.
The Engineer’s cost estimate for the project is $1,053,333.
Copies of Plans and Specifications
In order to be an eligible bidder, plans, specifications and all bid proposal and contract documents must adhere to the latest version of all bid documents as amended through any addendums. Plans may be purchased from the Engineering Division of the City of Pleasanton, Civic Center, 200 Old Bernal Avenue, at a cost of $25 per set plus shipping.
Plans will be electronically available on the City’s website and bidnetdirect.com at no charge. The City requires all parties interested in this bid opportunity to email the City and request to be added to the plan holder list. Any addenda will be sent electronically to those on the plan holder list prior to the bid opening date. To request plans or to be added to the plan holder list, please email: [email protected] and [email protected].
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Bid Security and Contract Bonds
Each Bid Proposal shall be accompanied by either cash, a cashier's check or a certified check, amounting to not less than ten percent of the bid, payable to the order of the City of Pleasanton or by a bond for that amount and payable in the form contained in this bid package. The successful Bidder will be required to furnish performance and payment bonds, each in an amount not less than one hundred percent (100%) of the contract price, and a maintenance bond not less than ten percent (10%) of the contract price.
Bid Forms
The Contractor is responsible for reviewing the City of Pleasanton’s City Bids website (and/or bidnetdirect.com) to ensure they have the latest addendums and utilize all updated documents issued through addendum. Bidders must complete bid proposal and submit it in its entirety. Failure to do so will cause the bid to be deemed nonresponsive.
City of Pleasanton’s City Bids Website:
http://www.cityofpleasantonca.gov/business/bids.asp
Bids Received After Deadline
Bids received after the time established for receiving bids will not be considered. Except as provided in Section "Instruction to Bidders," no Bidder may withdraw a bid after the time established for receiving bids or before the award and execution of the contract, unless the award is delayed for a period of ninety (90) calendar days after the date of the City's opening of bids.
Rejection of Bids
The City reserves the right to reject any or all bids and to determine which bid is, in the City's judgment, the lowest responsive and responsible bid of a Bidder or group of Bidders. The City also reserves the right to waive any inconsequential omissions or discrepancies in any bid and to delete certain items listed in the bid as set forth therein.
Costs for developing, submitting, and presenting bids are the sole responsibility of the Bidder and claims for reimbursement will not be accepted by the City.
Contractor's License Classification
As provided in California Business & Professions Code Section 7028.15, the City has determined that at the time of bid, the Contractor shall possess a valid Class A General Engineering Contractor or C - 10 Contractor license. The Contractor's failure to possess the specified license shall render the Bid as non-responsive and shall act to bar award of the contract to any Bidder not possessing said license at the time of bid, unless exempted by federal or state law.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Contractor's Department of Industrial Relations Registration
Bidder and its Subcontractors must be registered and qualified to perform public work pursuant to section 1725.5 of the Labor Code, subject to limited legal exceptions under Labor Code section 1771.1.
This Contract will be subject to compliance monitoring and enforcement by the California Department of Industrial Relations, pursuant to Labor Code section 1771.4.
Substitution of Securities in Lieu of Retention
At the successful Contractor's option, securities may be substituted for the required retention, in accordance with provisions of Section 22300 of California Public Contract Code.
Prevailing Wage
In accordance with California Labor Code Sections 1770 et seq., the Contractor shall pay general prevailing rate of per diem wages to all workers employed under this contract.
Labor Nondiscrimination
The awarded Contractor shall comply with the requirements of the State of California's Standard Specification Code Section 7-1.01A(4) "Labor Nondiscrimination" under this contract.
Milestone #1 and Liquidated Damages
The Bidder shall agree to complete all work required and specified within the areas identified as Civil Engineering which includes concrete/storm drain/asphalt paving/landscape, as described in Section 1-18 Progress Schedule no later than August 2, 2024 as defined as Milestone #1. The City will be awarding the contract on April 16, 2024, and will issue the Notice to Proceed no later than May 10, 2024. Bidder shall pay liquidated damages in the sum of $1,500 per calendar day for Milestone #1 should the successful Bidder fail to complete the required work of the Milestones as described herein.
Bidder shall agree to commence work under this Contract within fifteen (15) calendar days after the date of written "Notice to Proceed" (NTP) and fully complete the project within 130 working days after start of work. Bidder shall pay as liquidated damages in the sum of $1,500.00 per working day should the successful Bidder fail to complete the work within this time limit unless the successful Bidder is granted a time extension.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Questions
Questions should be directed to the project engineer either in-person at 200 Old Bernal Avenue, Pleasanton, California, by mail at P.O. Box 520, Pleasanton, California 94566- 0802, by phone at (925) 931-5667, or by email at [email protected].
Questions will only be answered by reference to particular sections of these bid documents. If interpretation is deemed necessary, then the question shall be addressed in writing and a clarification shall be given to all prospective Bidders through addenda. To allow time for issuance of addenda, questions shall only be accepted prior to seven (7) calendar days before the bid opening date.
Date: ____________________
CITY OF PLEASANTON
By:________________________
Jocelyn Kwong, City Clerk
DocuSign Envelope ID: 1D32862F-A893-4B6C-AA27-65E7D26CD056 1/29/2024
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
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Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
BID PROPOSAL
VALLEY AVENUE AND NORTHWAY ROAD
INTERSECTION IMPROVEMENTS
PROJECT NO. 23532
DATE: _________________________
Proposal of __________________________________________________ (hereinafter called “Bidder”) a ___________________________ organized and existing under the laws of the State ________, doing business as __________________________, to the City of Pleasanton, City Clerk, 123 Main Street, Pleasanton, California (hereinafter called “City”).
Ladies and Gentlemen:
The Bidder, in compliance with the invitation for bids for the VALLEY AVENUE AND NORTHWAY ROAD INTERSECTION IMPROVEMENTS, PROJECT NO.
23532, City of Pleasanton, having examined the Plans and Specifications and related documents and the premises of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and supplies, declares that this proposal is made without collusion with any other person, firm or corporation and agrees to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below.
These prices are to cover all expenses incurred in performing the work required under the Contract Documents, of which this Bid Proposal is a part.
1) Civil Engineering Preparation (Milestone #1)
The Bidder shall agree to complete all work required and specified within the areas identified as Civil Engineering which includes concrete/storm drain/asphalt paving/landscape, as described in Section 1-18 Progress Schedule no later than August 2, 2024 as defined as Milestone #1. The City will be awarding the contract on April 16, 2024, and will issue the Notice to Proceed no later than May 10, 2024. Bidder shall pay liquidated damages in the sum of $1,500 per calendar day for Milestone #1 should the successful Bidder fail to complete the required work of the Milestones as described herein.
2) General Contract Liquidated Damages.
Bidder shall agree to commence work under this Contract within fifteen (15) calendar days after the date of written "Notice to Proceed" (NTP) and fully complete the project within 130 working days after start of work. Bidder shall pay as liquidated damages in the sum of $1,500.00 per working day should the successful Bidder fail to complete the work within this time limit unless the successful Bidder is granted a time extension.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Bidder acknowledges receipt of the following addendum:
No. Date No. Date
____________ ____________ ____________ ____________
____________ ____________ ____________ ____________
____________ ____________ ____________ ____________
____________ ____________ ____________ ____________
____________ ____________ ____________ ____________
Bidder to perform all of the work described in the Contract Documents for the total bid amount entered.
Item
No.
Quantity
(Approximate)
Unit of
Measure
Item Description Unit
Price
Total
1. 1 LS Mobilization
2. 1 LS Traffic Control
3. 1 LS Water Pollution Control (Includes
Preparing SWPPP)
4. 1 LS Develop Water Supply
5. 690 SF Remove Landscape and Irrigation
6. 3000 SF Remove Concrete Sidewalk
7. 160 LF Remove Concrete Curb
8. 410 LF Remove Concrete (Curb & Gutter)
9. 31 SF Remove Concrete Median
10. 120 CY Roadway Excavation (Export)
11. 2 EA Protect Existing Tree
12. 3 EA Remove Existing Tree
13. 2 EA Curb Ramp – Case A
14. 1 EA Curb Ramp – Case C
15. 450 LF Concrete Curb & Gutter (Type A)
16. 45 LF Concrete Median Curb
17. 217 LF Concrete Retaining Curb
18. 49 CY Concrete Sidewalk
19. 35 LF Metal Guardrail
20. 37 CY Class 2 Aggregate Base (Sidewalk)
21. 105 TON Roadway HMA Plug
22. 1 EA Curb Inlet
23. 80 LF 12” RCP
24. 1 LS Planting and Irrigation
25. 1 LS Install Traffic Signal at Valley Ave at
Northway Rd.
26. 1 LS Install Intersection Striping at Valley
Ave at Northway Rd.
TOTAL $
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
Note: The Bidder acknowledges that the total amount set forth above is for the entire project as represented by the Contract Documents regardless of itemization.
Attached is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of California in the amount of at least ten percent (10%) of the total amount of the bid, or alternately, there is attached a certified or cashier’s check payable to the City in the amount of at least ten percent (10%) of the total amount of the bid.
If this Bid Proposal is accepted, bidder agrees to sign the contract and to furnish the performance bond, labor and materials bond, maintenance bond, and the required evidences of insurance within ten (10) working days after receiving written notice of the award of the contract. If bidder fails to contract as provided herein or fails to provide the bonds and/or evidence of insurance, the City may at its option, determine the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this Bid Proposal shall operate and the same shall be the property of the City of Pleasanton.
This Bid Proposal shall be good and may not be modified, withdrawn or canceled for a period of ninety (90) calendar days after the date of the City’s opening of bids.
Bidder hereby certifies that the licensing information hereinafter stated is true and correct. Bidder further agrees, if the bid is accepted and a contract for performance of the work is entered into with the City, to so plan work and to prosecute it with such diligence that the work shall be completed within the time stipulated in the agreement. Under the penalty of perjury bidder affirms that, to the best of bidder’s knowledge, the representations made in this bid are true.
Bidders are required by law to be licensed and regulated by the contractors’ State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board.
It is a misdemeanor for any person to submit a bid to a public agency in order to engage in the business or act in the capacity of a contractor within this state without having a license therefor, except for specific cases outlined in Business and Professions Code, Section 7028.15.
Name of Bidder
Contractor’s License Number
Signature of Bidder
Expiration Date
Print Name
Address of Bidder
Title of Signatory
State of Incorporation
(____)_____________________________
Telephone Number
DIR Registration Number
_________________________________
Contractor’s Email Address
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
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Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
BID BOND FORM
Note: Bidders must use this form if a bid bond is to be used as bidder’s security. This form is not necessary if cash, cashier’s check made payable to the City, or certified check made payable to the City, accompanies the bid.
We, the undersigned, _________________________________ (“Principal”), and _____________________________________ a corporation organized and existing under and by virtue of the laws of the State of __________________ and authorized to do business in the State of California as a surety, (“Surety”), acknowledge ourselves jointly and severally bound to the CITY OF PLEASANTON for ten percent (10%) of the total bid amount.
Contractor’s Bid $____________________
10% Bid Bond $____________________
The above amount to be paid to the CITY OF PLEASANTON as follows: If Principal’s bid for the work required for the project, described below,
VALLEY AVENUE AND NORTHWAY ROAD
INTERSECTION IMPROVEMENTS
PROJECT NO. 23532
shall be accepted and the proposed contract awarded to Principal, and if Principal shall fail to execute the contract within the time specified in the Award and Execution of Contract section of this Contract Document, and to furnish the required faithful performance and labor and material bonds; otherwise, the obligation shall be void. Bid errors shall not constitute a defense to forfeiture.
If the City of Pleasanton brings suit upon this bond and judgment is recovered, Surety shall pay all costs incurred by the CITY OF PLEASANTON in bringing such suit, including reasonable attorney’s fees.
IN WITNESS WHEREOF, we hereunto set our hands and seals this day of _______, 20__.
Principal
By:
Surety:
By:
(Notarization of Surety’s signature required)
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
(corporate seal)
CERTIFICATION OF BIDDER’S
EXPERIENCE AND QUALIFICATIONS
The undersigned Bidder certifies that the Bidder is, at the time of the bidding, and shall be, throughout the period of the contract, licensed by the State of California to do the type of work required under the terms of the contract documents. Bidder further certifies that the Bidder is skilled and regularly engaged in the general class and type of work called for in the contract documents.
The Bidder represents that the Bidder is competent, knowledgeable and has special skills in the nature, extent and inherent conditions of the work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the particular facilities which may create, during the construction program, unusual or peculiar unsafe conditions hazardous to persons and property.
Bidder expressly acknowledges that the Bidder is aware of such peculiar risks and has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the construction work with respect to such hazards.
Bidder has been engaged in the contracting business, under the present business name, for years. Experience in work of a similar nature to that called for in the contract documents extends over a period of years.
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
BIDDER’S CONTRACT EXPERIENCE
The Bidder shall list below three projects completed in the last seven (7) years of similar size and complexity that indicate the Bidder’s experience as a Contractor.
1. Project
Amount
Owner
Contact
Telephone
Completion Date
2. Project
Amount
Owner
Contact
Telephone
Completion Date
3. Project
Amount
Owner
Contact
Telephone
Completion Date
Name of Bidder _________________________________
Signed this day of , 20 .
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
BIDDER’S Labor Classifications
The Bidder shall list below the anticipated labor classifications completed by Bidder. List Subcontractor ’s classifications under List of Subcontractors.
ASBESTOS
BOILERMAKER
BRICKLAYERS
CARPENTERS
CARPET/LINOLEUM
CEMENT
MASONS
DRYWALL
FINISHER
DRYWALL/LATHERS
ELECTRICIANS
ELEVATOR
MECHANIC
GLAZIERS
IRON WORKERS
LABORERS
MILLWRIGHTS
OPERATING
ENG
PAINTERS
PILE DRIVERS
PIPE TRADES
PLASTERERS
ROOFERS
SHEET METAL
SOUND/COMM
SURVEYORS
TEAMSTER
TILE WORKERS
_______________
_______________
_______________
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
B. BIDDER’S FINANCIAL RESPONSIBILITY
Reference is hereby made to the following banks and surety companies as to the financial responsibility and general reliability of the Bidder:
1. Name of Bank ______________________________________________________
Address ___________________________________________________________
2. Name of Bank ______________________________________________________
Address ___________________________________________________________
3. Surety Company ____________________________________________________
Address ___________________________________________________________
4. Surety Company ____________________________________________________
Address ___________________________________________________________
C. LIST OF SUBCONTRACTORS
In conformance with Section 2.1 – 1.10 of the Caltrans Standard Specifications and § 4100 of California Public Contract Code, the Bidder shall provide the following information for each Subcontractor to whom the Bidder proposes to subcontract portions of the work in an amount in excess of one-half of one percent of the total Bid Proposal OR $10,000, whichever is greater.
1. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ____________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________ Labor Classification/s __________________________________________________ DIR Registration # ____________________________________________________ CSLB# ________________________________ Email ________________________
Valley Avenue and Northway Road Intersection Improvements, Project No. 23532
2. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ___________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________ Labor Classification/s __________________________________________________ DIR Registration # ____________________________________________________ CSLB# ________________________________ Email ________________________
3. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ___________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________ Labor Classification/s __________________________________________________ DIR Registration # ____________________________________________________ CSLB# ________________________________ Email ________________________
4. Name of Subcontractor _________________________________________________ Contractor License Number _____________________________________________ Address ________________________________ Phone No. ___________________ Individual, Partnership or Corporation _____________________________________ Dollar Value of work to be Performed _____________________________________ Work to be Performed __________________________________________________