RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE ENGINEER’S REPORT AND THE CONTINUATION OF THE LEVY
AND COLLECTION OF ASSESSMENTS WITHIN THE LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 1995-1 MOLLER RANCH FOR FISCAL YEAR 2024/25 WHEREAS, on May 21, 2024, the City Council adopted resolution entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON DECLARING THE
INTENTION TO ORDER IMPROVEMENTS FOR THE LIGHTING & LANDSCAPE MAINTENANCE DISTRICT NO. 1995-1 MOLLER RANCH FOR FISCAL YEAR 2024/25;
DECLARING THE INTENTION TO CONTINUE THE LEVY AND COLLECTION ASSESSMENTS; AND SETTING THE DATE FOR THE PUBLIC HEARING,” whereby the City Council proposed the continuation of the Lighting & Landscape Maintenance District No. 1995-1 Moller Ranch (the “District”) pursuant to the Landscaping and Lighting Act of 1972, constituting Part 2 of Division 15 of the California Streets and Highways Code (the “Act”); and WHEREAS, the City Council designated the City Engineer as Engineer of Work for purposes of these proceedings (the “Engineer of Work”) and directed the Engineer of Work to prepare an Engineer’s Report (the “Report”) in accordance with the Act and Article XIIID of the California Constitution; and
WHEREAS, the Report was duly made and filed with the City Clerk, and considered by this Council and found to be sufficient, then it was determined that the Report should stand as the Engineer's Report for all subsequent proceedings pursuant to that resolution, and that June 18, 2024, at the hour of 7 p.m. at the City Council Chambers, located at 200 Old Bernal Avenue, Pleasanton, California, was appointed as the time and place for a hearing by this Council on the question of the levy of the proposed assessment, notice of which hearing was given as required by law; and
WHEREAS, at the appointed time and place the hearing was held, and all persons interested and desiring to be heard were given an opportunity to be heard, and all matters pertaining to the continuation of the levy were heard and considered by this Council, and all oral and written protests or communications were duly heard, considered and overruled, and this Council thereby acquired jurisdiction to order the levy and the confirmation of the diagram and assessment prepared by and made a part of the Engineer's Report to pay the costs and expenses thereof.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1.The public interest, convenience and necessity require that the continuation of the levy be made.
SECTION 2.The land within the District will be specially benefited by the improvements and assessed to pay the costs and expenses of the improvements, and the exterior boundaries of the District, are as shown by a map in the Report filed in the office of the City Clerk, which map is made a part of this resolution by reference.
ATTACHMENT 5
SECTION 3.The improvements to be made in the District are generally described as follows:
The maintenance and repair of designated landscaped areas, open space slopes, fuel transition zones (fire breaks), entry features, open space drainage ditches, irrigation systems, trees in the open space and designated landscaped areas, and the furnishing of water and power for irrigation systems, together with all appurtenant and incidental expenses within Tract 6618, City of Pleasanton.
SECTION 4.The assessments are in compliance with the provisions of the Act and Article XIII D of the California Constitution, and the City Council has complied with all laws pertaining to the levy of annual assessments pursuant to the Act and Article XIII D of the California Constitution.
SECTION 5.Reference is hereby made to the Report for a full and detailed description of the improvements, the boundaries of the District and the proposed assessments upon assessable lots and parcels of land within the District. The Engineer's Report as a whole and each part thereof, to wit:
i. the Engineer's estimate of the itemized and total costs and expenses of maintaining the improvements and of the incidental expenses; ii. the diagram showing the assessment district, plans and specifications for the improvements to be maintained and the boundaries and dimensions of the respective lots and parcels of land within the District; and iii. the assessment of the total amount of the cost and expenses of the proposed maintenance of the improvements upon the several lots and parcels of land in the District in proportion to the estimated special benefits to be received by such lots and parcels, respectively, from the maintenance, and of the incidental expenses are finally approved and confirmed.
SECTION 6.Final adoption and approval of the Engineer's Report as a whole, and of the plans and specifications, estimate of the costs and expenses, the diagram and the assessment, as contained in the Report as determined and ordered, is intended to and shall refer and apply to the Report, or any portion as amended, modified, or revised or corrected by, or pursuant to and in accordance with, any resolution or order, if any, duly adopted or made by this Council.
SECTION 7.The assessment is hereby levied to pay the costs and expenses of the maintenance of the improvements for fiscal year 2024/25.
SECTION 8.Based on the oral and documentary evidence, including the Engineer's Report, offered and received at the hearing, the City Council expressly finds and determines that:
(a) each of the several lots and parcels of land will be specially benefited by the maintenance of the improvements at least in the amount if not more than the amount, of the assessment apportioned against the lots and parcels of land, respectively; and (b) there is substantial evidence to support the finding and determination as to special benefits.
SECTION 9.Immediately upon the adoption of this resolution, but in no event later than August 10 following such adoption, the Engineer of Work shall file a certified copy of the diagram
and assessment and a certified copy of this resolution with the County Auditor. Upon such filing, the County Auditor shall enter on the County assessment roll opposite each lot or parcel of land the amount of assessment thereupon as shown in the assessment.
SECTION 10.The assessments shall be collected at the same time and in the same manner as County taxes are collected and all laws providing for the collection and enforcement of County taxes shall apply to the collection and enforcement of the assessments. After collection by the County, the net amount of the assessments, after deduction of any compensation due the County for collection, shall be paid to the Lighting & Landscape Maintenance District No. 1995-1 Moller Ranch.
SECTION 11.The moneys representing assessments collected by Alameda County shall be deposited in the City Treasury to the credit of the special fund known as the “Lighting & Landscape Maintenance District No. 1995-1 Moller Ranch” previously established. Moneys in the fund shall be expended only for the maintenance, servicing, construction or installation of the improvements.
SECTION 12.The adoption of this resolution constitutes the continuation of assessments for the fiscal year commencing July 1, 2024, and ending June 30, 2025.
SECTION 13.This resolution shall take effect immediately upon its adoption. City Clerk shall certify to the passage of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on June 18, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 18th day of June 2024 by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
Dated: _______________________
APPROVED AS TO FORM:
____________________________
Daniel Sodergren, City Attorney
Item #13
CITY COUNCIL AGENDA REPORT
June 18, 2024
Public Works - Engineering Division
TITLE: ADOPT A RESOLUTION TO INCORPORATE ENGINEERING
RECOMMENDATIONS FOR THE LIST OF RESURFACING STREETS INTO THE
STREETS CAPITAL IMPROVEMENT PROGRAM, ANNUAL RESURFACING AND RECONSTRUCTION OF VARIOUS STREETS PROJECT, CIP NO. 25503 FOR FISCAL YEAR 2024/25 FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
SUMMARY
Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017, was passed by the California Legislature and signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide. SB-1, in turn, created the Road Maintenance and Rehabilitation Account (RMRA). To receive funding from SB-1, the City must annually adopt a resolution that includes a list of projects to be funded by the RMRA. The list includes a description and the location of each proposed project, and notes a proposed schedule for the project’s completion, and the estimated useful life of the improvements.
RECOMMENDATION
Adopt a resolution to incorporate engineering recommendations for the list of resurfacing streets into the Streets Capital Improvement Program, Annual Resurfacing and Reconstruction of Various Streets Project, CIP No. 25503 for Fiscal Year 2024/25 funded by Senate Bill 1, the Road Repair and Accountability Act of 2017.
BACKGROUND
SB-1 was passed by the California Legislature and signed into law by the Governor in April 2017 to address significant multi-modal transportation funding shortfalls statewide. Funds are distributed throughout California through the RMRA. To receive funds from the RMRA, the City must pass a resolution each year that includes a list of all projects proposed to be funded by the RMRA. The list includes a description and the location of each proposed project, and notes a proposed schedule for the project’s completion, and an estimate of the useful life of the improvements.
DISCUSSION
The City programmed SB-1 funding into the FY 2024/25 streets CIP under the Annual Resurfacing and Reconstruction of Various Streets Project, CIP No. 25503. The project will resurface approximately 533,000 square feet of pavement throughout the city during summer 2025. The streets that will be resurfaced using SB-1 funds are listed below:
STREET NAME BEGIN LOCATION END LOCATION
HANSEN DR CALLE REYNOSO VALLEY AVE
PASEO SANTA CRUZ HANSEN DR CORTE SANTA MARIA
PASEO SANTA CRUZ CORTE SANTA MARIA VIA DE LOS CERROS
VIA DE LOS CERROS PASEO SANTA CRUZ VALLEY AVE
CALLE DE LA LOMA PASEO SANTA MARIA VIA DE LOS CERROS
CAMINO SEGURA VIA DE LOS CERROS PASEO SANTA CRUZ
CAMINO DEL CINO CAMINO DEL LAGO
(WEST)
CAMINO DEL LAGO (EAST)
CORTE DEL CINO CAMINO DEL LAGO END
CORTE MERCADO PASEO SANTA CRUZ END
CAMINO DEL LAGO PASEO SANTA CRUZ CAMINO SEGURA
CORTE DEL VISTA PASEO SANTA CRUZ END
CALLE ALTAMIRA S/O CORTE MONTEREY PASEO SANTA CRUZ
CALLE ALTAMIRA CALLE REYNOSO S/O CORTE MONTEREY
CORTE MATEO CALLE ALTAMIRA END
CORTE ANTONIO PASEO SANTA CRUZ END
BLACK AVE 38 FT. E/O CALLE
RICARDO
106 FT. W/O CAMINO BRAZOS
(WEST)
W. LAS POSITAS BLVD FOOTHILL RD MUIRWOOD DR
W. LAS POSITAS BLVD MUIRWOOD DR I-680
The project will be completed by winter 2025. The resurfacing treatments will extend the useful life of the treated roadway by an additional 10-15 years.
The streets to be resurfaced were identified by the City’s Pavement Management System (PMS) program, as is required by SB-1, as a condition of receiving the funds. The PMS breaks the city street system into approximately 1,400 segments. Each segment is evaluated and condition-rated as part of a bi-annual inspection program. The streets maintenance projects are then developed as a combination of street reconstruction, such as repaving, and street maintenance, such as slurry sealing. The PMS is designed to reconstruct some streets that have or are near failure, as well as apply preventative maintenance to some streets to keep them in relatively good condition.
Augmenting other funds invested in the repair and maintenance of the city’s local streets and roads infrastructure, SB-1 funds have been essential in maintaining the city’s critical transportation infrastructure despite continually increasing costs.
EQUITY AND SUSTAINABILITY
Adoption of this resolution advances the Climate Action Plan (CAP 2.0) in greenhouse gas
reduction by utilizing a new asphalt mix design that contains 25 percent Recycle Asphalt Pavement (RAP) instead of the previous 15 percent RAP in the mix.
OUTREACH
SB-1 funding will be posted on the project’s sign, construction notices and social media prior to the start of construction.
STRATEGIC PLAN ALIGNMENT
Adoption of this resolution advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 1 - Implement the four-year Capital Improvement Program (CIP) to complete design and construction of budgeted capital projects.
FISCAL IMPACT
SB-1 will provide the City with an estimated $2,065,256 in RMRA funding in FY 2024/25 that is programmed in the FY 2024/25 Streets Capital Improvement Program (CIP) approved on May 21, 2024, as part of the FY 2024/25 Mid-Term Update Operating & Capital Budget.
Prepared by: Submitted by: Approved by:
Huy Ho, Associate Engineer Siew-Chin Yeong, Director of Public Works
Gerry Beaudin, City
Manager
Attachments:
1. Resolution to amend the Streets CIP, incorporating a list of streets to receive preventative maintenance to be funded by Senate Bill 1
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, TO
AMEND THE STREETS CIP, INCORPORATING A LIST OF STREETS TO RECEIVE PREVENTATIVE MAINTENANCE TO BE FUNDED BY SENATE BILL 1, THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FOR FISCAL YEAR 2024/25 WHEREAS, Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB-1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB-1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City, will receive an estimated $2,065,256 in RMRA funding in Fiscal Year 2024/25 from SB-1; and
WHEREAS, this is the 8th year in which the City is receiving SB-1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB-1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB-1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB-1 will help the City maintain and rehabilitate local streets, add active transportation infrastructure throughout the City this year and hundreds of similar projects into the future; and
WHEREAS, the 2023 California Statewide Local Streets and Roads Needs Assessment found that the City’s streets and roads are in a “good” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good to excellent” condition; and
ATTACHMENT 1
WHEREAS, the SB-1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. Amends the Streets CIP for fiscal year 24/25, incorporating the following planned project to be funded with Road Maintenance and Rehabilitation Account revenues:
Annual Resurfacing and Reconstruction of Various Streets, CIP No. 25503.
The project will resurface 533,000 square feet of various streets throughout the City during summer 2025 at the following locations:
STREET NAME BEGIN LOCATION END LOCATION
HANSEN DR CALLE REYNOSO VALLEY AVE
PASEO SANTA CRUZ HANSEN DR CORTE SANTA MARIA
PASEO SANTA CRUZ CORTE SANTA MARIA VIA DE LOS CERROS
VIA DE LOS CERROS PASEO SANTA CRUZ VALLEY AVE
CALLE DE LA LOMA PASEO SANTA MARIA VIA DE LOS CERROS
CAMINO SEGURA VIA DE LOS CERROS PASEO SANTA CRUZ
CAMINO DEL CINO CAMINO DEL LAGO
(WEST)
CAMINO DEL LAGO (EAST)
CORTE DEL CINO CAMINO DEL LAGO END
CORTE MERCADO PASEO SANTA CRUZ END
CAMINO DEL LAGO PASEO SANTA CRUZ CAMINO SEGURA
CORTE DEL VISTA PASEO SANTA CRUZ END
CALLE ALTAMIRA S/O CORTE MONTEREY PASEO SANTA CRUZ
CALLE ALTAMIRA CALLE REYNOSO S/O CORTE MONTEREY
CORTE MATEO CALLE ALTAMIRA END
CORTE ANTONIO PASEO SANTA CRUZ END
BLACK AVE 38 FT. E/O CALLE
RICARDO
106 FT. W/O CAMINO BRAZOS
(WEST)
W. LAS POSITAS BLVD FOOTHILL RD MUIRWOOD DR
W. LAS POSITAS BLVD MUIRWOOD DR I-680
The project will be started in spring 2025 and completed by winter 2025. The resurfacing treatments will extend the useful life of the treated roadway by an additional 10 to 15 years.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on June 18, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 18th day of June 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Item #14
CITY COUNCIL AGENDA REPORT
June 18, 2024
Public Works - Operations Division
TITLE: APPROVE AGREEMENT BETWEEN CITY OF PLEASANTON AND ZONE 7
WATER AGENCY TO PERFORM PHASE I FEASIBILITY REVIEW FOR THE
REGIONAL GROUNDWATER FACILITIES PROJECT
SUMMARY
On October 17, 2023, the City Council approved proceeding with the planning and development of new groundwater wells in the Bernal subbasin to recover the use of its Groundwater Production Quota (GPQ) of 3,500 acre-feet per year. Planning efforts included evaluating the feasibility of collaborating with Zone 7 Water Agency (Zone 7) on a joint project.
On February 15, 2024, Zone 7 and City staff completed a process that outlined the terms of collaboration for a joint project to increase Zone 7’s groundwater production capacity for the Tri-Valley region, recover the use of the City’s GPQ, and produce water supply that meets and exceeds all State and federal water quality standards including regulations for Per-and Polyfluoroalkyl Substances (PFAS). The joint project is titled Regional Groundwater Facilities Project (Project), and implementation will be broken into three phases: Phase I - Feasibility Review, Phase II – Design and Construction, and Phase III – Operation and Maintenance (O&M).
To perform Phase I of the Project, staff has prepared a recommended agreement between the City and Zone 7. The scope of work includes well siting analysis, exploratory test drilling, a technical feasibility evaluation, developing an environmental compliance strategy, and negotiating draft terms for Phases II and III of the Project. As part of the recommended agreement, Zone 7 and the City will contribute their own staff time and resources for self- performed tasks and activities. The cost of contractor and consultant services will be equally shared (50 percent/50 percent cost sharing), with a combined not-to-exceed limit of $2 million dollars.
RECOMMENDATION
1. Approve agreement between the City of Pleasanton and Zone 7 Water Agency to perform Phase I – Feasibility Review for the Regional Groundwater Facilities Project.
2. Authorize the City Manager to execute the agreement with Zone 7 for Phase 1, which includes provisions for Zone 7 to execute contracts with contractors and consultants to perform Phase I services with a combined not-to-exceed limit of $2,000,000 equally shared (50 percent/50 percent cost share) by the City and Zone 7. Contracts will be executed by Zone 7 only after approval from the Project Steering Committee, which includes Zone 7’s Water Resources Manager and General Manager and the City’s Director of Public Works and City Manager.
BACKGROUND
On October 17, 2023, the City Council approved the following actions based on the findings and recommendations from the Brown and Caldwell 2023 Water Supply Alternatives Study report:
• Proceed with the planning and development of new groundwater wells in the Bernal subbasin with the goal of recovering the use of its GPQ of 3,500 acre-feet per year, and • Evaluate the feasibility of conducting a joint project with Zone 7 to implement the new groundwater wells.
In February 2024, Zone 7 and City staff completed a process outlining the collaboration terms to evaluate, plan, design, construct, and operate regional groundwater facilities in the Bernal subbasin. The terms of collaboration include the following elements:
• Goals: Implement the project to increase Zone 7’s groundwater production capacity for the Tri-Valley region and recover the use of the City’s GPQ. The project should produce water supply that meets and exceeds all state and federal water quality standards, including regulations for PFAS.
• Description: The project is envisioned to include new groundwater well(s) that are tied to Zone 7’s water supply system; an increase in capacity of Zone 7’s existing Hopyard Treatment Facility to treat groundwater from the new well(s); new pipelines to tie the new well(s) to the Hopyard Treatment Facility and Zone 7’s transmission system; and delivery of the City’s GPQ by Zone 7 through Zone 7’s transmission system to City turnouts. Additional improvements to the City’s distribution system will be required to receive its GPQ from turnouts as opposed to directly from City-operated wells. The City will evaluate and construct these improvements outside of the joint activities with Zone
7. • Implementation: The project will be broken into three phases. Phase I evaluates the feasibility and provides a basis for design. The target completion date for Phase I is Spring 2025. If the project is determined to be feasible, then the governing bodies of both parties will be required to provide authorization to proceed into Phase II and III.
Phase II involves designing and constructing the project according to the basis of the design developed in Phase I. The target completion date for Phase II is the end of 2028.
Phase III is for the O&M of the project. This phase would start after completion of Phase II and when required permits to operate are in place.
• Roles: Zone 7 will be the lead agency in the project’s evaluation, permitting, design, construction, and O&M. The City will support Zone 7 by providing necessary land rights, participating in the project team, managing community outreach within the City, and sharing its fair share of costs.
Zone 7 is scheduled to seek Zone 7’s Board of Directors approval at its July 17, 2024, Board Meeting.
DISCUSSION
A recommended agreement between the City and Zone 7 to perform Phase I of the project is provided as Attachment 1. Below is a summary of the agreement terms:
• Scope of Work: The scope of work includes wells siting to identify the top three
recommended locations for potential installation of production well facilities; exploratory test drilling at the top three locations; a technical feasibility study to determine if water yield and quality based on exploratory test drilling and Zone 7 groundwater modeling is suitable, and if so, provide a basis of design that recommends infrastructure improvements and corresponding capital and O&M costs; developing an environmental review strategy for complying with the California Environmental Quality Act (CEQA) and potentially the National Environmental Policy Act (NEPA); and negotiating a draft terms sheet for Phase II and III of the project.
• Contractor/Consultant Services: Anticipated contractor and consultant services include exploratory test drilling, technical feasibility review, and environmental review strategy.
As the lead agency, Zone 7 will enter into agreements for these services, which will require authorization by Zone 7’s Board of Directors unless the amount is under the authority of Zone 7’s General Manager. As part of the recommended City and Zone 7 agreement, the City Council delegates authority for Zone 7 to enter into agreements for these services only after approval by the Project Steering Committee, which includes Zone 7’s Water Resources Manager and General Manager, and the City’s Director of Public Works and City Manager.
• Cost Sharing: Zone 7 and the City will contribute their own staff time and resources for self-performed tasks and activities. The contractor and consultant services cost will be equally shared (50 percent/50 percent cost sharing) with a not-to-exceed limit of $2 million dollars ($2,000,000). Any consultant or contractor agreements, change orders, or amendments that exceed the not-to-exceed limit of the agreement will require approval by both governing bodies.
EQUITY AND SUSTAINABILITY
Approval of this action advances the Citywide Climate Action Plan 2.0 (CAP) - Water Resources - Reduce GHG emissions from water usage (including conveyance) and prepare community water resources for a changing climate which will result in cost savings, enhance water quality and availability, improve infrastructure, and increase resiliency.
OUTREACH
Phase I of the project will include community engagement efforts led by the City, including notifications of exploratory drilling activities and outreach to understand and mitigate potential impacts.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic goal of Investing in Our Environment, Strategy 3 – Identify funding and implement the recommendations from the Water Supply Alternative Study to resolve PFAS water quality issues.
FISCAL IMPACT
This project is funded by the City Groundwater Supply Project (CIP 24174). The total programmed amount in the four-year Capital Improvement Program for CIP 24174 for feasibility review (Phase I) and final design (first part of Phase II) is $4,000,000. Anticipated City expenditures for feasibility review include $1,000,000 for activities included with the Zone 7 agreement and an allowance of $500,000 for potential City activities outside the Zone 7 agreement. Expenditures for final design activities will occur after the completion of the
feasibility review and approval to proceed by the City Council, and are anticipated to be less than the total programmed funding.
Prepared by: Submitted by: Approved by:
Todd Yamello , Utilities
Planning Manager - Public
Works
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:
1. Agreement between Zone 7 Water Agency and the City of Pleasanton for the Regional Groundwater Facilities Project -Phase I
4141352.1 1
AGREEMENT BETWEEN ZONE 7 WATER AGENCY AND THE CITY OF PLEASANTON FOR THE REGIONAL GROUNDWATER FACILITIES PROJECT – PHASE I
This Agreement (“Agreement”) is entered into on __________, 2024, between the Alameda County Flood Control and Water Conservation District, Zone 7, a public body, corporate and politic, (“Zone 7” or “Zone 7 Water Agency”) and the City of Pleasanton, a municipal corporation (“City”).
Zone 7 and City may be referred to individually as party, or collectively as parties.
RECITALS
WHEREAS, Zone 7 and the City seek to collaborate and share costs for the development of supplemental groundwater extraction facilities, which would provide benefits to both parties including the benefit of increased groundwater extraction capacity; and
WHEREAS, Zone 7 provides wholesale potable water to the Livermore Amador Valley serving multiple customers, including the City, which it currently serves under the Term and Conditions Adopted by the Zone 7 Board of Directors on August 16, 2000; and
WHEREAS, Zone 7 serves its customers via a water distribution network generally consisting of approximately 42 miles, more or less, of transmission pipelines and appurtenances, 10 groundwater extraction wells, and two water treatment plants; and
WHEREAS, in addition to its wholesale water supply function, Zone 7 is also the exclusive Groundwater Sustainability Agency for the Livermore Valley Subbasin where it is responsible for compliance with the Sustainable Groundwater Management Act of 2014 (SGMA); and
WHEREAS, the City is a retail water supplier serving approximately 80,000 people with water purchased from Zone 7 or water extracted from the groundwater basin in accordance with its Groundwater Production Quota (GPQ), which as of 2024 is 3,500 Acre Feet per year; and
WHEREAS, current testing and modeling analyses suggests that the Bernal Subbasin, which lies within the Livermore Valley Groundwater Subbasin, is outside of the existing PFAS plume, and worthwhile to jointly investigate the feasibility of developing groundwater projects for the parties and;
WHEREAS, the parties desire to evaluate the feasibility of additional groundwater extraction facilities within the Bernal Subbasin, with the overall goal of producing potable water supplies that meet and exceed all State and federal water quality standards while creating cost efficiencies for both parties, and if feasible, constructing joint-use groundwater extraction facilities, subject to further negotiations, funding, operating plans, approval from the governing bodies of each entity, and other considerations; and
WHEREAS, this agreement is intended to set forth the framework for Phase I of these proposed joint-use groundwater extraction facilities, said Phase I described herein.
NOW, THEREFORE, for valuable consideration of the contributions and commitments hereinafter set forth, both parties desire to move forward with Phase I, and agree as follows:
4141352.1 2
AGREEMENT
The recitals hereto are true and correct and are incorporated into the body of this Agreement as set forth in full.
1. Project Description:
The Regional Groundwater Facilities Project (hereinafter “Project”), which is currently in a feasibility analysis and conceptual design phase, is intended to provide additional groundwater extraction capacity for Zone 7 and provide groundwater extraction capabilities for the City to recover its GPQ. If approved, the Project would entail the design, construction and operation up to three additional groundwater extraction wells in the Bernal Groundwater Subbasin, and would connect these proposed additional groundwater extraction wells to Zone 7’s existing water transmission system and the existing Hopyard Wells Treatment Facility, increasing the capacity of both assets where necessary. The project will also define the sustainable annual pumping capacity from test well locations to recover the City’s GPQ and provide supplemental groundwater pumping capacity for Zone 7. As currently conceived, Project development is anticipated to have three main phases, which are summarized as follows:
A. Phase I – Phase I will explore the technical feasibility of the Project including the feasibility of up to three additional wells in the Bernal Subbasin located within the area shown on Exhibit ‘B,’ attached hereto and incorporated herein. This technical feasibility includes a siting review for new well locations, installing exploratory test wells to analyze potential yields and water quality, and preparing reports that summarize Project feasibility and the basis of design report.
In Phase I, both participating entities will evaluate the project’s feasibility before making any Project approvals or committing to Project implementation. Term sheets for Phase II and Phase III will be developed during Phase I, for subsequent consideration by the governing boards of each entity. The scope of this phase is described in full in Section 2, herein. The target date for completion of Phase I is the spring of 2025.
B. Phase II – Phase II is anticipated to generally consist of permitting, public outreach, design, construction, start-up, and other tasks. The target completion date for Phase II is the end of 2028.
C. Phase III – Phase III is anticipated to be the ongoing long-term operations and maintenance of the Regional Groundwater Facilities after Project commissioning. It is currently envisioned that Zone 7 would be the operator of the Project, with the City reimbursing Zone 7 for a portion of the costs, including but not limited to the costs of operation, maintenance, ongoing regulatory costs, renewal and replacement to be defined in the future regional groundwater Project operations and maintenance agreement between the City and Zone 7. In that model, Zone 7 would, upon request from the City and after any necessary scheduling, extract the City’s GPQ utilizing the Regional Groundwater Facility and convey the water via Zone 7’s transmission system to the City’s turnouts, at which point, the City would then be responsible for conveyance, carriage, and handling of the water.
2. Scope of Work for Phase I:
The following outlines the scope of work to implement Phase I of the Project including deliverables and milestones:
4141352.1 3
− Community Engagement: The City will conduct a workshop with Zone 7 at the beginning of Phase I to develop a community engagement strategy. The City will lead community engagement efforts including notification of exploratory drilling activities / impacts and outreach to receive input. The City will also provide ongoing interfacing with the community and neighbors of the potential Project as needed. Zone 7 will provide technical information and support for community engagement.
- City Deliverables:
o Minutes from community engagement workshop
o Public notifications
− Well Siting: Zone 7 will lead efforts to identify the top three (3) recommended locations for exploratory test drilling and potential installation of production well facilities. The siting review will prioritize locations based on factors such as Zone 7 groundwater modeling and historical information on anticipated water yield and quality, proximity to the PFAS plume, proximity to Zone 7 connecting treatment and transmission facilities, impacts to Hopyard 6 and Hopyard 9 pumping capacity and other nearby groundwater extraction facilities, O&M access, land use rights, City operational impacts, and community impacts. - Zone 7 Deliverables:
o Draft and Final Well Siting Technical Memorandum (TM) - City Deliverables:
o Review comments to Draft Well Siting TM
- Milestones:
o Final Well Siting TM and associated recommendations will be approved by the Steering Committee prior to proceeding with exploratory test drilling. − Exploratory Test Drilling: Zone 7 will lead efforts to perform exploratory test drilling at the three (3) recommended locations documented in the Final Well Siting TM. Exploratory test drilling activities will include installation of test wells, analyzing water quality and yields at discrete zones, and providing reports to document findings. As the lead agency, Zone 7 will file appropriate California Environmental Quality Act (“CEQA”) document(s) for the exploratory drilling and obtain necessary permits, enter into agreement with a contractor to perform work through a competitive bid process consistent with Zone 7 procedures, and oversee contractor’s work including administration, project management, construction management, field inspection, and reporting.
The City may identify one additional location within the Bernal subbasin for exploratory test well drilling. This location will be included in the bid documents as an optional task of the scope of work. If this additional location is pursued, the City will enter into a separate bilateral agreement with contractor and manage all related efforts and pay for 100 percent of the related costs, which is not included in the not-to-exceed limit of this agreement. - Zone 7 Deliverables:
o CEQA documentation and permits
o Draft and final bid documents, award of contract(s), notice to proceed o Project management, field inspections, and periodic reporting
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- City Deliverables:
o Review comments to draft bid documents
o Granting of right of way documents and/or encroachment permits for City property as necessary for exploratory drilling
- Milestones:
o The Steering Committee will review bids and select a contractor for recommendation to Zone 7’s Board of Directors, prior toZone 7 issuing a Notice to Proceed.
− Technical Feasibility: As the lead agency, Zone 7 will procure and enter into agreement with one or more consultants to support a feasibility analysis for the Project and to provide recommendations to Zone 7 and City prior to proceeding with Phase II. Step 1 of that feasibility analysis will include review of exploratory test drilling findings to assess whether water yield and quality is suitable for the Project. Step 2 will include preparing a basis of design report that includes recommended infrastructure improvements, corresponding capital and O&M cost estimates, and implementation requirements and schedule. The basis of design report will also evaluate and recommend future spacing needs at Hopyard Treatment Facility in the event additional treatment technologies are needed for future regulations. The City will assist by participating in the consultant selection process, attending workshops, and providing technical input during the course of the work. The City, at its discretion, may engage third party reviewers at its sole cost, to review the technical work and support the City’s concurrence and approval of the feasibility analysis.
- Zone 7 Deliverables:
o Draft and Final Consultant Request for Qualifications/Proposals (RFQ/P) o Draft and Final Consultant Agreement
- City Deliverables:
o Review comments to Draft Consultant RFQ/P
o Review comments to Draft Consultant Agreement
- Consultant Deliverables
o Draft and Final Exploratory Test Drilling Findings TM o Draft and Final Basis of Design Report
- Zone 7 and City Combined Deliverables
o Review comments to Draft Exploratory Test Drilling Findings TM o Review comments to Draft Basis of Design Report
- Milestones:
o Selected consultant and negotiated agreement will be approved by Steering Committee prior to being recommended to the Zone 7 Board of Directors action for final approval of the agreement.
o City and Zone 7 will provide written comments on, and confirm written acceptance of, Test Drillings Findings TM and Draft Basis of Design Report before finalizing
4141352.1 5
the reports and proceeding to Phase II.
− Environmental Review Strategy: Zone 7 will serve as the lead agency under CEQA for the feasibility study (Phase I). In that role, Zone 7 will conduct preliminary assessment of environmental compliance need for potential project alternatives for future phases. For future phase II and III, since both parties may be looking to fund portions of the Project through the Drinking Water State Revolving Fund (DWSRF), compliance with the National Environmental Policy Act (NEPA) may also be required, and parties will consider developing environmental compliance strategy in the future phases.
− Zone 7 Deliverables:
o Preliminary assessment of environmental compliance need for potential project alternatives for future phases
− City Deliverables:
o Review comments to the preliminary assessment
− Draft Terms Sheet for Phase II and III: Zone 7 and the City will negotiate a Draft Terms Sheet for performing Phase II and III of the Project. The draft terms will be based on the findings of the technical feasibility review and include draft terms for the following items:
1) Scope of work and deliverables for Zone 7 as lead agency and City as supporting agency. 2) Cost sharing and payment for design and construction of groundwater facilities (currently envisioned to be proportional to facility capacity rights) 3) Cost sharing and payment for O&M of groundwater facilities (currently envisioned to be based on actual O&M costs)
4) Zone 7 guarantees and costs for supplying City GPQ until Phase II is complete and Phase III begins.
5) Land right grants to construct and operate new groundwater facilities. 6) Groundwater facilities ownership.
7) Groundwater facilities capacity rights (annual and maximum day) and ability for expansion by either party.
8) Delivery schedule of City GPQ and ability for City to go below or above GPQ on an annual basis as defined in the future operations agreement. 9) Addition of treatment technology if required to meet future water quality regulations. 10) Liability
11) Other draft terms deemed necessary by either party. − The following outlines activities by each party during Phase I that will occur outside the scope of this agreement and be the sole responsibility of each party including all associated costs and liability, except where noted:
1) Zone 7 Groundwater Modeling: Zone 7 is the Groundwater Sustainability Agency for the Livermore Valley Groundwater Basin. Upon completion of the exploratory test drilling activities under this agreement, Zone 7 will utilize its groundwater model to determine the
4141352.1 6
impacts, if any, to the sustainability of the groundwater basin from implementation of the Project. The results of this groundwater modeling will be factored into the technical feasibility review performed under this agreement.
2) City Distribution Modeling: As part of the Project concept, the Parties anticipate that the City’s GPQ will be delivered by Zone 7 to the City through City turnouts. Since the City’s GPQ currently is introduced directly into the distribution system through its wells, the Project will result in higher flowrates through City turnouts and Zone 7’s transmission system. The City will perform hydraulic modeling of its distribution system to determine required turnout and distribution system improvements and costs because of this Project.
To perform this modeling, Zone 7 will assist and provide pressure assumptions at each turnout. The City will utilize the results of this modeling to help determine the feasibility of the Project.
− Based on the results of the scope of work from Phase I, both parties will make a recommendation on project feasibility. If both parties determine the Project to be feasible, the parties will work in good faith to reach an agreement to proceed into Phase II and III, said agreement will need to be authorized by the respective governing bodies prior to proceeding.
If the parties cannot reach an agreement to proceed into Phase II and III, both parties will have equal rights to the work product produced by the contractor/ consultant in Phase I of the Project, and to proceed with completing subsequent phases of the Project unilaterally.
3. Cost-sharing:
Zone 7 and the City shall share the cost of Phase I equally (50/50 cost sharing) for the contractor / consultant agreements that include the following with a not-to-exceed (NTE) limit of one million
dollars for each of the Parties and for a total of two million dollars for the total cost of Phase I:
A. Contractor(s) agreement to perform exploratory test drilling B. Consultant(s) agreement to perform technical feasibility review C. Agreements A, and B, shall include the terms set forth in the attached Exhibit A, attached hereto and incorporated herein.
Agreements with consultants and contractors listed above will require authorization by Zone 7’s Board of Directors. The City Council delegates authority for Zone 7 to enter into agreements with consultants and contractors listed herein only after approval by the Steering Committee, which shall be confirmed in writing by the City’s Director of Public Works.
Zone 7 will immediately notify and seek City’s concurrence for claim notices by contractors and consultants. Any consultant / contractor agreements, change orders, or amendments that exceed the not-to-exceed limit of this agreement require approval by both governing bodies prior to execution and a written amendment to this agreement
Each agency will contribute its own staff time and resources for tasks and activities that are self- performed including but not limited to:
A. Zone 7 – Project management, construction management, contractor/consultant management, reports review and analysis, preparation of recommendations to the Steering Committee and Board of Directors, and any work necessary to deliver Phase I of the Project.
B. City – Community engagement, report review and analysis, encroachment permits, granting of rights of way, and any support work necessary to deliver Phase I of the Project.
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4. Invoicing/ Reimbursement:
Zone 7 will invoice the City on a quarterly basis the City’s cost sharing amount for the direct costs of contractor and consulting services for the previous three months. Along with the invoice, Zone 7 will provide a schedule update and budget summary broken down by agreement that includes budget, expenses to date, percent expenditures, and estimated percent complete. Zone 7 will notify the City and provide a justification for payment when the invoiced amount exceeds the estimated percent complete.
The City shall reimburse Zone 7 within sixty (60) days from the date of the invoice. After 60 days, the invoice shall become past due and shall accrue interest at a rate of 10 percent per annum.
5. Decision-making Process:
The following outlines the decision-making process for Phase I of the Project:
A. Governing Bodies:
The Zone 7 Board of Directors and the City Council are the governing bodies for their respective parties. Key decisions, including amendments to this agreement, and approvals of any contracts to which that entity is a party, will require approvals from the governing bodies.
B. Steering Committee:
The Steering Committee will consider recommendations and give direction as needed to the project team, resolve any conflicts or disputes, and seek approvals from the governing bodies as appropriate. The Steering Committee will consist of the following members:
- City: City Manager and Director of Public Works
- Zone 7: General Manager, Water Resources Manager, and staff
The Project Leads are designated representatives for the City and Zone 7 responsible as points of contact on matters related to this agreement. Project Leads are responsible for issuing approvals of draft documents, subject to feedback from the Steering Committee, and for confirming their assigned entity’s acceptance, comments, or other positions on questions submitted to the Steering Committee. Unless separately designated by the Parties, the Project Lead for the City will be the Director of Public Works, and the Project Lead for Zone 7 will be the Water Resources Manager.
C. Project Team:
The Project Team will consist of the project manager from each agency and assisting staff from Zone 7 and the City. The Project Team is responsible for developing the Project, implementing approved tasks, and managing consultant teams. The Project Team will meet periodically as necessary. Zone 7 staff will conduct the meetings and provide updates on project activities, schedule, and budget. The Project Team will also meet with the Steering Committee as needed for milestones to provide project updates and recommendations on key issues.
D. Public/Interested Parties:
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Members of the public and interested parties can participate in public meetings and workshops to provide input and comments. Any external communications on the Project will be developed and approved by both parties prior to release. Zone 7 will communicate with the Tri-Valley retail agencies about the regional project.
6. Project Schedule:
Zone 7 will develop an initial project schedule for purposes of monitoring activities versus the Phase I target completion date of Spring 2025. The schedule will include the scope of work elements, deliverables, and milestones described in this agreement. The City will provide review comments to the initial schedule for incorporation by Zone 7.
Zone 7 will provide schedule status updates at project team meeting, Steering Committee meetings, and Governing Body meetings.
If significant changes to sequencing or durations occurs, the project team will provide an update to the initial project schedule. If schedule adjustments go beyond the target completion date of Spring 2025, review will be required by the Steering Committee.
7. Record Retention:
Both Zone 7 and the City have equal access and rights to the work product provided by the contractor / consultant for Phase I. Upon request, the City will be provided with a complete copy of the project files.
8. Term and Termination:
This Agreement shall be effective on the date of execution and shall be effective until December 31, 2025, however, if a claim arising under, or with respect to, the terms of this Agreement has not been resolved when this Agreement terminates, or if such a claim is brought after this Agreement has terminated but within the period of time for brining such a claim under California law, the provisions of Sections 11 and 12 shall continue in full force and effect for such additional period of time as is necessary to resolve such claim and to satisfy the rights and obligations of the Parties hereto with respect to it pursuant to such Sections.
The parties may mutually agree to extend the term per amendment as described in Section 9 herein.
Either party may terminate this Agreement upon thirty (30) days written notice to the other party. If the Agreement is so terminated, each party shall pay its share for the work either; 1.) actually completed and/or 2.) under contract at the time the notice of termination is received.
9. Amendments:
Any amendment, modification, or cancellation of this Agreement must be in writing and signed by the General Manager of Zone 7 and the City Manager of the City.
10. Notice:
Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered by U.S. Mail, with a courtesy copy provided by e-mail. Such notices shall be addressed by follows:
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If to Zone 7: General Manager
Zone 7 Water Agency
100 North Canyons Parkway
Livermore, CA 94551
If to City: City Manager
City of Pleasanton
P.O. Box 520
Pleasanton, CA 94566
11. No Warranties; Discretion Preserved:
The scope of this agreement includes cost sharing and coordination principles in order to obtain an initial feasibility analysis for the proposed Project. Neither Party has made a commitment to pursue the Project, or to expend additional funds in pursuit of the Project. Each Party and its governing board shall be responsible for exercising its own discretion in the evaluation of final work product and recommendations, and each Party shall make an independent determination regarding whether to proceed with future Phases.
12. Indemnification:
Zone 7 shall defend, indemnify, and hold harmless City and its officials, officers, and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, active or passive negligence or wrongful acts of Zone 7 occurring under this Agreement.
City shall defend, indemnify, and hold harmless Zone 7 and its officials, officers, and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, active or passive negligence or wrongful acts of City occurring under this Agreement.
13. Third Party Claim:
In the event of any third party claim relating to this Agreement, the Steering Committee and Governing Boards shall determine how to proceed, however, it is agreed in the event a defense is needed, both parties will share the costs equally. Both parties acknowledge these costs may exceed the cost share limits described in Section 3, and acknowledge that in the event of a claim, the cost share limits shall not apply in regard to resolving the claim.
14. Applicable Law and Venue:
The laws of the State of California shall govern the interpretation and enforcement of this Agreement, and venue shall be the Alameda County Superior Court.
15. Electronic Signatures:
All parties consent to using DocuSign for this agreement.
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16. Entire Agreement:
This Agreement and its Exhibits constitute the entire understanding and agreement of the Parties.
This Agreement and its Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, and constitute the entire understanding of the parties with respect to the subject matter hereof; and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement.
17. Severability:
If any provision of this Agreement is determined by a court of competent jurisdiction to be void or unenforceable, that provision shall not affect any other provision of this Agreement or its application to any other person or circumstance. The Parties shall reform this Agreement to the maximum extent legally permissible so as to effectuate the purpose and intent of this Agreement, and the balance of this Agreement shall be unaffected.
18. SGMA/ Water Rights:
As mentioned herein, Zone 7 is the exclusive Groundwater Sustainability Agency (GSA) for the Livermore Valley Groundwater Subbasin. Nothing in this agreement shall limit Zone 7’s future groundwater management actions or its ability to take future actions under SGMA which may impact the proposed Project, including but not limited to curtailing or suspending future pumping from the Project and/or imposition of fees.
Moreover, nothing in this agreement shall be construed as conveying any form of water right whatsoever, or any guarantee of a GPQ to the City. The GPQ shall continue to be determined outside of this agreement.
CITY OF PLEASANTON ALAMEDA COUNTY FLOOD CONTROL &
WATER CONSERVATION DISTRICT, ZONE 7
_____________________________ _____________________________ Gerry Beaudin, City Manager Valerie Pryor, General Manager
ATTEST:
_____________________________
Jocelyn Kwong, City Clerk
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APPROVED AS TO FORM:
_____________________________
Dan Sodergren, City Attorney
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Exhibit A
Zone 7’s agreements with contractor(s) and consultant(s) described in Section 3 of this Agreement for Phase I work shall include:
1. Provision requiring that all contractor(s) and consultant(s) shall hold harmless, indemnify, and defend the City of Pleasanton, its officers, and employees to the same extent and degree as such indemnification is provided to Zone 7.
2. Provision requiring contractor(s) and consultant(s) to provide insurance naming the City of Pleasanton as an additional insured to the same degree and in the same amounts as provided to Zone 7.
3. Provision requiring contractor(s) and consultant(s) to agree that any work product prepared for activities on City-owned property is assignable to the City without additional cost.
4. Provision prohibiting contractor(s) and consultant(s) from placing any liens on City-owned property.
Item #15
CITY COUNCIL AGENDA REPORT
June 18, 2024
Public Works - Operations Division
TITLE: APPROVE THREE-YEAR TRASH COLLECTION MAINTENANCE SERVICES AGREEMENT WITH UNIVERSAL SITE SERVICES, INC., IN THE NOT-TO- EXCEED CONTRACT AMOUNT OF $527,048 WITH THE OPTION TO EXTEND
TWO ADDITIONAL ONE-YEAR EXTENSIONS
SUMMARY
The City has a total of 485 exterior trash receptacles throughout City parks, trails, and facility landscapes. These receptacles are emptied once to twice per week, depending on location, by a contractor under an agreement that is set to expire on June 30, 2024. A Request for Bids (RFB) was formally advertised in May 2024 for a new service agreement; five bids were received for this project on May 24, 2024. The lowest responsive bid, provided by Universal Site Services, Inc., was found to be qualified to perform the required services. Staff is recommending approval of a three-year agreement with Universal Site Services, Inc. from July 1, 2024, to June 30, 2027, in the amount of $527,048, inclusive of a 15 percent contingency per year. If the City is satisfied with the contractor’s performance, an option is provided in the agreement for two additional one-year extensions.
RECOMMENDATION
Authorize the City Manager to issue a three-year trash collection maintenance services agreement to the lowest responsive and responsible bidder, Universal Site Services, Inc., in the not-to-exceed amount of $527,048 and authorize the City Manager to exercise optional two additional one-year contract extensions upon satisfactory performance at the end of the three- year term contract.
BACKGROUND
The City has 485 exterior trash and recyclable receptacles throughout City parks, trails, and facility landscapes. Most of these receptacles are emptied once per week. However, the following parks and facilities receive service twice per week: Alviso Adobe Community, Amador Valley Community, BMX, Bernal Community, Creekside, Cubby’s Dog Park, Del Prado, Delucchi, Ken Mercer Phase I, V, and Softball Complex, Lions Wayside, Mission Hills, Muirwood Community, Moller, Nielsen, Orloff, Owens Plaza, Pleasanton Tennis and Community, and Val Vista Community Parks. The receptacles at the library entrance are emptied daily, Monday through Friday.
As the current contract for services expires on June 30, 2024, an RFB was formally advertised in May 2024 for a new agreement for services. Five bids were received for this contract on May 24, 2024. The bids are summarized below.
Company Bid Results With 15%
Contingency
Universal Site Services, Inc. $ 458,303 $ 527,048 Terra Landscape $ 554,840 $ 638,066
Imperial Maintenance Services, Inc. $ 560,976 $ 645,122 Rubicon Landscape $ 692,277 $ 796,119
New Image Landscape Company $ 917,601 $ 1,055,241
The lowest responsive bid, provided by Universal Site Services, Inc., was found to be qualified to perform the required services. The scope of work supplied to Universal Site Services, Inc. is detailed in Exhibit A of the Agreement for Maintenance Services.
DISCUSSION
The proposed agreement would provide routine trash collection services at City properties for the duration of three years. The contractor bid a base fee for the complete annual service based on a schedule provided by the City. In addition, the contractor provided a “per receptacle” service fee for any extra requested service that might occur during the contract period.
Park usage, and therefore garbage generated, has increased substantially since the onset of the COVID-19 pandemic as people recreated more outdoors. The service level in this contract is designed to accommodate current park and trail use levels. The City requires special events programs to provide and pay for any additional trash collection needs created by their program that exceed the capacity of the existing service. In addition, groups operating food concessions in parks are responsible for additional dumping service for receptacles within 100 feet of the concession as needed.
Contracting out this routine maintenance work allows Parks Division staff to concentrate on higher-skilled maintenance activities such as irrigation system inspections and repairs, pruning, field renovations, and planting. The proposed agreement is for three years, from July 1, 2024, to June 30, 2027. If the City is satisfied with the contractor’s performance during this period, an option is provided in the agreement for two additional one-year extensions. The proposed agreement with Universal Site Services, Inc. is for a not-to-exceed amount of $527,048, inclusive of a 15 percent contingency per year for unforeseen circumstances and related extra services as determined to be necessary by the City. The City may terminate the Agreement at any time by mailing a notice to the Contractor per Section 9.a. of the Agreement if reduced service levels are needed in the future.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
Approval of this action advances the Citywide ONE Pleasanton strategic plan goal of Investing in Our Environment, Strategy 7 – Continue to invest in parks, bicycle, and pedestrian
infrastructure, and public art to improve traffic safety, promote climate resilience, and increase equitable access to cultural and recreational opportunities. Continuing to routinely empty the trash receptacles in our parks, trails, and facility landscapes decreases the amount of litter that will enter the environment and waterways and ensures the public spaces are clean and safe.
FISCAL IMPACT
Funding for the agreement is allocated in the Parks Maintenance Division Operating Budget (00140400-420101). The proposed agreement with Universal Site Services, Inc. is for a not-to- exceed amount of $527,048. This amount includes a 15 percent contingency per year for unforeseen circumstances and related extra services as determined to be necessary by the City.
Prepared by: Submitted by: Approved by:
Giacomo Damonte, Parks
Division Manager
Siew-Chin Yeong, Director of Public
Works
Gerry Beaudin, City
Manager
Attachments:
1. Universal Site Services, Inc. Maintenance and Trade Services Agreement
AGREEMENT FOR SERVICES
TRASH COLLECTION SERVICES
RFB PWD 24.304
THIS AGREEMENT is made and entered into this First day of July 2024 between Universal Site Services, Inc. ("Contractor"), a California Corporation, whose address is 760 E. Capitol Avenue, Milpitas, CA 95035 and the CITY OF PLEASANTON, a municipal corporation ("City").
In consideration of the mutual promises set forth in this Agreement, the parties agree as follows:
1. Term. The term of this Agreement commences on the date written above and will expire three years from that date. The parties may extend this Agreement, by Amendment, for additional two (2), one-year terms, not to exceed five years for the total Agreement. If extended by Amendment, the cost of each one -year term may increase only by the change in the consumer price index for the San Francisco- Oakland-San Jose Metropolitan Area (all items index; all urban consumers) for the twelve (12) month period ending in May each year as published by the Bureau of Labor Statistics, U.S. Department of Labor.
2. Services to be Performed. Contractor shall perform, or cause to be performed, the work of Trash Collection Services as further described in Exhibit A and Exhibit B.
3. Compensation. Total compensation under this Agreement for all work of this Agreement shall not exceed $527,048, of which, the total for each year shall not exceed $168,839 for the first year, $175,593, for the second year, and $182,616 for the third year. City shall pay Contractor for all work performed based o n the bid proposa l, from RFB PWD 24.304, in Exhibit B. Each year includes a 15% contingency for unforeseen circumstances and related extra services as determined to be necessary by the City. Payment of such contingency funds is not guaranteed to Contractor unless the City requests in writing such extra services.
4. Method of Payment. Payment shall occur upon completion of work, acceptance by City staff, and submission by Contractor of a request for payment. Requests submitted promptly as of the 20th day of each month will be paid by the 10th day of the following month.
5. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents, and employees (“Indemnities”), against any and all claims, costs, demands, causes of action, suits, losses, expenses, attorney’s fees, or liability, arising from or in any manner related to Contractor’s (includes Contractor’s employees, agents, or subcontractors) negligent act or omission, whether alleged or actual, regarding the work or services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnities from claims arising from the sole negligence or willful misconduct of Indemnities . This indemnification includes any claim that the materials or equipment provided under this Agreement, or any tool, article , or process used, constitutes an infringement of any patent issued by the United States. This indemnification provision shall survive termination or cancellation of the Agreement.
6. Insurance. During the term of this Agreement, Contractor shall maintain at its own cost and expense the following insurance coverage with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies:
a. General Liability and Bodily Injury Insurance. C ommercial general liability insurance with limits of at least $ 2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees. and agents are named additional insured’s under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney.
The policy shall further state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Contractor and its subcontractors, and that no other insurance effected by City or other named insured will be called on to cover a loss.
b. Automobile Liability Insurance. Automobile liability insurance with limits not less than $2,000,000 per person/per occurrence.
c. Workers' Compensation Insurance. Workers' Compensation Insurance for all of Contractor's employees shall be in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000.
For work or services deemed public works, by signing this Agreement, Contractor is certifying, pursuant to Section 1861 of the California Labor Code, that: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions befor e commencing the performance of the work of this Contract."
d. Certificate of Insurance. Contractor shall file a certificate of insurance with the City prior to the City’s execution of this Agreement, and prior to engaging in any operation or activity set forth in this Agreement. The Certificate of Insurance shall provide in writing that the insurance afforded by this Certificate shall not be suspended, voided, canceled, reduced in coverage or in limits without providing notice to the City in accordance with California Insurance Code section 677.2, which requires the notice of cancellation to: 1) include the effective date of the cancellation; 2) include the reasons for the cancellation; and 3) be given at least 30 days prior to the effective date of the cancellation, except that in the case of cancellation for nonpayment of premiums or for fraud, the notice shall be given no less than 10 days prior to the effective date of the cancellation . Notice shall be sent by certified mail, return receipt requested. In addition, the insured shall provide thirty (30) days prior written notice to the City of any cancellation, suspension, reduction of coverage or in limits, or voiding of the insurance coverage required by this agreement. The City reserves the right to require complete certified copies of policies.
e. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming additional insureds.
f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees, and agents.
g. Defense Costs. Coverage shall be provided on a “pay on behalf of” basis, with defense costs payable in addition to policy limits. There shall be no cross-liability exclusions.
7. Independent Contractor. The Contractor is an independent contractor retained by the City. All personnel employed by the Contractor, including subcontractors, and personnel of subcontractors, are not and shall not be employees of the City.
8. Contractor’s Warranty. Contractor shall bear the risk of loss or damage to any goods associated with the services until delivered to and accepted by City. Contractor further warrants that all work done and goods provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects in design, material , and workmanship; and 3) shall be fit for the purposes intended. If any defects occur within the 12 months following acceptance, Contractor shall be solely responsible for the correction of those defects.
8. Notices. All notices, demands, requests , or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
To Contractor: Universal Site Services, Inc. To City: City Manager 760 E. Capitol Avenue City of Pleasanton
Milpitas, CA 95035 P.O. Box 520
Pleasanton, CA 94566
9. Miscellaneous Provisions.
a. City may terminate this Agreement at any time , including failure to adhere to OSHA Safety Requirements, by mailing a notice to Contractor. Contractor shall be paid for that portion of work or services already completed by Contractor as approved by City. b. Contractor acknowledges that time is of the essence regarding the performance of this Agreement.
c. Contractor shall not assign or transfer this Agreement. d. If either City or Contractor waives a breach of this Agreement, such waiver shall not constitute a waiver of other or succeeding breaches of this Agreement. e. This Agreement constitutes the entire understanding of the parties. f. This Agreement may only be modified by a writing signed by the authorized representative of both parties.
g. Contractor covenants that it has obtained and will keep in effect during the term of the Agreement all certificates, licenses, including a City Business License, permits , or the like
required by any federal, state , or local regulatory agency in order to perform the work under this Agreement.
h. Contractor shall comply with all federal, state, and local laws, regulations, and rules, including but not limited to applicable safety and environmental laws. Contractor shall bear full and exclusive responsibility for any release of hazardous or non-hazardous substances and disposal of hazardous wastes.
i. The Contractor will permit the City to audit, examine , and make copies of all contracts, invoices, payrolls, and other documents or data relating to this Agreement. Such records shall be maintained for three years from the date of final payment under this Agreement. j. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E -Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. k. This Agreement shall be governed by the laws of the State of California, with venue for any action under this Agreement in Alameda County, California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.
CITY OF PLEASANTON CONTRACTOR
_____________________________ By: __________________________ Gerry Beaudin, City Manager Signature
__________________________
Print name
ATTEST: Title: __________________________
____________________________ [If Contractor is a corporation, signatures must Jocelyn Kwong, City Clerk comply with California Corporations Code §313]
APPROVED AS TO FORM: _____________________________
Signature
__________________________ __________________________
Dan Sodergren, City Attorney Print name
Title: __________________________
EXHIBIT A – TRASH COLLECTION SERVICES
SCOPE OF SERVICES – RFB 24.302
Contractor to provide trash collection services at various parks and trails located throughout Pleasanton.
Reline trash receptacles with a new liner and haul trash to Pleasanton Garbage Services.
City Project Manager - Project Manager will be the Parks Division Manager or their Designee.
Supervision and Management - Respond to questions and resolve problems as they arise.
General Scope - Contractor shall diligently collect all waste in trash receptacles, reline receptacles with a new plastic liner and haul trash off site to Pleasanton Garbage (3110 Busch Rd. Pleasanton). During peak park use season between March and November a dumpster may be provided by the City at Ken Mercer Sports Park (5800 Parkside Dr.) and/or Bernal Community Park (7001 Pleasanton Ave.) for the contractor to offload collected trash.
Included - Such services shall include providing labor, equipment, supplies, and transportation for such workforce, and the necessary means of hauling trash to the designated site from the City park and trail locations described in Exhibit B - Schedule A Weekday Service Locations. Exhibit B also includes information regarding the number of trash receptacles to be serviced and the frequency of service Monday through Friday.
Schedule during the Week - Contractor shall perform services on the days of Monday through Friday, as shown in the attached Exhibit B – Schedule A Weekday Service Locations and corresponding Attachment II – Schedule A Location Map. Minor schedule changes will be considered on a case-by- case basis, depending on park usage. Work hours shall be between sunrise and 4:00 pm unless prior notice is given to, and approved by, the Parks Division Manager.
Holidays – During weeks in which there is a holiday, Contractor shall perform all work at all sites during the remaining workdays of that week. If a holiday should fall on a Monday, then work at all sites that are serviced twice weekly shall be performed on the immediate Tuesday following the holiday. If a holiday should fall on a Friday, work at all sites serviced twice weekly shall be performed on the preceding Thursday.
Trash volumes - vary from month-to-month depending upon the seasonal recreational activities taking place within the park system. In general, the largest trash volumes are generated from March through November, with December through February being the low-volume months. Regardless, all trash receptacles are to be visually inspected, and the liners changed at least once a week throughout the year.
Product - Liners are to be Waxie Liners, #703085, minimum of 2 mil thickness for the 40-45-gallon size trash receptacles, and Waxie Liners, Clear #709337, minimum of 1.25 Mil. for the 55-gallon size tote trash receptacles.
• Both liners are available from Waxie Sanitary Supply in Livermore. Comparable liners will be considered, if approved in advance by the Parks Division Manager.
• Contractor shall supply a list of all designated employees that will be providing trash collection and dumping to the Parks Division Manager.
Control, Supervision and Approval Authority - Unless otherwise provided by specific provisions, contractor's operations and activities pursuant to any contract resulting from this RFB shall be under the control and supervision of the Parks Division Manager.
Whenever, under the provisions of any contract resulting from this RFB, the contractor is prohibited from conducting work unless contractor first obtains the approval or consent of the City, such approval and consent must be obtained from the Parks Division Manager.
Supervision, Inspection, and Contract Compliance - Contractor must provide for adequate supervision and inspection of all work performed to ensure that each requirement of these specifications is consistently met.
• A fully qualified supervisor representing the contractor shall be readily available to meet with the Parks Division Manager as needed for the purpose of correcting problems, conflicts, and coordinating work schedules.
• Inspection by the Parks Division Manager shall be made during normal City operating hours unless otherwise arranged.
• The progress and standard of quality of work to be accomplished shall be to the degree reasonably acceptable to the Parks Division Manager. In the event the Parks Division Manager determines contractor's work is unsatisfactory, contractor will be required to perform the additional work at no cost to the City. Missed locations/parks, individual receptacles, or service days will be addressed the following day. If such an occurrence happens on a Friday, then the work shall be completed on Saturday at no additional cost to the City.
• The City will periodically inspect the work to assist in ensuring the work meets City's standards. The Parks Division Manager will be available during regularly scheduled hours to discuss and resolve any concerns of the contractor.
Trash Dumping/Hauling - Dump fees for trash and recyclables that are part of this contract will be billed directly to the City of Pleasanton by Pleasanton Garbage Service and are NOT the responsibility of the Contractor.
The Contractor will be required to retain all Pleasanton Garbage Service receipts and submit them at the end of each month to:
ZeeLaura Page or designee
Management Analyst, City Manager’s Office
[email protected]
Cleanup - Before Contractor leaves each site, no trash shall remain near receptacle.
Updates - On a schedule to be determined by the Parks Division Manager, provide updates on all current and future activities to the Parks Division Manager.
Damages - All damages to landscaping, sprinklers, irrigation systems, hardscape, fencing (private or public), plants, planters, trash receptacles, bollards, or other components shall be reported by contractor to the City and will be repaired by the City and billed to the contractor.
Vehicle Access - Vehicle access will be permitted at each location under the following conditions:
• Vehicle access is limited to the sidewalk. At no time shall the Contractor drive vehicles on the turf, basketball courts, or other landscaped or hardscaped area(s). • At park locations where sidewalk access is permitted, the Contractor will be required to temporarily remove a bollard for access. Upon leaving each park site , the Contractor shall replace all bollards that they have moved.
• At times, the Contractor may be required to walk to the receptacle and carry trash bags back to their vehicle.
• The Contractor must drive slowly and carefully while performing collection and yield to park users.
Identification - Contractor’s crews shall be identified at all times either by a Company uniform, or by a safety vest worn outside other clothing with the Company name clearly displayed. Vehicles will have a Company sign clearly displayed.
Travel Time - The City will NOT pay travel time. Any Contractor desiring to cover these costs will need to incorporate them into the applicable hourly rates.
Safety - All OSHA Safety Requirements must be adhered to by the Contractor and/or any subcontractors while on-site.
Park / Site Name Street Name # Cans M T W TH F
Creekside Park 5665 West Las Positas Blvd 9 9 9
Century House/Bicenternnial Park 2401 Santa Rita Road 3 3 Orloff Park 1800 Santa Rita Road 7 7 7
Owens Plaza Park 5700 Owens Drive 7 7 7
Harding Park 5801 Gibraltar Drive 3 3
Fairlands Park 4100 Churchill Drive 6 6
Meadows Park 3201 West Las Positas Blvd 4 4
Sutter Gate Park 4801 Sutter Gate Drive 2 2
Nielson Park 3755 Stoneridge Drive 4 4 4
Amaral Park 3400 Dennis Drive 5 5
Stoneridge Creek Park 3200 Stoneridge Creek Way 2 2
OSC - Fire Training Center 3333 Busch Road 1 1
Park / Site Name Street Name # Cans M T W TH F
Sports Park Softball Complex 5800 Parkside Drive 16 16 16 Pleasanton Sports & Rec. Phase IV 5800 Parkside Drive 20 20 Pleasanton Sports & Rec. Phase I 5800 Parkside Drive 15 15 15 Pleasanton Sports & Rec. Phase II 5800 Parkside Drive 11 11 Pleasanton Sports & Rec. Phase III 5800 Parkside Drive 30 30 Pleasanton Sports & Rec. Phase V 5800 Parkside Drive 17 17 17 Woodthrush Park 5099 Blackbird Way 2 2
Pleasanton Tennis Community Park 5801 Valley Avenue 27 27 27 Park / Site Name Street Name # Cans M T W TH F
Amador Valley Community Park 4301 Black Avenue 22 22 22 Del Prado Park 6701 Hansen Drive 6 6 6
Hansen Park 5697 Black Avenue 6 6
Harvest Park 1401 Harvest Road 2 2
Heatherlark Tot Park 5700 Northway Road 1 1
Walnut Grove Park 5150 Northway Road 3 3
Valley Trails Park 3400 National Park Drive 7 7
Fawn Hills Park 1510 West Lagoon Road 5 5
Cubby's Dog Park 3200 West Lagoon Road 7 7 7
SCHEDULE A
SERVICE LOCATIONS
Area 1
Area 2
Area 3
20 2
7 14
Waste receptacles - Locations and Service Days
Waste receptacles - Locations and Service Days
32 30
1 11
30 34
2 54
5 44
12 6
2 3
Dumps per week
Dumps per week
Dumps per week
Waste Receptacles - Locations and Service Days
18 3
14 14
3 6
4 2
8 1
5
Park / Site Name Street Name # Cans M T W TH F
Val Vista Park - Section 1 7350 Johnson Drive 7 7 7
Val Vista Park - Section 2 7350 Johnson Drive 15 15 15
Val Vista Park - Section 3 7350 Johnson Drive 29 29 29
Meadowlark Park 8200 Regency Drive 5 5
Moller Park 5500 Pleasant Hill Road 8 8 8
Muirwood Park 4701 Muirwood Drive 14 14 14
Oakhill Park 4100 Muirwood Drive 3 3
Laurel Creek Park 5875 Laurel Creek Drive 2 2
The Preserve Staging Area 5850 Laurel Creek Drive 2 2
Alviso Adobe Park 3465 Foothill Road 4 4 4
Park / Site Name Street Name # Cans M T W TH F
Bernal Community Park 7001 Pleasanton Avenue 7 7 7
Bernal Community Park Phase II 7001 Pleasanton Avenue 26 26 26 Lions Wayside Park 4401 First Street 5 5 5
Delucci Park 4501 First Street 3 3 3
City Hall / Library Parking Lot 200 Old Bernal 4 4 4
City Hall 123 Main Street 2 2
City Library 400 Old Bernal 2 2 2 2 2 2
Civic Park 100 Main Street 2 2
Mckinley Park 519 Kottinger Drive 1 1
Kottinger Park & Memorial 1000 Kottinger Drive 8 8
Kottinger Village Park 4100 Vineyard Avenue 4 4
Tawny Park 400 Tawny Drive 4 4
Vintage Hills 3301 Arbor Drive 5 5
Firehouse Arts Center 4444 Railroad Avenue 4 4
Mission Hills Park 600 Junipero Street 10 10 10
Pleasanton Elem. Upper Field 4645 Bernal Avenue 9 9
Senior Center/Centennial Park 5353 Sunol Blvd 9 9
BMX Park 3320 Stanley Blvd 4 4 4
Pleas. Memorial Gardens Cemetery 5780 Sunol Blvd 6 6
Veterans Plaza Park 550 Peters Street 4 4
Rotary Park 890 Main Street c/o Main St and Vervais Ave 1 1 4 4
5 4
8 Area 4
Area 5
30 Waste receptacles - Locations and Service Days
Waste receptacles - Locations and Service Days
1 16
8 20
1 58
2 8
10 14
4 14
5 52
28 3
2 2
10 6
2 8
6 9
9 Dumps per week
Dumps per week
Park / Site Name Street Name # Cans M T W TH F
Hopyard Road - North Valley Trails Hopyard Road near North Valley Trails Drive 1 1 Iron Horse Trail - Mohr Avenue
Iron Horse Trail entrances near Mohr Avenue and
Valley Avenue 2 2
Bernal Creek Observation Deck Valley Ave near Laguna Creek Ln 1 1 Augustine-Bernal Park/Trail Head 8200 Golden Eagle Way 5 5 Arroyo Trail - Corte Monterey Corte Monterey 1 1
Arroyo Trail - Corte de Flores Corte De Flores 1 1
West Las Positas bus stop West Las Positas across street from DMV building 1 1 Park and Ride Pleasanton 7295 Johnson Drive 2 2
Moller Ranch Trail Parking Lot Moller Ranch Drive 1 1
Moller Ranch Trail End of Serenity Terrace 1 1
Haleakala Road Trail Head
Trail entrance at Haleakala Road on South Valley
Trails Drive 1 1
Arroyo del Valle Trail - Hopyard Rd
Intersection at Hopyard Road, Del Valle Parkway,
and Division Street 2 2
Old Vineyard Trail Trail entrance at Silver Oaks Lane 3 3 Arroyo del Valle Trail - Valley Ave
Valley Avenue south of Paseo Santa Cruz near
bridge 2 2
Arroyo del Valle Trail - Harvest Cir Trail entrance on Harvest Circle 1 1 Arroyo del Valle Trail - Vervais Ave
Trail entrance at Rotary Park at corner of Main
Street and Vervais 1 1
Total Cans M T W TH F
485 206 170 45 64 281
Revision date: May. 2024
1 2
1 1
1 CANS SERVICED PER YEAR:
1 1
Area 6, Trails, Misc.
3 2
1 Waste receptacles - Locations and Service Days
39,832
1 2
1 2
1 5
766
TOTALS
Dumps per week
Total Cans Serviced
per Week
Item #16
CITY COUNCIL AGENDA REPORT
June 18, 2024
Public Works
TITLE: ADOPT ORDINANCE NO. 2281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING ORDINANCE NO. 1572 TO UPDATE PLEASANTON MUNICIPAL CODE CHAPTER 9.14 TO CONFORM WITH
OBLIGATIONS SPECIFIED IN THE CITY OF PLEASANTON’S MUNICIPAL
REGIONAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM PERMIT The foregoing Ordinance No. 2281 was introduced at a regular meeting of the City Council on June 4, 2024, by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Abstain: None
Ordinance No. 2281
ORDINANCE NO. 2281
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON AMENDING ORDINANCE NO. 1572 TO UPDATE PLEASANTON MUNICIPAL CODE CHAPTER 9.14 TO CONFORM WITH OBLIGATIONS SPECIFIED IN THE CITY OF PLEASANTON’S MUNICIPAL REGIONAL NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM PERMIT
WHEREAS, in 1991, the Alameda Countywide Clean Water Program was established in response to the San Francisco Bay Regional Water Quality Control Board’s issuance of a National Pollutant Elimination System stormwater discharge permit to the member agencies of the Alameda Countywide Clean Water Program; and
WHEREAS, in 1991, the Alameda Countywide Clean Water Program developed a Model Stormwater Ordinance for its member agencies to provide legal authority to implement stormwater programs consistent with the National Pollutant Elimination System permit; and WHEREAS, the City of Pleasanton is a member agency of the Alameda Countywide Clean Water Program; and
WHEREAS, on July 21, 1992, the City Council adopted Ordinance No. 1572 adding Chapter 9.14 to Title 9, concerning the City’s stormwater management and discharge control program, to the City of Pleasanton’s municipal code; and WHEREAS, on April 19, 2011, Ordinance No. 1572 was amended by Ordinance 2019 Section 1 to allow for administrative citations for stormwater violations; and WHEREAS, on May 22, 2022, the San Francisco Bay Regional Water Quality Control Board reissued a revised version of the National Pollutant Elimination System permit; and WHEREAS, the most recent revised version of the National Pollutant Elimination System permit became effective on July 1, 2022; and
WHEREAS, the City Council wishes to amend Ordinance No. 1572 to update Chapter
9.14 of the Pleasanton Municipal Code to conform with the obligations specified in the most recent revised version of the City’s Municipal Regional National Pollutant Discharge Elimination System permit.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment. Ordinance No. 1572 is amended to update Chapter 9.14 of the City of Pleasanton’s municipal code to conform to obligations specified in the City’s Municipal Regional National Pollutant Discharge Elimination System Permit, the specifics of which are included in Exhibit “A.
SECTION 2. Severability. If any part of this ordinance is declared invalid by a court, such invalidity shall not affect any of the remaining parts.
Ordinance No. 2281
SECTION 3. Publication. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.
SECTION 4. Effective Date. This ordinance shall be effective thirty (30) days after its passage and adoption.
.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on June 4, 2024, and adopted on June 18, 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
______________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. 2281
Exhibit A
Chapter 9.14
STORMWATER MANAGEMENT AND DISCHARGE CONTROL
§ 9.14.010 Purpose and intent.
This chapter shall be known as the "City of Pleasanton Stormwater Management and Discharge Control Ordinance" and may be so cited.
The purpose of this chapter is to ensure the future health, safety and general welfare of Pleasanton citizens by:
A. Eliminating the non-stormwater discharges to the municipal separate storm sewer (hereinafter referred to as MS4).
B. Controlling the discharge to municipal separate storm sewers from spills, dumping or disposal of materials other than stormwater;
C. Reducing pollutants and wastes in stormwater discharges to the maximum extent practicable (MEP);
D. Establishing the City of Pleasanton to comply with the California Regional Water Quality Control Board San Francisco Bay Area Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) permit (hereinafter referred to as the MRP), or amended as revised, NPDES Permit No.
CAS612008, any reissuance thereof, and applicable federal and state regulations.
The MRP is available on the Regional Water Board website at:
https://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/stormwat er/The intent of this ordinance is to protect and enhance the water quality of our watercourses, water bodies, and wetlands in a manner pursuant to and consistent with the Clean Water Act and the California Water Code. § 9.14.020 Compliance with Other Laws
A. The requirements of this chapter are minimum requirements. They do not replace, repeal, abrogate, supersede, or affect any other more stringent requirements, rules, regulations, covenants, standards, or restrictions. Where this chapter imposes requirements that are more protective of human health or the environment than those set forth elsewhere, the provisions of this chapter shall prevail.
B. Approvals and permits granted under this chapter are not waivers of the requirements of any other laws, nor do they indicate compliance with any other laws. Compliance is still required with all applicable federal, state, regional, and local laws and regulations, including rules promulgated under authority of this chapter.
Ordinance No. 2281
(Ord. 1572 § 2, 1992)
§ 9.14.030 Definitions.
A. Any terms defined in the MRP, Federal Clean Water Act, or the California water Code and acts amendatory thereof or supplementary thereto, and/or defined in the regulations for the stormwater discharge permitting program issued by the United States Environmental Protection Agency on November 16, 1990 (as may, from time to time, be amended), as used in this chapter, shall have the same meaning as in that statute or regulations. Specifically, the definition of the following terms included in that statute or regulation are hereby incorporated by reference, as now applicable or as may hereafter be amended:
1. “Applicant” means any Person applying to the City of Pleasanton for permitting or approval of a project.
2. “Authorized enforcement official” for the purposes of this Chapter, means the following City of Pleasanton officials and/or their designees, employed by the City of Pleasanton or working under a contract with the City of Pleasanton: Fire Chief or his or her designee, Public Works Director or his or her designee, City Engineer or his or her designee, and/or Building Official or his or her designee.
3. “Best management practice (BMP)” means structural device, measures, facility, activity, schedules of activities, prohibitions of practices, general good housekeeping practices, pollution-prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to “waters of the United States.” BMPs also include treatment requirements, operating procedures, and practices to control plant-site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.
4. “Biotreatment Soil Media (BSM)” means a soil blend designed to meet the specifications approved by the San Francisco Bay Regional Water Quality Control Board Executive Officer and incorporated into the C.3 Technical Guidance Manual.
5. “C.3 Technical Guidance Manual” means the most recent version of the Alameda Countywide Clean Water Program manual that sets forth guidance, design standards and best management practices for low impact development.
6. “City” means the City of Pleasanton.
7. “Construction activity” means any activity that involves soil disturbing activities including, but not limited to, grubbing, clearing, filling, leveling, building, paving, grading, demolition, and ground disturbances such as stockpiling and excavation unless exempted by the municipal code.
Ordinance No. 2281
8. “Development” or “development project” means construction, rehabilitation, redevelopment, or reconstruction of any public or private residential project (whether single-family, multi-unit, or planned unit development); or industrial, commercial, retail or other nonresidential project, including public agency projects. Development project as defined here and used in this chapter includes redevelopment, which means land-disturbing activity that results in the creation, addition, or replacement of exterior impervious surface area on a site on which some past development has occurred.
9. “Development runoff requirements” means the provisions in the MRP and any additional City of Pleasanton standards that contain performance standards to address both the construction and post-construction phase of new development and redevelopment projects.
10.“Director” means the Public Works Director of the City of Pleasanton, or his or her designee.
11.“Discharge” means: a) Any addition or discharge of any pollutant, waste, or combination of pollutants and waste directly or indirectly to the storm drain system or to Waters of the United States or Waters of the State from any activity or operation, or b) Any addition of any pollutant, waste, or combination of pollutants and waste directly or indirectly to the storm drain system or to the waters of the contiguous zone or the ocean from any activity or operation other than a vessel or other floating craft being used as a means of transportation.
This includes additions of pollutants or waste to Waters of the United States or Waters of the State from: surface runoff which is anthropogenically collected or channeled; discharges through pipes, sewers, or other conveyances, including street surfaces and curb and gutters, owned by a State, municipality, or other Person which do not lead to a treatment facility; and discharges through pipes, sewers, or other conveyances, leading to privately owned treatment works.
12.“Discharger” means a Person or entity who or which, respectively, allows, causes, permits to occur, or performs a discharge. “Discharger” also means the owners of real property on which such activities, operations or facilities are located; provided, however, that a local government or public authority is not a discharger as to activities conducted by others in public rights-of-way.
13.“Front yard” means an open space extending the full width of the lot, between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this title.
14.“Full trash capture” or a “full trash capture system or device” means any device or series of devices that traps all particles retained by a minimum five-millimeter mesh screen and has a design treatment capacity of not less than the peak flow rate resulting from a one-year, one-hour storm in the tributary drainage
Ordinance No. 2281
catchment area.
15.“GPS Coordinates” means a set of unique identifiers of a precise geographic location on the earth, usually expressed in alphanumeric characters as the location’s latitude and longitude values.
16.“Green stormwater infrastructure (GSI)” means infrastructure that uses vegetation, soils, and natural processes to manage water and create healthier urban environments. At the scale of a city or county, green infrastructure refers to the patchwork of natural areas that provides habitat, flood protection, cleaner air, and cleaner water. At the scale of a neighborhood or site, green infrastructure refers to stormwater management systems that mimic nature by soaking up and storing water. As Low Impact Development (LID) practices are often implemented with GSI, these concepts are together referred to as LID/GSI.
17.“Hydromodification” means modification of a stream’s hydrograph, caused in general by increases in flows and durations that result when land is developed (e.g., made more impervious). The effects of the hydromodification include, but are not limited to, increased bed and bank erosion, loss of habitat, increased sediment transportation and deposition, and increased flooding.
18.“Hydromodification management (HM)” means engineered systems designed to minimize changes to the hydrograph (hydromodification) resulting from development by matching the flow durations (long-term temporal patterns of volume and rate) of the pre-project runoff.
19.“Illicit connection” means any device or method that conveys an illicit discharge to an MS4 or receiving water or any conveyance that has not been documented in plans, maps, or equivalent records and approved by the City of Pleasanton.
20.“Illicit discharge” means any discharge to the MS4 that is prohibited under local, state, or federal statutes, ordinances, codes, or regulations. This includes all non- stormwater discharges not composed entirely of stormwater, except discharges allowed pursuant to an NPDES permit (other than the NPDES permit for discharges from the MS4).
21.“Industrial Activity” means any activity that involves manufacturing, processing, or raw materials storage areas. Further definition of activities covered is provided in 40 Code of Federal Regulations Section 122.26(b) and the Statewide Industrial General Permit.
22.“Landscaping” means the planting and maintenance of trees, shrubs, lawns and other evergreen ground cover or material, including inorganic accessory materials utilized to accent or complement the vegetation.
23.“Low impact development (LID)” uses site design and stormwater management
Ordinance No. 2281
to maintain the site’s pre-development runoff rates and volumes. The goal of LID is to mimic a site’s predevelopment hydrology by using design techniques that infiltrate, filter, store, evaporate, detain, and/or biotreat stormwater runoff on or near the site. At the site scale, GSI is a subset of LID. As LID practices are often implemented with GSI, these concepts are referred together as LID/GSI.
24.“Lot” means a piece or parcel of land owned as a single unit in common ownership, occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as are required by this title, and having frontage on and access to an approved and accepted City of Pleasanton street that meets the standards of width and improvements as specified in the regulations of the City of Pleasanton contained in or adopted pursuant to the subdivision title and street improvement chapter as to the section and the frontage of the lot involved, or having frontage on and access to an approved private street.
25.“Maximum extent practicable (MEP)” means a standard for implementation of stormwater management programs to reduce pollutants in stormwater to the maximum extent possible, taking into account equitable considerations and competing facts including, but not limited to, the seriousness of the problem, public health risks, environmental benefits, pollutant removal effectiveness, regulatory compliance, cost and technical feasibility.
26.“Municipal Regional Stormwater NPDES Permit (MRP)” means the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES permit issued to the City of Pleasanton, NPDES Permit No. CAS612008 and any subsequent amendment, reissuance, or successor to this NPDES permit.
27.“Municipal separate storm sewer system (MS4)” means and includes, but is not limited to, those facilities within the City of Pleasanton by which stormwater may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains, which are not part of a publicly owned treatment works (POTW) as defined at 40 Code of Federal Regulations Section 122.2.
28.“Non-stormwater discharge” means any discharge that is not entirely composed of stormwater.
29.“NPDES” means National Pollutant Discharge Elimination System.
30.“NPDES permit” means a NPDES permit issued by the United States Environmental Protection Agency, the State Water Resources Control Board, or a California Regional Water Quality Control Board pursuant to the Clean Water
Ordinance No. 2281
Act and the California Water Code that authorizes discharges to waters of the United States.
31.“Person” means an individual, corporation, partnership, association, State, municipality, commission, or political subdivision of a State, or any interstate body.
32.“Pollutant” means dredged soil, solid waste, incinerator residue, filter backwash, sewage, pet wastes, manure, garbage, sewage sludge, munitions, chemical wastes or byproducts, fuels, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat, wrecked or discarded equipment, sediment, contaminated waste discharged from hot tubs, pools or spas, dumped yard wastes, food related wastes, rock, sand, dirt, and industrial, municipal and agricultural waste discharged into water, or placed in an area or manner such that it could be swept away or carried by stormwater runoff.
33.“Premises” means any building, lot, parcel, real estate, or land or portion of land, whether improved or unimproved, including adjacent sidewalks and parking strips.
34.“Regulated project” means a development project, as defined in MRP Provision C.3. These projects are required to implement LID source control, site design, and LID/GSI stormwater treatment onsite or at a joint stormwater treatment facility, in accordance with the criteria for LID/GSI and numeric sizing for stormwater treatment systems, and may be required to implement hydromodification management as put forth in the MRP.
35.“Responsible person” means the owner, occupant, or entity responsible for any premises, or who engages in any activity, from which there is or may be a non- stormwater discharge or any Person who releases pollutants or waste to the MS4.
36.“Source control” means structural or operational BMPs that are intended to prevent pollutants from coming into contact with stormwater through the physical separation of areas or careful management of activities that are sources of pollutants.
37.“State” means the State of California.
38.“Stormwater” means temporary surface water runoff and drainage generated by immediately preceding storms. This definition shall be interpreted consistent with the definition of “stormwater” in Section 122.26 of Title 40 of the Code of Federal Regulations.
Ordinance No. 2281
39.“Stormwater treatment system” means any engineered system designed to remove pollutants and waste from stormwater runoff by settling, filtration, biological degradation, plant uptake, media absorption/adsorption or other physical, biological, or chemical process. This includes landscape-based systems such as grassy swales and bioretention units as well as proprietary systems.
40.“Trash and Litter” Trash consists of litter and particles of litter. California Government Code Section 68055.1(g) defines litter as all improperly discarded waste material, including but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the State, but not including the properly discarded waste of the primary process of agriculture, mining, logging, sawmilling, or manufacturing.
41.“Waste” includes sewage and any and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation, including waste placed within containers of whatever nature prior to, and for purposes of, disposal.
42.“Watercourse” means: a) an elongated open depression or channel in which water may or does flow; b) a conduit or channel intended for the conveyance of water whether open or closed; c) a stream or course of running water flowing on the earth; or d) a ditch or artificial channel created for the conveyance of water.
43.“Waters of the State” means any surface water or groundwater, including saline waters, within the boundaries of the State.
44.“Waters of the United States” shall have the same meaning as set forth in 40 Code of Federal Regulations Section 120.2 or any successor provisions. (Ord. 1572 § 2, 1992)
§ 9.14.040 Responsibility for administration.
This chapter shall be administered for the City of Pleasanton by the Public Works director or designee. Where storm drain facilities and/or watercourses have been accepted for maintenance by the Alameda County Flood Control and Water Conservation District, the Zone 7 Water agency, or other public agency legally responsible for certain watercourses, the responsibility for enforcing the provisions of this chapter may be assigned to such agency (through contract or agreement executed by the city and such agency) with respect to those watercourses for which they have accepted maintenance.
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(Ord. 1572 § 2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011) § 9.14.050 Construction and application
A. This chapter shall be construed to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, the California Water Code and applicable implementing regulations, and the MRP and any amendment, revision or reissuance thereof.
B. The standards established by this chapter are minimum standards. Therefore, this chapter does not intend nor imply that compliance by any discharger will ensure that the discharger will not cause contamination, pollution, or unauthorized discharge of pollutants or waste into Waters of the United States or Waters of the State. Ensuring that the discharger does not contaminate, pollute, or otherwise discharge pollutants or waste into the Waters of the United States or to Waters of the State is the ultimate responsibility of the discharger. This chapter shall not create liability on the part of the City of Pleasanton or any City of Pleasanton agent or employee for any damages that result from the discharger’s reliance on this chapter, or any lawful administrative decision made under this chapter.
§ 9.14.060 Scope and limits of this chapter
This chapter shall apply to:
A. Ministerial as well as discretionary approvals of development projects.
B. Dischargers at or from parcels and premises within the City of Pleasanton, which have been found to, or may be reasonably considered to, cause or contribute to pollution of stormwater runoff or illegal connections and other illicit discharges.
C. Nothing in this chapter shall be interpreted to infringe any right or power guaranteed by the United States constitution or the California constitution, including any vested property right.
§ 9.14.070 Severability and validity
If any portion of the ordinance codified in this chapter is declared invalid, the remaining portions of such ordinance are considered to be valid.
§ 9.14.080 Discharge of pollutants.
A. General Prohibition. Any discharge to the MS4 not composed entirely of stormwater is prohibited, except as set forth in Section 9.14.080
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B. The City of Pleasanton has the authority and duty to require any Person intending to connect to the MS4 to adhere to this chapter, the MRP, and any amendment, revision, or reissuance thereof.
C. It is unlawful to throw, deposit, leave, abandon, maintain or keep materials or wastes on public or private lands in a manner and place where they may result in an illicit discharge.
(Ord. 1572 § 2, 1992; Ord. 2019 § 1, 2011)
§ 9.14.090 Exceptions to discharge prohibition.
The following discharges are exempt from the prohibition set forth in Section 9 above:
A. Any discharge regulated under an NPDES permit issued to the discharger and administered by the state of California under authority of the United States Environmental Protection Agency; provided, that the discharger is in full compliance with all requirements of the permit and other applicable laws or regulations; B. Exempt discharges, as identified in the MRP. Unpolluted discharges from those sources or activities specifically identified in or pursuant to the MRP as exempt discharges, unless they are identified by the City of Pleasanton or the Regional Water Board as a source of pollutants to receiving waters, in which case they shall be addressed as conditionally exempt discharges.
C. Conditionally exempt discharges, as identified in the MRP. Discharges from those sources or activities specifically identified in or pursuant to the MRP as conditionally exempt discharges, provided that (1) they are identified by the City of Pleasanton or the Regional Water Board as not being sources of pollutants to receiving waters, or (2) applicable BMPs are developed and implemented to eliminate adverse impacts associated with such sources or activities and required conditions described in the MRP are met prior to the discharge. .
C. If the Regional Water Quality Control Board or the City of Pleasanton determines that an exempt or conditionally exempt discharge results in or contributes to a violation of the MRP or of any applicable water quality standard for receiving waters, either separately or when combined with other discharges, or is a danger to public health or safety, the authorized enforcement officer may give written notice to the Responsible Person that the discharge exemption shall not apply to the discharge at issue following a 10-day period commencing upon delivery of the notice. Upon expiration of the 10-day period, any such discharge shall be unlawful. (Ord. 1572 § 2, 1992; Ord. 2019 § 1, 2011)
§ 9.14.100 Discharge in violation of permit.
A. Any discharge that would result in or contribute to a violation of the MRP, either separately considered or when combined with other discharges, is prohibited.
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Liability for any such discharge shall be the responsibility of the Person(s) causing or responsible for the discharge, and such Persons shall defend, indemnify and hold harmless the City of Pleasanton in any administrative or judicial enforcement action relating to such discharge.
B. Every owner of real property within the [City of Pleasanton] shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property. When there are multiple property owners, the property owners shall have joint and several liability.
1. Every property owner in the City of Pleasanton’s jurisdiction is required to conduct all activities in a manner to avoid violation of this Code and to correct any nuisance condition.
2. Every property owner in the City of Pleasanton’s jurisdiction is required to conduct all activities in a manner to avoid violation of this Code and to correct any nuisance condition.
(Ord. 1572 § 2, 1992; Ord. 2019 § 1, 2011)
§ 9.14.110 Illicit discharge and illicit connections.
A. It is prohibited to establish, use, maintain or continue any illicit drainage connections or illicit discharges to the MS4. This prohibition is expressly retroactive and applies to connections made in the past, regardless of whether made under a permit or other authorization or whether permissible under the law or practices applicable or prevailing at the time of the connection.
1. Any Person responsible for a discharge, spill, or pollutant release, including those resulting from activities associated with mobile businesses, shall promptly cease and desist discharging and/or cleanup and abate such a discharge as directed by the authorized enforcement official.
2. Any Person responsible for an illicit connection shall promptly remove the connection as directed by the authorized enforcement official.
3. The City of Pleasanton may perform cleanup and abatement work and recover its costs from the responsible Person as provided in Chapter
9.14.250 of the City of Pleasanton Municipal Code. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Sections 9.14.170 - 9.14.280 of the City of Pleasanton Municipal Code.
B. The authorized enforcement official shall have the authority to inspect any premises, parcel, or mobile business operating within the City of Pleasanton
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pursuant to Sections 9.14.170 - 9.14.280
C. When any discharge is being performed contrary to the provisions of this code, the authorized enforcement official shall order the discharge to be stopped and cleaned up pursuant to Sections 9.14.170 - 9.14.280.
(Ord. 1572 § 2, 1992)
§ 9.14.120 Reduction of pollutants in stormwater.
Any person engaged in activities which will or may result in pollutants or waste discharges entering the City of Pleasanton storm sewer system, natural surface waters, or watercourses shall undertake all practicable measures to cease such activities, and/or reduce such pollutants and waste discharges. Examples of such activities include, but are not limited to, ownership and use of facilities such as parking lots, gasoline stations, auto services, industrial facilities, and commercial facilities fronting City of Pleasanton streets.
The authorized enforcement official shall have the authority to inspect any activity conducted within the City of Pleasanton pursuant to Sections 9.14.170 - 9.14.280.
When any activity is being performed contrary to the provisions of this code and has the potential to result in a discharge to the MS4, the authorized enforcement official may order the activity stopped until appropriate controls are implemented be pursuant to Sections 9.14.170 - 9.14.280.
A. General Requirements.
1. Littering
a. No person shall throw, deposit, leave, maintain, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles and accumulations, in or upon any street, alley, sidewalk, storm drain, inlet, catch basin, conduit or other drainage structures, business place or upon any public or private lot of land in the City of Pleasanton, so that the same might be or become a pollutant, except in containers or in lawfully established dumping grounds. b. No Person shall throw or deposit litter in any fountain, pond, lake, creek, or any other body of water in a park or elsewhere within the City of Pleasanton. Litter is defined as “garbage”, “refuse” and rubbish, and all other waste material.
2. Standard maintenance of premises.
a. Persons owning or operating premises shall clean the property and storm drainage structures as frequently and thoroughly as practicable in a manner that does not result in discharge of pollutants or waste to the MS4.
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b. The Responsible Person for any business in the City of Pleasanton in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt and litter to the MEP. Sweepings from said sidewalk shall not be swept or otherwise made or allowed to go into the gutter, roadway, or MS4, but shall be disposed of in receptacles maintained on said real property as required for the disposal of garbage.
c. If wet cleaning is required to maintain the appearance of the sidewalk, parking lot, or other exterior surfaces, the surface cleaning guidelines established by the Alameda Countywide Clean Water Program shall be used
3. Trash control.
a. An authorized enforcement officer may require installation and maintenance of full trash capture device(s) that meet the requirements of the San Francisco Bay Regional Water Quality Control Board on private storm drain inlets if implemented controls do not prevent the discharge of trash from the private parcels and drainage facilities to the MS4. b. At a minimum, the full trash capture system covering the entirety of the parcel must be installed before the onsite drainage enters the MS4 (i.e., trash capture must take place no farther downstream than the last private stormwater drainage structure on the site).
c. The authorized enforcement official may require Persons owning, operating or maintaining such Premises to enter into an operation and maintenance agreement, in a form approved by the City of Pleasanton and which has been recorded for the property with the Alameda County Recorder's Office, to ensure the operation and maintenance of the full trash capture system
d. Upon transferring ownership of the property, any property owner required by this Article to install and maintain a full trash capture system shall notify the City of Pleasanton in writing of the transfer of ownership, provide the new owners with a current copy of this Chapter and the maintenance agreement, and inform the new owners in writing of their obligation to properly operate and maintain the full trash capture system. e. It shall be unlawful to alter, modify, change, or remove any full trash capture system without first obtaining from the Authorized Enforcement Official written certification that the requirements of this Article have been satisfied.
4. Organic matter
a. Sweeping, blowing, or otherwise causing leaf litter, yard trimmings, or other organic matter in a manner that allows it to enter the MS4 is
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prohibited.
5. Notice of Intent and compliance with State Water Resources Control Board General Stormwater Permits.
a. Each industrial discharger, discharger associated with construction activity, or other discharger described in any general stormwater permit addressing such discharges as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the San Francisco Bay Regional Water Quality Control Board, shall provide Notice of Intent to comply with, and undertake all activities required by any general stormwater permit as applicable to such discharges.
6. Proof of compliance with a general stormwater permit may be required in a form acceptable to the City of Pleasanton’s designated representative prior to or as a condition of a subdivision map, site plan, building permit, development or improvement plan, or business license; upon inspection of a facility; during any enforcement proceeding or action; or for any other reasonable cause.
7. Incidental irrigation runoff is the unintended amounts of runoff that leave the area of application such as minimal overspray. Water leaving the intended area of application is not incidental if it is due to the design, excessive application, intentional overflow or application, or inadequate maintenance. Irrigation systems must be designed and maintained to conserve water and prevent water from leaving the area of application. Responsible Persons shall control irrigation systems to prevent excessive irrigation runoff by implementing the following BMPs:
a. Detect and repair leaks from the irrigation system within 8 hours of notification by the city of the leak or upon discovery of the leak; b. Properly design and aim sprinkler heads to only irrigate the planned application area;
c. Do not irrigate during precipitation events; and
d. Where recycled water is used for irrigation, the user must conform to the requirements set forth in the City of Pleasanton’s Municipal Code, Section
14.06 Regulations of Recycled Water Use; and Section 17.14 Water- Efficient Landscaping Regulations, as amended from time to time, or those given by the MRP, whichever are greater.
8. Best management practices (BMPs) and standards to reduce stormwater and non-stormwater pollutants.
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a. Responsibility to implement BMPs. Any Person engaged in activities or operations or owning or occupying facilities or property that will or may result in pollutants entering the MS4 or receiving waters shall implement BMPs to prevent and reduce such pollutants.
9. City of Pleasanton may establish BMPs. In addition to BMPs set forth in any general stormwater permit or individual NPDES permit, and notwithstanding the discharge exemptions set forth in the MRP, the City of Pleasanton may establish and require compliance with BMPs for any activity, operation, or facility that may cause or contribute to degradation, pollution or contamination of stormwater, the MS4, or receiving waters.
10.The Public Works Director may require submission of information to evaluate the implementation and/or require the implementation of BMPs, including, but not limited to, the following:
a. Minimum BMPs. All dischargers must implement and maintain at least the following minimum BMPs: Appropriate BMPs will be implemented to prevent pollutant and waste sources from entering the [Agency’s] storm drain collection system that are associated with outdoor process and manufacturing areas, outdoor material storage areas, outdoor waste storage and disposal areas, outdoor vehicle and equipment storage and maintenance areas, outdoor parking and access roads, outdoor wash areas, outdoor drainage from indoor areas, rooftop equipment, contaminated and erodible surfaces, or other sources by the Public Works Director to have reasonable potential to contribute to pollution to stormwater runoff.
b. Inspection, Maintenance, Repair and Upgrading of BMPs. BMPs at staffed and unstaffed facilities must be inspected and maintained by the discharger according to manufacturer specifications and/or the California Stormwater Quality Association (CASQA) Stormwater BMP Handbooks.
These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to prevent any further failure in the same or similar circumstances.
B. Containment and notification of spills.
1. Notwithstanding any other requirement of law, any known or suspected spill or release of pollutants or wastes which result or may result in an illicit discharge into the City of Pleasanton storm drain system, Waters of the United States, or Waters of the State, shall be reported immediately in the following manner by any Responsible Person for a facility or Responsible Person for the facility’s
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emergency response:
a. The release of a hazardous material or hazardous waste shall be immediately reported to emergency services by emergency dispatch services (911).
b. The release of a nonhazardous waste shall be reported to the Public Works Administration by phone at 925-931-5500 no later than 4:00 p.m. on the same business day. If the release occurs afterhours or on weekend or holidays, report to the Pleasanton Police Department nonemergency line at 925-931-5100. A written notification of the release shall also be made to the Director of Public Works within five business days of the release.
2. For any discharge subject to the reporting requirements of the State of California Water Code Sections 13271 and 13272, notification in compliance therewith shall constitute sufficient notification for the purposes of this section. § 9.14.130 Construction Activities
All construction sites shall implement effective erosion control, run-on and runoff control, sediment control, active treatment systems (as appropriate), good site management, and non-stormwater management through all phases of construction (including, but not limited to, demolition, site grading, building, and finishing of lots) until the site is fully stabilized by landscaping or the installation of permanent erosion control measures.
Construction sites shall conform to the MRP Provision C.6 Construction Site Control requirements, as well as the following requirements:
A. Any Person performing construction activities in The City of Pleasanton shall implement appropriate BMPs to prevent the discharge of sediment, construction waste, or contaminants from construction materials, tools, and equipment from discharging onto ground surfaces or entering the storm drain system or watercourse.
B. No construction activity may commence until adequate BMPs have been installed conforming to MRP Provision C.6 Construction Site Control requirements and the authorized enforcement official has been notified of their completion.
C. The authorized enforcement official shall have the authority to inspect construction activities within the City of Pleasanton pursuant to Sections 9.14.170 - 9.14.280.
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D. When any work is being performed contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any Persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed. This remedy is in addition to and does not supersede or limit any and all other remedies, both civil and criminal, provided in Sections 9.14.170 - 9.14.280 of the City of Pleasanton Municipal Code.
§ 9.14.140 Development Requirements
Development projects shall conform to the MRP Provision C.3 New and Redevelopment Standards.
A. Stormwater Source Controls. Source controls as described in the MRP and in further detail in the Pleasanton Standard Specification Section 5 are required for all development projects doing work in the City of Pleasanton.
1. Architectural Copper. Copper metal roofing, copper granule containing asphalt shingles, copper gutters, copper flashing, and copper architectural ornaments shall not be permitted for use on any residential, commercial, or industrial building for which a building permit is required. Replacement roofing and gutters on historic structures are exempt, provided that the roofing material used shall be pre-patinated at the factory. For the purposes of this exemption, the definition of “historic” shall be as identified in the City of Pleasanton’s Downtown Specific Plan.
B. Site design techniques. Development projects that fall into the applicable thresholds as defined in the MRP shall incorporate at least one of the following site design techniques, as applicable to the project:
1. Direct roof runoff into cisterns or rain barrels for use.
2. Direct roof runoff onto vegetated areas through disconnected roof leaders that are properly located to prevent erosion of landscaped materials.
3. Direct runoff from sidewalks, walkways, patios, driveways, uncovered parking onto vegetated areas.
4. Construct sidewalks, walkways, patios, driveways, uncovered parking, or bike lanes with permeable surfaces as defined in the MRP.
Applicants for these projects shall select, design, and construct these site design measures, as applicable, with the requirements and guidelines set forth in the most current version of following documents:
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1. MRP
2. C.3 Technical Guidance Manual
The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available for download at the Alameda Countywide Clean Water Program website.
C. Regulated Projects, as defined in the MRP, are required to incorporate additional site design, stormwater treatment, and/or hydromodification management measures. These measures are required to remain in place throughout the life of the development project to address stormwater runoff pollutant discharges and prevent increases in runoff flow rates and volumes. Applicants for development projects shall select, design and construct site design, stormwater treatment, and hydromodification management measures, as applicable, to the satisfaction of the [Agency] in accordance with the requirements and guidelines set forth in the most current version of following documents:
1. MRP
2. C.3 Technical Guidance Manual
The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available for download at the Alameda Countywide Clean Water Program website
D. Regulated Projects shall include LID/GSI treatment measures, as set forth in the MRP per the following provisions:
1. Project phasing. Project proponents may not phase projects to avoid implementing stormwater requirements.
2. Subdivisions of land. Parcels of land which are subdivided for future construction shall make provision for stormwater requirements anticipating future build out. Stormwater improvements shall be considered part of the infrastructure and are required to be installed with other infrastructure improvements.
3. Placement of LID/GSI treatment measures in common areas. In subdivisions, stormwater treatment systems shall be placed in a publicly accessible area unless prior approval has been obtained by the authorized enforcement official.
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4. LID/GSI treatment measures shall not be placed in backyards or in areas where fencing obstructs access for periodic inspection.
5. Alternative Compliance for low impact development. Notwithstanding the provisions of Section 9.14.130 of the Pleasanton Municipal Code, the authorized enforcement official may, in accordance with the MRP, authorize a Regulated Project to provide alternate compliance by treating an equivalent flow and pollutant load of the project’s stormwater runoff with LID/GSI treatment measures at an on-site location that otherwise would not require treatment, or at an offsite location in the same watershed, in accordance with the MRP.
6. Construction-phase LID/GSI requirements.
c. Bioretention Soil Media (BSM) certification. For LID/GSI incorporating bioretention, submit the certification of the BSM, as set forth in the C.3 Technical Guidance Manual, provided by the BSM supplier.
d. GPS Coordinates. Prior to the [City of Pleasanton] granting final certificate of occupancy or acceptance of improvements, the applicant shall provide GPS coordinates for all installed stormwater treatment facilities, hydromodification management measures, and trash capture devices. The coordinates shall be in a format determined in one of two formats:
i. GIS layer (shape file or feature class in a geodatabase): At minimum, provide a GIS point layer of the facility inlet, and the GIS polygon layer of facility footprint. Layer(s) shall contain the device type, manufacturer, model, and date it was installed, and area draining to the device.
ii. Excel file (csv or text file) with the information noted above, in addition to a coordinate location pair of Latitude/Longitude or X/Y Coordinates in North American Datum (NAD) 1983 State Plane California III FIPS 0403 Feet, WKID: 2227, Authority:
EPSG.
E. Hydromodification management measures.
1. Regulated Projects that are designated as Hydromodification Management projects under the MRP shall demonstrate that the project will not cause an increase in stormwater runoff flow rates, volume, or flow durations over the pre-project existing condition based on the design
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criteria set forth in the MRP.
2. Hydromodification Management Projects shall implement on-site hydromodification management controls unless a regional hydromodification management control is available to control all or a portion of the project runoff.
F. Requirement for Stormwater Management Plan. A Stormwater Management Plan shall consist of a preliminary plan to ensure adequate planning for the management of stormwater runoff and quality control, and a final plan, as approved by a designee of the Public Works Director or City Engineer. Both plans shall be in accordance with the criteria established in the following provisions:
1. A preliminary Stormwater Management Plan shall be submitted for review and approval with all subdivision map, site plan, building permit, or improvement plan applications if governed by this Chapter.
2. The final Stormwater Management Plan must be submitted for review and approval by the Public Works Director or City Engineer as part of the improvement plan review process.
3. All Stormwater Management Plans shall be appropriately sealed and signed by a professional engineer in adherence to all minimum standards and requirements pertaining to the practice of that profession.
4. The stormwater treatment systems must be designed in accordance with the requirements specified in the MRP and with the design guidelines detailed in the most recent C.3 Technical Guidance Manual G. Maintenance access easements.
1. The Responsible Person must ensure access from the public right-of-way to stormwater treatment systems for the purpose of inspection, maintenance, and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment materials and personnel. The maintenance access easement must be located such that the stormwater treatment systems are readily accessible for inspection purposes during regular working hours.
H. Inspection of systems. The authorized enforcement official shall have the authority to inspect the stormwater treatment and HM systems during construction and life of the project pursuant to Sections 9.14.170 - 9.14.280.
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I. Inadequacy of the system.
1. If a stormwater treatment or HM system is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for in the approved stormwater management plan, it shall be corrected by the Responsible Person before the development project is finalized and accepted.
2. If a stormwater treatment or HM system is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the Responsible Person. If the Responsible Person fails to act, the City of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 -
9.14.280 of the Pleasanton Municipal Code.
J. LID/GSI requirements for projects improving street, sidewalk, or road frontage.
Portions of the public right of way that may generate runoff, including sidewalks, curb extensions, pavement replacement, and curb and gutter replacement in the street frontage, that are constructed or reconstructed as part of the Regulated Project are considered part of the regulated project.
K. Additional measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit. § 9.14.150 Trash reduction requirements for development projects Development projects, including tenant improvement projects, shall conform to the MRP Provision C.10 Trash Load Reduction.
A. Full trash capture systems or devices and actions.
1. All development projects are required to install on-site full trash capture systems or devices selected from the list of full capture systems or multi- benefit trash treatment systems certified by the State Water Board or implement trash control actions that provides for an equivalent trash reduction.
2. Full trash capture devices installed shall be on the Alameda County Mosquito Abatement District list of approved devices. Alternately, development projects may install regional, off-site full trash capture devices if approved by the City of Pleasanton.
3. Full trash capture systems or devices are required to remain in place throughout the life of the development project to reduce trash loads from the
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MS4. Applicants for development projects shall select, design, and construct full trash capture systems or devices, as applicable, to the satisfaction of the [City of Pleasanton] in accordance with the requirements and guidelines set forth in the most current version of following documents:
a. MRP
b. C.3 Technical Guidance Manual
The above referenced documents, as amended and reissued from time to time, are incorporated by reference into this chapter. These documents shall be available for download at the Alameda Countywide Clean Water Program website.
4. The Applicant must demonstrate to the satisfaction of the City of Pleasanton that the trash control programs implemented in lieu of full trash capture devices or systems will provide an equivalent level of trash load reduction to installing full trash capture devices. Applicants for development projects shall develop and submit a full trash capture equivalency plan to the City of Pleasanton for approval. The plan must include the planned trash control actions, projected trash reductions of the actions, implementation schedule, entities responsible for implementing the actions, and the plan to inspect and verify the effectiveness of the actions.
B. Maintenance access easements.
1. The Responsible Person must ensure access from the public right-of-way to full trash capture systems or devices for the purpose of inspection, maintenance, and repair by securing all the maintenance access easements needed on a permanent basis. Such access shall be sufficient for all necessary equipment materials and personnel. The maintenance access easement must be located such that the stormwater treatment systems are readily accessible for inspection purposes during regular working hours.
C. Operation and maintenance. Installed full capture trash systems or devices will be operated and maintained by the Responsible Person for the life of the project, following the manufacturer’s recommendations for maintenance.
D. Inspection of systems. The authorized enforcement official shall have the authority to inspect the full trash capture system or device during construction and life of the project pursuant to Sections 9.14.170 - 9.14.280.
E. Inadequacy of the system.
1.If a full trash capture system or device is found to be inadequate by virtue of physical evidence of operational failure, even though it was built as called for
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in the approved stormwater management plan, it shall be corrected by the Responsible Person before the development project is finalized and accepted.
2.If a full trash capture system or device is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the Responsible Person. If the Responsible Person fails to act, the City of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 - 9.14.280
F. Additional measures. The provisions of this section shall not prohibit an authorized enforcement official from requiring a discharger to take additional measures to achieve the objectives of this chapter or any permit. § 9.14.160 Stormwater Maintenance Agreements
A. It is a violation of this code for any Responsible Person to fail to properly operate and maintain any approved full capture trash device, stormwater treatment facilities, hydromodification management facilities and/or source control BMPs on the Responsible Person’s property. Stormwater treatment systems which do not have a Stormwater Management Maintenance Agreement must be maintained as required by the manufacturer’s guidelines and/or to ensure intended functioning of the system(s)
B. Prior to the issuance of any permit for land development activity, development projects required to install full trash capture or LID/GSI systems shall develop and execute a Stormwater Management Maintenance Agreement for the property. The Stormwater Management Maintenance Agreement, also known as the Operation and Maintenance Agreement, shall run with the land, and shall be recorded in the Office of the Alameda County Clerk-Recorder. Provisions in the Stormwater Management Maintenance Agreement are fully enforceable under the City of Pleasanton Municipal Code. Enforcement action, as detailed in Sections 9.14.170 - 9.14.280, may be taken for failure to meet any of the requirements of the Stormwater Management Maintenance Agreement.
C. The Stormwater Management Maintenance Agreement must be entered into between the Responsible Person and the City of Pleasanton. Responsibility for the operation and maintenance of the stormwater treatment systems shall remain with the Responsible Person and shall pass to any successor Responsible Person. If portions of the land are sold or otherwise transferred, legally binding arrangements shall be made to pass the inspection and maintenance responsibility to the appropriate successors in title, and notification of the successor must be provided to the City of Pleasanton.
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D. The Responsible Person shall bear responsibility for major repair or replacement of any facilities installed in the public Right-of-Way as a condition of project approval.
E. Maintenance of stormwater treatment systems shall be performed and completed in accordance with the Stormwater Management Maintenance Agreement. The Stormwater Management Maintenance Agreement shall be irrevocable and shall obligate all current and future Responsible Persons to bear all costs for the annual maintenance, replacement, and record keeping of all stormwater treatment systems.
F. Site plans and operations and maintenance plans for recording shall show at a minimum:
1. Location of on-site full trash capture, stormwater treatment, and HM systems.
2. Location of off-site/public stormwater full trash capture, stormwater treatment, and HM systems.
3. A note to reference any stormwater treatment systems stating: "As part of the original construction of the Development, stormwater treatment systems were installed within the Development in connection with the Development’s drainage system. Neither the Association nor any Responsible Person shall do any work, construct any improvement, place any landscaping, or otherwise perform any action whatsoever which alters or interferes with the drainage pattern for any Lot or any portion of the Common Areas, except to the extent such alteration in drainage pattern is approved in writing by the City of Pleasanton.”
4. A note to reference the Stormwater Management Maintenance Agreement:
“The on-site stormwater treatment systems shall be inspected and maintained as detailed in the Stormwater Management Maintenance Agreement”.
5. The extent of watercourse buffer, if any, on the subject property by the parcel’s boundary landmarks and a label of the watercourse buffer.
6. Provide a note to reference any watercourse buffer stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the City of Pleasanton."
7. A note to reference any protective covenants governing all watercourse buffer areas stating: "Any watercourse buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."
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G. Annual Report. A report of the annual inspection and maintenance activities completed on the stormwater treatment systems shall be submitted to the City of Pleasanton by October 31 of each year. The annual inspection report shall include all completed inspection and maintenance forms for the reporting period.
The annual inspection shall also include a record of the volume of all accumulated sediment and trash removed from the stormwater treatment systems.
H. Transfer of Property. When a property subject to a Stormwater Management Maintenance Agreement is sold, conveyed, or otherwise transferred to another entity, the Responsible Person shall provide written notice of said document to the transferee and provide the City of Pleasanton a copy of such notice.
I. Inspection of systems. The authorized enforcement official shall have the authority to inspect full capture trash devices, stormwater treatment facilities, hydromodification management facilities and/or source control BMPs pursuant to Sections 9.14.170 - 9.14.280.
J. Inadequacy of the system.
1. If a full capture trash device, stormwater treatment facility, hydromodification management facility and/or source control BMP is found to be inadequate by virtue of physical evidence of operational failure at any point during its operating life, it shall be corrected by the Responsible Person . If the Responsible Person fails to act, the City of Pleasanton may pursue corrective actions or enforcement pursuant to Sections 9.14.170 - 9.14.280 § 9.14.170 Authority to inspect and sample.
A. General Procedures.
1. The authorized enforcement official has authority to conduct inspections related to purposes of implementing this chapter on private or public property. Inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of the chapter, including, but not limited to, visual evidence of an actual or potential violation of any provision of this chapter, complaints received, knowledge or physical evidence of subject activities or other pollutant sources and waste discharges, routine inspections, random sampling, sampling in areas with evidence of stormwater pollution, contamination, illicit connections, discharge of non-stormwater. .
2. The authorized enforcement official may enter such building or premises at all reasonable times to inspect the same, to inspect and copy records related to stormwater compliance, take measurements, or perform any duty imposed upon the official by this chapter; provided that:
a. If such building or premises is occupied, the authorized enforcement official
Ordinance No. 2281
shall first present proper credentials and request entry; and b. If such building or premises is unoccupied, the authorized enforcement official shall first make a reasonable effort to locate the Responsible Person having charge or control of the building or premises and request entry
3. Any such request for entry shall state that the Responsible Person or occupant has the right to refuse entry and that in the event such entry is refused, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate.
In the event the Responsible Person refuses entry after such request has been made, or in the event that the Responsible Person for the building or premises cannot be located, an inspection/abatement warrant authorizing entry shall be obtained prior to the City of Pleasanton’s entry onto the premises. the official is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such warrant authorizing entry.
4. Routine or area inspections shall be based upon such reasonable selection processes as may be deemed necessary to carry out the objectives of this chapter, including but not limited to random sampling and/or sampling in areas with evidence of stormwater contamination, illicit discharges, discharge of non- stormwater to the stormwater system, or similar factors.
B. Authority to Sample and Establish Sampling Devices. The City of Pleasanton shall have the right to establish on any property such devices as are necessary to conduct sampling or metering operations. During all inspections as provided herein, the official may take any samples deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on-site.
C. Notification of Spills. As soon as any Person in charge of a facility or responsible for emergency response for a facility has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or nonstormwater discharges entering the MS4, such Person shall notify the City of Pleasanton of the occurrence by contacting (925) 931-5500 during normal working hours or (925) 931-5100 after normal working hours and confirming the notification by correspondence to the same.
D. Follow-Up Action. In accordance with Section 9 and Section 13, and following City of Pleasanton inspection, the City of Pleasanton may require that any Person in charge of a facility or responsible for emergency response for a facility that has knowledge of any confirmed or unconfirmed release of materials, pollutants or waste which may result in pollutants or non-stormwater discharges entering the MS4, take appropriate action to prevent discharge of pollutants or wastes, including, but not limited to, implementation of appropriate BMPs, as described in Section 13, and/or installation of full trash capture systems or devices E. Requirement to Test or Monitor. An authorized enforcement official may request
Ordinance No. 2281
that any Person engaged in any activity and/or owning or operating any facility which may cause or contribute to stormwater pollution or contamination, illicit discharges, and/or discharge of non-stormwater to the stormwater system, undertake such monitoring activities and/or analyses and furnish such reports as the official may specify. The burden, including costs, of these activities, analyses and reports shall bear a reasonable relationship to the need for the monitoring, analyses and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analyses and/or reports requested. (Ord. 1572 § 2, 1992; Ord. 2000 § 1, 2009; Ord. 2019 § 1, 2011) § 9.14.180 Violations constituting misdemeanors or infractions.
Unless otherwise specified by ordinance, the violation of any provision of this chapter, or failure to comply with any of the mandatory requirements of this chapter shall constitute a misdemeanor; except that notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the the City of Pleasanton, be charged and prosecuted as an infraction. (Ord. 1572 § 2, 1992)
§ 9.14.190 Penalty for violation.
A. Upon conviction of a misdemeanor, a person shall be subject to payment of a fine or imprisonment, or both, not to exceed the limits set forth in California Government Code Section 36901.
B. Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code Section 36900. After a third conviction for a violation of the same provision subsequent violations within a twelve (12) month period, subsequent violations of that same provision within a twelve (12) month period may be charged as a misdemeanor. (Ord. 1572 § 2, 1992)
§ 9.14.200 Continuing violation.
Unless otherwise provided, a person shall be deemed guilty of a separate offense for each and every day during any portion of which a violation of this chapter is committed, continued or permitted by the person and shall be punishable accordingly as herein provided.
(Ord. 1572 § 2, 1992)
§ 9.14.210 Concealment.
Causing, permitting, aiding, abetting or concealing a violation of any provision of this chapter shall constitute a violation of such provision.
Ordinance No. 2281
(Ord. 1572 § 2, 1992)
§ 9.14.220 Acts potentially resulting in violation of Federal Clean Water Act and/or Porter-Cologne Act.
Any person who violates any provision of this chapter, any provision of any permit issued pursuant to this chapter, or who discharges waste or wastewater which causes pollution, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act and/or Porter-Cologne Act and may be subject to the sanctions of those Acts, including civil and criminal penalty. Any enforcement action authorized under this code may also include notice to the violator of such potential liability.
(Ord. 1572 § 2, 1992)
§ 9.14.230 Violations deemed a public nuisance.
A. In addition to the penalties hereinbefore provided, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and is declared and deemed a nuisance.
Such condition may be summarily abated and/or restored by any authorized enforcement official pursuant to 9.14.260 of the City of Pleasanton Municipal Code, and/or civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the City of Pleasanton’s city attorney.
B. The cost of such abatement and restoration shall be borne by the Responsible Person for the property, and the cost thereof shall be a lien upon and against the property. The procedures of 9.28 of the Pleasanton Municipal Code shall be followed for any such lien.
C. If any violation of this chapter constitutes a seasonal and recurrent nuisance, the City of Pleasanton city council shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
(Ord. 1572 § 2, 1992)
§ 9.14.240 California Code of Civil Procedure Section 1094.6.
The provisions of Section 1094.6 of the California Code of Civil Procedure are applicable to judicial review of the City of Pleasanton decisions pursuant to this chapter. (Ord. 1572 § 2, 1992)
§ 9.14.190 Civil actions.
In addition to any other remedies provided in this section, any violation of this section may be enforced by civil action brought by the City of Pleasanton. In any such action, the City of Pleasanton may seek and the court shall grant, as appropriate, any or all of
Ordinance No. 2281
the following remedies:
A. A temporary and/or permanent injunction;
B. Assessment of the violator for the costs of any investigation, inspection or monitoring survey which led to the establishment of the violation, and for the reasonable costs of preparing and bring legal action under this subsection; C. Costs incurred in removing, correcting or terminating the adverse effects resulting from the violation;
D. Compensatory damages for loss or destruction to water quality, wildlife, fish and aquatic life. Assessments under this subsection shall be paid to the City of Pleasanton to be used exclusively for costs associated with monitoring and establishing stormwater discharge pollution control systems and/or implementing or enforcing the provisions of this chapter; and
E. Any applicable attorney’s fees.
(Ord. 1572 § 2, 1992)
§ 9.14.250 Administrative enforcement powers.
In addition to the other enforcement powers and remedies established by this chapter, an authorized enforcement official has the authority to utilize the following administrative remedies set forth in the City of Pleasanton Municipal Code, in addition to any or all of the following that apply:
A. Cease and Desist Orders. When an authorized enforcement official finds that a discharge has taken place or is likely to take place in violation of this chapter, the official may issue an order to cease and desist such discharge, or practice, or operation likely to cause such discharge and direct that those Persons not complying shall: (1) comply with the requirement; (2) comply with a time schedule for compliance; and/or (3) take appropriate remedial or preventive action to prevent the violation from recurring.
B. Notice to Clean. Whenever an authorized enforcement official finds any oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or any other material of any kind, in or upon the sidewalk abutting or adjoining any parcel of land or upon any parcel of land or grounds, which may result in an increase in pollutants entering the MS4 or a non-stormwater discharge to the MS4, the official may give notice to the Responsible Person, to remove such oil, earth, dirt, grass, weeds, dead trees, tin cans, rubbish, refuse, waste or other material, in any manner that he or she may reasonably provide. The recipient of such notice shall undertake the activities as described in the notice.
C. Verbal Warning or Written Warning. When an authorized enforcement official finds
Ordinance No. 2281
that a Discharger has violated, or continues to violate, any provision of this chapter, or order issued hereunder, or any other stormwater standards or requirement, the authorized enforcement official may serve upon that Discharger a verbal or written warning notice or notice of violation. The notice includes required corrective actions to occur within a reasonably short and expedient time frame commensurate with the threat to water quality.
D. Stop Work Order. Whenever an authorized enforcement official finds that a Discharger has performed work contrary to the provisions of this section, the authorized enforcement official may order the work stopped by notice in writing served on any Persons engaged in doing or causing the work to be done. Such work shall stop until the authorized enforcement official authorizes the work to proceed.
E. Withholding plan approvals or permits. Whenever an authorized enforcement official finds that a Discharger has performed work contrary to the provisions of this section the City of Pleasanton may withhold the issuance of approvals or permits for ongoing or continued work at the property. Such actions by the City of Pleasanton may include, but are not limited withholding final certificate of occupancy or acceptance of improvements until the violation has been corrected.
F. The hearing officer shall assess administrative costs against the violator when it finds that a violation has occurred, and that compliance has not been achieved within the time specified in the compliance order.
G. The administrative costs may include any and all costs incurred by the city in connection with the matter before the hearing officer including, but not limited to, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and costs for all reinspections necessary to enforce the compliance order.
(Ord. 1572 § 2, 1992)
§ 9.14.260 Abatement by City of Pleasanton
A. If the violation has not been corrected pursuant to the requirements set forth in Section 29, the City of Pleasanton or a contractor designated by the authorized enforcement official may enter upon the subject private property and is authorized to take any and all measures necessary to abate the violation and/or restore the property. It shall be unlawful for any Responsible Person in possession of any premises to refuse to allow the authorized enforcement official or designated contractor to enter upon the premises for the purposes set forth above. In the event the Responsible Person in possession refuses the authorized enforcement official or designated contractor said entry, the authorized enforcement official is hereby empowered to seek assistance from any court of competent jurisdiction to obtain such entry
Ordinance No. 2281
After abatement of the nuisance by the City of Pleasanton, the authorized enforcement official shall notify the Responsible Person of the cost of abatement, including administrative costs. The bill shall also state that failure to pay the abatement and administrative costs within 30 days from service of the bill may result in the recording of a lien and the placement of a special assessment against the property. § 9.14.270 Authority to arrest or issue citations.
Authorized enforcement officials may issue a citation and notice to appear in the manner prescribed by Chapter 5c of Title 3, Part 2 of the Penal Code, or as the same may hereafter be amended. It is the intent of the City of Pleasanton city council that the immunities prescribed in Section 836.5 of the Penal Code be applicable to public officers or employees acting in the course and scope of employment pursuant to this chapter.
B. Police officers, but not authorized enforcement officials, shall have and are hereby vested with the authority to arrest or cite any Person who violates any section of this chapter in the manner provided by the California Penal Code for the arrest or release on citation of misdemeanor infractions as prescribed by Chapter 5, 5c, and 5d of Title 3, Part 2 of the Penal Code, or as the same may be hereinafter amended.
(Ord. 1572 § 2, 1992)
§ 9.14.280 Remedies not exclusive.
Remedies under this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 1572 § 2, 1992)
§ 9.14.290 Coordination with Hazardous Materials Inventory and Response Program.
The first revisions of the business plan for any facility subject to the City of Pleasanton’s Hazardous Materials Inventory and Response Program shall include a program for compliance with this chapter, including the prohibitions on non-stormwater discharges and illicit discharges, and the requirement to reduce pollutants or wastes to the MEP. (Ord. 1572 § 2, 1992)
Item #20
CITY COUNCIL AGENDA REPORT
June 18, 2024
Finance
TITLE: RECEIVE A REPORT OUTLINING POLLING RESULTS, DRAFT BALLOT
MEASURE LANGUAGE, AND OTHER CONSIDERATIONS RELATED TO A
LOCAL SALES TAX BALLOT MEASURE
SUMMARY
The City is facing a severe and increasing structural deficit, meaning that expenses have and will continue to grow faster than revenues. Current forecasts indicate an average budget shortfall of approximately $13 million annually over the next eight years, which City staff has been working to address proactively with a combination of reduced costs and new revenue.
In light of the City’s financial challenges, in 2023 the City Council directed staff to conduct a public opinion poll seeking input from the community regarding Pleasanton’s service priorities and to identify potential options for increasing revenues. This poll was conducted in September 2023. After exploring potential revenue sources in the poll, at a December 2023 meeting, the City Council received a presentation noting a focus on a ½ cent sales tax increase. A target date for placing a measure before voters is the November 2024 municipal election, if the City Council determines to proceed with a ballot measure.
At this December meeting, the City Council also directed staff to launch a comprehensive outreach plan to engage, inform, gather, and listen to input from residents and other stakeholders on City needs and the proposed plan to meet these needs. Since the start of 2024, staff has engaged the community and met with community leaders and local community groups making them aware of the City’s forecasted deficits and gathering questions and feedback to further inform the City Council. The public engagement results were presented to the City Council at its June 4, 2024 meeting.
A second public opinion poll was conducted between May 15-21, 2024, to re-assess the viability of a ½ cent sales tax measure. This report presents the polling results, draft ballot language, and the draft resolution and ordinance that are required to place the ½ cent sales tax measure on the November 2024 ballot.
RECOMMENDATION
Staff recommends the City Council:
1. Review and discuss the polling results toward assessing placement of a local sales tax measure before the voters in November 2024; and,
2. Provide direction on the content of legislation that would be approved at a future City Council meeting to be held no later than July 16, 2024, placing an ordinance before the voters of the City of Pleasanton imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration; and,
3. Discuss the content of information to communicate with the public about a local sales
tax measure.
BACKGROUND
The reasons the City is facing a structural deficit include factors that other cities across the state and country are also facing, such as:
• Slowing real estate development activity
• Declining retail sales activity, including at the Stoneridge Shopping Center • Increasing insurance costs
• Increasing operating supplies and materials costs
• Increasing contract service costs
• Growing number of unfunded mandates from the State
• Rising personnel costs, including pensions
• Reduced hotel tax revenue (particularly during and post-pandemic).
In addition, much of the City’s infrastructure and facilities are aging. Pleasanton realized significant and rapid growth in the 1980s and 1990s, when buildings, parks, streets, and many other City assets were constructed. The City has contributed significant resources to maintain these assets over time, but many are reaching the end of their useful life and funds have not been fully set aside to replace or significantly rebuild infrastructure and facilities.
As the City continues to transition from a growing city to a mature community, the rate of necessary revenue increases is no longer occurring. Over the years, the City has implemented cost-saving measures to improve operational efficiency and reduce costs, including merging departments and operations, providing lower pension and retiree medical benefits to employees, implementing energy and water efficiency projects, and establishing a pension trust to pay down the City's unfunded liability.
The City is a full-service organization, primarily relying on employees for providing a breadth of municipal services. For many years, the City Council has acted to ensure that the size of the workforce and the level of total employee compensation is controlled, at a reasonable level but within budget constraints. In recent years, sound fiscal actions have included the following:
1. Controlling Employee Compensation
• Requiring the maximum contribution to retirement benefits from all employees. • Reducing retiree health benefits.
• Trimming retirement benefits and extending the retirement age (including for Public Safety employees). Currently, over 40% of the City’s workforce will receive lower benefits in retirement.
2. Limiting Full-Time City Staffing
• The number of budgeted General Fund positions has remained flat over the past 5 years. Currently, some positions are frozen resulting in fewer employees at a time of
rising demand for services.
3. Controlling Contract Service Costs and New Services and Programs • Limiting costs associated with contract and professional services. • City departments are not permitted to start new services and programs that are funded by the General Fund.
4. Delaying Projects and Purchases of Vehicles and Equipment • Fire station and other City facility renovations are deferred. • Delaying purchases of vehicles and equipment such as a 30+ year-old fire engine.
5. City Council approved $2.5 million in reduction from the upcoming fiscal year’s budget.
The City has also deferred critical infrastructure repair and replacement to balance the General Fund operating budget and to continue to support the delivery of services. Currently, there is not sufficient capital funding, nor is there sufficient operational funding, to continue to deliver services and programs at the level the Pleasanton community has come to expect.
DISCUSSION
Although the broader regional economy is relatively stable and the City’s General Fund is being prudently managed, the City faces financial and operational challenges over the next decade. The current revenue level is not sufficient to cover operating expenses required to maintain the current level of City services. Attachment 1 provides the General Fund Citywide Contingency Menu of Potential Service Reductions. This menu shows the magnitude of service reductions potentially necessary without significant revenue enhancement as soon as in FY 2025/26. These proposed reductions were developed with input and analysis from every City department and presented to the City Council on May 21, 2024. Budget reduction strategies include the following:
• Reduce Parks, Trees, and Landscape Maintenance
• Reduce Streets and Facilities Maintenance
• Reduce Library Services
• Reduce Community Programming, Youth and Senior Programs, and Special Events • Reduce Plan Checking and Traffic Management Programs
• Reduce Sustainability Programming/Services
• Reduce Funding to Community Programs
• Reduce Economic Development Services
• Eliminate City-Funded School Crossing Guard Program
• Reduce Police Services
• Reduce Fire Services
• Reduce Critical Internal Service Functions
Approval of a ½ cent sales tax increase would improve the City’s ability to provide the level of
services Pleasanton residents have consistently said they want. Sales tax revenues are paid by out-of-town visitors patronizing the City’s retail, dining, lodging and entertainment businesses, as do local residents. Costs generated by visitors who impact Pleasanton’s local infrastructure can appropriately be supported through a local sales tax measure. The proposed measure would provide the City with a guaranteed source of local funding for vital City services that will stay local.
Proposed Tax Measure
The base sales tax rate is 10.25% in Alameda County. The cities that have taken action to establish additional sales tax are Alameda, Albany, Hayward, Newark, San Leandro and Union City; all having increased the local sales tax rate by a ½ cent (0.50%), for a total current rate of
10.75%.
The recommendation under consideration for Pleasanton is to place a ½ cent Transactions and Use Tax (known commonly as a "Sales Tax") on the November 2024 ballot. If approved, the Transactions and Use Tax would add a new Chapter 5.40 to Title 5 of the Pleasanton Municipal Code. If approved, the Transactions and Use Tax will be implemented by the California Department of Tax and Fee Administration during the later part of FY 2024/25, at which time businesses would begin to collect the tax; the City would begin receiving revenue thereafter. The total sales tax in Pleasanton would increase from 10.25% to 10.75%.
The proposed tax would be a general tax paid by all consumers purchasing goods in the City and would be used to maintain essential services such as 911 emergency response and police and fire protection services. The additional tax revenue could not be taken by the State of California for any reason or purpose. Sales tax does not apply to groceries or prescription medicines. For large purchases that are delivered (such as appliances) and vehicles, the sales tax is determined by the location where the buyer lives - not by the location of the business where the purchase is made.
Results of Recent Polling
In anticipation of the City Council considering placing a sales tax revenue measure before the voters, the City engaged the services of FM3 Research to conduct a statistically valid poll of likely voters from May 15 to 21, 2024. A representative from FM3 Research will be at the June 18 City Council meeting to present and discuss the survey results, which are summarized below.
• FM3 conducted a statistically valid and representative survey through 438 online and phone interviews with registered voters. After hearing a summary of a ½ cent sales tax measure, 58% of those surveyed indicated support for the general-purpose measure, which is up from 50% “yes” testing a similar measure in September 2023. • Support decreased to 49% with 14% remaining undecided after respondents heard negative or oppositional information on the measure, including statements that the City should cut unnecessary spending, the cost of living is already too high, etc. • Given the 4.9% margin of error for the study, FM3 estimated that a sales tax measure to maintain essential City services and protect Pleasanton’s quality of life may be viable for the November 2024 election with a strong campaign in favor and no organized opposition.
• The survey results indicate that top investment priorities for any new revenue generated are largely related to maintaining and preventing cuts to public safety services, including
police, fire, and 911 emergency response. Secondary priorities are related to maintaining storm drains, streets and roads, and parks, as well as pedestrian safety and preserving open space.
• In general, respondents want to maintain the City’s outstanding quality of life and feel confident that any additional revenue is spent locally and subject to expenditure reports and audits.
Proposed Ballot Question
The draft measure, as preliminarily constructed, addresses areas identified by voters as top priorities. As highlighted in the community survey results that were presented to the City Council on June 4, 2024, 911 emergency response services and public safety services are the most highly-ranked priorities. If approved, the revenue measure to be submitted to the voters would establish a ½ cent, or 0.50%, local rate on retail transactions and sales. The revenue would be collected at point of sale and subsequently remitted to the City by the California Department of Tax and Fee Administration. The measure would be approved if it receives affirmative votes by a majority of eligible City voters (i.e., 50% + 1 vote). The measure would sunset in 10 years. It requires four votes from the City Council to place the sales tax measure on the November ballot.
If the City Council determines to place the measure on the November 2024 municipal election, staff recommends the City Council consider authorizing the following language for the ballot question, which is generally the language that was tested in the voter polling. The language meets the specific legal and technical requirements of the Elections Code for placement of a Transactions and Use Tax measure before the voters. The draft ballot measure language reads as follows:
“To maintain city services and prevent cuts, such as police and fire protection; 911 emergency response; disaster preparedness; pedestrian safety; park maintenance; pothole repair and street maintenance; recreation programs; open space preservation; and other general government uses; shall the City of Pleasanton’s measure to establish a one-half-cent sales tax, providing approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits and public spending disclosure, be adopted?”
Draft Resolution Establishing Election Date to Consider Sales Tax Measure Attachment 2 is the draft resolution to be considered for establishing the election date and other related matters for considering the Transactions and Use Tax.
Draft Ordinance Imposing Transactions and Use Tax
Attachment 3 (Exhibit A to Attachment 2) is the draft ordinance to be adopted for imposing a Transactions and Use Tax.
Next Steps
Staff will receive input from the City Council on the information presented at this meeting. Then at the July 16, 2024 City Council meeting, staff will present the final ballot language, resolution, and ordinance for the City Council's final consideration and action.
EQUITY AND SUSTAINABILITY
Generating sufficient revenue and ensuring the City's fiscal sustainability allows the City to
continue providing programs and services that benefit all residents. These services include programs to advance environmental sustainability by continuing to implement strategies from the City's Climate Action Plan (CAP) 2.0, as well as public safety, recreation, community and economic development and other services that create a livable, vibrant and equitable community.
OUTREACH
Over the last several months, the City has been engaging with the community through various channels such as surveys, meetings, and newsletters to provide information and to assess the viability of a sales tax measure.
STRATEGIC PLAN ALIGNMENT
This item aligns with the ONE Pleasanton strategic plan goal of Funding Our Future that supports financial health and sound fiscal policies.
FISCAL IMPACT
There will be election costs associated with the placement of the measure on the November 2024 ballot. Actual costs will depend on factors such as the number of pages that need to be printed (ballot length), the quantity of guides/ballots to be printed, notices, translation services, etc.
Prepared by: Submitted by: Approved by:
Susan Hsieh, Director of
Finance
Susan Hsieh, Director of Finance
Dan Sodergren, City Attorney
Jocelyn Kwong, City Clerk
Gerry Beaudin, City
Manager
Attachments:
1. Contingency Menu of Potential Service Reductions
2. Draft Resolution
3. Draft Tax Ordinance - Exhibit A to Draft Resolution
Attachment 1
1 City of Pleasanton
Contingency Menu
General Fund Citywide Potential Service Reductions
(Net of revenue reductions)
BUDGET
REDUCTION
STRATEGY
SPECIFIC REDUCTION AREAS BUDGET $
IMPACT
IMPACT OF REDUCTION
A Reduce
Parks, Trees,
and
Landscape
Maintenance
•Reduce maintenance in City parks,
medians, and streets
•Eliminate annual leaf pickup program
$450,000 •Decreased mowing of parks, particularly in neighborhood parks •Reduced trash collection at City parks, which will result in accumulated trash in between pick ups
•Closure of public restrooms in some City parks
•Decreased tree trimming throughout city, which could lead to higher safety risk during wind events
•Decreased vegetation maintenance on medians from once per week to once per month
•Lowered quality appearance of city parks, buildings, medians, streets, and other city/neighborhood areas
•Eliminate 8-week fall leaf pickup program
•Limits the City’s maintenance of storm drain system, creating potential for flooding
B Reduce
Streets and
Facilities
Maintenance
•Reduce trash collection and janitorial
services at City facilities and downtown
•Reduce sidewalk safety and ADA repairs
$800,000 •Lowered user experience and quicker degradation of facility infrastructure
•Reduced trash collection in downtown, which will result in accumulated trash in between pick ups
•Increased opportunity for injuries/lawsuits due to lack of maintenance at non-ADA compliant areas (sidewalks, ramps, etc.)
•Eliminate community banners displayed under the Pleasanton Arch C Reduce
Library
Services
•Reduce daily hours at the library from 62
hours to 40 hours to 11 a.m. - 7 p.m.
Tuesday – Saturday
•Close the library on Sundays and Mondays
$850,000 •Shorter service days impact all residents but particularly families, students, and shift workers by reducing access to services and internet/technology
•Longer wait times at service counters and delays in shelving materials
•Monday closure impacts students at Pleasanton Middle School who participate in the City/Library afterschool program and receive homework help, who may not be able to afford private tutoring otherwise
2 D Reduce
Community
Programming,
Youth and
Senior
Programs,
and Special
Events
•Eliminate City sponsored adult sports
leagues
•Reduce aquatic, youth, senior, and theater
programs
•Eliminate some special events
$1,100,000 •Reduced opportunities for low-cost community programs for all community members
•Eliminate City-sponsored adult softball, basketball, and bocce leagues
•Reduced lap swim and recreational swim hours, and eliminate all aquatics special events
•Eliminate teen programming including Leader in Training, Open Mic Nights and Ptown Web Team
•Reduced support for Friends of the Senior Center activities •Eliminate City use of Amador Theater
•Eliminate the Hometown Holiday Parade
E Reduced Plan
Checking and
Traffic
Management
Programs
•Reduce staffing and consultant contracts
for plan check, inspections, and long-range
planning
•Reduced in-person access to Permit
Center
•Eliminate neighborhood traffic
calming/speed lump program
$550,000 •Delays in the time it takes to have plans checked and permits approved, which leads to delayed turnaround times and slower approvals for development projects
•Closure of in-person Permit Center 2 days per week
•Reduced perception of roadway safety for residents
F Reduce
Sustainability
programming/
services
•Freeze Sustainability Manager position $150,000 •Delayed implementation of CAP 2.0 – which limits City’s ability to achieve strategies that meet reduced emissions goals
•Limits City’s capacity to search and apply for grants, and participate in regional partnerships and related financial funding opportunities for projects like EV chargers and other electrification efforts G Reduce
Funding to
Community
Programs
•Reduce funding by 50% to community grant
programs, including those for human
services and housing grants
•Reduce funding to community
programming, including eliminating subsidy
to Tri-Valley Community Television
$400,000 •Decreased funding for organizations that provide services to our most vulnerable populations, such as Tri-Valley Haven, Open Heart Kitchen, CityServe, Sunflower Hill, Hively, etc.
•Reduced funding by for recreation fee assistance eligible residents •Decreased funding for community-based organizations such as Pleasanton Partnerships in Education, Go Green Initiative, Museum on Main, and Pleasanton Cultural Arts Council
•Decreased access to view public meetings and receive City/public information through TV30 programming
H Reduce
Economic
Development
Services
•Reduce funding by 50% to programs that
encourage economic development
throughout Pleasanton
•Freeze Business License Specialist
position
$300,000 •Reduction of programs and services that support businesses and build a strong local economy including the Pleasanton Downtown Association, Pleasanton Chamber of Commerce, and Visit Tri-Valley •Less funding for business assistance programs
•Less funding to be used toward community activities designed to support downtown
3 •Delayed licensing for new and renewing businesses
I Eliminate City-
funded School
Crossing
Guard
Program
•Eliminate City support for all 23 City-funded
school crossing guards
$450,000 •Decreased perception of traffic/pedestrian safety during school hours J Reduced
Police
Services
•Eliminate specialty services including
School Resource Officer and K9 programs
•Eliminate Tobacco Education program
•Eliminate/reduce ARU program
•Freeze Police Evidence Technician position
•Eliminate part-time and temporary
employees in Records, Dispatch, and
Investigations
$1,350,000 •Extended response time for police for both emergency and non- emergency calls
•Increased incidents at school sites due to reduced on-campus SROs •Increased 5150 and 5585 holds
•Eliminate SCORE Officer that provides tobacco education in schools •Loss of K9s for apprehension and drug detection
•Reduced training for tactical team
•Eliminate Citizen Academy, Teen Academy
•Increased processing time for police records requests
K Reduced Fire
Services
•Close a fire station in Pleasanton $1,500,000 •Reduced emergency response and prevention services •Unable to staff a first alarm fire
•Response times in the affected district would likely more than double, leading to increased loss
•Increased cost of mutual aid responses from neighboring cities •Decreased access to healthcare via 911 for lower income residents •Likely increases to workers compensation costs
L Reduce
Critical
Internal
Service
Functions
•Freeze Chief Diversity Officer position
•Budget reduction for internal facing
departments such as Human Resources,
Information Technology, City Manager’s
Office, and Finance
•Reduction in professional development and
training opportunities
$950,000 •Delayed filling of vacant positions across all departments •Eliminate temporary positions that support departments •Reduced organizational efficiency
•Decreased employee morale and possible increase in employee turnover and vacancies
•Reduced use of technical assistance to support city plans and policies
•Eliminate external support for key issues, including airport monitoring and legislative advocacy
TOTAL $8,850,000
Attachment 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON
ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY
OF PLEASANTON A MEASURE TO APPROVE A ONE-HALF-CENT GENERAL TRANSACTIONS AND USE TAX; REQUESTING THAT THE ALAMEDA
COUNTY BOARD OF SUPERVISORS PERMIT CONSOLIDATION OF THE
PLEASANTON GENERAL MUNICIPAL ELECTION WITH THE STATEWIDE
DIRECT PRIMARY ELECTION TO BE HELD ON THE SAME DATE
WHEREAS, the City Council of the City of Pleasanton (“City Council”) desires to submit to the voters a measure to approve a one-half-cent General Transactions and Use Tax at a General Municipal Election to be held on November 5, 2024; and WHEREAS, on June 4, 2024, the City Council adopted Resolution No. 2024-037 calling for the holding of a General Municipal Election and Resolution No. 2024-038 requesting the Board of Supervisors of the County of Alameda to consolidate a General Municipal Election to be held on November 5, 2024, with a Statewide General Election to be held on that date pursuant to section 10403 of the Elections Code for the purpose of the election of a Mayor to a two-year term, and two Members of the City Council from Districts 2 and 4 to a four-year term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1.Pursuant to the requirements of section 10403 of the Elections Code, the Board of Supervisors of the County of Alameda is hereby requested to consent and agree to the consolidation of a General Municipal Election to be held on November 5, 2024, with a Statewide General Election to be held on that date for the purpose of submitting to the qualified voters of the City the ballot measure set forth in the ballot question shown below in Section 4.
SECTION 2.Pursuant to California Constitution Article XIIIC, Section 2, Government Code Section 53724, and Elections Code Section 9222, the City Council of the City of Pleasanton hereby calls an election at which it shall submit to the qualified voters of the City a measure to impose a one-half percent (0.5%) general transactions and use (sales) tax, as authorized by Revenue and Taxation Code section 7285.9. The measure shall be entitled the Pleasanton Essential Services Protection Measure.
SECTION 3. The proposed complete text of the Ordinance submitted to the voters pursuant to Section 2 is set forth in Exhibit A. The City Council hereby approves the Ordinance, the form thereof, and its submission to the voters of the City at the November 5, 2024 election, as required by Revenue and Taxation Code section 7285.9, subject to the approval of a majority of the voters voting on the measure.
Resolution No.
SECTION 4. The City Council, pursuant to its right and authority, does order submitted to the voters at the General Municipal Election on November 5, 2024, the following question, which question shall require the approval of a majority (50%+1) of qualified electors casting votes to pass:
YESTo maintain city services and prevent cuts, such as police and fire protection; 911 emergency response; disaster
preparedness; pedestrian safety; park maintenance;
pothole repair and street maintenance; recreation
programs; open space preservation; and other general
government uses; shall the City of Pleasanton’s measure to establish a one-half-cent sales tax, providing
approximately $10,000,000 annually for 10 years, keeping all funds local, with annual audits and public spending disclosure, be adopted?
NO
SECTION 5. The ballots to be used at the election shall be in form and content as required by law. The City Clerk is authorized, instructed and directed to coordinate with the County of Alameda Registrar to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. The City of Pleasanton recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs.
SECTION 6. That the Alameda County Registrar of Voters is authorized to canvass the returns of the municipal election. The election shall be held in all respects as if there were only one election.
SECTION 7.In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections and that the City Clerk is authorized to transmit a certified copy of this resolution to the Alameda County Board of Supervisors and the Alameda County Registrar of Voters.
SECTION 8. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et.seq., “CEQA,” and 14 Cal. Code Reg. §§ 15000 et. seq., “CEQA Guidelines”). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. Accordingly, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant
Resolution No.
physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the City would undertake the required CEQA review for that particular project. Therefore, pursuant to CEQA Guidelines section 15060 CEQA analysis is not required.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on [Month DD, YYYY].
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the [DD] day of [Month, YYYY], by the following vote:
Ayes:
Noes:
Absent:
Abstain
_____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
_______________________________
Daniel G. Sodergren, City Attorney
Attachment 3 - Exhibit A to Attachment 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PLEASANTON IMPOSING A TRANSACTIONS
AND USE TAX TO BE ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX
AND FEE ADMINISTRATION
THE PEOPLE OF THE CITY OF PLEASANTON DO HEREBY ORDAIN AS FOLLOWS:
SECTION 1.A new Chapter 5.40 is hereby added to Title 5 of the Pleasanton Municipal Code to read as follows:
Chapter 5.40
Transaction and Use Tax
5.40.010 Title. This ordinance shall be known as the City of Pleasanton Transactions and Use Tax Ordinance. The city of Pleasanton hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.
5.40.020 Operative Date. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance.
5.40.030 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part
1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.
Ordinance No.
5.40.040 Contract with State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.
5.40.050 Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of
0.50% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.
5.40.060 Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of- state destination. The gross receipts from such sales shall include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.
5.40.070 Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 0.50% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.
5.40.080 Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.
5.04.090 Limitations of Adoption of State Law and Collection of Use Taxes. In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:
1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Treasury, or the Constitution of the State of California;
2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax
Ordinance No.
while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or; b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.
4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000). For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.
5.40.100 Permit Not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.
5.40.110 Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.
2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and b. With respect to commercial vehicles, by registration to a place of business out-of-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.
Ordinance No.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:
1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.
7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.
Ordinance No.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.
5.40.120 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.
5.40.130 Enjoining Collection Forbidden. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
5.40.140 Severability.If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
5.40.150 Audit. Beginning with the fiscal year that ends June 30, 2025, the City’s independent auditors shall, as part of their annual audit of the City’s financial statements, review the collection and expenditure of revenue from the tax authorized by this chapter. The auditors’ review shall be a public document.
5.40.160 Termination Date. The authority to levy the tax imposed by this ordinance shall expire on the last calendar month that is 10 years following the Operative Date.
SECTION 2. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately.
SECTION 3.A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen (15) days after its adoption.
The foregoing Ordinance was approved and adopted by the voters of the City of Pleasanton on November 5, 2024.
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
APPROVED AS TO FORM:
Ordinance No.
____________________________
Daniel G. Sodergren, City Attorney