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and conditions of the Agreement, which is fully incorporated herein by reference and shall continue in full force and effect. d) This Amendment may be executed in multiple
counterparts, all of which taken together shall constitute one and the same instrument. This Amendment shall be duly recorded in the Official Records of Alameda County.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above.
City"
Attest:
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city. Clerk - Peggy L. Ezidro
CITY OF PLEASANTON, a
municipal corporation of
the State of California
BY:~~
Deborah A. Acosta,
City Manager
Approved as to Form:
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Michael H. Roush
city Attorney
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55. COUNTY OF OAKLAND I
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NOTARY 1' UlIUC. CAUFOANI
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Comm. exp. Aug. 7. 2001 ..
WITNESS my hand and official seal.
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OPTIONAL
Though the informatIon below IS not reqUired by law. it may prove valuable to Qersons relying on the document and could prevent fraudulent removal and reattachment of thIS form to another document.
Description of Attached Document
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IIECXlRDtOINOFFICIALRECORDS
If ALAMEDACOUNTY, CAUF.
At8:30A.M.
APR - 2 1993
PATRICKO'CONNELL
COUNTY RECORDER
City of Pleasanton
123 Main street
Pleasanton, CA 94566- 0802
Attn: City Attorney
dllft ·
DEVELOPMENT AGREEMENT
CITY: City of Pleasanton
DEVELOPER: Security Trust Company, as Trustee
under Trust No. 1860- 0
3 103418
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4. 5.
6. 7.
SECTION
TABLE OF CONTENTS
1. Definitions
1. 1
1. 2
1. 3
1. 4
1. 5
1. 6
1. 7
1. 8
1. 9
1. 10
1. 11
1. 12
1. 13
1. 14
1. 15
Approvals
City Laws
Conditions
Director .
Enacting Ordinance
Existing City Laws
Floor Area
Laws
Mortgage
Mortgagee
party . .
project .
Property
Shopping Center .
Traffic Mitigation Improvements
2. Effective Date; Term
2. 1 Effective Date
2. 2 Term . . .
3. General Development of the Project
3. 1
3. 2
3. 3
3. 4
3. 5
3. 6
project Vested
Conditions
Project Phasing
Other Governmental Permits.
Additional Fees . .
Effect of Agreement . .
93103418
PAGE
4 4
4 4
4 4
4 4
4 4
4 4
4 4
4 4
5 5
5 5
5 5
8 8
9 10
specific Criteria Applicable to Development of the
Project . . . . .. .....
4. 1
4. 2
4. 3
4. 4
4. 5
Applicable Laws and Standards
Application of New City Laws
Timing . . . . . . . . . . .
Architectural Review of Project
Easements; Improvements
Indemnity
Annual Review
Supersedure by Subsequent Laws
i-
10 10
10 11
11 11
11 11
12
r
93103418
TABLE OF CONTENTS
Continued)
SECTION PAGE
8. Remedies 13
9. Waiver; Remedies Cumulative 13
10. Attorneys' Fees 13
11. Limitations on Actions 13
12. Effect of Court Action 14
13. Estoppel certificate.
14. Mortgagee Protection; certain Rights of Cure
14. 1 Mortgagee Protection . . . . .
14. 2 Mortgagee Not obligated. . . .
14. 3 Notice of Default to Mortgagee;
Mortgagee to Cure
14 14
14 14
Right of
14 15. Right to Assign, etc. 15
16. Binding on Successors 15
17. Amendment 15
17. 1 General . . . . . . . . .
17. 2 Recordation. . . . .
17. 3 Amendment Exemptions
18. Notices
15 15
16 16
18. 1 Procedure 16
19. Miscellaneous 17
19. 1 Negation of Partnership 17
19. 2 Approvals ...... 17
19. 3 project Approvals Independent 17
19. 4 Not A Public Dedication 17
19. 5 Severability 17
19. 6 Exhibits . . . . . . . 18
19. 7 Entire Agreement . . . 18
19. 8 Construction of Agreement 18
19. 9 Further Assurances; Covenant to sign Documents 18
19. 10 Governing Law 18
19. 11 construction. . . 18
19. 12 Time . . . . . . . 18
19. 13 Subsequent Projects 13
11-
i'
93103418
EXHIBITS
A
B
C
D
Map of property
Description of Property
Description of Project
Traffic Mitigation Improvements
11i-
93103418
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT ( the " Agreement") is made and entered into as of November 5, 1992, by and between the CITY OF PLEASANTON, a municipal corporation of the State of California city"), and SECURITY TRUST COMPANY, as TRUSTEE under TRUST NO. 1860- 0 (" Developer"), pursuant to the authority of California Government Code Sections 65864- 65869. 5.
RECITALS:
This Agreement is entered into on the basis of the following facts, understandings and intentions of the parties:
A. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of california adopted Government Code sections 65864- 65869. 5 authorizing the City to enter into development agreements in connection with the development of real property within its jurisdiction by qualified applicants with a requisite legal or equitable interest in the real property which is the SUbject of such development agreements.
B. Developer is the fee owner of that certain parcel of land ( the " Property") outlined in Exhibit A and being more particularly described in Exhibit B attached hereto. The Property constitutes approximately 35. 19 acres and is that portion of the Shopping Center currently owned by Developer. The Property is presently improved with a two- level enclosed mall, mall stores fronting thereon, exterior parking and other common area facilities, and related improvements. The Property constitutes an integral part of Stoneridge Regional Shopping Center ( the " Shopping Center"), which has been constructed in phases by Developer, commencing in 1978, and which now includes major department stores owned and operated by Macy, Penney, Capwell and Nordstrom.
C. Developer intends to add further retail and related
common area improvements to the Shopping Center as more particularly described in Exhibit C hereto ( said improvements herein collectively referred to as the " Project"). Although the Project as described in Exhibit C refers to additional future Floor Area of up to 356, 000 square feet, the Project represents an incremental addition of only 180, 000 square feet of Floor Area to the already anticipated and approved build- out of the Shopping Center currently incorporated in the city' s traffic models and in other land use approvals in North Pleasanton previously considered by the City.
D.
Project
Traffic
The city
and, based
Mitigation
has examined the environmental effects of the
on the Initial Environmental Study and the
Improvements hereinbelow referred to, has
93103418
determined that the Project will have no significant adverse effect on the environment, on the basis of which a negative declaration was adopted by the City council.
E. City has determined that the Project is a development for which a development agreement is appropriate. A development agreement will eliminate uncertainty in the City' s land use planning for and secure orderly development of the Project. A development agreement shall facilitate the orderly expansion of the Shopping Center through completion of the project, which shall provide greater opportunities for traffic management and cohesive, attractive site design and improvements and result in important economic benefits, both direct and indirect, to the City. Developer will incur substantial contractual obligations and related costs in the development of the Project, which will require extended negotiations with and long lead- time commitments from additional major department and specialty store participants in the Shopping Center. In exchange for the benefits to the City and the general public of the expanded Shopping Center, Developer desires to receive assurance that City shall grant permits and approvals required for the development of the Project in accordance with the Existing city Laws, subject to the terms and conditions contained in this Agreement. In order to effectuate these purposes, the parties desire to enter into this Agreement.
F. On August 20, 1992, after conducting a duly noticed
public hearing, the City Planning commission recommended that the city Council approve this Agreement, based on the following findings and determinations: that this Agreement is consistent with the objectives, policies, general land uses and programs specified in the City' s General Plan; is compatible with the uses authorized in and the regulations prescribed for the land use district ( C- R ( Regional commercial)) in which the Property is located; is in conformity with public convenience, general welfare and good land use practices; will not be detrimental to the health, safety and general welfare of the City or the region surrounding the City; will not adversely affect the orderly development of property or the preservation of property values within the city; and will promote and encourage the development of the Project by providing a greater degree of certainty with respect thereto.
G. Thereafter, on September 15, 1992, the City Council
held a duly noticed public hearing on this Agreement and made the same findings and determinations as the Planning Commission. On that same date, the City Council made a decision to approve this Agreement by intrOducing Ordinance No. 1578 ( the " Enacting Ordinance"). On October 6, 1992, the City Council adopted the Enacting Ordinance. The Enacting Ordinance became effective on November 5, 1992.
NOW, THEREFORE, pursuant to the authority contained in
Government Code Sections 65864- 65869. 5, and in consideration of the mutual covenants and promises of the parties herein 2-
93103418
contained, the parties agree as follows:
1. Definitions. Each reference in this Agreement to any of the following terms shall have the meaning set forth below for each such term. certain other terms shall have the meanings set forth for such terms elsewhere in this Agreement.
1. 1 Approvals: Any and all approvals or permits of
any kind or character required under the City Laws in order to develop the Project, including, but not limited to, use permits, site clearance, grading plans and permits, and certificates of occupancy.
1. 2 citv Laws: The ordinances, resolutions, codes,
rules, regulations and official policies of City, governing the permitted uses of land, density, design, improvements and the construction standards and specifications applicable to the development of the Property. specifically, but without limiting the generality of the foregoing, City Laws shall include the City' s General Plan, the city' s Zoning Ordinance and the City' s Subdivision Ordinance.
1. 3 Conditions: All conditions, exactions, fees or
payments, dedication or reservation requirements, obligations for on- or off- site improvements, services or other conditions of approval called for in connection with the development of or construction on property under the Existing City Laws, whether such conditions constitute public improvements, mitigation measures in connection with environmental review, or any other impositions.
1. 4 Director: The Director shall mean the Director of
Planning & Community Development for the City of Pleasanton.
1. 5 Enactina Ordinance: As defined in Recital G.
l. 6 Existina citv Laws: The city Laws in effect as of
the Effective Date ( as defined in section 2. 1 below).
1. 7 Floor Area: The actual number of square feet of
floor space of all floors in any future new building improvements located on the Property ( excluding basement space, subterranean areas, and balcony and mezzanine space) within the interior face line of the exterior walls; provided, however, that " Floor Area" shall not include any of the following:
i) Areas which are used exclusively to
house mechanical, electrical, telephone, HVAC and
other such building operating equipment, whether
or not physically separated or otherwise required
by building codes;
ii) any area designated for the parking of
motor vehicles, whether contained in enclosed or
3-
93103418
partially enclosed structures or on roofs, whether
above, below or at grade, and whether contained in
single or multi- level structures;
iii) any outside areas ( including those
covered by canopy, awning or other protective
cover and which sides are generally unwalled)
which is permitted to be and is used for the
storage and/ or display of merchandise to be sold
at retail or exterior restaurant seating or
similar purposes; and
iv) emergency fire and service corridors and
all common areas located within building
improvements, including, without limitation, all
malls, restrooms, pedestrian walkways, stairways,
escalators and elevators, and all other similar
areas not located within any store.
1. 8 ~: The laws and Constitution of the state of
California, the laws and Constitution of the united states and any codes, statutes or executive mandates in any court decision, state or federal, thereunder.
1. 9 Mortaaae: A mortgage, deed of trust, sale and
leaseback arrangement in which the Property or a portion thereof or an interest therein is sold by Developer and leased back concurrently therewith ( which arrangement is subject to no prior contractual encumbrances securing payment of money), or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security, contracted in good faith and for fair value.
1. 10 Mortaaaee: The holder of the beneficial interest
under a Mortgage.
1. 11 partv: A signatory to this Agreement, or a
successor or assign of a signatory to this Agreement.
1. 12 proiect: As defined in Recital C.
1. l3 ProDertv:
and described in Exhibit
develop the Project.
The real property outlined in Exhibit A
B hereto on which Developer intends to
1. 14 ShoDDina Center: As defined in Recital B.
1. 15 Traffic Mitiaation ImDrovements: As defined in
Section 3. 2.
2. Effective Date: Term.
2. 1 Effective Date. This Agreement shall be dated and
the obligations of the parties hereunder shall be effective as or 4-
93103418
F
the effective date of the Enacting Ordinance, pursuant to Government Code Section 36937, as specified in Recital G above the " Effective Date"). The City shall cause this Agreement to be recorded in the Official Records of the County of Alameda, State of California, as provided for in Government Code section 65868. 5. However, failure to execute or record this Agreement within the time period provided for in section 65868. 5 shall not affect its validity or enforceability among the Parties.
2. 2 ~. The term of this Agreement and Developer' s
rights and obligations hereunder shall commence on the Effective Date and shall terminate on the fifteenth ( 15th) anniversary of the Effective Date.
3. General Development of the Proiect.
3. 1 proiect Vested. Developer shall have the vested
right to develop the project on the Property in accordance with the terms and conditions of this Agreement and such amendments thereto as shall from time to time be approved, pursuant to this Agreement. Except as otherwise specified herein, this Agreement and the Existing City Laws shall control the overall design, development and construction of the Project, and all improvements and appurtenances in connection therewith, including, without limitation, the permitted uses on the Property, the density and intensity of uses, the maximum height and the number of required parking spaces, all of which shall constitute vested elements of the Project.
3. 2 Conditions.
a) Traffic Mitiaation ImDrovements. In consideration
of City' s entering into this Agreement, Developer shall contribute to the costs of those public improvements ( the Traffic Mitigation Improvements") set out in Exhibit 0 attached hereto. city has identified ten development projects
collectively, the " contributing Projects") in the Stoneridge Shopping Center area which will benefit from completion of the Traffic Mitigation Improvements. City has assigned each Contributing Project a percentage share of the responsibility for participating in the costs to complete the Traffic Mitigation Improvements. As of the date of this Agreement, Developer' s contribution percentage is 37. 6\. As of August 20, 1991, the net estimated costs to complete the Traffic Mitigation Improvements was $ 752, 820. Based thereon, Developer or its successors shall contribute, to the cost of completing the Traffic Mitigation Improvements, up to the following amount ( such maximum amount herein referred to as the " Developer Contribution"): ( i) $ 283, 060 plus an accrual factor thereon at the Wells Fargo Bank Prime Rate from time to time in effect, commencing August 20, 1991, to the date of payment, ~ ( ii) an additional $ 28, 306, which sum represents 10\ of the aforementioned Developer obligation to take 5-
1 93103418
into account possible inaccuracies in the original cost estimates to complete the Traffic Mitigation Improvements. city shall complete the Traffic Mitigation Improvements from time to time as and when the same shall be required, as a consequence of additional development in the Stoneridge Shopping Center area, in order to avoid a deterioration of the level of traffic service LOS) at any intersection identified on Exhibit D below LOS " D".
Developer or its successors shall pay to city, in installments, Developer' s share of the costs of the Traffic Mitigation Improvements; each such installment shall be calculated by multiplying the Developer Contribution by a fraction, the numerator of which is the Floor Area the subject of the relevant building permit and the denominator of which is 356, 000. Each such installment payment shall be made at the later of
i) issuance of the subject building permit or ( ii) incurrence by city of the costs to complete the relevant Traffic Mitigation Improvements. The maximum Developer contribution shall not exceed the lesser of the aforementioned maximum amount or Developer' s share of City' s actual cost to complete the Traffic Mitigation Improvements. Notwithstanding the foregoing, Developer' s contribution percentage, and the maximum Developer contribution obligation referred to above, shall be reduced in proportion to the burden assumed by any additional development project( s) which the City in good faith determines should be a contributing Project within the stoneridge Shopping Center area in respect of a fair allocation of the costs of completing the Traffic Mitigation Improvements. Under no circumstances shall Developer be responsible for paying or advancing any portion of the costs of the Traffic Mitigation Improvements beyond the Developer Contribution, except as provided in Section 3. 2( b). b) Reference is made to that certain public
document dated August 20, 1990 entitled " Reimbursement Agreement for stoneridge Corporate Plaza II" by and between the City and Crocker Properties Inc. (" Crocker Agreement") whereby Crocker Properties Inc. (" Crocker") agrees to advance, subject to partial reimbursement and certain maximum limitations, the total costs of completing the Traffic Mitigation Improvements. If, despite City' s best efforts, Crocker fails to advance the funds for Traffic Mitigation Improvements when, as a result of the Project, LOS at any intersection identified on Exhibit D which will fall below LOS " 0" ( such advance by Crocker to be in the amount of such costs in excess of Developer' S share thereof and other funds, if any, received by the City from Contributing Projects) , then Developer will advance the funds necessary to mitigate such intersections, subject to the following conditions:
i) Developer shall be reimbursed, from payments to be required by the City from contributing Projects, on the same terms and conditions afforded to Crocker under the Crocker Agreement, including Paragraphs 7 and 8 thereof; and ( ii) in no event shall Developer' s aggregate obligation so to advance funds exceed a total amount ( including Developer' S Contribution) equal to the sum of ( A) $ 752, 820 plus an accrual factor thereon at the Wells Fargo Bank Prime Rate from time to time in effect, commencing 6-
93103418
August 20, 1991, to the date of such advance, ~ ( B) $ 28 306. o '
The Crocker Agreement has not been and w~ ll not, without the prior written consent of Developer, be amended, modified, canceled, or revoked if the effect thereof would be to alter, condition or impair any such reimbursement rights in favor of the Developer. If ( x) Crocker has advanced to City costs ( in excess of Crocker' s pro rata share thereof) to complete Traffic Mitigation Improvements, and ( y) Developer has paid to City a portion of the Developer contribution as provided in subparagraph a) above, and City has paid or tendered such payment to Crocker as the " Reimbursement Fee" then payable to Crocker under section 7( b) of the Crocker Agreement, and ( z) Crocker has asserted that the amount thereof is less than the amount then due it under such provision of the Crocker Agreement in respect of the Project, and it is ultimately determined ( by judgment or settlement reasonably approved by Developer) that City is obligated, at that time and in respect of the Project, to pay a Reimbursement Fee to Crocker in excess of the Developer contribution theretofore paid under this Agreement, then Developer shall make a supplemental payment to city, by way of a further Developer Contribution equal to the additional amount determined to be owing by City to Crocker.
Nothing in the preceding sentence shall increase the maximum Developer Contribution as hereinabove provided, and any additional such payment by Developer shall be credited against future payments of the Developer contribution payable to City under this Agreement. Developer shall not be obligated to make any additional payments in respect of City' s obligations to Crocker under the Crocker Agreement, including costs or attorneys' fees.
c) Additional Traffic ImDrovements. City shall have
the discretion to determine in good faith that the effects of cumulative development of properties within the North Pleasanton area ( which shall be the area generally encompassed within the boundaries of the North Pleasanton Improvement District) require additional traffic improvements (" Additional Traffic
Improvements") beyond those required by Section 3. 2( a), and to spread, to the extent reasonable and practical, the cost of financing these Additional Traffic Improvements through formation of a special assessment district or districts encompassing those properties benefitting therefrom. Subject to the terms of this Agreement, Developer agrees not to protest the establishment of assessment districts to fund the Additional Traffic Improvements.
Developer retains the right to protest and litigate all matters other than the validity of the formation of any such district, including but not limited to the scope of improvements, the costs thereof and the allocation of such costs among various
properties. In the event Developer initiates or participates In litigation concerning allocation of the cost of such
improvements, Developer shall allow formation of the district and placement of liens on the Property so long as City provides security which, in Developer' S reasonable estimation, will allo~ City to payoff the amount of indebtedness that is in dispute In the event Developer prevails in the litigation. A good faith 7-
93103418
protest pursuant to this Section 3. 2( b) shall not be construed as an action of noncompliance under the terms of this Agreement. d) SDecific Proiect- Generated Traffic Improvements.
Stoneridge Mall Road is designed to function as a traffic distributor and best fulfills its function without traffic signals. The parties agree, however, that if a multi- level parking structure is constructed and, in the determination of traffic engineers for the City ( following review by and consultation with the Developer' s traffic engineers), traffic control measures are necessary on stoneridge Mall Road, Developer shall pay for the installation of a traffic signal or other similar mitigation measure. Such mitigation measure shall become a condition imposed during the design review process, but such condition will allow actual field studies for specified period of time prior to the actual installation of such traffic mitigation measure.
e) Public Transit. The Developer will continue to
cooperate in permitting public bus access to and from the Shopping Center as provided in the existing written agreements with Contra Costa County Transit Authority, Livermore Amador Valley Transit Authority, and San Francisco- Bay Area Rapid Transit District.
3. 3 proiect Phasina. The Project will be developed in
phases, and the Parties acknowledge that Developer cannot presently predict the timing or sequencing of any such Project phasing. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. Because the California Supreme Court held in Pardee construction Co. v. citv of camarillo, 37 Cal. 3d 465 ( 1984), that failure of the parties therein to provide for the timing of development resulted in a later- adopted initiative restricting the timing of development approved under the parties' agreement, it is the Parties' intent to cure that deficiency by
acknowledging and providing that Developer shall have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment and the provisions of this Agreement. By entering into this Agreement, Developer shall not be obligated to develop the Project.
3. 4 Other Governmental Permits.
a) Developer or City ( Whichever is appropriate)
shall apply for such other permits and approvals from other governmental or quasi- governmental agencies which may have jurisdiction over the Project ( such as any public utility district) as may be required for the development of, or provision of services to, the Project. city shall promptly and diligently cooperate, at no cost to the City, with Developer in its endeavors to obtain such permits and approvals and, from time to time at the request of Developer, shall attempt with due 8-
93103418
diligence and in good faith to enter into binding agreements with any such entity in order to assure the availability of such permits and approvals or services. To the extent allowed by law, Developer shall be a party or third- party beneficiary to any such agreement and shall be entitled to enforce the rights of Developer or city thereunder or the duties and obligations of other parties thereto.
b) Water availability shall be subject to the
City' s rules and regulations in effect at the time building permits are applied for. The City shall withhold building permits for the Project if, at the time building permits are applied for, mandatory water rationing is in effect under a program precluding the issuance of building permits for the project, unless the City has adopted a water offset program and u~ less the Developer is participating in the program.
3. 5 Additional Fees. Except as set forth in this
Agreement, city shall not impose on the Project any further or additional fees, taxes or assessments, whether through the exercise of the police power, the taxing power or any other means, other than those prescribed in this Agreement, provided that ( a) if City forms an assessment or similar district including the Property, and such district is City- wide, the Property may be legally assessed through such district based on the benefit to the Property, which assessment shall be consistent with the assessment of other property in the district similarly situated ( but in no event shall Developer' s obligation to pay any such assessment result in a cessation or postponement of construction of the Project or affect in any way Developer' s rights in respect of the Project); ( b) City may charge Developer fees which are in force and in effect on a City- wide basis under Existing city Laws, but at the rate applicable at the time application is submitted, for the following: building and related construction permit fees ( including plan review and site inspection); fire department fees ( including sprinkler); disabled persons review and field inspection fee; City water and water meter fees; Lower Income Housing Fee; and, subject to limitations contained in a separate agreement between the Parties entered into concurrently herewith, sanitary sewer fees; ( c) any applicable school district fees, Zone 7 drainage and water fees, and other fees required to be collected by City on behalf of and for the benefit of other governmental agencies or
instrumentalities, provided that the same are payable in respect of the project notwithstanding Developer' s rights and benefits under this Agreement; and ( d) the City may adopt an ordinance for a City- wide traffic mitigation fee uniformly applied and applicable to all new construction.
The Parties acknowledge that the provisions contained
in this Section 3. 5 are intended to implement the intent of the Parties that Developer has the right to develop the Project pursuant to specified and known criteria and rules, and that City receive the benefits which will be conferred as a result of such 9-
93103418
this Agreement, and, in the event such challenge is successful, this Agreement shall remain unmodified and in full force and effect. The provisions of this section 7 shall be narrowly construed in favor of Developer, in order to preserve to Developer the benefits of this Agreement to the fullest extent possible.
8. Remedies. Either Party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy any default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the Parties hereto.
9. Waiver: Remedies Cumulative. Failure by a Party to
insist upon the strict performance of any of the provisions of this Agreement by the other Party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such Party' s right to demand strict compliance by such other Party in the future. No waiver by a Party of any default shall be effective or binding upon such Party unless made in writing by such Party, and no such waiver shall be implied from any omission by a Party to take any action with respect to any such default. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and not alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right or remedy.
10. Attornevs' Fees. If either Party brings an action or proceeding ( including, without limitation, any cross- complaint, counterclaim, or third- party claim) against the other Party by reason of an event of Default, or otherwise arising out of this Agreement, the prevailing Party in such action or proceeding shall be entitled to its costs and expenses of suit, including but not limited to reasonable attorneys' fees ( including, without limitation, fees and expenses), which shall be payable whether or not such action is prosecuted to judgment. " Prevailing Party" within the meaning of this section shall include, without limitation, a Party who dismisses an action for recovery hereunder in exchange for payment of the sums allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action. 1l. Limitations on Actions. City and Developer hereby
renounce the existence of any third- party beneficiary to this Agreement and agree that nothing contained herein shall be construed as giving any other person or entity third party beneficiary status. If any action or proceeding is instituted by any third party challenging the validity of any provisions of this Agreement, or any action or decision taken or made hereunder, the parties shall cooperate in defending such action or proceeding.
13-
3103418
deliver to such Mortgagee, concurrently with service thereon to Developer, any notice of default or other determination of noncompliance given to Developer. Each Mortgagee shall have the right ( but not the obligation) for a period of ninety ( 90) days after the receipt of such notice from City to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in the City' s notice. If the default or such noncompliance is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee may seek to obtain possession with through a receiver or otherwise, and may thereafter remedy or cure the default or noncompliance within ninety ( 90) days after obtaining possession. If any such default or noncompliance cannot, with diligence, be remedied or cured within such ninety ( 90) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or noncompliance if such Mortgagee commences a cure during such ninety ( 90) day period, and thereafter diligently pursues completion of such cure to the extent possible.
15. Riaht to Assian, etc.. Developer' s rights hereunder may be encumbered, sold or assigned in conjunction with the transfer, sale, assignment or financing of all or any portion of the Property at any time during the term of this Agreement. Upon the sale, transfer or assignment of Developer' s rights and interests under this Agreement, Developer shall be released from its obligations pursuant to this Agreement with respect to the Property or portion thereof so transferred which arise subsequent to the effective date of the transfer.
16. Bindina on Successors. All of the provisions,
agreements, rights, powers, standards, terms, covenants, and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors, and assignees, devises, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assignees.
17. Amendment.
17. 1 General. Except as otherwise provided in this
Agreement, this Agreement may be canceled, modified or amended only by mutual consent of the parties in writing, and then only in the manner provided for in Government Code Section 65868. Any amendment to this Agreement which does not relate to the term, a material element of the Project or the Conditions shall require the giving of notice pursuant to Government Code Section 65867, as specified by Section 65868 thereof, but shall not require a public hearing before the Parties may make such amendment.
17. 2 Recordation. Any amendment of this Agreement
shall be recorded by the city Clerk not later than ten ( 10) days 15-
93103418
J
after the effective date of the action effecting such amendment; however, a failure to record shall not affect the validity of such amendment.
17. 3 Amendment ExemDtions. The following actions shall not require an amendment to this Agreement:
a) Subdivision. The subdivision of the
Property, or the filing of a parcel map or subdivision map that creates new legal lots, or any lot- line adjustment, shall not require an amendment to this Agreement. Developer may subdivide the Property in accordance with the laws regarding subdivision in effect in the City at the time the Developer applies for any subdivision, as long as applying these laws does not limit the project or impose any additional conditions, taxes or assessments other than those set out in this Agreement.
b) Desian Review. Design review of specific
aspects of the Project shall not require an amendment to this Agreement.
18. Notices.
18. 1 Procedure. Any notice to either Party shall be in writing and given by delivering the notice in person or via facsimile, by overnight courier, or by sending the notice by registered or certified mail, or Express Mail, return receipt requested, with postage prepaid, to the Party' s mailing address.
The respective mailing addresses of the Parties are, until changed as hereinafter provided, the following:
City: City of Pleasanton
123 Main street
Pleasanton, CA 94566- 0802
Attn: Director of Planning
Developer: Security Trust company, as Trustee
c/ o The Taubman Company, Inc.
200 East Long Lake Road
Bloomfield Hills, MI. 48303
Attn: Vice President - Development
With
copies to: The Taubman Company, Inc.
200 East Long Lake Road
Bloomfield Hills, MI. 48303
Attn: Vice President - Partnership
Relations
Robert L. Gibney, Jr.
Heller, Ehrman, White & McAuliffe
333 Bush Street
San Francisco, California 94104- 2878
Either party may change its mailing address at any time by giving 16-
93103418
any other permit or approval of the type referred to in Section 3. 4( a), or as a result of a mandatory water moratorium of the type referred to in Section 3. 4( b), then the term of this Agreement as provided in Section 2. 2 shall be extended by the period of any such delay.
19. 13 Subseauent Proiects. After the Effective Date
of this Agreement, City may approve other projects that place a burden on City' s infrastructure; however, it is the intent and agreement of the Parties that Developer' s right to build and occupy the project, as described in this Agreement, shall not be diminished despite the increased burden of future approved development on public facilities.
IN WITNESS WHEREOF, the Parties have executed this Agreement a~ of the day and year first above written.
city"
Attest:
q:.~' idrQ
Approved as to Form:
CITY OF PLEASANTON, a
municipal corporation of
the state of California
BY~ ~~ J.,L.
Deborah A. Acosta,
City Manager
By:
Michael H. Roush
city Attorney Developer"
SECURITY TRUST COMPANY,
under
6 0
19-
3103418
CERTIFICATE OF ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
ss
COUNTY OF ALAMEDA )
On this the n +
h
day of J)e.Gember- , 1992, before me,
J.",,~ C'\ \,.... _ ~ lA~- 4t- l , the undersigned Notary Public, personal y appeared Deborah A. Acosta, personally known to me or proved to me on the basis of satiSfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the within instrument in her capacity as City Manager, and that, by her signature on the instrument, the corporation executed it.
WITNESS my hand and official seal.
l& i~~ aid , tate
r - - ~ ~ - - - - - -" - "t
@"
SANDRAl. lEGATE
0 : COMM, # 977699 l1
i _- ' Notory Public - California ~
I
ALAMEDA COUNTY
I
My Comm. ElCpUes NOV 8. 1996 .
COUNTY OF San Dieqo
ss
STATE OF CALIFORNIA
On this the 3rd day of npc: pmhpr , 1992, before me,
Gav Cox , the undersigned Notary PUblic,
personally appeared J. Paul Sprinq * , personally known to me or proved to me on the basis of satisfactory evidence) to be person( s) whose name( s) is/ are subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in his/ her/ their capacity( ies), and that by his/ her/ their signature( s) on the instrument the person( s), or the entity upon behalf of which the person( s) acted, executed the instrument.
WITNESS my hand and official seal. * Sandra L. Love
r said State
OFFICIAL SEAL
GAY H. COX
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OffiCE IN
SAN DIEGO COUNTY
M Commission Expires. May 1 J, 1994
93103418
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EXHIBIT A
PAGE 1 OF 1
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LAUIUL
EXHIBIT D
TRAFFIC MITIGATION IMPROVEMENTS
A. Foothill Road/ Canvon Wav/ Dublin Canvon Road
1. Widen canyon Way between stoneridge Mall Road
and Foothill Road to provide one additional
westbound lane. This will provide a total of
three westbound lanes. Widen both the north
and south sides of canyon way and reconstruct
the existing median narrowing it by four feet
to a width of twelve feet. The south curb
will be moved six feet. The purpose is to
improve existing traffic flow and mitigate
the impact of new development by extending a
very short existing right- turn lane for
westbound traffic destined for the Foothill
Road interchange.
2. Add a fourth northbound lane on Foothill Road
between Deodar Way and the northbound to
eastbound ramp at the Foothill Road
interchange with I- 580. This will provide
two northbound lanes on Foothill Road to the
ramp toward eastbound I- 580. The two lanes
would transition to one lane prior to the
collector- distributor road. The other two
lanes would serve the existing two lanes
toward the over- crossing at I- 580. Foothill
Road between Deodar Way and Canyon Way can be
restriped between the existing curbs.
Foothill Road between canyon Way and the
northbound to eastbound ramp will require
wideninq Foothill Road and movinq the
existing sidewalk back within the existinq
right- of- way. An additional lane will be
constructed next to the existing one- lane
northbound to eastbound ramp which will
require Caltrans approval. The purpose of
this improvement is to provide additional
capacity for the northbound through movement
and to more evenly distribute traffic across
the lanes, thereby reducinq the amount of
green time needed for the northbound
movement.
BXHIBIT D
93103418
93103418
J .
3. Lengthen the eastbound Dublin Canyon Road
left- turn lane next to the median by
narrowing the existing 18- foot wide median.
No additional right- of- way is required. The
purpose of this improvement is to more fully
utilize all left- turn lanes by reducing the
possibility of one lane being blocked. Green
time at the traffic signal will be reduced
for this movement by creating a more even
distribution of traffic across the left- turn
lanes.
B. stoneridae Drive/ Stoneridae Mall Road
1. Restripe one of the through lanes on
westbound stoneridge Drive to create an
optional through and right- turn lane. The
curb return on the northeast corner should be
modified to facilitate this maneuver. This
will require right- of- way acquisition. The
purpose of this improvement is to shorten the
queue for westbound traffic turning right
into the stoneridge Mall area and thereby
reduce the amount of green time required.
The westbound right turn is a critical
movement during the a. m. and p. m. peak hours.
It is expected that right turning vehicles
will dominate this lane. The need for one
additional westbound lane was evaluated and
determined to be unnecessary based on no
change in the vOlume- to- capacity ratio.
2. Restripe the southbound Stoneridge Mall Road
right- turn lane to provide an optional right-
turn and left- turn lane at this " T"
intersection. This will spread the critical
southbound left- turn movement over three
lanes instead of two lanes, thereby reducing
the amount of green time necessary to clear
the queue. In addition, there is a need to
retrofit the signal controller to include an
emergency vehicle preemption capability since
a City of Pleasanton Fire station is located
nearby.
BXHIBIT D
page 2 of 3
l
c.
t
Additional Traffic Sianals
1. Foothill Road/ Laurel Creek
2. stoneridge Mall/ Fabian Court
BDIBIT D
93103418
Planning Commission
Agenda Report
May 8, 2024
Item X.
S
UBJECT: PXXX17-0904
AP
PLICANT/
PROPERTY OWNER: Stoneridge Properties, LLC (Simon Property Group) PU
RPOSE: Application to amend and extend the Stoneridge Shopping Center Development Agreement (DA), governing a previously approved approximately 362,790-square-foot shopping center expansion, for a period of six months, with options to extend the DA for 18 or 24 months, and an additional two years thereafter subject to the completion of performance standards as set forth in the proposed Sixth Amendment.
L
OCATION: Stoneridge Shopping Center (1008-1700 Stoneridge Mall Road) G
ENERAL PLAN: Retail/Highway/Service Commercial, Business and Professional Offices and Mixed Use
Z
ONING: CR(M) – (Regional Commercial – Mall) and PUD–MU (Planned Unit Development – Mixed Use) District
EXH
IBITS: A. Draft Resolution and Draft Sixth Amendment to the DA for the Stoneridge Shopping Center
B. Original DA with first, second, third, fourth, and fifth amendments
C. Pleasanton General Plan 2005-2025 Environmental Impact Report (EIR), and Housing Element and Climate Action Plan (CAP), General Plan Amendment and Rezonings
Supplemental Environmental Impact Report (EIR) and
Adopted Findings including Statement of Overriding
Considerations (available upon request)
D. Location and Notification Maps
S
TAFF RECOMMENDATION
Staff r ecommends the Planning Commission adopt a resolution recommending: (1) the City Council find the proposed Sixth Amendment to the Stoneridge Shopping Center Development Agreement is exempt from further review under the California Environmental Policy Act (CEQA) pursuant to Public Resources Code §21083.3 and CEQA Guidelines §15183; and (2) the City Council approve the proposed Sixth Amendment as set forth in Exhibit A.
Attachment 3
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 2 of 7
EXECUTIVE SUMMARY
The applicant, Stoneridge Properties, LLC (Simon Property Group), proposes to amend and extend the existing Development Agreement (DA) for the Stoneridge Shopping Center by six months until December 31, 2024, with two options to further extend the term of the DA. The initial option provides the City Manager with the discretion to extend the term up to 24 months, or December 31, 2026, and is subject to performance to specific milestones intended to advance initial phases of Master Planning for Stoneridge Mall, including securing funding of up to a total of $200,000 that would include funding from the applicant and/or the other property owners to support this effort. The second option becomes available on December 31, 2026, and provides the City Manager or City Council with the discretion to extend the DA for an additional two years, or December 31, 2028, based on further progress towards Master Planning.
The a
pplicant’s proposal would not allow for additional development beyond the 362,790- square-foot shopping center expansion already approved in the existing DA.
BACKG
ROUND
The Stoneridge Shopping Center was constructed in the early 1980’s by the Taubman Company. As part of the City’s approval of the regional shopping center, the Taubman Company participated in funding portions of the I-680/Stoneridge Drive freeway interchange, construction of improvements to the nearby streets and intersections that accessed the shopping center from the I-580 and I-680 freeways, and construction of Fire Station No. 2 (6300 Stoneridge Mall Road).
Development Agreement
Development agreements (DAs) are public/private contracts specifically authorized by state law with the purpose of providing property owners more certainty about the entitlements and exactions that will apply to their property. In exchange, the local government often receives a legally binding promise that the property owner will provide infrastructure and/or pay fees required by a new project. The property owner receives a legally binding promise it can build a project. The DA sets forth the rights and responsibilities between the City and the property owner/developer. DAs are primarily utilized on large, master planned developments constructed in a phased manner over a relatively long period of time, and often require significant investments in public infrastructure on the part of the private developer. DAs encourage private investment, including the provision of public facilities that would not normally be required under a typical development plan review.
In November 1992, the City Council approved the original DA (Exhibit B) for the Stoneridge Shopping Center, which granted rights to expand the shopping center by approximately 178,000 square feet in exchange for developer contributions to various traffic improvements and approved a related Sewer Agreement that reserved and allocated sewer capacity for the uses within the shopping center.
On J
anuary 6, 1998, the City Council approved the First Amendment to the DA, further increasing the Stoneridge Shopping Center by an additional 202,000 square feet, thereby totaling 380,000 square feet of expansion area, and modified the traffic improvements. An amendment to the Sewer Agreement was also approved at that time which reserved 10,000 gallons of sewer capacity for the shopping center.
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 3 of 7
In summary, the original DA, as amended, and related Sewer Agreement, granted the following entitlements and restrictions to the owners of the shopping center and their successors:
• P
ermitted the expansion of the shopping center floor area by a total of 380,000 square feet (the additional to-be-developed area has been reduced to 362,790 square feet of floor area due to the past construction of the P.F. Chang’s and Cheesecake Factory restaurants). Also, Design Review approval was granted in 2019 for the Stoneridge Mall Commercial Replacement and Expansion Project by Planning Commission Resolution PC-2019-10 for net new construction of 79,269 square feet, but none of that square footage has been constructed. Accordingly, the total approved expansion remains at 362,790 square feet).
• R
eserved 10,000 gallons per day of sewer capacity for the entire shopping center (this capacity has been used completely by the present shopping center retail businesses and restaurants).
• R
eferenced the permitted and conditional uses of the Regional Commercial – Mall Complex (CR(m)) District of the Pleasanton Municipal Code (PMC) for the shopping center with the applicable City approvals.
• E
stablished parking ratios between 3.5 and 4.5 parking spaces per 1,000 square feet of floor area for different categories of shopping center uses (these vested parking ratios exceed the City’s current typical retail parking standard of 3.33 parking spaces per 1,000 square feet).
• R
equired the shopping center to participate in mitigation measures identified by the City to offset the anticipated traffic impacts of the I-680/West Las Positas Road freeway interchange (which was subsequently determined by the City not to be built). • D
efined the maximum height for all new shopping center buildings as that of the highest building existing at the time of the First Amendment, which is 68 feet. • P
ermitted parking decks up to a maximum height of three levels above grade. • I
dentified traffic improvements to nearby intersections that could be required by the City’s Traffic Engineer to mitigate the impact of the additional floor area on traffic operations.
T
he DA was subsequently amended: in 2013 to extend the term for five years until 2017; in 2018 to extend the term for five additional years until 2022; in 2021 to extend the term for one year until December 2023, and most recently in December 2023 for six months to June 30, 2024.1 In approving the six-month extension, the City Council emphasized their desire to see 1 This Fifth Amendment made development subject to current City development impact fees and other fees, offset by prior payments for traffic improvements. In addition, the City and applicant included terms that specify the Objective Design Standards (ODS) adopted in January 2023, and that requirements of the future Framework would also apply to any residential or mixed-use development on the site. The amendment also included a section about transfer or assignment requiring City approval.
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 4 of 7
planning to support the long-term vitality of the overall Mall properties proceed, and for the applicant, City, and other property owners to work together in the six-month period to advance that goal.
SI
TE AND AREA DESCRIPTION
The Stoneridge Shopping Center is located on an oval-shaped property defined entirely by Stoneridge Mall Road. Figure 1, below, shows the Stoneridge Shopping Center and portions of the I-580 and I-680 freeways and Foothill Road.
T
he properties surrounding the mall are located between Stoneridge Mall Road and the I-580 I-680 freeways, Stoneridge Drive, and Foothill Road and are developed with a variety of office, hotel, medical, restaurant, retail, and residential uses, including the recently constructed buildings within the 10x Genomics and Workday campuses. The recently approved 360-unit Stoneridge Mall Apartment project will be located on a site in the southeast quadrant of the mall.
PR
OJECT DESCRIPTION AND ANALYSIS
The applicant requests the term of the DA be extended as follows:
• F
or an initial six months, until December 30, 2024, with payment of a $50,000 contribution to the City in support of its efforts to advance Master Planning for the Mall.
During this period, efforts would be made to secure matching funding from the other Mall owners to support the planning effort.
• If matching funding is secured from the other Mall owners, in the amount of $150,000, and other milestones are achieved, the DA would extend for another 18 months through June 30, 2026. The City may, at its option, reduce this amount by up to $50,000.2 • If m
atching funding is not secured from the other Mall owners, then the applicant may opt to contribute the equivalent amount of additional funds (up to $150,000), in which case the DA would be extended for another 24 months through December 31, 2026. • At the discretion of the City Manager or the City Council, the DA may be extended for an additional two years from December 31, 2026, or December 31, 2028, if it is determined that adequate progress has been made towards the master planning effort.
E
ach of the above extensions is contingent on the completion of performance milestones intended to advance the Stoneridge Mall Framework and additional master planning for the mall.
The proposed Sixth Amendment and the existing agreements are attached as Exhibit A and Exhibit B, respectively. The proposed Sixth Amendment does not allow for any additional development beyond that identified in the existing agreement and continues to require all new commercial projects be subject to Planning Commission Design Review approval administered at a public hearing.3
Fi
gure 1: Stoneridge Shopping Center and Surrounding Land Uses 2 This provision is included to account for the event that not all of the owners decide to contribute, and still allow the extension to be provided.
3 Residential development permitted by the 4th, 5th and 6th Cycle Housing Elements is not part of the DA and is subject to the Objective Design Standards and process for approval set forth in other City regulations.
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 5 of 7
D
uring portions of the time period covered by the last three extensions of the DA, the effects of the COVID-19 pandemic have continued to affect the overall retail and commercial development market, and although there has been some recovery, it is not yet complete. The applicant has indicated they need additional time to evaluate these changes in the retail climate, and how to best proceed with expansion of the shopping center to remain competitive and meet current market demands/trends that have evolved over the past several years and have most likely shifted again post- pandemic. Additionally, since the 2021 extension, the City adopted the Stoneridge Mall Framework components document, and completed the 6th Cycle Housing Element update, with sites identified at Stoneridge Shopping Center among the housing inventory sites that will be rezoned to allow for additional residential uses on certain portions of the mall. Such sites are in addition to those properties within the Mall identified in the 4th and 5th Cycle Housing Elements, one of which is the location of the Stoneridge Mall Apartments project (approved in early 2023).
T
he Stoneridge Mall Framework, as adopted in January 2023, provides a conceptual land use and circulation plan, and policy guidance for future development/redevelopment of the Shopping Center.
T
he proposed Sixth Amendment provides that the applicant shall contribute $50,000 to allow for an initial six-month extension, and the applicant may agree to fund up to an additional $150,000 towards the Stoneridge Mall Framework process – such funding which would be
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 6 of 7
necessary to secure a further two-year extension4 through December 31, 2026. The DA also provides for an additional two-year extension through December 31, 2028, at the discretion of the City Manager or City Council, upon demonstration of material progress towards the Master Plan.
I
n addition to the funding described above, the DA provides for milestones in the first six months such as developing a more detailed scope, schedule and budget for subsequent phases; and initiating a collaborative process among owners to resolve issues of mutual concern, such as parking; and seeking qualified consultants as needed to support these efforts. If additional funding is received either from the applicant or the other Mall owners, the 18 month or two-year extension would provide additional time for the planning efforts initiated during the first six months to further advance. Thereafter, it would be at the discretion of the City Manager or City Council to grant an additional two-year extension based on material progress demonstrated by the applicant. See Exhibit A (Section X) for a complete list of terms of the DA terms, extension timeframes and milestones.
F
or these reasons, staff supports the DA extension. Staff believes the additional timeframes permitted by the Sixth Amendment would allow the Stoneridge Mall Framework planning efforts to progress and also facilitate the applicant’s participation in the process in order to secure the orderly development of the shopping center expansion, with greater opportunities to secure effective traffic management, cohesive, attractive site design, public and private improvements, and related economic benefits to the City.
T
he DA process requires the Planning Commission to determine if a DA is consistent with the General Plan and provide a recommendation to the City Council for action. Based on the information in the report, staff believes this Sixth Amendment is consistent with the General Plan and recommends the Planning Commission forward a recommendation for approval to the City Council.
P
UBLIC NOTICE
Notices of this application were sent to surrounding property owners and tenants within a 1,000-foot radius of the site. A courtesy email notice was also sent to other owners of property at the mall. Staff has provided the location and noticing map as Exhibit D for reference. At the time this report was published, no public comment was received by staff.
EN
VIRONMENTAL ASSESSMENT
On January 4, 2012, the City Council certified a Supplemental Environmental Impact Report (S
EIR) and adopted the CEQA Findings and a Statement of Overriding Considerations for the Housing Element and Climate Action Plan General Plan Amendment and Rezonings Supplemental EIR. This SEIR was a supplement to the EIR prepared for the Pleasanton 2005- 2025 General Plan which was certified in July 2009. The development contemplated in the DA is consistent with the development density that was evaluated and mitigated as part of these certified CEQA documents which are available upon request as part of Exhibit C. In addition, the City adopted an Addendum dated April 19, 2019, in connection with the Stoneridge Mall Commercial Replacement and Expansion Project, File P18-0340, which concluded the project would not cause any unstudied impacts or impacts peculiar to the parcel. The proposed Sixth 4 The Development Agreement also includes a provision for the other Mall owners to each provide a similar funding amount, in which case the DA would extend for an additional 18 months after December 31, 2024.
PXXX17-0904, 1008-1700 Stoneridge Mall Road Planning Commission 7 of 7
Amendment does not result in any effects on the environment that are peculiar to the property or project that were not addressed in these prior CEQA documents, or which substantial new information shows will be more significant than described in these prior CEQA documents.
Therefore, no additional environmental review is required pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183.
S
UMMARY/CONCLUSION
This extension of the Development Agreement will enable Stoneridge Properties (Simon Property Group) to continue to explore commercial expansion of the Stoneridge Shopping Center, broadening the City’s tax base and allowing the continued vitality of the shopping center. This amendment/extension would not alter or modify the obligations and responsibilities described in the original DA or subsequent amendments as they apply to the shopping center. With Simon Property Group contributing a minimum of $50,000 towards the Stoneridge Mall Framework, and up to a maximum of $200,000 (or alternatively, the other Mall owners contributing $150,000) progress should accelerate towards the milestones in this amendment. Therefore, staff believes the shopping center will continue to evolve and remain competitive in both the current development environment, and staff supports the request for the amendment/extension to the DA and recommends the Planning Commission provide a recommendation for approval to the City Council.
Primary Authors: Eric Luchini, Senior Planner, 925-931-5612 or [email protected].
R
eviewed/Approved By:
Dan Sodergren, City Attorney
Ellen Clark, Director of Community Development
© Latitude Geographics Group Ltd.
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
1,322.740
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Map Print Title
Fire Station
School
Park
Parcels
1008 Stoneridge Mall Road - APN #941 120109403
Attachment 4
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
1,175.050
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Map Print Title
Fire Station
School
Park
Parcels
1300 Stoneridge Mall Road - APN#941 120103006
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
1,238.360
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Map Print Title
Fire Station
School
Park
Parcels
1400 STONERIDGE MALL ROAD - APN #941 120102800
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
1,044.280
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Map Print Title
Fire Station
School
Park
Parcels
1500 Stoneridge Mall Road - APN#941 120102900
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Notes
Notes
Legend
This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
1,322.740
1: 15,873
Map Print Title
Fire Station
School
Park
Parcels
1700 Stoneridge Mall Road - APN #941 120109500
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This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable.
925.200
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Fire Station
School
Park
Parcels
2651 Stoneridge Mall Road - APN #941 120109200
Item #16
CITY COUNCIL AGENDA REPORT
June 4, 2024
City Manager
TITLE: RECEIVE AN UPDATE ON THE FIRST YEAR OF IMPLEMENTATION OF THE
FIVE-YEAR CITYWIDE STRATEGIC PLAN
SUMMARY
On October 3, 2023, the City Council approved Pleasanton’s first five-year citywide strategic plan, ONE Pleasanton. The strategic plan is a policy document that defines the City’s vision, mission and values and identifies citywide goals, strategies, and implementation actions over the five years from 2023 through 2028. Since approval, staff has developed an implementation plan that ties the goals and strategies in the plan to actionable projects and resources. The implementation plan was then used to inform departmental work plans that outline specific objectives and tasks for each City department to advance strategic plan goals in the current fiscal year (FY). This report updates the City Council and the community on the progress during FY 2023-2024 toward completing these implementation actions and advancing the ONE Pleasanton strategic plan goals. The report also shares a look forward to the upcoming projects and priorities for the next fiscal year (FY 2024/25).
RECOMMENDATION
Receive an Update on the First Year of Implementation of the Five-year Citywide Strategic Plan
BACKGROUND
Between February and August 2023, the City completed internal engagement with the City Council and staff and external engagement with the community to develop its first five-year citywide strategic plan.
Internal engagement ensures the strategic plan reflects the priorities and vision of Pleasanton’s policymakers and the City organization. This engagement included individual interviews with the City Council, surveys, questionnaires, and meetings with City staff at every level. Community engagement occurred through focus groups, an open house, pop-up events at the farmers’ market, and a statistically valid citywide community survey, with results presented to the City Council. City staff also met with each City committee and commission to share an update on the community input and strategic planning process. In August 2023, the City Council and the public provided input at a public workshop, at which the City Council selected four top-priority strategies for focused attention in the initial two years of the plan. The City Council approved the final ONE Pleasanton strategic plan in October 2023. The plan is available at: https://www.cityofpleasantonca.gov/our-government/city-manager/strategic-plan/
The five-year citywide strategic plan defines five key goals:
1. Funding Our Future: Fiscal Sustainability
2. Optimizing Our Organization: Organizational Effectiveness
3. Investing in Our Environment: Infrastructure, Public Facilities, and Sustainability
4. Safeguarding Our City: Public Safety and Emergency Preparedness
5. Building a Community Where Everyone Belongs: Livability and Community Development.
Each multi-year goal is achieved through associated strategies outlined in the plan. From November 2023 through January 2024, after the citywide strategic plan was approved, staff from every City department worked together to develop an Implementation Plan. This plan identifies specific projects to advance the identified strategies under each of the five goals and proposes a timeline for delivery that considers budget and other resources.
This process identified 29 of the 47 total strategies to be started in the first two fiscal years of the strategic plan implementation (FY 2023/24 and FY 2024/25). The projects in the Implementation Plan were incorporated into annual departmental work plans which outline the specific tasks and objectives for each department to achieve the strategic goals. The City Council agenda report template was also updated to include a new section which specifies how each item presented for City Council review and action advances the goals in the ONE Pleasanton Strategic Plan.
DISCUSSION
This report shares the progress toward implementation of those strategies identified for FY 2023/24, as well as identifies the planned tasks to continue to advance these strategies into FY 2024/25. A full dashboard report showing progress across all 47 strategies in the ONE Pleasanton Strategic Plan, with a status value (Not Started, On Track, Delayed or Completed) is included as Attachment 1.
City Council Priority Strategies
As part of the strategic plan development process, the City Council unanimously identified four key strategies for prioritization in the first two years of implementation. All four (100 percent) of these priority strategies are On Track. Progress toward implementation of those four strategies is described below.
1. Funding Our Future A.1. Develop a long-term strategy for funding operations and maintenance needs of community-owned facilities and infrastructure. This strategy is on track, with significant progress made in FY 2023/24. Key implementation tasks completed this fiscal year include:
• Updated the City’s long term financial forecast model and educated the community about financial forecasting and the budget process. This information was presented to the City Council at its meeting on March 19, 2024.
• Initiated a fee study to evaluate fees citywide, including a study of development impact fees.
• Begin development of the Asset Management Plan.
• Developed and implemented a strategic initiative to explore the feasibility of a local sales tax revenue measure.
Implementation tasks prioritized for FY 2024/25 include continuing development of the Asset
Management Plan with projected completion in 2026; presenting the sales tax revenue measure to the City Council in June and July 2024 for consideration and potential placement on the November 2024 ballot; and identifying funding sources to initiate future master plans.
2. Investing in Our Environment C.2. Develop an Asset Management Plan to address comprehensive long-term planning for maintenance, renovation, repair and/or replacement of infrastructure and public facilities. This strategy is on track. In May 2024, the City engaged a vendor, Kayuga Solutions, and held a kick-off meeting to begin to gather data from all City departments to develop a full inventory of the City’s current assets. The project will be implemented in three phases, with the City Council approving the first two phases on April 16, 2024:
• Phase 1 -. Assess current City assets
• Phase 2 - Integrate citywide software and prioritize maintenance risks • Phase 3 - Life-cycle planning.
Phase 1 and Phase 2 are expected to be completed in 18 months by late 2025; the entire project is expected to be completed in 2026.
3. Investing in Our Environment C.3 Identify funding and implement the recommendations from the Water Supply Alternative Study to resolve PFAS water quality issues. The City’s top priority is to ensure drinking water public health and safety standards are met for all Pleasanton residents and businesses. This priority is reflected in strategy C.3. which is on track, with efforts underway since prior to approval of the strategic plan in 2023.
Significant tasks and milestones completed to advance this strategic goal include:
• Completed analysis and selection of a water supply alternative project to construct two new groundwater wells located outside the PFAS contamination area. Construction of the two new wells is expected to cost approximately $25 million and take three to four years to complete, with the potential of a partnership with Zone 7 underway. • Implemented phase one of a water rate increase to sustain utility operations. • Designed, awarded, and constructed several critical near-term water improvement projects, including receiving an AA bond rating and issuance to support debt needed to construct improvements.
Staff will present a final Water System Management Plan to the City Council in late 2024 that will establish water program goals and performance metrics, recommend improvements to operations and maintenance of the water system, and develop standard operating procedures.
Updates to water system connection fees, which have not been updated since the 1980s, will be considered in 2024, as well.
4. Safeguarding Our City D.1. Assess the City’s overall emergency preparedness capabilities, resources, and tools and implement changes as needed to ensure the City is properly positioned to respond to disasters. Work on this priority strategy has been underway since early 2023, with significant progress made since the strategic plan was
approved. Staff compiled an inventory and updated/refreshed all emergency supplies, including Emergency Operations Center (EOC) organizational charts and checklists, food and water, and technology and communication devices.
Staff also reviewed the City’s current Emergency Operations Plan (EOP), which details how the City will mobilize and respond during a disaster, to identify critical updates needed to reflect current conditions and requirements and is in the process of engaging a consultant to update the EOP. The City also continued to implement the Community Emergency Response Team (CERT) training program to enhance community preparedness and launched a citywide internal comprehensive Disaster Academy training program to train staff on their role in the EOC and as Disaster Service Workers. Goals for FY 2024/25 will include continuing to roll out training for all City staff, completing the EOP update, and continuing to engage external stakeholders and partner agencies (i.e., neighboring cities, schools, hospitals, hotels, etc.) to strengthen regional preparedness.
Other Year 1 and Year 2 Strategies
In addition to the four City Council-identified priority strategies outlined above, 25 additional strategies were identified for advancement in the first year of the strategic plan, for a total of 29 strategies moving forward in FY 2023/24. The remaining 18 of the 47 total strategies were evaluated by staff and scheduled to begin implementation in future years of the strategic planning period.
Overall, the majority of Year 1 of ONE strategic plan implementation focused on obtaining approval of the plan (October 2023), developing the implementation plan (January 2024) and departmental work plans (February 2024), and beginning implementation of key priority projects that may take one or more years to implement. In addition to the four City Council- identified priority strategies discussed above, staff focused during the first implementation year on advancing the City's fiscal sustainability goals. As of the date of this report, eight of the nine strategies under Goal A. Funding Our Future are underway and on track, with one strategy scheduled to begin implementation in FY 2025/26.
Of the 47 strategies in the ONE Pleasanton strategic plan:
• 3 (6 percent) have been completed.
• 23 (49 percent) are on track, meaning that work is underway and progressing toward completion according to schedule.
• 3 (6 percent) have been delayed, frequently due to lack of available budget or other resources to complete implementation tasks.
• 18 (39 percent) have not started, generally because they were not scheduled to begin implementation in the first two years of the strategic plan.
A full list of all 47 strategies with implementation status is provided as Attachment 1. An online interactive dashboard to share quarterly updates on strategic plan progress is scheduled to launch in late summer/fall 2024.
EQUITY AND SUSTAINABILITY
The ONE Pleasanton strategic plan includes a number of strategies focused on advancing equity and sustainability that are discussed in this report, including strategies about
implementing the Climate Action Plan (CAP) and Diversity, Equity, Inclusion and Belonging (DEIB) Action Plan, improving communication and community engagement opportunities, implementing the Housing Element and developing a plan to end homelessness, improving accessibility and livability, increasing access to human services grants and developing affordable housing.
OUTREACH
No community outreach was conducted, as this report shares internal data on work by City departments to implement the citywide strategic plan. Every City department provided input to inform this strategic plan update report.
STRATEGIC PLAN ALIGNMENT
This report shares updates on the first year of implementation of the strategic plan.
FISCAL IMPACT
This is an update only; there is no fiscal impact from receiving this update. Specific projects identified in the implementation plan are presented to the City Council for consideration as part of the City’s regular two-year budget process.
Prepared by: Submitted by: Approved by:
Alexa Jeffress, Deputy City
Manager
Alexa Jeffress, Deputy City Manager
Gerry Beaudin, City
Manager
Attachments:
1. Attachment 1 Strategic Plan Year 1 Implementation Update
1 Attachment 1
Five-Year Citywide Strategic Plan
Year One Implementation Update
1. Overall
Overall, of the 47 strategies in the ONE Pleasanton strategic plan: 6% (3 strategies) have been completed; 49% (23 strategies) are on track, meaning that work is underway and progressing toward completion according to schedule; 6% (3 strategies) have been delayed, generally due to lack of available budget or other resources to complete implementation tasks; and 39% (18 strategies) have not started, generally because they were scheduled to begin implementation after the first two years of the strategic plan.
Completed
6% Delayed
6%
Not Started
39%
On Track
49%
Strategic Plan Year 1 (FY 23/24)
Implementation Status - All Strategies
Completed
Delayed
Not Started
On Track
2 A. Funding Our Future: Fiscal Sustainability
Strategy
Lead
Dept Status Implementation Actions
A.1. Develop a long-term
strategy for funding
operations and
maintenance needs of
community-owned
facilities and
infrastructure. (CC Priority)
Finance On
Track
Updated the City’s long term financial forecast model and educated the community about financial forecasting and the budget process. Initiated a fee study to evaluate fees citywide, including a study of development impact fees. Began
development of the Asset Management Plan. Developed and implemented a strategic initiative to explore the feasibility of a local sales tax revenue measure to augment the General Fund.
A.2. Identify expanded and
new revenue sources to
address significant
infrastructure needs.
Finance On
Track
Implemented a water rate increase to sustain utility operations.
Approved garbage rate increase starting in FY 24/25 to
incorporate a Vehicle Impact Fee for approximately $1.3M annually to cover road maintenance and paving projects. Working to develop or update Master Plans and develop rate studies for all Enterprise Funds.
A.3. Evaluate and update
enterprise revenue
sources, including utility
rates, and connection and
user fees.
Public
Works
On
Track
Implemented Phase 1 of a two-phase water rate increase to help the City maintain adequate funding for short-term operations and maintenance of the water system, replenish the reserves to Council-approved reserve levels, and better position the City to begin design of priority projects/programs. Phase 2 rate study will start in 2025. Water and sewer connection fee studies are underway.
A.4 . Include assessment of
ongoing maintenance and
operating costs for all new
projects.
Finance Not
Started
To begin in FY 2025/26
A.5. Update and
standardize City policy
regarding cost recovery for
services.
Finance On
Track
In the process of working with a consultant to prepare a comprehensive indirect cost allocation plan to update the City’s overhead rate, setting the stage to launch a citywide fee study in FY 2024/25.
Not Started
12%
On Track
88%
YEAR 1 (FY 23/24) IMPLEMENTATION STATUS
FUNDING OUR FUTURE (8 STRATEGIES)
A. Funding Our Future
Not Started
A. Funding Our Future
On Track
3 A.6. Establish City policy
and update City fee
schedule to ensure fees
charged represent costs of
services.
Finance On
Track
Initiated Fee Study to evaluate a list of fees to be implemented or re-evaluated citywide. Updated Agreements with Pleasanton Unified School District (PUSD) for joint use of fields, facilities, and maintenance. Currently working on a citywide fee study with NBS (consultant) to evaluate fees including: City-run/maintained EV charging station fees, LPFD standby fees, special event fees, stormwater inspection fees, and sport field fees.
A.7. Conduct an analysis
and update development
impact fees.
Comm
Dev
On
Track
Initiated study of development impact fees and presented to City Council at a workshop in May 2024. Plan to bring final
recommendation to City Council in Fall 2024.
A.8 . Continue to evaluate
pension and other post-
employment benefits
(OPEB) liabilities.
Finance On
Track
In preparation, staff is in the process of finalizing a pension study to analyze the use of pension trust funds and analyze long-term liability and funding strategies.
B. Optimizing Our Organization: Organizational Effectiveness Strategy Lead
Dept
Status Implementation Actions
B.1 . Implement the City’s
internal diversity, equity,
and inclusion (DEI) action
plan.
City Mgr On Track Created DEI Action Plan. Convened Diversity, Equity, Inclusion and Belonging (DEIB) Task Force with representation from every City Department in Jan 2024 to implement the action plan.
Completed executive team training. Developed citywide DEI training calendar and began to roll out training to the organization. Transferred oversight of the DEIB program from Human Resources to the City Manager's Office with the goal of infusing DEIB core values into all city operations, processes, communications, and team interactions.
B.2. Implement critical
software platforms across
departments.
IT On Track Successfully redesigned and launched City website to enhance user experience and accessibility. Implemented electronic agenda management software for City Council meetings and agendas with integration on the City website. Refreshed Completed
12%
Not Started
25%
On Track
63%
YEAR 1 (FY 23/24) IMPLEMENTATION STATUS
OPTIMIZING OUR ORGANIZATION(8 STRATEGIES)
B.Optimizing Our Organization
Completed
B.Optimizing Our Organization
Not Started
B.Optimizing Our Organization
On Track
4 technology in the City Council Chamber, modernizing audio- visual and conferencing technologies. Upgraded and migrated the Livermore-Pleasanton Fire Department (LPFD) scheduling and workforce management system. Implemented a major
update to the City's Computer Maintenance and Management Software (CMMS) MainStar throughout the Public Works
Department. For FY 2024-2025 and beyond, upcoming items include: implementing online budget book software; Police Computer-Aided Dispatch (CAD)/Record Management System
(RMS)/Mobile Systems Upgrade; Enterprise Resource Planning (ERP) Systems Upgrade; Land Management Systems Upgrade.
B.3. Develop and
implement a plan for
internal strategic
communication.
City Mgr On Track Created and shared a regular calendar of employee meetings and events, including launching the Employee Connections program to foster engagement between City departments and improve morale. Developed and implemented a strategic
communication plan and cadence of regular emails and
communications to share information about City finances and the revenue measure project from the City Manager's Office.
B.4. Evaluate and update
the organization’s
structure of community
engagement
opportunities.
City Mgr Complete With City Council ad hoc subcommittee, evaluated the City’s seven commissions and three committees to better align with the City’s organizational structure, streamline opportunities for community input and engagement, and increase efficiency.
Developed and implemented a new community academy to
foster civic engagement delivered through a no-cost dynamic five-session program.
B.5. Develop employee
recruitment and
retention strategies to
position Pleasanton as
the employer of choice
for the region.
HR On Track Completed Management and Confidential Class/Comp Study and Job Description Update to remain competitive with other agencies for recruitment and retention. Completed
Organizational Study for new Public Works Department including department mergers, restructuring. Successfully launched Phase II of Diversity, Equity, Inclusion, and Belonging- Task force to improve employee morale and retention.
B.6. Update City policies
and procedures to
proactively plan to
address workplace health
and safety issues.
City Mgr Not
Started
To begin in FY 2024/25. Staff is currently developing a Workplace Violence Prevention Plan and training program as required by recent legislation to launch the plan by the required due date of July 1, 2024. Other key tasks to include convening an
interdepartmental Safety Committee with representatives from all departments, with support and leadership from the City Manager's office and updating the Injury and illness Prevention Plan and associated programs.
B.7. Update and expand
onboarding, professional
development, and
performance
management plans.
HR On Track Implemented New Employee Orientation for the organization.
Added new orientation materials including Disaster Service Worker and Cybersecurity Awareness to reflect current priorities.
In the process of updating the performance management
process to align with Strategic Plan, to launch in FY 2024/25.
B.8. Develop a
Technology Strategic
Plan.
IT Not
Started
To begin in FY 2025/26
5 C. Investing In Our Environment: Infrastructure, Public Facilities, and Sustainability
Strategy Lead
Dept
Status Implementation Actions
C.1 Implement the four-year
Capital Improvement
Program (CIP)
Public
Works
On
Track
Approximately $17 million in construction and design
expenditures for FY22/23 on 27 Capital Improvement Projects.
Designed and constructed all Capital Improvement Projects within the allocated budget. Highlights: Construction of Fire Station #3; Design and construction of the Library Roof and Window
replacement; W. Las Positas Boulevard Multimodal
Reconstruction design underway.
C.2. Develop an Asset
Management Plan to
address comprehensive
long-term planning for
maintenance, renovation,
repair and/or replacement
of infrastructure and public
facilities. (CC Priority)
Public
Works
On
Track
Project kicked off in May 2024. The project will be implemented in three phases, with the City Council approving on April 16, 2024 the first two phases. Phase 1 (assess the current assets) and Phase 2 (integrate citywide software and prioritize maintenance risks) are to be completed in eighteen months by the end of 2025. Staff will request City Council approval of Phase 3 (life-cycle planning) in late 2025 with planned completion in 2026.
C.3. Identify funding and
implement the
recommendations from the
Water Supply Alternative
Study to resolve PFAS water
quality issues. (CC Priority)
Public
Works
On
Track
Completed analysis and selection of a water supply alternative project to construct two new groundwater wells located outside the influence of PFAS contamination. Implemented Phase 1 of a water rate increase to sustain utility operations. Prepared a 10- year Capital Improvement Plan that identifies and prioritizes projects based on recommendations from planning studies.
Designed, awarded, and in construction for several critical near- term water improvement projects, including bond rating and issuance to support debt to construct improvements.
C.4. Complete the Water
System Master Plan to
reflect current and future
Public
Works
On
Track
A water system management plan is under development, which will include policy statements and water program goals and performance metrics, as well as recommend programs to improve Delayed
10%
Not Started
40%
On Track
50%
YEAR 1 (FY 23/24) IMPLEMENTATION STATUS
INVESTING IN OUR ENVIRONMENT(10 STRATEGIES)
C.Investing in Our Environment
Delayed
C.Investing in Our Environment
Not Started
C.Investing in Our Environment
On Track
6 operations and identify
system improvements and
necessary maintenance.
operations and maintenance of the water system and develop standard operating procedures. Updates were presented to the City Council in December 2023 and March 2024, and the final plan is expected to be completed by the end of 2024.
C.5. Develop the
Accessibility for Disabled
Americans (ADA) Transition
Plan.
Comm
Dev
Not
Started
To start in FY 2024/25
C.6. Continue to implement
priority items from the
Climate Action Plan 2.0
(CAP) to lead by example in
environmental sustainability.
Comm
Dev
Delayed Some actions were advanced in FY 2023/24 to meet the City's CAP 2.0 goals, including the gas leaf blower ban and completion of a draft urban forest master plan. The vacant Sustainability Manager position is frozen in the FY 2024/25 mid-term budget due to lack of funding, which delays implementation of CAP 2.0, limiting the City’s ability to achieve strategies that meet reduced emissions goals, apply for grants, and participate in regional partnerships and related financial funding opportunities for projects like EV chargers and other electrification efforts.
C.7. Continue to invest in
parks, bicycle, and
pedestrian infrastructure,
and public art.
Comm
Dev
Not
Started
While existing investments and work are ongoing, staff needs to identify resources and define specific projects to advance this goal. There is an opportunity for the City Council to consider creating a "percent for public art" program that would encourage new public art to be installed as part of private development projects or pay a fee in the case of smaller projects. However, adopting a new program would require staff resources that may be limited depending on outcomes of a potential November 2024 revenue measure.
C.8. Update the Sewer
System Master Plan to
reflect current and future
operations and identify
system improvements and
necessary maintenance.
Public
Works
On
Track
Initial work is underway with expected completion by the end of 2024.
C.9. Develop the
Stormwater Master Plan.
Public
Works
Not
Started
To start in FY 2025/26. No funding source identified as
stormwater does not have an associated enterprise fund.
C.10. Create a citywide Fiber
Master Plan that outlines a
plan for building and
managing a fiber optic
network.
IT Not
Started
To start in FY 2025/26
7 D. Safeguarding Our City: Public Safety and Emergency Preparedness
Strategy Lead
Dept
Status Implementation Actions
D.1. Assess the City’s
overall emergency
preparedness capabilities,
resources, and tools and
implement changes as
needed. (CC Priority)
City
Mgr
On Track Compiled an inventory of existing emergency resources and updated/refreshed all supplies. Reviewed current Emergency Operations Plan (EOP) and identified critical updates needed to reflect current conditions and requirements. Began the process to engage consultant and start EOP update. Begin to build out a strategic communication plan for emergency preparedness, including internal and external communications. Goals for next FY 2024/25 will include completing update of the EOP and continuing to engage external stakeholders and partner agencies to strengthen regional preparedness.
D.2. Develop and
implement a
comprehensive training
program for all employees
on disaster preparedness.
City
Mgr
Complete Developed and released updated citywide internal training calendar, including a new Disaster Academy curriculum to ensure City staff with roles in the Emergency Operations Center and/or Departmental Operations Center are fully trained. Completed the first three cohorts of the Disaster Academy in FY 2023/24. Began regular tabletop training to prepare for seasonal disasters (fire season and wet season). Developed a new onboarding training and video to inform all new staff about their role as Disaster Service Workers. Continued to implement the Community
Emergency Response Team (CERT) training program to enhance community preparedness.
D.3. Implement an
ongoing strategy to reduce
the City’s cybersecurity
risks.
IT Complete Implemented advanced security measures to mitigate risks and protect city infrastructure. Rolled out cybersecurity training to all City staff and updated onboarding materials to include content on cybersecurity awareness.
Completed
22%
Delayed
11%
Not Started
34%
On Track
33%
YEAR 1 (FY 23/24) IMPLEMENTATION STATUS
SAFEGUARDING OUR CITY (9 STRATEGIES)
D.Safeguarding Our City
Completed
D.Safeguarding Our City
Delayed
D.Safeguarding Our City Not
Started
D.Safeguarding Our City On
Track
8 D.4. 4 . Identify funding
sources and implement
the hazard mitigation
plan.
Fire Not
Started
Plan update completed. Need to convene an interdepartmental team and identify funding, such as grants, to advance the priority strategies included in the plan.
D.5. Implement high
priority items from the
2023-2027 Pleasanton
Police Department
Strategic Plan.
Police On Track Hired eight officers, crime and intelligence analyst, records clerk, three Community Service Officers, one maintenance assistant, promotion of Lt and two Sgts. Implemented the crime and intelligence analyst program. Developed and implemented strategies to engage with Middle School youth - implemented assigned beat officer program to K-5 PUSD schools, reduced mental health holds of adults and juveniles. Launched the Alternative Response Unit (ARU) program which received the 2023 Helen Putnam Award.
D.6. Implement high
priority items from the
2022-2026 Livermore
Pleasanton Fire
Department Strategic
Plan.
Fire On Track Completed DEIB Assessment and held a facilitated review of findings with all personnel. Launched first-ever Las Positas College/LPFD Fire Academy providing college credit for training, reduced cost of academy delivery and greater regional
collaboration. Restored the Fire Safety Expo with record attendance. Initiated LPFD’s first ever Community Risk
Assessment. Partnered with the Alameda County Fire Chiefs, cities and Falck to improve 911-transport services with particular focus on Alameda County’s bid on the transport RFP.
D.7. Develop a
communication strategy
regarding emergency
preparedness for the
community and regional
partners.
City
Mgr
Delayed Regular communications to the community regarding seasonal emergency preparedness (fire season, wet season, earthquake preparedness) have been ongoing, as have meetings and
coordination with regional partners, such as Alameda County.
Additional staff time and resources are needed to implement other identified priority tasks include creating a monthly plan of communications for the community and staff related to seasonal preparedness and establishing the disaster council to assist with communication strategies.
D.8. Identify funding and
plan for a new Emergency
Operations Center (EOC).
City
Mgr
Not
Started
To start in FY 2025/26; dependent on funding availability.
D.9. Assess existing police
facilities and fire stations
to identify needs for
remodeling or
replacement.
Public
Works
Not
Started
To start in FY 2025/26. Will develop Public Safety Facility Assessment to consolidate and review existing facility studies.
New public safety facility assessment info will be incorporated into the asset management plan.
9 E. Building a Community Where Everyone Belongs: Livability and Community Development
Strategy Lead
Dept
Status Implementation Actions
E.1. Apply strategies from
the City DEI action plan to
increase equitable access
to City programs and
services for the community.
City
Mgr
Not
Started
Initial implementation of the DEI Action Plan is focused on internal process and organizational improvements. Will roll out to the community beginning in FY 2024/25 as the internal DEIB team becomes more established.
E.2. Develop a plan for
strategic external
communications to the
community that integrates
equitable best practices.
City
Mgr
On
Track
Engaged the community with information about City projects and programs (social media, monthly e-newsletters, Pleasanton Pipeline newsletter (water), Pleasanton Progress quarterly newsletter, press releases, website updates, etc.). Incorporated Spanish and Chinese language translation into community engagement efforts around the citywide strategic plan and other priority initiatives.
E.3. Implement high
priority items from the
Library and Recreation
Strategic Plan.
Library
and
Rec
On
Track
The current Library and Recreation Strategic Plan (2019-2024) is nearly complete. Staff is evaluating and assessing completion rates to identify what should be carried forward into a new plan.
As of May 2024, 69% of implementation strategies are completed; 19% are in progress; and 12% have not started. In August 2024, staff will share completion rates, success stories, challenges and recommendations with Civic Arts, Human Services, Library, Parks and Recreation and Youth Commissions. In October, work will begin on an updated strategic plan for 2025-2030.
E.4. Implement the
updated 2024-2028
Economic Development
Strategic Plan initiatives.
City
Mgr
On
Track
Implementation is underway with City staff initiating projects in FY 2023/24 that will enhance Pleasanton's ability to attract, retain and help businesses grow, including a retail inventory assessment and recruitment strategy, creation of a zoning and permitting roadmap to target life sciences, and establishing a partnership with PUSD's workforce development program to cultivate
Pleasanton's talent pipeline. Staff have initiated a feasibility study to evaluate the current downtown business improvement district Delayed
8%
Not Started
59%
On Track
33%
YEAR 1 (FY 23/24) IMPLEMENTATION STATUS
BUILDING A COMMUNITY (12 STRATEGIES)
E.Building a Community
Where Everyone Belongs
Delayed
E.Building a Community
Where Everyone Belongs Not
Started
E.Building a Community
Where Everyone Belongs On
Track
10 to enhance economic resiliency in the downtown district. These projects will continue into FY25-FY26.
E.5. Complete master
planning and California
Environmental Quality Act
(CEQA) document for the
Stoneridge Mall
Framework.
Comm
Dev
Delayed There are no City funds currently available to fund the necessary planning and CEQA work, meaning progress will be dependent on investment by the Mall owners, and/or securing grant funding.
The City Council will consider an extension of the Development Agreement between the City and Simon Property Group, that includes terms specifically intended to help advance the master planning effort, including securing funding and encouraging collaborative efforts among the ownership group.
E.6. Implement the Housing
Element and develop a plan
to end homelessness.
Comm
Dev
On
Track
The City has taken several actions to advance implementation of the Housing Element including re-zoning all the Housing Element sites; adopting amendments to the PMC to align with State law requirements as part of the annual Omnibus; launching a pre- approved ADU program; and making progress on a
comprehensive update to the Inclusionary Zoning Ordinance and Affordable Housing Fee. Dublin, Livermore, and Pleasanton City Councils adopted the Eastern Alameda County Human Services Needs Assessment in spring 2024.
E.7. Create a livability index
to measure community
well-being, informed by the
biannual community
survey.
City
Mgr
Not
Started
To start in FY 2025/26.
E.8. Advance strategies for
preserving historic
resources and the historic
character of the city.
Comm
Dev
Not
Started
To start in FY 2025/26.
E.9. Advance the East
Pleasanton Specific Plan.
Comm
Dev
Not
Started
No City funds are currently available for the East Pleasanton Specific Plan, and progress will be dependent on property owner investments/commitments to participate in the planning effort.
Staff plans to provide an update to City Council on the status of key projects in the East Pleasanton area in Summer, 2024.
E.10. Establish a
partnership with a non-
profit developer to secure a
site and develop an
affordable housing project.
Comm
Dev
Not
Started
To start in FY 2025/26.
E.11. Initiate an update of
the 2005 General Plan.
Comm
Dev
Not
Started
To start in FY 2025/26.
E. 12. Implement the
results of the Human
Services Needs Assessment
and streamline housing,
human services, and
community services grant
programs.
Library
and
Rec
Not
Started
To start in FY 2025/26. Dublin, Livermore, and Pleasanton City Councils adopted the Eastern Alameda County Human Services Needs Assessment in spring 2024. Staff from all three cities and the non-profit organizations continue to work together to develop an action plan.