CITY COUNCIL
REGULAR MEETING AGENDA
Tuesday, July 16, 2024
7:00 PM
City Council Chamber
200 Old Bernal Avenue
Pleasanton, CA 94566
The meeting will be held in-person, broadcast live on Channel 29 and at https://www.trivalleytv.org and streamed at https://www.youtube.com/user/TheCityofPleasanton.
Public participation: It is requested that members of the public wishing to address the City Council submit a speaker card. When public comment is opened on an agenda item, individuals may speak once per agenda item.
To submit written public comment regarding an open session item on this meeting agenda visit https://forms.cityofpleasantonca.gov/f/writtenpubliccomment. Comments will be accepted by the City Clerk’s Office until 12:00 p.m. on the day of the Council meeting.
In Person at Council Chamber:
• Submit a physical speaker card to the City Clerk at the meeting. When your name is called, please provide comment at the podium.
CALL TO ORDER
• Pledge of Allegiance
• Remarks by Councilmember Nibert
• Roll Call
Resolution No. 2024-050
Ordinance No. 2283
REPORT ON CLOSED SESSION
AGENDA AMENDMENTS
CONSENT CALENDAR
Items listed on the consent calendar are considered routine in nature and may be enacted by one motion. If discussion is required, that particular item will be removed from the consent calendar and will be considered separately.
City Manager
1. Approve meeting minutes of May 21 and June 4, 2024
2. Adopt a resolution approving the Waste and Recycling Manager position and approve budget amendments in the Pleasanton Garbage Services Reserve Fund
3. Receive an update on the process and timeline to explore the establishment of
City Council Agenda Page 2 of 4 July 16, 2024
Pleasanton as a charter city
Community Development
4. Actions of the Zoning Administrator and Planning Commission
5. Introduce an ordinance approving the application for Planned Unit Development Major Modification to subdivide an approximately 1.4-acre parcel located at 3450 Mohr Avenue into two parcels measuring approximately 44,237 square feet (Lot 1) and approximately 17,123 square feet (Lot 2) and to construct an approximately 2,288-square-foot addition to the existing residence on Lot 1, as filed under Case No. PUD-18-07M
Finance
6. Accept the monthly disbursements and investment report for May 2024 Library and Recreation
7. Approve a one-year agreement with Prime Time Entertainment for theater production services with the option to extend up to four additional one-year terms for a five-year total not to exceed amount of $550,000
8. Approve a third amendment to the professional services agreement with American Cemetery Maintenance and Burial for grounds maintenance and burial services for the Pleasanton Pioneer Cemetery for an amount not to exceed $605,920 through December 31, 2026
Police
9. Adopt a resolution authorizing application to the State of California Office of Traffic Safety's Selective Traffic Enforcement Program Grant in the amount of $140,400
10. Adopt a resolution authorizing application to the U.S. Department of Justice's Office of Justice Programs' Bureau of Justice Assistance's Patrick Leahy Bulletproof Vest Partnership Grant in an amount up to $40,000
Public Works
11. Adopt a resolution of Summary Vacation for Public Service Easement at 4035 Equus Court (Tract 6275 Lot 6)
12. Approve a professional services agreement with Sequoia Ecological Consulting, Inc. in the amount of $137,834 to prepare environmental documents, establishing a new project, Augustin Bernal Fuel Management CIP No. 25783, and budget amendments in the Miscellaneous Capital Improvement Program Grants Fund
13. Approve as-needed maintenance and trade services agreements for heating,
City Council Agenda Page 3 of 4 July 16, 2024
ventilation, and air conditioning general maintenance infrastructure repairs with the option to extend two additional one-year extensions with satisfactory performance
14. Approve a three-year maintenance agreement with (Sweeping Corp of America) SCA of CA, LLC in the not-to-exceed amount of $1,341,437 for citywide street sweeping services with the option to extend two additional one-year extensions
15. Approve the purchase of an Enforcer Light/Breathing Air Heavy Duty Rescue Fire Engine in the amount of $1,565,172 and approve a budget amendment in the Fire Apparatus Replacement Fund
16. Approve the 2024 City Standard Specifications and Details
17. Receive an update on Water System Activities
18. Accept the engineering report and recommendation for the 35 percent design of the West Las Positas Boulevard Multimodal Reconstruction Project, CIP No. 11514, and authorize the City Manager to issue an amendment to the professional services agreement with Mark Thomas & Company, Inc. for an additional $2,249,371 for a new total of $2,773,516 to complete 100 percent design of the build from Hopyard Road to Stoneridge Drive
MEETING OPEN TO THE PUBLIC
19. Presentation of a Proclamation recognizing July as Parks and Recreation Month
20. Presentation of a commendation recognizing Connor Lam
21. Public Comment regarding items not listed on the agenda – Speakers are limited to 3 minutes.
PUBLIC HEARINGS AND OTHER MATTERS
If necessary to ensure completion of the following items, the Mayor may alter time limits.
22. Adopt a resolution ordering the submission to the qualified electors of the City of Pleasanton a measure to approve a half-cent general Transactions and Use Tax; requesting the Alameda County Board of Supervisors permit consolidation of the Pleasanton general municipal election with the statewide general election to be held on the same date; approve an ordinance imposing a Transactions and Use Tax to be administered by the California Department of Tax and Fee Administration; and consider the filing of arguments related to the measure
23. Adopt a resolution approving a CEQA Guidelines Section 15183 Consistency Checklist pursuant to the City of Pleasanton Housing Element Update Final Environmental Impact Report (FEIR); adopt a resolution to approve an application for Annexation (P22-1089); introduce ordinances, and waive the first readings, to approve a Planned Unit Development (PUD) development plan (PUD-147) to
City Council Agenda Page 4 of 4 July 16, 2024
construct a 111-lot residential subdivision, including an age-qualified community with 92 single-family detached homes, 18 affordable senior courtyard detached and duet homes, one existing single-family residence, and related on-and off-site improvements and a Pre-Annexation and Development Agreement (P24-0378); adopt a resolution to approve a Vesting Tentative Map (Tract 8522); and adopt a resolution approving an Affordable Housing Agreement for the proposed project
MATTERS INITIATED BY COUNCIL
COUNCIL REPORTS
Brief reports on conferences, seminars, and meetings attended by the Council
ADJOURNMENT
Notice
Under Government Code §54957.5, any writings/documents regarding an open session item on this agenda and items received by the City Clerk’s Office by 12:00 p.m. on the day of the meeting provided to a majority of the City Council after distribution of the agenda packet will be available for public inspection on the City’s website https://www.cityofpleasantonca.gov/ and also at the Pleasanton Library located at 400 Old Bernal Ave., Pleasanton, CA 94566.
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders, which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure § 1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited, by California law, including but not limited to Government Code §65009, to raising only those issues you or someone else raised in the public hearing, or in written correspondence delivered to the City Council prior to or at the public hearing. The City Council may be requested to reconsider a decision if the request is made prior to the next City Council meeting, regardless of whether it is a regular or special meeting.
Accessible Public Meetings
The City of Pleasanton can provide special assistance for persons with disabilities to participate in public meetings. To make a request for a disability-related modification or accommodation (e.g., an assistive listening device), please contact the City Clerk’s Office at 123 Main Street, Pleasanton, CA 94566 or (925) 931-5027 at the earliest possible time. If you need sign language assistance, please provide at least two working days’ notice prior to the meeting date.
City Council Minutes Page 1 of 1 May 21, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, May 21, 2024
4:30 PM
CALL TO ORDER
Mayor Brown called the closed session meeting of the City Council to order at the hour of 4:30 p.m. from the City Council Conference Room located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None.
1. PUBLIC COMMENT
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
2. ADJOURN TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2)(d) of Section 54956.9:
One potential case: See April 23, 2024 letter from Bryan W. Wenter
ADJOURNMENT
Mayor Brown adjourned the meeting at 4:58 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #1
City Council Minutes Page 1 of 1 May 21, 2024
CITY OF PLEASANTON
CITY COUNCIL
SPECIAL MEETING - WORKSHOP
MINUTES
Tuesday, May 21, 2024
5:00 PM
CALL TO ORDER
Mayor Brown called the meeting to order at the hour of 5:01 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None
PUBLIC COMMENT
Mayor Brown opened public comment. The following individuals provided comment:
Christopher Ota, Melissa Tench Stevens, Gary Kirscher, Craig Freeman, Kate Roush, Jill Miller, Amanda Brown, David Ott.
Mayor Brown closed the public comment.
WORKSHOP
2. Receive a report outlining a contingency menu of potential service reductions that would be discussed further as part of addressing the forecasted structural budget deficit
Presentation by Gerry Beaudin, City Manager, Susan Hsieh, Finance Director, Pamela Ott, Assistant City Manager.
ADJOURNMENT
Mayor Brown adjourned the meeting at 6:45 p.m.
Jocelyn Kwong, City Clerk
_________________________
GHAD Minutes Page 1 of 2 May 21, 2024
CITY OF PLEASANTON
GEOLOGIC HAZARD ABATEMENT DISTRICT
MINUTES
Tuesday, May 21, 2024
6:55 PM
CALL TO ORDER
Chair Brown called the GHAD meeting to order at the hour of 6:55 p.m. from the Council Chamber located at 200 Old Bernal Avenue
ROLL CALL
Present: Boardmembers Arkin, Balch, Nibert, Testa, Chair Brown
Absent: None.
PUBLIC COMMENT
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
CONSENT CALENDAR
Public Works
1. Adopt resolutions approving the Engineer’s reports for the Geologic Hazard Abatement Districts (GHADs) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm; declaring the Board’s intention to assess the properties for the cost to operate and maintain the Districts; and setting June 18, 2024, at 6:55 p.m., as the date and time for the public hearing
Recommendation: Adopt Resolution Nos. GHAD 2024-141, 2024-142, 2024-143, and 2024-144, approving the Engineer's Reports for the geologic hazard abatement districts (GHADs) for Laurel Creek, Moller Ranch, Lemoine Ranch, and Oak Tree Farm; declaring the Board's intention to assess the properties for the cost to operate and maintain the districts; and setting June 18, 2024, at 6:55 p.m., as the date and time for the public hearing; and direct the Clerk of the Districts to mail a notice of the public hearing to the owners of real property located within each GHAD.
GHAD Minutes Page 2 of 2 May 21, 2024
Presentation by Michael Stella, Senior Civil Engineer.
MOTION: It was m/s by Arkin/Testa to approve the item as recommended. Motion passed by the following vote:
Ayes: Boardmembers Arkin, Balch, Nibert, Testa, Chair Brown Noes: None
Absent: None
ADJOURNMENT
Mayor Brown adjourned the meeting at 6:59 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 6 May 21, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, May 21, 2024
7:00 PM
CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:00 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
Councilmember Testa provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None.
REPORT ON CLOSED SESSION
City Attorney Sodergren stated there was no reportable action.
AGENDA AMENDMENTS
City Manager Beaudin stated staff amendments to the agenda included continuing item 6 to the June 4, 2024 City Council meeting, and removing item 14 due to the recipient being absent from the meeting.
CONSENT CALENDAR
Councilmember Balch pulled item 4 from the consent calendar for further discussion.
MOTION: It was m/s by Arkin/Balch to approve the consent calendar as recommended except for items 4 and 6. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
City Council Minutes Page 2 of 6 May 21, 2024
1. Approve meeting minutes of April 16, 2024
Recommendation: Approve meeting minutes of April 16, 2024.
2. Approve first amendment to the professional services agreement with HF&H consultants, LLC for solid waste system technical assistance services to increase the amount of the agreement by $100,000 for a total amount not to exceed $200,000
Recommendation: Approve first amendment to the professional services agreement with HF&H consultants, LLC for solid waste system technical assistance services to increase the amount of the agreement by $100,000 for a total amount not to exceed $200,000.
3. Approve flying of the commemorative Progress Pride Flag pursuant to the City's Flag Policy
Recommendation: Staff recommends that a member of the City Council request display of the Progress Pride Flag and authorize display of the commemorative Pride Flag for the month of June 2024.
Community Development
5. Actions of the Zoning Administrator and Planning Commission Recommendation: Actions of the Zoning Administrator and Planning Commission.
6. Adopt a resolution approving the Ridge View Commons Senior Rental Housing Complex's Amended and Restated Loan Agreement, Ground Lease and Regulatory Agreement, and authorize the City Manager to execute all documents, including subordination agreements, and take all steps necessary to refinancing and renovation of Ridge View Commons
Item continued to the June 4, 2024, City Council meeting.
7. Continued from May 7, 2024 - Approve and authorize the City Manager to execute the second amendment to the Maintenance Services Agreement with St. Francis Electric for routine signal maintenance, signal upgrades, and emergency repairs, extending the contract term to June 30, 2025, increasing the rates for maintenance of intersections, beacons, and in-pavement lights, and amending the compensation to a not-to-exceed annual amount of $500,000
Recommendation: Approve and authorize the City Manager to execute the second amendment to the Maintenance Services Agreement with St. Francis Electric for routine signal maintenance, signal upgrades, and emergency repairs, extending the contract term to June 30, 2025, increasing the rates for maintenance of intersections, beacons, and in-pavement lights, and amending the compensation to a not-to-exceed annual amount of $500,000.
City Manager
City Council Minutes Page 3 of 6 May 21, 2024
Finance
8. Accept the Monthly Disbursements and Investment Report for March 2024 Recommendation: Accept claim disbursements in the amount of $15,652,115 and the investment report for the month of March 2024.
Library and Recreation
9. Approve the submittal of an application to the California State Library for grant funds in the amount of $42,948 for fiscal year 2024/25
Recommendation: Approve the submittal of an application to the California State Library for grant funds in the amount of $42,948 for fiscal year 2024/25.
Public Works
10. Adopt a Resolution of Summary Vacation for a Public Service Easement at 870 St.
John Court
Recommendation: Approve Resolution No. 2024-029 of Summary Vacation as it meets the following requirements:
1. The City Council may summarily vacate a public service easement if it has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation (§8333(a)).
2. The City Council may vacate the street, highway, or public service easement by adopting a Resolution of Summary Vacation (§8335(a)(1)).
3. The Resolution of Summary Vacation must state the following (§8335(b)):
a. That the vacation is made under this chapter; and
b. That the vacation area is precisely described; and
c. That the facts under which this summary vacation is made are as stated in this report; and
d. That from and after the date this Resolution of Summary Vacation is recorded with the Alameda County Recorder’s Office, the street, highway, or public service easement vacated no longer constitutes a street, highway, or public service easement; and
e. That notice of the Resolution of Summary Vacation has been provided to all entities having any right, title, or interest in the public service easement.
11. Approve as-needed Maintenance and Trade Services Agreements for Facilities,
City Council Minutes Page 4 of 6 May 21, 2024
Utilities, Streets, Parks, Fleet, and Environmental Services Divisions for General Maintenance Infrastructure Repairs
Recommendation: Approve the recommended three-year as-needed agreements for the six Public Works divisions.
12. Adopt resolutions approving the Engineer’s reports for Landscape Maintenance Districts 1984-1 (Ponderosa-Del Prado), 1993-1 (Windsor), 1993-2 (Bonde Ranch), 1994-1 (Oak Tree Farm), and 1995-1 (Moller Ranch), declaring the City’s intention to assess the properties for the cost to operate and maintain the Districts; and setting June 18, 2024, at 7:00 P.M. as the date and time for the public hearing Recommendation: Adopt Resolution Nos. 2024-030, 2024-031, 2024-032, 2024- 033, 2024-034 approving the Engineer’s reports for Landscape Maintenance Districts 1984-1 (Ponderosa-Del Prado), 1993-1 (Windsor), 1993-2 (Bonde Ranch), 1994-1 (Oak Tree Farm), and 1995-1 (Moller Ranch), declaring the City’s intention to assess the properties for the cost to operate and maintain the Districts; and setting June 18, 2024, at 7 p.m. as the date and time for the public hearing, and authorize the City Clerk to advertise a Notice of Annual Hearing (Cal. Streets & Highways Code §22626) 10 days prior to the hearing.
MEETING OPEN TO THE PUBLIC
13. Presentation of a proclamation recognizing May as Older Americans Month Councilmember Testa presented the proclamation to recipient Friends of the Senior Center.
14. Presentation of a proclamation recognizing May as Lupus Awareness Month Item removed from the meeting agenda.
15. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. The following individuals provided comment:
Jamie Yee, Vicki LaBarge.
Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
16. Appeal of Planning Commission’s denial of application P23-0599 for Design Review and a Vesting Tentative Map for a housing development that includes the demolition of two existing commercial buildings and construction of 146 multi-family residential units with
City Council Minutes Page 5 of 6 May 21, 2024
38 accessory dwelling units with associated site improvements located at 5976 & 5994 West Las Positas Boulevard
Recommendation: Adopt Resolution No. 2024-035 upholding the Planning Commission's denial of applications for Design Review and Vesting Tentative Tract Map, filed as P23-0599.
Presentation by Diego Mora Assistant Planner.
Comments provided by applicant True Life Companies as represented by Bryan W.
Wenter.
Mayor Brown opened public comment. The following individuals provided comment:
Chip Menard, Ty Menard, Loraine Magee, Chris Beniston, Sean Dreger, Leah Beniston.
Mayor Brown closed the public comment.
Rebuttal comments provided by Applicant True Life Companies as represented by Bryan W. Wenter.
MOTION: It was m/s by Nibert/Testa to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown called a recess at 8:45 p.m. and reconvened at 8:50 p.m.
17. Adopt a resolution accepting the fiscal year 2024/25 mid-term update for operating and capital budget
Recommendation: Adopt Resolution No. 2024-036 accepting the fiscal year 2024/25 mid-term update for operating and capital budget.
Presentation by Susan Hsieh, Finance Director and Chris Yi, Finance Manager.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
MOTION: It was m/s by Nibert/Arkin to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Nibert, Testa, Mayor Brown
Noes: Councilmembers Balch
Absent: None
18. Receive a report and presentation on the use of Section 115 Pension Trust Funds
City Council Minutes Page 6 of 6 May 21, 2024
and provide feedback to staff
Recommendation: Receive a report and presentation on the use of pension trust funds and provide feedback to staff.
Presentation by consultant Doug Pryor of Foster & Foster.
4. Adopt a resolution to approve rates for solid waste, recyclable materials, and organic materials collection for fiscal year 2024/25 as required by the franchise agreement between the City and Pleasanton Garbage Service, Inc.
Recommendation: Adopt Resolution No. 2024-028 to approve rates for solid waste, recyclable materials, and organic materials collection for fiscal year 2024/25 as required by the franchise agreement between the City and Pleasanton Garbage Service, Inc.
MOTION: It was m/s by Balch/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
By majority consensus, the City Council agreed to a future discussion to finalize the City Council norms.
COUNCIL REPORTS
City Councilmembers reported on regional and local meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 11:22 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 1 June 4, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, June 4, 2024
6:00 PM
CALL TO ORDER
Mayor Brown called the closed session meeting of the City Council to order at the hour of 6:00 p.m. from the City Council Conference Room located at 200 Old Bernal Avenue.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None.
1. PUBLIC COMMENT
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
2. ADJOURN TO CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2)(d) of SEction 54956.9: One potential case: See November 7, 2023 letter from Thomas B. Mayhew and Charles J.
Higley
ADJOURNMENT
Mayor Brown adjourned the meeting at 7:07 p.m.
______________________
Jocelyn Kwong, City Clerk
City Council Minutes Page 1 of 6 June 4, 2024
CITY OF PLEASANTON
CITY COUNCIL
MINUTES
Tuesday, June 4, 2024
7:00 PM
CALL TO ORDER
Mayor Brown called the Regular Meeting of the City Council to order at the hour of 7:10 p.m. from the Council Chamber located at 200 Old Bernal Avenue.
Councilmember Arkin provided opening remarks.
ROLL CALL
Present: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown
Absent: None
REPORT ON CLOSED SESSION
City Attorney Sodergren stated there was no reportable action.
AGENDA AMENDMENTS
None.
CONSENT CALENDAR
Councilmembers Balch and Arkin removed item 8 from the consent calendar for further discussion.
MOTION: It was m/s by Arkin/Testa to approve the consent calendar except for item 8.
Motion passed by the following vote:
City Manager
1. Approve minutes of the April 30, 2024 City and PUSD joint meeting, May 7, 2024 Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
City Council Minutes Page 2 of 6 June 4, 2024
Joint Powers Financing Authority meeting, and May 7, 2024 City Council workshop and regular meetings
Recommendation: Approve minutes of the April 30, 2024 City and PUSD joint meeting, May 7, 2024 Joint Powers Financing Authority meeting, and May 7, 2024 City Council workshop and regular meetings
2. Adopt a Resolution Calling a General Municipal Election to be held Tuesday, November 5, 2024; a Resolution Requesting Consolidation with the Statewide General Election; and a Resolution Pertaining to the Submission of Candidate Statements
Recommendation: Adopt Resolution No. 2024-037 calling a General Municipal Election to be held Tuesday, November 5, 2024; Resolution No. 2024-038 requesting consolidation with the Statewide General Election; and Resolution No. 2024-039 pertaining to the submission of candidate statements.
Community Development
3. Actions of the Zoning Administrator and Planning Commission Recommendation: Actions of the Zoning Administrator and Planning Commission.
4. Adopt Ordinance No. 2280 approving the application for a planned unit development (PUD) development plan to establish development standards and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to an existing single-family residence located at 544 Sycamore Road, as filed under Case No.
PUD-149
Recommendation: Adopt Ordinance No. 2280 approving the application for a planned unit development (PUD) development plan to establish development standards and construct a 1,117-square-foot addition to the front, a 65-square-foot attached front covered porch, and a 160-square-foot attached rear covered porch to an existing single-family residence located at 544 Sycamore Road, as filed under Case No. PUD-149.
5. Approve and authorize the City Manager to execute First Amendments to the oncall Professional Services Agreements with FirstCarbon Solutions and Rincon Consulting, extending the term of the Agreements for one year, through June 30, 2025
Recommendation: Approve and authorize the City Manager to execute First Amendments to the on-call Professional Services Agreements with FirstCarbon Solutions and Rincon Consulting, extending the term of the Agreements for one year, through June 30, 2025.
City Council Minutes Page 3 of 6 June 4, 2024
6. Approve and authorize the City Manager to execute the Subscription Services Agreement and Order Form for the Accela SaaS Multi-Solution User Service, with aggregate annual payments totaling $1,481,846 over a seven-year term, and approve and authorize the City Manager to execute the Statement of Work Agreement for implementation of this cloud-based service, for a one-time cost not to exceed $90,850, which includes 15 percent contingency Recommendation: Approve and authorize the City Manager to execute the attached Subscription Services Agreement, Order Form, and Statement of Work with Accela for a one-time implementation cost of $79,000, plus an additional contingency amount of 15 percent for additional unforeseen costs associated with the implementation (total not to exceed amount of $90,850), and an initial term of seven years at a total aggregate cost of $1,481,846 over the seven-year period.
7. Continued from May 21, 2024 - Adopt a resolution approving the Ridge View Commons Senior Rental Housing Complex's Amended and Restated Loan Agreement, Ground Lease and Regulatory Agreement, and authorize the City Manager to execute all documents, including subordination agreements, and take all steps necessary to refinancing and renovation of Ridge View Commons Recommendation: Adopt Resolution No. 2024-040 to:
1. Approve an Amended and Restated Ground Lease, an omnibus Assignment and Amendment to Loan Documents, an Amended and Restated Promissory Note, a Leasehold Deed of Trust, and a Regulatory Agreement, and authorize the City Manager, or designee, to execute each such document substantially in the forms attached to the Resolution, with such modifications as may be approved by the City Manager in consultation with the City Attorney.
2. Allow subordination of the City's Leasehold Deed of Trust to deeds of trust and regulatory agreements to be executed for the benefit of the project construction lender and required in connection with the bond financing for the project; and
3. Authorize the City Manager, or designee, to execute such additional documents and to take all steps necessary to implement the transactions described in this Agenda Report and the Resolution.
Library and Recreation
Item 8 pulled from Consent Calendar.
Public Works
9. Introduce and waive first reading of an ordinance updating Pleasanton Municipal Code, Chapter 9.14, to conform with obligations specified in the City's Municipal Regional National Pollutant Discharge Elimination System Permit
City Council Minutes Page 4 of 6 June 4, 2024
Recommendation: Introduce and waive first reading of Ordinance No. 2281 updating Pleasanton Municipal Code, Chapter 9.14, to conform with obligations specified in the City's Municipal Regional National Pollutant Discharge Elimination System Permit.
MEETING OPEN TO THE PUBLIC
10. Recognition of Pleasanton Community Academy graduates Mayor Brown presented the recognition of the graduates.
11. Presentation of a proclamation declaring June as Pride Month Councilmember Arkin presented the proclamation to recipient Donalyn Harris with Tri-Valley PFLAG.
The Mayor opened public comment. The following individual provided comment:
Charles Henze. Mayor Brown closed public comment.
12. Presentation of a proclamation declaring June 7, 2024 as National Gun Violence Awareness Day
Councilmember Arkin presented the proclamation to recipient Anne with Valley Moms Against Violence.
13. Public Comment regarding items not listed on the agenda Mayor Brown opened public comment. The following individuals provided comment:
Knut Ojermark, Krishna Chidambaram, Milli Patel, Eva Ruparel.
Mayor Brown closed the public comment.
PUBLIC HEARINGS AND OTHER MATTERS
14. Presentation of Community Survey and Public Engagement Results to Further Explore the Feasibility of a Revenue Measure
Recommendation: Receive a presentation of community survey and public engagement results to further explore the feasibility of a revenue measure.
Presentation by Susan Hsieh, Finance Director, and Pamela Ott, Assistant City Manager.
Mayor Brown opened public comment. The following individuals provided
City Council Minutes Page 5 of 6 June 4, 2024
comment: Brian Jewell, Jason Hunter, Megan Campbell, Seema Chawla.
Mayor Brown closed the public comment.
15. Introduce and waive first reading of an ordinance approving the Sixth Amendment to the Development Agreement for the Stoneridge Shopping Center, located at 1008 through 1700 Stoneridge Mall Road, governing a previously-approved approximately 362,790 square-foot shopping center expansion to extend the term for six months, with potential additional extensions of either 18 months or two years, and a further potential extension of two years thereafter, subject to the completion of performance standards as set forth in the proposed amendment
Recommendation:
1. Find the proposed sixth amendment to the Stoneridge Shopping Center Development Agreement to be exempt from further review under the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21083.3 and CEQA Guidelines section 15183.
2. Introduce Ordinance No. 2282 approving the Sixth Amendment to the Development Agreement to extend the term for six months with potential additional extensions of the term and direct the City Manager to execute the same.
Presentation by Ellen Clark, Community Development Director.
Mayor Brown opened public comment.
Comments were provided by Cecily Barclay for the project applicant Simon Group.
The following individuals provided comment: Jerry Hunt, Kameron Klotz.
Rebuttal comments were provided by Cecily Barclay for the project applicant, Simon Group.
Mayor Brown closed the public comment.
It was moved by Councilmember Arkin to approve a $50,000 payment at 3 months by September 30, 2024, with additional obligation that a contract for a parking consultant be in place by the end of the 3 month period. Motion failed for lack of second.
MOTION: It was m/s by Testa/Nibert to approve the item as recommended. Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
Mayor Brown called a recess at 10:06 p.m. and reconvened at 10:10 p.m.
City Council Minutes Page 6 of 6 June 4, 2024
16. Receive an Update on the First Year of Implementation of the Five-year Citywide Strategic Plan
Recommendation: Receive an Update on the First Year of Implementation of the Five-year Citywide Strategic Plan.
Presentation by Alexa, Jeffress, Deputy City Manager.
Mayor Brown opened public comment. There being no speakers, Mayor Brown closed the public comment.
8. Adopt an Updated Resolution for Access to Augustin Bernal Park through Golden Eagle Estates and Rescind Resolution No. 93-44
Recommendation: Adopt Resolution No. 2024-041 for access to Augustin Bernal Park through Golden Eagle Estates and rescind Resolution No. 93-44.
MOTION: It was m/s by Brown/Testa to adopt the resolution as recommended and to include the following modifications: provide an annual residency pass for youth, add a $10 per week fee for non-resident passes, update the Management Plan section 3(a)(i) to read "Pleasanton School Student Identification Card" and request from Golden Eagle Estates an earlier opening access time of 7:00 a.m. described in section 2(a).
Motion passed by the following vote:
Ayes: Councilmembers Arkin, Balch, Nibert, Testa, Mayor Brown Noes: None
Absent: None
MATTERS INITIATED BY COUNCIL
Councilmember Balch requested an update by memorandum on the progress of economic development in the city, including city businesses and internal operations such as business permits. The City Manager agreed to provide a future update.
Mayor Brown requested, and by majority consensus, the Council agreed to a future discussion to consider changing the start time of regular City Council meetings to begin at 6:00 p.m.
COUNCIL REPORTS
City Councilmembers reported on regional and local meetings attended.
ADJOURNMENT
Mayor Brown adjourned the meeting at 11:00 p.m.
______________________
Jocelyn Kwong, City Clerk
Item #2
CITY COUNCIL AGENDA REPORT
July 16, 2024
City Manager
TITLE: ADOPT A RESOLUTION APPROVING THE WASTE AND RECYCLING
MANAGER POSITION AND APPROVE BUDGET AMENDMENTS IN THE
PLEASANTON GARBAGE SERVICES RESERVE FUND
SUMMARY
The City Council recently approved a cost-based rate adjustment for solid waste, recyclable materials, and organic materials collection for Fiscal Year 2024/25. The approved resolution allocated a portion of the revenue generated by the rate adjustment to support a new Waste and Recycling Manager position to oversee the City’s waste and recycling team and the Garbage Franchise Agreement, as well as other waste and recycling related programs and projects. This resolution enacts the City Council’s direction by amending the FY 2024/25 operating budget to add the Waste and Recycling Manager position. This position is entirely funded by garbage rates and will therefore have no impact to the General Fund. As part of the restructuring of the Public Works Department to increase operational efficiency, the Waste and Recycling program, including this position, and other positions supporting the City's waste and recycling efforts, will be transitioned to the Public Works Department later this fiscal year.
RECOMMENDATION
Adopt a resolution approving the Waste and Recycling Manager position and approve budget amendments in the Pleasanton Garbage Services Reserve Fund.
BACKGROUND
At its meeting on May 21, 2024, the City Council approved a cost-based rate adjustment for solid waste, recyclable materials, and organic materials collection for Fiscal Year 2024/25. The resolution approved by the City Council included the introduction of $500,000 for City staff costs to facilitate compliance with SB 1383, which requires cities and waste facilities to implement, measure, and report organic waste activity to reduce greenhouse gas emissions by diverting organic waste from landfills. Staffing identified to be funded included an existing Management Analyst and an existing Recycling Coordinator, as well as a new Waste and Recycling Manager position that had not yet been created. At the time of the approval, the staff report stated that once all position-related details had been finalized, staff would bring a recommendation to add the new Waste and Recycling Manager position, which will be 100 percent funded with non-General Fund dollars.
DISCUSSION
Adding three to five full-time staff to support the City’s waste and recycling program was outlined in the SB 1383 Action Plan adopted by the City Council on July 20, 2021. Currently, the City has 2.30 Full-Time Equivalent (FTE) staff allocated to waste and recycling. This includes a portion of the Assistant to the City Manager position, a full-time Management Analyst and a Recycling Coordinator. With the City's waste and recycling program expanding to comply with new SB 1383 requirements, some of the revenue generated by the proposed
cost-based adjustment to garbage rates is being allocated to support the new Waste and Recycling Manager position that will oversee the City’s waste and recycling team and the Franchise Agreement, as well as other waste and recycling related programs and projects.
As part of the restructuring of the Public Works Department to increase operational efficiency, the Waste and Recycling program, including this position, and other positions supporting the City's waste and recycling efforts, will be transitioned to the Public Works Department later this fiscal year.
EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community. Waste and recycling rates take into account both equity and sustainability considerations to ensure fair access to services and promote environmentally responsible waste management practices. The cost of waste disposal is vital to ensuring that the services the City provides are available in a healthy and safe manner to all members of the Pleasanton community.
OUTREACH
On March 18, 2024, a publicly noticed City Council Waste and Recycling subcommittee meeting was held. The addition of the Waste and Recycling Manager position was discussed at a public City Council meeting on May 21, 2024.
STRATEGIC PLAN ALIGNMENT
This action advances the ONE Pleasanton strategic plan goal of Investing In Our Environment to continue to implement priority items from the Climate Action Plan 2.0 (CAP) to lead by example in environmental sustainability.
FISCAL IMPACT
The Waste and Recycling Manager position has an estimated fully-burdened annual cost of $266,100. As mentioned previously, this position will be funded entirely from the Pleasanton Garbage Service Reserve Fund (Fund 171) based on the approved cost-based rate adjustment for solid waste, recyclable materials, and organic materials collection for fiscal year 2024/25. As such, there is no financial impact to the General Fund.
Prepared by: Submitted by: Approved by:
Alexa Jeffress, Deputy City
Manager
Alexa Jeffress, Deputy City Manager Gerry Beaudin, City Manager
Attachments:
1. Resolution - Waste and Recyling Manager
ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON,
APPROVING THE WASTE AND RECYCLING MANAGER POSITION AND
AMENDING THE FY 2024/25 OPERATING BUDGET ACCORDINGLY
WHEREAS, the City adopted the FY 2023/24 – FY 2024/25 Two-Year Operating and Capital Budget on June 6, 2023; and
WHEREAS, at a public hearing on May 21, 2024 the City approved Mid-Term Operating and Capital Budget adjustments for FY 2024/25; and WHEREAS, at a public hearing on May 21, 2024, the City approved a cost-based Rate Adjustment for solid waste, recyclable materials, and organic materials collection for fiscal year 2024/25; and
WHEREAS, including City of Pleasanton Staff costs in the amount of $500,000 was agreed upon as part of the approved cost-based Rate Adjustment, to support staff positions, including a new Waste and Recycling Manager position to oversee the City’s waste and recycling program.
NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING:
SECTION 1: Amends the Mid-Term Operating Budget adjustments for FY 2024/25 to add a Waste and Recycling Manager position.
SECTION 2: Updates the Salary Schedule to include salary information for the new Waste and Recycling Manager classification.
SECTION 3: This resolution shall become effective immediately upon its passage and adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Pleasanton at a regular meeting held on July 16, 2024.
I, Jocelyn Kwong, City Clerk of the City of Pleasanton, California, certify that the foregoing resolution was adopted by the City Council at a regular meeting held on the 16th day of July 2024, by the following vote:
Ayes:
Noes:
Absent:
Abstain:
____________________________
Jocelyn Kwong, City Clerk
ATTACHMENT 1
APPROVED AS TO FORM:
___________________________
Daniel G. Sodergren, City Attorney
Item #3
CITY COUNCIL AGENDA REPORT
July 16, 2024
City Manager
TITLE: RECEIVE AN UPDATE ON THE PROCESS AND TIMELINE TO EXPLORE THE
ESTABLISHMENT OF PLEASANTON AS A CHARTER CITY
SUMMARY
Receive an update on the process and timeline for exploring the establishment of Pleasanton as a charter city.
RECOMMENDATION
Receive an update on the process and timeline to explore the establishment of Pleasanton as a charter city.
BACKGROUND
At the May 7, 2024 City Council meeting, Vice Mayor Testa introduced a request under the Matters Initiated portion of the agenda to explore creation of a charter for the City of Pleasanton. By majority consensus, the City Council agreed to receive more information from staff about the process.
The Pleasanton City Council Rules of Procedure state that under the Matters Initiated process, a majority of the City Council may request staff to provide information, perform studies, or undertake other administrative functions or develop information for City Council action at a future meeting. If the requested action is routine in nature, the City Manager will direct staff to proceed. However, if the request cannot be accomplished within the approved budget or City Council priorities, or if it will involve substantial staff resources, the City Manager will report to the City Council.
As the process by which Pleasanton could become a charter city is not routine in nature, and will require significant staff resources and an extensive process to analyze and implement, this report provides a high-level overview of the process and timeline to advance this matter.
Please note that staff has not yet completed a thorough analysis of the specific benefits that transitioning to a charter city could offer Pleasanton as compared to a general law city.
DISCUSSION
California has two types of cities: charter and general law. Pleasanton is currently a general law city, and is subject to the state’s general law on all matters, regardless of whether the subject concerns a "municipal affair."
By contrast, charter cities operate under a governing document (a charter) that is written specifically for the City. Charter cities have authority over “municipal affairs," which could include, but are not limited to, municipal election matters, land use and zoning decisions, and finance and taxation. Charter cities have traditionally only been subject to conflicting provisions in the state or federal constitutions and state and federal laws on matters of statewide concern
that preempt the city’s charter provisions. As a result, charter city status can immunize charter cities from some, but not all, state laws. Therefore, the transition to a charter city could possibly bring more local control and flexibility in governance for local issues specific to Pleasanton.
For a general law city to become a charter city, the city’s voters must approve the change. The charter process has many detailed steps, including community engagement, before the charter is placed on the ballot for voter approval.
The process begins with drafting a charter, which should reflect the City's vision, values and priorities. This work can be done by a charter commission elected by voters, a charter committee appointed by the city council, or the city council itself. The amount of time it takes to complete this process and the cost associated with the project depends on various factors, including the length of the document, its complexity, and the amount of public input considered during its creation.
Additionally, depending on how the draft charter is constructed and eventually placed on the ballot, it may be subject to California Environmental Quality Act (CEQA) review. If the draft charter affects wages, hours, or other terms and conditions of employment for City employees, the City would be required to meet and confer in good faith with the affected bargaining groups before the charter is placed on the ballot.
Prior to seeking voter approval of a charter, the city council must hold at least two public hearings. These hearings must be at least 30 days apart, with one held outside normal business hours. No vote by the city council can place the proposed charter on a ballot until at least 21 days after the second public hearing.
Charter proposals must be placed before voters in an established statewide general election.
There is more than one path for a proposed charter to arrive on the ballot, and the path selected will dictate the timing.
For the current year, the City has until August 9, 2024, to submit election materials to the County for inclusion on the November 5, 2024, statewide general election ballot. Due to the time-bound procedural requirements, a charter satisfying the statutory requirements could not be completed in time this year to meet the submittal deadline.
The next opportunity to include a charter on a consolidated general election ballot would be the November 2026 ballot. Staff will begin an initial assessment and feasibility study to ensure a thorough and community-driven process. This study will help the City evaluate the benefits and drawbacks of adopting a city charter, review best practices from other cities, and identify key stakeholders. The findings will provide a well-informed recommendation to the City Council on how to proceed.
Staff anticipates bringing the findings of the initial assessment and feasibility study to the City Council in early 2025. If there is support to proceed at that time, staff will develop a detailed calendar outlining the key milestones and deadlines for the charter adoption process. Staff will also design a process that allows voters to decide this issue in the November 2026 election, ensuring transparency and community involvement.
EQUITY AND SUSTAINABILITY
Not applicable.
OUTREACH
No outreach has been conducted for this informational item. If the City Council wanted to pursue adopting a city charter, extensive public outreach would be conducted.
STRATEGIC PLAN ALIGNMENT
This item is aligned with the ONE Pleasanton strategic plan goal of Optimizing Our Organization to support Organizational Effectiveness.
FISCAL IMPACT
If the City Council would like to pursue a charter adoption, there will be election costs associated with the placement of the charter on a ballot. Costs would be substantially less if the item were placed in a consolidated general election instead of a special election. Actual costs will depend on factors such as the number of pages that need to be printed (ballot length), the number of guides/ballots to be printed, notices, translation services, etc. In addition to the hard costs, there would be soft costs of staff time associated with the entire process, which depends on the complexity of the path.
Prepared by: Submitted by: Approved by:
Aarón Zavala, Assistant to
the City Manager
Alexa Jeffress, Deputy City Manager Gerry Beaudin, City Manager
Attachments:
None
Item #4
CITY COUNCIL AGENDA REPORT
July 16, 2024
Community Development
TITLE: ACTIONS OF THE ZONING ADMINISTRATOR AND PLANNING
COMMISSION
P24-0307, Jason Portillo
Application for Administrative Design Review approval to construct an approximately 540-square-foot, single-story addition to the left (south) of the existing residence located at 4057 Alta Court.
Project Information:
Existing floor area: 1,377 square feet
Total floor area with addition: 1,917 square feet
Lot size: 6,582 square feet
Existing floor area ratio: 20.92 percent
Total floor area ratio with addition: 29.12 percent
Approved. (10 days)
P24-0320, Swati Bakshi/EGHR
Application for Administrative Design Review approval to construct an approximately 693-square-foot, single-story addition to the front (east) of the existing residence located at 1545 Loganberry Way.
Project Information:
Existing floor area: 1,377 square feet
Total floor area with addition: 2,070 square feet
Lot size: 6,500 square feet
Existing floor area ratio: 21.18 percent
Total floor area ratio with addition: 31.85 percent
Approved. (9 days)
P24-0321, Gregg Kawahara
Application for Administrative Design Review approval to construct an approximately 456-square-foot, second-story addition with eight new second-story windows to the front (south) of the existing residence located at 5357 Mallard Drive.
Project Information:
Existing floor area: 1,839 square feet
Total floor area with addition: 2,330 square feet
Lot size: 6,825 square feet
Existing floor area ratio: 26.95 percent
Total floor area ratio with addition: 34.14 percent
Approved. (8 days)
PUD-85-15-21M, Richard Hunt/Hunt Hale Jones Architect
Application for Planned Unit Development (PUD) Minor Modification approval to P23- 0710 to 1) modify building envelope area for the proposed SFR and 2) Design Review approval for the construction of an approximately 9,772-square-foot, two-story with an approximately 1,091-square-foot garage located at 1913 Buckeye Court in Golden Eagle Estates.
Approved. (17 days)
P24-0330, Steven Venema
Application for Administrative Design Review procedure for the construction of an approximately 612-square-foot addition at the rear (northwest) of the existing residence and for remodeling the existing front porch at 1087 Touriga Place.
Project Information:
Existing floor area: 1,323 square feet
Total floor area with addition: 1,936 square feet
Lot size: 9,996 square feet
Existing floor area ratio: 13.24 percent
Total floor area ratio with addition: 19.37 percent
Approved. (14 days)
Prepared by: Submitted by: Approved by:
Melinda Denis
Zoning Administrator
Ellen Clark
Director of Community
Development
Gerry Beaudin
City Manager
Item #5
CITY COUNCIL AGENDA REPORT
July 16, 2024
Community Development
TITLE: INTRODUCE AN ORDINANCE APPROVING THE APPLICATION FOR PLANNED
UNIT DEVELOPMENT MAJOR MODIFICATION TO SUBDIVIDE AN
APPROXIMATELY 1.4-ACRE PARCEL LOCATED AT 3450 MOHR AVENUE INTO TWO PARCELS MEASURING APPROXIMATELY 44,237 SQUARE FEET (LOT 1) AND APPROXIMATELY 17,123 SQUARE FEET (LOT 2) AND TO CONSTRUCT AN APPROXIMATELY 2,288-SQUARE-FOOT ADDITION TO THE EXISTING RESIDENCE ON LOT 1, AS FILED UNDER CASE NO. PUD-18-07M
SUMMARY
The applicant, Anurag Jain, proposes to subdivide the parcel into two parcels measuring approximately 44,237square feet and 17,123 square feet, respectively; construct a 2,288 square-foot one- and two-story addition to the existing residence on Lot 1; and establish development standards for Lot 2. The City Council may approve, approve with conditions, or deny the Planned Unit Development Modification application.
RECOMMENDATION
1. Find that the project is within the scope of the Initial Study/Negative Declaration for PGPA-04, PUD-18, PGM-6 for Ponderosa Homes, adopted by City Council on August 20, 2002 and that no additional environmental review is required under the California Environmental Quality Act (CEQA) pursuant to Section 15162.
2. Make the findings for approval of the proposed Planned Unit Development (PUD) modification; and
3. Introduce the draft ordinance approval Case PUD-18-07M, subject to conditions of approval listed in Exhibit A of Attachment 1.
BACKGROUND
The subject site is a part of PUD-18, a development by Ponderosa Homes that was approved on August 20, 2002, by City Council Ordinance 1866. The development approved under the PUD includes 175 single family homes, 16 duet units and a 192-unit senior apartment complex. The subject site is one of two parcels referred to as the “Busch Residences.” Each of these lots are large parcels, more than one acre in size, which originally housed farmhouses where Busch family members resided, and which were preserved as part of the overall PUD development plan. While the PUD development plan retained these large lots, no Conditions of Approval or other restrictions were placed on these lots that preclude or prohibit their subdivision.
PLANNING COMMISSION ACTION
On June 12, 2024, the Planning Commission, with a 5-0 vote, recommended approval of the application based on the project analysis and PUD considerations and subject to the
Conditions of Approval shown in Attachment 1. The Planning Commission agenda report is included as Attachment 2 and the Planning Commission minutes as Attachment 3.
DISCUSSION
Site Description
The subject lot, addressed as 3450 Mohr Avenue, is located on the south side of Mohr Avenue, as seen in Figure 1. The lot has a Low Density Residential (LDR) General Plan Land Use Designation. The lots to the south of the subject property are zoned PUD-MDR (MediumDensity Residential). The adjoining lot to the east and the seven lots to the west are zoned PUD-LDR (PUD- Low Density Residential) and referred to as the “Estate Lots” in PUD-18. To the north is property owned by the Alameda County Flood Control & Water Conservation District (Zone 7) with Lake I, one of the Zone 7 Chain of Lakes, situated just north of Mohr Avenue.
The 61,341-square-foot (approximately 1.4-acre) lot is generally flat with very little topography change across the lot and limited vegetation. The property contains an approximately 3,930- square-foot two-story house, a 610-square-foot detached garage and a 562 square-foot detached workshop totaling 5,102 square feet.
Figure 1: Aerial Photograph
Proposed Project
The applicant proposes to subdivide the parcel into two parcels measuring approximately 44,237 square feet (Lot 1) and 17,123 square feet (Lot 2) and construct a 2,288 square-foot one- and two-story addition to the existing residence on Lot 1. The addition will consist of demolishing the existing garage and constructing a new three-car garage with a rec room on top of the garage. The garage will be attached to the main residence by a mud room and office. The project also includes modifying the floor plan, including moving the primary
bedroom to the second floor. The parcel configuration with the footprint for the proposed Lot 1 addition is shown in Figure 2, below.
Figure 2: Parcel Configuration
Lot 1, with the existing residence, will be a flag lot containing a shared driveway with 3380 Mohr Avenue. The entrance to the home faces the shared driveway. The setbacks shown for Lot 2 are illustrative. No development is proposed as a part of this project. At the time of development, Lot 2 will construct a driveway off of Mohr Avenue.
Any development that occurs on Lot 2 will conform to the “Estate Lot” standards as detailed below and will be set back 30 feet from the front property line, in line with the development to the west, and will maintain 20-foot setbacks on the remaining sides.
ANALYSIS
General Plan Conformance
The proposed density conforms to the General Plan Low Density Residential land use designation, which allows a maximum of two dwelling units per gross developable acre. The resultant density with the proposed subdivision would be 1.41 dwelling units/acre, which is within the maximum allowed density. The proposed project promotes General Plan Programs and Policies encouraging new housing to be developed on infill sites and encouraging the preservation of the existing housing stock. The provisions of General Plan Land Use Policy 11 requiring projects with densities above the mid-point to provide benefits, as specified in General Plan Table 2-3, are suspended pursuant to State Law and Housing Element Program
4.8. Consistency with Underlying PUD-18 Zoning Regulations The proposed project would include a subdivision of one of the two Busch Residences lots, which PUD-18 did not contemplate. The requested PUD modification would be to reflect the lot
split and the addition of one residential unit, more than the 175 single-family homes originally reflected in the PUD. While this would reflect an increase in the expected density of the project, the PUD’s overall density would remain consistent with that allowed by the General Plan and would be a de minimis increase over that which was allowed by the PUD.
The project proposes to reduce the size of Lot 1, from 61,341-square-feet (approximately 1.4- acre) to 44,237-square-feet (approximately 1-acre). The development standards applied to Lot 1 will be those of the Busch Residences, which require a minimum lot size of 1-acre. The addition will maintain the required front, side and rear setbacks, and floor area ratio requirements.
The resulting Lot 2 will generally conform to the Estate Lot standards, consistent with the seven homes to the west. Lot 2 will differ from the seven Estate lots in that, as proposed, it will have a different lot width and depth than the adjoining lots. Lot 2 will be approximately 118’ deep and 146’ wide, whereas the seven estate lots range from approximately 156’ to 168’ deep and approximately 113’ to 118’ wide. As proposed, Lot 2 will be approximately 17,123- square-feet, whereas the Estate Lot minimum lot size is 18,000-square-feet. Although Lot 2 will be approximately 900 square feet less than the 18,000-square-foot lot size requirement for the Estate lots, the development pattern will be consistent with the Mohr Avenue frontage, providing a 30-foot front yard setback and 20-foot side yard setbacks. It is noted that Lot 2's width and size is affected by the location of the "flag pole" portion of Lot 1, needed to provide access to the rear lot, and taking up some area that might otherwise be dedicated to Lot 2.
Table 1, below, is a comparison of the development standards for the Busch Residences and Lot 1 with the proposed addition and the Estate Lot standards and proposed development standards for Lot 2.
Table 1: Site Development Conformance Table
Site Development Standards
1-acre Lots for
Busch
Residences
Lot 1 (with
proposed
addition)
Estate Lots Lot 2*
Proposed
Standards
Minimum Lot Size 1-acre 1.02-acres
(44,237-sq. ft.)
18,000 sq. ft. 17,123 sq. ft
Front Yard
Setback
30’ 31’ 10” 30’ 30’
Side Yard
Setbacks
One side 30’
Combined 40’
20’
40’
One side 20’
Combined 40’
One side 20’
Combined 40’
Rear Yard Setback 30’ 30’ 30’ 30’
Floor Area
Maximum
25% of site area 6,548 sq. ft.
(14.8%)
30% of site area 30% of site area
Height Maximum 35’ 25’-7” 35’ 35’
Parking Minimum Two Spaces Three spaces Two Spaces Two Spaces *No development is proposed on Lot 2 as a part of this project.
Site Design
The proposed addition maintains the site design of the original residence, with the front door facing east toward the loop driveway shared with 3380 Mohr Avenue. The home will remain well set back from Mohr Avenue, with the addition to the south. The mass and scale of the residence when viewed from Mohr Avenue will not substantially change. The proposed siting allows for a large rear setback and generous side setbacks, which are all consistent with the Busch lot standards (as seen in Table 1). The site design will limit grading and tree removal.
Building Design
The proposed addition maintains the architectural style of the existing residence, by utilizing the same roof pitches and adding vertical board and batten siding details beneath the gables.
The second story addition will modestly increase the overall maximum height of the residence from 24’-8” to 25’-7”, maintaining the scale of the home.
The board and batten siding will enhance the original “farmhouse” aesthetic of the existing residence. The stucco on the addition will match the existing white stucco. The scale and massing of the addition is compatible with the existing residence. The project plans can be reviewed in Exhibit B.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The project is within the scope of the Initial Study/Negative Declaration for PGPA-04, PUD-18, PGM-6 for Ponderosa Homes,adopted by City Council on August 20,2002. No additional environmental review is required under the California Environmental Quality Act (CEQA) Section 15162 because no substantial changes to the PUD are proposed, no substantial changes have occurred with respect to the circumstances under which the project is undertaken, and no new information of substantial importance shows that the project will have one or more significant effects not discussed in the previous negative declaration.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a matter of routine City business.
OUTREACH
Notice of this application was sent to surrounding property owners and tenants within a 1,000- foot radius of the site and published in the newspaper. Staff received comments before and at the Planning Commission meeting. Five comments are in support of the project and cited maintaining neighborhood character. Three comments are in objection to the project and cited concern about density, maintaining neighborhood character, and impact from construction. At the time of report publication no additional comments have been received.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a matter of routine City business.
FISCAL IMPACT
There are no financial impacts associated with the recommended action. Although the project
would incrementally increase demand for City services, it would also be subject to payment of Development Impact Fees, permit fees, and the newly created parcel and any future development would contribute additional property tax revenues to the City, to offset those demands.
Prepared by: Submitted by: Approved by:
Emily Carroll, Associate
Planner
Ellen Clark, Director of Community
Development
Gerry Beaudin, City
Manager
Attachments:
1. Ordinance for PUD MOD PUD-18-07M
2. June 12, 2024 Planning Commission Agenda Report with Exhibits
3. Draft June 12, 2024 Planning Commission Minutes
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON APPROVING THE APPLICATION FOR A PUD MAJOR MODIFICATION TO 1) SUBDIVIDE AN APPROXIMATELY 1.4-ACRE PARCEL LOCATED AT 3450 MOHR AVENUE INTO TWO LOTS MEASURING APPROXIMATELY 44,237-SQUARE-FEET (LOT 1) AND 17,123-SQUARE-FEET (LOT 2), AND 2) CONSTRUCT A 2,288 SQUARE FOOT ADDITION TO THE EXISTING RESIDENCE ON LOT 1 LOCATED AT 3450 MOHR AVENUE AS FILED UNDER CASE NO. PUD-18-07M.
WHEREAS, on December 12, 2023, Anurag Jain (“Applicant”) applied for a PUD Major Modification approval under Case No. PUD-18-07M to 1) subdivide an approximately 1.4-acre parcel located at 3450 Mohr Avenue into two lots measuring approximately 44,237-square-feet (Lot 1) and 17,123-square-feet (Lot 2), and 2) construct a 2,288 square foot addition to the existing residence on Lot 1 (“Project”) located at 3450 Mohr Avenue (“Property); and
WHEREAS, the Property is designated Low Density Residential in the General Plan; and
WHEREAS, the Property is located within the PUD-18 area, following the development standards for the Busch Residences; and
WHEREAS, on April 25, 2024, the application was deemed complete; and WHEREAS, on June 12, 2024, with a 5-0 vote, the Planning Commission made the findings, and recommended to the Pleasanton City Council PUD-18-07M be approved; and
WHEREAS, on July 16, 2024, the Pleasanton City Council held a duly noticed public hearing on this application and considered all public testimony, agenda reports, and related materials, and the recommendations of City staff and the Planning Commission; and
WHEREAS, after review of the materials presented, the City Council determined that the PUD plan is consistent with the General Plan, PUD-18, and purposes of the PUD ordinance based on the considerations set forth in this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: With respect to CEQA, the project is within the scope of the PUD-18 Negative Declaration entitled PGPA-04, PUD-18, PGM-6 Ponderosa Homes Initial Study/Negative Declaration adopted by City Council on August 20, 2002. No additional environmental review is required under the California Environmental Quality Act (CEQA) pursuant to Section 15162 because no substantial changes to the PUD are proposed, no substantial changes have occurred with respect to the circumstances under which the project is undertaken, and no new information of substantial importance shows that Attachment 1
Ordinance No. 24-XXXX
the project will have one or more significant effects not discussed in the previous negative declaration.
Section 2: The City Council approves case PUD-18-07M, the application of Anurag Jain for PUD Major Modification approval to 1) subdivide an approximately 1.4- acre parcel located at 3450 Mohr Avenue into two lots measuring approximately 44,237- square-feet (Lot 1) and 17,123-square-feet (Lot 2), and 2) construct a 2,288 square foot addition to the existing residence on Lot 1 located at 3450 Mohr Avenue, subject to the conditions as shown in Exhibit A, attached hereto and made part of this ordinance by this reference.
Section 3: A summary of this ordinance shall be published once within fifteen (15) days after its adoption in “The Valley Times,” a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk’s office within fifteen 15) days after its adoption.
Section 4: This ordinance shall become effective thirty (30) days after its passage and adoption.
The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Pleasanton on July 16, 2024 by the following vote Ayes:
Noes:
Absent:
Abstain:
______________________________
Karla Brown, Mayor
ATTEST:
____________________________
Jocelyn Kwong, City Clerk
Dated: ______________________
APPROVED AS TO FORM:
____________________________
Daniel G. Sodergren, City Attorney
Ordinance No. 24-XXXX
EXHIBIT A
DRAFT CONDITIONS OF APPROVAL
PUD-18-07M
3450 Mohr Avenue
July 16, 2024
The applicant is hereby notified, as part of this approval, that (s)he is required to satisfy and maintain compliance with the conditions of approval below. Where approval by the Director of Community Development, Planning Division, Director of Engineering/City Engineer, City Attorney, Chief Building and Safety Official, Fire Department or other City staff is required, review shall be for compliance with all applicable conditions of approval, adopted policies and guidelines, ordinances, laws and regulations, and accepted practices related to the approval. In addition to complying with the conditions below, the applicant is required to comply with all applicable federal, state, and local laws that pertain to this project whether or not specifically noted herein.
This approval is granted for a Planned Unit Development Major Modification to 1) subdivide an approximately 1.4-acre parcel located at 3450 Mohr Avenue into two parcels measuring approximately 44,237-square-feet (Lot 1) and 17,123-square-feet (Lot 2), and 2) construct a 2,288 square foot addition to the existing residence on Lot 1 located on Assessor Parcel No(s).(946-4604-1) at 3450 Mohr Avenue. Development shall be substantially as shown on the project materials listed below:
a. Project plans, Exhibit B, prepared by AJS Architecture & Planning for Anurag Jain dated “Received” on 4-9-2024 and kept on file in the Planning Division of the Community Development Department.
b. Vesting Tentative Parcel Map 11413 by Alexander & Associates Inc. dated 4-8- 2024
THIS APPROVAL IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS:
1. APPROVAL AND REVISIONS: The proposed development shall be in substantial conformance with the “Approved Plans”, except as modified by the following conditions. Minor changes to the plans may be allowed subject to the approval of the Director of Community Development if found to be in substantial conformance with the approved exhibits. Planning Division approval is required before any changes are implemented in site design, grading, architectural design, house colors or materials, green building measures, landscape material, etc.
2. EXPIRATION – RESIDENTIAL PUD: The PUD development plan shall lapse two years from the effective date of this ordinance unless a final or parcel map, as applicable, is approved. If a final or parcel map is approved, the PUD
Ordinance No. 24-XXXX
development plan approval shall lapse when the final or parcel map approval expires. If the map is recorded before the final or parcel map expires, then the PUD development approval shall not lapse.
3. EXPIRATION – DESIGN REVIEW: This design review approval shall lapse 1 year from the effective date of approval unless a building permit is issued and construction has commenced and is diligently pursued towards completion, or the City has approved a time extension.
4. CONDITIONS OF APPROVAL CHECKLIST: The applicant shall submit a “Conditions of Approval Checklist” indicating all conditions in Exhibit A have been satisfied, incorporated into the building permit plans or improvements plans, and/or addressed. Said checklist shall be incorporated as one of the first four plan sheets of all building permit and engineering permit plan submittals for review by the City prior to issuance of permits.
5. APPEAL PERIOD: The building permit submittal will only be accepted after completion of the appeal period provided in the Municipal Code unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the approval is overturned on appeal, or the design is significantly changed as a result of the appeal. In no case will a building permit be issued prior to the expiration of the appeal period.
6. PUD PERIOD: The building permit submittal will only be accepted after the ordinance approving the Planned Unit Development (PUD) development plan becomes effective, unless the applicant submits a signed statement acknowledging the plan check fees may be forfeited in the event the ordinance is overturned. In no case will a building permit be issued prior to the PUD ordinance amendment being in effect.
7. LIABILITY AND INDEMNIFICATION: To the extent permitted by law, the project applicant shall hold harmless, defend (with counsel acceptable to the City), and indemnify the City, its City Council, its officers, commissions, employee and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and/or the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including without limitation, reimbursing the City its attorneys’ fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
8. LOT 2 DEVELOPMENT: Future development of Lot 2 requires Design Review that adheres to the Estate Lot standards as outlined in PUD-18.
PLANNING DIVISION – 925-931-5600
Site Development and Building Design
Ordinance No. 24-XXXX
9. BUILDING MATERIALS AND COLORS: The building materials and colors in the Approved Plans shall be stated on the building permit plans.
10. PAVING MATERIALS: The color, material, design, and product specifications for the paving materials used on-site shall be in conformance with the Approved Plans and included with the building permit submittal. Any proposed modifications to the final paving design details shall be subject to review and approval by the Planning Division prior to issuance of building permits.
11. WINDOWS: Manufacturer type, design, material, and installation details for all windows within the project shall be specified for each unit/building in conformance with the Approved Plans in the building permit submittal. Any proposed modifications shall be subject to review and approval by the Planning Division prior to issuance of building permits.
12. FENCE/WALL: All fencing and walls shall be shown on the construction plans with the building permit submittal. The design and location must be approved by the Planning Division and comply with all setback requirements.
13. OUTDOOR STORAGE: There is to be no outdoor storage without prior approval by the City.
14. LIGHTING PLAN: The applicant shall submit a lighting plan with the building permit submittal. The plan shall include photometric contours, manufacturer’s specifications on the fixtures, and mounting heights. All exterior lighting including landscape lighting shall be directed downward and designed or shielded so as to not shine onto neighboring properties or streets. The photometrics shall be reviewed and approved by the City Traffic Engineer and Director of Community Development prior to building permit issuance. The type and location of all exterior light fixtures shall be reviewed and approved by the Director of Community Development prior to building permit issuance.
15. BUILDING SURVEY: The applicant shall submit a building survey and/or record of survey and a site development plan in accordance with the provisions of Chapter 18.68 of the PMC. These plans shall be approved by the Chief Building Official prior to building permit issuance. The site development plan shall include all required information to design and construct site, grading, paving, drainage, and utilities.
16. PAD AND SETBACK CERTIFICATION: The applicant shall submit a pad elevation certification prepared by a California licensed land surveyor or registered civil engineer to the Chief Building Official and Director of Community Development certifying the pad elevations and building locations (setbacks) are conforming to the approved plans, prior to receiving a foundation inspection for the structures.
17. BUILDING HEIGHT CERTIFICATION: The applicant shall submit a building height certification prepared by a California licensed land surveyor or civil
Ordinance No. 24-XXXX
engineer to the Director of Community Development before the first framing or structural inspection by the Building and Safety Division. The height of the structures shall be surveyed and verified as being in conformance to the approved building heights as shown on Exhibit B or as otherwise conditioned.
18. FINAL INSPECTION: Final inspection by the Planning Division is required prior to occupancy.
19. TRANSFORMERS: New electrical transformers shall be placed underground, or aboveground and screened from view to the satisfaction of the Director of Community Development. Details of the new electrical transformers, and any screening architecturally compatible with the building, shall be included in the building permit submittal and shall be subject to the review and approval of the Director of Engineering/City Engineer and Director of Community Development prior to building permit issuance.
20. MECHANICAL EQUIPMENT – SCREENING: The applicant shall effectively screen from view all ducts, meters, air conditioning equipment, and any other mechanical equipment, whether on the structure, on the ground, or on the roof, with materials architecturally compatible with the building. Screening details shall be shown on the plans submitted for building permit, the adequacy of which shall be determined by the Director of Community Development. All required screening shall be installed prior to final occupancy.
21. TRASH ENCLOSURE: All trash, refuse, and recycling shall be contained completely within enclosures. Containers shall be stored within the enclosures at all times except when being unloaded. The enclosures shall be sized to accommodate trash, recycling, and green waste containers in compliance with the Alameda County Mandatory Recycling Ordinance. The materials and colors of any new enclosures shall match or be compatible with the primary building on site and the gates shall be metal or solid wood unless otherwise approved by the Director of Community Development. Elevation drawings and plan details, including color and material of the enclosures noted, shall be included in the building permit submittal and shall be subject to the review and approval of the Director of Community Development prior to building permit issuance.
22. RECYCLING AND COMPOSTING PROGRAMS: The project shall comply with the current City/Pleasanton Garbage Service recycling and composting programs.
Green Building and Sustainability Measures
23. Climate Action Plan 2.0 Compliance: Prior to building permit issuance, a GHG Emission Compliance Checklist shall be provided, to the Planning Division for review and approval by the Director of Community Development. The measures shall be shown on the building permit plans submitted to the Building and Safety Division. The Checklist shall include notation indicating the sheet(s) the measure
Ordinance No. 24-XXXX
can be found. Prior to building permit final, all of the measures indicated on the approved checklist shall be inspected and approved by the City of Pleasanton.
Construction Practices and Noticing
24. WORK HOURS: All demolition and construction activities, inspections, plan checking, material delivery, staff assignment or coordination, etc., shall be limited to the hours of 8 a.m. to 5 p.m., Monday through Saturday. No construction shall be allowed on State or Federal Holidays or Sundays. The Director of Community Development may allow earlier “start times” or later “stop times” for specific construction activities, e.g., concrete pouring. All construction equipment shall meet Department of Motor Vehicles (DMV) noise standards and shall be equipped with muffling devices. Prior to construction, the hours of construction shall be posted on site.
25. CONSTRUCTION MANAGEMENT PLAN: The applicant shall prepare a construction and parking management plan to address impacts and parking demands during the construction phase of the project. The construction and parking management plan shall be subject to review and approval by the City Traffic Engineer and Director of Community Development prior to issuance of a demolition permit, or the first building permit, whichever comes first. The following items shall be incorporated into the construction and parking management plan:
a. Show truck route for construction and delivery trucks that does not include neighborhood residential streets, unless approved by the City Traffic Engineer;
b. Show construction vehicles, temporary storage trailers and equipment parking area, materials storage, temporary fencing, construction trailer location, and construction contractors/workers parking area. c. Sidewalk closure or narrowing is not allowed during on-site construction activities without prior approval by the City.
26. DUST CONTROL: The applicant shall submit a written dust control plan or procedure as part of the building permit plans.
27. PORTABLE TOILETS: Portable toilets used during construction shall be kept on the project site and as far as possible from existing residences and shall be emptied to prevent odor.
28. EXCESS SOIL AND SOIL STOCKPILING: All excess soil from the site shall be off-hauled from the site and disposed of in a lawful manner. No temporary stockpiling of dirt on this site shall occur without specific review and approval by the Director of Community Development.
29. NOTICE OF CONSTRUCTION: Prior to construction, the applicant shall notify neighbors within 300-feet of the project site of the construction schedule in
Ordinance No. 24-XXXX
writing. Such notice shall include contact names and numbers for property owner, agent or contractor.
30. DISTURBANCE COORDINATOR: The applicant shall designate a “disturbance coordinator” who shall be responsible for responding to any complaints regarding construction noise, dust, construction parking, etc. The coordinator (who may be an employee of the general contractor) shall determine the cause of the complaint and shall require the implementation of reasonable measures warranted to correct the problem. A telephone number of the disturbance coordinator shall be posted on the construction site fence and on the notification sent to neighbors adjacent to the site. The sign shall also list an emergency afterhours contact number for the disturbance coordinator, or designee.
31. CULTURAL RESOURCES/HUMAN REMAINS: If any prehistoric or historic artifacts, or other indication of cultural resources are found once the project construction is underway, all work shall stop within 20-meters (66 feet) of the find. A qualified archaeologist shall be consulted for an immediate evaluation of the find prior to resuming groundbreaking construction activities within 20 meters of the find. If the find is determined to be an important archaeological resource, the resource shall be either avoided, if feasible, or recovered consistent with the requirements of the State California Environmental Quality Act (CEQA) Guidelines. In the event that human remains are discovered during grading and construction of the project, work shall stop immediately. There shall be no disposition of such human remains, other than in accordance with the procedures and requirements set forth in California Health and Safety Code Section 7050.5, Public Resources Section 5097.98, and Title 14 California Code of Regulations Section 15064.5. These code provisions require notification of the County Coroner, who may then notify the Native American Heritage Commission, who in turn must notify the persons believed to be most likely descended from the deceased Native American for appropriate disposition of the remains. A similar note shall appear on the building permit and/or improvement plans.
Fees
32. FEES: The applicant shall pay any and all fees to which the property may be subject, prior to issuance of grading and/or building permits, or prior to recordation of the final map, whichever is applicable. The type and amount of the fees shall be those in effect at the time the permit is issued.
33. WATER FEES AND WATER METER CONNECTION FEES: The applicant shall pay the applicable Zone 7 and City connection fees and water meter cost for any water meters and irrigation meters, if applicable, prior to building permit issuance.
34. SEWER FEES: The applicant shall pay the applicable Dublin-San Ramon Services District (DSRSD) and City sewer permit fees prior to building permit issuance.
Ordinance No. 24-XXXX
35. SCHOOL IMPACT FEES – RESIDENTIAL NEW CONSTRUCTION: Applicant shall work with the Pleasanton Unified School District (PUSD) to develop a program to offset this project’s long term effect on school facility needs in Pleasanton. This program shall be designed to fund school facilities necessary to offset this project’s reasonably related effect on the long-term need for expanded school facilities. The method and manner for the provision of these funds and/or facilities shall be approved by the PUSD and in place prior to building permit issuance. Written proof of compliance with this condition shall be provided by applicant to the City, on a form generated by the PUSD, prior to building permit issuance.
36. CONDITIONS OF APPROVAL: The applicant shall provide all initial buyers with copies of the final project conditions of approval.
BUILDING AND SAFETY DIVISION – 925-931-5300
37. BUILDING AND FIRE CLEARANCE: Prior to issuance of a business license, the applicant shall contact the Building and Safety Division and the Fire Department to ensure the proposed use of the tenant space meets Building and Fire Code requirements. If required, the applicant shall obtain all appropriate City permits.
ENGINEERING DEPARTMENT – LAND DEVELOPMENT – 925-931-5650
38. CONDITIONS OF APPROVAL: These conditions of approval shall be depicted on a plan sheet(s) in the submitted plans for construction. (Address this condition prior to plan approval)
39. PUBLIC WORKS DIVISION FEES FOR SERVICE: The Public Works Division assesses fees for services including plan-check, permit issuance, and inspection according to the City’s adopted Master Fee Schedule. These fees are separate and distinct from fees assessed by the Community Development Department (including Planning and Building Division fees). The applicant is responsible for payment of all Public Works Division fees prior to services rendered or permit issuance, whichever is first. (Address this condition prior to plan approval)
40. CLEAN WATER PROGRAM: Land development projects that create and/or replace more than 5,000 square feet (0.23 acres) of impervious surface are considered “Regulated” according to Provision C.3.b of the Municipal Regional Stormwater NPDES Permit that regulates stormwater runoff in Alameda County.
The Alameda Countywide Clean Water Program developed a C.3 Guidance Manual to assist applicants in addressing these regulations. The Guidance Manual is available for download at:
https://cleanwaterprogram.org/development/
Ordinance No. 24-XXXX
Since the impervious surface to be created for Lot 2 is not currently known, it is difficult to determine whether the threshold for regulation under the program will be met. The applicant shall be aware that the Lot 2 impervious surface will be evaluated when this information becomes available. If the Lot 2 impervious surface exceeds the ultimate Lot 1 impervious surface (i.e. after the new addition and garage are added), then storm runoff from the impervious surface for both Lot 1 and Lot 2 must be treated. (Address this condition prior to plan approval)
41. SUBDIVISION MAPS: The subdivision of land is governed by Pleasanton Municipal Code Title 19, as well as the California Government Code §§66410- 66499.85 (Subdivision Map Act). All maps are subject to review and approval by the City Engineer. Recordation of the subdivision map shall be coordinated by the applicant’s title company, with one full- sized mylar copy of the recorded map returned to the City.
The following statement shall be included on the cover sheet of the map: “I, Adam Nelkie, P.E., City Engineer of the City of Pleasanton, County of Alameda, State of California, do hereby state that I have examined the herein embodied map entitled “[MAP NAME/NUMBER]” consisting of [NUMBER OF SHEETS] sheets, this statement being on Sheet 1 thereof and that the [PARCEL OR TRACT] map was presented to me as provided by local ordinance. This map conforms with the requirements of the Subdivision Map Act and of any local ordinances applicable at the time of approval of the tentative map, and the subdivision as shown is substantially the same as it appeared on the tentative map, if any, and any approved alterations thereof. The name of the subdivider is as shown on the statement of owner upon this sheet.” The Public Service Easement (PSE) and Emergency Vehicle Access Easement (EVAE) were not explicitly accepted by the City Engineer on Parcel Map 8099.
Final Parcel Map 11413 shall again grant those same easements so they can be formally accepted across Lots 1 and 2.
For parcel maps, add the following: “The dedications and/or easements shown as [LIST] upon said map thereon offered for dedication are hereby accepted for the purpose for which offered.”
Adam Nelkie, P.E., Registration No. 78830, City Engineer, City of Pleasanton, County of Alameda, State of California [SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to plan approval.
42. CITY SURVEYOR: The City utilizes the services of an outside consultant to certify the technical accuracy of subdivision maps as City Land Surveyor pursuant to California Government Code §66451.1. In order to provide this service, the consultant will submit a proposal to the City for the estimated cost of the work.
Ordinance No. 24-XXXX
The estimate will be presented to the applicant together with the City’s administrative markup according to the City’s adopted Master Fee Schedule.
Review of the subdivision map cannot commence until the applicant has submitted payment to the City for these costs. If the ultimate fee at the conclusion of the work is less than this payment, the applicant will be refunded the difference. If the ultimate fee is more than this payment, then the applicant shall submit payment for the difference before the consultant certifies the map.
The following statement shall be included on the cover sheet of the map: “I, [NAME PROVIDED BY CITY], P.L.S, Acting City Surveyor for the City of Pleasanton, Alameda County, California, do hereby state that I have examined this map entitled “[MAP NAME/NUMBER]”, and I am satisfied that said map is technically correct.
[SIGNATURE LINE], [DATE], [SPACE FOR STAMP]” (Address this condition prior to map approval)
43.DRIVEWAY: Lot 2 will not have access to the existing private reciprocal access and emergency vehicle access easements. Lot 2 must therefore have driveway access off Mohr Avenue. The driveway approach shall be designed and installed per City Standard Drawing #106. (Address this condition prior to plan approval)
44.ENCROACHMENT PERMIT: Any work performed within the City’s right-of-way, City easements, or City-owned property shall be subject to an Encroachment Permit as defined in Pleasanton Municipal Code Chapter 13.04. All encroachment permit work is subject to adopted City of Pleasanton Standard Specifications and Details, and shall be performed by properly-licensed contractors as determined by the City Engineer. Said contractors must provide evidence of proper licensure, insurance and City-issued Business License upon application for a permit. (Address this condition prior to permit issuance)
45.GROUNDWATER WELLS: Zone 7 Water Agency is the administering agency for Alameda County’s “Water Wells Ordinance” (General Ordinance No. 0-2015-20). All groundwater wells on properties subject to development must be disclosed on the applicant’s plans.
If the well will be used in the future, the applicant shall submit a “Statement of Future Well Use” form available from Zone 7 prior to the approval of final map.
The application form can downloaded at:
https://www.zone7water.com/sites/main/files/fileattachments/statement_of_future_use.pdf?161885468
9. (Address this condition prior to permit issuance)
46.WATER SERVICE: According to the City’s Utility Billing records, the property at
Ordinance No. 24-XXXX
3450 Mohr Avenue is currently served by a 5/8” City water meter (#55834280).
The location of the existing meter will be relocated and reconnected to serve Lot 1 in the future. The existing 5/8” relocated meter for Lot 1 may need to be upsized due to the home addition on Lot 1 and will be evaluated during the building permit set. With the future development of Lot 2, the water meter size will be determined with the building permit application. The service lateral and water meter must be sized and installed to accommodate the new home and fire sprinkler requirement per CBC 903.2.
Water meter, connection and other fees may apply to City of Pleasanton and Zone 7, the City's water wholesaler. For more info:
https://www.cityofpleasantonca.gov/assets/our- government/financedepartment/business-license/master-fee-schedule.pdf (Address this condition prior to plan approval)
47.UTILITY ENCLOSURES: Proposed utility enclosures including vaults, meter boxes, splice boxes, and pedestals shall be installed in the public right-ofway, in a public service easement (PSE), or in a utility company specific easement. The locations for utility enclosures shall be considered in the following order of preference: (1) PSE area behind public sidewalk; (2) parkstrip area between the roadway curb & gutter and the sidewalk; (3) within the public sidewalk set flush to grade; (4) within driveway approach areas set flush to the surface with traffic-rated lids. In no case shall an above-ground pedestal or utility cabinet obstruct sight-line visibility for vehicle drivers at intersections or driveways.
Above-ground pedestals or utility cabinets are preferred within the side- yard area of a corner residential lot rather than the front-yard. Deviations from this standard must be approved by the City Engineer. (Address this condition prior to plan approval)
48.DRY UTILITIES (ELECTRICITY, CATV, TELECOM): All dry utilities including electricity, telecommunications, cable television, street lights, alarm systems, etc. required to serve the project shall be installed underground from the pointof-connection at the utility purveyor’s network to the service point. Aerial drops from utility poles will not be allowed without prior approval of the City Engineer. (Address this condition prior to plan approval)
49.TEMPORARY TRAFFIC CONTROL: Work in the public right-of-way or publicly- accessible easement areas require submittal, review, approval, and implementation of a temporary traffic control plan. The plan shall be in writing and subject to review and approval of the City’s Traffic Engineer. The plan must conform to the California Manual on Uniform Traffic Control Devices (CA MUTCD), with specific emphasis on Part 6 “Temporary Traffic Control”.
If Flaggers will be utilized, said personnel must be trained in the proper fundamentals of flagging moving traffic before entering the right-of-way. The
Ordinance No. 24-XXXX
City may demand to see evidence of said training before allowing said personnel into the right-of-way.
Any alterations to pedestrian paths of travel must conform to current standards for the disabled. Any walking member of the public with a visual impairment (cane or guide dog) must be escorted through the construction zone. (Address this condition during construction)
50.HIGH VISIBILITY SAFETY APPAREL: All workers on foot who are exposed to the hazard of vehicular traffic shall wear warning garments such as vests, jackets, or shirts manufactured in accordance with the requirements of the American National Standards Institute (ANSI)/International Safety Equipment Association (ISEA) 107-2004 Performance Class 2, high visibility safety apparel and headwear, or any updates adopted by Cal OSHA. During hours of darkness, warning garments shall be retroreflective with visibility from a minimum 1,000 feet. (Address this condition during construction)
51.EXCAVATION SAFETY: All excavations must be performed in conformance with California Government Code Section 4216 et seq. No excavation shall occur until proper notice is provided to Underground Service Alert (usanorth811.org) by calling either 811 or 800-642-2444 at least 72-hours prior to the work so buried utilities can be marked. All
excavations shall be covered or barricaded to prevent entry when work is inactive. Open excavations in the public right-of-way must be covered by skidresistant steel plates that are firmly affixed to the surface with leading edges ramped. Excavations 5-feet and deeper require a protective system as defined by Cal-OSHA. If a shoring system or trench boxes will be utilized as the protective system, said system shall either be manufactured and installed according to manufacturer recommendations, or designed by a registered professional engineer and installed according to approved plans. No excavation shall be performed atop or adjacent to a high-risk facility until authorized by the owner of the facility. High-risk facilities are defined as gas transmission pipelines and hazardous liquid pipelines as regulated by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (US DOT PHMSA) (Address this condition during construction)
52.POLLUTANT REDUCTION IN STORMWATER: At no time during construction of the project shall pollutants be allowed to enter, clog, or contaminate storm drain pipe networks or open stormwater channels in violation of Pleasanton Municipal Code §9.14.080 et seq. The applicant shall contain all trash and debris for proper disposal to authorized landfills or recyclers. Erosion control features shall be deployed during the rainy season that extends from October 1st to April 15th each year, or any time rain is forecast outside of this period. Best Management Practices (BMPs) shall be strictly followed. Street sweepers must be employed if soil or debris is tracked onto the public roads from vehicles exiting the site. Standard BMPs
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are available from the California Stormwater Quality Association (CASQA), the United States Environmental Protection Agency (EPA), Caltrans, and others. Notes and/or illustrations shall be added to the plans that describe the BMPs to be utilized during construction. The use of manufactured erosion control woven blankets and straw wattles that utilize plastic monofilament netting is specifically prohibited. (Address this condition during construction)
53.DUST CONTROL: Dust control measures must be employed during all phases of construction to prevent airborne nuisance to neighboring properties. All stockpiles or unused materials that can create dust shall be covered or removed. Exposed soil areas shall be routinely watered until surfacing materials or landscaping is installed. Use of dust palliatives shall conform to Caltrans Standard Specification Section 18. Any damage caused by airborne dust to neighboring properties shall be cleaned with costs paid by the applicant. If the applicant fails the address dust as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction)
54.PROPERTY NUISANCE: At no time during construction of the project shall the condition of the property become a nuisance as defined in Pleasanton Municipal Code
§9.28.020. The City shall have the right to inspect the property for conditions that violate the code standard. If a nuisance is found, the applicant shall immediately submit a plan of correction. Depending on the severity of the nuisance, the City may suspend all construction work until the condition is corrected. Any of the following conditions shall be considered severe: Leaking chemicals that can cause environmental damage; open
excavations or any excavation deeper than 4 feet that lacks proper shoring; unsecured materials that can fall to the ground causing damage or injury; open or exposed utilities that could cause electrical shock or contamination of sewer, potable water systems, groundwater wells, or storm drainage networks. If the applicant fails to address the nuisance as directed by the City, the City shall have the right to enter the property to effectuate the correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. (Address this condition during construction)
55.NOISE: Construction noise is regulated under Pleasanton Municipal Code Chapter
9.04. Noise is prohibited outside of the hours of 8:00 am and 8:00 pm daily except Sundays and holidays when noise is prohibited outside the hours of 10:00 am and 6:00 pm. Noise is defined as a level exceeding 83 dBA at a distance of 25 feet or 86 dBA at any point beyond the boundary of the property under construction. If the applicant fails to address the noise as directed by the City, the City shall have the right to enter the property to effectuate the
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correction, with all costs paid by the applicant or levied as a lien against the applicant’s property. Exceptions to these regulations require a special permit granted by the City for circumstances when strict compliance would be impractical or unreasonable, and contingent upon proper noticing to surrounding property owners that includes the dates and times when noise levels will be exceeded and the specific reasons why an exception to the regulation has been granted. (Address this condition during construction)
56.GEOGRAPHIC INFORMATION SYSTEMS: The City’s Geographic Information Systems (GIS) staff publishes digital maps that enable first responders to efficiently navigate to locations where calls for service have been requested.
The maps are also shared with agencies and departments that provide other critical services to residents such as mail delivery. To keep these maps current, the City requires as-built plan or map information to be submitted by the applicant in a format that integrates with ArcGIS by ESRI. The “Digital Submittal Requirements” are available for download at the following weblink:
https://www.cityofpleasantonca.gov/gov/depts/gis.asp
(Address this condition prior to acceptance of improvement or issuance of an Occupancy Permit)
57.DAMAGE TO EXISTING PUBLIC OR PRIVATE IMPROVEMENTS: The applicant shall repair damage to existing public or private improvements on and near the project site and along the haul route at the applicant’s expense if caused by construction activities. (Address this condition prior to acceptance of improvements or issuance of an Occupancy Permit) FIRE DEPARTMENT – 925-454-2361
The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.
58.FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.
59.FIRE CODE: All construction shall conform to the requirements of the 2016 Pleasanton Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.
60.SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter 33.
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61.FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2016 Pleasanton Building, Fire and Residential Codes with local amendments and ordinances.
62.EMERGENCY RESPONDER RADIO: Emergency responder radio coverage shall be provided in accordance with section 510 of the Fire Code.
63.FIRE PROTECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.
64.WATER FLOW AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection.
Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.
65.ELECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections.
The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.
66.PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1-inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the LivermorePleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.
67.FINAL INSPECTION: Prior to request for final inspection, all access roads, onsite access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.
LANDSCAPE ARCHITECTURE DIVISION – 925-931-5672
Landscaping
68.Building permit plans shall show all trees 6" in diameter or greater, including their dripline, and include tree protection notes for trees to be retained as required by the municipal code. All trees 6" in diameter or greater that are being removed should be replaced with a 15-gallon sized tree.
69.LANDSCAPING: Detailed landscape and irrigation plans encompassing all planting areas shall be included in the building permit plans. All plans shall be prepared by a licensed landscape architect and shall provide the species, location, size, quantities, and spacing of all plants. Minimum plant sizes are 1-
Ordinance No. 24-XXXX
gallon containers for ground cover, 5-gallon containers for shrubs, and 15-gallon containers for trees. Plant species shall be of a drought-tolerant nature and the irrigation design shall utilize low-volume drip, bubbler, or other water conserving irrigation systems to the maximum extent possible. The drawings shall be subject to the review and approval of the City Landscape Architect prior to building permit issuance.
70.BACKFLOW AND IRRIGATION METER SCREENING: All backflow prevention devices, above ground irrigation controls, and above ground irrigation meters shall be located and screened to minimize their visual impacts. These devices with their proposed screening shall be shown on the landscaping and utility plans submitted with the building permit plans or improvement plans, clearly marked "above ground" or “below ground” on the plans, and shall be subject to the review and approval of the City Landscape Architect prior to their installation. If above-ground, they shall be painted forest green or an equivalent dark-green color. Screens shall consist of berms, walls, or landscaping satisfactorily integrated into the landscape plan. Landscape screens shall include shrubbery designed by species and planting density to establish a complete screen within 1 year from the date of planting. Weather protection devices, such as measures to protect pipes from freezing, shall require approval by the City Landscape Architect prior to use; at no time shall fabric or other material not designed and/or intended for this purpose be wrapped around or otherwise placed on these devices.
Trees
71.TREE BOND: Any tree affected by development/construction must be protected per the Municipal Code. The applicant shall post cash, letter of credit, or other security satisfactory to the Director of Engineering/City Engineer, for all Heritage Trees and any other significant tree as deemed by the City Landscape Architect.
This bond or security will be for the value of the tree(s), up to a maximum of $100,000, and shall be held for a minimum of 1 year following acceptance of public improvements of completion of construction, whichever is later, and shall be forfeited if the trees are destroyed or substantially damaged. An arborist shall be onsite during any tree work (i.e. root pruning, trimming, setting up tree protection, etc.). The bond or security may be released early with a certification letter by the arborist confirming he/she was present during said tree work and work was performed in accordance with the arborist’s recommendations.
72.ROOT CUTTING: The applicant shall comply with the following tree root cutting requirements:
a. Roots 1-inch in diameter or larger to be removed shall be cleanly cut with a hand saw. Roots smaller than 1-inch in diameter are not considered to be significant and may be removed by the most efficient means.
Ordinance No. 24-XXXX
b. Roots larger than 2-inches in diameter and within 8-feet of the tree trunk shall not be cut or ground unless prior approval has been received from the Landscape Architecture Division.
c. Roots of any diameter farther than 8-feet from the tree trunk, which are in conflict with the proposed work may be ground a maximum of onehalf of their diameter. Work of this nature shall only be performed using a mechanical stump grinder and only by personnel familiar with its operation.
d. Roots up to 6-inches in diameter and farther than 8-feet from the tree trunk may be removed if they are in conflict with the proposed work.
Roots that are removed shall be cleanly cut using a hand saw.
73.ROOT CONTROL BARRIER: The applicant shall provide root control barriers and 4-inch perforated pipe for all trees located within 8-feet of pavement or other hardscape, determined by the City Landscape Architect. Root barriers shall be located along the edge of the pavement wherever the tree is within 8-feet of pavement or hardscape. Information and details shall be included in the landscape plan submittal for review and approval by the Landscape Architecture Division.
74.TREE PRUNING: Pruning shall be conducted by a certified arborist familiar with the International Society of Arboriculture (ISA) pruning guidelines and shall comply with the guidelines established by the ISA, Tree Pruning Guidelines, current edition, to maintain the health of the trees.
75.TREE PROTECTION FENCING: Prior to issuance of a grading or building permit, the applicant shall install temporary 6-foot tall chain-link fencing (or other fence type acceptable to the Landscape Architecture Division) outside of the existing tree drip lines. The location of the tree protection fencing shall be shown on the demolition plans (if applicable), grading, building, and/or landscape plans.
The fencing shall remain in place until final landscape inspection by the Landscape Architecture Division. Removal of such fencing prior to approval may result in a “stop work order.”
76.PROJECT PLANS: The following statements shall be printed on the demolition, grading and landscape plans where applicable to the satisfaction of the City Landscape Architect prior to issuance of building permits:
e. No existing tree may be trimmed or pruned without prior approval by the City Landscape Architect.
f. Utilize best efforts to locate any new utility trenches outside of the existing canopy of the trees to be saved. If this is not feasible, the applicant shall submit a report from a certified arborist acceptable to the City indicating trenching will not be detrimental to the health of the tree.
g. Nothing may be stored within the dripline of the tree canopies. This includes equipment, oil, gas, chemicals, harmful materials, fill or storage.
Ordinance No. 24-XXXX
h. No oil, gasoline, chemicals, or other harmful materials shall be deposited or disposed within the dripline of the trees or in drainage channels, swales, or areas that may lead to the dripline. i. No sign, wires, or ropes shall be attached to the trees. j. No stockpiling/storage of construction materials, fill, etc., shall take place underneath or within 5-feet of the dripline of the existing trees. k. No equipment or temporary structures shall be placed within or beneath the dripline of the existing trees.
Failure to comply with these requirements may result in a “stop work order”.
OPERATIONS SERVICES DEPARTMENT – ENVIRONMENTAL
SERVICES/UTILITIES DIVISION – 925-931-5500
77.BACKFLOW PREVENTION ASSEMBLIES: Backflow preventer assemblies shall be designed and installed in accordance with current City Standards 704, 705, 706; State Health and Safety Code; Title 17; and as required by the Director of Operations and Water Utilities. All backflow preventer assemblies shall be tested and certified by a City approved tester with the certification submitted to the City’s contractor, Aqua Backflow. Testing will be performed at the time City water is turned on to the site. If an existing backflow preventer is on the site it shall be tested and certified by an approved tester with the certification submitted to the City’s contractor, Aqua Backflow, before project water is drawn through it.
An all-weather cover shall be placed over all backflow prevention assemblies 4 inch and smaller.
TRAFFIC ENGINEERING DIVISION – 925-931-5677
Traffic Control
78.TRAFFIC CONTROL PLAN (TCP): A comprehensive traffic control plan shall be submitted to the City Traffic Engineer for review and approval. Best management practices to minimize traffic impacts shall be used during construction, including scheduling of major truck trips and deliveries, to avoid peak travel hours. The TCP shall have proper lane closure procedures such as flagger stations, signage, cones, and other warning devices implemented during construction. The TCP shall also include time of day/hours of lane closures and total number of days.
79.TRUCK ROUTES: The haul route for all materials to and from the project site shall be reviewed and approved by the City Traffic Engineer prior to building permit issuance and shall include the provision to monitor the street surfaces used for the haul route so that any damage and debris attributable to the haul trucks is identified and corrected at the expense of the applicant.
Planning Commission
Agenda Report
PL £ASANTON.
June 12, 2024
Item 3
SUBJECT:
APPLICANT/
PROPERTY OWNER:
PURPOSE:
LOCATION:
GENERAL PLAN:
ZONING:
EXHIBITS:
PUD-18-07M
Anurag Jain
Application for Planned Unit Development Major Modification to 1) subdivide an approximately 1 .4-acre parcel located at 3450 Mohr Avenue into two parcels measuring
approximately 44,237 square feet (Lot 1) and approximately 17,123 square feet (Lot 2), and 2) construct an
approximately 2,288-square-foot addition to the existing residence on Lot 1.
3450 Mohr Avenue
Low Density Residential
Planned Unit Development- Low Density Residential (PUDLDR) District A.
B.
C.
D.
Draft Resolution and Conditions of Approval
Vesting Tentative Map 11413 and project plans dated
received "April 8, 2024"
Location and Notification Map
Public Comment
STAFF RECOMMENDATION
Staff recommends the Planning Commission adopt the attached resolution recommending approval of PUD-18-07M to the City Council, based on the required findings and subject to the draft Conditions of Approval listed in Exhibit A.
EXECUTIVE SUMMARY
The applicant proposes to subdivide the parcel into two parcels measuring approximately 44,237 square feet and approximately 17,123 square feet, respectively, and construct an approximately 2,288-square-foot one- and two-story addition to the existing residence on Lot 1. The Planning Commission may recommend approval, approval with conditions, or denial of the application to the City Council.
BACKGROUND
The subject site is a part of PUD-18, a development by Ponderosa Homes that was approved on August 20, 2002 by City Council Ordinance 1866. The development Attachment 2
Planning Commission Minutes Page 1 of 3 June 12, 2024
PLANNING COMMISSION
MEETING MINUTES
Wednesday, June 12, 2024
CALL TO ORDER, PLEDGE OF ALLEGIANCE, AND ROLL CALL
Chair Gaidos called the regular meeting of the Planning Commission to order at 7:02 p.m. from the City Council Chambers located at 200 Old Bernal Avenue and from 20 Sidney Street, Cambridge, MA 02139.
Commissioner Jain led the Pledge of Allegiance.
Commissioners Present: Commissioners Anurag Jain, Vivek Mohan, Ken Morgan, Brandon Pace via teleconference, Stephanie Wedge, and Chair Matt Gaidos Commissioners Absent: None
AGENDA AMENDMENTS
None.
CONSENT CALENDAR
1. Actions of the Zoning Administrator
Recommendation: Receive report.
2. P24-029, Prodigy Sports Performance, Inc., 6689 Owens Drive, Suite 500 – Application for a Conditional Use Permit to establish a gymnasium with up to 20 members onsite at any one time at the existing building located at 6689 Owens Drive, Suite 500 Recommendation: Adopt Resolution No. PC-2024-12 approving the application.
3. PUD-18-07M, Anurag Jain, 3450 Mohr Avenue – Application for Planned Unit Development Major Modification to 1) subdivide an approximately 1.4-acre parcel located at 3450 Mohr Avenue into two parcels measuring approximately 44,237 square feet (Lot 1) and approximately 17,123 square feet (Lot 2) and 2) construct an approximately 2,288-square-foot addition to the existing residence on Lot 1
Recommendation: Adopt Resolution No. PC-2024-13 approving the application.
4. Approve the meeting minutes of May 22, 2024
Recommendation: Approve the meeting minutes.
MOTION: It was m/s by Pace/Morgan to pull Item 3 for discussion and approve Items 1, 2, and 4 on the Consent Calendar, as recommended. Motion passed by the following roll call vote:
Ayes: Commissioners Jain, Mohan, Morgan, Pace, and Chair Gaidos Attachment 3
Planning Commission Minutes Page 2 of 3 June 12, 2024
Noes: None
Absent: None
Abstain: None
MEETING OPEN TO THE PUBLIC
5. Public comment regarding items not listed on the agenda.
Chair Gaidos opened the public comment. There being no speakers, Chair Gaidos closed the public comment.
PUBLIC HEARING AND OTHER MATTERS
Commissioner Jain recused himself due to a conflict of interest on Item 3.
3. PUD-18-07M, Anurag Jain, 3450 Mohr Avenue – Application for Planned Unit Development Major Modification to 1) subdivide an approximately 1.4-acre parcel located at 3450 Mohr Avenue into two parcels measuring approximately 44,237 square feet (Lot 1) and approximately 17,123 square feet (Lot 2) and 2) construct an approximately 2,288-square-foot addition to the existing residence on Lot 1
Recommendation: Adopt Resolution No. PC-2024-13 approving the application.
Associate Planner Emily Carroll presented the item.
Chair Gaidos opened the public comment. Public comments were received from: Anurag Jain, applicant; Satyesh Jaiswal; Vipin Jain; Puja Jaiswal; Sahil Gupta; Elena Sagayan; Tanuj Sharma; Sanket Patle; and Navin Ramingmi.
Chair Gaidos closed the public comment.
MOTION: It was m/s by Pace/Mohan to adopt Resolution No. PC-2024-13 approving the application, as recommended. Motion passed by the following roll call vote:
Ayes: Commissioners Mohan, Morgan, Pace, Wedge, and Chair Gaidos Noes: None
Absent: None
Abstain: None
Recuse: Commissioner Jain
MATTERS FOR COMMISSION'S REVIEW/ACTION/INFORMATION
6. Reports from Meetings Attended (e.g., Committee, Task Force, etc.) None.
Commissioner Jain rejoined the meeting.
7. Actions of the City Council
Director Ellen Clark provided a brief overview of the items listed in the report.
8. Future Planning Calendar
Planning Commission Minutes Page 3 of 3 June 12, 2024
Planning Manager Melinda Denis provided a brief overview of the items listed in the report.
MATTERS INITIATED BY COMMISSION MEMBERS
None.
ADJOURNMENT
Chair Gaidos adjourned the meeting at 7:46 p.m.
__________________________________
Estela Ramirez, Recording Secretary
Item #6
CITY COUNCIL AGENDA REPORT
July 16, 2024
Finance
TITLE: ACCEPT THE MONTHLY DISBURSEMENTS AND INVESTMENT REPORT FOR MAY 2024
SUMMARY
Attached is the City of Pleasanton monthly disbursements and investment report for May 2024.
RECOMMENDATION
Accept claim disbursements in the amount of $16,146,892 and the investment report for the month of May 2024.
BACKGROUND
The City's Investment Policy requires the Director of Finance to submit a monthly transaction report to the City Council within 60 days of the end of the reporting period in accordance with California Government Code Section 53607.
The Investment Policy also requires the Director of Finance to submit a quarterly report to the City Council on the status of the City's investment portfolio no later than 45 days after the end of each month. This report shall include the types of investments, the amount of money invested with various institutions, purchase and maturity dates, and yield on investments. The Director of Finance certifies that the investment portfolio is in compliance with the investment policy and that it will meet cash flow needs for the next six months.
The staff report also includes check and electronic payment information for May 2024.
DISCUSSION
Monthly disbursements and investment report provides transparency of the City’s financial transactions and payments for review by the City Council. Please note that the medium term note with 3M Company is rated at A by Moody's and rated at BBB+ by S&P. A rating of A indicates the investment grade is very high and a rating of BBB+ indicates the investment grade is good. When this investment was purchased in 2019, it met the A rating category required by the City's investment policy. This investment is scheduled to mature in February 2025. Staff has been monitoring this investment and will take action such as selling the security before maturity if warranted.
EQUITY AND SUSTAINABILITY
Not applicable, as this item is a routine administrative matter of City business.
OUTREACH
No outreach was conducted, as this item is a routine administrative matter of City business.
STRATEGIC PLAN ALIGNMENT
Not applicable, as this item is a routine administrative matter.
FISCAL IMPACT
There is no fiscal impact associated with this action.
Prepared by: Submitted by: Approved by:
Dawn DeMarcus, Senior
Budget and Finance Analyst
Susan Hsieh, Director of Finance Gerry Beaudin, City
Manager
Attachments:
1. Disbursement & Investment Report
May 2024 DISBURSEMENTS
CHECK REGISTER*
DATE CHECK NUMBER AMOUNT
5/2/2024 61616-61742 $ 1,535,064
5/10/2024 61758-61863 394,221
5/16/2024 61868-62012 2,564,895
5/23/2024 62027-62180 1,508,092
5/31/2024 62181-62346,62357,62360-62362 868,559
$ 6,870,830
ACH PAYMENTS
DATE CHECK NUMBER AMOUNT
5/2/2024 61743-61757 $ 2,176,729
5/10/2024 61864-61867 14,394
5/16/2024 62013-62026 402,055
5/31/2024 62347-62356,62358-62359 264,248
Payroll & Tax related ACH Payments 977,404
$ 3,834,831
WIRE TRANSFERS AMOUNT
$ -
PAYROLL TRANSFERS
DATE AMOUNT
5/2/2024 2,076,377 $
5/16/2024 1,674,461
5/30/2024 1,690,393
$ 5,441,230
TOTAL DISBURSEMENTS $ 16,146,892
* Detailed registers available upon request.
$249,697,851
1.63%
456
*Based on Market value
Total Market Value
Effective Rate of Return
Portfolio Snapshot
Average Days to Maturity
Portfolio Characteristics
May 31, 2024
0.2%
29.7%
9.6%
1.1%
59.1%
0.4%
Sector Allocation
Certificates of Deposit - Bank
LAIF
Medium Term Notes
Federal Agency Issues - Coupon
Federal Agency Issues - Callable
Supranationals
-
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
0-1 Yrs 1-2 Yrs 2-3 Yrs 3-4 Yrs 4-5 Yrs
35%
49%
16%
Maturity Distribution
29.7%
0.2%
4.1%
64.9%
0.4% 0.8%
Assigned Credit Ratings of Investments
LAIF
FDIC
A
AA
AAA
BBB
CITY OF PLEASANTON
Portfolio Management
May 31, 2024
City of Pleasanton
Portfolio Summary
% of
Portfolio
Book
Value Investments
Market
Value
Par
Value
Days to
Term Maturity
YTM
360 Equiv.
YTM
365 Equiv.
Certificates of Deposit - Bank 490,266.82 490,266.82 490,266.82 0.19 262 215 4.823 4.890 LAIF 74,500,000.00 74,067,249.39 74,500,000.00 28.34 1 1 4.273 4.332 Medium Term Notes 24,970,000.00 23,971,634.20 25,504,515.08 9.70 1,798 413 1.482 1.503 Federal Agency Issues - Coupon 3,000,000.00 2,749,410.00 2,995,657.09 1.14 1,825 933 1.262 1.280 Federal Agency Issues - Callable 158,630,000.00 147,496,260.80 158,420,440.80 60.26 1,822 668 0.903 0.916 Supranationals 1,000,000.00 923,030.00 980,200.00 0.37 1,704 635 0.922 0.935 262,891,079.79 100.00%
Investments
262,590,266.82 249,697,851.21 1,301 456 1.926 1.953
Current Year
May 31
427,832.39
Fiscal Year To Date
3,551,303.52
Average Daily Balance
Effective Rate of Return
263,539,144.31 236,540,202.07
1.91% 1.63%
Total Earnings Month Ending
I hereby certify that, to the best of my knowledge, this report includes all investments in the cash management program, is in accordance with the City's current investment policy dated June 20, 2023 and will meet the City's cash flow needs for the next six months. Market value amounts are from Bank of New York Mellon (safekeeping bank) month-end statements. Book value amounts include premiums or discounts and are adjusted at year end on the general ledger. __________________________________________________ ____________________
SUSAN HSIEH, DIRECTOR OF FINANCE
Portfolio PLST
CC
Reporting period 05/01/2024-05/31/2024
Run Date: 07/03/2024 - 09:13 PM (PRF_PM1) 7.3.11
Report Ver. 7.3.11
7/3/2024
YTM
365
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
CUSIP Investment # 360
Purchase
Date
Certificates of Deposit - Bank
SYS 1093-2 Fremont Bank 04/21/2024 239,245.20 239,245.20 239,245.20 4.890 4.823 4.890 112 09/21/2024 SYS 1091 1091-2 United Business Bank 04/11/2024 251,021.62 251,021.62 251,021.62 4.890 4.823 4.890 314 04/11/2025 Subtotal and Average 490,266.82 490,266.82 490,266.82 490,266.82 4.823 4.890 215 LAIF
SYS5 5 LOCAL AGENCY INVESTMENT FUND 74,500,000.00 74,067,249.39 74,500,000.00 4.332 4.273 4.332 1 Subtotal and Average 74,500,000.00 74,500,000.00 74,067,249.39 74,500,000.00 4.273 4.332 1 Medium Term Notes
69371RQ25 6062 PACCAR FINANCIAL CORP 03/31/2020 1,330,000.00 1,320,823.00 1,294,196.40 2.150 2.770 2.808 75 08/15/2024 037833DM9 6048 Apple Inc. 01/07/2020 1,040,000.00 1,029,839.20 1,040,000.00 1.800 1.775 1.800 102 09/11/2024 89236TGL3 6046 Toyota Motor Credit Corp 10/24/2019 1,600,000.00 1,581,712.00 1,599,984.00 2.000 1.973 2.000 128 10/07/2024 037833DF4 6049 Apple Inc. 01/13/2020 1,000,000.00 984,600.00 1,037,212.20 2.750 1.938 1.965 226 01/13/2025 88579YBH3 6053 3M Company 02/14/2020 2,000,000.00 1,949,680.00 2,016,869.48 2.000 1.798 1.823 258 02/14/2025 30231GAF9 6056 EXXON MOBIL CORPORATION 03/11/2020 3,000,000.00 2,939,490.00 3,145,587.00 2.709 1.667 1.690 278 03/06/2025 89788JAA7 6058 Truist Bank 03/13/2020 2,000,000.00 1,935,520.00 1,969,486.00 1.500 1.796 1.821 282 03/10/2025 30231GBH4 6064 EXXON MOBIL CORPORATION 04/20/2020 2,000,000.00 1,963,180.00 2,113,800.00 2.992 1.753 1.777 291 03/19/2025 89236THW8 6067 Toyota Motor Credit Corp 03/09/2021 3,000,000.00 2,797,200.00 2,959,140.00 0.800 1.075 1.090 587 01/09/2026 037833EB2 6065 Apple Inc. 02/08/2021 2,000,000.00 1,860,520.00 1,996,860.00 0.700 0.722 0.732 617 02/08/2026 037833BY5 6066 Apple Inc. 02/23/2021 3,000,000.00 2,911,860.00 3,331,380.00 3.250 0.967 0.981 632 02/23/2026 46632FSCO 6068 JPMorgan Chase Bank NA 06/22/2021 3,000,000.00 2,697,210.00 3,000,000.00 1.100 1.085 1.100 751 06/22/2026 Subtotal and Average 26,152,579.60 24,970,000.00 23,971,634.20 25,504,515.08 1.482 1.503 413 Federal Agency Issues - Coupon
3130AQF65 3576 FEDERAL HOME LOAN BANK 12/22/2021 3,000,000.00 2,749,410.00 2,995,657.09 1.250 1.262 1.280 933 12/21/2026 Subtotal and Average 2,995,657.09 3,000,000.00 2,749,410.00 2,995,657.09 1.262 1.280 933 Federal Agency Issues - Callable
3134GVZ68 4535 FREDDIE MAC 06/23/2020 3,000,000.00 2,857,980.00 2,998,950.00 0.700 0.697 0.707 387 06/23/2025 3133ELQ49 4537 FEDERAL FARM CREDIT BANK 07/06/2020 3,000,000.00 2,862,570.00 2,997,750.00 0.700 0.706 0.715 394 06/30/2025 3136G4YH0 4538 FEDERAL NATIONAL MORTGAGE ASSN 07/14/2020 3,250,000.00 3,095,950.00 3,248,862.50 0.700 0.697 0.707 408 07/14/2025 3136G4A45 4541 FEDERAL NATIONAL MORTGAGE ASSN 07/22/2020 3,000,000.00 2,855,430.00 3,000,000.00 0.710 0.700 0.710 416 07/22/2025 3130AJZ36 4544 FEDERAL HOME LOAN BANK 08/27/2020 3,000,000.00 2,841,090.00 2,997,000.00 0.600 0.612 0.620 452 08/27/2025 3134GWA55 4545 FREDDIE MAC 09/09/2020 3,000,000.00 2,839,170.00 2,998,950.00 0.650 0.648 0.657 465 09/09/2025 3133EMBJ0 4548 FEDERAL FARM CREDIT BANK 10/05/2020 3,340,000.00 3,148,417.60 3,336,660.00 0.530 0.543 0.550 485 09/29/2025 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM2) 7.3.11
Report Ver. 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
CUSIP Investment # 360
Purchase
Date
Federal Agency Issues - Callable
3134GWW93 4547 FREDDIE MAC 09/30/2020 3,000,000.00 2,828,370.00 3,000,000.00 0.550 0.542 0.550 486 09/30/2025 3134GWWT9 4549 FREDDIE MAC 10/07/2020 3,000,000.00 2,828,370.00 2,997,600.00 0.550 0.559 0.566 486 09/30/2025 3134GW3F1 4550 FREDDIE MAC 10/28/2020 3,000,000.00 2,820,810.00 3,000,000.00 0.600 0.592 0.600 514 10/28/2025 3130AKGD2 4553 FEDERAL HOME LOAN BANK 11/25/2020 3,000,000.00 2,809,470.00 2,996,250.00 0.570 0.587 0.595 542 11/25/2025 3135GA3W9 4552 FEDERAL NATIONAL MORTGAGE ASSN 11/25/2020 3,000,000.00 2,811,540.00 3,000,000.00 0.600 0.592 0.600 542 11/25/2025 3134GXDM3 4554 FREDDIE MAC 12/01/2020 3,000,000.00 2,810,640.00 3,000,000.00 0.620 0.612 0.620 548 12/01/2025 3130AKQ74 4555 FEDERAL HOME LOAN BANK 01/22/2021 3,000,000.00 2,791,080.00 3,000,000.00 0.625 0.616 0.625 600 01/22/2026 3130AKRN8 4557 FEDERAL HOME LOAN BANK 01/28/2021 3,000,000.00 2,790,090.00 3,000,000.00 0.650 0.641 0.650 606 01/28/2026 3135G06R9 4556 FEDERAL NATIONAL MORTGAGE ASSN 01/28/2021 3,000,000.00 2,788,200.00 3,000,000.00 0.550 0.542 0.550 606 01/28/2026 3130AKXQ4 4558 FEDERAL HOME LOAN BANK 02/12/2021 3,000,000.00 2,783,880.00 3,000,000.00 0.600 0.109 0.110 621 02/12/2026 3130AL3S1 4560 FEDERAL HOME LOAN BANK 02/17/2021 3,000,000.00 2,782,290.00 3,000,000.00 0.625 0.616 0.625 626 02/17/2026 3130AL5X8 4561 FEDERAL HOME LOAN BANK 02/24/2021 3,000,000.00 2,781,210.00 3,000,000.00 0.650 0.641 0.650 633 02/24/2026 3130AKXJ0 4562 FEDERAL HOME LOAN BANK 02/24/2021 3,125,000.00 2,894,562.50 3,122,500.00 0.600 0.608 0.616 633 02/24/2026 3130ALCV4 4563 FEDERAL HOME LOAN BANK 02/24/2021 3,000,000.00 2,786,100.00 3,000,000.00 0.750 0.740 0.750 633 02/24/2026 3130AKZ25 4559 FEDERAL HOME LOAN BANK 02/26/2021 3,000,000.00 2,782,320.00 3,000,000.00 0.650 0.641 0.650 635 02/26/2026 3130ALGR9 4572 FEDERAL HOME LOAN BANK 03/15/2021 3,000,000.00 2,793,900.00 2,989,560.00 0.850 0.909 0.922 635 02/26/2026 3130ALGR9 4574 FEDERAL HOME LOAN BANK 03/18/2021 3,000,000.00 2,793,900.00 2,985,960.00 0.850 0.934 0.947 635 02/26/2026 3130ALGR9 4577 FEDERAL HOME LOAN BANK 03/22/2021 3,000,000.00 2,793,900.00 2,982,510.00 0.850 0.958 0.971 635 02/26/2026 3130ALGR9 4579 FEDERAL HOME LOAN BANK 03/31/2021 3,000,000.00 2,793,900.00 2,978,517.00 0.850 0.986 1.000 635 02/26/2026 3130ALDN1 4565 FEDERAL HOME LOAN BANK 03/16/2021 3,000,000.00 2,784,840.00 3,000,000.00 0.800 0.789 0.800 653 03/16/2026 3130ALGC2 4569 FEDERAL HOME LOAN BANK 03/23/2021 3,000,000.00 2,786,520.00 3,000,000.00 0.875 0.863 0.875 660 03/23/2026 3130ALGC2 4576 FEDERAL HOME LOAN BANK 03/23/2021 3,000,000.00 2,786,520.00 2,987,700.00 0.875 0.946 0.959 660 03/23/2026 3133EMUK6 4575 FEDERAL FARM CREDIT BANK 03/25/2021 3,000,000.00 2,796,900.00 3,000,000.00 1.050 1.036 1.050 662 03/25/2026 3130ALMM3 4571 FEDERAL HOME LOAN BANK 03/30/2021 3,000,000.00 2,790,660.00 3,000,000.00 1.000 0.986 1.000 667 03/30/2026 3130ALNT7 4578 FEDERAL HOME LOAN BANK 03/30/2021 3,000,000.00 2,788,620.00 2,998,050.00 0.980 0.980 0.993 667 03/30/2026 3130ALMM3 4581 FEDERAL HOME LOAN BANK 04/05/2021 3,000,000.00 2,790,660.00 2,996,250.00 1.000 1.012 1.026 667 03/30/2026 3130ALUC6 4580 FEDERAL HOME LOAN BANK 04/15/2021 3,000,000.00 2,787,270.00 2,995,500.00 1.020 1.036 1.051 683 04/15/2026 3130AMCL4 4585 FEDERAL HOME LOAN BANK 05/20/2021 2,795,000.00 2,585,934.00 2,795,000.00 1.020 1.006 1.020 717 05/19/2026 3130AMH62 4587 FEDERAL HOME LOAN BANK 05/26/2021 3,000,000.00 2,777,820.00 2,998,500.00 1.000 0.996 1.010 724 05/26/2026 3130AMGW6 4588 FEDERAL HOME LOAN BANK 05/26/2021 3,000,000.00 2,776,710.00 2,998,950.00 0.980 0.974 0.987 724 05/26/2026 3130AMHB1 4590 FEDERAL HOME LOAN BANK 06/02/2021 2,750,000.00 2,539,927.50 2,746,562.50 0.875 0.888 0.901 724 05/26/2026 3130AMH62 4591 FEDERAL HOME LOAN BANK 06/02/2021 1,500,000.00 1,388,910.00 1,500,000.00 1.000 0.986 1.000 724 05/26/2026 3133EMH21 4595 FEDERAL FARM CREDIT BANK 06/24/2021 3,000,000.00 2,763,450.00 2,997,000.00 0.900 0.908 0.921 744 06/15/2026 3130AMSL7 4592 FEDERAL HOME LOAN BANK 06/30/2021 3,000,000.00 2,769,690.00 3,000,000.00 1.030 1.016 1.030 759 06/30/2026 3130AMYA4 4594 FEDERAL HOME LOAN BANK 06/30/2021 3,000,000.00 2,772,030.00 3,000,000.00 1.070 1.055 1.070 759 06/30/2026 3130AN2Q2 4596 FEDERAL HOME LOAN BANK 06/30/2021 1,500,000.00 1,383,960.00 1,500,000.00 1.000 0.986 1.000 759 06/30/2026 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM2) 7.3.11
YTM
365
Par Value Book Value
Maturity
Date
Stated
Market Value Rate
May 31, 2024
Portfolio Details - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
Days to
Maturity
YTM
CUSIP Investment # 360
Purchase
Date
Federal Agency Issues - Callable
3130AMWK4 4597 FEDERAL HOME LOAN BANK 07/14/2021 3,000,000.00 2,761,470.00 2,999,250.00 1.020 1.011 1.025 773 07/14/2026 3130AP2P9 4598 FEDERAL HOME LOAN BANK 09/30/2021 3,000,000.00 2,736,780.00 2,983,500.00 0.920 1.019 1.033 851 09/30/2026 3130APC94 4599 FEDERAL HOME LOAN BANK 10/14/2021 3,000,000.00 2,740,380.00 2,997,750.00 1.070 1.071 1.085 865 10/14/2026 3130APU78 4600 FEDERAL HOME LOAN BANK 12/09/2021 530,000.00 485,586.00 526,947.20 1.300 1.401 1.421 906 11/24/2026 3130APUR4 4601 FEDERAL HOME LOAN BANK 12/09/2021 1,840,000.00 1,682,183.20 1,829,401.60 1.300 1.401 1.421 906 11/24/2026 3130APVC6 4602 FEDERAL HOME LOAN BANK 12/09/2021 3,000,000.00 2,746,170.00 2,988,000.00 1.375 1.439 1.459 913 12/01/2026 3130AQG80 4605 FEDERAL HOME LOAN BANK 01/03/2022 3,000,000.00 2,738,880.00 2,999,250.00 1.420 1.406 1.425 941 12/29/2026 3130AQG80 4606 FEDERAL HOME LOAN BANK 01/10/2022 3,000,000.00 2,738,880.00 2,982,750.00 1.420 1.519 1.541 941 12/29/2026 3130AQEC3 4603 FEDERAL HOME LOAN BANK 12/30/2021 3,000,000.00 2,735,130.00 3,000,000.00 1.370 1.351 1.370 942 12/30/2026 3130AQEF6 4604 FEDERAL HOME LOAN BANK 12/30/2021 3,000,000.00 2,735,490.00 2,998,500.00 1.375 1.366 1.385 942 12/30/2026 3130AQLD3 4607 FEDERAL HOME LOAN BANK 02/08/2022 3,000,000.00 2,770,620.00 2,975,010.00 1.750 1.900 1.926 971 01/28/2027 3130AQW66 4608 FEDERAL HOME LOAN BANK 03/08/2022 3,000,000.00 2,789,130.00 2,995,500.00 2.080 2.083 2.112 999 02/25/2027 Subtotal and Average 158,420,440.80 158,630,000.00 147,496,260.80 158,420,440.80 0.903 0.916 668 Supranationals
45950VPS9 7000 International Finance Corp 06/28/2021 1,000,000.00 923,030.00 980,200.00 0.500 0.922 0.935 635 02/26/2026 Subtotal and Average 980,200.00 1,000,000.00 923,030.00 980,200.00 0.922 0.935 635 Total and Average 263,539,144.31 262,590,266.82 249,697,851.21 262,891,079.79 1.926 1.953 456 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM2) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
May 31, 2024
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Certificates of Deposit - Bank
SYS 1093-2 FREMON 04/21/2024 239,245.20 239,245.20 239,245.20 4.890 112 4.890 1,314.14 0.00 09/21/2024 SYS 1091 1091-2 VCB 04/11/2024 251,021.62 251,021.62 251,021.62 4.890 314 4.890 1,715.13 0.00 04/11/2025 Subtotal and Average 490,266.82 490,266.82 490,266.82 490,266.82 4.890 215 4.890 3,029.27 0.00 LAIF
SYS5 5 LAIF 74,500,000.00 74,067,249.39 74,500,000.00 4.332 1 4.332 465,056.24 -432,750.61 Subtotal and Average 74,500,000.00 74,500,000.00 74,067,249.39 74,500,000.00 4.332 1 4.332 465,056.24 -432,750.61 Medium Term Notes
69371RQ25 6062 PCAR 03/31/2020 1,330,000.00 1,320,823.00 1,294,196.40 2.150 75 2.808 8,419.64 26,626.60 08/15/2024 037833DM9 6048 APPL 01/07/2020 1,040,000.00 1,029,839.20 1,040,000.00 1.800 102 1.799 4,160.00 -10,160.80 09/11/2024 89236TGL3 6046 TOYOTA 10/24/2019 1,600,000.00 1,581,712.00 1,599,984.00 2.000 128 2.000 4,800.00 -18,272.00 10/07/2024 037833DF4 6049 APPL 01/13/2020 1,000,000.00 984,600.00 1,037,212.20 2.750 226 1.964 10,541.67 -52,612.20 01/13/2025 88579YBH3 6053 3M 02/14/2020 2,000,000.00 1,949,680.00 2,016,869.48 2.000 258 1.822 11,888.89 -67,189.48 02/14/2025 30231GAF9 6056 XOM 03/11/2020 3,000,000.00 2,939,490.00 3,145,587.00 2.709 278 1.689 19,188.75 -206,097.00 03/06/2025 89788JAA7 6058 TRU 03/13/2020 2,000,000.00 1,935,520.00 1,969,486.00 1.500 282 1.821 6,750.00 -33,966.00 03/10/2025 30231GBH4 6064 XOM 04/20/2020 2,000,000.00 1,963,180.00 2,113,800.00 2.992 291 1.777 11,968.00 -150,620.00 03/19/2025 89236THW8 6067 TOYOTA 03/09/2021 3,000,000.00 2,797,200.00 2,959,140.00 0.800 587 1.090 9,466.66 -161,940.00 01/09/2026 037833EB2 6065 APPL 02/08/2021 2,000,000.00 1,860,520.00 1,996,860.00 0.700 617 0.732 4,394.44 -136,340.00 02/08/2026 037833BY5 6066 APPL 02/23/2021 3,000,000.00 2,911,860.00 3,331,380.00 3.250 632 0.980 26,541.67 -419,520.00 02/23/2026 46632FSCO 6068 JP 06/22/2021 3,000,000.00 2,697,210.00 3,000,000.00 1.100 751 1.100 14,575.00 -302,790.00 06/22/2026 Subtotal and Average 26,152,579.60 24,970,000.00 23,971,634.20 25,504,515.08 1.977 413 1.503 132,694.72 -1,532,880.88 Federal Agency Issues - Coupon
3130AQF65 3576 FHLB 12/22/2021 3,000,000.00 2,749,410.00 2,995,657.09 1.250 933 1.280 16,666.66 -246,247.09 12/21/2026 Subtotal and Average 2,995,657.09 3,000,000.00 2,749,410.00 2,995,657.09 1.250 933 1.280 16,666.66 -246,247.09 Federal Agency Issues - Callable
3134GVZ68 4535 FHLMC 06/23/2020 3,000,000.00 2,857,980.00 2,998,950.00 0.700 387 0.707 9,216.67 -140,970.00 06/23/2025 3133ELQ49 4537 FFCB 07/06/2020 3,000,000.00 2,862,570.00 2,997,750.00 0.700 394 0.715 8,808.33 -135,180.00 06/30/2025 3136G4YH0 4538 FNMA 07/14/2020 3,250,000.00 3,095,950.00 3,248,862.50 0.700 408 0.707 8,657.64 -152,912.50 07/14/2025 3136G4A45 4541 FNMA 07/22/2020 3,000,000.00 2,855,430.00 3,000,000.00 0.710 416 0.710 7,632.50 -144,570.00 07/22/2025 3130AJZ36 4544 FHLB 08/27/2020 3,000,000.00 2,841,090.00 2,997,000.00 0.600 452 0.620 4,700.00 -155,910.00 08/27/2025 3134GWA55 4545 FHLMC 09/09/2020 3,000,000.00 2,839,170.00 2,998,950.00 0.650 465 0.657 4,441.67 -159,780.00 09/09/2025 3133EMBJ0 4548 FFCB 10/05/2020 3,340,000.00 3,148,417.60 3,336,660.00 0.530 485 0.550 3,048.68 -188,242.40 09/29/2025 3134GWW93 4547 FHLMC 09/30/2020 3,000,000.00 2,828,370.00 3,000,000.00 0.550 486 0.550 2,795.83 -171,630.00 09/30/2025 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM8) 7.3.11
Report Ver. 7.3.11
Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
May 31, 2024
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Issues - Callable
3134GWWT9 4549 FHLMC 10/07/2020 3,000,000.00 2,828,370.00 2,997,600.00 0.550 486 0.566 2,795.83 -169,230.00 09/30/2025 3134GW3F1 4550 FHLMC 10/28/2020 3,000,000.00 2,820,810.00 3,000,000.00 0.600 514 0.600 1,650.00 -179,190.00 10/28/2025 3130AKGD2 4553 FHLB 11/25/2020 3,000,000.00 2,809,470.00 2,996,250.00 0.570 542 0.595 285.00 -186,780.00 11/25/2025 3135GA3W9 4552 FNMA 11/25/2020 3,000,000.00 2,811,540.00 3,000,000.00 0.600 542 0.600 300.00 -188,460.00 11/25/2025 3134GXDM3 4554 FHLMC 12/01/2020 3,000,000.00 2,810,640.00 3,000,000.00 0.620 548 0.620 9,300.00 -189,360.00 12/01/2025 3130AKQ74 4555 FHLB 01/22/2021 3,000,000.00 2,791,080.00 3,000,000.00 0.625 600 0.625 6,718.75 -208,920.00 01/22/2026 3130AKRN8 4557 FHLB 01/28/2021 3,000,000.00 2,790,090.00 3,000,000.00 0.650 606 0.650 6,662.50 -209,910.00 01/28/2026 3135G06R9 4556 FNMA 01/28/2021 3,000,000.00 2,788,200.00 3,000,000.00 0.550 606 0.550 5,637.50 -211,800.00 01/28/2026 3130AKXQ4 4558 FHLB 02/12/2021 3,000,000.00 2,783,880.00 3,000,000.00 0.600 621 0.110 5,450.00 -216,120.00 02/12/2026 3130AL3S1 4560 FHLB 02/17/2021 3,000,000.00 2,782,290.00 3,000,000.00 0.625 626 0.625 5,416.67 -217,710.00 02/17/2026 3130AL5X8 4561 FHLB 02/24/2021 3,000,000.00 2,781,210.00 3,000,000.00 0.650 633 0.650 5,254.17 -218,790.00 02/24/2026 3130AKXJ0 4562 FHLB 02/24/2021 3,125,000.00 2,894,562.50 3,122,500.00 0.600 633 0.616 5,052.08 -227,937.50 02/24/2026 3130ALCV4 4563 FHLB 02/24/2021 3,000,000.00 2,786,100.00 3,000,000.00 0.750 633 0.750 6,062.50 -213,900.00 02/24/2026 3130AKZ25 4559 FHLB 02/26/2021 3,000,000.00 2,782,320.00 3,000,000.00 0.650 635 0.650 5,145.83 -217,680.00 02/26/2026 3130ALGR9 4572 FHLB 03/15/2021 3,000,000.00 2,793,900.00 2,989,560.00 0.850 635 0.922 6,729.17 -195,660.00 02/26/2026 3130ALGR9 4574 FHLB 03/18/2021 3,000,000.00 2,793,900.00 2,985,960.00 0.850 635 0.947 6,729.17 -192,060.00 02/26/2026 3130ALGR9 4577 FHLB 03/22/2021 3,000,000.00 2,793,900.00 2,982,510.00 0.850 635 0.971 6,729.17 -188,610.00 02/26/2026 3130ALGR9 4579 FHLB 03/31/2021 3,000,000.00 2,793,900.00 2,978,517.00 0.850 635 1.000 6,729.17 -184,617.00 02/26/2026 3130ALDN1 4565 FHLB 03/16/2021 3,000,000.00 2,784,840.00 3,000,000.00 0.800 653 0.800 5,000.00 -215,160.00 03/16/2026 3130ALGC2 4569 FHLB 03/23/2021 3,000,000.00 2,786,520.00 3,000,000.00 0.875 660 0.875 4,958.33 -213,480.00 03/23/2026 3130ALGC2 4576 FHLB 03/23/2021 3,000,000.00 2,786,520.00 2,987,700.00 0.875 660 0.959 4,958.33 -201,180.00 03/23/2026 3133EMUK6 4575 FFCB 03/25/2021 3,000,000.00 2,796,900.00 3,000,000.00 1.050 662 1.050 5,775.00 -203,100.00 03/25/2026 3130ALMM3 4571 FHLB 03/30/2021 3,000,000.00 2,790,660.00 3,000,000.00 1.000 667 1.000 5,083.33 -209,340.00 03/30/2026 3130ALNT7 4578 FHLB 03/30/2021 3,000,000.00 2,788,620.00 2,998,050.00 0.980 667 0.993 4,981.67 -209,430.00 03/30/2026 3130ALMM3 4581 FHLB 04/05/2021 3,000,000.00 2,790,660.00 2,996,250.00 1.000 667 1.025 5,083.33 -205,590.00 03/30/2026 3130ALUC6 4580 FHLB 04/15/2021 3,000,000.00 2,787,270.00 2,995,500.00 1.020 683 1.050 3,910.00 -208,230.00 04/15/2026 3130AMCL4 4585 FHLB 05/20/2021 2,795,000.00 2,585,934.00 2,795,000.00 1.020 717 1.019 950.30 -209,066.00 05/19/2026 3130AMH62 4587 FHLB 05/26/2021 3,000,000.00 2,777,820.00 2,998,500.00 1.000 724 1.010 416.67 -220,680.00 05/26/2026 3130AMGW6 4588 FHLB 05/26/2021 3,000,000.00 2,776,710.00 2,998,950.00 0.980 724 0.987 408.33 -222,240.00 05/26/2026 3130AMHB1 4590 FHLB 06/02/2021 2,750,000.00 2,539,927.50 2,746,562.50 0.875 724 0.900 334.20 -206,635.00 05/26/2026 3130AMH62 4591 FHLB 06/02/2021 1,500,000.00 1,388,910.00 1,500,000.00 1.000 724 0.999 208.33 -111,090.00 05/26/2026 3133EMH21 4595 FFCB 06/24/2021 3,000,000.00 2,763,450.00 2,997,000.00 0.900 744 0.920 12,450.00 -233,550.00 06/15/2026 3130AMSL7 4592 FHLB 06/30/2021 3,000,000.00 2,769,690.00 3,000,000.00 1.030 759 1.030 12,960.83 -230,310.00 06/30/2026 3130AMYA4 4594 FHLB 06/30/2021 3,000,000.00 2,772,030.00 3,000,000.00 1.070 759 1.070 13,464.17 -227,970.00 06/30/2026 3130AN2Q2 4596 FHLB 06/30/2021 1,500,000.00 1,383,960.00 1,500,000.00 1.000 759 1.000 6,291.67 -116,040.00 06/30/2026 3130AMWK4 4597 FHLB 07/14/2021 3,000,000.00 2,761,470.00 2,999,250.00 1.020 773 1.025 11,645.00 -237,780.00 07/14/2026 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM8) 7.3.11
Par Value Book Value
Maturity
Date
Accrued
Market Value Interest
May 31, 2024
Portfolio Details with Earnings - Investments
Average
Balance Issuer
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment #
Purchase
Date
Days To
Maturity
Unrealized
Gain/Loss
Current
Rate YTM
Federal Agency Issues - Callable
3130AP2P9 4598 FHLB 09/30/2021 3,000,000.00 2,736,780.00 2,983,500.00 0.920 851 1.033 4,676.67 -246,720.00 09/30/2026 3130APC94 4599 FHLB 10/14/2021 3,000,000.00 2,740,380.00 2,997,750.00 1.070 865 1.085 4,190.83 -257,370.00 10/14/2026 3130APU78 4600 FHLB 12/09/2021 530,000.00 485,586.00 526,947.20 1.300 906 1.420 133.97 -41,361.20 11/24/2026 3130APUR4 4601 FHLB 12/09/2021 1,840,000.00 1,682,183.20 1,829,401.60 1.300 906 1.420 465.11 -147,218.40 11/24/2026 3130APVC6 4602 FHLB 12/09/2021 3,000,000.00 2,746,170.00 2,988,000.00 1.375 913 1.458 20,625.00 -241,830.00 12/01/2026 3130AQG80 4605 FHLB 01/03/2022 3,000,000.00 2,738,880.00 2,999,250.00 1.420 941 1.425 17,986.67 -260,370.00 12/29/2026 3130AQG80 4606 FHLB 01/10/2022 3,000,000.00 2,738,880.00 2,982,750.00 1.420 941 1.540 17,986.67 -243,870.00 12/29/2026 3130AQEC3 4603 FHLB 12/30/2021 3,000,000.00 2,735,130.00 3,000,000.00 1.370 942 1.370 17,239.17 -264,870.00 12/30/2026 3130AQEF6 4604 FHLB 12/30/2021 3,000,000.00 2,735,490.00 2,998,500.00 1.375 942 1.385 17,302.08 -263,010.00 12/30/2026 3130AQLD3 4607 FHLB 02/08/2022 3,000,000.00 2,770,620.00 2,975,010.00 1.750 971 1.926 17,937.50 -204,390.00 01/28/2027 3130AQW66 4608 FHLB 03/08/2022 3,000,000.00 2,789,130.00 2,995,500.00 2.080 999 2.111 16,640.00 -206,370.00 02/25/2027 Subtotal and Average 158,420,440.80 158,630,000.00 147,496,260.80 158,420,440.80 0.898 668 0.916 376,011.99 -10,924,180.00 Supranationals
45950VPS9 7000 IFC 06/28/2021 1,000,000.00 923,030.00 980,200.00 0.500 635 0.935 1,319.44 -57,170.00 02/26/2026 Subtotal and Average 980,200.00 1,000,000.00 923,030.00 980,200.00 0.500 635 0.935 1,319.44 -57,170.00 Total and Average 263,539,144.31 262,590,266.82 249,697,851.21 262,891,079.79 1.986 456 1.953 994,778.32 -13,193,228.58 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM8) 7.3.11
Par Value
Stated
Rate
May 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal
CITY OF PLEASANTON
S&P
YTM
CUSIP Investment # Issuer Moody's
Purchase
Date
Accrued Interest
At Purchase
Certificates of Deposit - Bank
SYS 1093-2 FREMON 239,245.20 4.89009/21/2024 04/21/2024 4.890 239,245.20 239,245.20 SYS 1091 1091-2 VCB 251,021.62 4.89004/11/2025 04/11/2024 4.890 251,021.62 251,021.62 Certificates of Deposit - Bank Totals 490,266.82 4.890 0.00 490,266.82 490,266.82 LAIF
SYS5 5 LAIF 74,500,000.00 4.332 4.332 74,500,000.00 74,500,000.00 LAIF Totals 74,500,000.00 4.332 0.00 74,500,000.00 74,500,000.00 Medium Term Notes
69371RQ25 6062 PCAR 1,330,000.00 2.15008/15/2024 03/31/2020 2.808 A A Received 1,294,196.40 1,294,196.40 037833DM9 6048 APPL 1,040,000.00 1.80009/11/2024 01/07/2020 1.800 AA Aaa Received 1,040,000.00 1,040,000.00 89236TGL3 6046 TOYOTA 1,600,000.00 2.00010/07/2024 10/24/2019 2.000 A A Received 1,599,984.00 1,599,984.00 037833DF4 6049 APPL 1,000,000.00 2.75001/13/2025 01/13/2020 1.965 AA Aaa 1,037,212.20 1,037,212.20 88579YBH3 6053 3M 2,000,000.00 2.00002/14/2025 02/14/2020 1.823 BBB A 2,016,869.48 2,016,869.48 30231GAF9 6056 XOM 3,000,000.00 2.70903/06/2025 03/11/2020 1.690 AA Aa Received 3,145,587.00 3,145,587.00 89788JAA7 6058 TRU 2,000,000.00 1.50003/10/2025 03/13/2020 1.821 A A Received 1,969,486.00 1,969,486.00 30231GBH4 6064 XOM 2,000,000.00 2.99203/19/2025 04/20/2020 1.777 AA Aa Received 2,113,800.00 2,113,800.00 89236THW8 6067 TOYOTA 3,000,000.00 0.80001/09/2026 03/09/2021 1.090 A A Received 2,959,140.00 2,959,140.00 037833EB2 6065 APPL 2,000,000.00 0.70002/08/2026 02/08/2021 0.732 AA Aaa 1,996,860.00 1,996,860.00 037833BY5 6066 APPL 3,000,000.00 3.25002/23/2026 02/23/2021 0.981 AA Aaa 3,331,380.00 3,331,380.00 46632FSCO 6068 JP 3,000,000.00 1.10006/22/2026 06/22/2021 1.100 A Aa 3,000,000.00 3,000,000.00 Medium Term Notes Totals 24,970,000.00 1.503 0.00 25,504,515.08 25,504,515.08 Federal Agency Issues - Coupon
3130AQF65 3576 FHLB 3,000,000.00 1.25012/21/2026 12/22/2021 1.280 AA Aaa 2,995,657.09 2,995,657.09 Federal Agency Issues - Coupon Totals 3,000,000.00 1.280 0.00 2,995,657.09 2,995,657.09 Federal Agency Issues - Callable
3134GVZ68 4535 FHLMC 3,000,000.00 0.70006/23/2025 06/23/2020 0.707 AA Aaa 2,998,950.00 2,998,950.00 3133ELQ49 4537 FFCB 3,000,000.00 0.70006/30/2025 07/06/2020 0.715 AA Aaa Received 2,997,750.00 2,997,750.00 3136G4YH0 4538 FNMA 3,250,000.00 0.70007/14/2025 07/14/2020 0.707 AA 3,248,862.50 3,248,862.50 3136G4A45 4541 FNMA 3,000,000.00 0.71007/22/2025 07/22/2020 0.710 AA Aaa 3,000,000.00 3,000,000.00 3130AJZ36 4544 FHLB 3,000,000.00 0.60008/27/2025 08/27/2020 0.620 AA Aaa 2,997,000.00 2,997,000.00 3134GWA55 4545 FHLMC 3,000,000.00 0.65009/09/2025 09/09/2020 0.657 AA Aaa 2,998,950.00 2,998,950.00 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PMS) 7.3.11
Report Ver. 7.3.11
Par Value
Stated
Rate
May 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal
CITY OF PLEASANTON
S&P
YTM
CUSIP Investment # Issuer Moody's
Purchase
Date
Accrued Interest
At Purchase
Federal Agency Issues - Callable
3133EMBJ0 4548 FFCB 3,340,000.00 0.53009/29/2025 10/05/2020 0.550 AA Aaa Received 3,336,660.00 3,336,660.00 3134GWW93 4547 FHLMC 3,000,000.00 0.55009/30/2025 09/30/2020 0.550 AA Aaa 3,000,000.00 3,000,000.00 3134GWWT9 4549 FHLMC 3,000,000.00 0.55009/30/2025 10/07/2020 0.566 Aaa Received 2,997,600.00 2,997,600.00 3134GW3F1 4550 FHLMC 3,000,000.00 0.60010/28/2025 10/28/2020 0.600 Aaa 3,000,000.00 3,000,000.00 3130AKGD2 4553 FHLB 3,000,000.00 0.57011/25/2025 11/25/2020 0.595 AA Aaa 2,996,250.00 2,996,250.00 3135GA3W9 4552 FNMA 3,000,000.00 0.60011/25/2025 11/25/2020 0.600 AA Aaa 3,000,000.00 3,000,000.00 3134GXDM3 4554 FHLMC 3,000,000.00 0.62012/01/2025 12/01/2020 0.620 Aaa 3,000,000.00 3,000,000.00 3130AKQ74 4555 FHLB 3,000,000.00 0.62501/22/2026 01/22/2021 0.625 AA Aaa 3,000,000.00 3,000,000.00 3130AKRN8 4557 FHLB 3,000,000.00 0.65001/28/2026 01/28/2021 0.650 AA Aaa 3,000,000.00 3,000,000.00 3135G06R9 4556 FNMA 3,000,000.00 0.55001/28/2026 01/28/2021 0.550 AA Aaa 3,000,000.00 3,000,000.00 3130AKXQ4 4558 FHLB 3,000,000.00 0.60002/12/2026 02/12/2021 0.110 AA Aaa 3,000,000.00 3,000,000.00 3130AL3S1 4560 FHLB 3,000,000.00 0.62502/17/2026 02/17/2021 0.625 AA Aaa 3,000,000.00 3,000,000.00 3130AL5X8 4561 FHLB 3,000,000.00 0.65002/24/2026 02/24/2021 0.650 AA Aaa 3,000,000.00 3,000,000.00 3130AKXJ0 4562 FHLB 3,125,000.00 0.60002/24/2026 02/24/2021 0.616 AA 3,122,500.00 3,122,500.00 3130ALCV4 4563 FHLB 3,000,000.00 0.75002/24/2026 02/24/2021 0.750 AA 3,000,000.00 3,000,000.00 3130AKZ25 4559 FHLB 3,000,000.00 0.65002/26/2026 02/26/2021 0.650 AA Aaa 3,000,000.00 3,000,000.00 3130ALGR9 4572 FHLB 3,000,000.00 0.85002/26/2026 03/15/2021 0.922 AA Aaa Received 2,989,560.00 2,989,560.00 3130ALGR9 4574 FHLB 3,000,000.00 0.85002/26/2026 03/18/2021 0.947 AA Aaa Received 2,985,960.00 2,985,960.00 3130ALGR9 4577 FHLB 3,000,000.00 0.85002/26/2026 03/22/2021 0.971 AA Aaa Received 2,982,510.00 2,982,510.00 3130ALGR9 4579 FHLB 3,000,000.00 0.85002/26/2026 03/31/2021 1.000 AA Aaa Received 2,978,517.00 2,978,517.00 3130ALDN1 4565 FHLB 3,000,000.00 0.80003/16/2026 03/16/2021 0.800 AA Aaa 3,000,000.00 3,000,000.00 3130ALGC2 4569 FHLB 3,000,000.00 0.87503/23/2026 03/23/2021 0.875 AA Aaa 3,000,000.00 3,000,000.00 3130ALGC2 4576 FHLB 3,000,000.00 0.87503/23/2026 03/23/2021 0.959 AA Aaa 2,987,700.00 2,987,700.00 3133EMUK6 4575 FFCB 3,000,000.00 1.05003/25/2026 03/25/2021 1.050 AA Aaa 3,000,000.00 3,000,000.00 3130ALMM3 4571 FHLB 3,000,000.00 1.00003/30/2026 03/30/2021 1.000 AA Aaa 3,000,000.00 3,000,000.00 3130ALNT7 4578 FHLB 3,000,000.00 0.98003/30/2026 03/30/2021 0.993 AA Aaa 2,998,050.00 2,998,050.00 3130ALMM3 4581 FHLB 3,000,000.00 1.00003/30/2026 04/05/2021 1.026 AA Aaa Received 2,996,250.00 2,996,250.00 3130ALUC6 4580 FHLB 3,000,000.00 1.02004/15/2026 04/15/2021 1.051 AA Aaa 2,995,500.00 2,995,500.00 3130AMCL4 4585 FHLB 2,795,000.00 1.02005/19/2026 05/20/2021 1.020 AA Aaa Received 2,795,000.00 2,795,000.00 3130AMH62 4587 FHLB 3,000,000.00 1.00005/26/2026 05/26/2021 1.010 AA Aaa 2,998,500.00 2,998,500.00 3130AMGW6 4588 FHLB 3,000,000.00 0.98005/26/2026 05/26/2021 0.987 AA Aaa 2,998,950.00 2,998,950.00 3130AMHB1 4590 FHLB 2,750,000.00 0.87505/26/2026 06/02/2021 0.901 AA Aaa Received 2,746,562.50 2,746,562.50 3130AMH62 4591 FHLB 1,500,000.00 1.00005/26/2026 06/02/2021 1.000 AA Aaa Received 1,500,000.00 1,500,000.00 3133EMH21 4595 FFCB 3,000,000.00 0.90006/15/2026 06/24/2021 0.921 AA Aaa Received 2,997,000.00 2,997,000.00 3130AMSL7 4592 FHLB 3,000,000.00 1.03006/30/2026 06/30/2021 1.030 AA Aaa 3,000,000.00 3,000,000.00 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PMS) 7.3.11
Par Value
Stated
Rate
May 31, 2024
Investment Status Report - Investments
Portfolio Management
Book Value
Maturity
Date
Current
Principal
CITY OF PLEASANTON
S&P
YTM
CUSIP Investment # Issuer Moody's
Purchase
Date
Accrued Interest
At Purchase
Federal Agency Issues - Callable
3130AMYA4 4594 FHLB 3,000,000.00 1.07006/30/2026 06/30/2021 1.070 AA Aaa 3,000,000.00 3,000,000.00 3130AN2Q2 4596 FHLB 1,500,000.00 1.00006/30/2026 06/30/2021 1.000 AA Aaa 1,500,000.00 1,500,000.00 3130AMWK4 4597 FHLB 3,000,000.00 1.02007/14/2026 07/14/2021 1.025 AA Aaa 2,999,250.00 2,999,250.00 3130AP2P9 4598 FHLB 3,000,000.00 0.92009/30/2026 09/30/2021 1.033 AA Aaa 2,983,500.00 2,983,500.00 3130APC94 4599 FHLB 3,000,000.00 1.07010/14/2026 10/14/2021 1.085 AA Aaa 2,997,750.00 2,997,750.00 3130APU78 4600 FHLB 530,000.00 1.30011/24/2026 12/09/2021 1.421 AA Aaa Received 526,947.20 526,947.20 3130APUR4 4601 FHLB 1,840,000.00 1.30011/24/2026 12/09/2021 1.421 AA Aaa Received 1,829,401.60 1,829,401.60 3130APVC6 4602 FHLB 3,000,000.00 1.37512/01/2026 12/09/2021 1.459 AA Aaa Received 2,988,000.00 2,988,000.00 3130AQG80 4605 FHLB 3,000,000.00 1.42012/29/2026 01/03/2022 1.425 AA Aaa Received 2,999,250.00 2,999,250.00 3130AQG80 4606 FHLB 3,000,000.00 1.42012/29/2026 01/10/2022 1.541 AA Aaa Received 2,982,750.00 2,982,750.00 3130AQEC3 4603 FHLB 3,000,000.00 1.37012/30/2026 12/30/2021 1.370 AA Aaa 3,000,000.00 3,000,000.00 3130AQEF6 4604 FHLB 3,000,000.00 1.37512/30/2026 12/30/2021 1.385 AA Aaa 2,998,500.00 2,998,500.00 3130AQLD3 4607 FHLB 3,000,000.00 1.75001/28/2027 02/08/2022 1.926 AA Aaa Received 2,975,010.00 2,975,010.00 3130AQW66 4608 FHLB 3,000,000.00 2.08002/25/2027 03/08/2022 2.112 AA Aaa Received 2,995,500.00 2,995,500.00 Federal Agency Issues - Callable Totals 158,630,000.00 0.916 0.00 158,420,440.80 158,420,440.80 Supranationals
45950VPS9 7000 IFC 1,000,000.00 0.50002/26/2026 06/28/2021 0.935 AAA Aaa Received 980,200.00 980,200.00 Supranationals Totals 1,000,000.00 0.935 0.00 980,200.00 980,200.00 Investment Totals 262,590,266.82 1.953 0.00 262,891,079.79 262,891,079.79 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PMS) 7.3.11
Stated
Rate
Transaction
Date
May 1, 2024 through May 31, 2024
Activity By Type
Balance
Portfolio Management
CITY OF PLEASANTON
CUSIP Investment # Issuer
Purchases
or Deposits
Redemptions
or Withdrawals
Certificates of Deposit - Bank
Subtotal 490,266.82
LAIF (Monthly Summary)
Subtotal 74,500,000.00
Fidelity - Government Fund (Monthly Summary)
Subtotal 0.00
Medium Term Notes
037833CU2 6045 Apple Inc. 2.850 05/11/2024 0.00 2,009,000.00 Subtotal 0.00 2,009,000.00 25,504,515.08
Federal Agency Issues - Coupon
Subtotal 2,995,657.09
Federal Agency Issues - Callable
Subtotal 158,420,440.80
Supranationals
Subtotal 980,200.00
Total 0.00 2,009,000.00 262,891,079.79
Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM3) 7.3.11
Report Ver. 7.3.11
May 2023 through May 2024
Activity Summary
Month
Portfolio Management
End Year
Number of
Securities
Average
Balance
360
Equivalent
365
Equivalent
Managed
Pool
Rate
Average
Term
Average
Days to Maturity
CITY OF PLEASANTON
Number
of Investments
Purchased
Number
of Investments
Redeemed
Yield to Maturity
May 2023 79 257,676,478.70 1.506 1.527 2.993 0 1 1,368 738 June 2023 78 255,218,414.18 1.530 1.551 3.167 0 0 1,384 723 July 2023 78 241,332,522.47 1.392 1.411 3.305 0 1 1,523 773 August 2023 75 226,572,122.96 1.363 1.382 3.434 0 1 1,547 767 September 2023 74 222,199,727.26 1.319 1.338 3.534 0 0 1,589 761 October 2023 74 216,627,684.25 1.304 1.322 3.670 0 0 1,612 744 November 2023 74 215,466,393.93 1.323 1.342 3.843 0 0 1,612 718 December 2023 74 230,337,361.67 1.688 1.711 3.929 0 0 1,386 594 January 2024 74 247,834,511.04 1.679 1.702 4.012 0 1 1,403 580 February 2024 73 243,504,467.82 1.665 1.688 4.122 0 0 1,426 566 March 2024 73 240,078,438.89 1.665 1.688 4.272 0 0 1,444 549 April 2024 75 254,330,644.64 1.915 1.942 4.272 2 2 1,305 475 May 2024 73 263,539,144.31 1.926 1.953 4.332 0 1 1,301 456 Average 75 239,602,093.60 1.560% 1.581% 3.760 0 1 1,454 650 Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM4) 7.3.11
Report Ver. 7.3.11
May 2023 through May 2024
Distribution of Investments By Type
Portfolio Management
CITY OF PLEASANTON
May June July Average
2023 2023 by Period
August September October
2023 2023
November December January
2023 2024
February April
2024 2024
May
Security Type 2024
March
2023 2023 2023 2024
Certificates of Deposit - Bank 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2% Certificates of Deposit - S & L
LAIF 24.5 23.6 16.1 14.7 12.4 11.1 11.1 23.6 22.7 21.5 20.5 28.1 28.3 19.9% Fidelity - Government Fund
MONEY MARKET (GENERAL)
Managed Pool Accounts -4
Passbook/Checking Accounts
Medium Term Notes 12.3 12.4 13.2 12.7 13.1 13.3 13.3 11.4 11.2 11.4 11.5 10.4 9.7 12.0% Bankers Acceptances
Commercial Paper - Discount
Federal Agency Issues - Coupon 1.2 1.2 1.3 1.3 1.4 1.4 1.4 1.2 1.2 1.2 1.3 1.1 1.1 1.3% Federal Agency Issues - Discount
Treasury Securities - Coupon
Treasury Securities - Discount
Federal Agency Issues - Callable 61.5 62.3 68.8 70.6 72.5 73.5 73.5 63.3 64.3 65.4 66.2 59.8 60.3 66.3% Supranationals 0.4 0.4 0.4 0.4 0.5 0.5 0.5 0.4 0.4 0.4 0.4 0.4 0.4 0.4% Miscellaneous Securities - Discount
Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM5) 7.3.11
Report Ver. 7.3.11
May 31, 2024
Interest Earnings Summary
May 31Month Ending Fiscal Year To Date
Portfolio Management
CITY OF PLEASANTON
CD/Coupon/Discount Investments:
Interest Collected 124,940.75
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
529,722.08
( 488,259.32)
1,884,633.03
518,483.40
( 525,527.83)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Capital Gains or Losses
Earnings during Periods
166,403.51
-9,000.00
1,877,588.60
-26,394.64
157,403.51 1,851,193.96
Pass Through Securities:
Interest Collected 0.00
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
0.00 ( 0.00)
0.00 0.00
( 0.00)
Less Accrued Interest at Purchase During Period ( 0.00) ( 0.00) Interest Earned during Period
Adjusted by Premiums and Discounts
Adjusted by Capital Gains or Losses
Earnings during Periods
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
Cash/Checking Accounts:
Interest Collected 0.00
Plus Accrued Interest at End of Period
Less Accrued Interest at Beginning of Period
465,056.24
( 194,627.36)
1,672,485.30
465,056.24
( 437,431.98)
Interest Earned during Period 270,428.88 1,700,109.56
Total Interest Earned during Period
Total Capital Gains or Losses
Total Earnings during Period
436,832.39
-9,000.00
3,577,698.16
-26,394.64
427,832.39 3,551,303.52
Portfolio PLST
CC
Run Date: 07/03/2024 - 09:13 PM (PRF_PM6) 7.3.11
Report Ver. 7.3.11
Item #7
CITY COUNCIL AGENDA REPORT
July 16, 2024
Library and Recreation
TITLE: APPROVE A ONE-YEAR AGREEMENT WITH PRIME TIME ENTERTAINMENT
FOR THEATER PRODUCTION SERVICES WITH THE OPTION TO EXTEND UP
TO FOUR ADDITIONAL ONE-YEAR TERMS FOR A FIVE-YEAR TOTAL NOT TO EXCEED AMOUNT OF $550,000
SUMMARY
The City uses contract services to provide theater production for the Firehouse Arts Center.
The current agreement for theater production services with Esses Productions expires on June 30, 2024. Following a Request for Qualifications (RFQ) process, staff recommends that the City enter into a new agreement with Prime Time Entertainment of Livermore, California. Prime Time Entertainment was selected based on their extensive experience with municipal theater production services and a pricing model that aligns with the City’s Master Fee Schedule and cost recovery targets. The proposed agreement is projected to achieve an estimated cost recovery of 82%, a significant increase over the previous contract, helping to meet the City's fiscal sustainability goals. If approved, the vendor would provide theater production services for one year, with an administrative option to extend for up to four additional years. The cost for five years will not exceed $550,000.
RECOMMENDATION
CIVIC ARTS COMMISSION RECOMMENDATION
At the July 1, 2024 Special Meeting, the Civic Arts Commission voted unanimously to recommend City Council approve a multi-year agreement with Prime Time Entertainment for theater production services for a minimum term of one year and up to five years for an amount not to exceed $550,000.
RECOMMENDATION
Approve a one-year agreement with Prime Time Entertainment for theater production services with the option to extend up to four additional one-year terms for a five-year total not to exceed amount of $550,000 and authorize the City Manager to execute the agreement and any subsequent amendments based on satisfactory performance.
BACKGROUND
The City contracts with theater production vendors to supplement staff-produced adult and youth programming. Specialized production services are important to provide performers that will appeal to community interest, bolster ticket sales and support cost recovery for the City’s investment in the arts. Professional theater production services include identifying appropriate acts and performers for the venue using expertise and industry connections, scheduling shows, coordinating with the performers, identifying and communicating technical needs, creating plans for each performance, and providing marketing collateral. The City has used production services throughout the past decade, with the exception of the pandemic period from 2020-2021. Theaters were the last facility in the City allowed to open under the Alameda
County Shelter in Place Order in 2021, and the small venue theater industry has been steadily rebuilding.
Upon re-opening for theater shows in 2021, the City of Pleasanton entered into a new Professional Services Agreement with Esses Productions for theater production services through June 30, 2024. During a three-year period with Esses Productions, cost recovery rates were approximately 53% per year. Per the City’s Master Fee Schedule, these types of shows should recover between 76 and 100% of costs.
At the January 17, 2023 City Council meeting, staff provided a presentation on the Firehouse Arts Center’s programming strategies and goals, and shared updates on theater shows, engagement and attendance (Attachment 1). Council members expressed interest in increasing attendance trends, as the number of shows and attendance had not reached preCOVID numbers.
To increase attendance and the quality of shows, staff developed strategies to enhance engagement at the Firehouse Arts Center through new booking models and outreach. One key strategy was a Request for Qualifications (RFQ) for a theater production contractor, to solicit new performing artists that meet audience interests and increase ticket sales to meet councilapproved cost recovery goals.
DISCUSSION
In April 2024, the City distributed an RFQ for theater production services. As part of the process, notification of the RFQ was posted on the City website. Two vendors responded to the RFQ. A panel of six staff reviewed respondents’ written proposals, scored independently based on criteria required by the RFQ, and contacted references listed by the respondents.
After a thorough evaluation process, the panel reconvened to discuss and make a final decision. Prime Time Entertainment (Prime Time) was unanimously chosen as the preferred vendor based on several factors:
• Prime Time has 37 years of experience providing theater production services throughout the Bay Area to other municipalities, including Danville, Fremont and Sunnyvale
• Reference checks yielded positive feedback on satisfaction of work, professionalism, responsiveness, and quality
• Prime Time has demonstrated quality of work and expertise in the field of theater production services
• Prime Time provides a fee rate that aligns with the City’s cost recovery goals and includes additional items not covered in previous agreements, such as Contractor liability insurance coverage and the Contractor’s inclusion of hotel costs for performers, which totaled over $5,000 in FY 2023/24.
The proposed fee schedule and scope of work are outlined in the Draft Professional Services Agreement and Exhibit A (Attachment 2).
Cost Recovery Metrics
According to the City’s Master Fee Schedule, “Theater Shows” belong in the 76-100 percent cost recovery category. If approved, the total projected City expenses paid to Prime Time and
their contracted performers, compared with the projected City revenue associated with these performances, results in a cost recovery projection of 82%.
New Show Offerings
In response to City Council feedback, one of the goals of the new contract will be to increase the quality, frequency and attendance of Firehouse Arts Center shows. Prime Time works with local communities and theater staff to identify audience interests in music genres and identify the best times and dates for shows. Working with several local agencies, Prime Time is also able to book individual performers for several venues across the Bay Area to maximize travel opportunities for performers wishing to do multi-city tours.
Examples of performers Prime Time has booked in similar smaller Bay Area cities have included:
• Stroll Down Penny Lane (The Music of Paul McCartney)
• Tommy Castro (Blues Music)
• Best Intentions (Motown Revue)
• Mustache Harbor (Yacht Rock)
• Jazz Roscoe (Tower of Power members)
• Tributes to Carrie Underwood, Luke Bryan and Jason Aldean Large-scale venue bookings by Prime Time have included:
• Tony Bennett
• Josh Groban
• Styx
• Chicago
• Gipsy Kings
• Diana Krall
• Toby Keith
• Lynard Skynyrd
• LeAnn Rimes
Show Frequency and Attendance
In addition to theater performances that are contracted and booked by Prime Time, Firehouse Arts Center staff will continue to provide direct bookings with long-time favorites such as Jeff Bordes, the Golden Follies, popular tribute bands, local bands such as the CoolTones and Chorus Eclectic, and artists that have been requested through surveys and community input.
With a projected 50% increase in contracted performance bookings for FY 2024/25, and additional direct bookings by staff, the goal is for the Firehouse Arts Center to provide 50 shows to span almost every weekend of the year.
Theater Ticket Pricing
Theater ticket pricing is determined by the expected revenue from ticket sales. For a smaller venue like the Firehouse Arts Center, performers typically receive 50-60% of the gross potential sales as their payment. This translates to FY 2024/25 ticket pricing, ranging from $30
to $70 for contracted shows at the 221-seat Firehouse Arts Center and artist payments ranging from $4,000 to $8,000. (This pricing model reflects an increase in artist payments for higher quality performers, with a correlating projected increase in ticket sale revenue due to higher ticket pricing.) The recommendation of a five-year agreement with annual amendments allows for staff review of the vendor to assess the success of the program year after year.
The City will continue to provide direct bookings for local artists, which are generally priced lower, with tickets costing between $20 and $40, making the performances even more accessible to the community and providing opportunities for local artists.
EQUITY AND SUSTAINABILITY
By providing a wide variety of musical genres and performances at varying price points, the City’s process for theater production strives to promote maximum use of and equitable access to the City’s theaters by all community members.
OUTREACH
During the RFQ process, information regarding the RFQ was posted on the City's website. The Civic Arts Commission meeting held on July 1, 2024 was publicly noticed.
STRATEGIC PLAN ALIGNMENT
This action advances the following Citywide goals and strategies:
ONE Pleasanton Citywide Strategic Plan:
• Funding Our Future, Strategy 1 - Develop a long-term strategy for funding operations and maintenance needs to ensure the reliability of community-owned facilities and infrastructure and continuity of City services
• Building A Community Where Everyone Belongs, Strategy 3 - Implement high-priority items from the Library and Recreation Strategic Plan to continue to deliver activities and programs that meet the needs and interests of the community.
FISCAL IMPACT
$110,000 in funding for theater production services is included in the Civic Arts budget (00150405-430101) for Fiscal Year (FY) 2024/25. The cost of the agreement is partially offset by revenues the City receives from theater ticket sales. This agreement can be administratively extended by the City Manager for up to four additional terms of 12 months each through June 30, 2029, for a five-year total not-to-exceed amount of $550,000.
Prepared by: Submitted by: Approved by:
Heidi Murphy, Director of
Library and Recreation
Heidi Murphy, Director of Library and
Recreation
Gerry Beaudin, City
Manager
Attachments:
1. FAC Council Presentation January 2024
2. Primetime Entertainment Agreement for Production Services and Exhibit A to the Agreement
Tuesday, January 17, 2023
ATTACHMENT 1
Overview
Historical Overview
Philosophy & Vision
Presenting Series
Youth Programs
Harrington Gallery
Theater Rentals
Marketing and Engagement
Firehouse Arts Center
2010 - 2022
Birth & Growth of the Firehouse
Arts Center
• September 2010: Firehouse opened
• March 2020: Firehouse temporarily
closed due to the COVID-19 pandemic
• Summer 2021: In-person programs and
shows returned.
Historical Overview: Civic Arts Budgets
Fiscal
Year
General
Fund
Subsidy
2013 74%
2014 89%
2015 89%
2016 57%
2017 59%
2018 58%
2019 57%
2020 70%
2021 93%
2022 64%
Historical Overview: Recreation Budgets
Fiscal
Year
General
Fund
Subsidy
2013 28%
2014 19%
2015 22%
2016 26%
2017 31%
2018 31%
2019 23%
2020 59%
2021 57%
2022 34%
Emergence from COVID-19: Civic Arts Programs
Bay Area
Arts Programs
& Facilities
Performing
Series
Youth
Theater &
Arts
Education
School
Shared
Usage
Theater
Rentals Contract
Classes
Gallery &
Artist
Programs
Public
Art
Program
Pleasanton's
Firehouse &
Amador Theater
x x x x x x x
Campbell's
Heritage Theater xx
x
Danville's
Village Theater &
Gallery
x
x x x
x
The Bankhead
& Bothwell
(LVPAC)
x x* x x x x
San Ramon’s
Dougherty Valley
& Front Row
x x* x x x
Walnut Creek's
Lesher Theater x x* x x x x
*contract
Firehouse Arts Center
Philosophy & Vision
Library and Recreation
Strategic Plan 2019-2024
Focused Goals
Goal A. Programs, Plans, and Services
Goal B. Community Engagement,
Customer Service and Communication
Goal C. Facilities and Technology
Library and Recreation Strategic Plan
2019-2024
Inclusiveness Innovation
Alex Taite
The Flow of Negro
Spirituals Through Time
Feb 4 | 8 p.m.
Brian Copeland
Grandma and Me
March 18 | 8 p.m.
Kings of Queen
Jan 7 | 8 p.m.
Firehouse Arts Center
Presenting Series
Diversity, Equity, and Inclusion Goals
Community Demographics
White
79%
African American
1%
Asian
12%
Hispanic
8%
American Indian
0%
2010
White
50%
African American
2%
Asian
37%
Hispanic
10%
American Indian
1%
2020
Focus in 2022-23
• Celebrating local Pleasanton and Bay
Area Artists
• Expanding the Firehouse Arts Center's
audience by including a more diverse
representation of acts.
• Commitment to Innovation by using
technology to enhance experiences.
• Leveraging the intimate space by
booking artists and developing
programs that build community among
artists and patrons.
LIVE & LOCAL
Presenting Series
3-Year Plan | 2022-2025
Stella Heath
Songs of Billie Holiday
Feb 12 | 2 p.m.
• Re-emerge with a focus on local and up-and-coming artists • Welcome back returning favorites and tribute acts
• Partner with more Downtown Businesses (hospitality, programs, performances, marketing, lodging)
• Partner with the Bankhead Theater
• Implement pilot sponsorship and donor program for presenting series
• Implement experiential presenting programs to strengthen community connection.
Lauryn
Marie
March 10 | 8 p.m.
Presenting Series
Fiscal Years 2019-2022
10378
5221
0 3581
0 2000
4000
6000
8000
10000
12000
2019 2020 2021 2022
Audience
60 34
0 24
0 10
20 30
40 50
60 70
2019 2020 2021 2022
# of performances
Hearing from our Community
Surveys and Feedback
Presenting Series
"Awesome. Incredible.
Entertainment extraordinaire."
Hearing from our Community
Surveys and Feedback
Presenting Series
"Superb Jazz and the
performers were having so
much fun it was contagious!"
Hearing from our Community
Surveys and Feedback
Presenting Series
"Amazing performer. So much
energy and talent. Everyone
left with smiles"
Firehouse Arts Center
Harrington Gallery
Harrington Gallery
Harrington Gallery
Fiscal Years 2019-2022
Fiscal Year # of Visitors
FY 2019 6,663
FY 2020
Closed March 2020 2,318
FY 2021
Re-openedMay 2021 374
FY 2022 3,430
0 1000
2000
3000
4000
5000
6000
7000
FY 2019 FY 2020 FY 2021 FY 2022
Harrington Gallery Attendance
Harrington Gallery Attendance
Firehouse Arts Center
Contract Classes
Contract Art Classes at the Firehouse Arts Center
Fiscal Years 2019-2022
932
271
138
988
0 200
400
600
800
1000
1200
2019 2020 2021 2022
Contract Art Classes
Participants
Firehouse Arts Center
Theater Rentals
Firehouse Arts Center & Amador Theater Rentals
Firehouse Arts Center
Theater Rentals
3-Year Goals for Rentals
• Focus rental opportunities on community
partners, Civic Arts grant recipients, cultural
programs, and City events
• Provide grant applicants early application
windows to reserve spaces
• Partner with rentals to include programs on
website and in marketing packages.
Firehouse Arts Center
Youth Programs
Youth Programming Goals
Youth Performing
Fiscal Years 2019-2022
317
488
180
358
0 100
200
300
400
500
600
2019 2020 2021 2022
Youth Participants
Hearing from our Community
Surveys and Feedback – Youth Programs
"My kid loved going every week."
Hearing from our Community
Surveys and Feedback – Youth Programs
"The instructors are
outstanding. They fostered
kindness and working
together."
Hearing from our Community
Surveys and Feedback – Youth Programs
"The staff made each
child feel important."
Firehouse Arts Center
Marketing Strategy
Marketing Strategy
Media Relations
Marketing Strategy
Digital Marketing & Social Media
Marketing Strategy
Advertising
Community Engagement
Partnerships and Collaborations
• Civic Arts Commission
• Pleasanton Downtown Association (PDA)
• Pleasanton Chamber of Commerce
• Pleasanton Unified School District (PUSD)
• Museum on Main (MOM)
• Bankhead Theater
• Pleasanton Art League (PAL)
• Pleasanton Cultural Art Council (PCAC)
• Las Positas College
----
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PROFESSIONAL SERVICES AGREEMENT
Production Services for
Performers and Artists at the Firehouse Arts Center
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into this 16hday of July 2024, between the CITY OF PLEASANTON, a municipal corporation (“City”), and Prime Time Entertainment, an entertainment and production company (“Consultant”), whose address is 2430 Research Drive, Livermore, CA 94550 and telephone number is 925-449-1724.
RECITALS
A. Consultant is qualified to and experienced in providing contractual services in the performing arts for the purposes specified in this Agreement.
B. City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows:
1.Consultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A.
2.City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A.
3.Terms. This contract shall commence on the date written above and shall expire on June 30, 2025. The parties may mutually agree to extend the term of this Agreement for up to four additional terms of 12 months each.
4.Compensation. City shall pay Consultant for services rendered pursuant to this Agreement as described more particularly in Exhibit A. The payments shall be made on a monthly basis upon receipt and approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $110,000 through June 30, 2025. If the Agreement is extended as described in Section 3 above, then the compensation for the extended period shall be $110,000 per year, with a maximum not to exceed amount of $550,000 over a five-year period. The City shall pay Consultant for individual performances in amounts as mutually agreed to in writing by way of task order in advance. Unless the City and Consultant have agreed in writing by way of task order before the performing the work, no liability and no right to claim compensation for such work or expenses shall exist.
ATTACHMENT 2
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a. Invoices submitted to City must contain a reference to the task order described above.
Payment shall be made within thirty (30) days of receipt of Consultant’s invoice and approved by City.
b. Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
5. Sufficiency of Consultant’s Work. All services of Consultant shall be adequate and sufficient to meet the purposes for which they are prepared.
6. Ownership of Work. All work product and all other documents completed or partially completed by Consultant in the performance of this Agreement shall become the property of the City. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Consultant shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. Consultant shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
7. Changes. City may request changes in the scope of services to be provided by Consultant. Any changes and related fees shall be mutually agreed upon between the parties and subject to a written amendment to this Agreement.
8. Consultant’s Status. In performing the obligations set forth in this Agreement, Consultant shall have the status of an independent Consultant and Consultant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees and are not agents or employees of City.
9. Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Consultant. The Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the work actually completed at the time the notice of termination is received.
10. Non-Assignability. The Consultant shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Consultant shall be solely responsible for reimbursing subConsultants.
11. Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless, the City and its officers, agents and employees from and against all claims, losses, damage, injury, and liability for damages arising from, or alleged to have arisen from, errors, omissions, negligent or wrongful acts of the Consultant in the performance of its services under this Agreement, regardless
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of whether the City has reviewed or approved the work or services which has given rise to the claim, loss, damage, injury or liability for damages. This indemnification shall extend for a reasonable period of time after completion of the project as well as during the period of actual performance of services under this Agreement. The City’s acceptance of the insurance certificates required under this Agreement does not relieve the Consultant from its obligation under this paragraph.
12. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Consultant 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 Consultant’s policies:
a. General Liability and Bodily Injury Insurance. Commercial 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 as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, 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 Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. d. Professional Liability Insurance. Professional liability insurance in the amount of $2,000,000.
e. Certificate of Insurance. Consultant 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. f. Waiver of Subrogation. The insurer agrees to waive all rights of subrogation against the City, its officers, employees and agents.
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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. These provisions do not apply to Professional Liability.
h. SubConsultants. Consultant shall include all subConsultants as insured under its policies or shall furnish separate certificates and endorsements for each subConsultant. All coverages for subConsultants shall be subject to all of the requirements stated in this Agreement, including but not limited naming additional insureds.
13. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Consultant: Prime Time Entertainment To City: City Manager 2430 Research Drive City of Pleasanton
Livermore, CA 94550 P.O. Box 520
Pleasanton, CA 94566
14. Conformance to Applicable Laws. Consultant shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
15. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Consultant’s engaging in any operation or activity set forth in this Agreement, Consultant shall obtain a City of Pleasanton business license, which must be kept in effect during the term of this Agreement. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.
16. Records and Audits. Consultant shall maintain all records regarding this Agreement and the services performed for a period of three years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit.
17. Confidentiality. Consultant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
18. Conflicts of Interest. Consultant covenants that other than this Agreement, Consultant has no financial interest with any official, employee or other representative of the City. Consultant and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Consultant’s services under this Agreement. If such an interest arises, Consultant will immediately notify the City.
19. Waiver. In the event either City or Consultant at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation.
20. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue in the applicable court or forum for Alameda County.
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21. No Personal Liability. No official or employee of City shall be personally liable to Consultant in the event of any default or breach by the City or for any amount due Consultant.
22. Exhibits. All exhibits referred to herein are attached hereto and are by this reference incorporated herein.
23. Counterparts and Electronic Signatures. 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.
24. Scope of Agreement. This writing constitutes the entire Agreement between the parties. Any modification to the Agreement shall be in writing and signed by both parties.
THIS AGREEMENT executed the date and year first above written.
CITY OF PLEASANTON CONSULTANT
Prime Time Entertainment
By:
Gerry Beaudin, City Manager Signature
ATTEST:
Jocelyn Kwong, City Clerk Its:
Print name
Title
APPROVED AS TO FORM:
Daniel G. Sodergren, City Attorney
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[If Consultant is a corporation, signatures must comply with California Corporations Code §313] Rev. 11/23
EXHIBIT A
Scope of Services
The following shall serve as a SCOPE OF WORK to the CITY OF PLEASANTON’s Services Agreement between PRIME TIME ENTERTAINMENT (“Consultant”) and City of Pleasanton (“City”), to reflect the mutual understandings and agreement of the defined services CONSULTANT is providing to CITY.
CONSULTANT shall research, design, and book performances that appeal to area residents and guests to be presented at the Firehouse Arts Center, with a goal to develop a safe and family friendly environment for guests at each show.
CONSULTANT shall work with CITY to evaluate potential performers and the required budgets to implement shows. CITY will approve all performers and show selections.
CONSULTANT shall provide a staff member to be present at each show. This staff member will be responsible for initiating all performers and band communications, logistical issues, and ensure that the shows stay on schedule.
CONSULTANT shall coordinate logistics for lodging and transportation for performers. CITY does not provide funding for lodging or transportation.
CONSULTANT shall be the contract signers on all performer agreements and provide direct payment to the performers.
CONSULTANT shall be responsible for contracting all chosen performers and coordinating technical needs with the CITY.
CONSULTANT shall work with CITY to design, consult, and participate in the execution of promotional campaigns for the shows to include press releases, calendar listings, notices, posters etc.
CONSULTANT shall create a Technical Rider for all show logistics: including equipment needs, rehearsal schedule, band load-in, sound checks, and show flow management, and send this information to CITY, 2 weeks prior to the show.
CITY shall provide theater technician staff and equipment for sound and lighting.
CITY shall provide ticket management and house management staff and volunteer ushers.
CITY shall coordinate the implementation of marketing for performances using content provided by CONSULTANT. CITY will post content on its website, social media outlets, create theater brochures and posters, and develop and distribute press releases and newsletters.
CITY shall oversee the management of a concessionaire contract with local business for beverages and refreshments at performances.
CITY shall provide reservation of the City theater and management of all facility needs for performance, including maintenance of City facility and equipment.
CITY shall provide a light hospitality menu for performers CONSULTANT shall provide hospitality requests beyond menu provided by the CITY.
Fee Schedule:
CONSULTANT shall provide services for a total of payments not to exceed a total of $110,000 within the term specified herein. If the Agreement is extended as described in Section 3 above, then the compensation for the extended period shall be $110,000 per year, with a maximum not to exceed amount of $550,000 over a five-year period.
Item #8
CITY COUNCIL AGENDA REPORT
July 16, 2024
Library and Recreation
TITLE: APPROVE A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH AMERICAN CEMETERY MAINTENANCE AND BURIAL FOR
GROUNDS MAINTENANCE AND BURIAL SERVICES FOR THE PLEASANTON PIONEER CEMETERY FOR AN AMOUNT NOT TO EXCEED $605,920 THROUGH DECEMBER 31, 2026
SUMMARY
American Cemetery Maintenance and Burial (ACMB) was selected by the City of Pleasanton to provide grounds maintenance and burial services for the Pleasanton Pioneer Cemetery in December 2021. Since this time, ACMB has provided outstanding burial services, offering customers additional services including upright headstone installations, developing heritage family lots, and restoration of older headstones. This amendment sets the compensation level for the services and reimbursements for costs for the term of July 1, 2024 to June 30, 2025, and after this term, sets a rate for services based on the Consumer Price Index (CPI). The notto-exceed amount for this contract for this term and subsequent terms based on CPI increases is $605,920.
RECOMMENDATION
Approve a third amendment to the professional services agreement with American Cemetery Maintenance and Burial for grounds maintenance and burial services for the Pleasanton Pioneer Cemetery for an amount not to exceed $605,920 through December 31, 2026.
BACKGROUND
The Pleasanton Pioneer Cemetery has been in existence since 1886 and includes many of the City’s founding pioneers and military veterans.
In December 2021, following a Request for Qualifications (RFQ) process, a contract (Attachment 1) was awarded to American Cemetery Maintenance and Burial (ACMB) to perform the duties of grounds maintenance and burial services at the Pleasanton Pioneer Cemetery (PPC). ACMB has provided grounds maintenance and burial services since that time.
At the initial acquisition of the PPC in 2007, the annual burial total was estimated at 12. Now, the PPC has approximately 50 burials per calendar year. The PPC has also undergone multiple capital improvement projects (e.g., landscaping), resulting in increased value of plots in the Cemetery as well as increased maintenance costs.
DISCUSSION
The Third Amendment, Exhibit A, and Exhibit B (Attachment 2) all clarify the amount of compensation for the services and reimbursements for costs for the term of July 1, 2024 to June 30, 2025, and potential subsequent terms through December 31, 2026.
EQUITY AND SUSTAINABILITY
Maintenance of the Pleasanton Pioneer Cemetery as a public asset contributes to the historic fabric of the Pleasanton community.
OUTREACH
An RFQ process was conducted in late 2021, which included advertisement.
STRATEGIC PLAN ALIGNMENT
This action advances the following Citywide goals and strategies:
ONE Pleasanton Citywide Strategic Plan
• Funding Our Future, Strategy 1 – Develop a long-term strategy for funding operations and maintenance needs to ensure reliability of community-owned facilities and infrastructure and continuity of City services.
• Investing in Our Environment, Strategy 7 – Continue to invest in parks, bicycle, and pedestrian infrastructure, and public art to improve traffic safety, promote climate resilience, and increase equitable access to cultural and recreational opportunities. • Building a Community Where Everyone Belongs, Strategy 3 – Implement high priority items from the Library and Recreation Strategic Plan to continue to develop activities and programs that meet the needs and interests of the community.
FISCAL IMPACT
Funds for this contract have been allocated in the Cemetery Enterprise Fund. The Professional Services Agreement and three amendments with American Cemetery Maintenance and Burial is in the amount not to exceed $1,143,070 for the full 5-year contract term; the total not to exceed amount for the remaining 2.5 year term is $605,920. Prices for FY 2025/26 and 2026/27 are based on the cost for FY 2024/25 plus a year-over-year increase not to exceed the CPI for the San Francisco-Oakland-San Jose Metropolitan Area. Cemetery fees also increase at a rate equivalent to the CPI. The Cemetery operates as an enterprise fund, with operating revenues partially off-setting operating expenditures. The City’s General Fund provides a subsidy to the Cemetery Fund. As of mid-June 2024, the year-to-date actuals indicate a total revenue of just over $300,000 and approximately $316,000 in total expenditures.
The amendment includes $10,000 of “As-Needed Services”, which includes costs associated with storms and other unforeseen landscaping circumstances. The agreement also includes $82,600 of as-needed burial services, which likely will not be fully realized given the unpredictability of this work.
Prepared by: Submitted by: Approved by:
Heidi Murphy, Director of
Library and Recreation
Heidi Murphy, Director of Library and
Recreation
Gerry Beaudin, City
Manager
Attachments:
1. ACMB Burial Maintenance and Agreement
2. Third Amendment to Agreement
1 Attachment 1
BURIAL AND MAINTENANCE SERVICES AGREEMENT
THIS BURIAL AND MAINTENANCE SERVICES AGREEMENT (“Agreement”) is made and entered into December 21, 2021 between AMERICAN CEMETERY MAINTENANCE AND BURIAL ("Contractor"), whose address is 2150 Portola Ave, Suite D160, Livermore, CA 94551 and the CITY OF PLEASANTON, a municipal corporation ("City").
RECITALS
A. City issued a Request for Qualifications (RFQ) for Burial Services and/or Grounds Maintenance for the Pleasanton Pioneer Cemetery on September 14, 2021 and Contractor submitted qualifications for the requested burial services and grounds maintenance within the burial areas.
B. Contractor is qualified and experienced in providing burial services and grounds maintenance services within the burial areas as set forth in Exhibit A.
C. City finds it necessary and advisable to obtain such services from Contractor.
NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Contractor agree as follows:
1. Term and Schedule. The term of this Agreement commences on January 1, 2022 and will expire December 31, 2022. Contractor will perform the services on the schedule as set forth in Exhibit A as coordinated with City staff person. a. Agreement Renewal. The City and the Contractor shall retain the right to renew the term of this Agreement for additional one-year periods up to, but not exceeding, four (4) additional years. This Agreement may be renewed only by mutual agreement between the parties involved. Either party which wants to renew the Agreement shall provide the other party with written notice by August 1st preceding the possible January 1st renewal. The party receiving the request to renew shall respond to the other party in writing within ten (10) business days of whether or not the offer to renew is accepted.
Each party retains the right to not renew the Agreement at the time of request.
2. Services to be Performed. Contractor shall perform, or cause to be performed, the services described in Exhibit A and for the area identified in Exhibit C. a. Contractor may utilize the City’s backhoe located at the Pleasanton Pioneer Cemetery to open and close grave spaces. Only Contractor’s employees over 21 years of age with a valid California driver’s license, as well as current training and certification for the specific backhoe model, may operate the backhoe. Contractor acknowledges that it will accept the backhoe in an as-is condition, that City makes no
2 representations as to the backhoe’s ability to operate as expected or required by Contractor, and that Contractor shall release City from all claims which may arise from the condition of the backhoe. Contractor shall promptly advise City of any concerns regarding the condition of the backhoe. If the backhoe is damaged while being used by Contractor, Contractor shall reimburse City for the cost of any repairs or replacement reasonably needed to return the backhoe to service. i. Contractor acknowledges that the City intends to dispose of this backhoe as part of its surplus property process during 2022. After the City backhoe is no longer available, Contractor shall obtain a backhoe as needed to provide the burial services.
3. Compensation. Compensation for services shall not exceed $205,650 and shall be paid as set forth in Exhibit B, attached hereto. Payment shall be made within thirty (30) days of receipt of Contractor’s invoice and approval by City.
4. Indemnification. Contractor shall hold harmless, defend, and indemnify the City, its officers, agents and employees (“Indemnitees”), 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 services performed or caused to be performed pursuant to this Agreement and any amendments thereto. Contractor shall not, however, be obligated to indemnify Indemnitees from Claims arising from the sole negligence or willful misconduct of Indemnitees. This indemnification includes any claim that services 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.
5. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages 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. Commercial 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 insureds 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 services 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.
3 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. 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 before 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 services 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.
6. 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.
7. 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 services provided under this Agreement shall: a) meet all conditions of the Agreement; b) shall be free from all defects; 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.
4 8. Labor Code/Prevailing Wages. The services performed under this Agreement are a “public work” and prevailing wage laws shall apply. No less than the general prevailing rate of per diem wages, and not less than the general prevailing rate of per diem wages for holidays and overtime work, for each craft, classification or type of worker needed to perform the services under this Agreement shall be paid to all workers, laborers and mechanics employed in the execution of the services by the Contractor or any subcontractor doing or contracting to do any part of the services. Contractor shall post, at each job site, a copy of the prevailing rate of per diem wages.
To the extent applicable, Contractor shall comply with all requirements of the California Labor Code, including but not limited to, Labor Code sections: 1773.2 (regarding posting wage determinations at each job site); section 1776 (regarding the certification, maintenance, and availability for inspection of payroll records); section 1777.5 (regarding employment of apprentices); section 1810 (regarding a legal day’s work as 8 hours of labor); and section 1775 (regarding penalties for violations). The Contractor shall forfeit fifty dollars ($50.00) for each calendar day or portion thereof for each worker paid less than the stipulated prevailing rates for any public work done under the Agreement by it or by any subcontractor under Contractor.
9. 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: David Garrison To City: Zachary Reda
2150 Portola Ave City of Pleasanton
Suite D-160 P.O. Box 520
Livermore, CA 94551 Pleasanton, CA 94566
10. Miscellaneous Provisions.
a. City may terminate this Agreement at any time by mailing a notice to Contractor. Contractor shall be paid for that portion of 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 may only be modified by a writing signed by the authorized representative of both parties.
5 f. 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 services under this Agreement.
g. Contractor shall comply with all federal, state and local laws, regulations and rules, including but not limited to applicable safety and environmental laws. h. 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. i. 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. 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 constitutes the entire understanding of the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written.
CITY OF PLEASANTON CONTRACTOR
_____________________________ By: __________________________ Brian Dolan, Interim City Manager Signature
__________________________
Print name
Title: __________________________
ATTEST:
____________________________ [If Contractor is a corporation, signatures Jocelyn Kwong, City Clerk comply with California Corporations Code §313]
6 APPROVED AS TO FORM:
By: __________________________
_____________________________ Signature
Daniel G. Sodergren, City Attorney
__________________________
Print name
Title: __________________________
7 Exhibit A
CEMETERY BURIAL SERVICES SCOPE OF WORK
(To be used in conjunction with
the City Standard Specifications and Standard Details, and the State Standard Specifications and Standard Plans)
All work shall be in accordance with the City of Pleasanton Standard Specifications and Details dated November 2016.
All work not specifically called out as “Extra Work” in the below scope of work sections shall be considered “Basic Landscape Maintenance”.
Item Description Quantity Unit Unit Price Total
1. Cemetery Burial Services 50 Year See
Exhibit B
for fee
schedule
As-needed
service not to
exceed
$62,250
2. Basic Landscape
Maintenance including
labor, overhead and all
required tools, etc. in burial
service areas detailed in
Exhibit C.
12 Month $50/hr,
144 hr per
month,
$7,200/
month
$86,400
3. Extra Work 1 Allowance $50/hr $15,000
4. As-Needed Backhoe 1 Month $3,500/
month
$42,000
Total (not-to exceed): $205,650
8 SECTION 1. MAINTENANCE SCHEDULE
The following table indicates the minimum frequency of work to be performed for each specific type of work.
FREQUENCY: W – Weekly, BW – Bi-weekly, M – Monthly, Q – Quarterly, TY – Twice Yearly, Y – Yearly, EX – Extra Work, N/A – Not Applicable
ANNUAL SCHEDULE: The Contractor shall provide the City with an annual schedule which generally conforms with the following:
A. NON-IRRIGATED TURF AREAS FREQUENCY
1. Leaf, Litter and Trash Removal W
2. Weed Control W
3. Mow W during growing season
4. Edge W during growing season
B. TREES – To be maintained by the City.
C. NON-VEGETATED AREAS FREQUENCY
1. Leaf, Litter and Trash Removal W
2. Weed Control W
3. Pre-emergent herbicide Y
D. PAVED AND GRAVE AREAS FREQUENCY
1. Leaf, Litter and Trash Removal W
2. Weed Control W
3. Graffiti Removal As needed
4. Adding and compacting DG As needed
5. Repair of Ruts Caused by off Road
Parking or Erosion As needed
9 SECTION 2. GENERAL CONDITIONS
2.01 General
The Contractor shall not be held responsible for plant losses due to maladies beyond the Contractor’s control; this includes, but is not limited to, disease or insect attack for which there is no legal recommended control, acts of vandalism, earthquakes, fires, unusual storms, and related events. Report all such conditions to the City in writing and submit a proposal for the repair of the work. Obtain the City’s approval prior to proceeding with the work affected.
2.02 Work Not Included
A. Repairs or replacement of losses and damages not covered by the contract, except as noted.
B. New planting and other special services, except with City’s request or approval in writing and agreement to pay.
C. Major vandalism or damage caused by natural disasters.
SECTION 3. SPECIAL CONSIDERATIONS
3.01A Management Goals
On a scale of 1 to 5, maintain all landscape areas at a 3.5 to 5.0 (excellent to outstanding).
3.01B Site Inspections
Regular site visits by the City Representative and the Contractor’s Representative will be on a
quarterly basis at a minimum to ensure that the rating of 3.5 to 5.0 is maintained, to consider changes
to the maintenance practices, and to direct special operations.
3.01C Schedule
Provide with Monthly Maintenance Invoice with a Monthly Service Recap.
3.01D Areas
The cost to maintain all landscaped areas, specifically in the pink sections of the Pleasanton Pioneer
10 Cemetery Map (Exhibit C), described by the specifications must be based on conditions as they exist at the time of the bid.
3.01F Exceptions
No exceptions to these specifications will be allowed unless approved in writing by the Project Administrator.
3.01 Natural or Open Space
Natural or rough areas shall be maintained in neat appearance suitable to the intent of the area. Areas with large mature trees shall be kept free of dead wood on the grounds.
Wild grasses shall be cut and raked at least semi-annually or additionally as directed by the City. Fire control work is not considered as part of this contract and shall be provided by another Contractor. Large broadleaf weeds shall be controlled either chemically or manually removed.
3.02 Debris Control
A. All clippings, trimmings, cuttings, trash and rubbish associated with landscape maintenance shall be promptly removed from the site.
B. The property shall be toured each visit to pick up and dispose of debris such as bottles, papers, cartons, and similar items to keep the grounds neat in appearance.
C. Large items of debris, such as large appliances or couches, abandoned on the properties by others shall be removed to a suitable dump site by the City or by the Contractor as Additional Cost Work if approved by the City. Notify the City immediately when such dumping occurs.
3.03 Sidewalks, Crush Granite Paths, Off Road Parking and Drive Aisles (Roads) A. Debris of silt resulting from erosion and other landscape debris, shall be removed from sidewalks and drive aisles.
B. When necessary, the contractor will use water hose to remove silt and mud not removable by blowers, shovels or brooms
C. Debris caused by vehicles or equipment not related to the Contractor’s Service and Maintenance Operations shall be reported to the city and removed from sidewalks and drive aisles.
3.04 Drainage Systems Maintenance
11 A. All drainage systems on the properties for purposes of rain water or irrigation water collection, whether surface swales or underground pipes, shall be maintained in a clean condition free of debris, erosion waste, weeds or any blockage.
B. When a drainage system is blocked by debris from off the site or by erosion waste from off-site major storm damage, correction will be made by the City after prompt notification by the Contractor or considered “Extra Work” as approved by the City.
3.05 Erosion Control
The Contractor shall not be responsible for structural maintenance or repair or replacement of the following: parking areas, drive aisles, graves, or sidewalks except for such structural maintenance, repair or replacement resulting from damage caused by the Contractor or his agents.
A. Erosion resulting from failure to maintain properly rooted plant material on slopes shall be the responsibility of the Contractor to correct and accomplish necessary cleanups.
B. Erosion resulting from major storm damage that requires major slope reconstruction and/or installation of additional drainage facilities shall be the City’s responsibility.
3.06 Records
Written records of watering schedules, fertilization, pest control spraying, and other maintenance work shall be maintained by the Contractor. Written records describing all products and materials used during maintenance also shall be maintained by the Contractor. A copy of the record shall be provided to the City on a monthly basis.
3.07 Control, Supervision and Approval Authority
A. Unless otherwise provided by specific provisions, Contractor’s operations and activities pursuant to this agreement shall be under the control and supervision of the Director of Library and Recreation or her authorized representative, and such person shall exercise such control and supervision for and on behalf of the City where so designated in this agreement.
B. Whenever, under the provisions of this agreement, the Contractor is prohibited from doing something unless Contractor first obtains the approval or consent of the City, such approval and consent must be obtained from the Director of Library and Recreation, or her authorized representative.
12 3.08 Graffiti
Graffiti shall be removed from the site within one week of notification by the City. The areas in which graffiti removal is required includes sound walls, controller boxes, valve boxes and any other surface in the maintenance areas. The cost of graffiti removal shall be paid for as “Extra Work”.
SECTION 4. NON-IRRIGATED TURF
4.01 General
The Contractor shall maintain all non-irrigated turf areas by performing the following operations and other work incidental thereto:
4.02 Mowing
Upright grasses/weeds shall be mowed to a uniform height not-to-exceed 4 inches in warm weather and 4 inches during the rainy season. Mower blades shall be kept sharp so as not to damage the turf. Cut all large turf areas using a rotary riding mower. For those areas with slopes 3 to 1 or steeper, use specialty mowers specifically designed for steep slope areas. Push mowers shall only be used in those areas where a ride mower cannot be used. Provide a list of the mowers you intend to use on the project to the Project Administrator for approval at the pre-job conference.
4.03 Edging
Turf shall be edged along borders, walls, curbs, fences, paths, rocks, gravestones, etc., for neat appearance where needed. Clippings shall be removed from planting beds and walks.
Edges shall be trimmed weekly during the growing season. Clippings shall be vacuumed or blown off walks back into turf areas. Clippings shall not be blown into the streets nor allowed to collect in drainage ways. Clippings shall be caught and removed from the site. Contractor shall be responsible for any damage caused by his operations.
Nylon line or other whip edger’s shall not be used to edge ground cover areas or within two feet of any trees or shrubs. Contractor is responsible for any damage caused by this equipment.
4.04 Weed Control
Non-irrigated turf areas shall be carefully spot-treated with selective herbicides to control broadleaf weeds and weed grasses as weather and turf conditions dictate
13 4.05 Debris Control
The property shall be reviewed weekly to ensure that debris such as bottles, papers, cartons and similar items are disposed of to keep the grounds neat in appearance.
SECTION 5. ORNAMENTATION AND GROUND COVER
5.01 General
The Contractor shall maintain all ground cover, including hard fescue areas, on the site(s) covered by this agreement in a healthy, thriving condition by performing the following operations and other work incidental thereto:
5.02 Weed Control
Eliminate weeds, including undesirable grasses such as tall fescue, nut grass, rye, etc., preferably with IPM techniques, but also with pre-emergent herbicides and/or selective systematic herbicides. Hoe weeds as little as possible since this may result in plant damage. Hand-pull weeds that are not effectively controlled by chemical herbicides.
A. All planting beds and graveled areas shall be kept weed free.
B. All debris resulting from weeding operations shall be removed from the project area on the same day that the weeding operation occurs.
C. Should the Contractor desire to use a chemical weed control program, he shall develop said program and submit it in writing as part of this bid. The City shall be notified at least seven (7) days before each use. Credit for herbicide application (pre and post emergents) will only be given when Contractor notifies the City prior to said application.
D. All tree wells are to be kept weed and grass free for an area extending out a minimum of 2.5′ from the trunk of the tree in any direction. (See also Section
6.05 under Tree and Shrub Care.) A three inch layer of organic mulch should be maintained in the tree wells. Care should be taken to pull mulch away from the trunk of the tree a minimum of two inches.
5.03 Ground Cover Areas
All ornamental plant material and ground covers shall be judiciously pruned maintaining the natural structure of the plant. All vegetation shall be maintained and clear of all walkways. Perform edging so that groundcover “feathers back” from border of groundcover area, forming a natural appearance; do not shear or create vertical edges.
5.04 Watering
14 Water enough so that moisture penetrates throughout the root zone as often as necessary to maintain healthy growth.
5.05 Dead Plant Material
If large sections of plant material are damaged or destroyed due to vandalism, such replacement material will be provided or paid for by the City but shall be installed by the Contractor as “Extra Work”. Documentation such as photos, a cost estimate, and a Public Safety report for vandalism shall be provided to the City for such plant material.
Receipts for all plant material provided by the Contractor shall be given to the City.
5.06 Pest and Disease Control
All ornamental plant material will be inspected throughout the year to ensure against disease, insect infestation, and pest damage. If an infestation occurs, appropriate plant protection shall be taken. Any pruning necessary to remove infested or infected material is included in this contract at no additional cost.
Gopher and squirrel abatement is not included in the scope of work and will be performed by another contractor.
A. The spray materials shall meet all Federal, State and local requirements.
B. The Contractor shall use an insecticide spray that prevents or controls insect infestations.
C. Application of pest and disease control materials shall be within the time best suited, according to the manufacturer’s specifications and application rates, for the eradication of the insects and diseases.
D. Any new or existing plants or soil that are damaged by either the lack of a needed application or the over-application of controlled materials shall be replaced by the Contractor at his expense.
E. Snails and slugs shall be controlled by the use of an approved non-arsenical metaldehyde bait as prescribed by a qualified pest control advisor.
SECTION 6. TREE AND SHRUB CARE
6.01 General
Maintain trees and shrubs in a healthy, thriving condition by performing all necessary operations.
15 6.02 Pruning
6.03A Broadleaf Trees
Pruning shall be the responsibility of the City and shall be pruned in conformance with ISA guidelines.
6.03B Coniferous Trees
Pruning shall be the responsibility of the City and shall be pruned in conformance with ISA guidelines.
6.03C Shrubs
The objectives of shrub pruning are the same as for trees. Shrubs shall not be clipped into balled or boxed forms. All pruning cuts shall be made to lateral branches or buds, or flush with the trunk. “Stubbing” will not be permitted. Plant replacement required due to poor pruning practices shall be the responsibility of the Contractor.
6.05 Weed Control
Keep basins and areas between plants free of weeds and turf. Avoid frequent soil cultivation that destroys shallow roots. Where there is not adequate plant material to suppress weeds, mulch is preferred to either spray or mechanical removal of weeds.
6.06 Fertilization
Once, late in spring, fertilize recently established plants with a soluble nitrate fertilizer.
Avoid applying fertilizer to the root ball and base of main stem; rather, spread evenly under plant to drip line. Rates will vary from about a cup of nitrate fertilizer, (depending on nitrogen percentage) around a newly installed small plant to about one half (1/2) lb. of actual nitrogen per inch of trunk diameter measured four feet from the ground for mature trees.
SECTION 7. BURIAL SERVICES AND MARKER INSTALLATION
American Cemetery Maintenance and Burial “Contractor” will work with the City of Pleasanton’s contractor and city staff to provide burial services including:
7.1 Opening and closing of grave spaces/Interment and Disinterment – The Contractor shall bury remains presented for interment in the designated burial space. Depending on whether the burial is done with a ceremony, the contractor will schedule in a timely manner, the opening of the existing vault or niche or install required vault. Depending on location of grave the contractor will choose to either hand dig or use heavy equipment to
16 facilitate, removing existing marker and digging and removing the lid to the vault or niche. All surrounding graves and landscape will be protected from damage by covering with plywood or tarps. The remains are expected to be in either a casket or urn for burial. The process to place remains and close the vault or niche will follow standard cemetery practices which complies with all state regulations and city policy.
The Contractor will supervise the closing, filling, compacting, and leveling of the grave, including restoring the surface, marker to original appearance. Compaction will be done using either manual or power tools, depending upon location and soil conditions.
Contractor will ensure that the depth of each grave complies with state regulations and City Code. Contractor will superintend (manage) the burial of the body, refill and properly finish a grave after burial and collect and store in designated location on site or transport and dispose of all remaining spoils after each grave closing.
Disinterment will be conducted by Contractor as directed by City Sales & Management Contractor or City staff. Contractor will work with City Sales & Management Contractor to ensure that all necessary paperwork documenting disinterment and final disposition of remains is filed with the appropriate authorities.
7.2 Plot ownership confirmation prior to burial - Contractor shall be responsible for obtaining and confirming space ownership documentation from City Sales & Management Contractor or City staff. City Sales & Management Contractor or City Staff is responsible for marking the grave location, by agreed method. Confirmation shall occur prior to opening of gravesite and burial. Gravesite preparation shall be accomplished in a timely fashion, so as not impede scheduled services.
7.3 Graveside preparation – Contractor shall be responsible for graveside set up of tent(s), chairs, and lawn greens. At least one member from the Contractor’s burial crew must remain onsite until the family has left the Cemetery. Lowering the casket, tearing down the set-up and placing the lid shall be conducted in a professional, careful, and considerate manner.
7.4 Installation of vaults as needed - The Contractor shall have equipment and personnel to safely prepare and install cement grave vaults as requested for burial services. Concrete vaults are provided by the City. Depending on location of grave the
17 Contractor may choose to either hand dig or use heavy equipment to facilitate the installation of the vault. The vault will be installed to meet standard cemetery practices that complies with all state regulations and city codes. In the process of the vault installation, if an unexpected obstacle occurs, such as: a previous installed adjacent vault is intruding on burial space, or any other irremovable object, the Contractor will work with the City Sales and Management Contractor to resolve the issue which may require a fee adjustment.
7.5 Ground leveling and soil compacting for new - New gravesites are to be cleared, tamped sunk, and leveled with the surrounding terrain within seven (7) calendar days of burial services. Within twenty (20) calendar days following initial leveling, perform a follow-up leveling for re-vegetation.
7.6 Marker installation – The Contractor shall install headstones and markers within seven (7) days of notification by the City Sales & Management Contractor. Contractor shall ensure site layout and preparation and install headstones and markers.
Headstones shall be handled in a manner that prevents damage. Contractor shall ensure that flat markers shall be uniform in height (parallel with the ground and no more than 1 inch above grade) and horizontally and vertically aligned. Contractor shall provide headstone re-setting up to 1 headstone or marker per week. The Contractor is not responsible for the purchase and delivery of the monuments, headstones and markers to the cemetery.
SECTION 8. EQUIPMENT
When the City backhoe is no longer available for Contractor’s use, Contractor shall obtain its own, or rent as needed, a backhoe to provide the burial services. If the Contractor buys its own backhoe, Contractor shall provide the City with a rate sheet setting forth the hourly cost for the backhoe. If the Contractor rents a backhoe, Contractor shall provide City a copy of the rental invoice, to which Contractor may add a ten percent (10%) administrative cost. Such ownership hourly rate, or rental invoice + administrative cost, may be added as expenses to be invoiced by Contractor and paid by City, in additional to the Cemetery Fee Schedule set forth in Exhibit B.
18 Exhibit B
CEMETERY FEE SCHEDULE
Compensation
The Contractor will invoice the City for burial services once duties have been performed at the below rates.
Burial Services*
Interments Weekday Weekend
Open & Closing of Grave - Casket Burials
Preparing graveside for services
$1400 $1700
Open & Closing of Grave – Cremated
Remains Burials
Preparing graveside for services
$600 $700
Installation of Cement Vaults Single $1500 $1750
Installation of Cement Vaults Double $1650 $1900
Disinterment
Casketed Remains $1900 $2300
Cremated Remains $700 $800
Crypt Request Quote
Niche Request Quote
Grave Markers & Monuments
Installation of Flat Marker $325 $375
Flat Marker Removal $100 $150
Repair of Existing Marker or Monument Request Quote
*Note that if both parties are in mutual agreement to continue this service agreement beyond 2022, burial services prices listed above may be adjusted yearly, with the first adjustment occurring on January 1, 2023.
19 Exhibit C
CEMETERY GROUNDS MAINTENANCE MAP OF SERVICE AREAS
THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement ("Third Amendment") is entered into this first day of July 2024 by the City of Pleasanton ("City") and American Cemetery Maintenance and Burial (ACMB) LLC. a Limited Liability Corporation whose address is 2150 Portola Ave. Suite D-160, Livermore CA 94551, (“Contractor”).
Whereas, on December 21, 2021, the City and Contractor entered into a Burial and Maintenance Services Agreement with a term commencing on January 1, 2022 ("Agreement"); and Whereas, on December 20, 2022, the City and Contractor entered into a First Amendment to Agreement; and
Whereas, on January 1, 2023, the City and Contractor entered into a Second Amendment to Agreement; and
Whereas, the City and Contractor desire to enter into a Third Amendment to Agreement to extend the Agreement 12 additional months; and
Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. Section 3 of the Agreement, "Compensation" is amended to read: Compensation for the services and reimbursement for costs for the term of July 1, 2024 to June 30, 2025 shall not exceed $224,000 and shall be paid as set forth in the revised Exhibit A and Exhibit B, attached hereto.
For Fiscal Year 2025/26, and any subsequent years of the Agreement, to a maximum term of five years total, the annual compensation may not exceed $224,000 plus the percentage change in the April to March Consumer Price Index (CPI), year-over-year for the San Francisco-Oakland-San Jose Metropolitan Area (all items indexed; all urban consumers) with the percentage change based on the preceding 12-month period (which for Fiscal Year 2026/26 will be April 2024 to March 2025) as published by the Bureau of Labor Statistics, U.S. Department of Labor. Such CPI adjustment shall also be applied to the rates set forth in Exhibit A.
2. Exhibit A and B of the Agreement are amended as attached.
3. All other terms and conditions of the Agreement shall remain in full force and effect.
In witness whereof, authorized representatives of the parties have executed this Second Amendment to the Agreement as of the date and year first above written.
CITY OF PLEASANTON CONTRACTOR
By:
Gerry Beaudin, City Manager Signature
ATTEST: Title:
Print name
[If Consultant is a corporation, signatures must comply ATTACHMENT 2
Jocelyn Kwong, City Clerk with California Corporations Code §313] APPROVED AS TO FORM:
By:
Signature
Daniel G. Sodergren, City Attorney
Print name
Title:
Exhibit A
CEMETERY BURIAL SERVICES SCOPE OF WORK AND FEE SCHEDULE (To be used in conjunction with
the City Standard Specifications and Standard Details, and the State Standard Specifications and Standard Plans)
All work shall be in accordance with the City of Pleasanton Standard Specifications and Details dated November 2016.
All work not specifically called out as "Extra Work" in the below scope of work sections shall be considered "Basic Landscape Maintenance".
Item Description Quantity Unit Unit Price Total
1. Cemetery Burial Services 50 1 year See Exhibit B
for fee
schedule
Asneeded
service
not to
exceed
$82,600
2. Basic Landscape
Maintenance including
labor, overhead and all
required tools, etc. in burial
service areas detailed in
Exhibit C.
12 Month $50/hr, 144
hr per
month,
$7,200/
month
$86,400
3. As-needed Services 1 Allowance $50/hr $10,000
4. As-Needed Backhoe 18 Month $3,750/
Month
(approximate
based on
invoice
amount)
$45,000
Total (not-to exceed): $224,000
Contract Cost Accounting for Inflation
Year Date Amount Worst Case Scenario Inflation
2.5-
3.5 7/1/24 - 6/30/25 $ 224,000.00 N/A 3rd amendment amount
3.5-
4.5 7/1/25 - 6/30/26 $ 246,400.00 10%
4.5-5 7/1-26 - 12/31/26 $ 135,520.00 10% (final 6 months) Contract Total $ 605,920.00
EXHIBIT B
CEMETERY FEE SCHEDULE
The Contractor will invoice the City for burial services once duties have been performed at the below rates.
Weekday Weekend
Open & Closing of Grave - Casket Burials $1,550.00 $2070.00 Preparing graveside for services
Open & Closing of Grave - Cremated Remains Burials $680.00 $770.00 Preparing graveside for services
Installation of Cement Vaults Single $1,650.00 $1,900.00 Installation of Cement Vaults Double $1,750.00 $2,000.00 Disinterment
Casketed Remains $2,100.00 $2,500.00
Cremated Remains $770.00 $880.00
Crypt R/Q
Niche R/Q
Grave Markers & Monuments
Installation of Flat Marker $375.00 $425.00
Flat Marker Removal $150.00 $200.00
Repair of Existing Marker or Monument R/Q
Item #9
CITY COUNCIL AGENDA REPORT
July 16, 2024
Police
TITLE: ADOPT A RESOLUTION AUTHORIZING APPLICATION TO THE STATE OF
CALIFORNIA OFFICE OF TRAFFIC SAFETY'S SELECTIVE TRAFFIC ENFORCEMENT PROGRAM GRANT IN THE AMOUNT OF $140,400
SUMMARY
The State of California Office of Traffic Safety (OTS) sponsors several grant programs to improve the safety of the state’s streets and highways. Staff recommends City Council authorization to apply for the Selective Traffic Enforcement Program (STEP) grant program to address unsafe driving issues in the community. Awarded funds would be available for the period from October 1, 2024, through September 30, 2025.
RECOMMENDATION
Adopt a resolution (Attachment 2) to authorize the submittal of an application for the State of California Office of Traffic Safety Selective Traffic Enforcement Program Grant for $140,400 and authorize the City Manager to execute all documents, and appropriate $119,200 to project 17803 in the Operations Grant Fund in FY 24/25 if the grant is approved. The remaining $21,200 will be included in the FY 26/27 biennial budget.
BACKGROUND
Pleasanton is bordered on three sides by two major freeways and one highway, all of which are heavily traveled thoroughfares. The volume of cut-through traffic within the city increases significantly when the highways experience long delays due to collisions or traffic. These conditions create many challenges which culminate in an increase in injury collisions; two of the most significant issues are noted below.
Distracted Driving
Advancements in mobile technology are leading drivers to utilize their phones more frequently.
This mobile communication dependency contributes to distracted driving. When drivers are distracted by their phones or other electronic devices, they may run red lights, illegally turn in front of vehicles, or unknowingly increase the speed of the vehicle.
Bicycle Safety
The topography and amenities in Pleasanton attract many local and out-of-town bicycle enthusiasts. Additionally, a significant number of school-age children ride bicycles to elementary schools and junior high schools. Bicycle collision data involving youth suggests a need to increase rider safety by educating youth on bicycle safety and awareness, and the importance of wearing a properly fitted helmet.
The Police Department participates with surrounding police departments in a collaborative effort to address current traffic safety trends in each city, referred to as the Concentrated Intensive Traffic Enforcement (CITE) team. Participating motorcycle officers saturate the
hosting agency's jurisdiction and address primary collision factors, in an effort to reduce collisions.
DISCUSSION
The OTS STEP grant application, included as Attachment 1, focuses on a comprehensive approach to enforce and encourage compliance with seat belt use, impaired driving, speed limit, and other traffic laws. As education and enforcement are two important components of collision reduction, the City will use the grant funding to augment Police Department enforcement to lower the number of injury collisions, bicycle/pedestrian collisions, and reduce distracted divers by concentrating on roadway violations and to purchase equipment to assist with enforcement. As well, the grant funding will provide educational programs for bicycle/pedestrian safety focused on school-aged bicyclists.
The City will communicate with the community via social and local media, sign boards and the City’s website to increase community awareness and attention to specific traffic related issues that are contributing to collisions, thereby assisting in reducing the number of collisions within the city. In addition, efforts will be made to train more officers on techniques and equipment that will help reduce the number of injury collisions.
EQUITY AND SUSTAINABILITY
As a full-service municipality, the City provides a wide range of services and programs to meet the needs of all members of the community.
OUTREACH
No outreach was conducted, as this item is a routine matter of City business.
STRATEGIC PLAN ALIGNMENT
This action is aligned with the ONE Pleasanton Strategic Plan goals of Funding Our Future, which supports financial health and sound fiscal policies through long-term planning, cost recovery, increased revenue, and cost containment, and Safeguarding Our City, which prioritizes community safety.
FISCAL IMPACT
The OTS STEP grant will provide funding to augment the City’s expenditures for the enforcement of persons driving under the influence and through enforcement operations focusing on primary collision factors. This grant may be used to fund overtime, benefits, and equipment, thereby reducing General Fund expenditures. No City matching funds are required to accept this grant award. Awarded grants will be appropriated to the Operations Grant Fund in FY 2024-25 and FY 2025-26 as stated above.
Prepared by: Submitted by: Approved by:
Heather DeQuincy,
Management Analyst
Gina Anderson, Interim Police Chief Gerry Beaudin, City Manager
Attachments:
1. Grant Application - OTS STEP
2. Resolution - OTS STEP Grant
Application :: Page 1 of 18
1. 2.
3. 4.
Application Information
Application No: 25-005499
Application Type: STEP Agency (City or
County): Pleasanton
Department
(Police
Dept, DA
Office, etc):
Pleasanton
Police
Department
Authorized
Representative: Amy Martin DUNS/SAM Number: NBJ9HJHTK3E5
DUNS/SAM
Expiration
Date:
8/21/2024
DUNS/SAM
Registered Address:
4833 Bernal
Av DUNS/SAM City: Pleasanton DUNS/SAMZIP+4: 94566-1220
Application Summary
Grants Made Easy Application Titles and Descriptions are pre-populated. For General Grants, provide the Application Title and Application Description.
Application Title:
Selective Traffic Enforcement Program (STEP)
Application Description:
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
Problem Statement
Describe the problem(s) to be addressed by providing the following:
Describe the city, county, or jurisdiction this grant will impact.
Describe the problem(s) to addressed, supported by current and relevant crash data. (most recent calendar year data/stats)
Define the target population the grant intends to serve and how they are affected by the problem(s).
Do not include state or national information.
ATTACHMENT 1
Application :: Page 2 of 18
Problem Statement:
The Pleasanton Police Department (PPD) takes pride in its traffic safety efforts while maintaining safe roadways for residents and visitors alike. Just 45 miles east of San Francisco, Pleasanton is the gateway between the Central Valley and Bay Area. Pleasanton has a current estimated population of over 80k residents with a population rising during the day to an estimated over 100k due to many corporate businesses and headquarters that call Pleasanton home.
Pleasanton also has extremely high traffic volume due to being at the crossroads of the I-580 and I-680 freeways with many commuters using City streets to bypass freeway congestion.
In addition, Pleasanton itself hosts many special events throughout the year varying from kid-centric family fun to adult friendly brew crawls and wine strolls for residents and visitors.
Pleasanton is also home to the Alameda County Fairgrounds, a 270-acre facility hosting the annual Alameda County Fair along with many other well-known events throughout the year which often draws in attendance of over 10k visitors daily.
With a rise in traffic and enforcement related issues, PPD has identified key opportunities that would provide significant benefit to the public: General traffic enforcement and education, DUI saturation efforts, and bicycle/Pedestrian safety.
All data used in this application was obtained via the use of internal records management apart from OTS rankings.
In previous years, PPD had been able to accomplish extraordinary goals in reducing traffic collisions occurring in Pleasanton and, thereby, reduced deaths and injuries because of crashes. However, the current staffing and budgetary constraints have resulted in extreme cuts to the Department’s traffic unit. A direct result of low staffing includes the reduction in the number of Traffic Officer positions from five officers to two officers as well as our current temporary shutdown of the Traffic Unit, to supplement patrol staffing levels. Traffic enforcement efforts made by the Department have dropped drastically while collisions have risen. DUI enforcement is still a key priority for all our officers but with the dependence on the County Jail’s Evidential Breath-Alcohol Testing System the wait times for booking suspects can be excessive and cause great delays in returning officers to the street to continue their DUI enforcement efforts.
Between 2021 and 2023, total collisions within the City of Pleasanton increased by 27% and injury collisions increased 65% with fatalities decreasing from two in 2021 zero by end of 2023 Federal Fiscal Year. DUI arrests decreased by approximately 17%, a dramatic change that directly correlates to limited enforcement operations.
With significantly less efforts being made around traffic enforcement and education, PPD has seen a 61% decrease in the number of moving citations issued between 2021 to 2023. In 2021 PPD issues 2490 moving violations compared to 976 in 2023. This significant drop in citations issued corresponded to the increase in injury collisions during the same period. The decrease in DUI arrests during the same time also parallels the decrease in enforcement and education.
In years past, PPD has participated in several DUI saturations patrols targeting DUI drivers as well as education. Support from NHSTA Office of Traffic Safety would allow PPD to organize these DUI saturation patrols throughout the year (including major holidays and collaborative efforts with neighboring agencies).
Bicycle Safety:
The City of Pleasanton is a playground for bicycle enthusiast from all over as we have rural roads with rolling hills, and well-maintained dedicated bicycle lanes which makes it geographically attractive for cyclist. To accommodate the increased bicyclist’s presence, the city has started adding green bicycle lanes (Protected bicycle lanes) throughout the city.
The City of Pleasanton also draws the attention of local young riders and youth from outside of Pleasanton. We have two concrete skate / bicycle parks, with various ramps and bowl designs.
Pleasanton is home to numerous bike paths, trails, and a BMX park. A significant number of our school-age children ride their bicycles to and from home to school. With the city being such an attractive place to cycle and it being so readily available, bicycle enthusiasts are abundant, which brings traffic-related issues and collisions. We are often confronted with bicyclists not
Application :: Page 3 of 18
obeying the rules of the road and youth not wearing helmets. Failure to obey the rules of the road has led to many collisions along with young riders not wearing helmets leading to injury collisions. The City of Pleasanton has experienced the following bicycle collisions over the past
Application :: Page 4 of 18
three years:
UNDER 15 YEARS OF AGE
September 01, 2022 - August 31, 2023- Non-Injury 1 - Injury 6 - Killed 0 September 01, 2021 - August 31, 2022- Non-Injury 1 - Injury 10 - Killed 0 September 01, 2020 - August 31, 2021- Non-Injury 1 - Injury 6 - Killed 0 65 + YEARS OF AGE
September 01, 2022 - August 31, 2023- Non-Injury 0 - Injury 3 - Killed 0 September 01, 2021 - August 31, 2022- Non-Injury 0 - Injury 2 - Killed 0 September 01, 2020 - August 31, 2021- Non-Injury 0 - Injury 4 - Killed 0
Application :: Page 5 of 18
The NHSTA grant would also allow PPD to focus both enforcement and education efforts in bicycle safety and, more specifically, toward the community’s younger bicycle riders. Funding from the NHSTA grant will assist PPD in prioritizing those efforts as well as continuing bicycle safety enforcement and educational efforts throughout the city. Additionally, this grant would allow PPD to fund bicycle safety/ helmet enforcement positions and bicycle safety presentations that would focus on younger bicyclists going to and from school. The last bicycle safety presentation held by Pleasanton was in 2017.
Training & Education:
PPD has continued to hire new Police Officers over the past few years and there is a need for the new officers to attend RADAR and LIDAR School. Speed remains one of the City's top three primary collision factors and the ability to have more officers trained on our equipment can lead to more enforcement and education for drivers in our city. Placing officers in a position to enforce speed violations can reduce the number of injury collisions. The OTS Grant would provide us the opportunity to have specialized enforcement for speed and have more RADAR/LIDAR trained officers.
Community Outreach:
A significant aspect of this grant is educating the community and increasing awareness regarding traffic safety. This is accomplished through press releases and the use of social media hubs. Currently, PPD has 10,700 Twitter, 17,700 Facebook, and 9,280 Instagram followers.
Additionally, PPD works with the Pleasanton Bicycle Coalition who meets every two months.
Member of PPD Traffic Unit and members of the Pleasanton Traffic Engineering Office attend each meeting. Bicycle safety concerns and new legislation are discussed and recommendations for types and areas of enforcement are heard. As a result of these meetings recommendations are also presented to the Pleasanton City Council.
Equipment:
The Pleasanton Police Department currently utilizes antiquated PAS devices when investigating impaired drivers. Requested funds would be utilized to purchase new PAS devices with updated computer software utilized to gather and analyze PAS data. Additional training will also be funded for personnel in the calibration, certification of these devises, to include courtroom testimony.
Currently PPD has one portable traffic message board equipped with a radar/traffic data classifier. This message board is constantly used throughout the city at the request of citizens for specific speeding complaint zones. These are often on major thoroughfares and residential streets. Additionally, this sign board is used in traffic control at many of the city’s major events to include the fairgrounds, parades, and street closures. With speed identified as the number one leading PCF for injury and fatal collisions in Pleasanton, funding from NHSTA would help PPD acquire a new portable public safety message board equipped with radar/traffic data classifier.
This data can be used for statistical purposes and supporting evidence for traffic recommendations to Pleasanton Traffic Engineering and City Council.
Conclusion:
PPD has developed a reputation for excellence in traffic safety. Receiving a grant from NHSTA OTS would allow PPD to expand and better support traffic safety efforts in Pleasanton and neighboring agencies of Dublin and Livermore. Without support from NHSTA, PPD’s traffic safety will generally consist of two motorcycle officers working enforcement when possible while still responding to and investigating all collisions. Without this grant, PPD will see a continued reduction in citations issued and educational programs offered while experiencing a continued escalation of collisions and a rise in the number of community members injured. NHSTA OTS funding would provide a vital resource to improve traffic safety and community engagement opportunities.
For the reasons cited above, PPD requests OTS Grant Funds which would allow us to expand our traffic efforts to reduce collisions, educate our community and make our roadways safer for everyone.
Application :: Page 6 of 18
Traffic Data Summary:
City Applicants: Complete the table below using the most current local data and update the 20XX years in the table (do not use the OTS Rankings or SWITRS).
County or State Applicants: Complete the table below using SWITRS data and update the 20XX years in the table.
Crash
Type 2021 2022 2023
Crashes Victims Crashes Victims Crashes Victims
Fatal 2 2 3 3 0 0
Injury 119 153 163 214 196 250
Fatal Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol -
Involved 1 11 1 14 2 13 2 19 0 13 0 20
Hit & Run 0 8 0 7 0 4 0 4 0 13 0 15
Nighttime
(2100-0259
hours)
0 12 0 17 1 11 1 15 0 12 0 15
Top 3 Primary Crash Factors Fatal Injury Killed Injured #1 -22350 Basic Speed violation (77 Total reported) 0 51 0 60 #2 -22107 Unsafe turn violation (60 Total reported) 0 23 0 29 #3 -21453
A
Stop sign violation (46 Total reported) 0 33 0 47
Proposed Solution
Equity:
The Leadership of the Pleasanton Police Department has made an intensive effort to complete a comprehensive and thorough assessment of the President’s Task Force report and its themes, recommendations, and action items. The effort of the department’s leadership represents a commitment to the Pleasanton community by its Police Department to ensure the City’s law enforcement agency exemplifies a culture and models practices that are contemporary, at the forefront of the policing profession, and meets the community’s expectations.
The Pleasanton Police Department has a long standing and demonstrated success of being accountable to the community it serves. With strong connections and meaningful partnerships between the Police Department and the community, the level of trust that exists and continues to be developed is reflective of that accountability. Pillar 2 of the Task Force Report highlights the issue and importance of civilian oversight to strengthen trust between the police and the community it serves.
On January 1st, 2022, Pleasanton Police Department began tracking RIPA (Racial Identity and Profiling Act) data to the Department of Justice. Even though official data did not start being transmitted to DOJ until January of 2022, we began gathering data in a testing phase, starting October of 2021. The purpose of gathering this data is to ensure Pleasanton Police Officers are enforcing the laws equally without any malice or bias.
Application :: Page 7 of 18
Strategies:
Pleasanton Police Department will use a multi-faceted approach in implementing the grant funds. Most of these efforts will be traffic enforcement related, focusing on specific traffic violations which are the leading causes of injury collisions within Pleasanton. Grant funds will cover overtime used to assign officers to directed enforcement opportunities focusing on the grant goals to reduce collisions. Distracted driving, bicycle and pedestrian enforcement operations are ways the grant will be implemented within the city. Additionally, PPD will use grant funds to send officers to needed POST certified training programs such as SFST's, A-Ride, and DRE. These essential training courses are needed for officer development and increasing the confidence in officers when conducting proactive DUI enforcement operations. During this current nationwide shortage of police officers, PPD had several collaborative operations with neighboring agencies to conducted DUI enforcement operations. New PAS technologies will be employed along with the enforcement efforts to bolster case strength while increasing successful prosecution of impaired drivers. These operations were made possible by OTS grant funds and will assist with future similar operations. PPD will communicate with the community via social media and inform them about the grant and the goal of reducing factors that are contributing towards collisions. Portable lighted sign boards along with PPD's website will be employed to further the traffic safety message in the community. Bringing attention to specific traffic-related issues will make the community aware of them and will assist in reducing the number of collisions within the city.
Agency Qualifications:
The Pleasanton Police Department has been the recipient of OTS grants in the past, have personnel who are familiar with the implementation of the grant, and are training other officers to meet goals of internal succession planning. PPD has continued to hire new officers over the last several years, but like other agencies around the area, low staffing levels have impacted our directed special enforcement objectives. The Pleasanton Police Department has selected areas of enforcement that are achievable for our department and our staffing levels. PPD has the support of the Pleasanton City Council and City Manager in receiving OTS grant funds. We hope to continue with our educational goals with traffic enforcement by allowing our officers to attend traffic and DUI related, POST certified, training courses. We hope to include the opportunity to host the DUI Checkpoint Management course as well as PAS calibration and Child Seat Safety courses for our staff and other agencies.
Community Collaboration and Engagement
Provide a description of the community collaboration and engagement activities that will be conducted by your department and addresses traffic safety. Community collaboration and engagement allows for the appropriate department personnel to engage in conversations to both share information and receive input from the community members regarding traffic safety.
Application :: Page 8 of 18
Community Collaboration and Engagement:
As of September 28, 2021, the Pleasanton Police Department formed Community Advisory Board (CAB) giving an opportunity for community members to have their voice heard. To promote trust and transparency, the Community Advisory Board will focus on public safety issues and engage in productive conversation with leadership at Pleasanton Police Department.
Chief Swing will lead CAB meetings monthly and discussions may cover topics such as mental health response, use of force, and technology. Members will provide insights while weighing in on matters of policy and procedure. It was critical the make-up of the CAB reflected the diversity of our community. Diversity in all areas including race, gender, age, faith, thought, and experience.
Members of PPD's Traffic Unit, along with members of the Traffic Engineering Office, attend bi-monthly meeting with the Pleasanton Bicycle Coalition. This coalition is comprised of Pleasanton residents who frequently ride bicycles in and around our community. Together we discuss safety concerns to include roadway signage, dedicated bicycle lanes, enforcement, and education of both motorists and cyclists. Recommendation from all involved parties are also presented to Pleasanton City Council regarding the aforementioned issues.
The Pleasanton Police Department also conducts community outreach events, such as Coffee with a Cop and Cone with a Cop. These events allow citizens to have quality time with officers and management staff to have an open dialect about their traffic and crime concerns within the city.
Application :: Page 9 of 18
Goals
Description
Reduce the number of persons killed in traffic crashes.
Reduce the number of persons injured in traffic crashes.
Reduce the number of pedestrians killed in traffic crashes.
Reduce the number of pedestrians injured in traffic crashes.
Reduce the number of bicyclists killed in traffic crashes.
Reduce the number of bicyclists injured in traffic crashes.
Reduce the number of persons killed in alcohol-involved crashes.
Reduce the number of persons injured in alcohol-involved crashes.
Reduce the number of persons killed in drug-involved crashes.
Reduce the number of persons injured in drug-involved crashes.
Reduce the number of persons killed in alcohol/drug combo-involved crashes.
Reduce the number of persons injured in alcohol/drug combo-involved crashes.
Reduce the number of motorcyclists killed in traffic crashes.
Reduce the number of motorcyclists injured in traffic crashes.
Reduce hit & run fatal crashes.
Reduce hit & run injury crashes.
Reduce nighttime (2100 - 0259 hours) fatal crashes.
Reduce nighttime (2100 - 0259 hours) injury crashes.
Custom Description
Objectives
Included Target
Number Description
Yes 1
Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
Yes 10
Participate and report data (as required) in the following campaigns; Quarter 1: National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
Application :: Page 10 of 18
Yes 1
Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly.
Yes 2
Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training.
Yes 2
Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training.
Yes 2
Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
No 0 Send law enforcement personnel to the DRE Recertification training.
Yes 2 Send law enforcement personnel to SFST Instructor training.
No 0 Send law enforcement personnel to DRE Instructor training.
Yes 1
Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
Yes 10 Conduct DUI Saturation Patrol operation(s).
No 0
Conduct Court Sting operation(s) to cite individuals driving to and from the court after having their driver's license suspended or revoked.
No 0
Conduct Warrant Service operation(s) targeting multiple DUI offenders who fail to appear in court.
No 0
Conduct Stakeout operation(s) that employ law enforcement officers to observe repeat DUI offender probationers with suspended or revoked driver licenses.
Yes 10 Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
Yes 5
Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
No 0
Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers.
No 0 Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s).
Yes 5
Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers.
Yes 2
Conduct Traffic Safety educational presentation(s) with an effort to reach community members.
Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
Yes 2 Conduct Know Your Limit campaigns with an effort to reach members of the community.
Yes 3 Participate in highly visible collaborative DUI Enforcement operations.
Yes 2 Participate in highly visible collaborative Traffic Enforcement operations.
Yes 4 Send law enforcement personnel to DUI Checkpoint Planning and Management training.
No 0
Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
No 0
Conduct Illegal Street Racing and Modified Vehicle training classes for law enforcement personnel.
No 0
Identify grant funded, straight time personnel. Include any vacancies or staff changes that have occurred. For any vacancies, include the status of filling the vacancy.
Application :: Page 11 of 18
Yes 3
Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
No 0
Utilize the oral fluid drug screening device at roadside to assist with identifying drug use during DUI investigations. Report on the use, accomplishments, or challenges associated with the use of the oral fluid drug screening device.
Yes 4
Send law enforcement personnel to a POST certified implicit bias training, such as; Implicit Bias and Community Policing, Principles Policing, or Beyond Bias.
No 0
Execute subcontracts referenced in the budget. Prior to finalizing the subcontract, grantee should work with the OTS to ensure all costs in the sub contract are allowable. Upon execution of subcontract, upload a copy of the subcontract and request a revision to the grant budget to add new budget line items for associated costs under contractual services. If not yet executed, provide ETA.
Included Target
Number Custom Description
Yes 4
Partner with local elementary or middle schools to conduct bicycle and pedestrian safety workshops.
Yes 4 Send personnel to Child Seat Safety training and certification.
Yes 1 Conduct Child Seat Safety inspection/workshop.
Yes 1 Host law enforcement DUI Checkpoint Planning and Management training Method of Procedure
Phase 1 - Program Preparation:
The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter.
All grant related purchases needed to implement the program should be made in the first quarter.
In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements:
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.
Phase 1 - Program Preparation Addendum:
Phase 2 - Program Operations:
The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
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Media Requirements
The following requirements are for all grant-related activities:
Application :: Page 13 of 18
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material. However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant-related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.
Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.
Phase 2 - Program Operations Addendum: