CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, May 7, 2024
7:00 PM
City Council Chamber
200 Old Bernal Avenue
Pleasanton, CA 94566
The meeting will be held in-person, broadcast live on Channel 29 and at https://www.tri- valleytv.org and streamed at 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 Nibert
• Roll Call
Resolution No. 2024-024
Ordinance No. 2280
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. Adopt Ordinance No. 2277 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
City Manager
City Council Agenda Page 2 of 4 May 7, 2024
2. Ratify Commission and Committee appointments
3. Approve meeting minutes of March 5 and March 19, 2024
4. Adopt Ordinance No. 2278 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
5. Review and consider the City's legislative framework with the 2024 focus areas, establish the City's legislative positions on selected bills, and request City staff monitor remaining legislation throughout the 2024 legislative session Community Development
6. Actions of the Zoning Administrator and Planning Commission
7. Public Hearing - Introduce and waive first reading of an ordinance approving an application to establish development standards and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160- square-foot attached rear covered porch to an existing single-family residence located at 544 Sycamore Road (PUD-149)
8. Approve and authorize the City Manager to execute the second amendment to the Maintenance Services Agreement with St. Francis Electric for routine signal maintenance, signal upgrades, and emergency repairs, extending the contract term to June 30, 2025, increasing the rates for maintenance of intersections, beacons, and in-pavement lights, and amending the compensation to a not-to-exceed annual amount of $500,000
9. Approve and authorize the City Manager to execute a one-year renewal order with Avolve Software for DigEplan electronic plan review software in the amount of $39,529 and authorize the City Manager to approve future annual renewals through June 30, 2027 for an anticipated cumulative amount of $197,818 over the five-year period
Library and Recreation
10. Adopt a resolution authorizing the submittal of an application to the Alameda County Transportation Commission for Measure BB Funds for the Pleasanton Rides Door-to-Door senior citizen program
Police
11. Adopt Ordinance No. 2279 an Ordinance of the City Council of the City of Pleasanton 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
City Council Agenda Page 3 of 4 May 7, 2024
Public Works
12. Approve plans and specifications and award a construction contract to Bay Cities Paving & Grading, Inc. in the amount of $4,183,298 and up to a 15 percent contingency of $627,500 for the Hopyard Road and Owens Drive Intersection Improvements Project, CIP No. 15525, approve various professional services agreements in the total amount of $553,005 and approve budget amendments in the Street CIP General Fund 211
13. Approve plans and specifications and award a construction contract to American Asphalt Repair & Resurfacing Company, Inc. in the amount of $374,391 and an approximately 10 percent contingency of $37,439 for the Annual Slurry Sealing of Various Streets Project, CIP No. 24504
MEETING OPEN TO THE PUBLIC
14. Oath of Office for new commission and committee members
15. Presentation of a proclamation recognizing May 12-18 as National Police Week
16. Presentation of a proclamation recognizing May 19-25 as National Public Works Week
17. 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.
Item 18: Concurrent Actions of the Joint Powers Financing Authority and City Council:
18. Approving, authorizing and directing execution of certain financing documents and certain actions in connection with issuing up to $19,000,000 in water revenue bonds for financing improvements to the City’s water system
19. Public Hearing: Consider adoption of a resolution for the Housing and Human Services Grants and Community Grant Program:
a. Adopt a resolution approving the allocation of Housing and Human Services Grant and Community Grant Program funds for Fiscal Year 2024 Grant Funding Cycle (City Fiscal Year 2024/25)
b. Adopt a resolution approving the Annual Action Plan (FY 2024/2025) for the use of federal Community Development Block Grant (CDBG) funds
20. Continued from April 16, 2024: Bi-annual update to the City Council regarding
City Council Agenda Page 4 of 4 May 7, 2024
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 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.
CITY COUNCIL AGENDA REPORT
Item #1
May 7, 2024
City Attorney
TITLE: ADOPT ORDINANCE NO. 2277 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
The foregoing Ordinance No. 2277 was introduced at a regular meeting of the City Council on April 16, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
ORDINANCE NO. 2277
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 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: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
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.
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 prior 365-day period: no action; b. Second or third false alarm in prior 365-day period: fine as provided in Master Fee Schedule and attempt will be made to contact the business or residence advising of the existence of any alarm policy, ordinance and outlining expected remedial action; c. Fourth or more false alarms in any prior 365-day period: fine as provided in the Master Fee Schedule, and failure to pay will result in placement on a no-response list; d. Sites with repeated false alarms 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.
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 demonstrates to the satisfaction of the Chief of Police, or designee, that a false alarm was solely the result of conditions beyond the user’s control and not the result of negligence by user or any of user’s employees, and if the result of any defect in the alarm system that a diligent user neither knew nor should have known in the exercise of due care, such false alarm may be determined by the Chief of Police, or designee, not to be 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.The fenced fields at the Ken Mercer Softball Complex, Val Vista Community Park, or Bernal Community Park; 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:
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 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 amended.
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.
7. "Operations services director" means the 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.
11. "Zoning administrator" means the zoning administrator of the city of Pleasanton, or designee.
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:
§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:
§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
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.
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 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 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 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:
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).
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 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
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
MCUP MCUP
to ten units, and
that meets the
standards of
Chapter 18.107
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:
§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. Physical attributes of the property and structures.
5. 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 25 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 25 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 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.
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 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.
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.
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 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.
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, 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. 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 each employee. 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. A proposed shelter must be at least 250 feet from any other homeless shelter, however the maximum distance required between shelters may not exceed 300 feet.
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 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. Within 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. At 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.
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.
§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 building inspector, 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 city clerk. The appeal shall be made on a form provided by the city clerk and shall state specifically the 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.
§18.144.050 Procedure for administrative appeal to 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 community development department and shall be filed with the city 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 the 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 any interested party within 15 days of the date of the decision or, in the 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.
//
Item #2
CITY COUNCIL AGENDA REPORT
May 7, 2024
City Council
TITLE: RATIFY COMMISSION AND COMMITTEE APPOINTMENTS
SUMMARY
In March 2024, the City solicited applications to fill vacancies for expiring committee and commission terms. Applications were received, screened, and interviews held. The Mayor's selections for appointment are listed in Attachment 1.
RECOMMENDATION
Ratify Commission and Committee appointments.
BACKGROUND
In accordance with commission/committee appointment policies, the City solicits applications from interested Pleasanton residents to serve on the City's standing commissions and committees.
Generally, recruitment is conducted in the spring and fall of each year. In fall 2023, recruitment was not conducted due to the commission and committee restructuring efforts. Recruitment resumed this spring for vacant positions in alignment with the restructure.
DISCUSSION
The following commissions and committees are included in the recommendation for appointment: Civic Arts Commission, Economic Vitality Committee, Parks and Recreation Commission. No applications were received for vacancies on the Library Commission; the application for Library Commission will remain open.
The appointments for ratification are listed in Attachment 1. Adult members are eligible to serve a four-year term and youth members are eligible to serve a two-year term in alignment with the commission/committee restructure.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is an administrative matter of City business.
OUTREACH
Recruitment was open for 30 days in accordance with policy. In addition, a community information session on how to get involved with commissions and committees was held on March 11, 2024, to encourage interested persons to apply.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Optimizing Our Organization, Strategy 4 - Evaluate the organization’s structure of community engagement
opportunities such as commissions and committees to improve information sharing, optimize staff efficiency, and provide greater service to the community.
FISCAL IMPACT
Members may be eligible to receive stipends for meetings attended.
Prepared by: Submitted by: Approved by:
Jocelyn Kwong, City Clerk Jocelyn Kwong, City Clerk
Gerry Beaudin, City
Manager
Attachments:
1. Appointments list
ATTACHMENT 1
1 of 1
Spring 2024 Appointments
APPOINTMENT TERM
Economic Vitality Committee
Downtown Business – Davinder Channon 5/7/2024 – 4/30/2028 Retail – Ken Benhamou
Information Technology – Igor Leonov
5/7/2024 – 4/30/2028
5/7/2024 – 4/30/2028
Civic Arts Commission
Youth Member – Warren Lam 5/7/2024 – 4/30/2026
Parks and Recreation Commission
Regular Member – Joanne Hall 5/7/2024 – 4/30/2028
Youth Member – Siena Alfaro 5/7/2024 – 4/30/2026
City Council Minutes Page 1 of 6 March 5, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, March 5, 2024
7:00 PM
CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
Councilmember Testa provided opening remarks.
AGENDA AMENDMENTS
None.
CONSENT CALENDAR
Mayor Brown opened public comment. The following individuals provided comment: Les Duman.
Mayor Brown closed the public comment.
MOTION: It was m/s by Arkin/Testa to approve the consent calendar as recommended.
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
City Manager
1. Approve meeting minutes of January 16 and February 6, 2024 Recommendation: Appro
ve meeting minutes of January 16 and February 6, 2024.
2. Adopt Ordinance No. 2274 modifying the membership and length of term of the Youth Commission by amending PMC Chapter 2.29; Adopt Ordinance No. 2275 creating the Energy and Environment Commission by adding a new Chapter 2.31 to the PMC, replacing the Committee on Energy and the Environment; and Adopt Ordinance No. 2276 modifying the duties of the Planning Commission by amending PMC section 2.30.020 and disbanding the Housing Commission by deleting Chapter 2.38
Recommendation: Adopt Ordinance No. 2274 modifying the membership and Item #3
City Council Minutes Page 2 of 6 March 5, 2024
length of term of the Youth Commission by amending PMC Chapter 2.29; Adopt Ordinance No. 2275 creating the Energy and Environment Commission by adding a new Chapter 2.31 to the PMC, replacing the Committee on Energy and the Environment; and Adopt Ordinance No. 2276 modifying the duties of the Planning Commission by amending PMC section 2.30.020 and disbanding the Housing Commission by deleting Chapter 2.38.
Community Development
3. Actions of the Zoning Administrator and Planning Commission Recommendation: Approve actions of the Zoning Administrator and Planning Commission.
4. Adopt a resolution approving the Annual Progress Report on implementation of the General Plan Housing Element for calendar year 2023 and authorize submittal to the California Department of Housing and Community Development and the Governor's Office of Planning and Research
Recommendation: Adopt Resolution No. 2024-008 approving the Annual Progress Report on implementation of the General Plan Housing Element for calendar year 2023 and authorize submittal to the California Department of Housing and Community Development and the Governor's Office of Planning and Research.
5. Adopt a resolution to approve the Altamont Settlement Agreement Education Advisory Board Expenditure Plan for Fiscal Year 2024/2025 Recommendation: Adopt Resolution No. 2024-009 to approve the Altamont Settlement Agreement Education Advisory Board Expenditure Plan for Fiscal Year 2024/2025.
Fire
6. Public Hearing: Adopt a resolution declaring weeds, dirt, rubbish, and refuse upon or in front of certain described properties within the city constitute public nuisances and that they be abated, and set a public hearing for April 16, 2024 regarding the abatement
Recommendation: Adopt Resolution No. 2024-010 declaring that weeds, dirt, rubbish, and refuse upon or in front of certain described properties within the city constitute public nuisances and that they be abated. Set a public hearing for April 16, 2024, regarding the abatement of these nuisances and order the abatement thereof by May 31, 2024.
City Council Minutes Page 3 of 6 March 5, 2024
7. Approve the submittal of an English-as-a-Second-Language grant application to the California State Library for FY 2024/25 and FY 2025/26 and adopt a resolution accepting $61,071 in English-as-a-Second-Language grant funding for FY 2024/25 Recommendation:
1. Approve the submittal of an English-as-a-Second-Language grant application to the California State Library for FY 2024/25 and FY 2025/26.
2. Adopt Resolution No. 2024-011 accepting $61,071 in English-as-a-Second- Language grant funding for FY 2024/25.
Public Works
8. Accept Public Improvements performed by Spectra Company for the Alviso Adobe South Wall Repairs Project, CIP No. 18725
Recomme
ndation:
1. Accept the project as complete and authorize the City Clerk to file a Notice of Completion.
2. Authorize the release of the retention in the amount of $10,226 to Spectra Company 30 days after the recordation of the Notice of Completion.
9. Accept Public Improvements performed by Mar Con Builders, Inc. for the Livermore-Pleasanton Fire Department Fire Station No. 3 Project, CIP No. 17423 Recommendation:
1. Accept the project as complete and authorize the City Clerk to file a Notice of Completion.
2. Authorize the release of the remaining retention in the amount of $195,343 to Mar Con Builders, Inc. 30 days after the recordation of the Notice of Completion.
3. Authorize the return of the project’s balance after completion of remaining fencing and storage room conversion back to the Miscellaneous CIP - General Fund (Fund 201).
10. Approve the Third Amendment to the as-needed maintenance and trade services agreement for Shape, Inc. for utilities sewer and storm maintenance and pump repairs by increasing the total amount $100,000 and extending the term through Fiscal Year 2024/2025 for a total not-to-exceed amount of $425,000 over a five- year term
Library and Recreation
City Council Minutes Page 4 of 6 March 5, 2024
Recommendation: Approve the third amendment to the as-needed maintenance and trade services agreement for Shape, Inc. for utilities sewer and storm maintenance and pump repairs by increasing the total amount by $100,000 and extending the term to June 30, 2025, through Fiscal Year 2024/2025 for a total not- to-exceed amount of $425,000 over a five-year term
11. Review the bandstand options for Lions Wayside Park and provide direction to proceed with the staff recommendation of Option 1
Recommendation: Review the bandstand options for Lions Wayside Park and provide direction to proceed with the staff recommendation of Option 1.
MEETING OPEN TO THE PUBLIC
12. Presentation of a Proclamation recognizing Pleasanton's 2024 Ambassadog Councilmember Testa presented the proclamation which was received by the Burk family on behalf of Ambassadog Winston.
13. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.
Mayor Brown opened public comment. The following individuals provided comment: Sharon Piekarski, David Herring, and Arne Olson.
Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
14. Receive a presentation on debt financing regarding interim water improvement projects and adopt a resolution declaring the City's intention to reimburse expenditures relating to capital improvement projects from the proceeds of tax-exempt obligations Recommendation: Adopt Resolution No. 2024-012 declaring the City's intention to reimburse expenditures relating to capital improvement projects from the proceeds of tax-exempt obligations.
Susan Hsieh, Finance Director, and consultant Jaime Trejo presented the item and answered questions.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Nibert/Testa to approve the item as recommended. Motion passed by the following vote:
City Council Minutes Page 5 of 6 March 5, 2024
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown called a recess at 8:55 p.m. and reconvened at 9 p.m.
15. Introduce an Ordinance amending Municipal Code Chapter 17.16 Tree Preservation and receive an update on the Urban Forest Master Plan and outreach results Recommendation:
1. Introduce an ordinance amending Chapter 17.16 of the Municipal Code regarding tree preservation.
2. Receive an update on the Urban Forest Master Plan and outreach results.
Matt Gruber, Landscape Architect, and Kevin C. with Dudek, presented the item and answered questions.
Mayor Brown opened public comment. The following individuals provided comment:
Mary Jane Medeiros, Sunil Hariani, and Amy Neely.
Mayor Brown closed the public comment.
MOTION: It was m/s by Nibert/Brown to establish an ad-hoc subcommittee to consider the heritage tree ordinance. The ad-hoc subcommittee membership is to be comprised of Councilmembers Arkin and Testa and one member of the current heritage tree appeal board.
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
At 10:30 p.m. by majority consensus, the City Council continued item 16 to a future meeting date.
16. Review of Pavement Management report completed by AMS Consulting for the bi- annual evaluation/reclassification of Street Surfaces Project, CIP No. 21521 Item continued to a future meeting.
MATTERS INITIATED BY COUNCIL
Mayor Brown requested a cost-reduction firm be hired to help the City assess cost- reduction needs. City Manager Beaudin requested that the topic be considered, if needed, after the March 19 meeting.
COUNCIL REPORTS
City Council Minutes Page 6 of 6 March 5, 2024
Councilmembers reported on regional and local agency meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 10:35 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 6 March 19, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, March 19, 2024
7:00 PM
CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
Councilmember Arkin provided opening remarks.
AGENDA AMENDMENTS
Coun
cilmember Balch requested City Council review of the project at 3200 Hopyard Road, P23-0177, as included in the supplemental meeting material for item 2.
CONSENT CALENDAR
Mayor Brown
opened public comment. The following individuals provided comment:
Barbara McKay, Esther Waltz.
Mayor Brown closed the public comment.
As to item 5: Mayor Brown abstained from voting on the whole item due to proximity to her residence to Fairlands; Councilmember Arkin abstained from voting on the Amaral Park agreement due to proximity to her residence; Testa abstained from voting on the Upper Bernal Field Park agreement.
MOTION: It was m/s by Nibert/Arkin to approve the consent calendar as recommended except for items 3 and 6, and with abstentions to item 5 as noted. Motion passed by the following vote:
Ayes:
Coun
cilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Noes:
None
Absent:
None
City Manager
1. Approve meeting minutes of February 20, 2024
Recommendation: Approve meeting minutes of February 20, 2024.
Community Development
City Council Minutes Page 2 of 6 March 19, 2024
2. Actions of the Zoning Administrator and Planning Commission Recommendation: Actions of the Zoning Administrator and Planning Commission.
3. Continued from February 20, 2024 - Receive information and approve recommendation that a parcel on West Jack London Boulevard in unincorporated Alameda County be moved into the City of Livermore Sphere of Influence, and that parcel and another parcel on East Stanley Boulevard both be annexed by the City of Livermore Recommendation: Receive information and consider the recommendation that the vacant parcel known as SMP-39 in unincorporated Alameda County be removed into the SOI of Livermore and that SMP-39, along with the parcel known as SMP-40, located further east, both be annexed by the City of Livermore.
MOTION: It was m/s by Balch/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Balch, Nibert, Mayor Brown
Noes: Councilmembers Arkin, Testa
Absent: None
Finance
4. Accept the monthly disbursements and investment report for January 2024 Recommendation: Accept claim disbursements in the amount of $12,858,581 and the investment report for the month of January 2024.
Library and Recreation
5. Approve City and PUSD agreements for Amador Valley High School Tennis Courts, Amaral Park, Pleasanton Upper Bernal Field Park, and Fairlands Elementary School Fencing; and terminate agreements for Tennis Courts Community Recreation and Synthetic Fields Use
Recommendation: Approve City and PSUD agreements for Amador Valley High School Tennis Courts, Amaral Park, Pleasanton Upper Bernal Field Park, and Fairlands Elementary School Fencing; and terminate agreements for Tennis Courts Community Recreation and Synthetic Fields Use.
Police
6. Approve Annual Street Closures for 2024
City Council Minutes Page 3 of 6 March 19, 2024
Recommendation: Approve the special events street closures for 2024.
MOTION: It was m/s by Balch/Arkin to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Mayor Brown
Noes: Councilmember Testa
Absent: None
Public Works
7. Approve plans and specifications, review bids, and award a construction contract to JMB Construction, Inc. in the amount of $7,852,150 for the Near-Term Water Improvements Project, CIP No. 24171 and budget amendments in the Water Operating Fund and the Water Replacement Capital Fund
Recommendation: Approve plans and specifications, review bids, and award a construction contract to JMB Construction, Inc. in the amount of $7,852,150 for the Near-Term Water Improvements Project, CIP No. 24171 and budget amendments in the Water Operating Fund and the Water Replacement Capital Fund.
1. Authorize the City Manager to enter into the project contract.
2. Authorize the Director of Public Works, or authorized staff, to approve and execute contract change order(s) for a contingency amount of $1,280,000 (approximately 15 percent of the contract and $100,000 for Zone 7 work) for unforeseen yet necessary related work.
3. Authorize the City Engineer to issue a purchase order with DPI, Inc. in the amount of $35,000 for the purchase of one 24-inch gate valve with a blind flange.
4. Authorize the Director of Public Works, or authorized staff, to issue a contract amendment for Woodard & Curran, Inc. for additional design services and construction support services in the amount of $110,000.
5. Authorize the City Manager to extend the purchase order agreement by six months for stand-by pumps at Turnout No. 4 with Rain for Rent for an additional amount of $62,400 for a not-to-exceed amount of $262,400.
6. Authorize the Director of Public Works, or authorized staff, to issue a Work Task Authorization under the on-call agreement (2022228) with Carlson Management, Inc. to provide construction management services in the amount of $330,000.
7. Authorize the consolidation of the Sunol Boulevard 20-Inch Water Main Project (CIP No. 24173) to the Turnout 4 Replacement and Booster Station and Stoneridge Drive 24-Inch Potable Water Main (CIP No. 24171) and rename CIP No. 24171 as Near-Term Water Improvements.
8. Approve the following budget amendments:
• Transfer $255,000 from the Sunol Boulevard 20-Inch Water Main Project
City Council Minutes Page 4 of 6 March 19, 2024
(CIP No. 24173) to the Near-Term Water Improvement (CIP No. 24171). • Increase expenditure budget appropriation for the Near-Term Water Improvement Project (CIP No. 24171) by $9,654,538.
• Increase revenue budget appropriation for the Near-Term Water Improvement Project (CIP No. 24171) by $100,000.
• Transfer $5,000,000 from the Water Operating Fund (Fund 420) to the Water Replacement CIP Fund (Fund 421).
8. Approve first amendment to the purchase order with Thatcher Company of California, Inc., increasing the not-to-exceed amount from $95,000 to $110,000 for water treatment chemicals
Recommendation: Authorize the City Manager to amend the annual recurring Purchase Order with Thatcher by increasing the not-to-exceed amount by $15,000 from $95,000 to $110,000 for FY 2023/24 for water treatment chemicals.
9. Approve second amendment to agreement with Woodard & Curran, Inc. for an increase of $282,950 for a total not-to-exceed amount of $792,177 and to extend the term through FY 2024/25 for development of the Sewer Collection System Hydraulic Model, Capacity Evaluation and Related Studies, Sewer Infrastructure Condition Assessments, and development of the 10-year Capital Improvement Program (CIP) for Sewer and approve budget amendments in the Sewer Replacement Fund
Recommendation:
1. Approve the second amendment and authorize the City Manager to execute the amendment to the agreement with Woodard & Curran, Inc.by an increase of $282,950, to an amount not-to-exceed $792,177 for development of a hydraulic model, capacity evaluation, and related studies, sewer infrastructure condition assessments, and development of the 10-year Capital Improvement Program for Sewer and extend the term through FY 2024/25.
2. Approve budget amendments in the Sewer Replacement Fund (Fund 431), transferring $92,177 from the Sewer System Management Plan Project (CIP No. 22289) to the Sewer Capacity Evaluation Project (CIP No. 16245).
10. Receive an update on Water System Activities
Recommendation: Receive an update on Water System Activities.
11. Continued from March 5, 2024 - Review of Pavement Management report completed by AMS Consulting for the bi-annual evaluation/reclassification of Street Surfaces Project, CIP No. 21521
Recommendation: Review the Pavement Management Report completed by AMS
City Council Minutes Page 5 of 6 March 19, 2024
Consulting for the bi-annual evaluation/reclassification of Street Surfaces Project, CIP No. 21521.
MEETING OPEN TO THE PUBLIC
12. Presentation of a proclamation recognizing March as American Red Cross month Councilmember Arkin presented the proclamation recognizing March as American Red Cross month to recipient Varsha Clare.
13. Presentation of a proclamation recognizing March 22 as the Annual March for Meals Month
Councilmember Arkin presented a proclamation recognizing the 22nd Annual March for Meals Month to recipient Kerry Olds.
14. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.
Mayor Brown opened public comment. The following individuals provided comment: Lou Astbury, John Krueger, Vicki LaBarge, Mary Vargas.
Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
15. Receive presentations on sales tax and financial forecast assumptions and provide direction on General Fund and Capital Improvements Program funding proposed reductions to discretionary funding and reallocation of certain capital project budget to fund critical projects
a. Receive a presentation on sales tax and financial forecast assumptions and provide direction regarding proposed reductions to discretionary funding Recommendation:
Receive a presentation on sales tax and financial forecast assumptions.
Receive direction from Council regarding proposed reductions to discretionary funding.
Ken Nordhoff with HdL, Susan Hsieh, Finance Director, and Chris Yi, Finance Manager, presented the item.
Mayor Brown
opened public comment. The following individuals provided comment:
Amanda Brown, Andrea Wilson.
City Council Minutes Page 6 of 6 March 19, 2024
Mayor Brown closed the public comment.
Mayor Brown called a recess at 9:24 p.m. and reconvened at 9:32 p.m.
MOTION: It was m/s by Arkin/Brown to extend the SRO and Crossing Guard Programs for one year and to begin negotiations with the Pleasanton Unified School District for a cost sharing agreement. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: Councilmember Balch
Absent: None
At 11:20 p.m. by majority consensus, the City Council decided to proceed with the remaining items on the meeting agenda.
b. Provide direction regarding staff recommendations for mid-term budget reallocation of existing non-restricted funds within the Capital Improvement Program to fund recently identified safety-related projects
Recommendation: Review staff recommendations regarding CIP projects that could be deleted, deferred, or partially defunded and provide direction toward development of the mid-term capital budget and updates to the four-year capital improvement program.
Adam Nelkie, Interim Public Works Director, presented the item.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Balch/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
Councilmember Arkin requested to add a Livermore Airport partners discussion to a future Council meeting. City Manager responded that updates will be provided once conversations can be had with Livermore.
COUNCIL REPORTS
Councilmembers reported on regional and local board meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 12:07 a.m.
______________________
Jocelyn Kwong, City Clerk
CITY COUNCIL AGENDA REPORT
Item # 4
May 7, 2024
City Manager
TITLE: ADOPT ORDINANCE NO. 2278 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 The foregoing Ordinance No. 2278 was introduced at a regular meeting of the City Council on April 16, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
Ordinance No. 2278
ORDINANCE NO. 2278
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING MUNICIPAL CODE TITLE 2 TO UPDATE THE DUTIES 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, Human 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: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Ordinance No. 2278
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. 2278
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 Commission 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 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.
§2.39.030 Membership-Appointments
A. The commission shall have seven commissioners, including one youth member (collectively the “commissioners”) all of whom shall be residents of the city.
B. The youth member shall be a minimum age of a high school freshman.
C. Commissioners, 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 .
E. Commissioners shall be compensated as established by city council resolution. § 2.39.040 Term of membership
Commissioners shall be eligible to serve a maximum of eight years with two four-year terms, except:
A. The youth member shall be eligible to serve a two-year term.
B. The terms of commissioners shall be consistent with and subject to city council resolution concerning limiting service on boards and commissions.
Ordinance No. 2278
§ 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 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 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 duties of the Human Services Commission 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.
§ 2.28.030 Membership—Appointments—Voting
A. The commission shall have seven commissioners, including one youth member (collectively the “commissioners”), all of whom shall be residents of the city.
Ordinance No. 2278
B. The commissioners shall be selected from the community at large. The youth member shall be the minimum age of a high school freshman. The commissioners, 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 D. Commissioners shall be compensated as established by city council resolution § 2.28.040 Term of membership
Commissioners shall be eligible to serve a maximum term of eight years with two four-year terms, except
A. The youth member shall be eligible to serve a two-year term.
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
The duties of the Pleasanton Library Commission 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.
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.
Ordinance No. 2278
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.
§ 2.34.030 Membership—Appointments
A. The commission shall have seven commissioners, including one youth member (collectively the “commissioners”) all of whom shall be residents of the city.
B. Six commissioners commissioners shall be selected from the community at large. One 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.
Commissioners, 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.
D. Commissioners shall be compensated as established by city council resolution. § 2.34.040 Term of membership
Commissioners shall be eligible to serve a maximum of eight years with two four-year terms, except:
A. The youth member shall be eligible to serve a two-year term.
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 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 2.34 remain unchanged.
Ordinance No. 2278
PARKS AND RECREATION COMMISSION
For the Parks and Recreation Commission, amend §2.32.020 Duties as follows:
§ 2.32.020 Duties
The duties of the Parks and Recreation Commission 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 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.
§ 2.32.030 Membership—Appointments
A. The commission shall have seven commissioners, one youth member (collectively the “commissioners”), all of whom shall be residents of the city.
B. Commissioners shall be selected from the community at large. The youth member shall be the minimum age of a high school freshman. Commissioners 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.
D. Commissioners shall be compensated as established by city council resolution. § 2.32.040 Term of membership
Commissioners shall be eligible to serve a maximum of eight years with two four-year terms, except:
A. The youth member shall be eligible to serve a two-year term.
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.
Ordinance No. 2278
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 2.32 remain unchanged. //
Item #5
CITY COUNCIL AGENDA REPORT
May 7, 2024
City Manager
TITLE: REVIEW AND CONSIDER THE CITY'S LEGISLATIVE FRAMEWORK WITH THE 2024 FOCUS AREAS, ESTABLISH THE CITY'S LEGISLATIVE POSITIONS ON
SELECTED BILLS, AND REQUEST CITY STAFF MONITOR REMAINING LEGISLATION THROUGHOUT THE 2024 LEGISLATIVE SESSION
SUMMARY
The Legislative Framework (Attachment 1) guides the City's response to pending state and federal legislation. The framework includes guiding principles, goals, and strategies that guide advocacy efforts on behalf of the City's interests. This framework establishes annual focus areas to guide the City's legislative positions.
The City Council Legislative Subcommittee (Vice Mayor Testa and Councilmember Arkin) met on March 14, 2024, to review and discuss the City's Legislative Framework with the 2024 Focus Areas, and discuss and recommend positions on the selected 2024 bills.
RECOMMENDATION
Review and consider the City's legislative framework with the 2024 focus areas, establish the City's legislative positions on selected bills, and request City staff monitor remaining legislation throughout the 2024 legislative session.
BACKGROUND
In 2016, the City Council adopted for the first time a Legislative Platform that outlined guiding principles, goals, and strategies, with a recommendation for federal, state, and local priorities and a recommendation for positions on pending legislation. In 2018, to better position the City's advocacy efforts, the 2016 Legislative Platform was updated into a Legislative Framework with recommended annual Legislative Focus Areas. Each year since then, the City Council Legislative Subcommittee reviews and discusses state and federal legislation and determines policy positions for recommendation to the City Council.
DISCUSSION
On March 14, 2024, the City Council Legislative Subcommittee met and reviewed the City's Legislative Framework and 2024 Focus Areas, which together will serve as a policy document to guide the City's advocacy efforts and assist staff in evaluating legislation and policy issues.
The Legislative Framework includes guiding principles that represent the City's overall legislative interests.
The 2024 Legislative Focus Areas were developed by considering the current political landscape at the federal and state level in addition to current regional and local issues; this does not preclude the City from responding to any legislation outside of these Focus Areas.
Staff will prepare position letters for the Mayor's signature as needed throughout the legislative session to respond to any bills of concern if in alignment with the City's adopted Legislative
Framework.
The Subcommittee and staff recommend the following Focus Areas for 2024. An overarching theme for each focus area is the City's ability to retain local control and decision-making.
Housing
• Support, promote, protect affordability in the housing stock • Support a balanced approach to housing solutions that consider housing, jobs and transportation together
• Support protection of impact fees
• Support the preservation of California Environmental Quality Act (CEQA) provisions that protect the environment and local control.
Fiscal Sustainability
• Oppose local, regional, state or federal mandates that are unfunded or partially funded • Oppose measures that seek to limit the City's ability to adopt revenue measures • Support effective options for cities to address unfunded pension liabilities that will ensure that cities remain financially stable and are able to provide services for their residents
• Support an update to the local government tax structure to respond to the new e- commerce that ensures equity of sales tax allocations to cities • Support state funding to implement SB 1383: The Short-Lived Climate Pollutants bill.
Pleasanton's Infrastructure and the Environment
• Support efforts to address PFAS in drinking water and secure funding for treatment • Support efforts to secure funding for a regional recycled water project • Support efforts to secure funding to address water supply, sewer, storm water, flood control, and development of new infrastructure
• Support efforts to secure funding for programs that help meet the City's Climate Action Plan (CAP 2.0) and other sustainability goals.
The Subcommittee reviewed numerous bills and is recommending adoption of positions on the 19 bills as shown in Attachment 2 and the summary overview provided in Table 1 below.
During the presentation, key bills from each focus area will be highlighted on which staff will be actively working with the City's advocacy firm this legislative session by providing comments and suggested amendments to the bill author and various legislative committees.
Table 1.
Focus Area Position Bill Number
Support
AB 1657
SB 393
SB 968
Housing
Oppose unless amended
AB 2553
AB 2904
AB 3068
AB 3177
SB 450
SB 1210
SB 1211
Support AB 2813
Fiscal Sustainability Recommended signing onto
Cal Cities Coalition
Opposition Letter
Initiative Constitutional
Amendment 1935
Support
AB 1567
AB 2330
SB 972
Infrastructure and the
Environment
Watch AB 1999
Local Control - Miscellaneous Support
AB 1168
SB 915
AB 817
AB 2631
Next Steps
Letters will be submitted for each bill, excluding those bills which are "Watch" status, and in coordination with Townsend Public Affairs staff will monitor these bills and act (i.e., taking a position or sending a letter) in accordance with the Legislative Framework.
EQUITY AND SUSTAINABILITY
The adoption of this framework will allow the City to formally support legislative efforts that help meet the City's Climate Action Plan (CAP 2.0) and other sustainability goals.
OUTREACH
On March 14, 2024, the City Council Legislative Subcommittee met and discussed the Legislative Framework and 2024 Focus Areas. The meeting was open to the public. No other outreach was performed for this item.
STRATEGIC PLAN ALIGNMENT
This item advances the ONE Pleasanton Strategic Plan goals as it allows the City to support or oppose legislation that aligns, or doesn't align, with the City's strategic plan, specifically toward goals of Funding Our Future: Fiscal Sustainability, Investing in Our Environment:
Infrastructure, Public Facilities, and Sustainability, and Building a Community Where Everyone Belongs: Livability and Community Development.
FISCAL IMPACT
There is no direct financial impact.
Prepared by: Submitted by: Approved by:
Aarón Zavala, Assistant to
the City Manager
Alexa Jeffress, Deputy City Manager
Gerry Beaudin, City
Manager
Attachments:
1. Draft City of Pleasanton Legislative Framework with 2024 Focus Areas
2. City of Pleasanton 2024 Proposed Positions on Legislation
Attachment 1
Adopted XXXX xx, xxxx
DRAFT
City of Pleasanton
Legislative Framework
City of Pleasanton Legislative Framework
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Guiding Principles
The Guiding Principles represent the City’s adopted policies and plans and frames the City’s legislative interests. The following documents may be found on the city’s website at www.cityofpleasantonca.gov or by clicking on links below.
• One Pleasanton 5 Year Strategic Plan 2023-2028
• Pleasanton Climate Action Plan 2.0
• Pleasanton General Plan 2005-2025
• Pleasanton Economic Development Strategic Plan
• Pleasanton Pedestrian and Bicycle Master Plan
• Pleasanton Human Services Needs Assessment Strategic Plan
Pleasanton’s Quality of Life
The City supports legislation and policies that provide opportunities to protect and enhance our residents’ quality of life through active living, a healthy lifestyle and diverse recreational services.
Safe and Secure Community
The City supports legislation and policies that provides access to resources and services for residents, such as quality police, fire, emergency management, emergency medical services, services for vulnerable populations and community benefit efforts.
Protect Local Control
The City supports legislation and policies that protects and ensures the City’s ability and authority to exercise local control, enable excellent public services and protect and enhance the quality of life for Pleasanton residents and businesses, and supports efforts to streamline regulations that simplify the City operations and opposes efforts to erode the City’s authority to control its own affairs.
Sustainable Development
The City supports legislation and policies that enable sustainable development including long term fiscal health for the City, affordable housing, conserving natural resources, recycling, green building, reducing energy usage and emitting fewer air pollutants.
Public Infrastructure
The City supports legislation that will enable continued improvement and maintenance of the City’s public infrastructure.
Housing
The City supports legislation that seeks balanced solutions which consider housing, jobs, and transportation together. The City supports legislation that provides, promotes and protects affordability in the housing stock. The City supports legislation that is context-sensitive, that
City of Pleasanton Legislative Framework
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does not take a one size fits all approach and allows the City to exercise its local control developing locally-appropriate plans that meet State objectives in a manner that is compatible with existing community character. The City supports legislation that provides funding and resources for infrastructure such as: water, sewer, streets, schools and services in tandem with new housing production mandates.
Environmental Awareness, Health, Land Use and Preservation Issue The City supports legislation and policies that provide for local control in determining land use and preservation issues. The orderly growth and development of the City together with the preservation of open-space is a high priority for the Pleasanton community. The City also supports legislation and policies that provide resources to enable environmental awareness and health in our community.
Fiscal Sustainability
No Unfunded Mandates. The City supports legislation that aids recovery of City costs stemming from State and/or Federal mandates and opposes legislation that seeks to impose any requirement upon City that is not fully funded.
Update Local Government Tax Structure. The City supports legislation and policies that reform the local government tax structure to respond to the growth in e-commerce, the shift in consumption of goods to the consumption of services, changing patterns of commerce and innovations in technology and remains consistent with existing constitutional protections for property, sales and local taxes.
Fiscal Responsibility. The City supports legislation and policies that protect existing federal, state, and local funding sources that provide revenues to the City of Pleasanton.
Effective and Cost-Efficient Government
The City supports policies and legislation that supports Pleasanton’s fiduciary responsibility to our residents to ensure assets and resources are properly safeguarded and deployed in a prudent, efficient manner.
Foster Economic Prosperity
The City supports legislation and policies that provides funding for economic development that promotes: economic health and resilience, business development and communication, workforce development, small business entrepreneurship training and assistance, economic stimulus, innovation capacity, and planning and implementation of regional transportation projects.
Strengthen Youth Programs, Services and Activities
The City supports legislation and policies that furthers the City’s commitment to nurturing a safe, supportive community that is responsive to the full range of needs of all children, youth, and their families. In partnership with youth, we will provide the essential environment to stimulate the individual potential of each young person.
City of Pleasanton Legislative Framework
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Goals
• Advocate the City’s legislative interests at the federal, state, regional, and county levels • Inform and provide information to our legislators
• Inform City Council and staff on the legislative process, key issues, and legislation that could have a potential impact on the City.
• Serve as an active participant with other local governments, the League of California Cities, regional agencies, and local professional organizations on legislative/regulatory issues that are important to the City and our region.
• Seek grant and funding assistance for City projects, services, and programs.
Strategies
• Communicate legislative positions on proposed federal, state, and county legislation, measures, initiatives, and governmental regulations
o Work with City departments and our legislative advocates to develop positions on proposed legislative measures.
o Review positions and analysis by the League of California Cities, legislative advocates and other local government/professional associations in formulating the City’s position.
o The City will take positions only on proposals that clearly impact our City or are a threat to local control.
o Actively track key bills through the legislative process. o Communicate the City’s position through correspondence, testimony, and in- person meetings.
o Work cooperatively with other cities, associations and the League of California Cities on advocating the City’s legislative position.
o As necessary, participate in the drafting and amending of proposed measures that have the potential to significantly impact the City. o Meet with legislators and their representatives, as well as other federal, state and county government officials on a regular basis, to discuss local government issues, proposed legislation, request for funding assistance, and City programs and services.
• Work collaboratively with Tri-Valley Cities to further The Tri-Valley Cities Legislative Framework.
• Support regional collaboration on legislative issues where there is alignment with the City’s Legislative Framework with partners that may include Valley Link, Pleasanton Unified School District, Livermore Amador Valley Transit Authority, Zone 7, East Bay Regional Park District, StopWaste, Alameda County, AVA Community Energy, etc.
• Seek federal, state, regional, and county funding through earmarks, grants and other discretionary funding for City projects, services and programs o Annually identify City projects for potential submittal for federal funding consideration; develop a submittal packet for legislators that provides information and need for the projects.
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o Provide information to City departments on potential grant funding opportunities and recognition programs.
o Advocate and request letters of support for City projects and grant applications or other resources that are being considered for federal, state and county funding.
The Process
City Council Legislative Subcommittee
The Subcommittee consists of Councilmember Valeri Arikin, Councilmember Julie Testa, City Manager Gerry Beaudin, and Assistant to the City Manager Becky Hopkins. Meetings are agendized and open to the public.
The City Council Legislative Subcommittee will meet to review and discuss the City’s Legislative Framework, annual Focus Areas, and pending/possible Legislation.
Guiding Principles. The Guiding Principles are based upon the City Council’s established Priorities, Work Plan and several policy documents and plans which provide an established framework for legislation, policies and regulations to be vetted from which a position may be developed.
Goals. The goals provide a clear direction for how to advocate and communicate the Legislative Framework annually.
Strategies. The strategies provide the action steps and process that staff will follow to ensure that the city’s Legislative Framework is communicated and addressed.
Pending/Possible Legislation. Pending and possible legislation is reviewed and discussed to determine the benefit to the city and its residents. A position is identified using the following definitions:
• Comment only or Position with Comments: Legislation that the City would like to provide comment to author’s office to invite collaboration and inform potential amendments
• Support: Legislation that the City should support as drafted • Support if ammended: that the City will support if author accepts City’s ammendments • Oppose: Legislation that the City should oppose as drafted • Oppose unless amended: Legislation the City opposes unless amended • Watch: City will take no formal position but will watch the Legislation and consider taking a position as the legislative process progresses
The Subcommittee reviews the Legislative Framework, annual Focus Areas, and legislation and forwards a recommendation to the City Council for consideration and adoption. The Legislative Framework, once adopted by the City Council will remain in effect until amended.
Oversight of the Legislative Framework
Upon the Legislative Framework adoption, the City Manager’s Office will exercise day-to-day oversight of legislative matters. In addition to coordinating formal action through the City
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Council, the City Manager and the Assistant to the City Manager will administer the city’s Legislative Platform.
Responding to Legislative Proposals
Upon the Legislative Framework adoption, the following process will be followed in response to legislative proposals:
• Once a determination has been made that a legislative proposal may impact the City, a letter outlining the City’s position will be drafted for the Mayor’s or City Manager’s signature
• If a legislative proposal or regulation arises that is not addressed by the adopted Legislative Framework and it is determined that it may impact the City, a draft position letter will be prepared for the City Council to review
• A copy of all legislative letters will be distributed routinely to the City Council.
Pleasanton Legislative Focus Areas 2024
The City’s ability to retain local control and decision making is an overarching theme in each focus area.
Housing
• Support, promote, protect affordability in the housing stock. • Support a balanced approach to housing solutions that consider housing, jobs and transportation together.
• Support protection of impact fees.
• Support the preservation of California Environmental Quality Act (CEQA) provisions that protect the environment and local control.
Fiscal Sustainability
• Oppose local, regional, state or federal mandates that are unfunded or partially funded. • Oppose measures that seek to limit the City’s abilities to adopt revenue measures. • Support effective options for cities to address unfunded pension liabilities that will ensure that cities remain financially stable and are able to provide services to their residents.
• Support an update to the local government tax structure to respond to the new e- commerce that ensures equity of sales tax allocation to cities. • Support state funding to implement SB 1383: The Short-Lived Climate Pollutants bill.
Pleasanton’s Infrastructure and the Environment
• Support efforts to address PFOA and PFAS in drinking water and secure funding for treatment.
• Support efforts to secure funding for a regional recycled water project.
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• Support efforts to secure funding to address water supply, sewer, storm water, flood control, and development of new infrastructure.
• Support efforts to secure funding for programs that help meet the City’s Climate Action Plan (CAP 2.0) and other sustainability goals.
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Appendix
• Tri-Valley Cities Legislative Framework 2024
• League of California Cities 2024 Advocacy Priorities
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TRI-VALLEY CITIES
Legislative Framework
2024
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TRI-VALLEY CITIES VALUES STATEMENT
The Tri-Valley Cities of Dublin, Livermore, Pleasanton, San Ramon, and the Town of Danville value regional leadership, innovation, collaboration, and problem solving to maintain and improve the quality of life for Tri-Valley residents, provide a vibrant climate for businesses, and enable continued opportunities for public and private investment within the region.
Each City and Town provides a unique perspective on how to meet the needs of their residents and businesses. The Cities and Town agree to respect the individuality of each community and are committed to open and honest communication with a goal of building consensus and a united approach to advocacy for solutions that will serve the residents and businesses of the Tri-Valley.
TRI-VALLEY CITIES LEGISLATIVE FRAMEWORK
The Tri-Valley Cities Legislative Framework seeks to inform all levels of governmental interaction (e.g., federal, state, regional, local) regarding legislation, policies, and programs that have a direct impact on the region. The TVC has defined Legislative Focus Areas which have an overarching objective to retain and promote local control and decision- making as it relates to the implementation of laws and regulations and to have the ability to integrate them in a manner that meets the unique needs of each community. The TVC will advocate together to achieve outcomes benefiting the region in each of these Focus Areas.
Transportation and Infrastructure
Residents of the Tri-Valley region are subject to some of the heaviest commutes in the Bay Area and are impacted by the heavy flow of traffic along the region’s freeways, which often spills over onto the local surface streets as commuters pursue alternatives to their commute through the Tri-Valley. A key objective of the region is to reduce congestion on the region’s freeways, and to increase mobility of goods and people through the Tri-Valley with continued financial investment in transportation infrastructure: developing alternative modes of transportation, modernization of transportation corridors, and creation, modernization, and expansion of rail systems. The TVC also seeks to partner on other significant non- transportation infrastructure projects, especially those with regional and multi-regional benefits.
Climate, Environment, and Health
The TVC seeks to work collaboratively with federal, state, and regional partners to address the new landscape of year-round wildfires, air quality, public safety power shutoffs, water quality (including PFAS/PFOS contaminants) and supply issues, as well as waste and recycling mandates. The TVC will advocate for increasing financial and technical support in these areas, as well as for investment in key infrastructure at all levels of government.
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Public Safety
The TVC prides itself on providing the highest quality of life for its residents, businesses, workers, and visitors alike – a critical part of which is ensuring the basic right to safety, without fear of harm to oneself or one’s property. As such, the coalition will advocate for reasonable public safety reforms, especially with regard to retail theft, burglary, and assault, all while maintaining a lens of equity.
Economic Development
The Tri-Valley region is an innovation hub that spurs job growth, sustains a healthy economy, and provides a high quality of life for residents and business. Key objectives are developing a healthy workforce; and supporting innovation, capacity building, economic stimulus, and growth in the region.
Affordable Housing and Homelessness
The TVC supports balanced solutions which consider housing, jobs, and transportation together and seeks to support, promote, protect, and increase affordability in the region’s housing stock. Key objectives are to work with federal, state, and regional partners to provide funding for affordable housing through a variety of programs and options and to work to address barriers to building housing at Very Low, Low, and Moderate income levels. TVC also remains committed to mitigating and eliminating homelessness, including working with partners at all levels of government to address the root causes of housing insecurity and homelessness.
Mental Health
The TVC recognizes that social services are vital to supporting residents and providing crucial safety net services in our region. While the TVC cities do not provide direct delivery of social services, the Cities seek to work together to support local non-profits and organizations that do provide these services, and advocate together for these vital resources and services from all levels of government. Mental health support is a growing need in our region, and the TVC seeks to advocate for the resources to meet the needs of all our residents.
Fiscal Sustainability
Fiscal Sustainability is an important role for all levels of government. The TVC seeks to advocate against the imposition of unfunded mandates and the removal of funding streams from local governments.
2024
PAGE
1
League of California Cities 2024 Advocacy Priorities
1. Safeguard local revenues and bolster local economic development.
Cities are the engine of the state economy. With a looming state budget deficit, it is critical to counter efforts by the state and corporations to erode or skim local revenue.
Cal Cities supports increasing local revenue streams for local governments and opposes any effort to reduce or eliminate existing funding to cities. Cal Cities will use every tool in the toolbox — legislative, legal, and grassroots mobilization — to fight a 2024 ballot measure that represents an existential threat to local control. The measure, sponsored by the California Business Roundtable, would put at risk billions of dollars for essential local services. Cal Cities also supports legislation that will fund a state-local partnership to enhance economic development in these uncertain fiscal times.
2. Strengthen climate change resiliency and disaster preparedness.
The threat of climate change is no less during tough economic times. The state needs to accelerate its efforts to prepare, reduce, and adapt to the ever-changing risks posed by climate change — especially in vulnerable and under-resourced communities.
These risks include wildfires, flooding, drought, and other extreme weather events. Cal Cities will pursue funding strategies, including potentially a bond, that provide cities with the necessary resources to improve community and infrastructure resiliency. Cal Cities will also seek to advance a partnership with state and federal agencies to strengthen essential infrastructure, including modernizing the state’s water supply and energy grid.
3. Improve public safety in California communities.
A spike in retail theft, violent smash-and-grab robberies, fentanyl deaths and illicit drug use, and back-to-back natural disasters, as well as strained social services are creating challenges beyond the capacity of local governments. Cal Cities will partner with the state to advance solutions that help reduce crime, increase emergency service capacity, and provide more support to those residents struggling with substance abuse.
We will work with the Legislature, the Governor, and allies to craft legislation that will reform Proposition 47, while avoiding a return to the days of mass incarceration.
4. Expand investments to prevent and reduce homelessness and increase the supply of affordable housing.
California cities are doing more than ever to get residents off the streets and into safe, stable, and affordable housing. However, the homelessness crisis in the world’s fifth- largest economy continues unabated — fueled in part by a lack of affordable housing.
Cal Cities is calling on the state to provide ongoing funding to bolster local efforts to support individuals experiencing, or at risk of, homelessness as well as strengthen state and local partnerships to improve access to wraparound services, including mental health and substance use treatment. Cal Cities also supports ongoing funding for cities to jumpstart the construction of affordable housing, while ensuring cities retain local decision-making and flexibility to achieve community and state housing goals.
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
HOUSING
1 AB 1657 (Wicks)
The Affordable
Housing Bond Act of
2024.
Under existing law, there are programs providing assistance for, among other things, emergency housing, multifamily housing, farmworker housing, home ownership for very low and low-income households, and down payment assistance for first-time home buyers. Existing law also authorizes the issuance of bonds in specified amounts pursuant to the State General Obligation Bond Law and requires that proceeds from the sale of these bonds be used to finance various existing housing programs, capital outlay related to infill development, brownfield cleanup that promotes infill development, and housing-related parks. This bill would enact the Affordable Housing Bond Act of 2024, which, if adopted, would authorize the issuance of bonds in the amount of $[TBD] pursuant to the State General Obligation Bond Law. Proceeds from the sale of these bonds would be used to finance programs to fund affordable rental housing and homeownership programs, as provided. This bill contains other related provisions.
Support None/ Support
2 AB 2553 (Friedman)
Housing
development: major
transit stops:
vehicular traffic
impact fees.
Broadens / modifies definition of major transit stop for the purposes of impact fee assessments, and exemptions from CEQA. This bill would revise the definition of “major transit stop” to increase the frequency of service interval to 20 minutes and would additionally define “major transit stop” to include a site in an urbanized area that is being served by an on-demand transit service at least 12 hours a day, 7 days a week. Because the bill would require a lead agency to make an additional determination as to whether a location is a major transit stop for purposes of determining whether residential or mixed-use residential projects are exempt from CEQA, this bill would impose a state-mandated local program.
Oppose unless
amended
None/Track
Attachment 2
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
3 AB 2904 (Quirk-
Silva)
Zoning ordinances:
Notice
Requires 60-day notice to property owner when re-zoning prior to the hearing on the ordinance or amendment where it is currently a 10-day notice prior to the hearing on the ordinance or amendment.
Oppose unless
amended
(Increases burden
and creates more
strict timelines for
already time-bound
process, in the
instance of a
required re-zone to
meet No Net Loss
requirements)
None/Track
4 AB 3068 (Haney)
Adaptive reuse:
streamlining:
incentives.
This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior’s Standards for Rehabilitation or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to comply with any broadly applicable housing affordability requirement, as defined, adopted by the local government and would require at least one- half of the square footage of the adaptive reuse project to be dedicated to residential uses, unless the project is an office conversion project, as specified. The bill would authorize an adaptive reuse project subject to these provisions to include the development of new residential or mixed-use structures on undeveloped areas and parking areas on the parcels adjacent to the proposed adaptive reuse project site if certain conditions are Oppose unless
amended
(further reduces
local control, broadly
defines adaptive re-
use to allow
redevelopment of
portions of the site
adjacent to existing
building, limits ability
to require payment
of impact fees)
None/Pending
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
met. The bill would, if a local government’s planning director or equivalent position determines that the adaptive reuse project submitted pursuant to these provisions is consistent with the objective planning standards, require the local government to approve the adaptive reuse project within specified timeframes.
This bill would exempt an adaptive reuse project from all impact fees that are not directly related to the impacts resulting from the change of use of the site from nonresidential to residential or mixed use and would require any fees charged to be proportional to the difference in impacts caused by the change of use. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the streamlined, ministerial review process described above, would exempt the approval of adaptive reuse projects subject to those processes from CEQA.
5 AB 3177 (Carillo)
Mitigation Fee Act:
land dedications:
mitigating vehicular
traffic impacts
Existing law requires a local agency that imposes a fee on a housing development for the purpose of mitigating vehicular traffic impacts to set the rate for the fee to reflect a lower rate of automobile trip generation if the housing development satisfies specified characteristics, including that the housing development is located within a 1/2 mile of a transit station. Existing law defines transit station for these purposes to mean a rail or light-rail station, ferry terminal, bus hub, or bus transfer station. This bill would instead require the housing development to be located within a 1/2 mile of a transit priority area for purposes of a local agency setting the rate for a mitigating vehicular traffic impacts fee to reflect a lower rate of automobile trip generation. The bill would define “transit priority area” as an area within 1/2 mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a
Oppose unless
amended
(limits ability to
require mitigation of
traffic impacts in the
form of fees and
land dedications)
None/Track
DRAFT 2024 Legislative Positions
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Updated 4.17.2024
Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
Transportation Improvement Program or applicable regional transportation plan. The bill would also prohibit local agency from imposing a land dedication requirement, as defined, on a housing development for the purpose of mitigating vehicular traffic impacts or achieving an adopted level of service related to vehicular traffic.
6 SB 393 (Glazer)
California
Environmental Quality
Act: judicial
challenge:
identification of
contributors:
housing projects.
For the purposes of a CEQA lawsuit, this bill would authorize a defendant, in an action brought pursuant to the act relating to a housing development project, to file a motion requesting the plaintiff or petitioner to identify every person or entity that contributes in excess of $10,000, as specified, toward the plaintiff’s or petitioner’s costs of the action.
Support None/Watch
7 SB 450 (Atkins)
Housing
development:
approvals.
Amends SB 9 as follows:
• Would remove the requirement that a proposed housing
development does not allow for the demolition of more than 25% of the existing exterior structural walls to be considered ministerially.
• Would prohibit a local agency from imposing objective zoning standards, objective subdivision standards, and objective design standards that do not apply uniformly to development within the underlying zone but would specify that these provisions do not prohibit a local agency from adopting or imposing objective zoning standards, objective subdivision standards, and objective design standards on the development if the standards are more permissive than applicable standards within the underlying zone.
• Would remove the authorization for a local agency to deny a proposed housing development if the building official makes a Oppose Unless
Amended.
(Limits ability to
apply objective
standards to SB 9
projects; broadens
scope of projects
eligible for SB 9, and
removes ability to
deny a project
based on adverse
environmental
impacts; shortens
approval timelines)
None/Watch
DRAFT 2024 Legislative Positions
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Updated 4.17.2024
Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
written finding that the proposed housing development project would have a specific, adverse impact upon the physical environment.
• Would require the local agency to consider and approve or deny the proposed housing development application within 60 days from the date the local agency receives the completed application, and would deem the application approved after that time.
• Would require a permitting agency, if it denies an application, to provide a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.
8. SB 968 (Seyarto)
Planning and zoning:
regional housing
needs allocation
This bill would permit the council of governments or delegate subregion, in developing the methodology, to consider prior overproduction of housing units in a city or county from the previous regional housing need allocation in a particular income category and to count it as credit toward the future regional housing need allocation of that same income category in the next cycle. The bill would provide that the amount eligible to count as credit toward the next cycle is determined by each jurisdiction’s most recent annual progress report, as specified.
Support
(allows
“overproduction” of
units in prior RHNA
to count towards
next cycle)
None/Support
9. SB 1210 (Skinner)
New housing
construction:
electrical, gas, sewer,
and water service
connections: charges.
This bill would, for new housing construction, prohibit a connection, capacity, or other point of connection charge from a public utility, as defined, or a special district, as defined, for electrical, gas, sewer, or water service from exceeding 1% of the reported building permit value of that housing unit. The bill would require a public utility or special district to issue an above-described charge over a period of at least 10 years commencing on the date when the housing unit is first occupied, as specified. The bill would require a public utility to publicly report on its internet website the amount of any charge issued each year pursuant the above-described provision by the housing unit’s address. The bill would also require a public utility to prioritize the processing, approval, scheduling, and completion of Oppose unless
amended
(Limits total amount
of utilities
connection charges,
and requires
payment of charges
to be paid over a 10-
year period.)
None/Pending
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
electrical, gas, sewer, and water service connections to new housing construction over the processing, approval, scheduling, and completion of service connections to all other structures.
10. SB 1211 (Skinner)
Land use: accessory
dwelling units:
Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing law requires ministerial approval of accessory dwelling units, as specified, if the local agency does not adopt an ordinance governing accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed-use zone to create any of specified variations of accessory dwelling units. Under existing law, one of those variations requires a local agency to ministerially approve multiple accessory dwelling units within the portion of existing multifamily dwelling structures that are not used as livable space, as described, if each unit complies with state building standards for dwellings. Existing law requires a local agency to allow at least one of those accessory dwelling units within an existing multifamily dwelling and allow up to 25% of the existing multifamily dwelling units (inside dwelling ADU requirements).Under existing law, another variation requires a local agency to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation and rear yard and side setbacks, as specified (detached ADU requirements).For purposes of the detached ADU requirements, this bill would prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allow up to 25% of the existing multifamily dwelling units.
Oppose unless
amended
(Amends
requirements for
ADUs on multi-
family projects to not
replace parking lost
from conversion of
garages or carports,
and increase total
number of detached
ADUs on Multi-
family sites)
None/Pending
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
The bill would specify that the number of accessory dwelling units allowed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements.
FISCAL SUSTAINABILITY
11 Initiative
Constitutional
Amendment
1935. (21-0042A1)
This measure would limit the ability of voters and state and local governments to raise revenues for government services.
For new or increased state taxes currently enacted by two-thirds vote of Legislature, also requires statewide election and majority voter approval. Limits voters’ ability to pass voter-proposed local special taxes by raising vote requirement to two-thirds. Eliminates voters’ ability to advise how to spend revenues from proposed general tax on same ballot as the proposed tax. Expands definition of “taxes” to include certain regulatory fees, broadening application of tax approval requirements. Requires Legislature or local governing body set certain other fees. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: Lower annual state and local revenues, potentially substantially lower, depending on future actions of the Legislature, local governing bodies, voters, and the courts.
Signed onto Cal
Cities Coalition
Opposition Letter
– April 16, 2024
None/Oppose
12 AB 2813 (Aguiar-
Curry)
Government
Investment Act
The Legislature adopted ACA 1 at the 2023 –24 Regular Session of the Legislature, which, if approved by the voters, would amend and add provisions of the California Constitution to (1) create an additional exception to the 1% limit on the ad valorem tax rate on real property by authorizing a local jurisdiction to levy an ad valorem tax to service bonded indebtedness incurred to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent sup portive housing, if the proposition proposing that tax is approved by 55% of the voters in Support None/Pending
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
that local jurisdiction; and (2) authorize a local jurisdiction to impose, extend, or increase a sales and use tax to fund the construction, reconstruction, rehabilitation, or replacement of public infrastructure, affordable housing, or permanent supportiv e housing, if the proposition proposing that tax is approved by 55% of the voters in that local jurisdiction. Pursuant to the existing law described above, ACA 1 is scheduled to appear on the ballot at the November 5, 2024, statewide general election.
This bill, AB 2813, would authorize a local government that imposes a tax under ACA 1 to commit revenues to affordable housing programs, including down payment assistance, first-time home buyer programs, and owner-occupied affordable housing rehabilitation programs. The bill would require a local government to ensure that any project that is funded with ACA 1 bonded indebtedness or ACA 1 special taxes to have an estimated useful life of at least 15 years or 5 years if the funds are for specified public safety buildings, facilities, and equipment.
INFRASTRUCTURE AND THE ENVIRONMENT
13 AB 1567 (Garcia D)
Safe Drinking Water,
Wildfire Prevention,
Drought Preparation,
Flood Protection,
Extreme Heat
Mitigation, and
Workforce
Development Bond
Act of 2023.
This bill would enact the Safe Drinking Water, Wildfire Prevention, Drought Preparation, Flood Protection, Extreme Heat Mitigation, and Workforce Development Bond Act of 2023, which, if approved by the voters, would authorize the issuance of bonds in the amount of $15,105,000,000 pursuant to the State General Obligation Bond Law to finance projects for safe drinking water, wildfire prevention, drought preparation, flood protection, extreme heat mitigation, and workforce development programs. This bill contains other related provisions.
Support None/Support if
Amended
DRAFT 2024 Legislative Positions
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Updated 4.17.2024
Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
14 AB 1999 (Irwin)
Electricity: Fixed
charges.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations.
Existing law authorizes the commission to adopt new, or expand existing, fixed charges, as defined, for the purpose of collecting a reasonable portion of the fixed costs of providing electrical service to residential customers. Under existing law, the commission may authorize fixed charges for any rate schedule applicable to a residential customer account. Existing law requires the commission, no later than July 1, 2024, to authorize a fixed charge for default residential rates. Existing law requires these fixed charges to be established on an income-graduated basis, with no fewer than 3 income thresholds, so that low-income ratepayers in each baseline territory would realize a lower average monthly bill without making any changes in usage. This bill would repeal the provisions described in the preceding paragraph. The bill would instead permit the commission to authorize fixed charges that, as of January 1, 2015, do not exceed $5 per residential customer account per month for low-income customers enrolled in the California Alternate Rates for Energy (CARE) program and that do not exceed $10 per residential customer account per month for customers not enrolled in the CARE program. The bill would authorize these maximum allowable fixed charges to be adjusted by no more than the annual percentage increase in the Consumer Price Index for the prior calendar year, beginning January 1, 2016. This bill contains other related provisions and other existing laws. (Based on text date 1/30/2024)
Watch None/Taking to
Policy Committee
Ava Community
Energy Monitoring
and conducting
analysis of the bill.
Board to make a
decision in March.
15 AB 2330 (Holden)
Endangered species:
authorized take:
routine fuel
This bill would require the department to, within 90 days of receiving an application, authorize through permits or memorandum of understanding the take of endangered species, threatened species, and candidate species incidental to any routine fuel management activities conducted by local agencies on lands that are within moderate, high, or very high fire hazard severity zones and adjacent to wildland-urban interface fire areas. The bill would Support None/Sponsor-
Support
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
management
activities.
require the State Fire Marshal, if the department does not grant authorization within 90 days, to make a determination within 30 days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property.
16 SB 972 (Min)
Methane emissions:
organic waste:
landfills.
The bill would require the department, the state board, and the California Environmental Protection Agency to hold at least 2 joint meetings per calendar year to coordinate their implementation of policies that affect those specified targets for reducing organic waste in landfills and the department’s regulations adopted to achieve those goals, as specified.
Support None/Sponsor-
Support
LOCAL CONTROL - MISCELLANEOUS
17 AB 1168 (Bennett)
Emergency medical
services (EMS):
prehospital EMS.
Would require a city or fire district to retain its authorities and the administration of prehospital emergency medical services (EMS) if it provided, as of June 1980, prehospital EMS through a joint powers agreement with a county and ceased to contract for, provide, or administer prehospital EMS as a result of a judicial finding, or if it is, as of January 2024, providing prehospital EMS and enters a joint powers agreement with a county for joint exercise of powers regarding prehospital EMS.
Support None/ Sponsor -
Support
18 SB 915 (Cortese)
Local government:
autonomous
vehicles.
Would prohibit an autonomous vehicle service, which has received approval to conduct commercial passenger service or engage in commercial activity using driverless vehicles by the Department of Motor Vehicles, the Public Utilities Commission, or another state agency, from commencing operation within a local jurisdiction until authorized by a local ordinance enacted pursuant to the bill’s provisions. The bill would authorize each city, county, or city and county in which an autonomous vehicle has received authorization to operate, to protect the public health, safety, and welfare by adopting an ordinance or resolution in regard to autonomous vehicle services within that jurisdiction. The bill would require each Support None/Sponsor -
Support
DRAFT 2024 Legislative Positions
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Bill # and Title Description Recommended
City Position
TVC
Position/League
Position
city, county, or city and county that adopts an ordinance or resolution to include certain provisions within that ordinance or resolution. These would include a policy for entry into the business of providing autonomous vehicle services including a permitting program, the establishment of reasonable vehicle caps and hours of service restrictions, and the establishment of an interoperability or override system accessible by first responders in case of an emergency.
19 AB 817 (Pacheco)
Open meetings:
teleconferencing:
subsidiary body.
This bill, until January 1, 2026, would authorize a subsidiary body, as defined, to use similar alternative teleconferencing provisions and would impose requirements for notice, agenda, and public participation, as prescribed. In order to use teleconferencing pursuant to this act, the bill would require the legislative body that established the subsidiary body by charter, ordinance, resolution, or other formal action to make specified findings by majority vote, before the subsidiary body uses teleconferencing for the first time and every 12 months thereafter.
Support None/Sponsor-
Support
20 AB 2631 (Fong)
Local agencies:
ethics training.
Current law requires all local agency officials to receive training in ethics, at specified intervals, if the local agency provides certain monetary payments to a member of a legislative body, as provided.
Current law requires all local agency officials who are members of specified public bodies to receive the above-described training, whether or not the member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. This bill would, contingent upon an appropriation for these purposes, require the Fair Political Practices Commission, in consultation with the Attorney General, to create, maintain, and make available to local agency officials an ethics training course, as specified.
Support None/Sponsor-
Support
Item #6
CITY COUNCIL AGENDA REPORT
May 7, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING
COMMISSION
P24-0195, Felipe Gutierrez
Application for Administrative Design Review approval to modify the flat roof to a gable roof at 2233 Goldcrest Circle.
Approved. (8 days)
P24-0132, Lorin Nelson, P.E.
Application for Administrative Design Review approval to construct an approximately 286-square-foot single-story addition to the northeast of the home located at 2542 Secretariat Drive.
Project Information:
Existing floor area: 1,504 square feet
Total floor area with addition: 1,790 square feet
Lot size: 4,837 square feet
Existing floor area ratio: 31.09 percent
Total floor area ratio with addition: 37.01 percent
Approved. (12 days)
P24-0200, Adam Jenkins/Proficient Landscape Inc
Application for Administrative Design Review approval to construct an approximately 630-square-foot, 13-foot and 2-inch-tall patio cover in the rear yard of the existing residence located at 3300 Medallion Court.
Approved. (9 days)
P24-0202, Angelo Madrigal
Application for Administrative Design Review approval to install one new window on the second-floor, rear elevation, of the existing single-family residence located at 1455 Maple Leaf Court.
Approved. (8 days)
P24-0203, Kumar Dhuvur
Application for Administrative Design Review approval to construct approximately 273- square-foot, single-story addition to the left (south) of the existing residence located at 3635 Portsmouth Court.
Project Information:
Existing floor area: 3,163 square feet
Total floor area with addition: 3,436 square feet
Lot size: 10,315 square feet
Existing floor area ratio: 30.66 percent
Total floor area ratio with addition: 33.31 percent
Approved. (10 days)
PUD-93-02-20M, (P24-0262), Terry Townsend
Application for a Planned Unit Development (PUD) Minor Modification to the approved PUD development plan (PUD-93-02) and an Administrative Design Review (P24-0262) to construct an approximately 1,341-square-foot addition to the first and second floors of an existing two-story structure, which will encroach approximately 2 feet, 6 inches into the required 30-foot rear yard setback area. Proposed addition includes four new second-story windows and a new second-story balcony to the rear (northeast) of the existing residence located at 1901 Via Di Salerno.
Project Information:
Existing floor area: 5,524 square feet
Total floor area with addition: 6,865 square feet
Lot size: 20,051 square feet
Existing floor area ratio: 27.55 percent
Total floor area ratio with addition: 34.24 percent
Approved. (14 days)
Planning Commission, April 10, 2024
Commissioners Present: Anurag Jain, Vivek Mohan, Ken Morgan, Brandon Pace via Teleconference, Stephanie Wedge, and Chair Matt Gaidos
Commissioners Absent: None
P23-0599, Kelley Rutchena, 5976 & 5994 West Las Positas Boulevard Application for Design Review and a Vesting Tentative Map for a housing development that includes the demolition of two existing commercial buildings and construction of 146 multi-family residential units with 38 accessory dwelling units with associated site improvements located at 5976 & 5994 West Las Positas Boulevard.
Recommendation: Adopt Resolution No. PC-2024-07 denying the applications for Design Review and Vesting Tentative Tract Map, filed as P23-0599.
Actions Taken: Adopt Resolution No. PC-2024-07, 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 #7
CITY COUNCIL AGENDA REPORT
May 7, 2024
Community Development
TITLE: PUBLIC HEARING - INTRODUCE AND WAIVE FIRST READING OF AN
ORDINANCE APPROVING AN APPLICATION TO ESTABLISH DEVELOPMENT STANDARDS AND CONSTRUCT A 1,117-SQUARE-FOOT ADDITION TO THE FRONT, A 65-SQUARE-FOOT ATTACHED FRONT COVERED PORCH, AND A 160-SQUARE-FOOT ATTACHED REAR COVERED PORCH TO AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 544 SYCAMORE ROAD (PUD-149)
SUMMARY
The applicant, Douglas Harwood of Classic Home Design, is proposing to establish development standards of the R-1-40,000 District for the subject parcel. The project also includes the construction of a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to an existing single- family residence. The subject lot is part of the North Sycamore Specific Plan (NSSP) and is zoned Planned Unit Development - Agriculture (PUD-A); however, no PUD development plan has been approved for the site to establish applicable development standards. The Pleasanton Municipal Code (PMC) Chapter 18.68.050 restricts development of a site within a PUD district until all provisions of chapter 18.68 have been completed, which includes a development plan.
Such approval is required in order to construct an addition. The City Council may approve, approve with conditions, or deny the PUD development plan application.
RECOMMENDATION
1. Find the project is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA),
2. Make the PUD findings for approval of the proposed development plan as stated in the draft ordinance, Attachment 1; and
3. Introduce the draft ordinance approving Case PUD-149, subject to conditions of approval listed in Exhibit A of Attachment 1.
BACKGROUND
The subject lot at 544 Sycamore Road is located within the North Sycamore Specific Plan (NSSP) area. Within the NSSP, the subject lot has a land use designation of Planned Unit Development Agricultural (PUD-A). The intent of the PUD-A land use designation is to allow residential development on larger lots with buffers from existing rural residential and to maintain adequate light, air, privacy, and separation between dwellings. Per this designation, development of the site requires approval of a PUD development plan, which is subject to Planning Commission and City Council approval. See the Planning Commission agenda report, Attachment 2, for additional background information.
PLANNING COMMISSION ACTION
On March 27, 2024, the Planning Commission, on a 5-0 vote for the item as part of the consent calendar, recommended approval of the application based on the project analysis and PUD considerations and subject to the Conditions of Approval shown in Attachment 1. The Planning Commission agenda report is included as Attachment 2 and the Planning Commission minutes as Attachment 3.
DISCUSSION
Site and Area Description
The subject lot is located on the north side of Sycamore Road, just off Sycamore Creek Way, as seen in Figure 1. With the exception of the lot south of Sycamore Road zoned PUD-A/MDR (Planned Unit Development – Agricultural/Medium-Density Residential), all of the surrounding lots adjacent to the subject lot and along Sycamore Road are primarily zoned PUD-A or PUD- LDR/A (Planned Unit Development – Low-Density Residential/Agricultural), as seen Figure 2.
The existing houses in the neighborhood are both one- and two-story and sited with ample front yard setbacks from Sycamore Road.
The subject 43,484-square-foot (approximately .99-acre) lot is generally flat with very little topography change across the lot and significant vegetation in the form of mature trees around and on the lot, primarily on the western and northern borders. The property contains an existing approximately 2,350-square-foot single-story house, a 525-square-foot attached garage, and an 1,800-square-foot barn, visible in Figure 1. Figure 3 shows the site and existing home as viewed from Sycamore Road; Figure 4 shows the proposed elevation.
Figure 1: Aerial Photograph
Figure 2: Zoning Map
Figure 3: View from Sycamore Road
Figure 4: Proposed Front Elevation
Project Description
The applicant proposes to establish development standards for the subject parcel consistent with those of the R-1-40,000 Zoning District for the existing residence and accessory structures. The applicant also proposes to construct an approximately 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to the existing single-family residence, as shown in Attachment 2,
Exhibit B - Project Plans, and illustrated in Figure 4, above. There are eight trees on the property that would be potentially impacted by construction activities. The proposal includes the removal of one non-heritage tree. The tree removal is further detailed in the attached arborist report, Attachment 2, Exhibit C.
The proposed addition will be set back 30-feet from the front property line and maintain generous setbacks on the remaining sides, including a setback of 62-feet 3-inches on the west (addition area) and 20-feet on the east (side). In conjunction with the addition, the existing residence’s exterior is proposed to be remodeled consistent with a traditional / ranch architectural style (see Figure 4 above; and Attachment 2, Exhibit B - Project Plans).
Consistency with General Plan and Zoning Land Uses
The project’s proposed land uses conform to the NSSP's PUD-Agriculture Land Use Designation for the project site. A detailed analysis and discussion of the proposed project including discussion of consistency with the NSSP and zoning, site design, and building design is included in the attached Planning Commission agenda report, Attachment 2. Table 1, below, is a comparison of the development standards in the A-district, proposed development standards (R-1-40,000), and the proposed project. The project meets the R-1- 40,000-district standards in all respects. Since the R-1-40,000 zoning district standards are designed for single-family residential parcels of approximately 1 acre in size, they are suitable and appropriate for this 0.99 acre lot.
As detailed in the report, staff concluded the proposed project plans are appropriate for the subject property, and would result in a project consistent with the streetscape which helps mitigate the scale of the proposed development, and relates well to the site and neighborhood.
Additionally, the proposed additions are well-designed and compatible with other residential developments near this site.
Table 1: Site Development Standards
1. Enclosed accessory structures are included in the calculation.
2. Measured from the average elevation of the natural grade of the ground covered by the structure to the mean height between the eaves and ridges, as defined by the PMC.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
This project is exempt from environmental review pursuant to the California Environmental Quality Act Guidelines (CEQA), pursuant to Section 15182, Projects Pursuant to a Specific Plan.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.
OUTREACH
Notice of this application was sent to surrounding property owners and tenants within a 1,000- foot radius of the site and published in the newspaper. The noticing map is included in Attachment 2, Exhibit D . At the time this report was published, staff has not received any public comments.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine matter of City business.
FISCAL IMPACT
There are no financial impacts associated with the recommended action, beyond the possibility of standard building permitting fees being collected as any future work on the property requires.
Prepared by: Submitted by: Approved by:
Diego Mora, Associate
Planner
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Draft Ordinance and Conditions of Approval
2. March 27, 2024 Planning Commission Meeting with Exhibits Excerpt
3. March 27, 2024 Planning Commission Minutes
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON
APPROVING THE APPLICATION FOR A PLANNED UNIT DEVELOPMENT (PUD)
DEVELOPMENT PLAN TO ESTABLISH DEVELOPMENT STANDARDS AND CONSTRUCT A 1,117-SQUARE-FOOT ADDITION TO THE FRONT, A 65-SQUARE- FOOT ATTACHED FRONT COVERED PORCH, AND A 160-S QUARE-FOOT
ATTACHED REAR COVERED PORCH TO AN EX ISTING SINGLE-F AMILY RESIDENCE LOCATED AT 544 SYCAMORE ROAD, AS FILED UNDER CASE NO.
PUD-149
WHEREAS, on October 16, 2023, Douglas Harwood (“Applicant”) applied for PUD development plan approval under case No. PUD-149 to establish development standards and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to an existing single-family residence (“Project”) located at 544 Sycamore Road (“Property”); and
WHEREAS, the Property is designated Low Density Residential in the General Plan; and
WHEREAS, the Property is located in the North Sycamore Specific Plan area with a land use designation of PUD-A; and
WHEREAS, the proposed project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to 15182, Projects Pursuant to a Specific Plan; and
WHEREAS, on March 27, 2024, with a 5-0 vote, the Planning Commission determined the development plan is appropriate for the site, made the findings, and recommended to the Pleasanton City Council PUD-149 be approved; and WHEREAS, on May 7, 2024, the Pleasanton City Council held a duly noticed public hearing on this application and considered all public testimony, agenda reports, and related materials, and the recommendations of City staff and the Planning Commission; and
WHEREAS, after review of the materials presented, the City Council determined that the PUD plan is consistent with the General Plan, North Sycamore Specific Plan, and purposes of the PUD ordinance based on the considerations set forth in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: The City Council approves case PUD-149, the application of Douglas Harwood for PUD Development Plan approval to establish development standards and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front Attachment 1
Ordinance No.
Page Two
covered porch, and a 160-square-foot attached rear covered porch to an existing single- family residence for 544 Sycamore Road, subject to the conditions as shown in Exhibit A, attached hereto and made part of this ordinance by this reference.
Section 2: 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 3: This ordinance shall become 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 May 7, 2024 by the following vote
Ayes:
Noes:
Absent:
Abstain:
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
EXHIBIT A
CONDITIONS OF APPROVAL
PUD-149
544 Sycamore Road
The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain compliance with the conditions of approval below. Where approval by the Director of Community Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and Safety Official, Fire Department or other City staff is required, review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted practices related to the approval. In addition to complying with the conditions below, the applicant is required to comply with all applicable federal, state, and local laws that pertain to this project, whether or not specifically noted herein.
This approval is granted for a Planned Unit Development approval to establish development standards for an existing single-family residence zoned PUD (Planned Unit Development) - A (Agricultural) and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to the existing single- family residence of the property at Assessor Parcel No. 948-17-3-2 at 544 Sycamore Road.
Development shall be substantially as shown on the project materials listed below:
a. Project plans, Exhibit B, prepared by Douglas J. Harwood for Varma Kottapali & Soujanya Vuppa, dated “Received” on January 29, 2024, and kept on file in the Planning Division of the Community Development Department.
b. Arborist Report, prepared by Carol Randisi, Buena Vista Tree Service, dated “Received” on December 15, 2023, and kept on file in the Planning Division of the Community Development Department.
The project materials listed above are collectively the “Approved Development Plan.”
THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance with the “Approved Plans,” except as modified by the following conditions.
Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, house colors or materials, green building measures, landscape material, etc.
2. EXPIRATION - RESIDENTIAL PUD: The PUD development plan shall lapse two years from the effective date of this ordinance if the applicant does not apply for a building permit.
PUD-149 City Council
3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be attached to all building permit and engineering permit submittals for review by the City prior to issuance of permits.
4. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect.
5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
PLANNING DIVISION – 925-931-5600
Site Development and Building Design
6. DEVELOPMENT STANDARDS: Unless otherwise specified in the Conditions of Approval, the site development standards shall be those of the R-1-40,000 Zoning District in the Pleasanton Municipal Code. (Project Specific Condition)
7. ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (ADU) standards shall be those as specified in the Pleasanton Municipal Code. (Project Specific Condition)
8. NORTH SYCAMORE SPECIFIC PLAN: All regulations and guidelines in the North Sycamore Specific Plan and approved by Ordinance 1576 are still in affect except as modified by the Conditions of Approval and Development Plan. (Project Specific Condition)
9. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.
10. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits.
11. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit/building in conformance with the
PUD-149 City Council
Approved Plans in the building permit submittal. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.
12. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements.
13. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. All exterior lighting including landscape lighting shall be directed downward and designed or shielded so as to not shine onto neighboring properties or streets. The photometrics shall be reviewed and approved by the City Traffic Engineer and Director of Community Development prior to building permit issuance. The type and location of all exterior light fixtures shall be reviewed and approved by the Director of Community Development prior to building permit issuance.
14. BUILDING SURVEY: The applicant shall submit a building survey and/or record of survey and a site development plan in accordance with the provisions of Chapter 18.68 of the PMC. These plans shall be approved by the Chief Building Official prior to building permit issuance. The site development plan shall include all required information to design and construct site, grading, paving, drainage, and utilities.
15. PAD AND SETBACK CERTIFICATION: The applicant shall submit a pad elevation certification prepared by a California licensed land surveyor or registered civil engineer to the Chief Building Official and Director of Community Development certifying the pad elevations and building locations (setbacks) are conforming to the approved plans, prior to receiving a foundation inspection for the structures.
16. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division. The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.
17. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy.
18. FIREPLACES AND FIRE PITS: Fireplaces and fire pits shall be gas fireplaces, pellet fueled wood heaters, or EPA certified wood-burning appliances. The fireplace types shall be indicated on the plan and/or specification sheet(s) submitted to for issuance of building permits.
Construction Practices and Noticing
PUD-149 City Council
19. WORK HOURS: All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State or Federal Holidays or Sundays. The Director of Community Development may allow earlier “start times” or later “stop times” for specific construction activities, e.g., concrete pouring.
All construction equipment shall meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site.
20. CULTURAL RESOURCES: If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work shall stop within 20-meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of the State California Environmental Quality Act (CEQA) Guidelines. In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5, Public Resources Section 5097.98, and Title 14 California Code of Regulations Section 15064.5. These code provisions require notification of the County Coroner, who may then notify the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. A similar note shall appear on the building permit and/or improvement plans.
Fees
21. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the permit is issued.
22. WATER FEES AND WATER METER CONNECTION FEES: The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters and irrigation meters, if applicable, prior to building permit issuance.
23. SEWER FEES: The applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer permit fees prior to building permit issuance.
ENGINEERING DEPARTMENT – LAND DEVELOPMENT – 925-931-5650
24. Sewerage System – Applicant to confirm if property is on septic system or connected to the City of Pleasanton sewer system.
PUD-149 City Council
a. If the property is on a septic system, the applicant shall provide an inspection report to show the existing septic system is in a safe and healthy manner per Pleasanton Municipal Code §15.16.020C
b. If there is a sewer lateral system connected to main, provide a clean out per City of Pleasanton Standard Detail Drawing No. 409.
(Project Specific Condition)
LANDSCAPE ARCHITECTURE DIVISION – 925-931-5672
Trees
25. TREE REPORT: The applicant shall comply with the recommendations of the tree report prepared by Carol Randisi, Certified Arborist WE #6481A, Buena Vista Tree Service, dated December 2023. No tree trimming or pruning other than that specified in the tree report shall occur. The applicant shall arrange for the Project Arborist to conduct a field inspection prior to building permit issuance to ensure all recommendations have been properly implemented. The Project Arborist shall certify in writing all recommendations have been followed. (Project Specific Condition)
26. TREE BOND: Any tree affected by development/construction must be protected per the Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as deemed by the City Landscape Architect. The bond amount shall be $13,050, or the value of tree #7 per the arborist report. This bond or security will be for the value of the tree(s), up to a maximum of $100,000, and shall be held for a minimum of 1 year following acceptance of public improvements or completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, trimming, setting up tree protection, etc.). The bond or security may be released early with a certification letter by the arborist confirming he/she was present during said tree work and work was performed in accordance with the arborist’s recommendations. (Project Specific Condition)
27. TREE PRUNING: Pruning shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.
28. TREE PROTECTION FENCING: Prior to issuance of a grading or building permit, the applicant shall install temporary 6-foot tall chain-link fencing (or other fence type acceptable to the Landscape Architecture Division) outside of the existing tree drip lines.
The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a “stop work order.”
END
Attachment 2
PUD-149, 544 Sycamore Rd. Planning Commission 2 of 8
site within a planned unit development district until all provisions of Chapter 18.68 have been completed, which includes a development plan.
As such, the project requires PUD development plan approval. As conditioned, staff finds the proposed development standards would be consistent with the objectives of the General Plan and zoning district. The Planning Commission may recommend approval, approval with conditions, or denial of the application to the City Council.
BACKGROUND
Specific Plan
As noted, the subject lot at 544 Sycamore Road is located within the North Sycamore Specific Plan (NSSP) area, identified as parcel 12. The City Council adopted the NSSP in June of 1992. In September of 1992, the NSSP area was pre-zoned with several PUD designations, but without a PUD development plan for any portion of the NSSP.
The NSSP area was annexed to the City in June of 1993. Within the NSSP, the subject lot has a land use designation of Planned Unit Development Agricultural (PUD-A). The intent of the PUD-A land use designation is to allow residential development on larger lots with buffers from existing rural residential uses both within and adjacent to the NSSP area as well as allow agricultural uses on the lots. The designation is further intended to maintain adequate light, air, privacy, and separation between dwellings and requires specific landscape, fencing, lighting, and other design requirements unique to the district. The NSSP requires a minimum parcel size of one acre for the PUD-A land use designation.
Site and Area Description
The subject lot is located on the north side of Sycamore Road, just off Sycamore Creek Way, as seen in Figure 1. Consistent with the NSSP Land Use Designation, the lot has a Low Density Residential General Plan Land Use Designation. With the exception of the lot south of Sycamore Road zoned PUD-A/MDR (Planned Unit Development – Agricultural/Medium-Density Residential), all of the surrounding lots adjacent to the subject lot and along Sycamore Road are primarily zoned PUD-A or PUD-LDR/A (Planned Unit Development – Low-Density Residential/Agricultural). The existing houses in the neighborhood are both one- and two-story and sited with ample front yard setbacks from Sycamore Road.
The subject approximately 43,484-square-foot (approximately .99-acre) lot is generally flat with very little topography change across the lot and significant vegetation in the form of mature trees around and on the lot, primarily on the western and northern borders. The property contains an existing approximately 2,350-square-foot single-story house, an approximately 525-square-foot attached garage, and one approximately 1,800-square-foot barn, as seen in Figures 2 and 3 respectively.
PUD-149, 544 Sycamore Rd. Planning Commission 3 of 8
Figure 1: Aerial Photograph
Figure 2: Existing Residence from Sycamore Road
Figure 3: Side View of Existing Residence from Sycamore Road
PUD-149, 544 Sycamore Rd. Planning Commission 4 of 8
Proposed Project
The applicant proposes to establish development standards for the subject parcel consistent with those of the R-1-40,000 Zoning District for the existing residence and accessory structures. The applicant also proposes to 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 the existing single-family residence, as shown in Figure 4 below. There are eight trees on the property potentially impacted by construction activities. The proposal includes the removal of one non-heritage tree. The tree removal is further detailed in the attached arborist report, Exhibit C.
The proposed addition will be set back approximately 30 feet from the front property line and maintain generous setbacks on the remaining sides with approximately 62 feet 3 inches on the west (addition area) and approximately 20 feet on the east (side). In conjunction with the addition, the existing residence’s exterior is proposed to be remodeled consistent with a traditional ranch architectural style, which can be further reviewed in the attached Project Plans, Exhibit B and discussed further in this report.
Figure 4: Site Plan
PUD-149, 544 Sycamore Rd. Planning Commission 5 of 8
ANALYSIS
Consistency with General Plan Zoning District Regulations:
General Plan
The existing single-family dwelling unit and proposed development standards of the R-1-40,000 District would be consistent with the low-density designation.
The proposal is in keeping with the character of the low density residential and is consistent with the General Plan Land Use Policy and Programs listed below.
Land Use: Residential
Policy 8: Preserve and enhance the character of existing residential neighborhoods.
Program 8.1: Enforce the provisions of the City’s Zoning Ordinance and related planning ordinances to maintain the character of existing residential neighborhoods.
Program 8.2: Use the City’s development review procedures to minimize intrusions into existing neighborhoods.
Zoning
The NSSP indicates the PUD-A zoning district is intended to correspond “generally” to the Agricultural (A) District of the Pleasanton Municipal Code (PMC) as modified in the NSSP. As such, staff has analyzed the proposal in relation to the Agricultural district in the PMC. However, it should be noted that the PUD district allows flexibility in creating development standards, and the applicant proposes following the standards of the R-1-40,000 zoning district rather than the A-district. Additionally, as further detailed in the following sections, the proposed site and building design meet the NSSP guidelines.
The subject approximately 0.99-acre (43,484-square-foot) lot is substantially smaller than the lot minimum required in the PMC A-district (i.e., 5 acres), however, the PUD district allows for flexibility. The lot, which is existing based on prior subdivision of land, better conforms to the minimum lot size required in the PMC R-1-40,000-district (i.e., 40,000-square-feet). As such, staff recommends following the R-1-40,000 standards.
Table 1, below, is a comparison of the development standards in the A-district, proposed development standards (R-1-40,000), and the proposed project. The project meets the R-1-40,000-district standards in all respects.
PUD-149, 544 Sycamore Rd. Planning Commission 7 of 8
Figure 6: Proposed Left Side Elevation
PROJECT SITE ALTERNATIVES
As outlined in the above analysis, staff believes the proposed development standards, as proposed and conditioned, would be compatible with the other parcels in the neighborhood and not create adverse impacts, and recommends the Planning Commission recommend approval of the PUD development plan to the City Council as proposed and conditioned. However, alternatives to the proposal that could be considered by the Planning Commission include:
1. Recommend denial of the PUD development plan to the City Council.
2. Recommend approval of the PUD development plan, but with modifications, e.g., the Planning Commission can have more (or less) restrictive setbacks, height limits, etc., than those proposed by staff.
Staff believes the PUD development plan, as conditioned, will not adversely impact any surrounding properties or the surrounding neighborhood. Staff recommends none of the alternatives above be pursued.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS
PMC Section 18.68.110 sets forth the purposes of the PUD District and considerations to be addressed in reviewing a PUD development plan. These purposes and considerations are set forth in the draft Resolution included as Exhibit A and includes whether the plan is in conformance with the City General Plan, in the best interest of public health, safety, and general welfare, and whether the plan would be compatible with developed properties in the vicinity. As described in Exhibit A and based on the information and analysis provided in this Agenda Report, staff recommends the Commission make the required findings to recommend approval of the project to the City Council.
PUBLIC NOTICE
Notice of this application was sent to surrounding property owners and tenants within a 1,000-foot radius of the site and published in the newspaper. At the time this report was published, staff had not received any public comments.
ENVIRONMENTAL ASSESSMENT
This project is categorically exempt from environmental review pursuant to the California Environmental Quality Act Guidelines (CEQA), California Environmental Quality Act (CEQA) pursuant to Section 15182, Projects Pursuant to a Specific Plan.
PUD-149, 544 Sycamore Rd. Planning Commission 8 of 8
SUMMARY/CONCLUSION
Staff has reviewed the subject proposal in accordance with the General Plan, Zoning, and North Sycamore Specific Plan and believes the proposal is consistent with its regulations and design guidelines. Staff also believes the architectural style and design of the home are appropriate for the North Sycamore Specific Plan Area. Therefore, the project, as conditioned, merits a favorable recommendation by the Planning Commission.
Primary Author: Diego Mora, Associate Planner, 925-931-5618 or [email protected].
Reviewed/Approved By:
Julie Harryman, Assistant City Attorney
Melinda Denis, Planning and Permit Center Manager/Deputy Director of Community Development Ellen Clark, Director of Community Development
PUD-149 Planning Commission
3. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be attached to all building permit and engineering permit submittals for review by the City prior to issuance of permits.
4. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance being in effect.
5. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
PLANNING DIVIS
ION – 925-931-5600
Site Development and Building Design
6. DEVELOPMENT STANDARDS: Unless otherwise specified in the Conditions of Approval, the site development standards shall be those of the R-1-40,000 Zoning District in the Pleasanton Municipal Code. (Project Specific Condition)
7. ACCESSORY DWELLING UNIT: Accessory Dwelling Unit (ADU) standards shall be those as specified in the Pleasanton Municipal Code. (Project Specific Condition)
8. NORTH SYCAMORE SPECIFIC PLAN: All regulations and guidelines in the North Sycamore Specific Plan and approved by Ordinance 1576 are still in effect except as modified by the Conditions of Approval and Development Plan. (Project Specific Condition)
9. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.
10. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits.
PUD-149 Planning Commission
11. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit/building in conformance with the Approved Plans in the building permit submittal. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.
12. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements.
13. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. All exterior lighting including landscape lighting shall be directed downward and designed or shielded so as to not shine onto neighboring properties or streets. The photometrics shall be reviewed and approved by the City Traffic Engineer and Director of Community Development prior to building permit issuance. The type and location of all exterior light fixtures shall be reviewed and approved by the Director of Community Development prior to building permit issuance.
14. BUILDING SURVEY: The applicant shall submit a building survey and/or record of survey and a site development plan in accordance with the provisions of Chapter 18.68 of the PMC. These plans shall be approved by the Chief Building Official prior to building permit issuance. The site development plan shall include all required information to design and construct site, grading, paving, drainage, and utilities.
15. PAD AND SETBACK CERTIFICATION: The applicant shall submit a pad elevation certification prepared by a California licensed land surveyor or registered civil engineer to the Chief Building Official and Director of Community Development certifying the pad elevations and building locations (setbacks) are conforming to the approved plans, prior to receiving a foundation inspection for the structures.
16. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division. The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.
17. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy.
18. FIREPLACES AND FIRE PITS: Fireplaces and fire pits shall be gas fireplaces, pellet fueled wood heaters, or EPA certified wood-burning appliances. The fireplace types shall be indicated on the plan and/or specification sheet(s) submitted to for issuance of building permits.
PUD-149 Planning Commission
Construction Practices and Noticing
19. WORK HOURS: All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State or Federal Holidays or Sundays. The Director of Community Development may allow earlier “start times” or later “stop times” for specific construction activities, e.g., concrete pouring.
All construction equipment shall meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site.
20. CULTURAL RESOURCES: If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work shall stop within 20-meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of the State California Environmental Quality Act (CEQA) Guidelines. In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5, Public Resources Section 5097.98, and Title 14 California Code of Regulations Section 15064.5. These code provisions require notification of the County Coroner, who may then notify the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. A similar note shall appear on the building permit and/or improvement plans.
Fees
21. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the permit is issued.
22. WATER FEES AND WATER METER CONNECTION FEES: The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters and irrigation meters, if applicable, prior to building permit issuance.
23. SEWER FEES: The applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer permit fees prior to building permit issuance.
ENGINEERING DEPARTMENT – LAND DEV
ELOPMENT – 925-931-5650
PUD-149 Planning Commission
24. Sewerage System – Applicant to confirm if property is on septic system or connected to the City of Pleasanton sewer system.
a. If the property is on a septic system, the applicant shall provide an inspection report to show the existing septic system is in a safe and healthy manner per Pleasanton Municipal Code §15.16.020C
b. If there is a sewer lateral system connected to the main, provide a clean out per City of Pleasanton Standard Detail Drawing No. 409.
(Project Specific Condition)
LANDSCAPE ARCHITECTURE DIVISION – 925-93
1-5672
Trees
25. TREE REPORT: The applicant shall comply with the recommendations of the tree report prepared by Carol Randisi, Certified Arborist WE #6481A, Buena Vista Tree Service, dated December 2023. No tree trimming or pruning other than that specified in the tree report shall occur. The applicant shall arrange for the Project Arborist to conduct a field inspection prior to building permit issuance to ensure all recommendations have been properly implemented. The Project Arborist shall certify in writing all recommendations have been followed. (Project Specific Condition)
26. TREE BOND: Any tree affected by development/construction must be protected per the Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as deemed by the City Landscape Architect. The bond amount shall be $13,050, or the value of tree #7 per the arborist report. This bond or security will be for the value of the tree(s), up to a maximum of $100,000, and shall be held for a minimum of 1 year following acceptance of public improvements or completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, trimming, setting up tree protection, etc.). The bond or security may be released early with a certification letter by the arborist confirming he/she was present during said tree work and work was performed in accordance with the arborist’s recommendations. (Project Specific Condition)
27. TREE PRUNING: Pruning shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.
28. TREE PROTECTION FENCING: Prior to issuance of a grading or building permit, the applicant shall install temporary 6-foot-tall chain-link fencing (or other fence type acceptable to the Landscape Architecture Division) outside of the existing tree drip lines.
The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans. The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a “stop work order.”
PUD-149 Planning Commission
END
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 3
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
Crape myrtle #4 (6”) was a semi-mature
specimen located on the east side of the
existing sunroom, and north of a second crape
myrtle too small to assess at <6” DBH (photo 4).
It was characterized as semi-mature with
structural defects including multiple attachments
at 5’ and an asymmetrical canopy.
The location of the crape myrtles on the Tree
Assessment Map is not exact, but the trees
were within the footprint of the new addition and
will require relocation or removal.
Canary Island pine #6 (16, 15”) was planted at
the northwestern frontage. A semi-mature
specimen, it had poor structure with codominant
branching of the large stems at 4’ with upward-sweeping branch form.
The mid-canopy was thinning and the foliage was browning. The canopy extended over the driveway to the east. Redwood #5 was growing close by to the northeast, Overall, it was in 3.0 fair condition with moderate vigor.
Two valley oaks were planted along the western frontage: #7 (26”) and #8 (29”). They were mature specimens with poor structure including trunk leans, codominant branching, multiple attachments, and asymmetrical canopies. The trees were pruned with directional cuts to provide clearance for utility power lines which ran through the tree crowns. Topping cuts were also performed which resulted in vertical epicormic shoots or watersprouts that arose from the activation of latent buds at branch wounds. The trees were in 2.5 fair- poor condition with low-moderate vigor.
Photo 4. Crape myrtle #4 was located to the west of
the existing sunroom, and to the north of a crape
myrtle <6” DBH too small to assess.
Photo 5 (right, above). Canary Island pine #6 was located at the edge of the property in the northwestern corner.
Redwood #5 was growing into the tree from the northeast.
Photo 6 (right). Valley oaks #7 and 8 were planted along the western frontage. They both had poor structure with trunk leans, codominant branching, multiple attachments, and asymmetrical canopies which resulted from response
growth from directional pruning cuts. Epicormic shoots
sprouted from large topping cuts at the top of the canopies.
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 6
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
Evaluation of construction impacts based on preliminary plan set I referenced the Kottapalli Residence plan set (10/9/23) by Douglas J. Harwood Classic Home Design sheets A1, A2, and A4 to determine impacts to the subject trees from development.
Construction plans and detail drawings were not available.
Tree removal
Crape myrtle #4 is within the construction footprint and will require removal. Stump treatment includes removal of the interior core by grinding or other suitable method to sever the roots from the stem. Herbicides such as Roundup are not to be used to kill the stump as the chemical could translocate to live roots of nearby trees causing damage and potentially killing the plant.
Tree roots and roots from other plantings are intertwined and welded together within the soil and provide a conduit and transport system for systemic herbicides.
Tree pruning
It is recommended that selective pruning reduction cuts be utilized for valley oaks #7 and 8 as required to allow for equipment and construction access, and to balance the canopies and remove dead wood. All pruning must be performed by an International Society of Arboriculture Certified Arborist in compliance with ANSI A-300 Standard Practices for Pruning (2017), and companion Best Management Practices – Tree Pruning, third edition.
Trunk wrapping
Trees #1-3, and 5-8 shall be trunk-wrapped with straw wattle to 6’ or the lowest branch to prevent damage to the bark. Wrap straw wattle around the trunk from the base at ground level and place the root buffer up to the straw wattle at the base of the tree (see illustration 1, following page).
Mulching
The bark chips on site shall be placed up to (not beneath) the straw wattle, to avoid covering the base of the trunk.
Tree protection fencing
The creation of four (4) tree protection zones (TPZ) will be required for trees #1-3, and 5-8 to prevent soil compaction and root damage within the dripline of the tree and provide for worker and equipment access, and for the staging of equipment and materials. (see illustration 1, following page).
Root buffer installation
A root buffer is required to create an air cushion for the root system trees #1-3, and 5-8 of and provide a stable walking surface for workers and the transport of materials and equipment. Prior to the installation of the root buffer, all materials within the construction zone will need to be removed including tools, wood from prior tree removals, construction materials, and all other debris. The root buffer shall be constructed of ¾” bark chips to a depth of 4-6”, capped with a layer of gravel to stabilize a layer of ¾” plywood on top (see illustration 1, following page). The wood chips on site can be utilized to configure the root buffer.
Access route
Access routes will primarily enter from the western frontage northern portion of the site between Sycamore Road and the barn. The access routes will be covered with the root buffer as
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 7
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
described above to prevent compaction of tree routes and provide a stable and serviceable walking surface (see illustration 1, following page).
It is anticipated that the greatest impact from construction will be from the excavation for the new hardscape in the front yard which will be within the driplines of valley oaks #7 and 8. It is recommended that the consulting arborist be present during excavation to document roots encountered and advise on impacts and appropriate remedies.
Illustration 1. Tree Protection Measures
The trunks of trees #1-3 and 5-8 will require trunk wrapping (orange) from the ground at the base of the trunk up to 6’, or to the lowest branch.
Mulch shall be placed within the driplines of trees #1-3 and 5-8 (yellow) to a depth of 3-4”.
Tree protection fencing to enclose the tree protection zone (TPZ) shall be placed at or near the driplines of #1-3 and 5-8 (red). See table 4 in tree preservation measures section for fencing dimensions.
A root buffer shall be installed for worker access, and equipment and material staging.
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 8
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
Tree preservation measures
Impacts to trees on site during development activities can be minimized by coordinating activities and storage of materials outside and monitoring work within the TPZ. Tree protection measures are designed to prevent damage to trees during construction, thereby promoting tree health and adding beauty, value, and environmental benefits to the property for years to come.
The following recommendations will help to reduce impacts to trees during the construction of the residential addition and new hardscape.
Design recommendations and activities prior to construction
1. T he contractor and consulting arborist shall meet to map the TPZ for all trees to be retained (see illustration 1).
2. Fencing materials shall be 6’ chain link fencing or other sturdy material, which shall remain in place for the duration of the project. No work shall be performed within the TPZ without consulting arborist approval and monitoring as needed to prevent damage to tree trunks and tree roots, and to document impacts. Post signs in visible locations along the fencing stating TREE PROTECTION ZONE – NO ENTRY with the contractor’s name, consulting arborist’s name, and contact phone numbers.
3. No equipment or materials should be stored within the TPZ. in compliance with the American National Standard ANSI A300 Management of Tree and Shrubs During Site Planning, Site Development, and Construction (2014). The TPZ plan shall be incorporated into final construction plan sets and applied to all trees on site prior to, during, and post construction. The use of lime treatments to dry the soil, and concrete rinsates or disposal of any kind within the dripline is potentially harmful to the trees must be removed from the site and properly disposed.
4. Fully enclose the TPZ as indicated in table 4.
5. To avoid damage to tree trunks, wrap the trunks of #1-3 and 5-8 from the base to 6’, or the lowest branch with straw wattle.
Tree # N S E W
Fence together
1 and 2
11’ 11’ 11’ 11’
3 9’ 9’ 9’ 9’
Fence together
5 and 6
7’ Property line Driveway Property line
Fence together
7 and 8
Hardscape Property line Property line Driveway
Tree protection fencing must remain in place for the duration of the project.
Table 4. Tree Protection Zones
544 Sycamore Road, Pleasanton
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 9
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
6. Utilize the smallest equipment possible to do the work required.
7. Utilize hand tools when excavating within the TPZ.
8. Underground utilities and irrigation lines shall be routed outside the TPZ.
9. Develop a storage plan for materials and equipment outside of the TPZ.
10. The use of lime treatments to stabilize soils is toxic to tree roots and must be restricted for use outside the TPZ and any drainage swale or areas that may lead to tree driplines as materials could percolate or otherwise be carried into the tree root zones.
11. Perform reduction pruning to raise branches of trees #1-3 and 5-8 to avoid injury during construction. Remove branches outside the natural form of the crown to balance tree canopies and avoid both the breaking of tree branches during construction and potential limb failure from heavy end weights. All tree pruning work shall be performed by a certified Arborist or Tree Worker and comply with ANSI Standard Practices – Pruning (2017), and companion Best Management Practices – Pruning (third edition), and comply with the Migratory Bird Treaty Act and California Fish and Wildlife Code 3503- 3513 to avoid nesting bird disturbance.
12. No wires, signs, or ropes shall be attached to any heritage tree.
13. Tree preservation notes shall be included on all construction drawings.
During construction
1. All demolition, grading, and excavation work within the TPZ shall be monitored by the consulting arborist.
2. If any injury should occur to any tree, contact the consulting arborist for evaluation and appropriate treatment.
3. TPZ fencing is to remain in place for the duration of the project.
4. If any roots are encountered outside the TPZ, cut perpendicular to the root with a sharp saw or loppers. Do not tear the root or rip it from the soil. If roots larger than 2” are encountered, contact the consulting arborist for proper treatment.
5. No storage of materials, equipment, soil, waste, oil, gasoline, rinsates, etc. should be deposited in the TPZ.
6. Avoid idling of any equipment as the exhaust may damage foliage and branches of subject trees and other landscape plants in the area.
Post-construction
The subject tree resource will experience a change in environment from the development on site. The health, structural stability, and vitality of the trees should be documented post- construction by the consulting arborist and monitored for changes in condition.
With site disturbance, soil compaction, and root loss, tree decline is possible for #1-3 and 5-8.
Photo documentation is effective in monitoring any visible changes in tree health.
BUENA VISTA TREE SERVICE ARBORIST REPORT Page 10
ARBORIST REPORT, 544 SYCAMORE ROAD, PLEASANTON, CA. 94566 December 2023
Employing best management practices including proper irrigation management, occasional pruning, and maintaining a dripline clear of materials and activities that cause root disturbance and compaction will promote tree health.
Please let me know if you have any questions or concerns regarding this report.
Prepared by
Carol Randisi
Certified Arborist WE #6481A
Buena Vista Tree Service
925.525.7708
Attachments:
Tree Assessment
Tree Assessment Map
Appraisal of Value and Tree Disposition Plan
Tree Scientific Common Trunk Calculated Height Condition Heritage Comments Recommendations No. Name Name Dia. Circum. (ft.) 1-poor Tree?
(no (in.) (in.) 5-excellent Y/N N S E W
tags)
1 Sequoia
sempervirens
Coast
redwood
23 72 37 3.5 Y 11 11 11 11 Semi-mature specimen, symmetrical form; thinning foliage mid-canopy;
dark green needle color; good-
moderate vigor; deep mulch at base
of tree.
Retain with tree
protection measures.
2 Sequoia
sempervirens
Coast
redwood
22 69 42 2.0 Y 8 7 9 7 Semi-mature; thining, browning
foliage; top of tree dead; drought
stressed; low vigor.
Retain with tree
protection measures.
3 Sequoia
sempervirens
Coast
redwood
22 69 43 3.5 Y 11 11 11 11 Semi-mature specimen, symmetrical form; thinning foliage mid-canopy;
dark green needle color; good-
moderate vigor; deep mulch at base
of tree.
Retain with tree
protection measures.
4 Lagerstroemia
indica
Crape
myrtle
6 19 22 3.0 N 14 7 7 9 Semi-mature specimen; poor
structure; multiple attachments at 5';
asymmetrical canopy; moderate
vigor; deep mulch at base.
Remove or relocate;
within construction
footprint.
5 Sequoia
sempervirens
Coast
redwood
12 38 34 3.0 N 7 6 7 7 Young tree; poor structure; one-sided to NW; growing into #7 to SE;
moderate vigor.
Retain with tree
protection measures.
Driplines
(ft.)
544 Sycamore Road
Pleasanton, CA 94588
November 28, 2023 (revised)
Tree Assessment
Tree Scientific Common Trunk Calculated Height Condition Heritage Comments Recommendations No. Name Name Dia. Circum. (ft.) 1-poor Tree?
(no (in.) (in.) 5-excellent Y/N N S E W
tags)
Driplines
(ft.)
544 Sycamore Road
Pleasanton, CA 94588
November 28, 2023 (revised)
Tree Assessment
6 Pinus
canariensis
Canary
Island pine
16,15 97 50 3.0 Y 15 16 16 16 Semi-mature specimen; poor structure; codominant at 4'; upright
stems; growing into #6; browning
foliage; dripline over driveway;
moderate vigor.
Retain with tree
protection measures.
7 Quercus
lobata
Valley oak 26 82 47 2.5 Y 30 25 32 31 Mature specimen; poor structure; trunk lean to E; mutiple attachments
at 9'; lower laterals removed;
directional prune for overhead utility
lines; topped; low-moderate vigor.
Retain with tree
protection measures.
8 Quercus
lobata
Valley oak 29 91 36 2.5 Y 34 29 27 35 Mature specimen; poor structure; trunk lean to E; codominant at 9';
lower laterals removed; directional
prune for overhead utility lines;
topped; low-moderate vigor.
Retain with tree
protection measures.
Appraisal of Value and Tree Dispostion Plan
544 Sycamore Road, Pleasanton, CA 94566
November 28, 2023 (revised)
Tree
No.
Scientific name Common Name Trunk
Dia. (in.)
Heritage
Tree
(Y/N)
Appraised Value Tree Disposition
1 Sequoia sempervirens Coast redwood 23 Y $6,100 Retain. 2 Sequoia sempervirens Coast redwood 22 Y $3,200 Retain. 3 Sequoia sempervirens Coast redwood 22 Y $5,500 Retain. 4 Lagerstroemia indica Crape myrtle 6 N $900 Retain.
5 Sequoia sempervirens Coast redwood 12 N $1,300 Retain. 6 Pinus canariensis Canary Island pine 16,15 Y $7,900 Retain. 7 Quercus lobata Valley oak 26 Y $13,050 Retain.
8 Quercus lobata Valley oak 29 Y $16,200 Retain.
$54,150
Planning Commission Minutes Page 1 of 3 March 27, 2024
PLANNING COMMISSION
MEETING MINUTES
Wednesday, March 27, 2024
CA
LL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL
Ch
air Gaidos called the regular meeting of the Planning Commission to order at 7:01 p.m. from the City Council Chambers located at 200 Old Bernal Avenue and via teleconference at Apt 202, T-24, Nirala Estate-2, Plot#GH-04, TECHZONE-4, Greater Noida (West) UP, India.
Com
missioner Mohan led the Pledge of Allegiance.
C
ommissioners Present: Commissioners Anurag Jain via teleconference, Vivek Mohan, Ken Morgan, Brandon Pace, Stephanie Wedge, and Chair Matt Gaidos C
ommissioners Absent: None
C
ommissioner Pace arrived at approximately 7:15 p.m.
A
GENDA AMENDMENTS
N
one.
CO
NSENT CALENDAR
1. Actions of the Zoning Administrator
Recommendation: Receive report.
2. 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 f
ront covered porch, and an approximately 160-square-foot attached rear covered porch to an ex
isting single-family residence located at 544 Sycamore Road zoned PUD-A (Agriculture) R
ecommendation: Adopt Resolution No. PC-2024-04 approving the application.
3. Approve the meeting minutes of March 13, 2024
R
ecommendation: Approve the meeting minutes.
M
OTION: It was m/s by Morgan/Mohan to approve the Consent Calendar, as recommended. Motion passed by the following roll call vote:
Ayes: Commissioners Jain, Mohan, Morgan, Wedge, and Chair Gaidos Noes: None
Absent: Commissioner Pace
M
EETING OPEN TO THE PUBLIC
Attachment 3
Planning Commission Minutes Page 2 of 3 March 27, 2024
4. Public comment regarding items not listed on the agenda.
Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.
PUBLIC HEARING AND OTHER MATTERS
5. 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
Recommendation: Adopt Resolution No. PC-2024-05 denying the appeal, thereby upholding the Zoning Administrator’s decision approving the beekeeping application.
Associate Planner Emily Carroll presented the item.
Appellant attorney John Hanna delivered a presentation.
Applicant Laura Melchionne delivered a presentation.
Chair Gaidos opened the public comment. Public comments were received by: Paul Chopelas, Jan Pinkerton Spieth, Kathleen Gilcrest, David Jefferson, Paul Paradiso, Patricia Athenour, and Natalie Molger.
Appellant attorney Hanna delivered a rebuttal.
Applicant Melchionne delivered a rebuttal.
Chair Gaidos closed the public comment.
MOTION: It was m/s by Pace/Morgan to adopt Resolution No. PC-2024-05, as recommended. Motion passed by the following roll call vote:
Ayes: Commissioners Jain, Mohan, Morgan, Pace, and Chair Gaidos Noes: None
Absent: None
MATTERS FOR COMMISSION'S REVIEW/ACTION/INFORMATION
6. Reports from Meetings Attended (e.g., Committee, Task Force, etc.)
None.
7. Actions of the City Council
Director Ellen Clark provided a brief overview of the items listed in the report.
8. Future Planning Calendar
Director Clark provided a brief overview of the items listed in the report.
Planning Commission Minutes Page 3 of 3 March 27, 2024
MATTERS INITIATED BY COMMISSION MEMBERS
None.
ADJOURNMENT
Chair Gaidos adjourned the meeting at 8:28 p.m.
__________________________________
Paul Eichenholtz, Recording Secretary
Item #8
CITY COUNCIL AGENDA REPORT
May 7, 2024
Community Development
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH ST.
FRANCIS ELECTRIC FOR ROUTINE SIGNAL MAINTENANCE, SIGNAL
UPGRADES, AND EMERGENCY REPAIRS, EXTENDING THE CONTRACT TERM TO JUNE 30, 2025, INCREASING THE RATES FOR MAINTENANCE OF
INTERSECTIONS, BEACONS, AND IN-PAVEMENT LIGHTS, AND AMENDING THE COMPENSATION TO A NOT-TO-EXCEED ANNUAL AMOUNT OF $500,000
SUMMARY
The City operates over 120 traffic signals within Pleasanton. Routine maintenance and emergency repair of these signals is performed by St. Francis Electric, which has been performing routine signal maintenance, signal upgrades, and emergency repairs for the City since 2021 when it was selected following a competitive bidding process. The terms of the original agreement included an initial term of two years, with an option for two one-year extensions. The first amendment to the contract extended the term by one year, through June 30, 2024. This requested Second Amendment extends the contract term for the final year, through June 30, 2025. This Second Amendment also includes an increase to the monthly flat rates for routine maintenance per intersection, from $130.25 to $136.24, and increases the flat rate for per-beacon and in-pavement lights maintenance from $62.52 to $65.40. The original agreement did not include a “not-to-exceed” amount as the emergency work performed under the contract is not consistent on a month-to-month basis. This Second Amendment also includes an annual “not-to-exceed” amount of $500,000; this maximum applies to all work performed under the contract, including routine traffic signal maintenance, signal upgrades, and emergency repairs.
RECOMMENDATION
Approve and authorize the City Manager to execute the second amendment to the Maintenance Services Agreement with St. Francis Electric for routine signal maintenance, signal upgrades, and emergency repairs, extending the contract term to June 30, 2025, increasing the rates for maintenance of intersections, beacons, and in-pavement lights, and amending the compensation to a not-to-exceed annual amount of $500,000.
BACKGROUND
The City has utilized an outside contractor for signal maintenance and repair for more than 20 years as this service is highly specialized, requiring specific contractor licenses, equipment, vehicles, and technical knowledge. In July 2021, the City entered into a two-year contract with St. Francis Electric for maintenance and repair of the City’s traffic signals. The agreement with St. Francis included the option for two additional one-year extensions, the first of which was issued at the mutual agreement of the City and St. Francis at the end of the initial two-year term in 2023, thereby extending the contract through June 30, 2024.
DISCUSSION
St. Francis Electric has maintained traffic signals for several Bay Area and Central Valley agencies since 2015 and has provided signal maintenance and emergency repair services for the City since 2021. St. Francis’ work in routine traffic signal maintenance includes reviewing proper equipment functionality and operations, cleaning, visual inspection of signal and pedestrian heads, safety lighting, verifying operations of pedestrian push buttons, and ensuring equipment is properly fastened and secured. St. Francis also performs signal upgrades and emergency repairs that are not included in routine preventative maintenance, such as repairing signals that have been knocked down and upgrading video detection cameras. The terms of the original agreement allow contract extensions of up to two additional one-year terms. The first extension extended the term to June 30, 2024. Approving the Second Amendment as proposed extends the contract term until June 30, 2025.
In addition to extending the maintenance services term by one year, to account for Consumer Price Index increases the proposed Second Amendment updates the monthly flat rate for routine maintenance per intersection to $136.24, and the monthly flat rate per beacon and in- pavement lights to $65.40. The amendment will also clarify the agreement by adding a not-to- exceed amount of $500,000 annually for the cumulative costs for routine maintenance, signal upgrades, and emergency repairs. For reference, the table below summarizes the annual signal maintenance, signal upgrades, and emergency repair expenditures for the past five years. As shown, historically, the total annual expenditures have not exceeded $500,000:
Year Total Annual Expenditure for Routine Maintenance, Signal Upgrades, and Emergency Repairs
2023 $481,122
2022 $488,768
2021 $447,315
2020 $493,731
2019 $495,858
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.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide strategic goal of Investing in Our Environment, Strategy 2 - Develop an Asset Management Plan to address comprehensive long-term planning for maintenance, renovation, repair and/or replacement of infrastructure and public facilities, as this action will support maintaining the state of good repair and ensure proper operation of the traffic signal system citywide.
FISCAL IMPACT
The majority of funding for routine traffic signal maintenance is included in the Traffic Engineering Division’s General Fund operating budget, with the balance of funding provided through cost-sharing agreements and insurance reimbursements for damage caused by third parties. The Hacienda Owners’ Association is responsible (via reimbursement to the City) for the annual routine maintenance costs of 29 of the 120 total signals ($45,327 for FY 2023/24) and any additional emergency work completed for those signals. Caltrans is responsible for half of the annual cost of routine maintenance at intersection signals at freeway ramps ($9,378 for FY 2023/24) and half the cost of any emergency work performed at those signals. Damage recovery through third-party insurance coverage varies significantly from year to year, with recent annual recovery amounts ranging from approximately $15,000 to $40,000.
Prepared by: Submitted by: Approved by:
Cedric Novenario, Senior
Transportation Engineer
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Second Amendment to Agreement
ATTACHMENT 1
Second Amendment Page 1
SECOND AMENDMENT TO AGREEMENT
This Second Amendment to Agreement is entered into this 7 th day of May, 2024 by the
City of Pleasanton ("City") and St. Francis Electric ("Contractor”)
Whereas, on July 1, 2021 the City and Contractor entered into Traffic Signal Maintenance Agreement for traffic signal maintenance services ("Agreement"); and
Whereas, the agreement allows for two one-year extensions; and
Whereas, on July 1, 2023 the City and Contractor executed the First Amendment to the agreement to extend the term of the agreement to expire on June 30, 2024; and
Whereas, the parties desire to extend the term of the Agreement; and
Whereas, the parties desire to amend the Agreement to update rates based on Consumer Price Index increases, and to the clarify the total annual “not to exceed” amount of the contract.
Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. A. Section 2 of the Agreement, "Compensation" is amended to read:
The total annual compensation payable to Contractor by City for the services under this Agreement SHALL NOT EXCEED $500,000. This includes the monthly flat rate fee of $136.24 PER INTERSECTION, $65.40 PER BEACON & IN-PAVEMENT LIGHTS and any additional authorized extra work (pursuant to Paragraph 5). The pricing for the additional authorized extra work is set forth in Exhibit D – Proposal Price Comparison (FY 24-25).
B. Exhibit D - Proposal Price Comparis on of the Agreement is replaced with Exhibit D - Proposal Price Comparison (FY 24-25)
C. Section 3 of the Agreement, “Term” is amended to read:
The term of this Agreement shall be extended until June 30, 2025
D. Section 5 of the Agreement, “E xtra Work” is amended to read:
The City shall pay Contractor for City authorized extra work detailed in Attachment C - Scope of Work, included within the services described in Paragraph 1 and such amounts as mutually agreed to in advance. Unless the City and Contractor have agreed in writing before the performance of extra work, no liability and no right to claim compensation for such extra work or expenses shall exist. The applicable hourly
ATTACHMENT 1
Second Amendment Page 2
rates, equipment rates and material costs for extra work shall be at the rates set forth in Exhibit D - Proposal Price Comparison (FY 24-25).
2. This amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
3. All other terms and conditi ons of the Agreement shall remain in full force and effect.
In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date first above written.
CITY OF PLEASANTON CONTRACTOR or
CONSULTANT
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
P r i n t n a m e
Title: __________________________
[If Contractor or Consultant is a
corporation, signatures must comply with
California Corporations Code §313]
ATTEST:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
P r i n t n a m e
ATTACHMENT 1
Second Amendment Page 3
Title: __________________________
Rev. 3/23
Item #9
CITY COUNCIL AGENDA REPORT
May 7, 2024
Community Development
TITLE: APPROVE AND AUTHORIZE THE CITY MANAGER TO EXECUTE A ONE-YEAR
RENEWAL ORDER WITH AVOLVE SOFTWARE FOR DIGEPLAN ELECTRONIC PLAN REVIEW SOFTWARE IN THE AMOUNT OF $39,529 AND AUTHORIZE
THE CITY MANAGER TO APPROVE FUTURE ANNUAL RENEWALS THROUGH JUNE 30, 2027 FOR AN ANTICIPATED CUMULATIVE AMOUNT OF $197,818
OVER THE FIVE-YEAR PERIOD
SUMMARY
The City has utilized DigEplan as its plan review Software as a Service (SaaS) system since 2021. In July 2022 an updated agreement was signed, moving the service from individual licensing to an enterprise license for up to 60 users, so that all staff involved in plan review have access to the software toward establishing a fully digital plan review environment.
The enterprise-based agreement included a one-year initial subscription period through June 30, 2023, with the option for annual renewals at a three percent increase in cost each year. A renewal order was processed for the July 1, 2023 - June 30, 2024 timeframe. Staff recommends approving a renewal order to extend the term of the current license agreement for one additional year and authorizing the City Manager to approve future annual renewals through June 30, 2027. The cost for the one-year extension of licensing, support, and maintenance through June 30, 2025 is $39,529. The two additional renewals have a total estimated cost of $82,651 (based on the annual three percent escalation in cost, per the enterprise agreement), for an anticipated cumulative amount of $197,818 over the five-year period.
RECOMMENDATION
Approve and authorize the City Manager to execute a one-year renewal order with Avolve Software for DigEplan electronic plan review software in the amount of $39,529 and authorize the City Manager to approve future annual renewals through June 30, 2027 for an anticipated cumulative amount of $197,818 over the five-year period.
BACKGROUND
DigEplan is an electronic plan review software used to perform plan checks digitally. It provides a streamlined user experience, creating one set of tasks, workflows, and data.
DigEplan removes the need for file upload or download, enabling all actions to take place within the City’s Accela land management software.
In 2021, the City entered into a Master Services Agreement with Lifecycle Technologies (LCT) Software LLC (the DigEplan product was subsequently purchased in 2022 by Avolve Software) to provide digital plan review software. The agreement included an initial one-year term with the option for two additional one-year extensions for 20 user subscriptions. During the initial term, it was determined that additional licenses would be required so that all City departments
and staff involved in plan review have access to the software and achieve the goal of establishing a fully digital plan review environment.
In July 2022, the City successfully negotiated an updated agreement for an enterprise license with LCT/Avolve for up to 60 users. The enterprise-based Master Services Agreement executed on July 11, 2022, was for an initial one-year term through June 30, 2023, with the option of subsequent annual renewals at a three percent increase in costs each renewal year.
One renewal order has been completed, extending the agreement to June 30, 2024.
DISCUSSION
Staff recommends the City Council approve and authorize the City Manager to execute the attached Order Form to continue the enterprise license agreement with Avolve Software through June 30, 2025, and authorize the City Manager to approve future annual renewals through June 30, 2027. The attached Order Form covers the period of July 1, 2024, through June 30, 2025, at a cost of $39,529, and continues the existing license, maintenance, and support services provided by Avolve Software. Maintaining the existing DigEplan software service enables the City to continue to perform electronic plan reviews, a critical function of the Building Department, and to continue modernization and streamlining of the City’s Permit Center processes. The City Council is also requested to authorize the City Manager to execute additional annual renewals through June 30, 2027 – these two potential renewals would incur a total additional estimated cost of $82,651 (based on the annual three percent escalation in cost, per the enterprise agreement) for an anticipated cumulative amount of $197,818 over the five-year period.
EQUITY AND SUSTAINABILITY
Approval of this action supports the continuation of sustainability efforts to reduce paper consumption and vehicle trips associated with plan review. The implementation of electronic plan review - wherein plans are submitted, routed, and reviewed in electronic format, rather than hard copy - has allowed the City and its customers to eliminate the need for large-format plan printing in most cases, as well as transporting of those plans to and from the Permit Center.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the ONE Pleasanton strategic plan goal of Optimizing Our Organization, Straegy 2 - Procure and integrate critical software platforms across departments for efficient and effective use by City staff and the public. While the Avolve DigEplan software itself is not new to the City, continuing the license agreement with Avolve allows for the continuation of the City’s enhanced and streamlined plan review process, as well as opportunities to continue to modernize processes in the Permit Center.
FISCAL IMPACT
Funding for the cost of this renewal is available and budgeted in the Permit Center Professional Services account FY 2024/25. It is expected that this ongoing cost will continue to be reflected in the Permit Center budget in future fiscal years, which will be subject to future City Council approval.
Prepared by: Submitted by: Approved by:
Robert Queirolo Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Renewal Quote Order Form
Attachment 1
Quote Ref: 2024-03-19 12:28:59
Pleasanton, CA
DigEplan Renewal Proposal
March 19, 2024
Prepared by your Avolve Software Representative
Scott Simon
Senior Renewals Manager
4835 East Cactus Road
Suite 420
Scottsdale, AZ 85254
www.avolvesoftware.com
Telephone: 623-703-9650
Email: [email protected]
DigEplan Price Quotation
2024-03-19 12:28:59
Quote Delivered To
Aron Wantanabe Pleasanton, CA
[email protected]
, California
Date of Quote: 3/19/2024 Quote Valid Until: 6/15/2024
DigEplan Renewal Pricing Agreement
SAAS TERM: 07/01/2024 TO 06/30/2025
Product Name Product Code Description Qty Unit Price Discount Total Price DigEplan SOFT-SaaS-
DigE
Software as a Service (SaaS) for
DigEplan with Production and Test
Environments.
1.00 $39,529.13 $39,529.13
SaaS Sub-Total: $39,529.13
Unless otherwise stated, pricing does not include any applicable taxes that may be applied at invoicing.
Payment for the total amount is due net thirty (30) days from the date of Initial Invoice. Payment via EFT.
Grand
Total: $39,529.13
NAME:________________________________________________
TITLE:________________________________________________
SIGNATURE: __________________________________________
DATE:________________________________________________
Item #10
CITY COUNCIL AGENDA REPORT
May 7, 2024
Library and Recreation
TITLE: ADOPT A RESOLUTION AUTHORIZING THE SUBMITTAL OF AN APPLICATION
TO THE ALAMEDA COUNTY TRANSPORTATION COMMISSION FOR
MEASURE BB FUNDS FOR THE PLEASANTON RIDES DOOR-TO-DOOR
SENIOR CITIZEN PROGRAM
SUMMARY
Measure BB provides for the disbursement of funds through the Alameda County Transportation Commission (ACTC) to provide community transit services to seniors and people with disabilities. Eligible agencies such as the City of Pleasanton must file applications annually with the ACTC to receive funding.
RECOMMENDATION
Adopt a resolution authorizing the submittal of an application to the Alameda County Transportation Commission for Measure BB Funds for the Pleasanton Rides Door-to-Door senior citizen program.
BACKGROUND
Pleasanton Rides is a door-to-door, shared-ride transportation service for eligible Pleasanton seniors and adults with disabilities funded in part by Alameda County Transportation Commission (ACTC) Measure BB. ACTC has established a funding formula for the distribution of Measure BB funds (dedicated sales tax) to provide special transportation for seniors and persons with disabilities. Each eligible agency must submit an application and an approved City Council resolution. Program applications are forwarded to the Paratransit Advisory Planning Committee for consideration and approval.
DISCUSSION
The total budgeted cost of the Pleasanton Rides Door-to-Door program is $591,458. This program has historically been funded through a variety of sources including Metropolitan Transportation Commission (MTC) – Transportation Development Act (TDA) 4.5, Measure B, Measure BB and City General Funds. Available funding sources are now Measure BB and City General Funds. Measure B has sunset and City of Pleasanton MTC TDA 4.5 funds were relinquished for Livermore Amador Valley Transit Authority (LAVTA) to offset their cost to provide Americans with Disability Act (ADA) transports to Pleasanton residents.
Funding Sources Amount
Outside Revenue Sources:
Measure BB – Alameda County ½ cent Transportation Tax $599,801 Sub-total: $599,801
Program Expense:
Service contract ($330,704), LAVTA MOU for ADA Paratransit ($209,930), group trips ($18,816), staff contract oversight and outreach ($26,208), scholarships ($5,800)
$591,458
Balance to Measure BB Reserves $8,343
The Pleasanton Rides Door-to-Door program continues to be a core service offered through the Library and Recreation Department. Enhancements to the program include offering a fee assistance program for low-income seniors and providing a group trip program for seniors and adults with disabilities. The group trip program provides affordable day trips to destinations offering education and enrichment opportunities in the San Francisco Bay Area.
Staff will continue to provide outreach, education and mobility coordination with other local transportation providers such as LAVTA and the CityServe of the Tri-Valley Volunteer Driver Program.
EQUITY AND SUSTAINABILITY
Acquiring Measure BB funds for the Pleasanton Rides program ensures the City can continue to provide affordable transportation access for eligible senior citizens and adults with disabilities, providing opportunities to access daily needs, appointments and excursions.
OUTREACH
Not applicable; this is a routine item of City business.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton Strategic Plan goal of Building a Community where Everyone Belongs, Strategy 3 – Implement high priority items from the Library and Recreation Department Strategic Plan to continue to deliver activities and programs that meet the needs and interests of the community.
FISCAL IMPACT
The total cost of the City’s Pleasanton Rides Door-to-Door program for Fiscal Year 2024/25 is expected to be $591,458. The City expects to receive $599,801 in funding from the Alameda County Transportation Commission, Measure BB (45250356-313057).
Prepared by: Submitted by: Approved by:
Zachary Silva, Recreation
Supervisor
Heidi Murphy, Director of Library and
Recreation
Gerry Beaudin, City
Manager
Attachments:
1. Resolution of the City Council of the City of Pleasanton authorizing the filing of a claim with the Alameda County Transportation Commission
ATTACHMENT 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY CO UNCIL OF THE CITY OF PLEASANTON
AUTHORIZING THE FILING OF A CLAIM WITH THE ALAMEDA COUNTY
TRANSPORTATION COMMISSION (ACTC) FOR MEASURE BB FUNDS FOR FISCAL YEAR 2024/25
WHEREAS, Alameda County Measure BB provides for the distribution of funds from local dedicated sales tax to provide special transportation for seniors and persons with disabilities; and
WHEREAS, pursuant to the provisions of Measure BB, a prospective claimant wishing to receive an allocation from Alameda County shall file its claim with the Alameda County Transportation Commission; and
WHEREAS, the claims propose to continue a current program utilizing existing equipment, manpower, and routes, and proposes minor additional services and is, therefore, considered exempt from the requirements of the California Environment Quality Act; and
WHEREAS, Measure BB funds will be required by the Pleasanton Rides service in Fiscal Year 2024/25 for community transit services.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
Section 1: Authorizes the City Manager or designee, to execute and file appropriate claims pursuant to the terms of the Alameda County Measure BB, as amended, and pursuant to applicable rules and regulations promulgated thereunder, together with all necessary supporting documents, with ACTC for an allocation of Measure BB funds for Fiscal Year 2024/25.
Section 2: Transmit a copy of this Resolution to the ACTC in conjunction with the filing of claims, and ACTC will be requested to grant the allocations of funds as specified herein.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on May 7, 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 7th day of May, 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
___________________________
ATTACHMENT 1
Daniel Sodergren, City Attorney
CITY COUNCIL AGENDA REPORT
Item # 11
May 7, 2024
Police
TITLE: ADOPT ORDINANCE NO. 2279 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON 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 The foregoing Ordinance No. 2279 was introduced at a regular meeting of the City Council on April 16, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
Ordinance No. 2279
ORDINANCE 2279
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING ORDINANCE NO. 2238 TO AMEND THE PLEASANTON POLICE DEPARTMENT’S MILITARY EQUIPMENT USE POLICY TO ADD EQUIPMENT TO THE POLICY’S MILITARY EQUIPMENT INVENTORY
WHEREAS, On July 19, 2022, the City Council adopted Ordinance No. 2238 approving the Pleasanton Police Department’s Military Equipment Use Policy; and WHEREAS, the Military Equipment Use Policy was amended on October 18, 2022 by Ordinance No. 2240 to add a Command Vehicle to the Policy’s military equipment inventory; and WHEREAS, the Military Equipment Use Policy was amended on April 18, 2023 by Ordinance No. 2246 to add additional equipment to the Policy’s military equipment inventory.
WHEREAS, the City Council wishes to amend the Military Equipment Use Policy to add additional equipment to the Policy’s military equipment inventory.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Ordinance No. 2246 is amended to add the equipment described in Exhibit A to the Military Equipment Use Policy’s military equipment inventory.
SECTION 2. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
SECTION 3. Publication. This ordinance, or a summary prepared by the City Attorney, shall be published once in a newspaper of general circulation of the City of Pleasanton within fifteen days after its adoption.
SECTION 4. Effective Date. 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: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Ordinance No. 2279
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. 2279
EXHIBIT A
Additional Military Equipment Requested:
Ordinance No. 2279
Ordinance No. 2279
Item #12
CITY COUNCIL AGENDA REPORT
May 7, 2024
Public Works - Engineering Division
TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD A CONSTRUCTION CONTRACT TO BAY CITIES PAVING & GRADING, INC. IN THE AMOUNT OF $4,183,298 AND UP TO A 15 PERCENT CONTINGENCY OF $627,500 FOR THE
HOPYARD ROAD AND OWENS DRIVE INTERSECTION IMPROVEMENTS
PROJECT, CIP NO. 15525, APPROVE VARIOUS PROFESSIONAL SERVICES AGREEMENTS IN THE TOTAL AMOUNT OF $553,005 AND APPROVE BUDGET AMENDMENTS IN THE STREET CIP GENERAL FUND 211
SUMMARY
This project consists of constructing a southbound right-turn lane along Hopyard Road at the intersection with Owens Drive. To do so, related modifications include adding a second northbound left-turn lane and eliminating the northbound free right-turn lane on the south side of the Hopyard Road/Owens Drive intersection. This project also includes adding a southbound bike lane to close the existing bike lane gap from the I-580 eastbound off-ramp intersection to 180 feet south of Owens Drive. The work includes new sidewalks, medians, landscaping, traffic signals, soundwalls, and repaving of the area.
Designed by Consor North America, Inc., the projectwas competitively bid on March 20, 2024; three bids were received. Staff recommends awarding the construction contract to the lowest responsible and responsive bidder, Bay Cities Paving & Grading, Inc., in the amount of $4,183,298 and a contingency of up to $627,500 (15 percent) for the Hopyard Road and Owens Drive Intersection Improvements Project, CIP No. 15525. Staff also recommends approval of various professional services agreements related to the project in a total not-to- exceed amount of $553,005.
RECOMMENDATION
1. Approve plans and specifications and award the construction contract for the project to Bay Cities Paving & Grading, Inc., of Concord, CA, for the low bid amount of $4,183,298.
2. Authorize the City Manager to enter into the project contract.
3. Authorize the Director of Public Works, or authorized staff, to approve and execute contract change orders for a project contingency amount of $627,500 (approximately 15 percent) for unforeseen yet necessary related work.
4. Authorize the City Manager to approve an amendment to the professional services agreement with Consor North America, Inc. in the amount of $119,855 (for a total not- to-exceed contract amount of $378,213) for additional design work and construction support services.
5. Authorize the City Manager to enter into a professional services agreement with Swinerton Management and Consulting, Inc. for the not-to-exceed amount of $308,890 for construction management and inspection services.
6. Authorize the City Manager to enter into a professional services agreement with Geocon Consultants, Inc. for the not-to-exceed amount of $124,260 for material testing services.
7. Authorize the transfer of $377,694 of Fund 211 from Dougherty Valley Mitigation Reserve, CIP No. 02523, to the Hopyard Road and Owens Drive Intersection Improvements Project, CIP No. 15525.
BACKGROUND
The 2005 – 2025 Pleasanton General Plan Circulation Element and Traffic Impact Fee Study identified the need to add a dedicated right-turn lane from southbound Hopyard Road to westbound Owens Drive. Currently, during peak hours, the right southbound lane on Hopyard Road backs up into the I-580 eastbound off-ramp. This is due to the right lane currently being a combined through/right-turn lane. If the light is red at the intersection of Hopyard Road and Owens Drive and a vehicle is proceeding southbound, it blocks all the vehicles waiting to turn right, and congestion occurs. The Chick-fil-A development was conditioned to dedicate to the City the right-of-way needed to install the right turn lane as described in the General Plan. To provide the necessary room to construct the right-turn lane, the new right-of-way boundary is within four feet of the existing building at 6111 Johnson Court.
On August 15, 2017, the City Council approved a professional services agreement in the not- to-exceed amount of $158,928 with Quincy Engineering (now Consor North America, Inc.) for the design of the Hopyard Road and Owens Drive Intersection Improvements Project for the installation of a right-turn lane. The original scope was expanded to implement Caltrans' requirement to add buffered bike lanes through the intersection, which required the entire intersection to be reconstructed. The project’s preliminary design was initiated under the City’s on-call agreement with Consor North America, Inc. (Consor) for $16,700. Additional on-call services were provided by Keir + Wright (survey and right-of-way certificate for $33,824) and Pakpour Consulting (plan review for $6,265).
On October 6, 2020, the City Council approved the first amendment to the professional services agreement with Consor in the not-to-exceed amount of $99,430 to complete the redesign to accommodate the buffered bike lanes required by Caltrans and to prepare biddable construction documents (for a total not-to-exceed amount of $258,358).
On December 6, 2021, a second amendment to the agreement with Consor was completed, extending the term to June 30, 2023. The third amendment extended the term of the contract to December 31, 2024; this extension was due to delays associated with Caltrans reviews.
On May 16, 2022, the City Council approved a project-specific maintenance agreement between the City and Caltrans for the Hopyard Road and I-580 bridge overcrossing as part of the Hopyard Road and Owens Drive Intersection Improvements Project, CIP No. 15525. An updated maintenance agreement was required to replace earlier agreements and clarify the responsibilities of both the State and the City regarding the roadway, soundwall, bike path, and bridge overcrossing.
DISCUSSION
This project consists of constructing a southbound right-turn lane along Hopyard Road at the